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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
181

Legal protection of foreign direct investment in Saudi Arabia

Alkahtani, Faisal January 2010 (has links)
Developing countries are converging in their Foreign Direct Investment (FDI) policies. This reflects not just the external pressure to liberalise economic policies but also the growing realisation that Multi National Corporations (MNCs) have played and will continue to playa leading role in transnational investment. This is particularly so when it comes to the exploration for and development of oil and gas resources. The role of MNCs In the explorations and development of petroleum resources in Saudi Arabia since the 1930s has indeed been significant. Saudi Arabia has been seeking economic diversification since the 1970s. It dec~ded to change its development strategy so as to become less dependent on oil revenues. The Kingdom thus embarked upon various legal and policy reforms to improve the investment climate in the country. This subject is highly important to foreign investors in Saudi Arabia because of the potential returns offered by what is becoming a more attractive investment environment. A key issue for foreign investors is the availability of an adequate legal framework for foreign investment which facilitates the establishment and operation of their business in Saudi Arabia and provides them with adequate protection for their investments. However, there are concerns which have arisen amongst foreign investors. These concerns mainly stem from a sense of legal uncertainty and unpredictability of the laws and dispute settlement systems relating to FDI in Saudi Arabia, including where relevant Shari'a which is fundamental to the Saudi legal system. This study is therefore concerned with the identification and analysis of these legal problems - both existing and perceived - in the laws of Saudi Arabia as well as the stability of investment agreements under Shari' a which is necessary for conducting business there. As the title of this study indicates, its primary objective is to examine the legal security and protection ofFDI in Saudi Arabia. The examination of this topic will be conducted in the light of the rules relating to FDI which are designed to provide effective protection for foreign investment. Since Shari'a is the main source oflaw within the Saudi legal system, the relevant Shari'a principles will also be addressed in this study. The study also examines the mechanisms available for the settlement of foreign investments disputes in Saudi and asks whether or not these mechanisms provide independent and impartial bodies capable of settling such disputes. The study is intended to make an original contribution to current and prospective foreign investors' understanding as well as to inform proposals for action on the part of the Saudi government.
182

Human trafficking for sexual exploitation : the framework of human rights protection

Siripatthanakosol, Kuanruthai January 2011 (has links)
The thesis examines the current anti-trafficking framework with particular emphasis on the development of human rights protection. The study analyses legal responses to human trafficking at 2 levels: International and National measures. The research is structured into 8 chapters, proceeding from general background of human trafficking to the development of the framework of human rights protection. From the literature review, it is found that human trafficking is a multi-faceted problem, which needs a more comprehensive approach to tackle it. Despite the recognition of all forms of human trafficking, trafficking for sexual exploitation, in which the majority of trafficked persons are young women, is the focus of this study. The thesis concludes that the Protocol to Prevent, Suppress, and Punish Trafficking in Persons fails to adopt a comprehensive human rights approach. The core commitment of the Protocol is rather to prevent and prosecute human trafficking than to protect and identify the victims of human trafficking. This considerably undermines the effectiveness of trafficking intervention at all levels. Likewise, Thailand, a country of origin, and the UK, a destination country, have adopted/amended their anti-trafficking laws in line with the Trafficking Protocol. The thesis, however, finds that such countries have considerably failed to address the effective protection framework in their national agendas. In response to the fight against human trafficking, the thesis calls for the amendment of the Trafficking Protocol moving towards the development of comprehensive framework of human rights protection. The suggested framework imposes legal obligations seeking to guarantee the effective identification of victims, non-criminalisation, non-discrimination and nonrefoulement of victims of trafficking. In addition, the promotion of participation of states, NGOs, other member of civil society and individuals becomes integral parts to the suggested framework. All of which are to ensure the effective intervention and to develop best practice.
183

Timeless considerations : an historical analysis of the development of residency and contract law, gender and parenting

