In Kenya, as in British Columbia, a high percentage of the forest land is owned by the Crown. Since Government controls most of the raw material for the forest industry, its timber disposal policies will have a considerable influence on the pattern of industrial development. The most suitable policy will be that which allows the maximum degree of industrial efficiency to be achieved and at the same time, adequately protects the public interest in the forest resource. The main methods of timber disposal open to the Kenya Government are: (i) To dispose of all Crown timber by public auction. (ii) To grant leases of Crown timber to private enterprise concerns, Government retaining the responsibility for forest management. (iii) To grant leases to private enterprise concerns and, in addition, to delegate to these same concerns the responsibility for forest management. Such a lease would be equivalent to British Columbia's Tree Farm Licence. (iv) To dispose of Crown timber by outright alienation. (v) To establish State manufacturing plants. It is not essential that the Government commit itself to any particular one of the above alternatives in practice, a combination of two or more may be desirable. This thesis is primarily concerned with the Tree Farm Licence method of timber disposal. The main objectives are: to study the progress of the Tree Farm Licence, to assess its advantages and disadvantages and to discuss its applicability in Kenya. The main conclusions drawn are that the Tree Farm Licence has brought several important benefits to British Columbia and in particular, has encouraged the establishment of the large integrated forest industries which play an important part in supporting the Provincial economy. The introduction of a similar licence into Kenya would be desirable, but for political reasons probably impracticable at present. / Forestry, Faculty of / Graduate

This thesis is an analytical study of the legal and political aspects of the Strait of Hormuz. It involves an evaluation of the policies of the Gulf States towards the applicable legal regime of passage through the Strait of Hormuz and their reactions towards both the 1958 and 1982 conventions on the Law of the Sea. Special attention is made to the practice of the States bordering the Strait of Hormuz as contained in their national laws. Our analysis of the applicable legal regime of passage through the Strait of Hormuz is conducted in the light of the prevailing international rules governing passage through international straits. Extensive discussion is devoted to the principal sources of threats to the Gulf’s security and to the safety of navigation through the Gulf Sea lanes, including the Strait of Hormuz. / Law, Peter A. Allard School of / Graduate

Canadian natural gas deregulation has terminated government price setting in favour of prices determined by market forces. However, the transportation of the commodity remains regulated due to the monopolistic nature of the distribution system and the Canadian economies of scale which preclude business rivalry. This paper attempts to discern whether the transition to a new regime is following the legal principles underlying public utility regulation. Promotion of the public interest is therefore a pervasive theme of this paper. While regulatory law allows certain forms of discrimination in the setting of rates and the provision of services, it prohibits undue or unjust discrimination. The thesis proposed herein focuses on regulatory theory and the possibility that incidents of undue discrimination may have been exacerbated by the deregulation process. The examination begins with a review of the discrimination provisions of section 92A of the Constitution Act 1867, the so-called "Resource Amendment". More attention is directed to public utilities theory given its compelling application to the natural gas industry. Deregulation is then discussed including an analysis of "direct sale" contracts involving the commodity as well as the "bypass" of the local pipeline distribution systems. Some conclusions are then made concerning competition and changing commercial conditions. Grave doubts are voiced as to whether the National Energy Board is properly applying the principles of public utility regulation during the transition to a more market oriented natural gas environment. One important conclusion is that direct sale contracts should be encouraged in the core market as well as in the industrial market by the National Energy Board in order to promote upstream competition among gas producers in the public interest. Finally, it is hoped that these doubts will be resolved by the Board in its new (RH-1-88) public hearing which will address issues related to deregulation, including direct sales and the ancillary self-displacement and operating demand volume (ODV) methodology. / Law, Peter A. Allard School of / Graduate

The broad aim of this study is to investigate and recommend a model which would contribute to finding a solution to the AIDS pandemic facing the insurance industry. At present HIV positive persons are excluded from obtaining life insurance, and as a result of this they are excluded from obtaining access to finance as a life insurance policy is a vital financial instrument when attempting to access finance. The insurance industry has decided to protect itself and its response to the pandemic smacks of crisis intervention rather an attempt to find a solution acceptable to all parties. The intention is to investigate the role that all stakeholders, the public sector, the state and the industry can play in contributing to an imaginative response posed by this challenge. This study explores the causes and prognosis of AIDS, how the life insurance industry operates, how necessary life insurance is, strategies adopted by the industry in the face of this challenge, the experience of international insurers, as well as suggesting possible solutions and examining their mechanics. The study also investigates the impact of the Constitution and the Fundamental Rights on the suggested solutions. It recommends a particular solution as a workable model within a social policy perspective. It concludes with a request that all stakeholders participate in this solution for and to the benefit of everyone, as AIDS is not the problem of medical practitioners, or attorneys, or the insurance industry, but a societal problem.

