Le contrat d’assurance est un contrat synallagmatique. L’éthique en la matière impose l’exécution loyale de la convention par la fourniture des prestations réciproques incombant aux parties. Il s’agit, pour le souscripteur, de verser une prime en échange de la garantie, et pour l’assureur de garantir les conséquences de l’événement aléatoire prévu au contrat. Le prix de l'assurance est de ce fait la contrepartie de la garantie du risque pris en charge par l'assureur. Vu sous cet angle, l’assureur est le partenaire privilégié de l’assuré dans sa protection contre les risques de la vie quotidienne. Mais il peut arriver que, sans justification, l’une des parties ne fournisse pas la prestation pour laquelle elle s’est engagée. Dans ce cas, elle se rend coupable de manquement contractuel, autrement qualifié d’inexécution du contrat.Le droit camerounais des assurances issu de la réforme du 10 juillet 1992 qui met sur pied la Conférence Interafricaine des Marchés d’Assurances ne dispose pas d’un régime unifié de l’inexécution du contrat d’assurance. Toutes les violations de l’engagement ne sont pas toujours sanctionnées. Les solutions existantes sont, soit limitées, soit exposées sans véritable hiérarchie entre remèdes de premier rang et solutions subsidiaires. De plus, la répartition des pouvoirs tend à accentuer l’inégalité entre la compagnie d’assurance et l’assuré. De ce point de vue, la réforme, qui a pourtant relativement modernisé les règles jusque là applicables, n’a pas totalement mis fin aux problèmes que soulève l’exécution des contrats d’assurance dans les États parties. La jurisprudence elle-même ne fournit pas toujours des solutions adéquates pour compléter l’œuvre du législateur. Cette situation qui est une véritable source de difficultés tant pour les cocontractants que pour les juges pouvant être appelés à trancher les différends, rend incertain le régime de traitement de l’inexécution.La question mérite alors d’être profondément repensée afin de trouver les meilleures solutions pouvant permettre de garantir les intérêts des parties en présence et, par voie de conséquence, favoriser le développement de l’industrie nationale, voire sous-régionale, des assurances. / The insurance contract is a bilateral contract. Ethics in this matter requires the fair execution of the agreement through the provision of reciprocal services incumbent upon the parties. For the subscriber, this means paying premiums in exchange for the guarantee and for the insurer to guarantee the consequences of the random event provided for in the contract. The price of the insurance is therefore the counterpart of the guarantee for the risk assumed by the insurer. Seen from this angle, the insurer is the insured's privileged partner in its protection against the risks of daily life. But it can happen that, without justification, one of the parties does not provide the service for which it has committed itself. In this case, it is guilty of contractual breach, also known as breach of contract.The Cameroonian insurance law resulting from the reform of July 10, 1992 which sets up the Inter-African Conference of Insurance Markets does not have a unified regime of non-performance of the insurance contract. Not all breaches of the commitment are always punished. Existing solutions are either limited or presented without any real hierarchy between first-tier remedies and subsidiary solutions. Moreover, the distribution of powers tends to accentuate the inequality between the insurance company and the insured. From this point of view, the reform, which has, however, relatively modernized the rules hitherto applicable, has not completely put an end to the problems raised by the implementation of insurance contracts in the States Parties. The case-law itself does not always provide adequate solutions to complete the work of the legislator. This situation, which is a source of difficulties both for contracting parties and for judges who may be called upon to settle disputes, makes the regime for dealing with non-performance uncertain.The issue then deserves to be thoroughly rethought in order to find the best solutions that can guarantee the interests of the parties involved and, consequently, promote the development of the national, even sub regional insurance industry.

Environmental sociology and the sociology of scientific knowledge provide a strong theoretical foundation for investigating the role of science in environmental disputes. The field of environmental dispute resolution has built a body of literature, outlining the techniques and practices that underpin the successful resolution of disputes, over controversial environmental issues. However, the literature on dispute resolution has generally neglected the role of science in environmental disputes. This thesis develops a theoretical framework based on concepts from environmental sociology and the sociology of scientific knowledge in order to critically examine the role of science in environmental disputes. In particular, this thesis combines the theory on claims-making from environmental sociology with actor-network theory and the theory on boundary-work from the sociology of scientific knowledge, to analyse the way in which science was involved in the dispute over phasing out extractive dredging from the Brisbane River. Data were collected from qualitative in-depth interviews with key players in the Brisbane River dredging dispute and combined with analysis of relevant documents and newspaper articles. Each of the components of the theoretical framework developed in this thesis contributes to an in-depth analysis of the way in which science was involved in the dredging dispute. The environmental claims-making analysis examines the way in which the claim that extractive dredging was an environmental problem for the Brisbane River was constructed and contested. The actor-network analysis compares the two competing actor-networks that were developed by one of the major concrete companies and by the anti-dredging campaigners. The boundary-work analysis examines the social construction of the science / politics border as an important site of boundary-work, before exploring other related forms of boundary-work within the case study. When combined, these theories highlight the social and political processes that underpin the inherent difficulties associated with applying science to effective environmental dispute resolution. The theoretical framework developed in this thesis highlights the way in which an analysis of environmental claims-making, actor-networks and boundary-work, extends the literature on environmental dispute resolution. This thesis therefore makes a significant contribution to the field of environmental dispute resolution, by illustrating the advantages of drawing on theoretical perspectives from environmental sociology and the sociology of scientific knowledge.

