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Explaining military, law enforcement and intelligence cooperation between Western statesLewis, Olivier Rémy Tristan David January 2018 (has links)
This thesis answers the question “Why does security cooperation occur between Western states?”. The basic answer is: “Because most state actors do not want their states to integrate”. In other words, cooperation occurs as a coping mechanism, as an imperfect substitute for integration. But the thesis does not only investigate the reasons for cooperation, what Aristotle called the final cause. The thesis also examines the material, formal and efficient causes of cooperation. Such an unorthodox causal explanation of cooperation is based on a Critical Realist philosophy of social science. The application of this philosophy to the empirical study of International Relation is rare, making this thesis original. Beyond the philosophy of social science, the thesis' research design, many of the cases, and much of the data are also rarely used. The research design is an embedded multiple-case study. The states studied are the United States of America, France and Luxembourg. Within each state, the embedded subcases are three types of state security organisations: the armed forces, law enforcement and intelligence agencies. Rarely have these three types of security organisations been compared. Similarly, Luxembourg is seldom studied. Comparing different types of states and different types of state security organisations has not only allowed the main research question to be answered. It has also allowed temporal, spatial, national, and functional variation in cooperation to be identified and theorised. The empirical evidence studied includes participant observation (at the North Atlantic Treaty Organisation) and documents (e.g. state policy documents, annual reports by organisations, reports by parliaments and non-governmental organisations, autobiographies, books by investigative journalists, articles by newspapers and magazines). The thesis is also based on a score of elite interviews (e.g. with ambassadors, diplomatic liaisons, ministerial advisors, foreign ministry officers, military commanders, etc.), and the careful study of both declassified and classified archival records.
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The realisation of rights in terms of the Consumer Protection Act 68 of 2008Scott, Tshepiso 06 1900 (has links)
The thesis examines the enforcement of consumer rights in South Africa, and is set against the backdrop of the underlying principles and theories on the enforcement of consumer protection law. It then analyses the various forms of consumer protection law enforcement mechanisms that were in place prior to the implementation of the Consumer Protection Act 68 of 2008, and sets out why there was a need for the enactment of the Consumer Protection Act. The thesis then critically discusses the consumer protection law enforcement mechanisms introduced and/or catered for by the Consumer Protection Act.
The in-depth comparative analysis against the consumer protection law enforcement dispensations in both India and the United Kingdom culminates in a critical analysis of the successes and shortcomings of consumer protection law enforcement regime in present-day South Africa; as well as recommendations (in the form of legislative amendments and practical solutions) on how the South African consumer protection enforcement framework can be improved in order to facilitate the realisation of consumer rights. / Mercantile Law / LL. D.
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Development of a curriculum for a 24-hour introduction to criminal justice courseMurch, Patrick Frank 01 January 1998 (has links)
This project analyzed the materials and training currently being taught in a 8 hour history and principles of law enforcement course at the San Bernardino County Sheriff's Department Training Academy, in conjunction with San Bernardino Valley College.
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The effects of higher education on law enforcementTolbert, Harrison 01 January 2004 (has links)
This paper focused on many aspects of higher education, and how this complex topic is affeccting law enforcement today and will continue to affect it in the future. The role of police officers has changed over the preceding two hundred years from watchman to professional peacekeeper. Experts attribute this change to increases in societal awareness of crime, the implementation of civil service protection, and educational advances.
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How much should the off-duty employment of police officers be regulated?Aulis, Angela Rena 01 January 2004 (has links)
This project explored the question of whether or not the employment of off-duty police officers should be regulated. It includes two surveys, a statewide survey of agency regulations and a survey of Fontana Police Department personnel.
