Aircraft engine emissions from civil aviation cause several adverse effects to the atmospheric environment. These emissions are among the known major contributors to changes in atmospheric chemistry and global climate change. One way in which the international community has responded to the problem has been the adoption of several international treaties, generally dealing with subjects such as protection of the ozone layer, long-range transboundary air pollution, and global climate change. / The other way in which the problem has been dealt with is the adoption of an industry-specific international regulatory regime for controlling aircraft engine emissions from civil aviation. In this regard, the international community has, through the law making functions of the International Civil Aviation Organization (ICAO), adopted the mechanism of Standards and Recommended Practices (SARPs) to establish a regulatory framework aimed at reducing environmentally harmful engine emissions. These SARPs, though international in nature, are to be implemented at the national level by the member states of ICAO. / This thesis provides a review of current understanding of the effects of aircraft engine emissions on the atmospheric environment and an analysis of the international responses to the problem. In particular, it focuses on the industry-specific regime adopted by ICAO and considers whether it is an effective tool for achieving a balance between the safe and orderly development of civil aviation and the human environment.

No description available.

The current international tax regime was conceived at the beginning of the 20th Century and the rules have remained relatively unchanged since then. The operational rules of the international tax regime were designed for an economic era in which major international commercial enterprises were confined within a physical paradigm, and they had succeeded in achieving an acceptable and practical allocation of tax revenue that was being generated from international commerce. As commerce sunders itself from its physical boundaries, the traditional international tax rules that are confined within a physical paradigm fail to provide an adequate solution to the tax issues raised by EC business activities. / The challenges raised by EC business activities have been recognized by many governments and the OECD, and the OECD has tried to resolve these issues by modifying the traditional rules. The aim of this thesis is to analyse whether the professed modifications of the traditional rules could provide an adequate solution to the challenges raise by EC business activities, as well as to determine whether it is possible to develop and implement a new set of operation rules, premised on the implicit justifications of the existing operational rules, for the taxation of multinational corporations conducting EC business activities. The thesis does not intend to provide an ultimate solution, but it tries to consider an alternative approach that could be applicable for the taxation of EC business activities, and to contribute to the debate, assuming that national governments intend to tax corporations.

No description available.

As the airline industry is in the midst of an economic crisis, air carrier ownership and control rules that have governed international air transport relations for the last fifty years have become subject to increased revision. Those rules impede the free flow of capital and airline consolidation across borders. Airlines have limited opportunities to structure their operations to serve global markets. Most importantly, the rules restrict the strategic choices available to ailing airlines and impede the restructuring of the industry. Particularly in the European Union, where liberalization is limited by restrictive ownership requirements included in bilateral agreements with third countries, airline consolidation and rationalisation through mergers and acquisitions is badly needed. / Impetus for liberalization emanates from the recent judgments of the European Court of Justice in the "Open Skies", which created the opportunity to revisit the entire ownership and control framework on a global scale. The Fifth ICAO Worldwide Air Transport Conference (ATConf/5) provided States with a forum to discuss and bring about change. Finally, the industry itself is pushing towards the liberalization of ownership restrictions that prevent it from operating like any other industry sector. / This thesis provides a review of the recent developments in the field of air carrier ownership and control. The focus is on a critical analysis of the outcome of ATConf/5. In particular, it will examine the significance of ATConf/5 for the development of ownership and control issues in air transport relations between the EU and third States and ultimately for the restructuring of the EU airline industry.

No description available.

No abstract available. / Thesis (M.Com.)-University of KwaZulu-Natal, Westville, 2004.

Marine reinsurance is an indemnity relationship in which the marine reinsurer indemnifies the insurance company for losses paid. When a primary insurance company becomes insolvent, there may be insufficient funds in the estate to pay claims in full and it may take several years to distribute such funds. / For this reason, some insureds and third-party claimants seek to collect reinsurance proceeds directly from reinsurers (direct actions). However, The indemnity nature of the reinsurance agreement prohibits direct actions against reinsurers for reinsurance proceeds by insureds and other claimants. Under a marine reinsurance contract, the reinsurer does not assume the liability of the reinsured insurance company. In other words, the original insured cannot enforce his insurer's contract of reinsurance and is not a third-party beneficiary to that contract. Therefore, no privity exists between the reinsurer and the insured or persons claiming through him under the contract of reinsurance. / Absent an intent to benefit directly or create rights in insureds or other third parties, reinsurance proceeds are payable only to the reinsured insurance company or its domiciliary liquidator where the insurer becomes insolvent. / The insolvency of the reinsured does not affect this fundamental premise. Yet, in the face of this well-established principle of law, the original insured and other claimants still seek to recover themselves by making direct claims on the insolvent's reinsurers. The persistence in pursuing the variety of theories upon which the claimants have proceeded suggests a continuing unwillingness to accept the balancing of interests stay in liquidation statutes and the need for reinsurers to clearly settle their rights and obligations in reinsurance contracts.

No description available.

The study was designed to facilitate realization of two major purposes. The first purpose was to trace the historical development of the concept of "least restrictive environment." The second purpose of the study was to identify implementation considerations inherent in the concept for public school officials and administrators.A documentary research procedure was used to accomplish the purposes of the study. A review of federal legislation and related literature was made to trace the historical development of least restrictive environment. A review and analysis of federal legislation, court decisions, and related literature were made to identify the considerations which must guide school officials to insure that handicapped children will be provided fair and appropriate placement to receive educational programs and services in a setting consistent with and supportive of the concept of least restrictive environment.The earliest federal legislation providing educational and maintenance care for handicapped persons was passed in 1827. Federal legislation passed during the period from 1827 to 1965 reflected the then current social philosophy that handicapped individuals should be segregated from the general public and be served in separate "asylums." Federal legislation designed to mandate educational and/or maintenance care for handicapped persons passed during the period from 1967 through 1975 has reflected the developing philosophy that handicapped persons have the same civil and human rights as nonhandicapped persons, particularly as such rights relate to educational programs and services.The concept of "least restrictive environment," as described by law, means that handicapped children must be educated in the most normal setting feasible; must be educated, to the maximum extent appropriate, with nonhandicapped students; must be given access and opportunity to participate in nonacademic and extracurricular activities; and regular and special education programs must be physically accessible to handicapped students.Findings of the study show that handicapped students have the same legal right to a free, tax-supported education as do nonhandicapped students. When considering educational programs and services to be provided handicapped children, the basic assumption must be that the child can best be accommodated in a regular classroom setting. If and as school officials secure hard evidence that a handicapped child cannot be served adequately in a regular classroom setting, special programs and support services, as may be appropriate, must be developed for the student. Public school officials have a legal obligation to provide whatever specialized instruction is required for the child. A lack of funds does not relieve school officials from the obligation to provide needed special education. When considering any change of placement for a child, due process procedures must be followed. Educational programs and services given must be designed to help the handicapped student develop behavioral patterns acceptable in the community. Therefore special education programs and services should be organized in such a way as to provide extensive opportunities to interact with the community. Entrance requirements, such as standardized tests, which discriminate against handicapped students, may not be used to determine eligibility for participation in a specific program unless school officials can demonstrate that the entrance requirement is necessary to successful completion of the specific program.It is clear that even though federal legislation has mandated that educational programs for handicapped children, the judicial branch of government has provided the directives and guidelines which have resulted in the implementation of programs for the handicapped.The concept of least restrictive environment is as much a philosophical attitude as it is a legal definition. The least restrictive environment involves an emotional acceptance of handicapped students as well as a physical acceptance of handicapped students into a particular building or classroom.