The thesis examines the formation and development of post-World War II international collaboration in the economic regulation of the commercial aspects (i.e., market entry; market shares and prices) of civil aviation. Specifically, it studies the formation and operation of one type of international regime: a cartel. The thesis seeks to answer two questions: why do states cooperate to support an international cartel? And why do states cease to support a cartel? The study proposes three reasons why states will support a cartel: (1) to promote consumer welfare and the growth of the industry; (2) to ensure the development and protection of their national carriers; and (3) in response to hegemonic activity. It then considers why states cease to participate in the cartel arrangements. This occurs: if states no longer believe that the cartel is promoting consumer welfare and industrial growth; if they conclude that their industry no longer benefits from cartel protection; or if the hegemon is unable or unwilling, or both, to support the regime. All three give valuable insights. Nevertheless, the author proposes that it is possible to establish a hierarchy of usefulness according to the depth and scope of understanding offered by each explanation. It is argued that hegemonic stability theory provides the most useful insights. / Arts, Faculty of / Political Science, Department of / Graduate

In investigating the integration of the Canadian and American economies after World War II, most writers have focused on the influence of the American multinational corporations and on the activities of the American government. Little attention has been paid to the important role of the Canadian government in furthering this process and to the significance of trade and trade policy. This thesis examines the evolution of Canadian trade policy between 1945 and 1953. The main sources for this study are the private papers of government ministers and the files of Canadian government departments. Since there have been no major studies of the development of trade policy in this period, a chronological structure has been employed for the analysis. Post-war Canadian trade policy can be divided into two periods. During the first period, 1945 to 1947, the government attempted to re-establish the pre-war pattern of multilateral trade. The means employed to attain this goal —the introduction of a free market system in international trade—represented a significant departure from traditional Canadian trade policy. The traditional policy is outlined in chapter one, and in chapter two the economic, political, and ideological factors underlying the new policy are examined. However, the foreign exchange crisis of 1947, examined in chapter three, produced a rapid retreat from the policy of multilateralism based on free-market trading. The government, seeking a solid base for Canadian trade to promote economic development, turned to a system of bilateral, regulated trade with the United States. Continental economic integration became a key element of trade policy. The development of this policy and the crucial ties between trade policy and defence are explored in the final chapter. / Arts, Faculty of / History, Department of / Graduate

On 1 July 1941 Mr Greenhalgh issued a writ against his co-shareholders in the Arderne Cinema Company, and thus began a series of cases which ended with a Court of Appeal Judgment handed down on,10 November 1950. During the almost ten-year period of the litigation, seven actions were brought by Mr Greenhalgh, five of which were taken on appeal. Mason1 writing in the Australian Law Journal said of the litigation "It thus represents something of an epic of litigious heroism· while Professor Sealy2 in a note in the Cambridge Law Journal dealing with the Clemens case3 in referring to a seemingly wide choice of remedies .... available to a minority through the courts ... remarks that many of them have a sorry history as the ghost of Mr Zuccani ...., Mr Sidebottom ...., Mr Greenhalgh .... and the many other unsuccessful litigants who haunt the pages of the textbooks could plainly testify." The first two references are to Allen v Gold Reefs of West Africa [1900] 1 Ch.656 and Shuttleworth v Cox Bros. & Co. (Maidenhead) [1927] 2 K.B. 9, of which more later and the third, of course, to Mr Greenhalgh of the Arderne Cinema company. D D Prentice4 In a Law Quarterly Review article entitled 'Restraints on the Exercise of Majority Shareholder Power' begins with the words: "The plight of Mr Greenhalgh is known to all students of company law and his fate has been held up as a salutary warning to all minority shareholders who have the temerity to do battle with the big battalions." Gower in Principles of Modern Company Law 4 ed (1979), referring to the last appeal, says "This last case, however, was merely the culmination of a long battle in the courts which is such an admirable illustration of the vulnerability of a minority shareholder that it is worthwhile summarising the whole story.

