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The Informal sector under Ohada: Implications for law and developmentO'Malley, William Joseph January 2016 (has links)
This dissertation evaluates the Organization for the Harmonisation of Business Law in Africa (OHADA) in relation to the informal sector in West Africa. The paper also considers the challenges to successful legal reform arising from the interaction of African cultural and social values with imposed formal law. Means to improve links between OHADA formal laws and institutions to the realities of the majority of Africans living and operating in the informal sector are suggested. These topics are explored within a thematic context of desiring to enhance the development prospects for the people in the region.
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At the crossroads between peacekeeping and development: The curious case of the establishment and functioning of a national human rights institution in HaitiKaramaoun, Anis Nino January 2020 (has links)
No description available.
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Sanctions of international law with special emphasis on collective and unilateral use of economic weapons.Mudathir, Bakri. January 1984 (has links)
No description available.
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The arbitration of civil and industrial disputes in Quebec laws.Cawadias, Constantine A. January 1948 (has links)
No description available.
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Songs without music : aesthetic dimensions of law and justice.Manderson, Desmond. January 1997 (has links)
No description available.
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The concept of mixed legal system : a Chinese perspectiveWang, Yu Xi January 2012 (has links)
University of Macau / Faculty of Law
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Horizontal Discrimination in the Private Sector in the Mexican and the Canadian Legal Systems: Divergence of Means but Convergence of Results. A Functionalist ApproachAguirre Romo, Raul Alejandro 14 December 2009 (has links)
The thesis lends support to the functionalist theory of Konrad Zweigert and Heinz Kötz that legal systems converge on results but diverge on means. We apply the Mexican and the Canadian legal systems to a hypothetical discrimination case. This work shows that, although the Mexican and the Canadian legal systems have different legal principles, different concepts of discrimination and different means of choosing the appropriate forum, law and remedy, both jurisdictions produce the same result: the protection of the equalization of opportunities human right of people of vulnerable social groups by compensating individuals for rights which have been infringed.
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Horizontal Discrimination in the Private Sector in the Mexican and the Canadian Legal Systems: Divergence of Means but Convergence of Results. A Functionalist ApproachAguirre Romo, Raul Alejandro 14 December 2009 (has links)
The thesis lends support to the functionalist theory of Konrad Zweigert and Heinz Kötz that legal systems converge on results but diverge on means. We apply the Mexican and the Canadian legal systems to a hypothetical discrimination case. This work shows that, although the Mexican and the Canadian legal systems have different legal principles, different concepts of discrimination and different means of choosing the appropriate forum, law and remedy, both jurisdictions produce the same result: the protection of the equalization of opportunities human right of people of vulnerable social groups by compensating individuals for rights which have been infringed.
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The need for clarity on whether ‘suspects’ may rely on section 35 of the Constitution of the Republic of South Africa, 1996: a comparative law analysisAlly, D 13 September 2010 (has links)
This article examines whether the police have a constitutional duty to
inform ‘suspects’ about their fundamental rights, despite the fact that
section 35 of the Constitution of the Republic of South Africa, 1996, is
silent on this issue. The decisions of the different divisions of the South
African High Court diverge on this question, and the Constitutional Court
has not yet had the opportunity to settle it. In an attempt to resolve this
question, this article considers the underlying principles of binding and
non-binding international law standards, as well as how this is
approached in the Canadian and United States’ jurisdictions. This
analysis reveals that an emerging consensus of opinion is developing
which suggests that the informational duties should arise from the
moment the police embark on an adversarial relationship with suspects,
by approaching them to establish or disprove the existence of evidence
linking them to a crime. The author concludes that such an approach
accords with a contextual and purposive interpretation, and should be
embraced.
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A comparison of the role of the judge in alternative dispute resolution in France and British ColumbiaBlehaut, Camille 05 1900 (has links)
This thesis analyses legal institutions which appear to be developing in a similar way and
reveals the significance of historical, legal and cultural backgrounds. ADR processes are
perceived and developed as international and necessarily standardized, or simply as culturally
neutral institutions. However, this analysis shows that alternative conflict resolution methods
remain culturally embedded. This analysis is based on the role of the judge in ADR in France
and B.C.
The comparative method seemed appropriate to conduct the analysis as it facilitates a
focus on cultural influences which reveals differences in the definition of the judge's role in ADR
in both jurisdictions. The first chapter examines comparative law - its nature and objectives, as
well as the potential pitfalls.
Courts have been chosen as the institutions on which to base our research of the cultural
element in ADR because they appear to be culturally embedded. The second chapter attempts to
trace historical evolution and political factors which shaped the judicial institution in both
jurisdictions. The role of the judge in proceedings is analyzed with particular emphasis on the
process of judging. The professional education of judges in both jurisdictions is also examined.
To frame the analysis two of the roles of judges which have often been used in the literature are
used, namely the role of dispute settlement and the role of policy maker.
A third chapter outlines the similar development of ADR in France and B.C. and explores
the reasons behind this.
Finally, a comparison of the intervention by the judge in enforcing settlement agreements,
enforcing arbitration agreements and conducting court mediation is made. The analysis relies on
the definition of judges' role as defined by the legislator, and the interpretation of that definition
by the courts.
It is concluded that, while no absolute pattern of the influence of cultural and historical
background on the shaping of the role of the judge in ADR can be identified, this influence exists
nonetheless. The similarities between, and the perceived unification of ADR institutions are
therefore superficial, as ADR is molded through institutions such as judges, influenced at the
same time by the cultural identity of the jurisdictions in which they operate.
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