The regional economic community (REC) of the Southern African Development Community (SADC) compri'ses 15 Southern African countries. The' economic and political aspects of regional integration in SADC dictate the pace of integration while the influence of a legal regime for regional integration remains at the periphery. While the SADC Treaty and its Protocol on Trade are clear about the priority of economic integration; the full implementation of SADC's economic integration is still yet to be realised using these legal instruments. Regional economic integration is also a priority at both continental and global level. The legal instruments applicable at these levels are those established through the African Union (AU) and the World Trade Organisation (WTO) respectively. Analysis of these external legal instruments is relevant because SADC Member States are signatories to agreements establishing these organisations·. Thus, rules based trade in SADC should be understood from a regional, continental and global perspective where a community must have well-structured and managed relations between itself and other legal systems as a necessary condition for its effectiveness. These structured relations refers to a legal and institutional framework that defines the relations between community and national laws, spelling out the modalities for implementing community law in Member States, defines the respective competencies of the community and Member States and provide rule based systems for resolution of conflicts. In setting the scene for an in-depth discussion of the legal and institutional framework for regional economic integration in SADC, this study presents the history of SADC, its political and economic characteristics that have shaped the legal aspects of trade within the region, the continent of Africa and the world at large. Within this context, the definition of regional integration is presented from a general and international understanding but ultimately gets narrowed down to what it means for Africa and SADC. The discussion on the · theories behind regional economic integration gives understanding to the integration approach employed in the organisation. South Africa's economic and political leadership is critical in the realisation of economic integration; hence this study acknowledges that without South Africa's full commitment; regional economic integration will suffer .a setback. Besides the challenge of implementing rules based trade in SADC, this study also identifies a number of obstacles to SADC regional economic integration and multiple memberships are identified as a: major stumbling block. A comparative study of SADC's institutional framework with that of the E1;Jropean Union· (EU) is undertaken to establish the rationale behind SADC's choice of utilising the EU model of integration. This study establishes the critical role institutions play in the implementation of treaty obligations as established by the agreements. The main lesson from this comparative study is that the EU institutions are allowed to fulfill their obligations of implementing treaty provisions, while SADC institutions are handicapped. The future of SADC is presented within the context of a set of recommendations that identifies the tripartite free trade area (FTA) that includes the East Africa Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA) as one of viable legal instrument for deeper integration in SADC and the continent of Africa. General recommendations are made on the need for reform of rules and principles that are necessary for the implementation of SADC Treaty regime as well as possible improvements that are important for the full realisation of regional economic integration. / PhD (Law), North-West University, Potchefstroom Campus, 2012

This study is non-empirical and its design is based on three forms of analysis: conceptualisation, theoretical justification and strategic considerations for a participatory model in the water services sector in South Africa. In terms of the conceptualisation, the study addresses the old and new paradigms of sustainable development. First, it argues that for many years the concept of sustainable development has long dominated the development discourse. Second, the theoretical justification traces the evolution and meanings of sustainable development and also patterns and trends of the legacies of colonialism and apartheid. The descriptive analysis of apartheid and colonialism suggests a new development path for inclusive people-centred development. The study therefore postulates that in the South African context, sustainable development is both a political and a historical construct. This is the basis within which sustainable development should be understood. Third, the study concludes that context plays an important part in understanding and challenging the immoral and unjust practices of colonialism and apartheid which have militated against sustainable human development. The study further provides a description of the local government and water sectors and their underpinned legislative and policy framework, and notes impressive results in the delivery of basic water supply since 1994. However, the study argues that in order for municipalities to fulfil their constitutional responsibilities as water services authorities, they need to adopt a participatory model towards sustainable development since this is currently lacking. In doing so, the water services sector needs to overcome dangers of parochialism which were more evident from the supply-driven policy of the government. The study therefore draws lessons from three Latin American countries: Chile, Bolivia and Nicaragua, and proposes a new developmental path which conforms to the principles of sustainability. This development path is represented in the form of a dynamic, diagrammatic model for participatory sustainable development. This model displays successive stages and cycles of transaction between stakeholders. The model represents a decision support system which provides a conceptual framework for the diagnosis, consolidation and analysis of information. The model is thus a useful tool which can be applied in the public sector during project or programme implementation. / Development Studies / D. Litt. et Phil. (Development Studies)

