Дисертації: "De facto relationship law"

1

Turnbull, Christopher J. "Family law property settlements: Principled law reform for separated families." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/113831/1/Christopher_Turnbull_Thesis.pdf.

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This thesis investigates the philosophical basis, values, and practical application of family law, specifically property settlements for separated spouses, where those spouses have children of their relationship. It is a step forward in understanding of how judges decide cases, as it reports on the results and process of decision-making using 200 decisions from family law courts. It develops criteria for defining justice in this context, including a clear purpose to the law, consistency of decision-making, non-discrimination between spouses, giving weight to financial disadvantage, and priority to the economic interests of children.

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2

Venkateswaran, Koduvayur Subramanian. "Formal and De Facto states of emergency : the Indian experience - 1947-1997." Thesis, Queen's University Belfast, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.263573.

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3

Lundkvist, Julia. "Ipso facto-klausuler vid insolvensrättsligt förfaranden: EU:s rekonstruktionsdirektivs påverkan på ipso facto-klausulers rättsverkan vid ett insolvensrättsligt förfarande i Sverige." Thesis, Umeå universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-180555.

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4

Carvalho, Luiz Gustavo Santana de. "Prescrição tributária: norma, fato e relação jurídica." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/2/2133/tde-25112016-122459/.

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O presente trabalho consiste num estudo analítico sobre a prescrição tributária com a finalidade de, didaticamente, buscar identificar um subsistema jurídico próprio, dotado de normas e valores próprios, que permita o estudo destacado do tema dentro do sistema do direito positivo, a partir de uma análise lógico-sintática da expressão prescrição tal qual referido na alínea b do inciso III do art. 146 da Constituição Federal de 1988 (CF/88)2, que outorga competência ao legislador complementar para fixar normas gerais sobre a prescrição tributária, para construir uma significação possível para tal expressão, identificando sua acepção de base3, não se admitindo que se diga que o seu conteúdo seja vazio, a fim de que se possa identificar o regime jurídico aplicável à prescrição tributária, com a completa compreensão dos limites da competência do legislador complementar e ordinário nesse âmbito, de modo que se possa perceber a existência de uma tríplice4 perspectiva pragmática do uso dessa expressão no discurso do direito positivo, no qual por vezes é tomado como norma prescricional, ou como fato prescricional (hipotético), ou ainda como relação jurídica prescricional, o que já foi anteriormente investigado por outros autores, mas não sob o rótulo aqui sugerido, apesar de pouco explorada, daí porque merecendo melhor atenção, compreensão e aplicação na solução de casos da pragmática jurídica, para, ao final, identificar os eventuais acertos e/ou vacilos da jurisprudência do Superior Tribunal de Justiça (STJ) e do Supremo Tribunal Federal (STF) no julgamento dos casos e problemas aqui apresentados.
The present paper consists of an analytical study on tax statute of limitations with the aim of identifying, didactically, a special legal subsystem, endowed with its own normative values and rules, allowing the aforementioned study within the system of positive law, from a logical syntactic analysis of the phrase Statute of Limitations pursuant to as mentioned in Article 146, III, b, of the 1988 Brazilian Federal Constitution5, which grants to the supplementary law competence concerning establishing general rules with regard to the tax limitation, to constitute a possible meaning to such a phrase, identifying its basic acceptation6, not considering to say that its content is hollow, in order to identify the legal regime applicable to tax limitation, with the comprehensive understanding of the supplementary and ordinary laws competence limits herein, in order to realize the existence of a triple7 pragmatic perspective of using such phrase in the utterance of the positive law, in which is sometimes taken as statute of limitations, or statute of limitations fact (hypothetical), or even as Legal Relationship of Limitations, which has previously been investigated by other authors, but not under the approach suggested hereto, though little investigated, hence why deserves better attention, understanding and application in solving cases of Legal pragmatism, to, in the end, identify any adjustments and/or wanderings of the jurisprudence of the Superior Court of Justice (STJ) and the Federal Supreme Court (STF) in judging cases and claims presented herein.

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5

Ndlovu, Sibonelo. "Critical Analysis of Ex Post Facto Environmental Impact Assessment Authorisations in South African Law." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4488.

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In this dissertation I consider the issue of ex post facto EIA authorisations from the inception of the EIA regime in South African law to present. At the heart of the analysis is the question of whether, at different stages of the evolvement of the EIA regime, such authorisations are provided for in South African law, adequately or at all.

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6

Akcan, Victoria. "Skyddar aktiekapitalet borgenärerna? : Eller utgör aktiekapitalet de facto ett legalt hinder för entreprenörerna?" Thesis, Jönköping University, JIBS, Commercial Law, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12282.

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The purpose with this essay is to investigate whether the legal capital can be justified as creditor protection and whether the legal capital prevent entrepreneurship.

Historically the legal capital has been justified by means of creditor protection. Nowdays the development within EU rather reduces or abolish the legal capital. Sweden has recently, 1 of April 2010, reduced the legal capital from 100 000 Swedish crowns to 50 000 Swedish crowns. In the preparatory work it has been admitted that the legal capital does not in reality offer creditors much protection. Although the lawmaker decides to retain the legal capital and justifies the legal capitals existence with the argument that involuntary creditors has the need of the legal capital. It is also argued in the preparatory work that a reduction of the legal capital does not necessarily mean that new business creation will increase. Rather, the private limited liability company will instead be more available.

I will present different authors views on the legal capital doctrine. The views that are presented are critical to the legal capital doctrine. I will also present different statistics that compares countries legal environment and how it effects entrepreneurship

My conclusions are that legal capital can be questioned, especially on efficiency grounds. I also argue that legal capital in fact hinders entrepreneurship and I base my premise on the different statistics that has been presented.

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7

Harrela, Maija. "Twin and epidemiological studies on insulin-like growth factor binding protein-1 : relationships to insulin sensitivity and cardiovascular risk." Helsinki : University of Helsinki, 2002. http://ethesis.helsinki.fi/julkaisut/laa/kliin/vk/harrela/.

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8

Malcomson, Maurice Joseph. "A critical analysis of the 'de jure, de facto' position of school governors in Northern Ireland : a preparation for governorship." Thesis, University of Ulster, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369983.