A recent decision of the House of Lords in England, Woolwich Building Society v Inland Revenue Commissioners (No 2) (1), is of great importance for taxpayers and has impact in the fields of constitutional, public and tax law. Although a decision of the courts of England, it has great significance for our law as well, especially in the light of two important recent decisions of our Appellate Division, CIR v First National Industrial Bank Ltd (2) and Willis Faber Enthoven (Pty)Ltd v Receiver of Revenue and Another (3). In the Woolwich Building Society case the Revenue had issued a demand under the Income Tax (Building Societies) Regulations 1986 to the plaintiff building society for payment of composite rate tax amounting to £56 998 221 on interest and dividends paid to investors between 30 September 1985 and 1 March 1986 and it had paid the tax claimed under protest. Plaintiff disputed the validity of the 1986 regulations but paid the amount assessed in three instalments commencing on 16 June 1986.The next day it applied for judicial review of the regulations to challenge the lawfulness of certain provisions and also issued a writ on 15 July to recover the amount paid as money had and received, together with interest thereon. In October 1990 the House of Lords confirmed that the sections of the regulations complained of were indeed ultra vires the enabling legislation(4).Plaintiff then continued its action for repayment and sought payment of interest on the capital from the dates of payment of the three instalments until judgment was given at first instance in the High Court on 31 July 1987. Inland Revenue accepted only a moral obligation to repay the principal amount of £57 million, together with interest from the date of first judgment in Plaintiff's favour. However, the Revenue claimed that any such repayment would be a matter of administrative grace only and not of legal entitlement, with the result that no interest was due for the period between the original payment and the date of that High Court judgment. Plaintiff would only have been entitled to recover the interest in issue if it would be able to show that it had been entitled in law to repayment of the principal sums as from the dates of their first payment. The main issue before the House of Lords was whether, and in what circumstances, a taxpayer is entitled, as a matter of right, to recover sums paid to the Revenue pursuant to unlawful

The South African Income Tax Act contains a number of specific anti-avoidance sections, as well as a general anti-avoidance section. This dissertation will focus on the general anti-avoidance section 103 of the Income Tax Act No. 58 of 1962 and highlight the individual requirements and their interpretation by the courts. Special consideration will be given to the difficulties of the normality requirement. The amendments made to the section and a brief consideration· of similar general anti-avoidance provisions in other countries shall also be evaluated. Where tax cases are analysed, it must be kept in mind that the burden of tax is imposed by Parliament in the form of the Income Tax Act or other laws while it is the Courts that apply these laws. The 'task' of the Courts has accordingly been described by Lord Templeman in the recent case of Ensign Tankers (Leasing) Ltd v Stokes: 1 'The task of the courts is to construe documents and analyse facts and to ensure the taxpayer does not pay too little tax or too, much tax but the amount of tax which is consistent with the true effect in law of the taxpayer's activities. Neither the taxpayer nor the Crown should be deprived of the fiscal consequences of the taxpayer's activities properly analysed. ' Having this '_task' in mind we will see how the general anti-avoidance provision has been enforced by the Courts. We will see if section 103 is the powerful sword in the hands of the Commissioner of Revenue or just another 'paper tiger'. Lastly I will deal with the general provision against the utilization o( assessed losses s 103(2) and dividend and interest swaps sl03 (5).

Our law recognises two types of loans, namely a loan for use (commodatum) and a loan for consumption (mutuum)'. In a loan for use something is delivered for use by a borrower without reward, and the borrower is obliged to return the same thing he received on loan. For example, a person may lend another person an asset of his, and when the recipient has finished using that asset the identical asset in the same condition as received, is to be returned to the lender. In a loan for consumption one or more units of some fungible thing are delivered to the borrower. The borrower may consume what has been received but is bound to return the same number of units of the type of the thing borrowed. In constrasting a commodatum with a mutuum, it can be seen that a lender ·in the first instance retains ownership of the asset loaned, whereas in the second, ownership is passed to the borrower, who undertakes to repay the loan by delivering things of an identical quality and quantity as those borrowed. Thus, an essential characteristic of a loan of money is that the lender is either the owner of the funds advanced, or is authorised to make the loan by the owner. Once delivery has taken place to the borrower a contract can probably be said to be binding. 2 Thus, a contract of loan cannot be said to be binding by part performance as, in mutuum the only person bound is the person who received a service by the handing over of the money in question.

The purpose of this paper is to outline the international income tax implications facing a South African emigrant. The discussion that follows is based on an individual or family emigrating from South Africa to Australia. The reason why I have chosen Australia is because I have a detailed knowledge of the domestic tax laws in Australia. The thought process that I have followed applies equally to most other western countries. The reason for this is because Australia's income tax system is based on residence principles which are similar to most other western countries. On the other hand, South Africa's tax laws are based primarily on source principles, a feature which is applicable mainly to tax havens (but for the high rate in South Africa). I will commence firstly by giving a brief overview of the income tax system in Australia. I will then proceed to discuss the income tax consequences of a flow of dividends and interest out of South Africa, and into Australia. I will then attempt to raise alternative structures which will provide a more effective after-tax return to the individual or family who settles in Australia.

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