The dissertation that follows is the result of extended collaboration with, and co-labouring among women working in an illicit, value-added cannabis production facility, 400115335 BC, in the southeastern interior of British Columbia, Canada, in the lower Slocan Valley. An extended case study of the political economy leveraged against these workers ensues, which exposes the mechanisms depriving them of state provisions and protections normally afforded to Canadian citizens. Illegal firms employing unprotected workers, with the full consent of local and provincial authorities, represent the significant findings of this research. Further, the work engages in ethnographic content analysis to evaluate the intentional exclusion of illicit cannabis producers in the West Kootenay region, and in Canada more generally, from the approvals and licenses that would permit them to participate in legal markets. An examination of late capitalist financialisation is presented to illustrate that ex-politicians and law enforcement persons prioritised their personal access to cannabis production licenses and markets over that of a five decades-old, established industry, excluding hundreds of functioning production farms, opting instead to create cannabis production firms incapable of producing at scale, many of which either engaged, or continue to engage in malfeasant practices such as deployment of the deceptive IFRS accounting methodology, the over-compensation of corporate principals, and the “pump and dump” stock valuation scam, a form of insider trading. / Dissertation / Doctor of Philosophy (PhD) / The dissertation that follows is both a result of co-labouring among workers in an illicit, value-added cannabis production facility in the south-eastern interior of British Columbia, Canada, and an ethnographic content analysis that takes as its subjects the intentional exclusion of Canadian small-scale, craft cannabis farmers, the ‘natural/rational’ cannabis market Canada created when it legalized the substance in late 2018, and the access granted to that market for powerful politicians and law enforcement officials. An investigation of the political economy leveraged against illicit workers ensues, depriving them of state provisions and protections normally afforded to Canadian citizens. Legal firms engaging in fraudulent financial activities, and illegal firms employing unprotected workers, within the purview and full consent of authorities, represent significant findings.

Thesis (M.B.A.)--North-West University, Potchefstroom Campus, 2009.

The history of alcohol in South Africa forms a fundamental part of the history of apartheid and isolation. Conflict has long surrounded the production, distribution and use of alcohol and this continues even today, although in traditional African society the use of alcoholic beverages was well regulated. Drinking served a communal and ceremonial purpose. After colonisation, the British in vain prohibited the use of alcohol by Africans in an attempt to prevent what they saw as the social decay and disorder encouraged by its use. Laws were passed to make it illegal for black Africans to produce and obtain liquor. Only in 1962 was it made legal for black people to purchase alcohol from white liquor outlets. In the townships municipal beer halls were established by local authorities to help finance township development and control. Many people turned to illegal liquor-related activities, both brewing traditional African beer and setting up illegal outlets (called shebeens) where liquor was sold for on-site or off-site consumption purposes. Most shebeens are part of or attached to residential premises. For some, setting up a shebeen was a move of rebelliousness against the policies of the apartheid government that restricted business opportunities to a particular segment of society. For others it was a way of making an adequate living and a means of providing recreational facilities in townships. The establishment of shebeens was also a natural response to a situation in which there were 15 times as many legal liquor outlets per unit of population in former white suburbs than in suburbs in which persons of other races resided. The shebeen problem is an inheritance of our apartheid past and cannot be allowed to linger on indefinitely. Formalisation of this activity will lead to better services and increased competitiveness in the industry and will marginalise unlicensed traders who have no intention of complying with the law. It is therefore clear that the current deadlock can only be addressed through the transformation of unlicensed businesses into formal businesses. The Government recognises the diverse nature of the liquor industry in the provinces and values the importance of its diverse aspects as a contributor to the economy of South Africa. The first objective of the Liquor Act is to make it possible for bona fide unlicensed traders in the historically disadvantaged communities to legitimise their businesses without encountering unnecessary barriers to entry but, also, to create an environment that will encourage them to do so. It is however a reality that the existing situation the unlicensed trader finds him or herself in provides little incentive to enter into the legal trade and such a person is not aware of possible economic factors impacting on this business after formalisation. In the West Rand an extremely small percentage of outlets in the historically disadvantaged townships are licensed. There are however factors that influence the shebeens' move from unlicensed to licensed businesses. The government has certain objectives and the new environment can be painted to describe new areas of impact on shebeens, such as legislative compliance, complexity of the application and approval process and restrictions, and a shortage of resources to assist the process. A lack of resources limits the ability of the law enforcement agencies to act in a consistent manner against unlicensed sellers of liquor. Operations by law enforcement agencies are irregular and depend to a large extent on the analysis of the crime threat that a particular unlicensed establishment presents to the area and their priorities regarding the allocation of resources. The unlicensed sale of liquor continues largely unabated and with little fear of consequences. The unlicensed trader, unlike his or her licensed counterpart, does not form part of the tax network. The unlicensed trader falls outside the regulatory network as far as land use requirements, trading hours and restrictions are concerned. The limited availability of resources prevents the allocation of financial incentives that in any event cannot compete with the aforesaid sustained trading advantages that the unlicensed trade provides. Providing an enabling environment for the emerging traders is an issue partly determined by the municipal planning authorities. A dilemma that is facing planning and licensing authorities encompasses the divergent interests of the currently unlicensed shebeens in residential areas and the interests of the surrounding residents. The involvement of communities determines the location of licensed liquor outlets. Factors affecting their impact include direct dealing with suppliers, people management (labour law), commercial competencies and business compliances such as tax, value added tax, stock management and community complaints. This research will look at the business environment and all aspects impacting the process and playing field in becoming formalised. / Thesis (M.B.A.)--North-West University, Potchefstroom Campus, 2009.

