No description available.

No description available.

This thesis draws on a wide range of primary sources in order to explore the criminalisation of children in nineteenth century Scotland. The analysis is set in the context of far-reaching changes in the administration of criminal justice including the expansion of urban policing, alterations in criminal procedure and legislative developments. Against this background the thesis examines the impact of pragmatic, religiously inspired philanthropy on reform of juvenile justice in Scotland and argues that Scottish reformers in the 1840s and 1850s achieved a remarkable degree of success in setting up a unique pre-statutory national experiment to deal with juvenile offenders. This innovative diversionary system was based upon the concept of the day industrial school, first set up by Sheriff William Watson in Aberdeen in the early 1840s. A genuine welfare initiative, the day industrial school was preventive in approach, aimed at rescuing vagrant, destitute children and juvenile offenders from a life of crime. Instead of being sent to prison children were sent by the courts to the schools where they received education, food and training in a trade. This system provided a model which was emulated in the reform of juvenile justice throughout the UK and was also of international influence. However, one of the key contentions of this thesis is that from 1854 onwards the pre-statutory Scottish system underwent a process of transformation as it adapted to changes associated with the advent of a statutory UK framework governing certified industrial and reformatory schools. Pressures for uniformity, in the shape of centralising influences and standardising UK wide legislation, combined to subvert the humane ethos of the Scottish pre-statutory system. To the dismay of the original advocates of reform in Scotland the statutory system evolved in a way that they had not anticipated: by the closing decades of the nineteenth century diversionary systems for young offenders had developed into a mechanism for channelling large numbers of children into prolonged detention in residential industrial and reformatory schools, establishments which were penal in character. This entailed criminalisation of children on an immense scale, impacting in a particularly dramatic way on Scottish children. However, despite the enormous gulf between the benign aspirations and high idealism of the early Scottish reformers and the eventual dismal outcome in practice, there was evidence of an abiding current of humanitarianism still flowing through the Scottish system. This left its mark on the Scottish approach which continued, in some respects, to reflect the humanitarian legacy.

The delimitation question of the continental shelf has been a controversial issue since the early stages of the continental shelf doctrine. Two sets of rules and principles have so far been relevant to the delimitation question. These are, the Conventional solution of Article 6 of the 1958 Convention on the Continental Shelf (the equidistance/special circumstances formula), and the Customary solution of the 1969 North Sea Cases (the equitable principles/relevant circumstances formula). Three issues appear to have been the main problematic areas of these two solutions, namely, the actual stand of both solutions concerning the equidistance principle, and the meaning and scope of the special circumstances clause and the relevant circumstances clause. The main concern of the present thesis is these three problematic issues. The thesis is divided into two parts, which in turn are divided into six chapters. Because the said issues, by their very nature, are connected with the problem of the legal, geophysical, economic and political bases of the doctrine, Chapter I provides a general background aiming at identifying such bases. The Second Chapter examines the Conventional and Customary solutions using analytical and comparative perspectives. In Part Two a thorough examination of the said two clauses is attempted. Chapter III examines the available State practice and the judicial and arbitral cases aiming at identifying the meaning and scope of the relevant circumstances clause. Chapter IV discusses each individual relevant circumstance in order to determine their features and requirements. In chapter V, the special circumstances clause is examined, wherein its meaning and scope as well as the features and requirements of each individual special circumstance is discussed. Then the last Chapter provides the conclusions of this study. In the course of examining the said problematic issues, it seemed that any attempt to provide relevant clarification would be doomed to failure unless it was based on a sound criterion. Accordingly this thesis endeavoured to search for such a criterion, which was eventually found to be the irredressable disproportionally distorting effect principle. In the light of this principle, the thesis tries to prove that the relevant circumstances and the special circumstances clause, so far, have managed to embrace identical categories of circumstances, and hence they have the same meaning and scope; and the actual stand of both, the Conventional and Customary solutions, concerning the equidistance principle is identical. From this another conclusion followed. That is, the Customary and Conventional solutions are so far identical.

No description available.

On 27 April 1998, the European Union (EU) removed the People's Republic of China from its list of non-market economies (NMEs) due to the progress made under China's economic reforms. After that, it has applied a hybrid anti-dumping policy towards imports from China, including the use of the analogue country method, conditional market economy treatment, one country one duty rule and individual treatment. However, there has been no significant change as far as the EU anti-dumping authority's practice is concerned. This is inconsistent with China's current economic status as a transitional economy with many sectors very close to a market economy. This thesis analyses the implementation of the policy and explores its legal problems and issues from both a theoretical and practical standpoint. The study begins by examining the origin of EU anti-dumping legislation - the General Agreement on Tariffs and Trade (GATT) anti-dumping rules. It identifies the legal problems of EU anti-dumping practice in the context of China's economic reforms starting from 1979. In order to suggest solutions to several of the problems thus identified, comparative studies are made to reveal alternative strategies by illustrating the anti-dumping legislation of the U.S, Australia, New Zealand and Japan insofar as it is applicable to China. Due to China's accession to the World Trade Organization (WTO) on 11 December 2001, new issues and disputes may arise with regard to the EU's anti-dumping practice. With regard to all of these issues, this thesis finally attempts to propose solutions to both the EU and China.