A generic conflict model is developed to analyze international toxic waste disposal issues, and then, to provide feasible strategic resolutions for this serious environmental dispute. With the rapid growth of the global economy, toxic waste traffic from the advanced to developing nations has become a serious side effect of this globalization. The illegal transboundary movement of toxic wastes not only aggravates the burden on the poorer nations, but also negatively impacts the worldwide environment. In this thesis, the ongoing toxic waste disputes are divided into two stages consisting of the dumping prevention and dispute resolution stages. The analyses based on the methodology of Graph Model for Conflict Resolution are used in both stages in order to grasp the structure and implications of the conflict from a strategic viewpoint. The in-depth modeling of the toxic waste dumping disputes, which consist of historical and generic situations, specifies the involved parties and their options. By synthesizing the economic, political and legal factors, the relative preferences for each party can be determined. The Graphical User Interface (GUI) of the Decision Support System (DSS) GMCR II simplifies the processing of calculations. The analytical research furnishes investigators or other interested parties with possible resolutions for the disputes arising from an international waste dumping event. Sensitivity analyses are also conducted to provide a comprehensive understanding of the different situations that may occur in real-world cases. The case study of the Ivory Coast waste dumping controversy is used to demonstrate how to practically implement the generic multi-stage graph model.

A generic conflict model is developed to analyze international toxic waste disposal issues, and then, to provide feasible strategic resolutions for this serious environmental dispute. With the rapid growth of the global economy, toxic waste traffic from the advanced to developing nations has become a serious side effect of this globalization. The illegal transboundary movement of toxic wastes not only aggravates the burden on the poorer nations, but also negatively impacts the worldwide environment. In this thesis, the ongoing toxic waste disputes are divided into two stages consisting of the dumping prevention and dispute resolution stages. The analyses based on the methodology of Graph Model for Conflict Resolution are used in both stages in order to grasp the structure and implications of the conflict from a strategic viewpoint. The in-depth modeling of the toxic waste dumping disputes, which consist of historical and generic situations, specifies the involved parties and their options. By synthesizing the economic, political and legal factors, the relative preferences for each party can be determined. The Graphical User Interface (GUI) of the Decision Support System (DSS) GMCR II simplifies the processing of calculations. The analytical research furnishes investigators or other interested parties with possible resolutions for the disputes arising from an international waste dumping event. Sensitivity analyses are also conducted to provide a comprehensive understanding of the different situations that may occur in real-world cases. The case study of the Ivory Coast waste dumping controversy is used to demonstrate how to practically implement the generic multi-stage graph model.

Am Beispiel der UdSSR werden formale und inhaltliche Voraussetzungen eines Beitritts eines (noch) "sozialistischen" Staates mit einer Zentralverwaltungswirtschaft zu den beiden wichtigsten internationalen Finanzinstitutionen, Internationaler Währungsfonds und Weltbank (samt deren "Schwester"-Organisationen), diskutiert.

This study explores and critically examines the role of indigenous mechanisms (the Inter-Tribal Reconciliation Conferences-ITRCs) in resolving tribal conflicts in South Darfur State of Western Sudan. The fundamental question raised by this study is: have these reconciliation conferences- 1989-2009- been able to address the root causes of the tribal conflicts and are they capable of serving the same role that they once did? Tribal leadership structures, such as Native Administration (NA) and their mechanisms of conflict resolution/management in Darfur, have been subjected to highly significant changes over time. The question is to what extent these changes further fuelled tribal conflicts and/or have negatively affected the capability of the NA and the ITRCs to deal with these conflicts? This thesis relies on archive records and reports of the ITRCs and data generated through interviews conducted with key informants. Through a detailed analysis the study: 1) presents a detailed account of the major conflicts and their causes in South Darfur; 2) identifies the changing identities of the protagonists and of the perceived causes; 3) assesses the effectiveness of the agreements reached by these conferences when considered alongside the causes identified. Analysis of the ITRCs shows that tribal conflicts in Darfur (from1980s), and South Darfur in particular, were connected to the wider political conflict in the Sudan and the region respectively. The analysis suggests that the history of neglect/marginalisation of the region by successive governments, and the political manipulation of the NA and local government, have negatively affected the performance of these institutions. The experience of the ITRCs indicates that they were unable to address the underlying causes of the tribal conflicts, such as land disputes, the manipulation of the NA and local government, rape and mass killings.

