The topic of this thesis is the development of Infraction Law throughout time. The objective of the thesis is to provide a general outline of when the current Czech Law adopted the legislation for infractions and the form the Infraction Law (both procedural and material) took in its later developmental phases. Another objective of the thesis is to determine what changes have been introduced into the Infraction Law throughout time. The sources I used to prepare this thesis were the relevant legal documents specifying the legal regulations of Infraction Law, the available periodical literature, as well as the judicial decisions issued in this legal area. The thesis is divided into six chapters in total. The first chapter defines two of the basic important concepts. The second chapter provides a chart of the development of Infraction Law since its conception in the year 1787 until the formation of the Czechoslovak Republic in the year 1918. This chapter is further subdivided into three sections. The first section describes Infraction Law during its first developmental phase, which is the time its formation took place. The second section presents a map of the development of Infraction Law in the period between 1803 and 1852. Last but not least, the third section is dedicated to the development of...

Thesis (Ph. D.)--University of Georgia, 1990. / Includes bibliographical references (leaves 224-238).

In 1965, amid antagonism between capital-importing and capital-exporting states over investment protection, the World Bank created ICSID. ICSID facilitates the resolution of disputes between foreign investors and states. Since major initiatives to create investment rules have failed within the UN and OECD, ICSID is the only successful attempt to create a multilateral, inter-state organization dedicated to investment. This thesis probes the intellectual, political, and economic forces behind the creation and early development of ICSID. This study combines archival work, oral histories, and interviews with econometric work. On this basis, it illuminates how ICSID's creators-mainly staff in the World Bank's Legal Department-adapted their ideas to suit the charged political context. When disseminating the idea of ICSID to states, they relied on ambiguity, expertise, and incrementalism. These three characteristics constitute an approach to organization building that I term "modest multilateralism" since the World Bank's President praised ICSID as "a modest proposal." By illustrating how this approach operated in ICSID's case, I generate insights that are applicable to other international organizations. ICSID's creation differs from the expectations of institutionalist IR theory in important ways. First, there was little state leadership, and ICSID's founding Convention is devoid of substance-it merely outlines a procedure. In this way, it takes the idea of ambiguity to its extreme. Second, ICSID's founders took steps to shield the organization from the politics of investment protection: they asked states to send legal experts, not elected representatives, and avoided deliberative debate. Third, ICSID's design was explicitly evolutionary. ICSID can operate alongside changing substantive rules-multilateral, bilateral, or domestic. Finally, contrary to previous accounts, in this thesis the ICSID Secretariat emerges as a dynamic agent. The Secretariat actively pursued ratifications and advance consents to investor-state arbitration. The creation of ICSID fostered a community of practice, which subsequently redefined international investment law through treaty making and arbitral practice.

Why should a legal scholar be interested in development plans? The present work begins and evolves with such question in mind. In order to provide an answer, the research focuses on certain major epiphanies of modern development planning and tries to isolate their legal characters. Therefore, the first issue to be addressed is the identification of “legal models” of development planning. The legal nature and legal effects of planning acts is still not clear and moves along fuzzy borders between traditional categories of mid-twentieth century planning (socialist and nonsocialist) and modern soft law planning documents and guidelines. In the first place, the research will try to assess the notion of planning in a legal perspective as well as the legal features of the planning acts/planning norms. The objective of this phase is to decide whether or not, and to which extent, socio-economic development planning may be thought of legally. In order to do so, I will carry out an analysis from the perspective of legal anthropology. In the second place, the research will focus on the definition of the legal features of modern development planning in the People’s Republic of China, through the analysis of the relevant legal formants, with the purpose of determining whether or not the identification of a Chinese “development planning law” is logically feasible. In the third place, I will question and verify the existence of development planning acts and norms in European Law. The purpose of the phase is on one hand to reconstruct and define the legal value of the regulatory framework for the functioning of European development policies. On the other hand, at this stage certain categories and practical solutions verified on the “Chinese front” may be applied to the European context. In the fourth place, i.e. in the conclusive chapter, I will try to draw some results of the comparative analysis carried out, as well as to trace an evolutionary pattern, determining how legal models of development planning affect, on a global scale, the changes in the role of the state in its relationship with the market.

