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Implications of code-sharing agreements on air carriers' liabilityGuelfi, Audrey. January 2000 (has links)
Recognised as an excellent tool for competition in the current liberalised framework of international air transport, code-sharing is becoming a common practice, as an integral part of the activity of an airline, with obvious implications for both airlines and passengers. / This thesis presents two predominant legal implications of such a practice, involving two carriers for a single flight: the contracting carrier and the operating carrier. / First, this study aims at examining the relationship between users/passengers and code-share partners, more particularly identifying the practice as misleading due to the non-disclosure of the actual operator of the flight, which is magnified by the inaccuracy and shortcomings of computerised reservation systems (CRS). The regulatory framework in this regard is described and the legal obligation to disclose the identity of the actual carrier is given top priority. The delimitation of operational responsibilities will also be addressed (inadmissible passengers, overbooking and baggage concerns). The private agreement between the code-share partners will be given importance in ascertaining the liability issues. / Second, the current international liability regime is analysed with a view to consider the code-sharing scenario. The potential conflict between the different international legal regimes governing air carriers' liability is highlighted in order that this aspect be taken into account by the code-share partners in their contractual agreement. / Last but not least, some provisions of the new Montreal Convention of 28 May 1999 will be examined. A closer look will be given specifically to those provisions of Chapter V that are particularly applicable to a code-sharing situation.
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An investigation to establish an injury profile in South African cyclists and its association to bicycle set-upMills, Barry-John January 2006 (has links)
Thesis (M.Tech.: Chiropractic)-Dept. of Chiropractic, Durban Institute of Technology, 2006
129, [21] leaves / The first objective was to investigate the injury profiles of South African cyclists, especially those relating to mountain bicycle use on the road, as there appears to be no knowledge available on mountain bicycle use on the road and related injuries.
Secondly, to see if there is an association between injuries and bicycle set-up in a South African context.
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Gymnastics injuries: a quantitative profile of athletes in the greater Durban areaAdamson, Ingrid January 2006 (has links)
Dissertation submitted in partial compliance with the requirements for the Master’s Degree in Technology: Chiropractic in the Department of Chiropractic at the Durban Institute of Technology, 2006. / The aim or purpose of this study is to determine the injury profile of gymnasts in the greater Durban area of KwaZulu-Natal, South Africa; and to compare it with the international data that are available. Factors that should be considered regarding differences in the injury profile of South African gymnasts as compared with international gymnasts include:
1. Difference in standard of gymnastics (Cameron-Smith, 2005)
2. Sudden increase in the standard of South African gymnastics in an attempt to match that of other countries, which may lead to an increase in training hours, and attempts at more risky new manoeuvres. This, in turn, may increase the risk of injury (Cameron-Smith, 2005).
For the purpose of this study, the following information was gathered in terms of:
- Demographics of South African gymnasts
- The participants’ gymnastics history
- The presence of any past or current injuries, and
- If present, factors relating to these injuries were investigated.
This information mentioned above was gathered with the aim of helping to identify any problems that may exist, quantifying the extent of these problems and identifying to some extent the potential risk factors. This would be beneficial to South African gymnasts if recommendations for prevention of potential injuries were made, should any common injuries, or possible risk factors or associations be discovered/identified (Chadwick, 2004).
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An agenda setting analysis : the application of Kingdon's framework to the Road Accident Fund (RAF).Ndlovu, Lindokuhle Angel. January 2008 (has links)
This study aimed at exploring the agenda setting process of the Road Accident
Fund (RAF), a road accident compensation system operating in South Africa
using Kingdon's model of Agenda Setting. This study focused on the period
between 1996 when the RAF was introduced to 2005 when the focus in the Fund
was put mainly on how to deal with fraud and corruption issues. When the RAF
was put into place, the main aim was to establish a compensation system that
will be able to deal with the effects of road accidents that the people suffer.
These are mostly the vulnerable road users and public transport passengers who
account for most of the road casualties. However there has been a shift in the
focus of the Road Accident Fund Act of 1996, hence the majority of the people
who were meant to be beneficiaries ended up not benefiting from the Fund due
to corruption. A theoretical framework based on the work of John Kingdon (1995)
is used to explore the developments in the RAF that led to the Road Accident
Benefit Scheme (RABS) as a proposed system.
