Univ., Diss.--Montpellier, 2004. / Literaturverz. S. [805] - 971.

Originally presented as the author's Thesis (doctoral)--Stockholm University, 2003. / Added t.p. with thesis statement laid-in. Includes bibliographical references (p. [318]-354).

Problem This thesis attempts to determine if the Canadian federal and provincial governments are increasing their assertion of the public interest in the collective bargaining process. The primary concern is to determine to what extent the government, through its new labour legislation will be able to affect the quality of collective agreements. The quality of collective agreements can be affected directly through arbitration or can be affected indirectly by influencing the power positions of the negotiating parties. Method of Investigation The first problem which is tackled is the definition of the public interest. The public interest is a term now being used in labour legislation, for which a precise definition is not easily derived. A literature analysis is undertaken to develop a conceptual framework of the public interest. Since this is an investigation of the changing role of the government, it is necessary to establish the traditional role of the government in the collective bargaining process. This is accomplished by examining less recent government legislation as well as case studies of the applications of the U.S. Taft-Hartley Act. The public employees of Canada and the United States are treated as a special case. Recent legislative developments in both countries have resulted in federal public servants to become active in collective bargaining. These recent developments consist in Canada of the Public Service Staff Relations Act, and in the United States of the Executive Order 10899. The new developments in provincial labour legislation consist of B.C.’s Bill 33, Saskatchewan’s Essential Services Emergency Act, and Ontario's Rand Royal Commission Report. These two Acts and the Royal Commission Report are analyzed critically for their potential effect upon the collective bargaining process. Conclusions The literature analysis of the public interest reveals that there is no universally acceptable definition of the public interest. The public interest can only be meaningfully used within a situational framework. In other words, the concept is capable of definition only within a specific situation. Despite the fact that the concept is not likely ever to be universally defined, it will undoubtedly continue to be widely used. The policy of the Canadian federal and provincial governments regarding collective bargaining has traditionally been to assist the parties to come to an agreement. The role of the government has not been one of interference. It has consisted solely of facilitating agreements by postponing work stoppages and by providing mediators. Although the effectiveness of these measures can be questioned, the intent is quite clear. The recent provincial legislation seems to reinforce the proposition that the strike is an undesirable form of social conflict. It is felt to be undesirable in the sense that the legislation encourages the parties to collective negotiations to settle their dispute without resorting to work stoppages. At the same time, it recognizes that the threat of a work stoppage is part of the collective bargaining process. The new legislation formalizes the concept that there are certain kinds of collective bargaining relationships which are heavily endowed with the public interest. Whereas government activity in these kinds of disputes had occurred on an ad hoc basis in the past, the Rand Report, B.C.'s Bill 33, and the Saskatchewan legislation established mechanisms which will provide for the assertion of the public interest in extraordinary labour disputes. In some cases, and where the parties cannot come to an agreement without resorting to a work stoppage, the new legislation will provide an agency or mechanism through which the government can submit the dispute to compulsory arbitration. / Business, Sauder School of / Graduate

This dissertation examines the development of litigation and legal mobilization as constructive, participatory, strategic processes that have the potential to promote democratization and institution building in fragile democracies. Using Argentina and Bolivia as case studies, I show that the innovative use of strategic litigation and legal mobilization taking place in Latin America today holds significant promise for promoting social and institutional development in countries struggling with competing democratic and authoritarian impulses. A close examination of how local and regional permutations of strategic litigation play out at the intersection of law and politics in fragile democracies generates a more accurate, richer account of the relationship between law and democracy writ large, a relationship that has yet to be fully or properly theorized. / text

Thesis (Ph.D.)--Bowling Green State University, 2009. / Document formatted into pages; contains v, 216 p. Includes bibliographical references.

Habilitationsschrift--Münster, 1968. / Bibliography: p. [314]-321.

In recent years, patient-centredness has become a central focus in improving health care quality. In 2010, the Canadian Medical Association (CMA) launched a four-year action plan aimed at transforming Canada’s health care through a framework aimed at creating a culture of patient-centred care, accountability and responsibility. Several of Canada’s provincial governments proceeded to launch patient-centred action plans, including the Government of Ontario’s “Patients First” framework, which prioritizes patient engagement and increased transparency. As an example of how organizations are putting these values into practice, the College of Physicians and Surgeons of Ontario (CPSO)’s transparency initiative, which aims to make more physician-specific information available to the public in order to help patients make informed decisions about their health care, was examined. This thesis asks how physicians and members of the public feel that the transparency initiative aligns with the CPSO’s public interest mandate. Using discourse analysis, 226 responses by physicians, members of the public and organizations on a discussion forum in the Policy Consultations section of the CPSO’s website were analyzed in order to identify the main themes in arguments for or against increased transparency. The results show that physicians and members of the public tended to differ in their views on the purposes and probable outcomes of the CPSO’s transparency initiative. The majority of physicians worried about patients’ ability to accurately understand and utilize the information being provided to them, and the negative impact that this might have on individual physicians and on the physician-patient relationship more broadly. Most members of the public had a more positive outlook on the potential for transparency to build public trust, help patients become informed and engaged decision-makers and improve patient safety.

