Traditionnellement, le droit des entreprises en difficulté recourt à l’autorité judiciaire pour la mise en oeuvre de ses dispositions et la réalisation de ses finalités. Toutefois, considérant l’évolution de ce droit, le traitement « tout judiciaire » des difficultés des entreprises est remis en cause. En effet, il ne s’agit plus seulement de sanctionner, mais davantage de prévenir les difficultés et de sauvegarder les entreprises, ce qui dénature l’office juridictionnel. De plus, les commerçants ne sont plus les seuls concernés par ce droit, ce qui aboutit à l’éclatement de la compétence juridictionnelle. Il y aurait lieu d’envisager d’autres modes de traitement. Prenant en compte l’existence d’un traitement administratif, connu du surendettement, mais, aussi, des entreprises, et favorisant le règlement alternatif des difficultés, une autre voie peut être proposée pour la prise en charge de l’impossibilité économique d’exécuter. La légitimité du juge, dont les interventions seraient recentrées et la compétence spécialisée, en ressortirait renforcée pour le traitement des entreprises en difficulté. / Traditionally, insolvency law appeals to the judicial authority to apply its provisions and to carry out its aims. However, regarding the evolution of this law, the exclusive judicial treatment of the difficulties is challenged. Indeed, it is no longer only to punish but more to prevent difficulties and safeguard businesses, which distorts the judicial office of the judge. In addition, traders are not the only ones affected by this law, leading to the outbreak of jurisdiction. Subsequently, there is a need to consider other modes of treatment. Taking into account the existence of an administrative process, known by over-indebtedness, but also by businesses, and promoting alternative dispute resolution of difficulties, another path can be proposed for the management of the economic impossibility of performance. The legitimacy of the judge, whose interventions would be refocused and skills specialised, would be strengthened in relation to the treatment of undertakings facing difficulties

Shire of Murray has concerns regarding the negative impact that a 100 year flood could have on existing structures built before 1997. The increase cost in construction due to landfill has an adverse effect on development in Pinjarra. Feasibility of constructing a diversion channel at upstream of Murray River to attenuate the flood level from 1 in 100 year ARI to 1 in 50 year ARI, was investigated by Kiong (2003). The Murray River Water Surface Profile along three kilometres south of Greenlands Road was modelled. Flood damages on each flood occurrence were assessed and Average Annual Damage (AAD) was calculated. The AAD is used to estimate the monetary benefit against the construction cost of the diversion channel. Groundwater along Greenlands and Fauntleroy Drains was also modelled to determine the viable depth of the designed channel, as well as the analysis of backwater. The proposed channel is designed at different scenarios (invert level at breakout point, culvert or causeway design, and diversion channel variations). The benefit cost ratio of the proposed diversion channel is calculated. Other mitigation options are suggested including detention basins for structural measure, or building a new flood-proof township for non-structural measure.

New Zealand Agricultural Engineering Institute / Also published as: Agricultural Engineering Thesis no. 4 / For large areas of New Zealand that suffer from agricultural drought, the only practicable way of providing irrigation is through the use of water harvesting schemes that divert winter flood water in nearby streams into off-stream storages for irrigation use in the summer. A community water harvesting scheme is presently under construction in the Glenmark area of North Canterbury which was designed using traditional methods. The objectives of this thesis were to assess the limitations of traditional design methods for water harvesting schemes using the Glenmark Scheme as a case study and to develop an improved method based on a systems modelling approach. A daily simulation model was developed that incorporated in a realistic way the engineering, hydrologic, agronomic and economic features of importance to the design of water harvesting schemes in New Zealand. The model was used to study the adequacy of the traditional methods used for the design of the Glenmark Scheme; to arrive at alternative design solutions that achieved higher levels of engineering, agronomic and economic efficiency; and to develop a better understanding of the nature of complex water harvesting systems. It was demonstrated that compounding conservatism inherent in traditional design methods resulted in scheme overdesign and that the ability of the systems model to capture the essential dynamics of the system allowed higher levels of design performance to be achieved. The experience gained in the use of the systems model led to the development of a formalised design procedure for water harvesting schemes that represents an advance on methods hitherto available.

我國緩起訴制度於2002 年制定，立法者於立法時已明文緩起訴係立基於訴訟經濟之目的，以及預防被告再犯之特別預防之刑事政策為出發。而緩起訴制度自2002 年施行至今約莫13 年，是否確能落實當年立法者所預期達成之目的，有效達成被告再犯預防之特別預防目的？或反而因為附條件緩起訴存在太過便利，附條件緩起訴之相關指示與負擔選擇多元且包羅萬象，而忽視制度本身原應該追求的目的？對於制度之目的產生問題後，因我國立法時參考的外國法制為日本的起訴猶豫制度，在日本法上起訴猶豫制度之運用是否也有類似的問題？而因緩起訴制度為一種刑事政策之轉向處分，美國法制上亦有性質類似的審前轉向原則，是否有得以參考的地方？所謂「他山之石，可以攻錯」，若想要達成緩起訴預防再犯之功能，以外國法制作為借鏡下，有無可提供我國法制得以參考的地方？在這樣的思考脈絡下，最後提出本文的一點想法以及參考。 本文希望藉由檢討目前實務上緩起訴之運作狀況，以預防被告再犯之立法初衷為著力點，探討在現行法制下附條件緩起訴之應然面與實然面之落差，並以外國法制作為借鏡，提出緩起訴制度重新思考的方向與建議。期使未來實務上檢察官在作成附條件緩起訴處分時，能夠從預防被告再犯的角度出發，思考附條件緩起訴「應該」要達到怎樣的效果，並藉由參考外國法制之程序上配套措施，相關配套之引進必要性與可能性之探討，希冀附條件緩起訴能夠發揮達到預被被告再犯之目的與效果。