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9

Parmenion, Espeche Sebastián. "The Financial and Tax Law and its Relationship with Private Law." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118962.

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The purpose of this paper is to glimpse as the Tax Law is inserted in the unit of general law, being important for understanding the knowledge of public and private law in general.In the second part of the paper, the author analyzes how private law applies to the financial subsidiary way through forwarding making the tax law itself or by express provision of the civil. He emphasizes in this introduction as dogmatic construction of the tax liability, originated and rationale in civil liability.Finally the author explains how general principles of law necessarily apply to financial law. Thus, the principles of good faith, breach of law, and the doctrine of estoppel, are universal principles applicable to every right and inexcusably financial and tax law.
El presente artículo busca vislumbrar cómo el Derecho Financiero y Tributario está inserto en la unidad del Derecho en general, resultando importante para su comprensión el conocimiento del Derecho Público y Privado. Por ello, el autor analiza cómo se aplica en forma subsidiaria el Derecho Privado al Derecho Financiero a través del reenvío que realiza la propia legislación fiscal o por disposición expresa de la civil. Destacamos en esta introducción cómo la construcción dogmática de la obligación tributaria tuvo su origen y razón de ser en la de la obligación civil.Finalmente el autor explica cómo los Principios Generales del Derecho necesariamente se aplican al Derecho Financiero. Así, los principios de buena fe, abuso del derecho, y la doctrina de los actos propios, son principios universales aplicables a todo el Derecho e inexcusablemente al Derecho Financiero y Tributario.

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10

Farmer, James A. "An ex post facto research study of the relationship between juvenile exploitation and work-related stress experienced by staff members." The Ohio State University, 1986. http://rave.ohiolink.edu/etdc/view?acc_num=osu1250095356.

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11

Sasson, Monique. "Substantive law in investment treaty arbitration : the uneasy relationship of international law and municipal law." Thesis, University of Cambridge, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.611808.

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12

Griffiths, Marsha Lynne. "Literature and Law: A Closely Intertwined Relationship." OpenSIUC, 2011. https://opensiuc.lib.siu.edu/theses/660.

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Today, "Law and Literature" scholars take many divergent approaches in considering the relationship between law and literature, but, generally, these approaches focus on how literature informs the law. One approach, how law informs or contributes to literature by considering literature within its legal context, has been rejected as a difficult task, which requires far more effort than its rewards would encourage. However, approaching specific legal issues engaged by an author within a literary text can be accomplished successfully, and the research required to understand the legal context of literary texts provides an exciting opportunity both to unearth levels of meaning within a text and to discover the evolution of the law from points of view that differ from those included within standardized historical and legal texts.

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13

Roelf, Nicholas Louis. "Decentralising the South African Police Service: Does South Africa's current public safety crisis and the de facto decentralising of policing necessitate a critical evaluation of its present policing model?" Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33014.

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Violent crime in South Africa has reached epidemic levels, and something needs to be done about it as a matter of urgency. While the huge socio-economic inequalities in South Africa remain the main cause of crime in South Africa, the focus of this dissertation is on the inefficient, ineffective and unaccountable South African Police Service (SAPS), and how its failings have contributed to the public safety crisis South Africa is faced with presently. In this dissertation I suggest that, given South Africa's current public safety crisis, institutional reform of SAPS is needed in order to adequately address this social ill and argue that it is worth revisiting the decentralised policing model proposed under the Constitution of the Republic of South Africa Act 200 of 1993 (Interim Constitution), as a partial solution. The public safety crisis effects every person in South Africa, whether directly or indirectly, however, it is the most vulnerable communities, on the socio-economic margins of the South African society, who suffer the most. The Cape Flats in Cape Town is used as a representative case study to show the failings of South Africa's current centralised policing model, highlighting how SAPS have proven to be ineffective in dealing with violent crime there. As a result of the failings of SAPS people are organising locally to ensure their own safety, including the creation of vigilante organisations. In Cape Town a de facto decentralised police service has been created, which in itself presents a serious problem however also reflects the demand for more localised and nuanced policing in South Africa.

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14

Loots, Barbara Evelyn. "Public employment and the relationship between labour and administrative law." Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6683.