Qualitative research method was used in order to trace the unfolding of the
events and action of participants in the RAF in order to see whether the
developments in the Fund can be explained using Kingdon's framework of
agenda setting. Historical documents were used to collect data and to trace the
chronology of events. These include formal records, including Annual Reports on
the RAF and media articles, including newspapers. Content analysis method was
done on material such as: Annual Reports on the Road Accident Fund, Meeting
Minutes, Parliamentary Proceedings, Newspaper Articles and Speeches,
primarily from the Department of Transport in order to analyse data.
The findings of this study revealed that using Kingdon's theory of agenda setting,
it is possible to come to a better understanding of the agenda setting process
that led to a current state of the RAF. In the RAF case study, the three policy streams proposed by Kingdon namely: problem stream, policy stream and
political stream, were identified. In the problem stream, the financial 'crisis'
together with feedback from the formal as well as the media reports that
indicated that the financial condition of the RAF was getting worse served as an
indication that there was a problem in the Fund. Several ideas were generated in
the policy stream of the Fund. Amongst other things, studies, discussions,
hearings, meetings and conferences conducted by the RAF Commission for the
purpose of investigating the Fund and come up with alternative solutions, created
pressure for policy change. While RABS which incorporated in it a "no fault"
system of compensation was proposed as a solution by the RAF Commission,
liquidation of the Fund was also a concern. In the political stream, the national
mood, change of administration and interest group pressure were evident and
contributed to the agenda setting of the RAF. Media reports also contributed to
the whole agenda setting process of the Fund.
The implications of the analysis for future processes are drawn. / Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, [2008].
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Nationality of spacecraft and liability for space activitiesGalicki, Zdzislaw W. January 1969 (has links)
No description available.
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GNSS and Galileo Liability AspectsBensoussan, Denis January 2002 (has links)
In the next coming years global satellite navigation systems (GNSS) will make part of our daily life, as the world is becoming "GNSS-dependant in the same way that it has become Internet-dependant". Indeed, more than ten years folowing the opening up to civilians of satellite-based navigation systems initially designed for military purposes, civil satellite navigation applications are becoming more and more numerous. The potential benefits have proven enormous in terms of transport safety and efficiency as well as for non-transport-related industries. / Dans les toutes prochaines années, les systèmes globaux de navigation par satellite (GNSS) feront partie intégrante de notre vie quotidienne. En effet, un peu plus de dix ans après la libéralisation de l'accès des civils aux systèmes de navigation par satellite initialement conçus à des fins militaires, les applications civiles permises par la navigation par satellite sont de plus en plus nombreuses et les bénéfices potentiels sont énormes en matière de sécurité et d'efficacité des transports comme pour d'autres secteurs et industries. fr
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Strategic aspects of nuclear safety in Eastern and Western EuropeMissfeldt, Fanny January 1998 (has links)
No description available.
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The impact of negative attitude towards safety compliance in Unitrans fuel and chemical.Sondezi, Mduduzi Mzwandile Olive. January 2012 (has links)
South Africa is among those countries that have the highest rate of road accidents in the world. Road accidents have a negative impact on a country's development; therefore reduction of road accidents is a priority for the South African government in general, and road transporters in particular. Unitrans Fuel and Chemical (UFC) is one of the major road transporters of dangerous goods in South Africa; this study was undertaken to explore the impact of negative attitudes on safety compliance at UFC by its truck drivers. The focus of the study was informed by the element of human failures, and the role played by such failures in road accidents.
In light of driver behaviour being a product of non-tangible elements such as attitudes, feelings and beliefs, the quantitative study undertaken, sets out to explore the impact of negative attitudes on safety compliance. A sample was taken from the UFC's Clairwood depot, and data collected was analysed using descriptive statistics. Other non parametric tools were also used to analyse data. The findings are presented in Chapter Four. The researcher used a Likert Scale instrument to measure elements of attitude amongst UFC drivers.
The results clearly indicate attitude plays a major role in the lack of safety compliance by drivers. The study also provides recommendations to address issues of driver attitude that are clearly illustrated by the figures in Chapter Four. Recommendations will allow UFC to address areas of negative driver attitude displayed by respondents to the questionnaire. The study recognizes that changing driver behaviour is not an easy task, and commends UFC for the effort applied in addressing this problem. / MBA. University of KwaZulu-Natal, Durban 2012.