Thesis (MPA (School of Public Management and Planning))--Stellenbosch University, 2008. / Since 1994, the newly elected democratic government of the Republic of South Africa, starting with the government of National Unity, has introduced various policies and legislation in an endeavour to place the country on a path to recovery after the demise of apartheid. The national government has placed this responsibility in the hands of municipalities, or local government as they are commonly referred to. As a result, municipalities have an active duty to create conducive environments to enable local communities to participate in the preparation, implementation and review of their Integrated Development Plan (IDP). The purpose of this study is to assess the public participation of Rosendal-Mautse, one area among the five towns that comprise Dihlabeng Municipality, in the IDP process of Dihlabeng Municipality. In view of the anthology of legislation governing “public participation” at local government level, the study poses two hypotheses, which were tested against the data collected. Furthermore, two additional research questions were formulated to guide the research process. Results of the research are provided in a way that will enable the reader to draw his or her own conclusions on the value of this study. The literature review on international understanding and practices of public participation suggest that participation has grown and that its role has extended in development. This has resulted in the birth of new approaches that cut across theory, policy and practice, with each approach in turn producing its own trajectory and contextual specificities that are characterised by unique debates and empirical evidence. Municipalities are currently burdened with the responsibility to achieve socio-economic goals associated with public participation. However, despite compliance with legal requirement for public participation, only an appropriate knowledge of the process leading to meaningful participation and the relevant skills hold the key to success in this quest to reconstruct and develop the country where all will live a better life.

Cette thèse croise les concepts de planification, de gouvernance et de transit-oriented development (TOD) par une étude de la production, de la mise en débat et de l'adoption du plan métropolitain d'aménagement et de développement (PMAD) de la Communauté métropolitaine de Montréal (CMM). Elle expose les résultats de quatre années de recherche qualitative sur les impacts de l'épisode du PMAD et de la stratégie TOD de la CMM sur les pratiques planificatrices et les processus décisionnels du Grand Montréal à l'échelle métropolitaine. Elle révèle que la planification métropolitaine et l'objectif de coordination du transport et de l'aménagement en général ainsi que le PMAD et le concept de TOD en particulier y sont des instruments de gouvernance. Les chapitres 2, 3 et 4 présentent la problématique, le terrain d'enquête et la démarche méthodologique de cette recherche. Le chapitre 5 relate l'épisode du PMAD en analysant son contenu, les procédures par lesquelles la CMM l'a produit, mis en débat et adopté, les réactions des parties prenantes de la région quant à ces aspects et la façon dont elles comptent assurer le suivi de sa mise en œuvre. Le chapitre 6 illustre comment cet épisode a fait du PMAD un instrument de gouvernance pour le Grand Montréal en décortiquant le rôle de la participation publique, des médias, des acteurs des milieux régional et local, des élus, de la CMM et de la société civile de la région au sein de ce processus de changement de registre de la planification et de la gouvernance les déployant sur des bases plus stratégiques et collaboratives. Le chapitre 7 montre que cet épisode a aussi fait du TOD un instrument de gouvernance pour le Grand Montréal en détaillant les tenants et aboutissants du processus d'appropriation, de marchand(is)age et d'instrumentalisation du concept par les élites politiques et techniques à des fins de marketing territorial et de construction de capital politique ouvrant la voie à la stabilisation d'une gouvernance en matière d'aménagement métropolitain. Il se dégage de cette thèse que ces profondes transformations que subissent actuellement la planification et la gouvernance exacerbent le caractère symbiotique de la relation qui les unit. / This dissertation crosses the concepts of planning, governance and transit-oriented development (TOD) through a study of the production, debate and adoption of the Montreal Metropolitan Community (MMC)'s Metropolitan Land Use and Development Plan (MLUDP). It presents the results of four years of qualitative research on the impacts of the MMC's MLUDP episode and TOD strategy on the Greater Montreal Area's metropolitan planning practices and decision-making processes. It reveals that metropolitan planning and the transportation-land use coordination objective in general as well as the MLUDP and the TOD concept in particular are governance instruments for the region. Chapters 2, 3 and 4 present the problem, field of investigation and methodology of this research. Chapter 5 describes the MLUDP episode by analysing its content, the procedures by which the MMC produced, debated and adopted it, the area’s stakeholders' reaction to these issues and how they intend to ensure the monitoring of its implementation. Chapter 6 illustrates how this episode has made the MLUDP a governance instrument for the Greater Montreal Area by scrutinising the role of public participation, the media, stakeholders of the local and regional scales, the elected officials, the MMC and the area's civil society in this process of registry change for planning and governance deploying them on more strategic and collaborative bases. Chapter 7 shows that this episode also made TOD a governance instrument for the Greater Montreal Area by detailing the ins and outs of the process of appropriation, bargaining/merchandising and instrumentalisation of the concept by the political and technical elites for territorial marketing and political capital construction purposes paving the way for the stabilisation of a governance on metropolitan land use and development. It emerges from this dissertation that the profound transformations currently affecting planning and governance exacerbate the symbiotic nature of the relationship that unites them.