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Thesis (LLD)--University of Stellenbosch, 2011.
ENGLISH ABSTRACT: The focus of this study is the rights-based normative overlap of labour and administrative law in public employment. As the judiciary appeared to be unable to agree on a unified approach to the application of the rights to fair labour practices and just administrative action to public employment, it was clear that the complexity and multi-dimensional character of the debate required analysis of existing approaches to the regulation of the public employment relationship. The following initial research question was formulated: To what extent does (and should) the constitutionalised rights to fair labour practices (s 23) and just administrative action (s 33) simultaneously find application in the regulation of public employment relationships? In answering this question, certain realities had to be acknowledged, the most important being that the debate in question jurisprudentially revealed itself to be a jurisdictional turf-war between the Labour and High Courts, rather than proper consideration of the relevant substantive arguments and underlying normative considerations. This called for an additional dimension to be added to the research question, namely consideration of the extent to which the ss 23 and 33 rights are informed by variable and possibly different normative principles and whether these rights allow for cooperative regulation of public employment in accordance with the doctrine of interdependent fundamental rights. This became the primary focus of the study. In an attempt to simplify the debate, a deliberate decision was taken to limit the scope of the normative study to South Africa with its own historic influences, structures and constitutional considerations. The study shows that both labour and administrative law (as constitutionally informed) share concern for equity-based principles. This is evident from the flexible contextually informed perspectives of administrative law reasonableness in relation to labour law substantive fairness, as well as a shared concern for and approach to procedural fairness. Once simplified, and in the absence of any undue positive law complexity, the public employment relationship, at both a normative and theoretical level, furthermore shows no substantive status difference with private employment relationships. It is, however, accepted that there are job and sector-specific contextual differences. In the absence of substantive normative conflict between these branches of law and in the absence of a fundamental (as opposed to contextual) difference between public and private employment, there appears to be no reason to ignore the constitutional jurisprudential calls for hybridity, otherwise termed the doctrine of interdependence. The idea of normatively interdependent rights expresses the Constitution’s transformative vision (through the idea of flexible conceptual contextualism) and recognises that human rights may overlap. This also means that where such overlap exists, rights should be interpreted and applied in a mutually supportive and cooperative manner that allows for the full protection and promotion of those rights. In giving expression to the interdependent normative framework of constitutional rights, these norms (absent any substantive rights-based conflict) should then be used by the judiciary as an interpretative tool to align specific labour law and general administrative law in the regulation of public employment relationships.
AFRIKAANSE OPSOMMING: Die fokus van hierdie studie is die regsgebaseerde normatiewe oorvleueling van arbeids- en administratiefreg in die openbare diensverhouding. Aangesien dit blyk dat die regsbank nie kon saamstem oor ‘n eenvormige benadering tot die toepassing van die regte op billike arbeidspraktyke en regverdige administratiewe optrede op die openbare diensverhouding nie, het die kompleksiteit en multi-dimensionele karakter van die debat dit genoodsaak om bestaande benaderings tot die regulering van die openbare diensverhouding te analiseer. In die lig hiervan is die volgende aanvanklike navorsingsvraag geformuleer: Tot watter mate vind die grondwetlik neergelegde regte tot billike arbeidspraktyke (a 23) en regmatige administratiewe optrede (a 33) gelykmatig toepassing in die regulering van die openbare diensverhouding en tot watter mate hoort die regte gelykmatig toepassing te vind? In antwoord op die vraag is sekere realiteite geïdentifiseer, waarvan die belangrikste is dat die debat in die regspraak grootliks neergekom het op ‘n jurisdiksionele magstryd tussen die Arbeids- en Hooggeregshowe, eerder as werklike oorweging van die relevante substantiewe argumente en onderliggende normatiewe oorwegings. Dit het die byvoeging van ’n verdere dimensie tot die navorsingsvraag genoodsaak, naamlik oorweging van die mate waartoe die aa 23 en 33 regte deur buigsame en moontlik verskillende normatiewe beginsels beïnvloed word, en ook of hierdie regte ruimte laat vir mederegulering van die openbare diensverhouding in terme van die leerstuk van interafhanklikheid van fundamentele regte? Laasgenoemde het die primêre fokus van die studie geword. In ‘n poging om die debat te vereenvoudig, is doelbewus besluit om die strekking van die normatiewe studie te beperk tot Suid-Afrika, met eiesoortige historiese invloede, strukture en grondwetlike oorwegings. Soos die normatiewe studie ontvou het, wys die studie dat beide arbeids- en administratiefreg (soos grondwetlik beïnvloed) ‘n gemeenskaplike belang in billikheids-gebaseerde beginsels openbaar. Daar is ‘n versoenbaarheid tussen die kontekstueel beïnvloedbare en buigsame redelikheidsperspetief van die administratiefreg, soos gesien in vergelyking met substantiewe billikheid in die arbeidsreg. Voorts heg beide die arbeids- en administratiefreg ‘n gemeenskaplike waarde aan, en volg beide ‘n gemeenskaplike benadering tot, prosedurele billikheid. Terselfdertyd, en in die afwesigheid van onnodige positiefregtelike kompleksiteit, blyk daar op beide ‘n normatiewe en teoretiese vlak geen substantiewe verskil in status tussen die openbare diensverhouding en die privaat diensverhouding te wees nie. Dit word egter aanvaar dat daar wel werk- en sektor-spesifieke kontekstuele verskille bestaan. In die afwesigheid van substantiewe normatiewe konflik tussen die twee vertakkinge van die reg en in die afwesigheid van ‘n fundamentele (in vergelyking met kontekstuele) verskil tussen diensverhoudings in die openbare en privaatsektore, blyk daar geen rede te wees om die grondwetlike jurisprudensiële vereiste van hibriditeit, ook genoem die leerstuk van die interafhanklikheid van grondwetlike regte, te ignoreer nie. Die idee van normatiewe interafhanklike regte gee uitdrukking aan die Grondwet se visie van transformasie (via die idee van buigsame konsepsuele kontekstualisme) en erken dat menseregte soms oorvleuel. Dit beteken ook dat waar so ‘n oorvleueling bestaan, regte ïnterpreteer en toegepas moet word in ‘n wedersyds ondersteunende en samewerkende wyse wat voorsiening maak vir die volle beskerming en bevordering van daardie regte. Erkenning van die interafhanklike normatiewe raamwerk van grondwetlike regte hoort daartoe te lei dat die regsbank daardie norme (in die afwesigheid van regsgebaseerde konflik) as interpretasie-hulpmiddel gebruik om die spesifieke arbeidsreg met die algemene administratiefreg te versoen in die regulering van die openbare diensverhouding.

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15

Borg, Thomas. "The Relationship between EC-Law and Swedish Law regarding Competition and Labour Legislation." Thesis, Linköping University, Department of Management and Economics, 2001. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-901.

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According to § 2 of the swedish Competition Law it does not apply to agreements between employers and employees regarding salary and other working conditions. In the EC-treaty there is no such exception, but the European Court of Justice has established one. The purpose of this paper is to investigate if there are any differences between the two exceptions and, if so, how those differences effects the possibility to challenge swedish collective agreements from a competition law standpoint.

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16

Deakin, Simon Francis. "Contract, labour law and the developing employment relationship." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.291753.

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17

Douglas, Gillian. "The relationship between family law and social change." Thesis, Cardiff University, 2011. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.675676.

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18

Joyce, Daniel Anthony Walter. "International law and the media : a multifaceted relationship." Thesis, University of Cambridge, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.611103.

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19

Basic, Nando. "Rådgivande styrelse i ett svenskt privat aktiebolag." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-432060.

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20

Borgå, Helena. "Mind the Gaps : Why de facto protection of human rights on social media is so difficult and what could be done about it." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-439145.