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Crisis management : a case study of China Airlines' 1998 crash in TaiwanHuang, Yu-Hui January 2002 (has links)
The researcher conducted a case study analysis of China Airlines' crisis management during its 1998 crash in Taiwan, the worst in the airport's history.The researcher looked for evidence of Gonzalez-Herrero and Pratt's crisis theory in China Airlines' crisis management by identifying the following parts of the theory: issue management, planning prevention, the crisis, and the post-crisis.The researcher sought to suggest the use of Gonzalez-Herrero and Pratt's crisis theory in the formative research of China Airlines crisis management and to help public relations planners in the airline industry understand how crisis management incorporating Gonzalez-Herrero and Pratt's crisis theory could be presented and disseminated.Procedures began with collection of facts and interviews with the key public relations personnel of China Airlines. Next, the researcher applied Gonzalez-Herrero and Pratt's crisis theory to the China Airlines case for analysis. In addition, by viewing the other two airlines crash cases, this study provided a comparison of their crisis management strategies.The researcher followed Miles and Huberman's (1994) guidelines for addressing reliability and validity.Recommendations for improving China air's crisis management would be to use issue management, planning prevention, the crisis, and the post-crisis, the four steps of Gonzalez-Herrero and Pratt's crisis theory, for managing crises. The researcher also recommends periodical internal drills for different crises, and establishment of organizational legitimacy and authority.Limitations of the study included the legitimacy of qualitative research, that the study included the legitimacy of qualitative research, thus the study may not be considered a case study in the strictest sense, and that crisis management did not intentionally incorporate the process of Gonzalez-Herrero and Pratt's crisis theory in China Airlines' crisis management because of the company's culture issue.Further research on the China Airlines' crisis management should be conducted to evaluate its effectiveness and the culture issue. / Department of Journalism
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Perspectives on determining permanent disablement in South African occupational lawJakob, Olaf January 2012 (has links)
The right to be entitled to compensation for injuries sustained in the course of employment has always been an essential component of basic social security rights.
Provision is made in the international sphere by the International Labour Organization and the United Nations. In the regional sphere there are standards that apply within the Southern African Development Community, and on a national level the rights are provided in terms of the Constitution of the Republic of South Africa, 1996, and the Compensation for Occupational Injuries and Diseases Act, 103 of 1993 (COIDA).
COIDA provides for a system of no fault compensation for employees who have sustained injuries or contracted occupational diseases during the course of their employment. “No fault compensation” provides that an employee does not have to prove fault with the employer or any other party in to be entitled to claim compensation.
COIDA’s main purpose is to provide for compensation for disablement caused by occupational injuries or diseases sustained or contracted by defined employees in the course of their employment.
Section 49 of COIDA provides for compensation for permanent disablements. In terms of section 49, the Commissioner must assess the permanent disablement of the employee by applying Schedule 2 of COIDA, which stipulates percentages of disablement for different injuries or mutilations. By “matching” the injury or mutilation from which the employee is suffering to the corresponding injury or mutilation provided for in Schedule 2, the Commissioner is then able to determine the degree of permanent disablement.
Discretions are also granted to the Commissioner in terms of which he is allowed to determine the degree of disablement suffered by an employee under certain circumstances. The nature and amount of compensation awarded depend on the degree of disablement that the employee is afflicted with. Compensation for permanent disablement may be paid either in a lump sum or a monthly pension depending on the degree of disablement determined.
Problems arise with the application of both these approaches of determining the permanent disablement of an employee. The guidelines in Schedule 2 have been previously described to be applied “mechanically” with no consideration being given to the individual circumstances of the employee. In practice the discretion granted to the Commissioner in terms of section 49 is often not applied judicially, which has led to numerous objections being lodged against the initial amount of compensation granted.
The lack of medical expertise at the initial assessment of the disablement, and the “mechanical application” of Schedule 2, often lead to the incorrect determination of the degree of permanent disablement from which the employee is actually suffering. The determination of the degree of disablement is often not consistent with Schedule 2 of COIDA and results in an unjustifiable amount of compensation granted to the employee which holds no relation to the impairment suffered.
The core question that needs to be considered is whether and to what extent the employee is still useful for the labour market in the line of his or her employment, and the disablement should be assessed in the light thereof. / Thesis (LLM (Labour Law))--North-West University, Potchefstroom Campus, 2013.
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