This thesis is a comparative and analytical study which comprises of an analysis of the rules of the seller's liability for non-conforming goods of four legal systems; Korean law, English law, the U.N. Convention on Contracts for the International Sale of Goods (1980) and the E.C. Directive on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees. The purpose of this study is to ask whether there is any need to introduce a unified liability system into Korean law and how to achieve the system under the existing law in order to overcome all the complexities caused by the separate existence of the general liability for non-performance and the seller's guarantee liability. A further purpose is to investigate how effectively the rules of the seller's liability for non-conforming goods protect the reasonable expectations of the parties; in particular, the interests of consumers and private sellers which are distinguished from those of commercial buyers and business sellers, respectively, and where the issue is not directly related to the particular interests of consumers or private sellers, the common interests of all the parties. The study is conducted by an internal evaluation within the boundaries of law in a legal context and an external evaluation in light of 'efficiency' as used by economists. It shows, first, that Korean law needs a unified liability system which is based on a contract to resolve the problems originating in the distinction between the general liability as a contractual liability and the seller's guarantee liability as a legal liability. Second, achieving a genuine unified liability system require one's interpretation that rescission and damages in the seller's guarantee liability should be as they are in the general liability. This would settle other problems inherent in the casuistic distinction between the general liability as a fault liability and the seller's guarantee liability as no-fault liability and its consequences in interpreting damages under the seller's guarantee liability. Finally, in what aspects of the seller's liability for non-conforming goods each jurisdiction fails to reflect the interests of consumers and private sellers, and the common interests of all the parties.

No description available.

The central thesis around which several arguments develop and revolve in this work is that time has come for members of the legal profession in Botswana, Lesotho and Swaziland - countries with shared historical, cultural, legal and socioeconomic values - to join other forces in assessing both their structures and functions with a view to readjusting them to suit the new demands of society, namely that even under those new conditions, legal services must not only be available but must be competently delivered to the public. To be responsive to the needs of society, lawyers must be trained in such a way that they are able to appreciate the importance of social goals and contribute to the full satisfaction of those goals with competence and efficiency. In advancing the above thesis three methods are employed. Firstly, is to establish the present and future needs of the society and how these needs can be met in terms of the necessary requirements of law, lawyers and the entire legal process to satisfy those needs. Secondly, to establish the extent to which those needs have and are being met and to explain the reasons for the limitation in their success. Thirdly, to advance the theory that legal education has a task in transforming society by equipping students with highly developed skills needed to bring about people-centred development. The object of the thesis is, therefore, to develop and explore through empirical research new avenues of development-oriented legal education by analysing the sources and magnitude of the problem of legal education; by examining the social context in which law, lawyers and the entire legal process operate; by exploring all factors, legal and non-legal, which limit law, lawyers and legal institutions, including legal education in their role to meet the needs of society and by developing a skills-oriented legal education which would produce lawyers much needed for development within the context of Botswana, Lesotho and Swaziland. To that end the work is divided into ten chapters discussing, amongst others, the objectives and methodology employed in the research; the concept of development and the limitations of lawyers in that development process as evidenced by the socio-political economy of the BOLESWA countries; the legal needs and the utilisation of lawyers to meet those needs in Swaziland; and the extent to which the past and present law programmes adequately prepare lawyers to satisfy social needs. It ends by providing a few suggestions. However, central to the entire discussion is the development of a fresh model in legal education that emphasises skills development as the most appropriate for development-oriented lawyers needed today in the BOLESWA countries. In one's research in legal education, one is struck by lack of sufficient work in this area. Yet legal education is at a crossroad of its development in the BOLESWA countries where crisis of law and development occupy central themes in scholarly debates currently taking place. If significant changes are to be effected, the arguments on skills development presented in this thesis remain critically important for future debates, policy formation and implementation on the subject in the BOLESWA countries and Southern Africa generally.

This thesis investigates the development of democracy as a principle of international law, primarily from the view of human rights law, with the purpose of developing a basis for an international law of democracy. It begins with the proposition that the international legal argument prevents current international human rights law, and a future international law of democracy, from being effective for the individual, for whom the law is supposed to benefit. Under the present arrangement human values do not have a great impact upon the law as individuals are excluded from the law making process which remains an affair exclusive to states and governments. Furthering democracy as a legal principle will assist in making the law more effective as individuals are able to participate In the decisions impacting their lives. At the global level the development of democracy as a legal idea has remained primarily as rhetoric expressed in a number of diverse texts covering a wide range of international activity. The nature of democracy as an contestedtopic is demonstrated at the global level as the lack of agreement on its meaning and application have prevented the creation of substantive legal principles. At the regional level in Europe, the Americas and to a lesser degree Africa, existent intergovernmental organisations with a concern for human rights have made great strides in developing an international law of democracy for their specific region. Efforts in support of democracy globally and regionally are transforming international law in way that is more responsive to the needs and desires of individuals. Numerous obstacles hinder this progress but the large amount of rhetoric expressed in support of democracy and human rights provide individuals with the tools necessary to ensure the law does not remain only rhetoric.