This thesis deals with the political economy of mining laws and regulation in Namibia from 1884 to 1986. Mining laws and regulations have played an important role in the exploitation of Namibia's mineral resources since the colonial period. They have also played an important role in the exploitations by foreign mining companies of Namibia's mineral resources. The study shows how this process has evolved. Chapter I discusses the link between colonialism and exploitation. It also shows the special interest of the colonial administration in mineral development. The formal and substantive rules governing the acquisition of mineral rights are discussed in detail in Chapter II. An important element in the exploitation of Namibia's mineral resources is the international market. Chapter III examines the marketing of Namibia's minerals. It shows that the colonial administration is unable and unwilling to exercise control in this area. Special attention is paid to the marketing of diamonds as it illustrates very well the dominant position of the mining companies. Marketing of minerals is closely linked with taxation. This is examined in Chapter IV. The chapter reveals that the inadequacies of the legislation enables mining companies to achieve their objective, maximisation of profits without corresponding benefits to Namibia. The exploitation of Namibia's mineral resources has a direct effect on the environment. Chapter V shows that the spread of multinational mining companies and their operations have a direct effect on the environment, health and safety of mine employees and the community in surrounding areas. It also shows that mining laws and regulations are inadequate to cope with this problem. South Africa's continued occupation of Namibia since the termination of the mandate in 1966 has important legal consequences. The legal status of the mining concessions granted by South Africa before and after the termination of the mandate are examined in Chapter VI in the light of the United Nations action in this respect. In order to clarify the options for independent Namibia, Chapter VII discusses the experience of other developing countries in mineral development and their relationship with multinational companies. In Chapter VII, we recommend that mining laws and regulations of an independent Namibia should reflect the needs of the Namibian population.

Islamic practices have led to exhaustive debate in academia ranging from the traditional battlefield of gender related issues to the relatively new decisiveness surrounding the war on terror. In most of the debates regarding Islam, when one legitimises or delegitimises his/her stance, the divine is invoked as the main point of reference. The divine thus turns into the source of vice and virtue simultaneously through these competing opinions. In this game of "authenticity", we often ignore the aspect that, in our religious zealousness, the divine itself is victimised. This is because, while referring to the divine as the main architect of our opinions, we sideline those non-divine factors in the process of constructing "authenticities" which help shape our reading of the divine. The divine is simply a part of our constructed "authenticity" but not its exclusive constituent. We need to realise that the divine is not read in a vacuum and by those who do not have materiality; its readings are always carried out by those who are a product of their own circumstances and their understandings are routed through their particular contexts. The present study is an effort to analyse those non-divine factors which help shape our reading of the divine, and are not any less important in the process of constructing "authenticity" than the divine with reference to the gender discourse of Jamaat-i-Islami Pakistan. This study proposes that there is always a need to maintain a gap between our understanding of the divine and "the divine"; because of the fact that the former is constructed, while the latter believed by Muslims as eternal, hence immutable. In addition to carrying out problematization of "authenticity" of the JI discourse, the study underscores the fact that problematization ought to be an integral part of our exercise of ascertainment of "authenticity" so that we may maintain the gap referred to above.

Discrimination based on health status is a serious problem in China, which influences the fundamental rights of millions of people. This thesis mainly discusses the nature, characteristics and reasons of discrimination based on health status in China. As a contextual and socio-legal study, this thesis employs doctrinal, empirical, historical, international & comparative law methods to provide a comprehensive and in-depth study on tackling discrimination based on health status in China. It is among the earliest researches that focus on the specific topic of discrimination based on health status in China. This thesis argues that various factors are responsible for continuing discrimination based on health status in China. Particularly, the fragmentary, incomplete, ambiguous and conflicting legislation, the ineffective, arbitrary and bureaucratic administration, the dependant and ineffective judiciary, the less active nongovernmental actors, and other relevant political, economic, medical and cultural factors, interact with one another to cause continuing discrimination. To pursue this argument, first, the thesis clarifies the necessity to prohibit discrimination based on health status by analysing relevant definitions and theories of such discrimination. Second, the thesis explores how discrimination based on health status has been tackled in international law and domestic law in various other jurisdictions, in order to reveal international responsibility China should bear and foreign lessons China can learn. Third, the thesis examines how discrimination based on health status has been tackled in Chinese history and reality to understand why such discrimination remains serious today. Fourth, the thesis discusses findings of the author’s fieldwork on tackling discrimination based on health status in China to investigate the effectiveness of the current anti-discrimination regime. Based on the above analyses, the thesis finally concludes the main reasons for continuing discrimination based on health status in China and proposes a more effective antidiscrimination regime in China to prohibit such discrimination.