From the Proceedings of the 1972 Meetings of the Arizona Section - American Water Resources Assn. and the Hydrology Section - Arizona Academy of Science - May 5-6, 1972, Prescott, Arizona / Pressure is being brought to bear on national resources of air, earth, and water in the growing cities in the arid southwest. Legal questions involved in capturing urban runoff and putting it to a beneficial use are examined. Urbanization of a watershed results in a 3 to 5 fold increase in runoff amounts. Legal aspects include tort liability from floods, water rights to the increased flows, land use restrictions along banks and flood plains, condemnation of land for park development and flowage easements, financing problems, zoning applications, and coordination of governmental bodies responsible for parks, storm drainage and related services. Urban runoff is the most obvious legal problem in the tort liability area. It appears feasible to divert small quantities of water from urban wastes for recreational uses which provide flood control benefits. It appears that municipalities could appropriate increased flows caused by urbanization. The ultimate legal questions remain to be resolved by legislation, litigation or extension of the appropriative system.

In this project the various International Instruments, namely the United Nations Convention of the Rights of the Child, 1989, the Beijing Rules and the African Charter, relating to the protection of the rights of children were discussed focusing on the rights of children in conflict with the law. The important guidelines regarding the establishment of a minimum age for criminal capacity, detention, legal representation, diversion, sentencing, pre-sentence reports, child justice Courts and the confidentiality of children’s Court hearings were highlighted. The current positions in South African law with regard to these issues were discussed and the proposed provisions in the Child Justice Bill, 49 of 2002 were furnished. The research included all the magistrates in Gauteng that were in service during February 2003 and March 2003. Throughout the project the important role that forensic criminologists can and should play in a juvenile justice system was highlighted. / Criminology and Security Science / M.A.

Motivation of virtually all regional economic integration (REI) initiatives has been prospect of enhanced economic growth. Although REI's role in contributing to growth and development was recognised and acknowledged, its importance in Africa has never been properly outlined. Theoretical background, economic assumptions and evidence of REI are examined to bring out REI's importance to Africa. Depicting from these, benefits and challenges of REI in Africa are explored. This dissertation analyses the progress, pace, approach, sequence of REI in Africa looking at different variables. Africa's regional integration blueprint and institutional framework are compared to EU's but selected areas are identified as essential for Africa. Progress on REI has been found to be slow. This study concludes that REI should be viewed as one aspect of strategy towards Africa's development and growth. However, the benefits of REI make it imperative for it to remain the central pillar of Africa's development agenda. / Economics / M.Com. (Economics)

The impetus for regional integration draws its rationale from the standard international trade theory, which states that free trade is beneficial to all. Free trade among two or more countries or preferential trade will improve the welfare of the member countries as long as the arrangement leads to a net trade creation in the Vinerian sense. The history of regional economic integration in Southern Africa (SADC) reveals that it has not yet achieved the economic benefits that are attributable to developing regions, namely: higher levels of welfare exemplified by low poverty levels, economic development and industrialisation. Regional economic integration in Southern Africa is constrained by high tariff and non-tariff barriers, archaic infrastructures and multiple memberships among different regional economic communities. A SADC-wide customs union can be successful, provided that countries are allowed to join, when their economies have adjusted and the South African Customs Union (SACU) is used as a nucleus. / Economics / M. A. (Economics)

The judicial system is moving away from a retributive justice system to a more rehabilitative, restorative justice system. Diverting youth offenders from the justice system by alternative sentencing options such as diversion programmes is one way of doing this. Jt was found that a need exists for the development of a therapeutic programme for the rehabilitation of youth offenders in South Africa. The purpose of the study was to detennine the content of therapeutic rehabilitation programme and subsequently to develop a provisional therapeutic programme for youth offenders. The first part of the literature study summarized a number of theories used to explain the incidence of youth offence. The second part of the literature study discussed various risk factors that could lead to youth offence. Thirdly, the juvenile justice system in South Africa was discussed. Finally, the characteristics of effective rehabilitation programmes were discussed and a number of international and South African rehabilitation programmes were evaluated in tenns ofthese characteristics. In the literature study certain aspects for inclusion in a rehabilitation programme were identified. A list of topics that should be addressed by a rehabilitation programme was drawn up. A provisional therapeutic programme was compiled using the information gained from the literature study and the needs for a programme as identified by staff members at the facility where the programme was to be conducted. The programme was based on experiential learning. lt included a number of activities that addressed the topics identified by the literature study. The provisional programme was evaluated in tenns of its short-term effectiveness and adjustments to the programme were made. The adjusted programme was conducted at two other facilities and evaluated in tenns of its short-term effectiveness by the researcher, the staff at these facilities and the youth who took part in the programme. Staff at the two facilities where the empirical study took place were asked to complete questionnaires to identify their needs with regards to a rehabilitation programme as well as background questionnaires on the youth who were taking part in the programme. Recommendations for further improvements of the programme were made. / Psychology of Education / D. Ed. (Psychology of Education)