Past development efforts in the Kingdom of Tonga are reviewed in relation to the goals of reducing poverty, unemployment and inequality. It is shown that progress has been strictly limited and evidence is provided to support the view that inadequate attention has been paid to agricultural improvement and rural development. The components, practices and institutional framework of the Tongan agricultural system are reviewed and possible future avenues of agricultural development are examined. Attention is drawn to those aspects where improvements are needed if agricultural development is to be promoted. These include an expanded programme of research, an upgrading of the agricultura1 extension effort, an overhaul of the 1and tenure system and a substantial improvement in agricultural product marketing; or, in short, an integrated programme of agricultural improvement and rural development. From a planning viewpoint, there is evidence of inadequate elaboration of development objectives, superficial identification of resources and insufficient knowledge concerning resource interactions, all of which have created confusion and uncertainty, particularly as regards the role of agriculture in the Kingdom's development. As a result, there is a lack of commitment to development efforts generally, and a tendency for activities on the fringes to be pursued at the expense of more fundamental issues. It is concluded that this situation results largely from the lack of an adequate information base, and that before an integrated plan for agricultural improvement can be developed, the network of interrelationships operating within the agricultural system needs to be understood. An information system is developed with the basic aim of providing information which will facilitate an understanding of how the agricultural system is integrated into the everyday lives of the people of Tonga. The concept adopted recognises the reciprocal relationships involved between agriculture and the rest of the economy. Using a systems research framework, the Tongan household agricultural system is defined in terms of its component parts, their interactive behaviour and their interrelationships. The key variables required for analysis are isolated and the production relationships in which rural households participate are specified. The information system provides for the observation of household decision making with particular reference to the allocation of labour, land use and the disposal of farm produce, and the disposition of cash earnings. The information framework is based on the premise that land is the most critical resource in Tongan agriculture. Information requirements are specified which will enable an assessment to be made of the effect of a number of factors on 1and productivity. The data collected will also enable valuable insights to be gained into issues such as land utilisation and methods of production; composition and disposition of agricultural output; household food consumption; marketing of agricultural produce; land tenure; sources of household income; net incomes from agriculture; participation in aid projects; and utilisation of loan finance.

