There has been a flurry of legislative action at the international and regional levels to address the global problem of trafficking in persons, which victimises epidemic-proportions of individuals and generates one of the largest proceeds of organised crime. The harmonisation of national legal responses based on minimum standards around prevention, prosecution, and protection as espoused by those international and regional instruments is a prerequisite for effective and wide cooperation among countries of origin, transit, and destination. However, the reluctance of states to lift to the lofty heights of international consensus the contentious policy issues surrounding trafficking, including prostitution, has resulted in the adoption of rather ambiguous anti-trafficking norms and obligations, which allow states to individually determine what constitutes 'trafficking in persons' within their own jurisdictions. The subsequent divergence in national responses reveals that legal harmonisation has not taken place. The mechanisms of enforcement, which attach directly or indirectly to those international and regional instruments, therefore, have the formidable task of assisting states in the implementation of the substantive content of anti-trafficking norms and obligations through their monitoring and reporting mandates. However, their work remains a neglected area of academic research, compared to writings on the ambiguity of the international anti-trafficking framework. The challenge to international regulation of the trafficking problem, as identified in this thesis, relates on a fundamental level to the systemic limitations of the formal processes of law based on state consent and respect for the principles of sovereignty and territorial integrity. Through a comparative legal analysis of international and European legal responses to sex trafficking in women, this thesis illuminates the main systemic challenges to combating trafficking in Belgium, the Czech Republic, Finland, the Netherlands, Romania, and Sweden, and how the work of those enforcement mechanisms remedies some of those challenges.

A presente pesquisa buscou avaliar se o direito da concorrência, tal como edificado no presente, tem-se revelado suficiente para alcançar o fenômeno concorrencial de modo efetivo e, portanto, se estaria, de fato, a realizar sua missão no sentido de contribuir para o desenvolvimento e para a democracia. Objetivou-se demonstrar que os mecanismos convencionais de defesa da concorrência (controle de condutas e de atos de concentração) seriam incapazes de fazer frente à crescente concentração dos mercados e à eliminação ou mesmo redução de distorções competitivas ocasionadas, ainda que indiretamente, pelo próprio Estado. Demonstrou-se que estes problemas estariam a impactar a própria ideia de democracia e colocariam em risco o desenvolvimento econômico e social. A partir do referencial teórico utilizado, procurou-se evidenciar esta incapacidade do antitruste em acompanhar a velocidade de mercados cada vez mais dinâmicos, bem como alcançar todos os problemas concorrenciais, especialmente, aqueles ocasionados por meios não-convencionais, isto é, por mecanismos de diferenciação de produtos, por práticas apoiadas em facilitações institucionais, subsídios estatais, obtenção de vantagens por influência no processo legislativo e, entre outros, por meio de decisões administrativas e/ou regulatórias. A competition advocacy (promoção da concorrência) foi apresentada como uma das respostas possíveis do direito para mitigar o risco de que a excessiva concentração do poder econômico acabe gerando o bloqueio de canais democráticos, a captura das instituições políticas por grupos dominantes e, ainda que reflexamente, o aumento da desigualdade. Considerando que a competition advocacy parte de uma ideia residual ou de exclusão em relação à função preventiva e à repressiva, a pesquisa identificou quais seriam os assuntos adequados para uma abordagem sistêmica e, principalmente, útil da promoção da concorrência, tendo em vista, especialmente, o tratamento ainda difuso do tema por parte da doutrina. Em conclusão, buscou-se definir, com maior precisão, o conteúdo jurídico da promoção da concorrência e foram apresentadas propostas para aperfeiçoamento do instituto no Brasil, de modo a contribuir para o desenvolvimento econômico-social e para o fortalecimento das instituições democráticas. / This work intended to evaluate whether competition law, as built in the present, has proved to be sufficient to reach the competitive phenomenon in an effective way and, therefore, if it achieves its mission, that is, to contribute to the development and democracy. It also aimed to demonstrate that competition law´s conventional tools (enforcement mechanisms) would be unable to cope with the growing concentration of markets and the elimination or even reduction of competitive distortions indirectly caused by the State itself. It has been shown that these problems are impacting on a democracy ideal and jeopardizing economic and social development. From the theoretical framework used, this antitrust inability was observed, to monitor the speed of increasingly dynamic markets, as well as to reach all competitive problems, especially those caused by non-conventional means, that is, by mechanisms of differentiation of products, malpractices supported by institutions, state subsidies, obtaining advantages by influence in the legislative process and, among others, through administrative and/ or regulatory decisions. Competition advocacy was presented as one of the possible answers to diminish the risk that the excessive concentration of economic power would end up blocking democratic channels, resulting on the capture of political institutions by dominant groups, and even if at an indirect way, increasing inequality. Considering that competition advocacy is based on a residual idea of the preventive and repressive functions, the dissertation identified what would be the appropriate subjects for systemic and useful approach to promoting competition, specially, due to the still diffuse treatment of the subject by the doctrine. In conclusion, we tried to define the legal content of the competition advocacy. We made also proposals for the improvement of the subject in brazil in order to contribute to economic and social development as well as to the strengthening of democratic institutions.