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This thesis explores if and how states can regain control over large social media platforms like Facebook, and by doing so ensuring that individuals on those platforms can de facto enjoy their human rights, as enshrined in international treaties. Today, the platforms are crucial facilitators of human rights but at the same time facilitators of threats towards the enjoyment of the same rights. Behind this duality hides three gaps, namely between individuals’ de jure enshrined human rights and their de facto possibilities to enjoy them on social media, states extensive de jure obligations to ensure those rights on social media and their limited de facto possibilities to actually do so, and lastly between the platforms limited de jure responsibilities to respect human rights and their extensive de facto influence over human rights. The reason that these gaps have arisen is essentially that public international law – mainly its strict horizontal character and its definition of jurisdiction as something exclusively tied to a delimited physical territory – is inadequate to tackle the virtual, cross-border, and non-state activity that the platforms are pursuing. To find what could be done to lessen these gaps, this thesis turns to theories in analytical jurisprudence and public international law: the identity of systems, legal pluralism and international legal subjectivity. The first suggests that this issue cannot be solved due to different legal systems having different identities and thus cannot be bridged. The second also suggests that the issue cannot be solved not because of differing identities of systems but because the platforms should be regarded as autonomous legal systems, not subordinate to state law. Finally, the third alternative suggests an actual solution: making the platforms subject directly to international law and universal jurisdiction. Even though this is a legally sound solution it is, however, not as simple a solution as it might appear.

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21

Potesta', M. "THE RELATIONSHIP BETWEEN INTERNATIONAL INVESTMENT LAW AND STATES¿ MEASURES AND OBLIGATIONS IN INTERNATIONAL ENVIRONMENTAL LAW." Doctoral thesis, Università degli Studi di Milano, 2011. http://hdl.handle.net/2434/153108.

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The thesis discusses the interrelationship between international investment law and States' measures and obligations in international environmental law. It first analyses the level of integration of non-economic concerns – in particular environmental concerns – in investment treaties, with a view to understanding and classifying the different techniques that have been used to achieve such integration. It then reviews the relationship between investment and environmental concerns from the particular angle of “expropriation”. It further examines the relevant practice in the field of State contracts, with a view to understanding what their possible impact on the State’s freedom to adopt environmental measures may be. Finally, it discusses the possible role that procedural mechanisms can play for the advocacy of sustainable development issues within investor-State arbitrations.

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22

Chu, Mai-lee Christine, and 朱美莉. "The mother-in-law and daughter-in-law relationships during the transition to parenthood." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1992. http://hub.hku.hk/bib/B31976955.

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23

De, Waal Lisa. "Unearthing the relationship between disease and causation in South African gold mines." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25266.

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The purpose of this dissertation is to present an analysis of the relationship between the law of delict – specifically the element of factual causation – and the manner in which this element should apply to an assessment of the liability of gold mining companies in South Africa and their failure to protect mineworkers from exposure to silicosis, silico-tuberculosis and pulmonary tuberculosis. It is argued that the Constitutional Court's interpretation, and their ultimate application of the test for factual causation in Lee v Correctional Services 2013 (2) SA 144 (CC), in the form of the material increase of risk test, is precedent for the assessment of factual causation within the tuberculosis class in Nkala and Others v Harmony Gold Mining Co Ltd and Others 2016 (5) SA 240 (GJ). To underscore this argument, analogies are drawn between the powerful positions of gold mining companies and the State, and the vulnerable positions of mineworkers and prisoners in South Africa, as well as the Constitutional obligations owed by the State and gold mining companies towards prisoners and mineworkers, respectively. Furthermore, reasons why the material contribution test should apply to the silicosis class are discussed. This dissertation also outlines the statutory and common law duties owed by mining companies to underground mineworkers, for establishing these requirements is a requirement of the material increase of risk and material contribution tests. It is noted that the trial court in the Nkala class action suit should apply the aforementioned tests for factual causation to the two classes, failing which would be an injustice to legal precedent, and would be unfair and unreasonable.

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24

Jackson, Terra, Francesca Adler-Baeder, and Leah Burke. "Examining Results Across Time in Relationship Education with Incarcerated Adults." Digital Commons @ East Tennessee State University, 2020. https://dc.etsu.edu/secfr-conf/2020/schedule/64.

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After release, 5 in 6 prisoners are rearrested within 9 years. A growing emphasis is on the importance of healthy family relationships in reducing recidivism and only a handful of studies have provided information on relationship education (RE) for incarcerated individuals. This study adds to this emerging effort and examines the pre/posttest results of a RE program, using a sample of 727 incarcerated adults. We find significant improvements in individual well-being (anxiety and depression) and couple functioning. Further, we find greater change in the individual domain for those in a relationship compared to those who were not.

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25

Ruggles, Christopher V. "The authority of the local bishop in relationship to his seminarians." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.

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26

Handschumacher, Konstantin. "In the light of the Crimean Crisis will International law have to accept that it is to the advantage of the citizens of Crimea that, in this case, the law of state succession applies De Facto in preference to that of occupied territory law?" Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20866.

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Анотація:

The Crimea Crisis didn't just influenced the political world, it also challenged the international law system. It is one of the major crisis after the Cold War where the relationship between western states and Russia were at a point of collapsing. After the fled of the former Russian president, the "Little Green Man" entered Crimea and took over the control over the territory. In the beginning Russia denied any connection to this rebel group, but according to the effecting control test, their action can be attributed to Russia. Therefore Russia used illegally force in Crimea. After holding a referendum, which didn't met the international standards, Crimea singed a treaty, which lead to the incorporation into the Russian Federation. Because of the link to the illegal use of force these actions violated international law. Crimea is therefore occupied territory and the law of occupation applies to the area. But because Russia considers the territory as part of the Russian Federation, it considers the law of state succession as the applicable law. When we compare the two legal systems in regards to the rights and citizenship, it can be concluded that none of the two legal systems are more beneficent for the inhabitants than the other. As a consequence one can hypothetical ask if there are legal arguments in international law, which can be put forward to underpin the assumption that for the benefit of the inhabitants the de jure legal system has to evade in favor for the de facto system. There are several possible legal arguments, but none of them is in the position to underpin the raised question. Even there are no legal arguments the current discussion in international has the possibility to strengthen the law of occupation.

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27

Weatherston, Alex. "Fiduciary duty in the relationship of aboriginal peoples and the Canadian military." Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/6949.