Scientific views on EMF radiation dosimetry and models increasingly suggest that even a tiny increase in the incidence of diseases resulting from exposure to EMF radiation could have broad¹ implications for public health, social accounting and the economy. In South Africa (SA) there is no national EMF radiation exposure protection standard, statutory monitoring or regulations. Multinational High Court deliberations indicate the need for public interest EMF radiation exposure protection standards in South Africa. Domestic citizens, academics, as well as regulatory and legislative practitioners, are unable to effectively monitor and investigate EMF radiation exposure emissions from infrastructure sources, because industries refuse to provide the required data. Industries have, since 2003, continually obstructed access to the data and the establishment of a national EMF radiation standard, citing that it would be in conflict with their strategic economic interests. The demonstration of a public interest override (PIO) function is legislatively required to gain access to the required data. This study constructed (1) a framework and (2) a model to perform test simulations against the (3) PIO criteria to demonstrate a PIO function and tested one PIO simulation scenario. Testing the PIO scenario firstly required the construction of a public interest framework, drawing input from multiple disciplines. The framework literature review used systematic case law and scientific-technical analysis whilst the framework science sought to understand the connections, feedbacks, and trajectories that occur as a result of natural and human system processes and exchanges. The EMF radiation exposure system functions to support human wellbeing needs and to explore the benefits and losses associated with alternative futures with the goal to uncover the current and future limits thereof. In the second instance a HYGEIA² model was selected as a base investigation and forecast simulation tool. The study had to uncover the key attributes and parameters necessary to construct and to run successful EMF radiation exposure simulations. Thereafter the HYGEIA model was modified to specifically identify and evaluate EMF radiation exposure hazard conditions. Through subsequent simulation runs, the constructed framework was then tested. Requested anthroposphere information was synthesized within a systems model to forecast ecosystem services and human-use dynamics under alternative scenarios. The simulation used the model, the model references and the framework for guidelines, thus allowing multiple simulation / demonstration runs for different contexts or scenarios. The third step was the construction of a PIO checklist which guides criteria testing and provides a means of gaining pertinent information for further studies, based on this dissertation. Framework EMF radiation policy inputs into the model were intersected with identified vulnerable area facilities which were selected based on international criteria. The research output revealed potential EMF radiation violations which served as system feedback inputs in support of a demonstrated PIO function. The research recommends that the identified EMF radiation exposure violations of public health undergo a Promotion of Access to Information Act (PAIA) judicial review process to confirm the research findings. The judicial qualification of a PAIA PIO function of ‘substances released into the environment’ and ‘public safety or environmental risk’ would enable access to EMF radiation emissions data essential to future studies.

This thesis will consider how the multidimensional public interest concept at once informs development of Chinese copyright law and also limits it. Since 1990 China has awarded copyright - individual rights - but also provides for public, non-criminal enforcement. Bowing to pressures of development, globalisation and participation in a world economy, the public interest is leaving copyright. But at the same time, as a socialist country, placing the common ahead of the individual interest, the public interest also constitutes a phenomenological tool with which to limit copyright. The tensions are further exacerbated by the rise of the Internet, which has had major social and economic impact on China, and also raise problems for Chinese copyright law, of which selected aspects will be discussed in comparison with those in the United Kingdom and the United States. The thesis consists of an introduction and a conclusion, together with six chapters: a historical background of legal culture and the rise of the Internet in China; an examination on copyright law and the different aspects of the public interest; discussions on the Chinese system of copyright protection with a focus on the administrative copyright enforcement, and topical copyright issues arising within education, library and archives sectors on the ground of the multidimensional public interest.

In the Czech Republic, the same way as it is in other democratic countries, the ownership right is recognized to be one of the fundamental human rights, and it is protected by legislation of a supreme legal force. Along with modern society development and for this reason it becomes more and more restricted. It is a long time ago, when the unlimited legal domain like theory of ownership rights in rem was forsaken. The restrictions are more numerous and intensive in case of land being subject to ownership rights. This results from many differences between land and other subjects of ownership. Limited and definitive land area, the fact that land is not relocatable as well as soil, being one of environmental elements, represent the most important ones. In one line with increasing amount of people on Earth and their increasing requirements on its usage, the land must fill constantly increasing needs for the welfare of increasing amount of people at the same time. The necessity of protection of environmental aspect of land and soil respectively, is still growing. For all those reasons, the restrictions and regulations on land ownership rights are to be put in place. When justified by public interest, the restrictions arise from public law legislation. Key words: land ownership, restriction, public interest