This document has been prepared in two parts. The first part deals with some basic aspects of valuations and the major aspects of taxation which should be borne in mind by a valuer. The second part, which commences on page 102, is a compendium of brief comment on tax matters and tax cases which may be of interest to a valuer. The document is based on research carried out in relation to: The Income Tax Act No. 58 of 1962, as amended, inclusive of the 1989 Amending Act; The Sales Tax Act No. 103 of 1978, as amended; and The Estate Duty Act No. 45 of 1955, as amended. Due to subsequent amendments to the legislation certain aspects of taxation dealt with in this document may no longer apply, but there has been comment and expectations in many instances that some of the changes are likely to be reintroduced. I have accordingly included my findings from the research carried out as this could be helpful in the event of a reintroduction of the affected legislation. Since preparing this document, The Sales Tax Act is no longer of force or effect and has been replaced with The Value Added Tax Act of 1991. There are many aspects of this new legislation which also require the consideration and attention of a valuer. I have not dealt with these aspects in detail in this document.

0 / SPK / specialcollections@tulane.edu

The Consumer Protection Act 68 ('the CPA') came into effect on 31 March 2011. In broad terms, the purpose of the CPA is to promote the social and economic welfare of consumers. Specific reference is made to reducing disadvantages suffered by vulnerable consumers. The question posed in this thesis is whether the scope of the application of the CPA in relation to transactions for goods is consistent with the purpose of the Act, but also how it compares to the approaches taken in the European Union, United Kingdom and Australia. It is argued that the application provisions are not always fair, rational, clear, efficient and consistent with reasonable expectations. The following issues relating to the application of the Act are addressed: the approach to the protection of small juristic persons, the omission of a exclusion based on the purposes for which the transaction is concluded, the onus of proof, the exclusion of transactions outside the ordinary course of business, the definition of 'supplier', whether transactions should be 'for consideration' in order for the consumer to qualify for protection, whether the whole supply chain should be liable and whether all goods should fall within the scope of the Act. Recommendations on these issues are made in light of rationales for consumer protection legislation, proposed criteria for evaluating such legislation (namely whether the legislation is fair, rational, clear, efficient and consistent with reasonable expectations) and comparative research. Suggested amendments to the wording of relevant sections in the Act are made in the final chapter.

Contemporary commercial music is a broad label used to describe the styles of popular music including pop, rock, rhythm and blues, jazz, hip-hop, country and heavy metal. the vocal ability required for each of these genres varies greatly but may require the use of screaming, belting, utilizing vocal fry and growling or singing with a breathy or dark tone. Singers who wish to perform in these genres may need assistance with vocal technique to assure the longevity and the quality of their singing. Due to the rise in popularity and the accessibility of contemporary commercial music (CCM), commercial pedagogical guides and self-study manuals are abundantly available for purchase. Aspiring singers are searching for appropriate training for this genre without having an awareness of how the voice works and how to maintain good vocal hygiene. Those who seek out private instruction are often frustrated when traditional classical training techniques are offered, rather than techniques utilizing CCM styles. Because CCM pedagogy is relatively new and few pedagogues in this specialized field are well known, the self-taught singer is responsible for finding a reliable study source. Many vocal instructors and choral directors are interested in familiarizing themselves with new stylistic techniques to enhance the performance of their students while maintaining vocal health. By reviewing popular vocal method books and techniques, insight may be given to assist a singer or vocal teacher in selecting resources of CCM styles.