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This thesis is a legal analysis of the fiduciary duty in the relationship between the Crown and Aboriginal Peoples in Canada as it specifically applies to the exercise of power by the Federal Government for national defence under section 91(7) of the Constitution Act, 1867, the federal power of "Militia, Military and Naval Service, and Defence," and under the royal prerogative. Aboriginal and treaty rights may be infringed by defence activities conducted by the Canadian Forces and by foreign military allies training in Canada. Defence activities usually occur in non-residential areas in Canada and it is these areas that Aboriginal and treaty rights are often exercised by the holders of these rights. In applying the justification test developed in Sparrow to the infringement by defence activities of Aboriginal and treaty rights that are now "recognized and affirmed" in subsection 35(1), I submit in the thesis that different legal interests need to be considered in assessing the justification of such activities. An assessment of justification would be made to ensure that the honour of the Crown was upheld and that any necessary infringement was minimized in resolving the conflict of interest. This assessment would be based on a full examination of the conduct of the Crown and of defence officials in the planning and implementation of any defence activity with real or potential impact on section 35 rights. Such an examination would involve considerations such as planning and identification of Aboriginal and treaty rights potentially affected in defence areas; alternative defence activities considered; consultation with Aboriginal Peoples; disclosure of information to Aboriginal Peoples concerning planned defence activities; the record of consideration by defence officials of information provided by affected Aboriginal Peoples; the adequacy of compensation for affected or extinguished rights; completion of other statutory reviews; and proportionality of degree or seriousness of infringement and effort to minimize. (Abstract shortened by UMI.)

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28

Webster, Peter. "The relationship of tenant and successor landlord in Scots law." Thesis, University of Edinburgh, 2009. http://hdl.handle.net/1842/27040.

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This thesis provides the first detailed study of the relationship in Scots law between a tenant and a singular successor of the landlord. It considers both the rules which apply to short (unregistered) leases and those which apply to long (registered) leases. The primary aim is to set out and analyse current Scots law. Where relevant reference is made to the rules of other legal systems, such as English, German and South African law. The first part considers the prevalent view that singular successors are affected only by terms which appear in a document of lease. The potential for successor landlords to be affected by variations to the initial lease, side-letters and unimplemented terms of missives is considered. The second part considers the rules for determining whether particular conditions of a lease are ‘personal’ (in the sense of binding only the original landlord) or ‘real’ (in the sense of binding the landlord’s successors). This distinction is based on the content of the relevant condition. The thesis locates the distinction in property and contract law doctrine and reveals it to be a mandatory one, which parties to a lease cannot circumvent by intention. It considers the accepted test for distinguishing the real and personal conditions (the ‘inter naturalia’ test) and identifies problems with it. A revised test is proposed and then applied, in the following chapters, to particular types of lease term. Terms which are analysed include break options, renewal options, options to purchase, terms permitting the retention of rent, and terms relating to land other than the subjects of the lease. The final part considers whether the fact that the successor acquired gratuitously or with knowledge of the terms of the lease results in his being bound by terms which would otherwise by personal. That is to say, it considers the ‘offside goals’ rule.

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29

Maranan, Joven G. "Countdown to martial law| The U.S.-Philippine relationship, 1969-1972." Thesis, University of Massachusetts Boston, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10160224.

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Between 1969 and 1972, the Philippines experienced significant political unrest after Philippine President Ferdinand Marcos’ successful reelection campaign. Around the same time, American President Richard Nixon formulated a foreign policy approach that expected its allies to be responsible for their own self-defense. This would be known as the Nixon Doctrine. This approach resulted in Marcos’ declaration of martial law in September 1972, which American officials silently supported. American officials during this time also noted Marcos’ serving of American business and military interests. Existing literature differed on the extent Marcos served what he thought were American interests. Stanley Karnow’s In Our Image noted that Marcos did not adequately serve American interests, noting that he sent an insignificant amount of soldiers to Vietnam. Karnow also did not mention business interests. Raymond Bonner’s Waltzing with a Dictator mentioned that Marcos was effective for serving American business and military interests. James Hamilton-Paterson’s America’s Boy agrees with Bonner’s assessment, also noting that Marcos served American business and military interests. Materials from the Digital National Security Archive (DNSA) and Foreign Relations of the United States (FRUS) series affirmed Bonner and Hamilton-Paterson’s position, while noting that Karnow’s work was outdated because of the limited information he had when In Our Image was published. There are three issues that concerned the U.S.-Philippine relationship under President Marcos during this time. The first issue was the societal and political unrest that threatened to undermine Marcos. The second issue concerned U.S. officials’ application of the Nixon Doctrine to the Philippines. The third regarded President Marcos’ serving of military and business interests in the Philippines. Marcos supported maintaining America’s Filipino bases, which were important hubs of American military operations during the Vietnam War. In addition to military interests, President Marcos also aided American businesses in the Philippines, by removing restrictions that threatened American business activity. Each of these concerns led to President Marcos’ declaration of martial law. American officials’ tacit support for Marcos reflected their commitment to the Nixon Doctrine, which ensured political stability that preserved American business and military interests.

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30

Warner, William. "The Relationship Between Law Enforcement Agency Size and Police Stress." ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/5955.

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Researchers have found that law enforcement officers often experience stress. The purpose of this quantitative study was to determine if the size of the law enforcement agency (small, medium, or large) had any significant influence on how police officers perceive stress in their profession from a cognitive appraisal perspective with regards to Administrative/Organizational Pressure, Physical/Psychological Threats, and Lack of Support. Members of law enforcement (N = 144) from Utah and New York were surveyed utilizing Spielberger et al.'s Police Stress Survey. Archival data were provided by the National Police Suicide Foundation. Stress index scores were calculated manually for each survey completed, and then 3 separate ANOVAs were conducted to test the hypothesis. The results showed that officers from medium-sized departments perceive greater amounts of stress than those in large or small departments in the area of administrative/organizational pressure, while officers from large police departments perceived greater amounts of stress than their counterparts in small and medium-sized agencies in the areas of physical/psychological threats and lack of support. This study has implications for positive social change: understanding the stressors that police officer's face each day can help forensic psychologists understand the methods necessary to repair the strained relationship between the community and members of law enforcement; understanding the stressors can also open a pathway for researchers to begin the process of developing more a productive dialogue between police officers, their departmental leaders, and the communities they protect, which should begin during the early phases of academy training.

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31

Kus, Elizabeth A. "The Relationship Between Sex Offender Legislation and Psychosocial Factors." Thesis, The Chicago School of Professional Psychology, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3637159.