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Toward a Richer Shade of Blue: The Impact on Oregon Police Officer Perceptions of Racial Minorities After Anti-Racial Profiling TrainingKline, David Andrew 01 January 2011 (has links)
Four fatal shootings, during police interactions, of unarmed people-of-color occurred in the Portland, Oregon Metro Area from 2003 to 2010 calling into question from members of the community whether or not the officers involved and hence their representative police departments had been racially profiling. Of interest in this study is whether or not cutting edge anti-racial profiling police officer trainings have an impact on how officers in Oregon perceive members of racial minority groups. A review of literature found that previous inquiries into racial prejudice among police officers may be present and that previous efforts to address racial ethics in law enforcement have had mixed results on officer perceptions of race. Using Whiteness Theory an examination was undertaken in Oregon utilizing a mixed methodological approach to answer three questions; 1) Do police officers report their perceptions of people-of-color being impacted as a result of participating in a racial profiling training seminar?, 2) Do police officers from the state of Oregon express having held a perception of members of the racial / ethnic community as individuals prior to attending a racial profiling training?, and 3) Do police officers from the state of Oregon report having held a stereotyped perception of racial / ethnic community members before attending a racial profiling training? Findings include that some officers may be racially prejudiced and others not, but that the training, according to those participating was not impactful upon their personal perceptions of people-of-color for reasons that they saw none or little personal bias within themselves although the seminar they attended brought police - race issues back into their conscious awareness. Despite the training being well-received by all the participants they suggested the training title and description may have dissuaded other officers from attending who may have benefited from its content and format. Transferability of the data's findings is weak due to a small sample size and other limitations of the study discussed. Nevertheless, conclusions about the effectiveness of the racial-profiling-training-under-review's ability to impact these officers' perceptions and attitudes of people-of-color are made and recommendations for police and social policy as well as suggestions for future research are discussed.
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Re-engineering the copyright dividend in the illegal copyright market : an explorative conversation / Lesley Thulani LuthuliLuthuli, Lesley Thulani January 2015 (has links)
The primary argument and area of interest within this explorative study lies within the
domain of copyright law enforcement of the creative industries and argues the
deleterious impact that the infringement of copyright has on national and individual
balance sheets and the opportunity to re-engineer the copyright dividend.
Globally, creative industries are estimated to account for more than 7% of the world’s
gross domestic product and are predicted to grow, on average, 10% per year.
Digitization and the internet have seen to it that copyright, through inter alia the unlimted
reproduction capacity of copyrights, brought by digitization and the internet, has seen its
importance in the intellectual property bouquet soar. This study endevours to establish
the beginning of a discourse on copyright in which the very survival of the creative
industries, galvanized, for more than a century by technology and changes in
technology and the security of its consumers, depends on the adopting of improved, farsighted,
equitable, inclusive and stricter measures in order to protect such from both
internal and external threats. From a global perspective most copyright owners and
nations with few exceptions rich in copyrights, compounded by the presence of
unsubstantial collaboration, suffer losses because the protection of their respective
intellectual property rights such as copyright, trademarks and patents are not
adequately aligned with what may be referred as the technology conversation.
It is imperative that the collaborative copyright alliances develop a strategic agenda that
is relevant to the technology conversation in order to
re-engineer the copyright dividend
where new copyright enforcement mechanisms will be deployed. In as much as this
study placed greater emphasis on online infringement, physical piracy is still pervasive
and it intensely contributed to the explorative conversation. Piracy effectively relieves
copyright authors and the State of the royalty flows that arise from legal and transparent
use of copyright. It is these royalty flows that give rise to term “copyright dividend”
literally meaning the income arising from the underlying copyright assets. Seeing what
is stolen by piracy as the “theft”, whether direct or indirect, of copyright dividends, the
challenge to address, avert and amend such outcomes is akin to re-engineering the
copyright dividend and this meant the examining of the copyright law structures
influencing and regulating the trade in copyrights. In this study the focus was initially on
understanding the copyright law regimes and the real challenges that influenced their
respective implementations that generated a copyright dividend. Understanding exactly
how well such were actually working rested on exploring the lived experiences and
perceptions of ten copyright experts across the world from two primary copyright law
regimes. Such an exploration was necessary as such provided the requisite insight into
inter alia the legal framework wherein both the illegal market and the legal market for
copyright operated, to the threats faced the copyright dividend.
Five research questions were used in this study. Such served as the discussion points
used in the interviews with the ten research participants.These five research questions
emerged from the problematization within current , literature and supported by the
research data. The obtained data were grouped in relation to the five research
questions and filtered to identify commonalities amongst the ten participants. The
obtained data were grouped in relation to the five research questions and filtered
through a lamination process,which emerged to identify commonalities amongst the ten
participants.The global copyright law system and stakeholdership presently lack the
necessary strategies, capacities, will and common thought to effectively address
infringement. This is the major impediment of technological advancement and thus reengineering
the copyright dividend was critical. To a demonstratable extend it is
independent of the progress of governments and other relevant parties affected by
infringement. The data also showed that infringement is an eroding threat to intellectual
property and that critical knowledge is an urgent necessity to re-install the copyright
value in its global ecosystem, which is essentially achieved by diverting the copyright
dividends stolen by the illegal copyright market and re-engineering the copyright
dividend. The outcome is that copyright law enforcement promotes the returns of
dividends and fair trade to the rightful owners in an accountable and sustainable
manner, as was and is intended by the global copyright law regimes. / PhD (Business Administration), North-West University, Potchefstroom Campus, 2015
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Re-engineering the copyright dividend in the illegal copyright market : an explorative conversation / Lesley Thulani LuthuliLuthuli, Lesley Thulani January 2015 (has links)
The primary argument and area of interest within this explorative study lies within the
domain of copyright law enforcement of the creative industries and argues the
deleterious impact that the infringement of copyright has on national and individual
balance sheets and the opportunity to re-engineer the copyright dividend.