台灣近十幾年來，社區凝聚意識高漲，各地區的非營利組織也紛紛在社區裡建立緊密的網絡以利互助交流。由於外在競爭者陸續的增加，使得社區型非營利組織必須具備更高的動員性，而為了募集更多的人力和資源，在申請和執行政府補助計畫的方面，也必須保持積極的態度。政府和社區型非營利組織要建構成功的夥伴關係，不僅與政府的政策規劃和執行有關，也與社區型非營利組織本身的特性和運作方式息息相關，故兩者間的協力關係呈現多樣化的面貌。 本研究以基隆市五個執行多元就業開發方案社會型計畫，但發展背景與執行成效有差異的社區發展協會為主要研究對象，探討這五個社區發展協會所發揮之功能與面臨的困境，以及參與多元就業開發方案中與政府的協力關係。 研究發現：（一）社區發展協會功能受限以及面對諸多問題；（二）社區發展協會參與多元就業開發方案帶來正面能量；（三） 社區發展協會參與多元就業開發方案與政府形成合作的模式；（四） 社區發展協會與政府所達成的協力互動關係因組織特質不同而有差異。 研究建議：（一）社區型非營利組織方面：社區發展協會應爭取多方資源，規劃學習型組織以及善用組織行銷（二）公私協力關係方面：社區發展協會應保持自主原則、社區發展協會領導人態度需正面積極、政府部門應以公平的態度對待每個單位、建立平等互惠的協力關係。（三）政策方面：透過社區附權來引導社區組織激發出更多想法與特色，並化為社區實際的能力。 / Over the past few decades, the consciousness of community has surged, the non-profit organizations also have built close network to enhance interaction in the community. Since the numbers of outside competitors have increased, the community non-profit organizations must have higher mobility. To gather more labor and resource, they must stay positive to apply for and execute the government grant programs. To establish a successful partnership between the government and the community non-profit organization, it is about not only the government’s policy and execution, but also the features of the community non-profit organization itself, and its operation way. Therefore, the cooperation of the two has appeared to be diverse. This study takes 5 community development associations which with same execution of multi-employment development social type plan, but different in developing background and executive efficiency as research subjects. Discuss the functions of the 5 communities and difficulties they have encountered, and the cooperation from government in the participation of multi-employment development plan. The research shows that: 1. The function of community development association is limited and also there are many problems they have encountered. 2. The community development association would bring positive energy by participating in multi-employment development plan. 3. The cooperation model between the government and community development associations that participate in multi-employment development plan. 4. There will be differences in the cooperative interaction due to the different organization features of the community development associations and the government. There are four suggestions: 1. For the community non-profit organization: The community development associations should strive for different resources, planning the learning organization and use the organization marketing well. 2. Public and private cooperation: The community development associations shall keep the principle of autonomy, the attitude of leader of the community development association has to be positive and aggressive, and the government shall treat every unit fair and establish the equality and mutual benefit of the cooperation. 3. Policy: By community empowerment lead and inspire the community organization with more thoughts and features, making it the practical power of the community.

This dissertation examines the relationship between PDE-School and the evolution of the Index of Basic Education Development (IDEB) in Maceió, in the years 2007 to 2011 The IDEB was instituted as an index that measures the quality of Brazilian education, and PDE-school constitutes a management strategic planning process, aimed at providing financial support school units, and is coordinated by the school's leadership and developed in a participatory manner by the school community, with the goal of improving the management of the school improve the quality of education it offers and ensure greater efficiency and effectiveness in the processes it develops. In this research, we sought to answer the following question: schools that are receiving PDE-School feature are raising your IDEB? Thus, the work was characterized by a qualitative approach, with the object of study of the evolution of the relationship IDEB with PDE-School. The methodology used to collect data was the analysis of bibliographic and documentary analysis. Systematization of data as a parameter had drawn up by the MEC / INEP, among them, laws, decrees, orders, manuals, reports and plans. The organization of the study was structured into four sections: the first deals with the State Reform and its impact on Brazilian Educational Policy, in 1990; the second, the issue of quality in education policy in Brazil; the third addresses the PDE-School and IDEB: concepts and implementation in the school context, and the fourth section discusses the Education Policy in Maceio elements for analysis of PDE-School and IDEB. This work shows to be relevant to the area of policy and management education, the extent of explicit contradictions own educational policy and quality of education within the school units. The results demonstrated that it can not join the rising IDEB Public Schools Maceió, in the years 2007-2011, the receipt and application of resources of the PDE-School. / A presente dissertação analisa a relação entre o PDE-Escola e a evolução do Índice de Desenvolvimento da Educação Básica (IDEB) em Maceió, nos anos de 2007 a 2011. O IDEB foi instituído como um índice que mede a qualidade da educação brasileira, e o PDE-Escola se constitui em um processo gerencial de planejamento estratégico, que visa dar suporte financeiro as unidades escolares, e é coordenado pela liderança da escola e desenvolvido, de maneira participativa, pela comunidade escolar, com o objetivo de aprimorar a gestão da escola, melhorar a qualidade do ensino que oferece e garantir maior eficiência