The recent addition of Karoo Lamb to South Africa’s repertoire of products with a regional identity attracted extensive publicity. The news headlines that spoke of challenges to protect the geographical name, discrepancies among supply chain stakeholders and the outright opportunism and exploitation of the geographical name made Karoo Lamb a particularly interesting case study to examine. Regrettably, the niche product “Karoo Lamb” has not yet come to its own. In an effort to support the development of this initiative, the thesis sets out to address the central question; “How do we increase farmer participation in differentiated product supply chains, whilst discouraging opportunistic behaviour so that the performance of these chains can be optimised?” The overarching question, mentioned above, is addressed in four independent but related research papers by using the differentiated Karoo Lamb supply chain as a case study. The specific questions considered in these papers are:  What are the claims most vulnerable to opportunistic behaviour?  What drives a farmer’s tendency to behave opportunistically, and how can these drivers be used to prevent opportunistic behaviour?  What factors encourage a farmer to participate in a differentiated supply chain?  What enforcement mechanisms are best suited to prevent the opportunistic behaviour of farmers?  What governance mechanisms are currently employed to govern the supply chain?  Are the governance and enforcement mechanisms properly aligned to guarantee the authenticity of the differentiated product? The thesis employed the principals of agency theory, transaction cost economics, and contract theory to address the practical problems faced by the Karoo Meat of Origin certification scheme. The thesis combined quantitative and qualitative research methods to analyse the data collected from four primary stakeholders involved in the Karoo Lamb supply chain. From the total population of 209 certified Karoo Lamb farmers, 73 farmers were interviewed on their farms in the Karoo region. In addition to the farmers, five abattoirs, two processors and/or packers and five retail outlets were interviewed. Results supported the expectation that a farmer’s decision to invest in the collective reputational capital of a product is shaped by his/her relationship with the abattoir, and the ease with which business is conducted. The easier it is for the farmer to do business with the abattoir the more likely the farmer is to invest in the Karoo Lamb initiative. Other, more personal attributes, such as the farmer’s risk profile, education and his/her network also proved to influence his/her willingness to invest in the collective reputation. The efforts to increase the membership base of Karoo Lamb contributes to the success story of Karoo Lamb. The success of the initiative, however, remains threatened by opportunism. The investigation revealed the “from the Karoo” and “free range” claims as the most vulnerable to opportunistic behaviour specifically during times of droughts. The study further revealed a lack of information exchange between the farmers and abattoirs, specifically regarding droughts, feeding practices and disease treatments, as the leading driver for opportunistic behaviour. An increase in information sharing, within the farmer network, and with the abattoir, is therefore recommended. This is the main strategy to reduce or eradicate the opportunistic behaviour of farmers. In addition to broadening farmer investments in the reputational capital of Karoo Lamb and to preventing the opportunistic behaviour of farmers, the success of the Karoo Lamb initiative also requires an alignment between the enforcement and governance mechanisms. The investigation supported the notion that the State-appointed third party is relatively unsuccessful when it specifically comes to the monitoring of the Karoo farmers for compliance with production standards. Due to the failure of the third party, the thesis made an attempt to explore alternative monitoring and enforcement mechanisms. The results indicate that the majority of the Karoo Lamb stakeholders preferred monitoring and enforcement mechanisms that include more frequent monitoring and stricter prosecution strategies to deal with non-compliant stakeholders. Owing to many years of commodity style operations throughout the supply chain, the correct vehicle for ensuring the proper implementation of the enforcement mechanisms remains a challenge. The assessment of the Karoo Lamb supply chain reveals non-contractual arrangements with qualified partners as being the most frequently utilised governance mechanism. However, this mechanism is not sufficient when the third party fails to monitor and enforce the production standards accurately. Therefore, with a view to ensuring the credibility of Karoo Lamb, a move to toward more hierarchical arrangements, are expected, which would provide a stronger focus on private or mutual enforcement mechanisms. This means that the stakeholders in the supply chain would be jointly responsible for the credibility of the product and therefore jointly responsible for the enforcement of quality and origin standards. / Thesis (PhD)--University of Pretoria, 2017. / Red Meat Research and Development SA / Bill and Melinda Gates Foundation / Agricultural Economics, Extension and Rural Development / PhD / Unrestricted