The history of alcohol in South Africa forms a fundamental part of the history of apartheid and isolation. Conflict has long surrounded the production, distribution and use of alcohol and this continues even today, although in traditional African society the use of alcoholic beverages was well regulated. Drinking served a communal and ceremonial purpose. After colonisation, the British in vain prohibited the use of alcohol by Africans in an attempt to prevent what they saw as the social decay and disorder encouraged by its use. Laws were passed to make it illegal for black Africans to produce and obtain liquor. Only in 1962 was it made legal for black people to purchase alcohol from white liquor outlets. In the townships municipal beer halls were established by local authorities to help finance township development and control. Many people turned to illegal liquor-related activities, both brewing traditional African beer and setting up illegal outlets (called shebeens) where liquor was sold for on-site or off-site consumption purposes. Most shebeens are part of or attached to residential premises. For some, setting up a shebeen was a move of rebelliousness against the policies of the apartheid government that restricted business opportunities to a particular segment of society. For others it was a way of making an adequate living and a means of providing recreational facilities in townships. The establishment of shebeens was also a natural response to a situation in which there were 15 times as many legal liquor outlets per unit of population in former white suburbs than in suburbs in which persons of other races resided. The shebeen problem is an inheritance of our apartheid past and cannot be allowed to linger on indefinitely. Formalisation of this activity will lead to better services and increased competitiveness in the industry and will marginalise unlicensed traders who have no intention of complying with the law. It is therefore clear that the current deadlock can only be addressed through the transformation of unlicensed businesses into formal businesses. The Government recognises the diverse nature of the liquor industry in the provinces and values the importance of its diverse aspects as a contributor to the economy of South Africa. The first objective of the Liquor Act is to make it possible for bona fide unlicensed traders in the historically disadvantaged communities to legitimise their businesses without encountering unnecessary barriers to entry but, also, to create an environment that will encourage them to do so. It is however a reality that the existing situation the unlicensed trader finds him or herself in provides little incentive to enter into the legal trade and such a person is not aware of possible economic factors impacting on this business after formalisation. In the West Rand an extremely small percentage of outlets in the historically disadvantaged townships are licensed. There are however factors that influence the shebeens' move from unlicensed to licensed businesses. The government has certain objectives and the new environment can be painted to describe new areas of impact on shebeens, such as legislative compliance, complexity of the application and approval process and restrictions, and a shortage of resources to assist the process. A lack of resources limits the ability of the law enforcement agencies to act in a consistent manner against unlicensed sellers of liquor. Operations by law enforcement agencies are irregular and depend to a large extent on the analysis of the crime threat that a particular unlicensed establishment presents to the area and their priorities regarding the allocation of resources. The unlicensed sale of liquor continues largely unabated and with little fear of consequences. The unlicensed trader, unlike his or her licensed counterpart, does not form part of the tax network. The unlicensed trader falls outside the regulatory network as far as land use requirements, trading hours and restrictions are concerned. The limited availability of resources prevents the allocation of financial incentives that in any event cannot compete with the aforesaid sustained trading advantages that the unlicensed trade provides. Providing an enabling environment for the emerging traders is an issue partly determined by the municipal planning authorities. A dilemma that is facing planning and licensing authorities encompasses the divergent interests of the currently unlicensed shebeens in residential areas and the interests of the surrounding residents. The involvement of communities determines the location of licensed liquor outlets. Factors affecting their impact include direct dealing with suppliers, people management (labour law), commercial competencies and business compliances such as tax, value added tax, stock management and community complaints. This research will look at the business environment and all aspects impacting the process and playing field in becoming formalised. / Thesis (M.B.A.)--North-West University, Potchefstroom Campus, 2009.