Morocco is oftentimes praised by academics, development workers, and women’s rights activists as a trailblazer for the empowerment of women in the Middle East and North African region. Its reforms in the realm of family legislation and progress made in human development place the country at the helm of liberalising Arab Muslim-majority societies, even more so after the Arab Spring and Morocco’s peaceful transition to a ‘new’ constitutional order. However, a closer look at women’s rights discourses, legal reforms, its texts and implementation, and the public attitudes towards the enhancement of women’s rights reveals a less empowering situation. The purported goals of the Family Code, as the extolled document showcasing Morocco’s attempt at ameliorating (married) women’s rights, of ‘doing justice to women’ while ‘preserving men’s dignity’ mask the reformed law’s reconsolidation of patriarchal family relations. Many legal grey areas within this particular law, as well as clashing principles emanating from other laws such as the Penal Code, allow judges and the ʿaduls (religious notaries) to exercise discretion and apply the law as they see fit and, to a large extent, as it conforms to their and the community’s vision of the ideal moral order. Moreover, because ‘doing justice to women’ affects men’s and family’s honour, the project of the enhancement of women’s rights has had as a result retraditionalisation of family relations and hierarchical gender structures. Nowhere is this more poignant than in the status of educated single adult girls from provincial areas. They may be poster girls for the development community, but they are pitied by their own communities because they fail to become complete women––married (non-employed) mothers. The story of Morocco’s professed progress is a story of empowering its citizens, but one which does so on paper only. It is also a story which hides the salient details of poorly written reformed laws, obstructed access to justice, continuing widespread misogyny, material poverty and social marginalisation, and cohesive socio-economic programmes, which are rarely followed through.

The application of a transfer of development rights (TDR) programme is a concept which has been used, both formally and informally, by regulators of development, as a mechanism to protect areas of historical, cultural, ecological, agricultural and environmental importance. The application of a TDR programme requires definition of a TDR boundary and the identification of sites within such area which are capable of sustaining development (receiving sites) and sites that are not suited to development (sending sites). A TDR programme serves to protect the natural environment; preserve historical and cultural diversity; and, strives to achieve an equitable spread bf development opportunities amongst property owners in a given area. There are those involved with current development planning policy within KwaZulu-Natal who propose that the planning legislation should formally incorporate TDR regulations into the KwaZulu-Natal Planning and Development Act (Act 5 of 1988). TDR programmes in KwaZulu-Natal have been applied in a limited sense and in an informal manner. To date, no area in KwaZulu-Natal has been formally designated as a TDR area and the formal implementation and the feasibility of instituting a TDR programme has not been tested. It is suggested that within an area where environmental, agricultural, historical or cultural significance has been identified an opportunity for the application of a TDR programme exists. The planning and implementation of a TDR programme within a designated area provides an opportunity for integrated and sustainable development to occur. Within a defined TDR area the parameters for development capacities are agreed to upfront through negotiation between property owners, approving authorities and interested and affected parties. Consequently the possibilities of over or inappropriate development levels within the defined special area are significantly reduced. It must be noted that TDR programmes are area specific and therefore should only be applicable in areas which are of significant agricultural, environmental, historical, cultural and ecological value. This thesis identifies a possible areawhere a TOR programme could be applied. It was thought appropriate that the pilot area should be one which is environmentally sensitive and where only limited development has been permitted. The Midmar Area of Controlled Subdivision, situated north of Pietermaritzburg in the KwaZulu-Natal Midlands provides an ideal opportunity where a TDR model could be examined and developed. In essence, this thesis defines TDR programmes and includes a brief investigation into international application of TDR programmes. In particular, it examines the application of a TDR programme at Lake Tahoe in the United States to illustrate the possible levels of sophistication that such a programme may achieve. It outlines the legislative framework in terms of which a TDR programme may be implemented for the study area. An overview of the current situation of the Midmar Area of Controlled Subdivision is presented which includes a summary of the attributes of the area; the current development pressures it faces; and, planning initiatives impacting on the Midmar Dam and its surrounds, all of which inform the study. The thesis also examines how and whether the implementation of a TOR programme could be successfully achieved. The study concludes that the Midmar Area of Controlled Subdivison would form an ideal foil on which to test the application of TOR programmes in KwaZulu-Natal. A set of recommendations which would form the basis for the implementation of a TOR programme in the Midmar Area of Controlled Subdivision is provided. The thesis does not attempt to identify each individual parcel of land which should be ascribed receiving or sending site status as this would require further in-depth study by various specialists. / Thesis (M.Env.Dev.)-University of Natal, Pietermaritzburg, 2001.