Yes / In light of the emerging African Union (AU) legal order, this chapter examines AU’s institutions and courts to situate AU law in the wider context of AU’s enforcement mechanisms. In the nearly two decades of the operational phase of the AU, several institutions and courts have arguably ensured enforcements of its laws, policies, and decisions. Added to its judicial, human rights, and legal organs, the African Court of Human Rights has been at the disposal of the AU in the fight against human rights abuses and implementation of regional and international instruments in environmental and criminal law matters. What could potentially be the impact of these institutions on AU law? Also, will the evolving AU law require a separate enforcement mechanism, or could it rely on pre-existing institutions and courts? These issues become necessary in view of the AU’s commitment to implement Aspiration 3 of Agenda 2063, which amongst other things, envisions respect for human rights, justice, and the rule of law within the region. The chapter argues that the challenges of weak institutions, corruption, and internal conflicts are endemic within the continent. Therefore, it takes the view that a system of normative, cultural, and cognitive institutional reforms and transformation will be valuable.

<p>This study is a response to the dilemma of poor service delivery or the lack thereof. In this regard, this study posits the professionalisation of local government as part of the solution. The focus is on the administrative arm of local government, which is the major conduit for service delivery. Professionalisation of local government is a broader theme. For the present purposes, focus will be devoted to the competency component which entails attracting qualified personnel competent to discharge local government responsibilities. However, it is not limited to attracting already competent and professional staff. It also entails developing the skills of existing staff. This definition, in essence, relates to qualification through training, learning and specialisation.11 In essence, professionalisation of local government ensures that all employees act and behave in a professional way. In this regard, this study seeks to identify the competency standards set by the legislative framework and then explore the legal avenues for enforcing compliance, by the municipal administration, with such standards. This requires one to look at and answer the following questions: What constitutes municipal staff? / What is the content of the competency framework in question? / What are the enforcement mechanisms currently in place? / Whose role is it to enforce compliance with the competency framework? / Broadly speaking, enforcement can take two forms: hard enforcement and soft enforcement. The hard form of enforcement relates to giving incentives for compliance with the competency framework and dismissal for non-compliance. Softer enforcement, in turn, relates to correction and monitoring.</p>

Six out of every ten children in South Africa are living in poverty. This situation is aggravated by the AlDS pandemic. The pandemic is also the cause of a generation of AlDS orphans and as a consequence a lot of pressure is put on society's resources. Although the fundamental rights of children are entrenched in the Constitution of the Republic of South Africa, 1996, the current legal and administrative framework is not being implemented effectively in order to realise these rights. The Constitutional Court has adjudicated upon several matters regarding the realisation of socio-economic rights, thereby confirming that socio-economic rights are indeed justiciable. This research is specifically concerned with the realisation of children's right to have access to health care as entrenched in sections 27 and 28(l)(c) of the Constitution. Read with section 7(2) of the Constitution, this right places negative as well as positive obligations on the state to respect, protect, promote and fulfil children's right to have access to health care. Children's right to health care are however dependent on the internal limitations contained in section 27(2) of the Constitution which states that the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights. Having ratified the UN Convention on the Rights of the Child (CRC), the state is further bound to recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. Parties to the CRC shall also strive to ensure that no child is deprived of his or her right of access to such health care services. Good health is dependent on more than a mere right to have access to health care. In order to ensure the highest attainable standard of health for all children, it is necessary that the available services are affordable and accessible on an equitable basis. Access to health care should be seen as part of a more comprehensive social protection package to ensure a minimum standard of living, consistent with the value of human dignity in our Constitution. In order to achieve this, the fragmented health care system which existed before 1994 and which was mainly a result of the previous dispensation of oppression and racial discrimination, had to be transformed in order to reach the ideal of improving the quality of life of all citizens as contained in the preamble of the Constitution. Ten years after the