CORDEIRO, Maria Paula Jacinto. Entre chegadas e partidas: dinâmicas das romarias em Juazeiro do Norte. 2010. 242f. Tese(Doutorado em Sociologia) – Universidade Federal do Ceará, Departamento de Ciências Sociais, Programa de Pós-Graduação em Sociologia, Fortaleza-CE, 2010. / Submitted by Liliane oliveira (morena.liliane@hotmail.com) on 2012-01-12T13:03:36Z No. of bitstreams: 1 2010_TESE_MPJCORDEIRO.pdf: 6867978 bytes, checksum: 8b7c517e4ec3cd48eb5f8045ffa1d3c3 (MD5) / Approved for entry into archive by Maria Josineide Góis(josineide@ufc.br) on 2012-03-08T16:38:00Z (GMT) No. of bitstreams: 1 2010_TESE_MPJCORDEIRO.pdf: 6867978 bytes, checksum: 8b7c517e4ec3cd48eb5f8045ffa1d3c3 (MD5) / Made available in DSpace on 2012-03-08T16:38:00Z (GMT). No. of bitstreams: 1 2010_TESE_MPJCORDEIRO.pdf: 6867978 bytes, checksum: 8b7c517e4ec3cd48eb5f8045ffa1d3c3 (MD5) Previous issue date: 2010 / This thesis brings into focus devotion and diversion as seen in pilgrimages in the current century, taking into consideration the process related to the hierarchy of meanings. Beginning with interacting contexts found at pilgrimage scenario in Juazeiro do Norte, Ceará, this study questions perspective for continuity and change within pilgrimage practices. Among possibilities related to analysis of religious movements by the Social Sciences, notions about tourism and festivity are taken as models for interpretation of pilgrimages attaching them to narratives of experiences by participants. There is a concern in this work to demonstrate how relations among place, events and people involved in the pilgrimages are bound into indissociable elements for apprehension of the phenomenon. The bulk of representations that circulate among participants of the pilgrimage is presented by means of data collected from interviews, questionings and observations. Analysis encompasses identification of practices taken as legitimate values for pilgrimages, taking into consideration relations among the founding myth, the city and the pilgrims, and elements that point to new meanings. The upshot demonstrates that in spite of accumulating through the years other meanings besides the religious one, pilgrimages maintain their major remissive aspect, namely, relating themselves to the institution of the sacred which differentiate them from other formal symbolic repertoires to which participants turn when they desire to demarcate internal limits of belonging. Within the universe of individuals who qualify as pilgrims of Juazeiro do Norte the research points to aspects that indicate change and continuity encompassing traditional practices of pilgrimages. Besides, there is formation of different spaces in order to serve a demand of sociability and diversion among participants and their contribution to re-signify pilgrimages. / Esta tese foca os domínios da devoção e da diversão em romarias neste início de século, considerando o processo de hierarquização de sentidos. A partir de contextos de interações proporcionadas durante as romarias a Juazeiro do Norte, no Ceará, o estudo indaga as perspectivas de continuidade e mudança no conteúdo das práticas romeiras. Entre as possibilidades de análise dos fluxos religiosos nas Ciências Sociais, são tomadas como escopo as noções de peregrinação, turismo e festa como matrizes interpretativas das romarias alinhavando-as a narrações de experiências dos participantes. Há uma preocupação no trabalho em demonstrar como as relações entre o lugar, os eventos e as pessoas nas romarias, se constituem elementos indissociáveis na compreensão do fenômeno. O conjunto das representações que circulam sobre a romaria entre os seus participantes é apresentado através de dados produzidos com entrevistas, inquéritos e observação. A análise abrange a identificação das práticas tidas como legítimas das romarias, considerando as relações entre o mito fundador, a cidade e os romeiros; e os elementos que apontam para novas significações. Os resultados demonstram que embora as romarias tenham agregado ao longo do tempo outros sentidos além do religioso, seu principal aspecto remissivo continua relacionado a instituição do sagrado que se diferencia de outros repertórios simbólicos formais aos quais os praticantes recorrem quando querem marcar fronteiras internas de pertencimento. No universo dos indivíduos que se classificam como romeiros em Juazeiro do Norte, a pesquisa aponta aspectos que indicam mudanças e permanências nas práticas romeiras tradicionais. Além disso, há a constituição de espaços diferenciados para atender a demanda de sociabilidade e diversão entre os participantes e suas implicações na ressignificação das romarias.