e eficácia nos processos que desenvolve. Nesta pesquisa, buscou-se responder a seguinte questão: as escolas que estão recebendo o recurso PDE-Escola estão elevando o seu IDEB? Assim, o trabalho caracterizou-se por uma pesquisa de abordagem qualitativa, tendo como objeto de estudo a relação da evolução do IDEB com o PDE-Escola. A metodologia utilizada para a coleta de dados foi a de análise de bibliografias e análise documental. As sistematizações dos dados tiveram como parâmetro os documentos elaborados pelo MEC/INEP, dentre eles, leis, decretos, portarias, manuais, relatórios e planos. A organização do estudo foi estruturada em quatro seções: a primeira trata da Reforma do Estado e seus impactos na Política Educacional Brasileira, nos anos de 1990; a segunda, a questão da qualidade nas Políticas Educacionais no Brasil; a terceira aborda o PDE-Escola e o IDEB: concepções e implantação no contexto escolar, e a quarta sessão trata da Política Educacional em Maceió: elementos para análise do PDE-Escola e do IDEB. Esse trabalho mostra-se relevante para a área da política e gestão da educação, na medida em explicita contradições da própria política educacional e qualidade da educação no âmbito das unidades escolares. Os resultados demonstraram que não se pode associar a elevação do IDEB das escolas públicas de Maceió, nos anos de 2007 a 2011, ao recebimento e aplicação dos recursos do PDE-Escola.

This study is non-empirical and its design is based on three forms of analysis: conceptualisation, theoretical justification and strategic considerations for a participatory model in the water services sector in South Africa. In terms of the conceptualisation, the study addresses the old and new paradigms of sustainable development. First, it argues that for many years the concept of sustainable development has long dominated the development discourse. Second, the theoretical justification traces the evolution and meanings of sustainable development and also patterns and trends of the legacies of colonialism and apartheid. The descriptive analysis of apartheid and colonialism suggests a new development path for inclusive people-centred development. The study therefore postulates that in the South African context, sustainable development is both a political and a historical construct. This is the basis within which sustainable development should be understood. Third, the study concludes that context plays an important part in understanding and challenging the immoral and unjust practices of colonialism and apartheid which have militated against sustainable human development. The study further provides a description of the local government and water sectors and their underpinned legislative and policy framework, and notes impressive results in the delivery of basic water supply since 1994. However, the study argues that in order for municipalities to fulfil their constitutional responsibilities as water services authorities, they need to adopt a participatory model towards sustainable development since this is currently lacking. In doing so, the water services sector needs to overcome dangers of parochialism which were more evident from the supply-driven policy of the government. The study therefore draws lessons from three Latin American countries: Chile, Bolivia and Nicaragua, and proposes a new developmental path which conforms to the principles of sustainability. This development path is represented in the form of a dynamic, diagrammatic model for participatory sustainable development. This model displays successive stages and cycles of transaction between stakeholders. The model represents a decision support system which provides a conceptual framework for the diagnosis, consolidation and analysis of information. The model is thus a useful tool which can be applied in the public sector during project or programme implementation. / Development Studies / D. Litt. et Phil. (Development Studies)

At the dawn of democratic rule in the period 1994–1998, South Africa concluded 15 bilateral investment treaties (BITs), mostly with European nations. Some of these treaties were concluded before the Constitution of 1996. The country has since concluded a total of 47 BITs, with the majority not in effect as they were not ratified per the required constitutional processes. The policy decision to enter into BITs was taken by the African National Congress (ANC) government, led by the late former state president Nelson Mandela. The BITs were seen as an important guarantee to attract foreign investment into the country. The aim was to provide added assurance that foreign investments were safe in a democratic South Africa after many years of international isolation and sanctions. The conventional wisdom at the time was that BITs would increase foreign investor appetite to invest and the country would experience rising levels of foreign direct investment (FDI) as a result. This would facilitate economic growth and the transition of the country into the global economy. South Africa concluded BITs with seven of the top ten investor countries. In October 2013 the South African government cancelled a number of BITs with these European countries invested in South Africa. These countries – namely Belgium, Luxembourg, Spain, Switzerland, Germany and the Netherlands – complained of lack of consultation by the South Africans. On 1 November 2013 the Minister of Trade and Industry published, in Government Gazette No 36995, the Promotion and Protection of Investment Bill (PPIB or Investments Bill) as the proposed