The thesis explores the nature of transnational legalisation by identifying one emerging norm - corporate accountability for human rights violations - and tracing its promotion through three separate pathways of legalisation. At the domestic level, the thesis discusses the jurisprudence of domestic courts that have contemplated assuming extraterritorial jurisdiction over alleged human rights violations of transnational corporations (TNCs) in other states. At the international level, the thesis considers developments in the United Nations (UN), which in 2011 launched a new normative framework to bolster the accountability of TNCs in respect of human rights. At the transnational level, the thesis discusses the Kimberley Process Certification Scheme (KPCS), the Extractive Industries Transparency Initiative (EITI), and the Voluntary Principles on Security and Human Rights (VPs), which have been selected as representative of the range of hybrid schemes increasingly developed by government and industry representatives to ameliorate the impact of TNCs on human rights. The thesis also develops a framework with which to analyse these trends by adopting (and further developing) the liberal institutionalist tool of legalisation, which is described in Kenneth Abbott et al's 'The Concept of Legalisation'. This thesis argues that this classic framework can be adapted and reimagined in the context of the transnational legal system, which is characterised by thick configurations of agents working across a multiplicity of issue areas. I suggest that in applying the classic framework in the transnational context, there appears to be an omitted variable - that of implementation, which exists alongside obligation, precision, and delegation. Implementation refers to the specific actions taken by agents to translate legal or law-like principles into practical, workable instructions for courts, governments, companies and other non-state actors to follow. The thesis argues that an increased focus on implementation generally leads to more effective or greater legalisation. The empirical chapters demonstrate that efforts in implementation are often undertaken for the purpose of strengthening one or more other legalisation characteristics in the long run. This suggests that agents will be willing to accept lower levels of obligation, precision and/or delegation if they believe a focus on implementation will help strengthen these characteristics over time.

This thesis deals with the issue of money laundering in terms of both criminal and criminological perspective. The aim of this thesis is to analyse the issue of money laundering and to raise questions related to de lege lata discussions and de lege ferenda proposals, to formulate my opinion and to make recommendation for legislative changes. The first part (Chapters 1, 2 and 3) contains the definition of this term and discusses methods in which money laundering occurs. In addition to well-known methods, it is dedicated to new methods focusing on the use of virtual currencies and online computer games. The question of organised crime, which is very close to money laundering, is analysed too. The second part (Chapters 4 and 5) describes international regulation, legislation of the European Union and measures against legitimisation of proceeds of crime in Czech legislation. It is focused on the most important conventions and directives related to money laundering. This part also explains Act No. 253/2008 Coll., on selected measures against legitimisation of proceeds of crime and financing of terrorism, and activities of Financial Analytical Unit. The third part (Chapters 6 and 7) examines relevant Czech legislation, especially issues of money laundering using legal entities, their criminal liability...

