LL.M. (Human Rights Law) / The idea of “development” being a legitimate universal human entitlement is not a new phenomenon. The emergence of this concept can be traced back to a number of universal norms which emerged from the United Nations (UN) legal framework since its creation in 1945.These norms include principles such as: greater democracy and representation in international relations; the economic complementarities of independent States; individuals as beneficiaries of social, economic and political development; respect for human rights; and the interrelationship between human rights and development.1 These principles provided the background against which the first UN working group on the Right to Development started elaborating a legal framework aiming at providing a binding solution to the conflict between industrialized States and developing States concerning the distribution of the world’s resources in 1970. At that time, the atmosphere at the UN Commission on Human Rights was highly charged with ideological positioning. Socialist countries pressed for peace and disarmament; developing States for development and an end to apartheid; Western industrialized States for establishing damage control machinery to scrutinize violations of civil and political rights.2 In 1977, the Commission on Human Rights submitted to the U.N Secretary General its first proposal which considered the suggestion of the UN Working group on the Right to Development. The proposal suggested that the “universal entitlement to development” was a prerogative of States on behalf of their populations.3 This proposal was rejected in 1979 by the conservative North American, European members of the U.N, and other committee members.

Geographical indications assumed prominence in terms of juridical development and economic importance with their inclusion in the TRIPS Agreement. Due to their nexus with place of origin, the importance of agricultural GIs has increased manifold. Pakistan has a strong agriculture-based economy. It has many valuable GIs, like Basmati rice, with significant trade worth billions of dollars. Nevertheless, not a single GI has been registered in Pakistan due to factors such as the inadequacies in the present system of protection of GIs in Pakistan, institutional weaknesses and the absence of an active role of the state. This thesis argues that a sui generis law for the regulation of agricultural GIs will facilitate better protection of GIs and economic development in Pakistan provided that it is also accompanied by the necessary institutional reforms. Pakistan is making efforts to enact a separate GI law for better protection of its GIs. However, there are administrative hurdles and institutional incapacities in Pakistan which need to be reformed. Examples have been taken from the sui generis laws of the EU and India in the discussions on legislative and institutional reforms in Pakistan. The EU and Indian sui generis laws have shown better protection of their GIs resulting in the registration of hundreds of their GIs and economic development. The situation in neighbouring India was the same as is currently found in Pakistan until 2003 when it introduced its sui generis law; it has now registered hundreds of GIs. Besides literature reviews, interviews have been conducted with public and private sector stakeholders to gain an insight into the weaknesses and strengths of the system of protection of GIs in Pakistan, as well as potential reforms. Based on the findings, a sui generis law and institutional reforms for better protection of agricultural GIs and economic development in Pakistan are proposed.

University of Macau / Faculty of Social Sciences and Humanities / Department of Economics

University of Macau / Faculty of Law

Univ., Diss.--The Hague, 2006. / Literaturverz. S. [261] - 275.

Thesis (Ph.D.)--York University, 2005. / Includes bibliographical references (leaves 592-662). Also available on the Internet.

The recession that started in the late 2000s has created significant economic and financial challenges globally and within nation states. In particular, oil-producing countries have been further affected by the fall in oil price. It is therefore crucial that alternative, more sustainable methods of sourcing revenue be investigated and utilised. The purpose of this thesis therefore is to examine the use of corporate tax regimes as a sustainable revenue source in promoting economic growth and development in Nigeria. Using a qualitative legal analysis, of the Nigerian corporate tax regime and through an extensive literature review, the thesis identified a number of key findings. Inter alia, that revenue from corporation tax structures are a sustainable revenue source mostly because of the amount of revenue generated through Multinational Corporations (MNCs). Secondly, the existing Nigerian corporation tax regime is in need of reform as there are developmental challenges, including lack of implementation and ambiguous legislation, which continue to thwart its success. Therefore, this leads to establishing how, and to what extent that Nigeria can use its corporate tax regime as a sustainable revenue source. The answer to this lies in the legal framework of corporate tax regimes. This thesis argues that legal uncertainties in the corporate tax regimes are the principal reason for the challenges faced by both state governments and MNCs. The thesis concludes by recommending reforms to the Nigerian tax regime while also recommending a tax compliance strategy for both domestic and international corporate tax regimes. This will set a foundation for corporation tax regimes as a sustainable revenue generation source for developing countries.