primary legislative instrument for the protection of foreign investments. This created much uncertainty among many European nations as well as in the United States of America (US), who were concerned about the motivation for cancelling bilateral treaties in favour of domestic legislation. BITs had been a part of the policy instruments regulating foreign investments in the country for over 20 years. Globally these treaties have been used to regulate foreign investments in a number of areas, and to provide protection to investments such as full protection and security, guaranteed pre-establishment rights, ease of repatriation of funds, most-favoured nation, fair and equitable treatment, national treatment and efficient dispute settlement mechanisms, among other provisions. In most cases international arbitration via the International Centre for the Settlement of Investment Disputes (ICSID) and other international arbitral mediums has been a standard provision in the treaties. This has allowed foreign investors to bypass host countries’ legal systems. The latter is believed to be a significant inducement for foreign investors, guaranteeing that should a dispute arise, or if an expropriation occurs, the investor could institute an international arbitral process against the host government. International arbitration is preferred by foreign investors for the reason that, in some cases, domestic courts may lack independence from the state, and may make partial rulings that do not protect investors. Furthermore, international arbitration processes are more efficient and produce rulings faster than domestic courts, which are usually burdened with bureaucratic procedures and limited resources. In cases where delay exacerbates injury, prompt resolution of disputes is preferable. This study evaluates the Investments Bill and the rationale applied by the government of South Africa to cancel BITs with major trade and investment partners in favour of this legislation. The thesis focuses on the Investments Bill, in light of the objective provided by the Department of Trade and Industry (DTI) for its enactment to law. The Investments Bill is subjected to a constitutional analysis to determine its compliance therewith. Comparisons are also made between the Investments Bill provisions and the prevailing international law principles on foreign investments. The Investments Bill is then critically evaluated against emerging trends on FDI regulation on the African continent to determine its congruence or lack thereof with best practice recommendations at regional economic community (REC) and African Union (AU) level. The thesis concludes with a set of policy recommendations to the DTI on how to improve South African policies related to the regulation of foreign investments taking into account the national imperative as well as Southern African Development Community (SADC) and other broader African continental objectives of harmonisation of FDI regulation, including the Tripartite Free Trade Area (FTA) implementation. The timing of this thesis is significant for South Africa. It adds to various deliberations that are taking place as the Investments Bill is set to makes its way through the legislative approval processes in 2015. The Bill has been met with opposition from some segments of society. Others have expressed support – including several state departments, the ANC, the South African Communist Party (SACP) and other political formations. The summary of findings contained in the thesis will be presented to the DTI to influence policy directions of the state in terms of foreign investment regulations. Should the Bill be enacted, the Minister of Trade and Industry is required to promulgate the dispute resolution mechanism that will govern investment disputes. The findings of this study will be important to the determination of how such dispute resolution mechanisms may function. Furthermore, in 2010 Cabinet instructed the DTI to develop a model new-generation BIT Template to be utilised by South Africa, should a compelling reason arise to enter into bilateral agreements. The research results will assist policy-makers to develop policies that are consistent with and align with the overarching Africa strategy that has been heavily promoted by South Africa. The country faces a number of challenges, particularly those related to low economic growth, high levels of poverty, unemployment and record levels of inequality. The gap between the rich and poor, in terms of the Gini coefficient, was 0,67 based on the World Bank Development Research Group Report of 2010. It is reported as one of the highest in the world and is believed to have worsened since the dawn of democracy. / Public, Constitutional and International Law / LL. D. (Public, Constitutional and International Law)

The thesis is aimed at an analysis of marketing organizations within the frame ot the Common Agricultural Policy. Marketing organizations are one ot the forms of co-operation and these are usually horizontal co-operation, i.e. at the same level ot the logistics chain. This form of co-operation is called marketing organizations or marketing co-operatives in the agrarian sector. Voluntary grouping of farmers into marketing organizations is common both in the Czech Republic and within the whole European Union. To conclud the thesis, it can be said that the existence of co-operation is very important for functioning of agriculture and that agribusiness without any membership in any co-operative association is often very difficult.