Sinclair, Elizabeth Ann January 2011 (has links)
This thesis engages with historical issues of infant custody laws that have a particular focus in contemporary times. Over the last three decades, complex socio-economic changes have reshaped traditional employment patterns and challenged gender understandings of social relationships, parenting practices and the structure of the family. The outcomes have raised concerns about the effects of these changes on children, the stability of the family and questions of wider social cohesion. Social policies and legal reforms have reflected these changes, for example in relation to ideas of formal gender equality, and a rethinking of parental responsibility. This is particularly relevant after parental separation and the law now encourages shared parenting. However, gendered divisions relating to the roles of men and women as parents remain entrenched within many aspects of parenting cultures. This thesis adds to the contemporary debates through an exploration of the historical context of the development of the laws regulating the care of children post-separation. The methodology follows emerging ideas around the uncovering of personal experiences of separated parents and ways that might add depth of knowledge to research findings. The primary focus is on the inter-war period of the nineteen twenties and thirties. The implications of the massive socio-economic upheavals and legislative reforms following the First World War signalled a new age and a key period in women’s history and struggle for formal legal equality. Despite legal reforms and social change, the evidence shows for some parents the reality was different and rooted in gender politics. Via a critical analysis of primary resources, including original and up until now, unseen testamentary evidence, the case studies provide a snapshot of the experiences of mothers and fathers after separation dealing with the contradictions in their gendered roles in the care of children. The thesis sets out to argue that in the legal regulation of the care of children post-separation the issues of parenting are timeless considerations underpinned by gender politics and need to remain within political, legal and public debates.
184

'Tyneside flats' : a paradigm tenure for interconnected dwellings

Wadsworth, Geoffrey James January 2011 (has links)
'Tyneside Flats' are typically terraced buildings comprising pairs of self-contained flats and are particularly prevalent on Tyneside in north eastern England. This thesis examines the land tenure arrangements used for individual Tyneside Flats and the enforcement of land obligations between flat owners. This provides an interesting model for tenurial arrangements across England and Wales where there are interconnected buildings and other small blocks of self contained flats. The thesis includes an analysis of qualitative and quantitative research data obtained from north eastern conveyancers. The first introductory chapter explains the background to the research project and the research objectives. It also contains the research questions and an overview of the literature and methodology used. Chapter two puts Tyneside Flats in their historical context and describes their architectural features. The judicial development of the law of positive freehold obligations from the nineteenth century onwards is analysed in chapter three. Past and present law reform proposals and the 2002 commonhold legislation are assessed in chapter four. In the 1980s a mixed freehold/leasehold arrangement for Tyneside Flat transfer was promulgated by Newcastle Law Society. This standard structure and other alternative freehold conveyancing devices are considered in chapter five. Chapter six contains a detailed and technical analysis of the impact of modern leasehold legislation on the standard form arrangement. The methodology used for data collection is described in chapter seven. Chapter eight examines how the standard Tyneside Flat documentation works in practice. This key chapter analyses qualitative and quantitative research data in detail. The final concluding chapter contains an overview of the research questions and results. It includes recommendations for legislative reform and the future prospects for the standard form arrangement and a freehold land obligation alternative.
185

The role and jurisdiction of the board of grievances in Saudi Arabia

Al-Qahtani, Mohammed Hassen January 2008 (has links)
This thesis presents a critical study of the administrative court of Saudi Arabia (Board of Grievances). Its aim is to evaluate the modem Board of Grievances. The study also investigates the nature of the Board of Grievances, that is, the extent to which its role is entirely administrative according to the Act of 1982, or also contains aspects of an appeal, review, or investigatory court. The study explores the legal nature and jurisdiction of the Board, the appointment, qualifications, and training of its members and processes for their removal or retirement, transfer, promotion, and discipline. It is argued that the Board's membership, jurisdiction and procedures all reflect historical, legal and constitutional factors; and that these influences affect the efficiency of the Board as a mechanism for the legal control of administration and of grievances against the government. The thesis seeks to identify major changes which would enhance the Board's role and strengthen its contribution to the rule of law in Saudi Arabia. The first part of the thesis consists of two chapters dealing with the historical, constitutional and legal framework within which the Board operates. Chapter 1 examines the law and constitutional background of Saudi Arabia. The main thrust of this chapter is to place the Board of Grievances within the constitutional and legal environment in which it operates, in other words within the history of the growth of the state itself. Chapter 2 examines the historical development of the Board of Grievances in Islam. The chapter also briefly compares the Islamic Board of Grievances with an institution that has interesting similarities, the Court of Chancery in English legal history. The four chapters of the second part examine the modern Board of Grievances, tracing its development since 1924, and its present jurisdiction, practice, and procedures. Chapter 3 discusses the modem development of the Board of Grievances in Saudi Arabia. The purpose of this chapter is to explain the various stages of the development of the Board of Grievances as established in Saudi Arabia. Chapter 4 examines the composition and structure of the modern Board of Grievances. This chapter also discusses the status of the Board members as administrative judicial officers. Chapter 5 highlights the scope and limits of jurisdiction of the Board of. Grievances. Chapter 6 examines the rules of procedure of the Board of Grievances and its working practices. The concluding Chapter 7 refers to issues arising from the study in order to suggest some reforms necessary to improve the performance of the Board and to satisfy the expectation of the people.
186