De nombreux travaux ont été réalisés sur la franc-maçonnerie, son histoire et ses pratiques, mais aussi sur son influence au XVIIIème siècle. Cependant, aucune recherche universitaire n’a été menée sur son activité au cours des XXème et XXIème siècles. Organisation discrète, la franc-maçonnerie compte aujourd’hui un peu plus de 6 000 000 de membres à travers le monde et a toujours été significativement présente au sein des gouvernements français. Il n’est aujourd’hui plus contesté qu’elle a marqué de son empreinte les combats pour la laïcité de l’enseignement, la liberté d’association ou la séparation de l’Eglise et de l’Etat. Néanmoins, à l’heure actuelle, on doute parfois de la réalité de cette influence. Les lois relatives à la contraception, à l’interruption volontaire de grossesse ou encore, plus récemment, à la bioéthique ou à l’interdiction du voile intégral sont pourtant toutes réputées avoir reçu le soutien de la franc-maçonnerie. De la pure et simple rédaction dans des loges d’un texte voté ultérieurement, à la fameuse coalition parlementaire, sans oublier les innombrables ministres réputés maçons, l’influence des obédiences prendrait des formes diverses. Ce travail a pour objet de démontrer la réalité de cette influence tout en en déterminant les spécificités : son identité, son fonctionnement, mais aussi son but et certaines de ses techniques la distinguent des autres auteurs d’influence. Ensuite, cette recherche s’attache à vérifier l’adéquation de la qualification de groupe d’intérêt que revendique la maçonnerie. La démarche adoptée emprunte aux outils proposés par la sociologie juridique, l’influence de la maçonnerie apparaissant comme un phénomène social, comptant parmi les causes de ces lois. En outre, le recours aux données statistiques, comparatives, historiques, à l’entretien, ainsi qu’à la légistique a permis de pallier les lacunes qu’auraient laissées les seules recherches bibliographiques. / A lot of research work has been carried out about Freemasonry, its history and its customs, but also about its influence in the 18th century. Nevertheless, no academic research has been led on its activity during the 20th and 21st centuries. Freemasonry, a discreet organisation, is nowadays composed of a little more than 6,000,000 members around the world and has always been significantly present within the French governments. No one now denies that it has left its mark in the fights for school secularism, freedom of association or the separation of Church and State. However, currently, the reality of its influence is sometimes put into question. The laws pertaining to contraception, voluntary termination of pregnancy or, more recently, bioethics or the ban on the full veil, are however all well-known for having received the backing of Freemasonry. From the sheer writing in the lodges of a text which is to be voted in at a later stage to the famous parliamentary coalition, as well as the countless ministers who are well-known for being freemasons, the influence of the Masonic Obediences is said to take various forms. This work’s objective is to check the reality of this influence while determining its specificities: its identity, its workings, but also its purpose and some of the techniques used make it different from those written by other influential authors. Moreover this research also aims at checking that the classification claimed by Freemansonry as an interest group is adequate. The approach chosen required the use of the tools suggested by legal sociology, since the influence of Freemasonry appears as a social phenomenon, being one of the causes of these laws. Besides, the use of statistical, comparative and historical data, of interviews as well as legal drafting has made it possible to fill in the gaps that would have remained if only bibliographic sources had been used.

Als Triumph der Open Source Bewegung wurde im vergangenen Jahr das Urteil des Landgerichts München I1 gefeiert, das als weltweit erste Gerichtsentscheidung der General Public Licence (GPL) rechtliche Verbindlichkeit zusprach und einem Sofwarehersteller die kommerzielle Verwertung eines unter der GPL stehenden Computerprogramms ohne Quellcodeweitergabe untersagte.

Status and Role of New Human Rights in International Law This diploma thesis compares three methods which have been used so far in the creation of new human rights in international law. The first chapter establishes the theory of the creation of new human rights in international law. It is claimed that all new human rights have been created by one of the following three methods: the adoption of an international treaty; the interpretation of an internetional treaty; or the adoption of a declaration. The second chapter provides definitions of a notion of human rights and determines a notion of new human rights as those rights which are not expressed in the International Bill of Human Rights. The distinction of human rights by generations is rejected. The third chapter summarizes the sources of international human rights law, which are international treaties, international custom and general principles of international law. Further, the third chapter shows the significance of peremptory norms and soft law instruments for international human rights. The fourth chapter deals with the first method of creating new human rights, i.e. adoption of international treaty. This method is presented through the Convention on the Rights of Persons with Disabilities and the right to live in community. The formulation...