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Sex offender legislation is designed to make communities feel safer, with little or no empirical data utilized in the law's creation. The existing research indicates that rates of rapes have decreased since major sex offender legislation was developed and implemented. However, the research has also demonstrated that no significant effect occurred regarding recidivism rates following the passage of sex offender legislation.

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32

Li, Ping-Kuen Eric. "The relationship of the Christian to the law as expressed in Romans 10:4." Theological Research Exchange Network (TREN), 1991. http://www.tren.com.

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33

Oya, Kazuo. "The relationship between competition law and telecommunications regulation : a comparative assessment." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80945.

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This thesis seeks to contribute to solving the debate about the framework of rules and institutions applicable to public utility sectors, by adopting both economic theories, such as natural monopoly, network effects, and public goods, and practical analysis of the telecommunications sectors for both Australia and the United States. Governments must reevaluate the framework regulating public utility sectors whenever rapid technological advancements occur. This thesis argues that the antitrust authority better enforces competition rules, and that the sector-specific authority better enforces technical and universal service rules. The justification of the special competition rule concerning bottleneck facilities access should be limited. As for the universal service scheme, the enforcer should ensure competitive neutrality and adopt pro-competitive instruments. This framework would allow for a more market-oriented and economy-wide regulatory administration, as well as enforcement of the universal service scheme based on a more accurate reflection of the fundamental values of citizens.

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34

Sögner, Leopold. "Okun's Law. Does the Austrian unemployment-GDP relationship exhibit structural breaks?" SFB Adaptive Information Systems and Modelling in Economics and Management Science, WU Vienna University of Economics and Business, 2000. http://epub.wu.ac.at/1446/1/document.pdf.

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Okun's Law postulates an inverse relationship between movements of the unemployment rate and the real gross domestic product (GDP). Empirical estimates for US data indicate that a two to three percent GDP growth rate above the natural or average GDP growth rate causes unemployment to decrease by one percentage point and vice versa. In this investigation we check whether this postulated relationship exhibits structural breaks by means of Markov-Chain Monte Carlo methods. We estimate a regression model, where the parameters are allowed to switch between different states and the switching process is Markov. As a by-product we derive an estimate of the current state within the periods considered. Using quarterly Austrian data on unemployment and real GDP from 1977 to 1995 we infer only one state, i.e. there are no structural breaks. The estimated parameters demand for an excess GDP growth rate of 4.16% to decrease unemployment by one percentage point. Since only one state is inferred, we conclude that the Austrian economy exhibits a stable relationship between unemployment and GDP growth. (author's abstract)
Series: Working Papers SFB "Adaptive Information Systems and Modelling in Economics and Management Science"

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35

Fernando, G. Charles Anthony. "The relationship between law and love in the Gospel of John." Thesis, University of Ottawa (Canada), 2001. http://hdl.handle.net/10393/9412.

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Law and love are two of the very important themes of the Fourth Gospel. Surprisingly, there have been only a few works on the theme of love and still fewer on the theme of law. In fact, there are only two monographs on the concept of law in the Fourth Gospel: an English one, Law in the Fourth Gospel, by Severino Pancaro and the other, a German one, Umstrittener Zeuge, by Markku Kotila. A survey of the works produced on the themes of law and love in the Fourth Gospel is presented in the Introduction. However, there has not been so far a single work which deals with the relationship between these two themes in the Fourth Gospel. Therefore, the present thesis is a new venture in the on-going johannine research. This thesis intends to demonstrate that the relationship between the concepts of law and love in the Fourth Gospel is an inalienable feature in the structure of the whole Gospel. The relationship between law and love is interwoven in the content and message of the Fourth Gospel. It is not just a coincidence that the theme of law, and even the occurrences of the term itself, find a place of predominance in the first part of the Gospel (chapters 1--12). In the same way, the theme of love and the frequency of the term itself gain utmost importance in the latter part of the Gospel (chapters 13--21). The relationship between the concepts of law and love belongs to the very core of the message of the Fourth Gospel. This thesis consists of two parts. Part One, comprising of three chapters (chapters one, two and three), deals with the law in the Fourth Gospel and the two chapters (four and five) of Part Two treat the theme of love. The Conclusion presents the Relationship between law and love in the Fourth Gospel. All three chapters of Part One demonstrate beyond doubt that the reality of the law in the Fourth Gospel is only positive and it has the function of leading the people to Jesus, who fulfills the relationship of love, commenced by God in the Old Testament through the mediation of Moses. A deeper look into johannine Christology presents us with the interesting insight that Jesus is not the one who fulfills the law, rather, it is the law which finds its fulfillment in Jesus. The law is only subservient to Jesus, the one in whom the revelation of God finds its fullness. (Abstract shortened by UMI.)

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36

Burkhardt, Alan Thomas. "The relationship between law and morality in the question of abortion." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.

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37

Preston, Jim. "The relationship of law and grace in Romans 6 and 7." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p030-0171.

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38

Chopko, Brian A. "The Relationship Between Mindfulness and Posttraumatic Growth in Law Enforcement Officers." University of Akron / OhioLINK, 2007. http://rave.ohiolink.edu/etdc/view?acc_num=akron1191245686.

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39

West, Euan. "The nature of rights of relief arising from a cautionary relationship." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=239875.

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Анотація:

In Scots law, a creditor may enlist the aid of a third party known as a 'cautioner', who agrees to pay the creditor if the principal debtor defaults. Should the creditor see fit to sue the cautioner, the latter may seek compensation from the principal debtor for the whole amount paid or, if there are other cautioners, a pro rata contribution from the ones who did not pay. While these so-called rights of 'relief' are well established in Scottish case law, there is increasing controversy as to their nature. The present thesis engages with this problem headon, identifying the rationales for a cautioner's various rights of relief and examining how those rationales shape the content of the cautioner's claim in each case. By considering relief within the restricted confines of a cautionary relationship, the thesis aims to demystify a subject that is often complex and diffuse. It also seeks to establish the subject as a free-standing entity, independent of the historical and substantive inter-mixtures through which it has often been conceived in Scots law. After placing the cautioner's rights of relief into their private-law context (Chapters One to Five), the thesis examines each of these rights in detail. Chapter Six considers the basis of a cautioner's right to 'pro rata relief', and Chapter Seven discusses the content of that right, with particular reference to cases where there are three or more cautioners. Chapter Eight builds on the analysis in Chapter Six by determining on what basis a cautioner may claim 'total relief' from the principal debtor. Finally, Chapter Nine examines a cautioner's right to seek relief before paying anything to the creditor.