Uganda is credited for carrying out extensive reforms in its tax system in the 1990s. The system of administration was overhauled together with a complete overhaul of tax legislation. The overriding objective was to increase tax revenues. Improvements were registered in the tax revenues but only temporarily. Since 2004, there has been stagnation in the tax revenue figures. The revenue from direct taxes only contributes about 20% to the total revenue well below the Sub-Saharan average of 40%. This has focused attention on the appropriateness of the reforms. The focus of the reforms on achieving efficiency did not sufficiently take into account the fundamental importance of equity within the system. As a result, the Income Tax Act 1997 embodies distortions and inequalities in the treatment of taxable income and taxpayers that have led to inefficiency in the system as a whole. The tax reforms also took a narrow technical view of the tax system. Taxation has an impact on state-building and is, therefore, affected by the state of governance. The reforms, even where they were well designed, have been affected by institutional weakness and the lack of accountability in the political process. The fact that institutional capacity affects effectiveness of the tax system is well documented yet it does not seem to have been taken into account in 1997 (UNDP, 1991:70). Taxpayer morale and revenues have been constrained by high levels of corruption within the Uganda Revenue Authority (URA) and arbitrariness in the award of tax waivers and other tax advantages. The purpose of the thesis is, therefore, to examine the distortions engendered by the tax system and their impact on taxpayer morale, tax revenue and investment. The thesis focuses on the direct taxation of profits from business activity in the formal and informal sector. An examination of the taxation of business profits provides an opportunity to highlight the distinctions in the tax system with regard to the treatment of the same type of income based on the legal status of the taxpayer and other considerations. The taxation of business profits in the corporate sector is compared with the taxation of business profits under the personal income tax system, taxation of partnerships and other unincorporated businesses. There is emphasis on the taxation of the informal sector which is presently less than satisfactory. However, the analysis is done in the context of the socio-political situation in Uganda. The weaknesses in governance and corruption have had an impact on the tax system by encouraging tax avoidance and evasion among political elites as well as on activities in the informal sector. The thesis also explores possibilities of broadening the tax base within the existing legislative framework as well as other possibilities for reform, for example, the call for the expansion of the tax base through taxation of land and agriculture by various experts and the URA itself (Private Sector Foundation- Uganda, 2009:122). Account must also be taken of Uganda’s membership of East African Community (EAC) and the constraints this puts on its exercise of fiscal sovereignty.

Disertacijoje analizuojama trečiajame ir ketvirtajame XX a. dešimtmečiuose rusų porevoliucinėje emigracijoje veikusio intelektualinio ir politinio sąjūdžio - "eurazininkų" - idėjinė evoliucija. Nustatoma, kad eurazininkų sąjūdžio idėjinė transformacija (kuri dažnai apibūdinama kaip "Rusijos idėjos išsigimimas į Kremliaus mafijos pasaulinės hegemonijos idealą") buvo nulemta skirtingų koncepcijų (atstovaujamų pirmiausia N.Trubeckojaus, P.Savickio, G.Florovskio ir L.Karsavino) konkurencijos, atvedusios į 1929 m. eurazininkų judėjimo skilimą. Disertacijoje parodomas išskirtinis L.Karsavino (nuo 1928 m. gyvenusio Kaune)vaidmuo "klasikinio" eurazizmo idėjinėje evoliucijoje. / The ideological evolution of the intellectual and political movement existed in postrevolutionary Russian emigration in the third and fourth decades of the XX century is analyzed in this dissertation. The ideological transformation of the Eurasians movement (which was defined as "degeneration of Russian idea to the Kremlin mafia universal ideal of hegemony") was determined by the rivalry between different conceptions which were represented by N.Trubetzkoy, P.Savicky, G.Florovsky and L.Karsavin. L.Karsavin role (lived in Kaunas since 1928) in this dramatic movement's evolution which culmination was the split of the movement in 1929 is analyzed in this dissertation.