Includes bibliographical references / Corporate law developments concerning the empowerment of non-shareholder constituencies in Anglo-American jurisdictions of the United States of America and the United Kingdom since the 1980s have been of very limited utility. Available literature and legal authorities in both those jurisdictions clearly illustrate the obsession of policy makers and the judiciary with normative statements of directorial responsibilities to non-shareholder constituencies without introducing the necessary and complimentary right of action for those constituencies. The reluctance to introduce such right of action appears to be motivated by the exaggerated fear of the potential for 'floodgates' of litigation. This reluctance to extend corporate law remedies to non-shareholder constituencies, particularly in public companies, clearly overlooks the importance of the supervision of the use of corporate power to minimize or eradicate directorial self-serving misconduct, rather than the exclusive protection of shareholders, as the primary purpose of corporate law remedies. The introduction of an extended corporate legal enforcement framework under the South African Companies Act of 2008 may be indicative of the feasibility of the right of action for non-shareholder constituencies. Since the applicable enforcement regime in corporate law is a function of the applicable normative theory, a broadly inclusive corporate legal enforcement framework cannot be based on the conventional shareholder-oriented theories of 'Shareholder Primacy Norm and 'the Enlightened Shareholder Value Approach.' It is, therefore, argued that the South African Companies Act, 2008, introduces the Actionable Enlightened Shareholder Value Approach which invariably necessitates, among other things, the extended meaning of 'the best interests of the company' as provided for under s 76(3)(b) of the Act. The Actionable Enlightened Shareholder Value Approach recognises that the primary purpose of corporate law remedies is not the exclusive protection of shareholders, but the supervision of the use of corporate power to minimize or prohibit directorial self-serving misconduct, which purpose benefits a broad range of corporate constituencies. That is why the legal enforcement framework under the South African Companies Act facilitates the empowerment of corporate constituencies beyond just shareholders; ensures the availability of broad range of remedies; gives the opportunity for corporate constituencies to apply for remedies in the public interest, with leave of the court; recognises that the protection of the company's legal interests can be undertaken by a broad range of corporate constituencies and, also generally, with leave of the court; and facilitates the ability to hold any person liable for loss or damage suffered as a result of the contravention of any provision of the Act by that person.

This paper focuses on the common practice in commercial agreements of including exclusivity clauses in shopping centre lease agreements between a supermarket anchor tenant and the landlord of a shopping centre. It is the contention of this paper that such clause s are anticompetitive when considered specifically in light of section 5(1) of the South African Competition Act. In reaching this conclusion, relevant sect ions of the Act will be interpreted and analysed in the pertinent context, as will relevant case law and comparable foreign jurisprudence. The findings of South Africa's Competition Commission in 2013 with regard to the competitive nature of exclusivity clauses in the context of section 5(1), and the basis for their findings will be scrutinised. A conclusion , warranted and supported by the inferences drawn from an analysis of the aforementioned sources (legislation, case law and foreign jurisprudence), will be reached accordingly in support of a stance of resistance against exclusivity clauses in shopping centre leases between landlord and supermarkets . An argument in favour of a blanket prohibition of exclusivity clauses in shopping centre leases due to their anticompetitive nature that outweighs their efficiencies and justifications according to section 5(1) of the Act, is the predominant direction of this paper.

Includes bibliographical references / A principal goal of competition law is to promote fair distribution of wealth. Fair distribution of wealth is entrusted to competitive markets since they reward efficiency, innovation, spread wealth and decentralise economic power. While competition reflects the business conduct of enterprises, it cannot disassociate from the legal and regulatory framework, barriers to entry and prevailing conditions in markets for labour, infrastructure services and other production inputs. Redistribution of wealth acknowledges competition law as a tool that can be utilised to protect those at the lower end of income distribution by reducing prices allowing a larger basket of goods and services to be purchased. Competition law is a tool that preserves market competition to provide an environment that encourages responsive business, efficiency and serves the interests of consumers. In developing countries, competition law and policy receive particular emphasis as being crucial and key in the economic and structural reform and addressing concerns of distribution and power. Competition law in Kenya cannot ignore the wider industrial policy or socio-economic considerations in Kenya. These social and political goals of competition law are important in developing countries with poverty, great income inequality. There is need to choose a means of addressing the equitable allocation of resources that will produce the least amount of inefficiency and competition law is the right tool to achieve this. Kenya is a factor-driven economy where the level of productivity is determined by labour, institutions, infrastructure and the macro-economic environment. Enacting the Competition Act in Kenya was a response to economic and political reform to improve the welfare, well-being and economy in Kenya. Merger analysis in Kenya would require weighing gains and losses in efficiency in order to establish whether the merger will benefit other recipients other than market participants such as consumers and producers. South Africa has well established interpretation and implementation addressing the trade-off between public interest provisions and efficiency. Interpretation of the merger laws in South Africa illustrate engaging an exercise of proportionality required to determine how to balance the competing arguments between efficiency, welfare standards and public interest.