Thesis (LLM. (Development and Management Law)) -- University of Limpopo, 2019 / This mini-dissertation articulates the socio-economic challenges faced by South Africans, such as poverty, unemployment and lack of infrastructural development. The mini- dissertation establishes that tourism is an engine that drives socioeconomic transformation thus elimination poverty, creating employment and bringing about infrastructural development. It highlights tourism law, policies and international instruments that ensure that factors such as environmental protection, travelling, skills development, and so on ensure that tourism is promoted and thrives to transform the lives of historically disadvantaged South Africans. It identifies tourism impediments that stand as obstacles hindering tourism to provide socio-economic transformation and makes a moderate attempt to offer sustainable solutions. It recommends that the Department of Tourism through co-operative governance with other organs of state should strengthen implementation of legislation, institutions and policies vested within its power to ensure that tourism is developed to create employment and alleviate poverty. As a comparative analysis the approaches of Australia and Canada were utilised and useful lessons were drawn from them.

This work is built on three pillars and seeks to contribute to the understanding of the right to development (RtD) especially from the perspective of human rights non-governmental organisations. First, the right to development, arguably one of the most recent and controversial rights in the architecture of international human rights, shapes the development paradigm in a manner that integrates civil, cultural, economic, social, political and environmental rights of both individuals and groups without distinction. Secondly, in general, social movements – including nongovernmental organisations (NGOs) – play a crucial role as agents for change in any democratic society. Africa, and within it Côte d’Ivoire, is no exception. Thirdly Côte d’Ivoire, an African country once heralded as a success story has been confronted with an internal conflict with impacts which continue to be felt in the form of increased poverty and insecurity. The country strives to resume peace, development and stability but does not appear to have reached the end of the tunnel. The issues confronting this country are similar to those identified by Former South African President, Thabo Mbeki, and others to justify the promotion of the African Renaissance as the vision to pursue. From the perspective of human rights law, these issues are largely covered by the RtD. Therefore, can NGOs in Côte d’Ivoire contribute meaningfully to addressing the challenges facing the country through the pursuit of the RtD? This is the question at the heart of the present work. This thesis establishes two main conclusions. First, in the current context of the Côte d’Ivoire, a shift in focus towards the RtD will enable NGOs be part of the solution to the multifaceted problems Côte d’Ivoire is seeking to overcome. Secondly, no NGO currently has the requisite experience in working on the RtD in Côte d’Ivoire. However, the structural reasons for this vacuum relate in the main to knowledge and capacity. These can be addressed and recommendations are formulated to this end. / Public, Constitutional, & International / LL.D.

This work is built on three pillars and seeks to contribute to the understanding of the right to development (RtD) especially from the perspective of human rights non-governmental organisations. First, the right to development, arguably one of the most recent and controversial rights in the architecture of international human rights, shapes the development paradigm in a manner that integrates civil, cultural, economic, social, political and environmental rights of both individuals and groups without distinction. Secondly, in general, social movements – including nongovernmental organisations (NGOs) – play a crucial role as agents for change in any democratic society. Africa, and within it Côte d’Ivoire, is no exception. Thirdly Côte d’Ivoire, an African country once heralded as a success story has been confronted with an internal conflict with impacts which continue to be felt in the form of increased poverty and insecurity. The country strives to resume peace, development and stability but does not appear to have reached the end of the tunnel. The issues confronting this country are similar to those identified by Former South African President, Thabo Mbeki, and others to justify the promotion of the African Renaissance as the vision to pursue. From the perspective of human rights law, these issues are largely covered by the RtD. Therefore, can NGOs in Côte d’Ivoire contribute meaningfully to addressing the challenges facing the country through the pursuit of the RtD? This is the question at the heart of the present work. This thesis establishes two main conclusions. First, in the current context of the Côte d’Ivoire, a shift in focus towards the RtD will enable NGOs be part of the solution to the multifaceted problems Côte d’Ivoire is seeking to overcome. Secondly, no NGO currently has the requisite experience in working on the RtD in Côte d’Ivoire. However, the structural reasons for this vacuum relate in the main to knowledge and capacity. These can be addressed and recommendations are formulated to this end. / Public, Constitutional, and International / LL.D.