Purpose: The paper’s purpose is to critically discuss how a government institution, the Migration Court in Stockholm, interprets the law and how this interpretation reflects value choices and value priorities.  Methodology/Design: The present paper employs qualitative research methods focusing on discursive social psychology and the interpretative repertoire of “effortfulness”.  Results/Findings: This paper suggests that the definition of values as behaviour predictors helps us understand how state institutions and, in the present study, the Migration Court in Stockholm can express “other-oriented” values.  Value/Originality: The paper’s socio-legal analysis of the humanitarian sector highlights the emergence of the judiciary system as a new humanitarian actor.

Après plusieurs réformes du Code pénal espagnol, de 1971 à 1995, confortées par la loi du 22 juin 2010, le législateur a voulu établir une distinction entre les drogues : les substances qui causent un grave danger à la santé et les autres. Parallèlement, la doctrine majoritaire et la jurisprudence ont poursuivi cette avancée en consacrant l'impunité du consommateur de "drogues toxiques, de stupéfiants ou de substances psychotropes". Cependant, s'il s'agit d'un drogodélinquant ou d'un consommateur qui diffuserait sa déviance et en particulier à l'encontre d'un mineur ou d'une personne dont les facultés physiques sont altérées, l'impunité est reconsidérée. De même, tout prosélytisme tendant à favoriser la consommation des drogues remet en cause la libéralisation voulue par les autorités espagnoles. Dès lors, certains auteurs prônent la légalisation pour que le principe de l'impunité du consommateur soit effectif. / Between 1971 and 1995, the Spanish code incurred several reforms. On June 22nd 2010, a new law confirmed those reforms, making a distinction between the drugs which jeopardize the public health and the other drugs. In the same time, the main doctrine and case law have gone a little further by asserting that consuming “toxic drugs, narcotics or psychotropic substances” was not unlawful anymore. However it remains unlawful to become a drug delinquent or spread one's deviancy among minors and mentally disturbed persons. Besides, proselytizing in favour of drug consuming goes against the Spanish authorities'will to liberalize the drug laws. Some authors now go so far as to advocate a legislation which would vouch for total consumer impunity. / Después de varias reformas del Código penal español, desde 1971 hasta 1995, confortadas por la ley del 22 junio de 2010, el legislator quiso establecer una distinción entre las drogas : las sustancias que causan grave daño a la salud y las otras. Al mismo tiempo, la doctrina mayoritaria y la jurisprudencia siguieron en esta vía, consagrando la impunidad del consumidor de "drogas tóxicas, de estupefacientes o de sustancias psicotrópicas". Sin embargo, si se trata de un drogodelincuente o de un consumidor que difunde su toxicomanía y particularmente en contra de un menor o de una persone con facultades psíquicas disminuidas, se vuelve a considerar la impunidad. Lo mismo, todo proselitismo que favorezca la consumición de drogas pone en peligro la liberalización deseada por las autoridades españolas. Desde entonces, algunos autores piensan que la legalización del consumo establecerá la efectividad del principio de la impunidad.