inception of the new constitutional dispensation, it can be said that the government is making progress with the transformation of the health system and making it accessible to all people, including children. After extensive research on the legislative and other measures that the government has implemented in order to realise children's right to access to health care, the following conclusions has been reached: State policies regarding health care are taking account of the needs of children as a vulnerable group of society and it can be said to be reasonable in the formulation thereof. Regarding the implementation of these policies, much remains to be done to ensure that the benefits thereof reach the children, especially more vulnerable groups such as street children and child-headed households - a common occurrence with the high prevalence of HIVIAIDS in South Africa. The enactment of the National Health Act 61 of 2003 is still awaited although it has already been signed. This legislation provides a national framework of norms and standards regarding the health care system and it is mainly based on the rights of patients. A new Children's Bill [B32 - 20031 has been introduced to parliament. The bill deals extensively with the rights of children as contained in the Constitution and also aims to give effect to governments' obligations in terms of the CRC. The enactment of the bill should be given priority, although measures should be implemented to ensure that health care services are also accessible to children who are not assisted by adults such as child-headed households. The allocation of public funds should be considered in order to provide better social assistance to families in dire need but mechanisms to ensure that children benefit from social grants must be implemented. Many of these grants are being abused by parents which means that although the grants are available, the money is not always spent to better the plight of the children. This is especially important in the light of the fact that the primary obligation to take care of children vests in the parents. The courts and especially the Constitutional Court, has taken their role in realising socio-economic rights seriously and very important guidelines has been formulated regarding the reasonableness of legislative and other measures in this regard. After the Khosa-case it should be said that although the courts are allowed to overstep the boundaries of separation of powers, they should not rewrite these boundaries by not taking appropriate account of the availability of financial resources. This also applies to the executive and legislature which should act more effectively to implement the court's decisions. The Human Rights Commission is playing an important role with regard to the realisation of socio-economic rights by monitoring and evaluating the implementation of government programmes and legislation. The Commission also provides valuable guidelines with regard to the realisation of socio-economic rights in the form of annual reports submitted to parliament. It is submitted that the Commission should however consider to define minimum core obligations of socio-economic rights since the Commission is better equipped to do this than the courts are. / Thesis (LL.M. (Public Law))--North-West University, Potchefstroom Campus, 2005.

<p>This study is a response to the dilemma of poor service delivery or the lack thereof. In this regard, this study posits the professionalisation of local government as part of the solution. The focus is on the administrative arm of local government, which is the major conduit for service delivery. Professionalisation of local government is a broader theme. For the present purposes, focus will be devoted to the competency component which entails attracting qualified personnel competent to discharge local government responsibilities. However, it is not limited to attracting already competent and professional staff. It also entails developing the skills of existing staff. This definition, in essence, relates to qualification through training, learning and specialisation.11 In essence, professionalisation of local government ensures that all employees act and behave in a professional way. In this regard, this study seeks to identify the competency standards set by the legislative framework and then explore the legal avenues for enforcing compliance, by the municipal administration, with such standards. This requires one to look at and answer the following questions: What constitutes municipal staff? / What is the content of the competency framework in question? / What are the enforcement mechanisms currently in place? / Whose role is it to enforce compliance with the competency framework? / Broadly speaking, enforcement can take two forms: hard enforcement and soft enforcement. The hard form of enforcement relates to giving incentives for compliance with the competency framework and dismissal for non-compliance. Softer enforcement, in turn, relates to correction and monitoring.</p>

