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The eradication of domestic expediency by the African court on human and peoples' rights : lessons from Europe.Singh, Sandhiya. January 2003 (has links)
The proposed African Court on Human and Peoples' Rights is an important
development in the history of Africa. For the first time, there will be a regional
judicial mechanism for the adjudication of human rights issues. The difficulty
may lie in the manner in which the Court applies its discretion in relation to
the doctrine of margin of appreciation and derogations. As a subsidiary body
that has a power of review, the Court must tread warily when applying these
principles. Lessons may be learnt from the well established European Court of
Human Rights which has applied and developed the doctrine of margin of
appreciation and has had occasion to examine the manner and extent of
derogations from the European Convention. Applying this knowledge in an
African context is important, but there must be discretion in that application
that takes the particular circumstances of Africa into account. / Thesis (LL.M.)-University of Durban-Westville, 2003.
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Aerospace law : the regulation of space activities and space exploration.Reddy, Karunanidhi. January 1985 (has links)
No abstract available. / Thesis (LLM.)-University of Durban-Westville, Durban, 1985.
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A critical analysis of the development of water law in South Africa.Singh, Suhana. January 1999 (has links)
This paper entails a critical analysis of the development of water law in South Africa. It
examines the historical development process of the law, discussing the tendencies
followed in Roman and Roman Dutch Law systems. The principles of water allocations
which had been adopted into the South African law system by the courts and legislature
is analysed. A review of the water allocation mechanism of the Water Act 54 of 1956
indicate that the water law thereunder is outdated, no longer reflecting the needs of our
society. Especially since it was based on antique systems of water allocation derived
from European countries where the climate and hydrology are different to South Africa.
With the advent of a new democratic Government, the principles of fairness and equity
as embodied in the Constitution, demanded that South African water law be reviewed.
This mammoth task was undertaken by the Minister of Water and Forestry Affairs,
Professor Kader Asmal. After a two year consultative period process, the National Water
Act 36 of 1998 was enacted. The provisions of this Act indicate a radical departure from
the previous system of water allocation. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1999.
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Can hunting? : an analysis of recent changes in the legal framework governing the management of large predators in South Africa.Kvalsvig, Sarah Dene. January 2008 (has links)
New regulations have been published under the National Environmental Management: Biodiversity
Act ('the Biodiversity Act') that regulate activities regarded as 'restricted activities' by that Act
involving listed species of flora and fauna. The regulations include several provisions relating
specifically to five species of large predator (lions are a notable exception) and to black and white
rhinoceros and represent the end of a lengthy law reform process. The regulations came into force
on 1 February 2008.
South Africa is a signatory to several international instruments concerned with the protection of
biodiversity including the Convention on International Trade in Endangered Species ('CITES'), the
United Nations Convention on Biological Diversity and the SADC Protocol on Wildlife
Conservation and Law Enforcement in the Southern African Development Community. The
Biodiversity Act is the key national law concerned with management of large predators from a
conservation and biodiversity protection point of view. Several Acts administered by the
Department of Agriculture, such as the Animals Protection Act and the Performing Animals
Protection Act, provide for the welfare of animals in captivity. However, the management of wild
predators has up to now been regulated at provincial level by a series of outdated nature
conservation ordinances that are inconsistent with one another and with the provisions of CITES.
It is clear from the Game Theft Act, from national policy instruments such as the National
Biodiversity Strategy and Action Plan and from the draft Game Farming Policy that hunting and
game farming are seen as important contributors to the South African economy with the potential to
address rural poverty and create employment. Hunting is itself a multimillion rand industry in
South Africa and a substantial part of that industry is trophy hunting. Large predators in South Africa are most affected by trophy hunting practices, but other animals and other predators are also
affected. Large predators are also the subject ofboth national and international trade. In recent years
captive breeding of large predators has increased dramatically in order to supply the trophy hunting
industry. During the late 1990s concerns began to be raised in the press regarding so-called 'canned
hunting' practices and the law reform process mentioned in the first paragraph was partially a result
ofthis focus on canned hunting.