The ideological evolution of the intellectual and political movement existed in postrevolutionary Russian emigration in the third and fourth decades of the XX century is analyzed in this dissertation. The ideological transformation of the Eurasians movement (which was defined as "degeneration of Russian idea to the Kremlin mafia universal idea of hegemony) was determined by the rivalry between different conceptions witc were represented by N.Tubetzkoy, P.Savicky, G.Florovsky and L.Karsavin. L.Karsavin role (lived in Kaunas since 1928) in this dramatic movement's evolution which culmination was the split of the movement in 1929 is analyzed in this dissertation. / Disertacijoje analizuojama trečiajame ir ketvirtajame XX a.dešimtmečiuose porevoluiucinėje rusų emigracijoje veikusio intelektualinio ir politinio sąjūdžio - "eurazininkų" - idėjinė evoliucija. Nustatoma, kad idėjinė eurazininkų judėjimo transformacija (kuri dažnai apibūdinama kaip "Rusijos idėjos išsigimimas į Kremliaus mafijos pasaulinės hegemonijos idealą") buvo nulemta skirtingų koncepcijų, kurioms atstovavo pirmiausia N.Trubeckojus, P.Savickis, G.Florovskis ir L.Karsavinas, konkurencijos, atvedusios į 1929 m. judėjimo skilimą. Atskirai nagrinėjamas L.Karsavino (nuo 1928 m. gyvenusio Kaune), suvaidinusio ypatingą vaidmenį klasikinio eurazizmo idėjinėje evoliucijoje, "eurazinis" palikimas.

This is a study of social and legal change among the Kuria people of Tanzania. It examines the transformation of the Kuria ideas and practices concerning marriage, children and property rights. The study covers a period following the colonial rule in Tanzania beginning about the turn of this century to the present. The aim of the study is to show the relationship between the integration of the Kuria economy into a world economic system and the transformation of extant social relations. Although we recognise that social change is an unceasing process in any society, this study argues that forces associated with capitalist penetration accelerated this process. Thus, for example, the authority and power of the elders who had for many generations dominated the Kuria society was undermined. There was radical transformation of kinship and property relations and elders were no longer influential in matters relating to production. There was progressive individualisation of property rights as sUbsistence production was transformed to serve the needs of the capitalist sector. The role of the law and state is also discussed. We argue that both the colonial and the post-colonial states were instrumental in this process of change even if some of their policies appear to have been aimed at conserving certain forms of traditional relations. Within this context of change the responses of the Kuria people to economic change is examined. The study argues that rather than being passive objects of capitalist penetration the Kuria tried to influence events even though their options were highly circumscribed. For the elders change represented an opportunity to utilise their traditional positions to secure resources from the non-traditional economic sector while for the younger generation and the women, change· opened up the means for them to extricate themselves from relations of subordination.

The overall purpose of this thesis is to examine problems concerning implementation of the concept of sustainable development in the area of water resources using Thailand as a case study of a developing country. The aims and objectives of the thesis are to provide an analysis of water case studies focusing on fieldwork undertaken in different regions in Thailand, an analysis of the legal system; and strategies for environmental protection; considered in the context of rapid economic expansion. The thesis begins with an examination of the foundation and background of Thailand's legal system, its economic development and its environment. Particular emphasis is given in the thesis to water resources. Water is a specific medium to judge pollution standards as a whole. Pollution for land and air often eventually makes it way into water system. Water regulation and pollution control is an example of environmental regulation as a whole. This is followed by an analysis and evaluation of the legal framework of environmental law. The aim is to examine the evolution of the legal protection of the environment in Thailand as well as to analyse the existing contradictions between the country's legal order and its actual environmental problems. The dynamics of the country's political process are then considered. Finally, the question of how the concept of sustainable development might assist in the application of environmental protection to water resources in Thailand is examined, using disputes over water allocation and water pollution. The case studies are drawn from different regions in Thailand. In Thailand there has certainly been more environmental awareness in recent years, but the implementation of sustainable development strategies remains at an early stage, despite, the Rio conference in 1992 and Rio II in 1997 emphasising the conservation of natural resources. The concept of sustainable development is also incorporated in the new Enhancement and Conservation of National Environmental Quality Act 1992 (the 1992 Act), despite to a limited extent, some principles for sustainable development such as the precautionary principle, the PPP, EIA, right of access to environmental information and public participation. In Thailand primary legislation is in place but water resources regulations are required. Thailand is on a slow learning curve in its strategies for protecting the environment. In the thesis, case studies at a local level have been undertaken and through these case studies, it is clear that sustainable development concept is not fully integrated and accepted as a way to solve water problems at a local level. This indicates a failure of western concepts and their adaptation in developing countries such as Thailand. However, traditional approaches may be used to improve and promote sustainable development concepts together with Agenda 21, western approaches and experiences, which is called "The Mixed Approach". Thailand is in the advantageous position of being able to learn from the mistakes and environmental failures of the developed countries with respect to water resources policy. At the very least, it must acknowledge that environmental problems cannot be fundamentally solved without addressing them at the time of economic development. Still further, Thailand must not adopt the model of western environmental protection laws without first ensuring that the new reforms are suitable for the needs of the Thai economy and people.