Six out of every ten children in South Africa are living in poverty. This situation is aggravated by the AlDS pandemic. The pandemic is also the cause of a generation of AlDS orphans and as a consequence a lot of pressure is put on society's resources. Although the fundamental rights of children are entrenched in the Constitution of the Republic of South Africa, 1996, the current legal and administrative framework is not being implemented effectively in order to realise these rights. The Constitutional Court has adjudicated upon several matters regarding the realisation of socio-economic rights, thereby confirming that socio-economic rights are indeed justiciable. This research is specifically concerned with the realisation of children's right to have access to health care as entrenched in sections 27 and 28(l)(c) of the Constitution. Read with section 7(2) of the Constitution, this right places negative as well as positive obligations on the state to respect, protect, promote and fulfil children's right to have access to health care. Children's right to health care are however dependent on the internal limitations contained in section 27(2) of the Constitution which states that the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights. Having ratified the UN Convention on the Rights of the Child (CRC), the state is further bound to recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. Parties to the CRC shall also strive to ensure that no child is deprived of his or her right of access to such health care services. Good health is dependent on more than a mere right to have access to health care. In order to ensure the highest attainable standard of health for all children, it is necessary that the available services are affordable and accessible on an equitable basis. Access to health care should be seen as part of a more comprehensive social protection package to ensure a minimum standard of living, consistent with the value of human dignity in our Constitution. In order to achieve this, the fragmented health care system which existed before 1994 and which was mainly a result of the previous dispensation of oppression and racial discrimination, had to be transformed in order to reach the ideal of improving the quality of life of all citizens as contained in the preamble of the Constitution. Ten years after the inception of the new constitutional dispensation, it can be said that the government is making progress with the transformation of the health system and making it accessible to all people, including children. After extensive research on the legislative and other measures that the government has implemented in order to realise children's right to access to health care, the following conclusions has been reached: State policies regarding health care are taking account of the needs of children as a vulnerable group of society and it can be said to be reasonable in the formulation thereof. Regarding the implementation of these policies, much remains to be done to ensure that the benefits thereof reach the children, especially more vulnerable groups such as street children and child-headed households - a common occurrence with the high prevalence of HIVIAIDS in South Africa. The enactment of the National Health Act 61 of 2003 is still awaited although it has already been signed. This legislation provides a national framework of norms and standards regarding the health care system and it is mainly based on the rights of patients. A new Children's Bill [B32 - 20031 has been introduced to parliament. The bill deals extensively with the rights of children as contained in the Constitution and also aims to give effect to governments' obligations in terms of the CRC. The enactment of the bill should be given priority, although measures should be implemented to ensure that health care services are also accessible to children who are not assisted by adults such as child-headed households. The allocation of public funds should be considered in order to provide better social assistance to families in dire need but mechanisms to ensure that children benefit from social grants must be implemented. Many of these grants are being abused by parents which means that although the grants are available, the money is not always spent to better the plight of the children. This is especially important in the light of the fact that the primary obligation to take care of children vests in the parents. The courts and especially the Constitutional Court, has taken their role in realising socio-economic rights seriously and very important guidelines has been formulated regarding the reasonableness of legislative and other measures in this regard. After the Khosa-case it should be said that although the courts are allowed to overstep the boundaries of separation of powers, they should not rewrite these boundaries by not taking appropriate account of the availability of financial resources. This also applies to the executive and legislature which should act more effectively to implement the court's decisions. The Human Rights Commission is playing an important role with regard to the realisation of socio-economic rights by monitoring and evaluating the implementation of government programmes and legislation. The Commission also provides valuable guidelines with regard to the realisation of socio-economic rights in the form of annual reports submitted to parliament. It is submitted that the Commission should however consider to define minimum core obligations of socio-economic rights since the Commission is better equipped to do this than the courts are. / Thesis (LL.M. (Public Law))--North-West University, Potchefstroom Campus, 2005.