Environmental tax law : is it possible to design a universal legal model for environmental taxation?

Truby, Jon Mark January 2011 (has links)
Taxation methods are increasingly being used as tools to achieve environmental objectives, though the risks of ill-conceived environmental taxes are severe. The thesis offers lawmakers and policymakers guidance as to choices of tax measures, and how such methods can be utilised effectively, by exploring the various issues and decisions facing policymakers in the introduction of such methods. It does this by investigating means by which environmental taxes can be effective in changing consumption choices and behaviour towards the environment, which requires an examination of a series of pertinent issues which any policymaker is advised to respond to before implementing such tax methods; such as how the environment can be valued and how to decide which taxpayers should bear the burden of environmental taxation. The overarching objective for the thesis is to set out a design for a universal legal model for environmental taxation, and question whether this model can be utilised by policymakers to achieve environmental objectives in any jurisdiction. The findings of all chapters will contribute to the purposeful design of such a model. This initially requires a fundamental examination of the nature of tax itself, before considering the concept and utility of tax incentivisation. The thesis then questions whether a tax can philosophically be considered an ‘environmental tax’, and seeks to distinguish this from revenue-raising measures through its behaviour-changing functions. The design of such taxation is then considered, with the aim of achieving maximum benefits at minimum cost. In considering a variety of methods to achieve environmental policy, the thesis will identify methods to target environmental problems efficiently and in a manner which will prevent unintended consequences such as loss of competitiveness or other social ills. It is intended that the findings will be useful initially in contributing to the knowledge in this field, but further the answer to the overall thesis may help tackle the greatest challenge facing mankind in our time.
187

The Islamic law of marriage

Hinchcliffe, Doreen January 1971 (has links)
No description available.
188

Insurance and Islamic law

Muslehuddin, Mohammad January 1966 (has links)
No description available.
189

Cross-listing of Chinese companies in Hong Kong : a critical and comparative analysis of the motivations for China/Hong Kong cross-listing and its role in the integration of the Chinese and Hong Kong stock markets

Huang, Xiao January 2010 (has links)
No description available.
190

The Islamization of Pakistan's financial system : a legal analysis

Masood, Nidaa January 2007 (has links)
The aim of this thesis is to explore the effects of the proposed implementation of an interest-free Islamic financial system in Pakistan on the legal system. This thesis shows that the impetus for the Islamization of the financial system was the determination of a few members of the judiciary, to introduce Islamic norms in the legal system. The research also explores the effects of the proposed implementation of a new regime on the existing legal environment. To that end, the researcher carried out field work to record the experiences and thoughts of members of the legal profession. This has not only provided a practical insight as to the problems associated with this transition but it is also a new methodological approach to assessing the impact of a change in the norms of a legal system. This study consists ofan introduction and seven chapters. The first chapter focuses on the origins of Islamic economic thought in the subcontinent as a means of creating a distinct social identity. The researcher then goes to explore the role of Islam in the political life of Pakistan. Finally measures taken by the government to implement an Islamic financial system are recounted. The second chapter explores certain controversies surrounding the concept of riba in Islam. There is also a discussion of the permitted alternatives to interest in Ishim. Chapter 3 focuses on the vital role played by the judiciary in the riba debate and the researcher also examines the historic riba judgements of Pakistan. Chapter 4 explains the methodology and aims ofthe field research. Chapters 5 and 6 respectively, focus on quantitative and qualitative analysis of the data gathered through the use of questionnaires. In Chapter 7, the main recommendations to facilitate the process of transition are examined and the researcher's own conclusions are presented.

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