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40

Li, Yongjian (James), Ning (Cindy) Yu, and Xiaofang (Emily) Ding. "A Study on the Relationship between Institutions and Economic Growth." Thesis, Kristianstad University College, Department of Business Administration, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3421.

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Ningbo Hi-Tech Park is a special zone in Ningbo City of China. It has seen great economic growth after its establishment. The reasons behind the astonishing economic growth have seldom been investigated. Especially, no research has been done to explain the specific economic phenomena in the NHTP from the perspective of institutions. We aim to have more knowledge about the relationship between institutions and economic growth. Further the result of the dissertation will be presented to the NHTP administrative committee as well as some suggestions to improve economic management.

Four theories that are the theory of institutional change, the theory of state, the theory of property rights and transaction costs theory are used to explain the establishment of the NHTP with new institutions and how these new institutions motivate investment. The Solow Growth Model and Porter’s Diamond Model were shortly introduced in order to give a picture of the relationship between institutions, investment and economic growth.

The research results indicated that all the institutional changes in the NHTP are important to attract investment. The five most important institutions can be grouped into two categories. They are the visible profits including “the favorable tax policies and subsidies from the local government” on one hand, the efficiency of government including “the stability of regulations and policy, the simplified administrative procedure and the high quality service of servant” on the other hand. The favourable tax policies head the list of the five institutions. There are no significant differences among companies in different industries, different sizes and different types

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41

Löpmann, Sandra, and Anita Mühlenkamp. "SWEETS FOR LIFE - RELATIONSHIP MARKETING TO CHILDRENIN THE SWEETS INDUSTRY." Thesis, Kristianstad University College, Department of Business Administration, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-4478.

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Анотація:

Relationship marketing is widely discussed in the fields of industry goods and services. Also, the theme of marketing to children owns an important part within the existing literature in the marketing field. Nevertheless, there is a lack of literature for relationship marketing in consumer markets towards children. But especially in consumer markets there are certain products, which accompany consumer during their whole life. Brand preferences and loyalty towards certain products are not unusual among consumer and often evolve in early ages. Hence, it seems to be reasonable that companies try to attract children within their marketing activities in order to acquire and keep these children as customer. Since candies and chocolate are everyday products, which are consumed irrespective of age, especially the sweets industry presented an interesting sample for our research.

The purpose of this dissertation was to investigate in which way companies in the sweets industry use relationship marketing to children or perhaps do not use a certain approach at all. Our dissertation was based upon a qualitative method. We conducted semi-structured interviews with sweets companies and marketing agencies, which worked in the field of advertisements for sweets.

When companies want to reach children as consumer it is necessary to approach not only the child itself but also its influence groups. Moreover, companies need to consider that marketing towards children requires certain children-friendly tools and approaches. Amongst others present incentives an often used way to establish customer loyalty. Since children start to be early responsive to marketing activities, companies can benefit when they are approaching children as soon as they start to participate (actively or passively) in the buying process. Nevertheless, due to the low-involvement characteristics of sweets products the degree of binding seems to be lower than for products that require high investments. Therefore, the focus of sweets companies remain the establishment of awareness and attraction amongst children. However, since the discussions are increasing if marketing to children is ethical, the focus of companies seem to be shifting more and more away from the target group children, in order to avoid confrontation with the public discussion. This leaves doubt about the future perspectives of our research field.

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42

Stergiou, Vasiliki. "The complex relationship of concentrated ownership structures and corporate governance." Thesis, London School of Economics and Political Science (University of London), 2011. http://etheses.lse.ac.uk/464/.

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Concentrated ownership is perceived as an inefficient form of ownership because it allegedly increases the risk of minority expropriation, which is further exacerbated by the disproportionality of control and cash-flow rights of the controller. This thesis challenges the perception of concentration as a per se inefficient ownership structure. It argues that the 'inefficiency bias' is based on the oversimplified, incorrect assumption that concentration is characterised by the presence of one controlling shareholder and therefore disregards the variety of the forms of concentration. To substantiate this argument, this thesis categorises the forms of concentration based on the identity and number of the controllers and examines their impact on corporate governance. It is shown, that the distinct characteristics of the varieties of shareholders' profiles have an ambivalent impact on corporate governance: Families are strongly committed investors but also prone to extract private benefits of control; the state is inefficient in monitoring but can also be a driver of good corporate governance practices; multiple large shareholders improve internal contestability of control but shareholders' agreements can also be used for minority expropriation. In this context, the effectiveness of the legal framework to mitigate the arising corporate governance problems becomes the key factor which differentiates efficient from inefficient corporate ownership structures. The different corporate governance problems of concentration imply that adapted legal solutions and adequately flexible rules are the prerequisites of effective investor protection. Given the varieties of concentration, legal effectiveness and strong investor protection can therefore only be defined by reference to a given ownership structure. This thesis presents concrete examples of investor protection mechanisms which are adapted to the distinct characteristics of the varieties of concentration: In the case of family and state ownership, effective minority protection takes the form of special minority rights of board-representation; within multiple large blockholdings, shareholders' agreements limit the abuse of the governance rights of majority shareholders. Ultimately, the thesis deals with the implications of this complex interaction between ownership structures and corporate governance which compromise the reliability of indices as a metric of the quality of corporate governance, to the extent that the applied methodology fails to encompass the differences in shareholders' profiles and that a functional approach to the substantive legal analysis preceding the compilation of an index is not adopted.

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43

Bekou, Olympia. "International criminal justice at the interface : the relationship between international criminal courts and national legal orders." Thesis, University of Nottingham, 2005. http://eprints.nottingham.ac.uk/13411/.