Magister Legum - LLM / This study is a response to the dilemma of poor service delivery or the lack thereof. In this regard, this study posits the professionalisation of local government as part of the solution. The focus is on the administrative arm of local government, which is the major conduit for service delivery. Professionalisation of local government is a broader theme. For the present purposes, focus will be devoted to the competency component which entails attracting qualified personnel competent to discharge local government responsibilities. However, it is not limited to attracting already competent and professional staff. It also entails developing the skills of existing staff. This definition, in essence, relates to qualification through training, learning and specialisation.11 In essence, professionalisation of local government ensures that all employees act and behave in a professional way. In this regard, this study seeks to identify the competency standards set by the legislative framework and then explore the legal avenues for enforcing compliance, by the municipal administration, with such standards. This requires one to look at and answer the following questions: What constitutes municipal staff? ; What is the content of the competency framework in question? ; What are the enforcement mechanisms currently in place? ; Whose role is it to enforce compliance with the competency framework?; Broadly speaking, enforcement can take two forms: hard enforcement and soft enforcement. The hard form of enforcement relates to giving incentives for compliance with the competency framework and dismissal for non-compliance. Softer enforcement, in turn, relates to correction and monitoring. / South Africa

O crescente interesse em prover uma maior autonomia a agentes articiais, além da sua capacidade de adaptação, racionalidade limitada, heterogeneidade, e necessidade de interação e cooperação podem fazer com que Sistemas Multiagentes (MASs) apresentem comportamentos globais indesejáveis. Esse cenário pode agravar-se, em especial quando esses sistemas envolvem a participação de humanos, uma vez que esses agem de forma menos controláveis e previsíveis, por exemplo, Sistemas Sócio-Técnicos (STSs). Essas características tornam a governaça desses sistemas um aspecto essencial para sua ecácia. A abordagem normativa é considerada uma proposta promissora para o atendimento desse requisito em tais sistemas. Nesse, normas fornecem uma visão socialmente realista das interação entre agentes autônomos abstraindo os detalhes de baixo nível. Suportada pelas normas está a noção de sanção como uma reação a potencialmente qualquer violação ou cumprimento de uma expectativa. Embora as normas já tenham sido extensamente investigadas no contexto de MASs, o conceito de sanção ainda carece de uma melhor inspeção. Esse carência é suprida nesse trabalho, primeiramente, propondo uma tipologia de sanções que captura as características relevantes de STSs, segundo, um processo adaptativo de sancionamento com a descrição das funções de seus componentes e inter-relacionamentos, e terceiro, um modelo adaptativo de avaliação de sancionamento que permite aos agentes decidirem qual sanção aplicar em cada situação. Em particular, esse model de avaliação permite a seleção entre sanções formais e informais dependendo de quanto o agente pode inuenciar o grupo social do agente objeto da sanção. Esse modelo é usado na avaliação de políticas de sanção única ou múltiplas em um estudo de caso de transação de energia elétrica no contexto de uma rede elétrica inteligente. Conclui-se dos resultados obtidos que sistemas que disponibilizam políticas de sancionamento com múltiplas sanções não aumentam em todos os casos o nível de cumprimento das normas quando comparado com políticas de sancionamento com sanção única. Entretanto, políticas com multíplas sanções são menos custosas. / The increasing interest on greater agents autonomy in addition to its adaptability, bounded rationality, and heterogeneity features, and the necessity of interaction and cooperation may bring Multiagent Systems (MASs) to exhibit undesirable global behaviors. It may become even worse especially when they involve human agents who are less manageable and predictable in their actions, like in Sociotechnical Systems (STSs). These characteristics renderaneffectivegovernanceanessentialaspectofthesesystems.Thenormativeapproach has been proposed as a prominent means to achieve this effectiveness, wherein norms provide a socially realistic view of interaction among autonomous parties that abstracts away low-level implementation details. Overlaid on norms is the notion of a sanction as a reaction to potentially any violation of or compliance with an expectation. Although norms have been well investigated in the context of MASs, sanctions still lack a more comprehensive inspection. We address the above-mentioned gap by proposing, rst, a typology of sanctions that reects the interplay of relevant features of STSs, second, a sanctioning enforcement process describing the functions of the diversity of components and their relationships, and third a sanctioning evaluation model that enables agents to evaluate and choose the most appropriate sanction to apply depending on a set of factors. In particular, this evaluation model enables the selection between formal or social sanctions based on how much the sanctioner can inuence the social group of the sanctioned agent. This model is used to evaluate mono-type and multi-type sanctioning policies in a Smart Grid energy trading case study. Our results show that multi-type sanctioning policies do not always increase the level of norm compliance compared to mono-type sanctioning policies, yet multi-type policies are less costly.