The purpose of the paper is to contribute to the scientific research field by explaining whether, and if so on what grounds, the Swedish targeted interest deduction limitation legislation can be tested in the European Court of Justice against the free movement of capital. In addition, the study examines whether there can be considered a mutual priority regarding the free movement of capital and the freedom of establishment. The study conducted in the paper is based on the Swedish law, the preparatory work and doctrine, which is combined with case law. Initially, the meaning of the targeted interest deduction limitation rules is presented as well as the theoretical scope of the legislation in relation to its scope in practice. The targeted interest deduction limitation rules are specific provisions addressing the deductibility of interest incurred by certain companies as a result of intra-group financing. The theoretical scope differs from the practical scope due to the vague conceptual definitions in both the legislative text and the preparatory works. Furthermore, it is analysed which determines when the free movement of capital and the freedom of establishment should be applied, based on the EU case law. The study indicates that the controlling interest must be given a significant weight when considering the purpose of the national legislation, but it is difficult to interpret exactly when such an interest occurs in practice. Lastly, it is studied whether it might be possible to review the targeted interest deduction limitation rules against the free movement of capital, and if so, on which grounds. The study shows that there are possibilities to review the targeted interest deduction limitation rules against the free movement of capital. There are incentives that indicate that such a review is possible if both Swedish and EU law practice is interpreted in a fairly narrow way. / Syftet med uppsatsen är att bidra till det vetenskapliga forskningsfältet genom att redogöra för huruvida, och i så fall på vilka grunder, de svenska riktade ränteavdragsbegränsningsreglerna kan prövas gentemot den grundläggande EU-rättsliga fördragsfriheten beträffande fri rörlighet för kapitalrörelser. Därutöver undersöks om det kan anses föreligga en inbördes prioritet beträffande den fria rörligheten för kapital och etableringsfriheten. Den utredning som genomförs i uppsatsen tar avstamp i lagtext, förarbeten och doktrin, vilket kombineras med rättspraxis. Inledningsvis presenteras innebörden av de riktade ränteavdragsbegränsningsreglerna och hur lagreglernas teoretiska tillämpningsområde förhåller sig till dess tillämpningsområde i realiteten. De riktade ränteavdragsbegränsningsreglerna utgörs av särskilda bestämmelser vilka behandlar vissa företags avdragsmöjligheter beträffande räntor uppkomna till följd av, inom en intressegemenskap, intern finansiering. Det teoretiska tillämpningsområdet skiljer sig från tillämpningsområdet i realiteten till följd av vaga begreppsdefinitioner i såväl lagtext som i förarbeten. Vidare analyseras vad det är som avgör när fördragsfriheten den fria rörligheten för kapital respektive etableringsfriheten skall tillämpas, vilket tar avstamp i EU-rättslig praxis. Av utredningen framgår att det bestämmande inflytandet skall tillerkännas stor vikt vid beaktandet av de nationella lagreglernas ändamål, exakt när ett sådant inflytande föreligger är dock svårt att tyda i praxis. Avslutningsvis undersöks om det bör vara möjligt att göra en prövning av de riktade ränteavdragsbegränsningsreglerna gentemot den fria rörligheten för kapital, och i så fall på vilka grunder. Studien visar att det finns möjligheter att för att pröva de riktade ränteavdragsbegränsningsreglerna gentemot fördragsfriheten om fria kapitalrörelser. Det finns incitament som tyder på att en sådan prövning är möjlig under förutsättning att såväl svensk som EU-rättslig praxis tolkas på ett tämligen snävt sätt.

The advent of ARTs has enabled many individuals to have children and build families. Although ARTs have from the start been designated to serve as alternative way for heterosexual infertile individuals and couples to have genetically related children, ARTs are nowadays widely used by gays and lesbians to have even genetically unrelated children and build their families. This study addresses the well-being of children born as a result of ARTs and growing up in homosexual families in South Africa. South Africa has legalised homosexual unions, granting gays and lesbians several rights, including the right to marry, use ARTs to reproduce, and build families in which they raise their children. South Africa has also provided constitutional and statutory protection of children’s rights and has further required that the child’s best interests be considered as paramount in every matter concerning the child. Although ARTs may have allowed people to have children, they have proven to put the child’s interests at risk. ARTs are associated with several physical and psychological problems for resulting children. The legal protection provided for those children seems to be inadequate in respect of their best interests. Unlike Australian statutes that have provided strong protection for the child’s best interests, South African legislations regulating ARTs are far from protecting ART-born children’s interests. The application of the child’s best interests criterion to ART procedures has revealed that in the USA and Australia efforts of the state, ART providers and parents have been centred on the transfer of the custody of the ART-born child to the commissioning parent(s). Although in South Africa the application of the child’s best interests in the context of surrogacy procedures has revealed the protection of the child’s interests, it should be noted that that protection seems to focus on the child’s post-birth period. This situation leaves ART-born children without any protection, especially before their birth. In order to give effect to section 28 of the Constitution of the Republic of South Africa, 1996 and protect ART-born children’s interests, I make certain proposals for law reform in the final chapter of this thesis. / Private Law / LL. D