This thesis describes and interprets the historical development of the legal regulation of the Ugandan trade union movement and assesses the relative importance of law in the determination of the character of trade union organisation in the post-colonial period 1962-1987. Chapter I defines the scope of the thesis and identifies the theoretical framework and analytical themes on which the thesis is based. Chapter II deals with the colonial foundations of the post-colonial legislation with which the thesis is mainly concerned. Chapters III, IV and V cover the period 1962-1987 whereby we analyse, first, the class and political character of the legal changes that take place between 1963-1976. Secondly, we examine the practical operation and impact of the law vis-a-vis the role of state policy and behaviour, the ideological outlook adopted by the trade unions, union constitutional structures and leadership struggles in the formation of the character of contemporary trade unionism in Uganda. The thesis treats law as a historical category and takes as its starting point the Marxist conceptualisations which view law variously as an instrument of the dominant class, as ideology or which attempt a materialist analysis. From these perspectives we examine the processes of class struggle through which the specific legislation came into being and more crucially the importance of the balance of class forces in the practical utilisation of legal rights or restrictions. We conclude in Chapter VI that while the economic parameters in which trade unions exist and operate are important determinants of union character, within those parameters the character of the state has proved to be most crucial. But at the level of the unions themselves, the ideology they adopt, their constitutional structures and leadership struggles, together, have created the contemporary undemocratic, economistic-apolitical and technocratic aspects of trade unionism in Uganda. However law has been important for the unions to the extent that it has been mainly a source of legitimation for their autonomous existence, most of the time, in their chequered history. The analysis of the historical and class origins and nature of the law regulating trade union organisation and the assessment we make of the role of law vis-a-vis the role played by other factors in determining the character of trade union organisation in Uganda is, in our view, an original contribution to the knowledge of industrial relations law in Uganda. The construction and interpretation of the historical phases through which both trade union law and trade union organisation have passed is likewise an original contribution to the knowledge of trade unionism in Uganda.

Today, the Nigerian oil industry is dominated by MNOCs who provide the technology and managerial expertise for the running of the industry. Petroleum development is a capital-intensive business involving enormous sums of money in foreign exchange. It also involves a lot of negotiations between the MNOCs and Nigeria. These negotiations often end with signing of contractual obligations by both sides. Nigeria, being a Third world country is at obvious disadvantage compared to the MNOCs in terms of risk capital, technology and management skills. The major focus of the study is on the structure and forms of petroleum development contracts between Nigeria and the MNOCs. The scope covers contracts spanning the period when oil exploration first began in Nigeria to the present. Crucial issues such as ownership, control, transfer of technology, financial returns and 'indigenisation' of the industry under the contracts is examined against the background of the country's overall foreign investment policies, petroleum policies and changes in the global oil scene. The aim is to see whether the contracts strike a balance between foreign exploitation and national policy objectives. With contemporary study of law gradually moving towards the study of law as an interdisciplinary subject, the study significantly draws on political economy writings in economics, politics and law. It is found that three kinds of petroleum contracts are operating in Nigeria. These include - concession regimes, joint venture/participation agreements and production sharing/risk service contracts. Also that the structures of these contracts are largely based on the bargaining strength of the two parties. Although, the study argued that Nigeria had improved her bargaining position through her experience over the years and membership of OPEC, yet the study demonstrates that these contracts do not allow Nigeria enough opportunity to reduce her dependence on the MNOCs. In all, the study demonstrates how difficult it is for a less developed country such as Nigeria to gain complete control over its petroleum resource (even if it has the capital) if it lacks technological and managerial capabilities. It also demonstrates the role and limitations of law in fashioning the framework for relations between MNCs and the TWCs.