Globally, creative industries are estimated to account for more than 7% of the world’s
gross domestic product and are predicted to grow, on average, 10% per year.
Digitization and the internet have seen to it that copyright, through inter alia the unlimted
reproduction capacity of copyrights, brought by digitization and the internet, has seen its
importance in the intellectual property bouquet soar. This study endevours to establish
the beginning of a discourse on copyright in which the very survival of the creative
industries, galvanized, for more than a century by technology and changes in
technology and the security of its consumers, depends on the adopting of improved, farsighted,
equitable, inclusive and stricter measures in order to protect such from both
internal and external threats. From a global perspective most copyright owners and
nations with few exceptions rich in copyrights, compounded by the presence of
unsubstantial collaboration, suffer losses because the protection of their respective
intellectual property rights such as copyright, trademarks and patents are not
adequately aligned with what may be referred as the technology conversation.
It is imperative that the collaborative copyright alliances develop a strategic agenda that
is relevant to the technology conversation in order to
re-engineer the copyright dividend
where new copyright enforcement mechanisms will be deployed. In as much as this
study placed greater emphasis on online infringement, physical piracy is still pervasive
and it intensely contributed to the explorative conversation. Piracy effectively relieves
copyright authors and the State of the royalty flows that arise from legal and transparent
use of copyright. It is these royalty flows that give rise to term “copyright dividend”
literally meaning the income arising from the underlying copyright assets. Seeing what
is stolen by piracy as the “theft”, whether direct or indirect, of copyright dividends, the
challenge to address, avert and amend such outcomes is akin to re-engineering the
copyright dividend and this meant the examining of the copyright law structures
influencing and regulating the trade in copyrights. In this study the focus was initially on
understanding the copyright law regimes and the real challenges that influenced their
respective implementations that generated a copyright dividend. Understanding exactly
how well such were actually working rested on exploring the lived experiences and
perceptions of ten copyright experts across the world from two primary copyright law
regimes. Such an exploration was necessary as such provided the requisite insight into
inter alia the legal framework wherein both the illegal market and the legal market for
copyright operated, to the threats faced the copyright dividend.
Five research questions were used in this study. Such served as the discussion points
used in the interviews with the ten research participants.These five research questions
emerged from the problematization within current , literature and supported by the
research data. The obtained data were grouped in relation to the five research
questions and filtered to identify commonalities amongst the ten participants. The
obtained data were grouped in relation to the five research questions and filtered
through a lamination process,which emerged to identify commonalities amongst the ten
participants.The global copyright law system and stakeholdership presently lack the
necessary strategies, capacities, will and common thought to effectively address
infringement. This is the major impediment of technological advancement and thus reengineering
the copyright dividend was critical. To a demonstratable extend it is
independent of the progress of governments and other relevant parties affected by
infringement. The data also showed that infringement is an eroding threat to intellectual
property and that critical knowledge is an urgent necessity to re-install the copyright
value in its global ecosystem, which is essentially achieved by diverting the copyright
dividends stolen by the illegal copyright market and re-engineering the copyright
dividend. The outcome is that copyright law enforcement promotes the returns of
dividends and fair trade to the rightful owners in an accountable and sustainable
manner, as was and is intended by the global copyright law regimes. / PhD (Business Administration), North-West University, Potchefstroom Campus, 2015
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Double criminality in international extradition lawBlaas, Fey-Constanze 12 1900 (has links)
Thesis (LLM)--University of Stellenbosch, 2003. / ENGLISH ABSTRACT: The object of the thesis is to examine the content and status of the double criminality principle
in international extradition law. The double criminality principle says a fugitive c annat be
extradited unless the conduct for which his extradition is sought is criminal in both the
requesting state and the requested state. This thesis is based on a study of sources of
international law and domestic law and ideas presented in legal literature.