Thèse numérisée par la Division de la gestion de documents et des archives de l'Université de Montréal

This research expounds on the impact of Organised Labour in Dispute Resolution at eThekwini Municipality. The research will identify the positive and negative aspects of the stakeholders within the environment of labour relations. The necessity of this research is that very little research has been conducted in the dispute resolution environment at eThekwini Municipality. In any labour contract, there will always be disputes between the stakeholders concerned. In some instances, the conclusion of the dispute is a win-win situation or winner takes all. In the open market, the engaging of the Commission for Conciliation Mediation and Arbitration is the forum available to resolve disputes. In the local government sector, however, organised labour caters for the needs of its members by taking their grievances to the bargaining council under the auspices of the South African Local Government Bargaining Council. Local government is the sphere that is closest to the public at which delivery of services takes place. The manner in which this is conducted depends largely on the Municipality's institutional capacity. The institutional capacity also influences its regulatory role. The co-operative governance approach encourages multiple stakeholder arrangements to deal with labour relations issues. These arrangements will provide an illustration of the role of various stakeholders in achieving peace and harmony in the workplace. Organised Labour will always have a profound effect on the economy, politics and social services. Its contribution and development to society is highly influential and ensures its recognition. The challenge is to develop systems and procedures that will serve the labour relations environment. This research will set out to explore the dispute resolution mechanism that exists currently, and the effect it has in the Municipality. In this way there will be a definitive significance on the approach to formalise the roles employed by management and organised labour. / Thesis (MPA)-University of KwaZulu-Natal, Westville, 2010.

企業併購法經由政府全力推動下，民國91年初立法通過，同時修訂公平交易法及證券交易法，掀起我國企業併購熱潮。然而，快速立法之後果即缺乏相關法令間互相配合，企業併購法與公司法、金融控股公司法、金融機構合併法相關法規有重疊之處，財政部亦陸續發布相關解釋函令，於實務上因併購產生之相關稅務爭訟，以企業併購交易以所得稅之課徵引發較多爭議。 　　 　　企業併購係企業追求利潤的手段之一，最終的目的係為追求經濟的提升，故我國歷經多次修法，以求減低企業併購所可能發生之障礙。但在企業併購實務中，法律風險並非併購雙方唯一之考量，財務風險、管理風險及稅務風險亦為併購時均應納入之考量。本研究為求企業併購之順利，以稅務爭議所帶來之風險為中心，探討目前稽徵實務上常出現的爭議，以法律割裂適用、虧損扣抵之繼受、租稅優惠之繼受、商譽認定及攤銷，以及視為股利此五個爭點為研究中心，蒐集相關文獻、期刊雜誌及法律規範開始研究，並從司法案例做個案討論，就企業併購實務提出研究結果及建議，使在企業併購過程中能妥善對風險有所控制，提高企業併購的成功率，減少企業併購失敗所來的社會成本耗損，以提高社會資源之利用。 / With the effort to legislation by government, mergers and acquisitions Act was enacted in early 2002. In the meanwhile, the Fair Trade Act and the Securities Exchange Act were amended. However, the consequences of rapid legislation lead to Merger and Acquisition Act overlap in Company Act, Financial Holding Company Law, and relevant laws and regulations. Ministry of Finance has also been released many tax regulations of income tax levied on corporate mergers and acquisitions, which lead to much controversy. In the practice of mergers and acquisitions, legal risk is not only the consideration, but also financial risk, management risk and tax risk should be considered. For completing mergers and acquisitions smoothly, this essay is from the viewpoint of tax dispute, studying the division of laws, succession to loss carry forwards, succession to tax incentives, the recognition and amortization of goodwill, and constructive dividend income. According to these five disputes, the relevant literature, journals and laws are included in this essay. Consequence and recommendations from the judicial cases are provided to mergers and acquisitions practice so that the risks can be properly controlled to some extent, improving the success rate of mergers and acquisitions, reducing the social costs of mergers and acquisitions, and improving the use of social resources.

Diss. Göteborg : Göteborgs universitet, 2004. / Härtill 4 uppsatser.