The new regulations provide, among other things, for greater control of the wildlife industry and for
the setting ofhunting off-take limits, but they have several weaknesses. On the most basic level, the
regulations contain drafting errors, are overly complex and may conflict with existing provincial
legislation. They are likely to impose a greater administrative burden on provincial authorities
already struggling to implement the existing provincial legislation. It is submitted that the
provisions relating to animal welfare (for example, those dealing with prohibited methods of
hunting) should have been enacted elsewhere. The provisions relating to self-regulation of the
hunting industry and black economic empowerment are ineffectual as currently drafted.
Most importantly, the new regulations do not represent a significant departure from the utilitarian
approach to wild animals that has characterised South African law since its earliest days. In this
sense, the regulations conform to the current policy of 'making conservation pay'. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2008.
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An analysis of promotions and unfair discrimination in applications for employment/appointments within the ambit of the labour laws of South Africa.Balton, Sharmain Renuka. January 2003 (has links)
No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 2003.
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Cost-benefit analysis of federal regulations on cotton textilesDesai, Dwijen Haribhai January 1976 (has links)
No description available.
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Outdoor advertising in urban communities and along rural highwaysDodd, James Horace 08 1900 (has links)
No description available.
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The Global Navigation Satellite System (GNSS) and the European Galileo program / / GNSS and the European Galileo ProgramAndries, Stephanie. January 1999 (has links)
The Global Navigation Satellite System (GNSS) is the main element of the CNS/ATM system elaborated by the International Civil Aviation Organization (ICAO). / The US GPS and Russian GLONASS are the two existing systems. Both of them were created by the military. / Europe is currently developing a civil navigation satellite system: Galileo. / This thesis will present some legal issues of the GNSS discussed in the framework of ICAO: sovereignty of States, universal accessibility, continuity and quality of the service, cost recovery and financing, certification and liability. / It will also present some legal issues due to the creation of the European Galileo program. The financing, organizational framework, certification and liability will be examined. Finally, ICAO's Charter on the Rights and Obligations of States Relating to GNSS Services will be considered.
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Migrating to the Web : the legal dimension of the e-travel revolution / Legal dimension of the e-travel revolutionVergote, Brecht G. W. January 2001 (has links)
The ticket distribution industry is changing rapidly. The traditional travel distribution chain comprised airlines, travel agents, and computer reservation systems (CRSs). With the current migration of travel distribution to the Internet, the way in which these actors interact has been radically altered. / After deregulation, the airlines' dependence on travel agents and CRSs led to high commission and booking fees respectively. The Internet now offers airlines a means to directly distribute their product to the travelling public with minimal expense. The airlines are eagerly shifting as many of their distribution activities as possible to different forms of web-based distribution, hoping to bypass both travel agents and CRSs. This has allowed them to reduce the commission fees they pay to travel agents. Travel agents too are going online, competing vigorously with the airlines. The combined effect of these (r)evolutions has put the airlines firmly in charge of their own distribution system. / Any such a fundamental change in a sector of industry is bound to raise anticompetitive concerns, especially for those who stand to lose the most. These concerns are at the centre of this thesis. After their examination and evaluation, I conclude that anticompetitive concerns do indeed exist and that the regulatory or antitrust authorities have the unenviable task of preserving competition, not competitors, in a new and rapidly evolving market.
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Perspectives of joint financing of air navigation servicesAlvarsson, Karl Sigurður Alvar. January 2000 (has links)
According to Chapter XV of the Chicago Convention, the Joint Financing Aid has been successfully applied in the North Atlantic Region since 1948. The Agreement on the Joint Financing of Certain Air Navigation Services in Iceland, the main topic of this thesis, has ensured the availability of the service and facilities in the Reykjavik Flight Information Region, in accordance with the Standards and recommended practices of the Annexes to the Chicago Convention. The services were at first financed by the participating States, but later on user charges were gradually introduced and, since 1981, they became the principal means of services financing. / During the last thirty years, a series of significant social, economic and technical developments has changed the aviation and the air navigation services environment. This thesis examines the evolution of the Agreement and the general technical and economic tendencies that are likely to affect its future. / This thesis critically examines the Agreement in light of ICAO policy on the joint support aid and the general economic situation surrounding the Agreement. (Abstract shortened by UMI.)
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