The double criminality principle has developed over several centuries and it has been
embraced by most states in one form or the other. The principle serves several purposes, of
which the most dominant is the notion of state sovereignty. States apply the double
criminality principle differently due to its multiple rationale. Legal literature has distinguished
two main methods of interpretation, called interpretation in abstracto and in concreto.
Whereas the in abstracto method focuses on the theoretical punishability of the conduct, the
in concreto method attaches importance to all factual, personal and legal aspects. There are
also ways of interpretation that are a combination of these two methods. Most states can be
classified into one of the two main groups of interpretation, but in general most states have
adopted a specific method of interpretation that is unique to each particular state. There is thus
no uniform method of interpretation in international extradition law.
This thesis attempts to determine whether the double criminality principle has become a rule
of customary international law. Though most instruments on international or domestic
extradition law include the double criminality principle, the strong disagreement among legal
scholars as to the legal status of the principle leads to the conclusion that the double
criminality principle is not a rule of international law today.
This thesis contains an examination of whether the principle of double criminality can be
classified as an international human rights norm. Though the principle of double criminality
has striking similarities with human rights as it partly aims at protecting individuals facing
extradition, there are also a number of aspects that distinguish the principle from traditional
human rights. This is partly attributable to the fact that international extradition law is not the
arena where general international human rights have developed. It is therefore concluded that
the double criminality principle does not form part of international human rights law. / AFRIKAANSE OPSOMMING: Die oogmerk van hierdie tesis is om die inhoud en status van die beginsel van dubbelkriminaliteit
in internasionale uitleweringsreg te ondersoek. Hierdie beginsel behels dat die handeling ten
opsigte waarvan die uitlewering versoek is, misdade in beide die staat wat uitlewering versoek as
die staat waarvan uitlewering versoek word, is. Die metode wat hierdie tesis onderlê is 'n
literatuurstudie van bronne in die internasionale en nasionale reg.
Die dubbelkriminaliteitsbeginsel het oor etlike eeue ontwikkel. Dit word gevind in die meeste
regstelsels. Die beginsel dien verskeie oogmerke, waarvan staatsoewereiniteit sekerlik die
belangrikste is. State pas die beginselop verskillende maniere toe weens die verskeie
bestaansredes vir die beginsel. Regsliteratuur tref 'n onderskeid tussen twee belangrike metodes
van interpretasie, naamlik die in abstracto en in concreto benaderings. Terwyl die in abstracto
metode op die teoretiese strafbaarheid van die handeling fokus, plaas die in concreto benadering
klem op die feitelike, persoonlike en konkrete regsaspekte. Daar is kombinasies van hierdie
metodes. Meeste state kan geklassifiseer word volgens die twee benaderings, maar tog pas state
hierdie benaderings by hul besondere behoeftes aan. Daar is dus geen uniforme metode van
interpretasie in internasionale uitleweringsreg nie.
Hierdie tesis poog om te bepaal of die dubbelkriminaliteitsbeginsel 'n reël van gemeenregtelike
internasionale reg geword het. Alhoewel meeste wetgewing op die terrein van internasionale en
nasionale uitleweringsreg die beginsel van dubbelkriminalitiet insluit, is daar sterk
meningsverskilonder regsgeleerdes tov die status van die beinsel. Die gevolgtrekking is dat die
beginsel nie 'n algemene reël van die internasionale reg is nie.
Ten slotte word daar gekyk of die dubbelkriminaliteitsbeginsel as 'n beginsel van internasionale
menseregte geklassifiseer kan word. Alhoewel die beginsel ooreemste met menseregtenorme toon
- veral die beskerming van die individu in uitleweringsaangeleenthede - is daar 'n aantal aspekte
wat d it van menseregte 0 nderskei. I nternasionale uitleweringsreg en internasionale menseregte
deel nie dieselfde ontwikkelingsgeskiedenis nie. Die gevolgtrekking is dus dat die
dubbelkriminaliteitsbeginsel nie deel vorm van internasionale menseregte nie.
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New Organized Crime: Problems and Issues for Information AnalysisDemirci, Suleyman 08 1900 (has links)
This study illustrates the changing nature of organized crime at both national and international levels. Organized crime groups have changed in that they have entered the realm of high technology. In response this change, the use of new or modified analytical tools is suggested to enhance law enforcement efforts. This study highlights the problems of, and offers particular solutions for information analysis in its use in the fight against organized crime. Ultimately, it is argued that combined crime and intelligence analysis can be an effective and efficient method for the detection and prevention of modern organized crime.
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