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International criminal courts do not operate to the exclusion of national legal orders, but co-exist with them. The present thesis provides an in-depth analysis of the above relationship. By examining the concepts of primacy and complementarity on the basis of which the ad hoc international criminal Tribunals and the permanent International Criminal Court seize jurisdiction, the foundations of the interface are explored. As effectiveness is a key concept to international criminal justice, the relationship between international criminal courts and national legal systems is tested, by examining the co-operation regimes envisaged in the Statutes of both the Tribunals and the ICC, as well as the problems that arise in practice. Moreover, the way the UN Security Council affects State interplay with international criminal justice institutions is crucial for a holistic understanding of the limitations of the interaction. The final part of the thesis focuses on national incorporation efforts and provides a detailed analysis of implementing legislation of a number of key States with a view to discerning some common approaches and highlighting problem areas. The present thesis argues that despite the different constitutional bases of the Tribunals and the ICC, similar questions of interface with national courts arise and the challenges presented could be better tackled by aiming for a "functional or workable interaction". Overall, the originality of this thesis lies in its analytical approach. By scrutinising a number of crucial aspects of the relationship between international criminal courts and national legal orders an overview of the research question posed is achieved. Moreover, the examination of the legal principles and their practical application is complemented by a comprehensive discussion of national implementing legislation which has not previously been attempted in a similar manner. [Files associated with the accompanying CD-ROM (print version) are available on request to subject librarian.]

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44

Armstrong, Enid Carolyn. "The legal relationship between parent unions and their locals : a study of international unionism in Canada." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=56635.

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The legal relationship between trade unions and the subordinate units (locals, branches, regions etc) of which they are made up, has received little academic attention despite its importance in Canadian labour relations. Traditionally the link has been viewed as contractual, but the law of contract, developed in the context of individual rights, is ill-equipped to address the competing group interests which are at stake.
This paper is a study of "disaffiliation" or the severance of ties between the "parent" and the "local" union, an event which more than any other reveals the subordination inherent in the relationship and the way in which the law functions to preserve the status quo.

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45

Spadaro, Martin Corry. "An examination of the relationship between the priesthood and the law in Hebrews 7." Theological Research Exchange Network (TREN), 2006. http://dx.doi.org/10.2986/tren.048-0321.

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46

Johnson, Michael L. "Attribution and Attribution Error in Relationship to False Confessions." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/6909.

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False confessions are the most difficult type of confession to detect. Because the Reid interview and interrogation technique is the global gold standard for interviews, interrogations, and confessions, it is used to obtain confessions from suspects. However, the Reid method has been untested in regard to if it can detect false confessions to potentially eliminate wrongful convictions. The purpose of this qualitative study was to perform a content analysis of videos of confessions using several models that make up the Reid interview and interrogation technique. Utilizing attribution theory as a framework, these models were qualitatively assessed for their ability to detect false confessions in comparison with the legal casebook analysis and linguistic analysis. The key research questions addressed how interviewers attribute identification of false confessions through the assessment of the various models and the complete Reid interview and interrogation technique. An additional research question concerned how interviewers identify attribution error in false confessions through the assessment of the various models and the complete Reid interview and interrogation technique. Data were collected from 6 videos and subjected to content analysis, triangulated with discourse analysis and conversation analysis. The results of this study showed that the models applied to the confessions could distinguish between true and false confessions. A social change could occur if some or all of these models are applied to all interrogations to detect false confessions, which would provide law enforcement and the intelligence professions the tools to assess confessions in order to potentially stop wrongful convictions and intelligence failures in interviews and interrogations.

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47

Xu, Yuanzhong (Victor). "A Study on the Relationship between Public Relations and Brand Strategy." Thesis, Kristianstad University College, Department of Business Administration, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3428.

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Brand strategy is a useful way to strengthen competitive competence of products. However, the researches on how to implement a successful brand strategy using public relations were rarely found in the existing literature.

The main purpose with my dissertation is to investigate the relationship between public relations and brand strategy. In addition, I hope the dissertation can give some suggestions to Chinese companies when they want to implement a brand strategy using public relations.

A combination of interview and questionnaire was used to find research questions. My sample is a famous enterprise named Lenovo Group in China.

The research indicated that public relations is a useful tool to implement brand strategy. Public relations plays an important role in the five stages of executing a brand strategy.

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48

Ezejiofor, Obianuju Chioma. "Domestic courts and international investment arbitral tribunals : nurturing a profitable and symbiotic relationship." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8964.

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This thesis proposes that conscious and increased co-operation and coordination of the relationship between investment tribunals and domestic courts can greatly improve the efficacy of the international investment arbitration system, and further the rule of law. The extent of the power both forums wield, the level of influence both systems have on each other and the critical roles both systems play in the resolution of investment disputes warrant a systematic approach to cooperation and coordination. This study finds justification for this proposition by analyzing the policy implications of investment arbitration outcomes. It goes on to explore the relationship between domestic courts and investment tribunals by examining the roles they play and the areas of jurisdictional friction between the two systems. The core issues addressed include the jurisdiction and competence of international investment tribunals and domestic courts in the resolution of investment disputes; the support roles of domestic courts; anti-suit/anti-arbitration injunctions; pre-conditions to arbitration; the effects and implications of the review of investment tribunals’ decisions by domestic courts, and the review of the lawfulness of the conduct of domestic judicial systems by investment arbitration tribunals. In addressing these issues, the work examines the extent to which domestic courts and international arbitration tribunals should accord deference to each other with respect to their involvement in the resolution of investment disputes. Based on the analysis of the areas of intersection between the domestic and international investment dispute settlement systems, instances of ‘positive interactions’ are highlighted and encouraged. The study also proposes ways in which further cooperation and coordination can take place. In making these proposals, and acknowledging the differences that exist, this thesis considers the collaboration between other international adjudicatory bodies and domestic courts so as to distill lessons for the international investment arbitration system.

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49

Schulte, Richard Craig. "Groups of companies : the parent subsidiary relationship and creditors remedies." Thesis, Durham University, 1999. http://etheses.dur.ac.uk/1465/.

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50

Triano-López, Manuel. "The attitude-behavior relationship in the context of lexical purification." [Bloomington, Ind.] : Indiana University, 2005. http://wwwlib.umi.com/dissertations/fullcit/3177638.

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Thesis (Ph.D.)--Indiana University, Dept. of Spanish and Portuguese, 2005.
Title from PDF t.p. (viewed Dec. 8, 2008). Source: Dissertation Abstracts International, Volume: 66-05, Section: A, page: 1745. Director: Albert Valdman.

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Дисертації з теми "De facto relationship law"

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