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Revisiting the definition of a firearm in South Africa: a need for reform?Jacobus, Charmain Estelle January 2020 (has links)
Magister Legum - LLM / South Africa‟s definition of a firearm is quite broad, yet it excludes various devices that
have the same lethal effects as a firearm. This is informed by the various principles that
have been developed by the courts in interpreting the said definition. It is argued that a
good definition informs the extent to which other aspects like licensing and usage may
be instructive. The central research question as regards the context of the definition of a
firearm, leads to an examination of three interrelated questions. These include the
definition of a firearm in South Africa, the relevance of experiences from other
jurisdictions and the need for a new definition of a firearm.
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Developing a normative framework for effective turnaround management for state-owned enterprises by applying key learnings of successful turnaround management in the private sectorEmanuel, Matthew Torben 30 June 2012 (has links)
The study sought to understand the factors that contribute to effective turnaround management of State-owned Enterprises (SOEs), based on the extant determinants of successful private sector turnaround strategies. The purpose was to develop a normative framework for effective turnaround management in SOEs, as well as to provide a conceptual view of the potential cohesions of turnaround strategies in public and private sector management. The study was conducted in two phases. A straw framework was developed based on the literature review, consisting of generic turnaround conceptual themes. This was supplemented by three primary strategies drawn from private sector evidence. The framework was then refined and used as a basis for analysing three published cases of turnaround in SOEs, with a pragmatic view to developing a normative framework for effective turnaround management. The theoretical underpinnings of the resource-based view (RBV) were ruminated throughout the research process, and proved to be a fairly significant enabler for enhancing competitiveness through managerial-orientated competencies, during periods of turnaround. Organisational conditions varied, rendering fluctuating impacts of the ascribed strategies. However, findings indicated that well-conceived adaptions of private sector strategies were broadly effective in improving performance in SOEs. / Dissertation (MBA)--University of Pretoria, 2012. / Gordon Institute of Business Science (GIBS) / unrestricted
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Komparace integračních politik imigrantů v ČR a Holandsku / Comparison of immigrant integration politicies in the Netherlands and the Czech RepublicHetényiová, Jana January 2011 (has links)
Master thesis "Comparison of Immigrant Integration Policies in the Netherlands and the Czech Republic" aims to give an evaluation of existing immigrant integration policies focused on the third-country nationals, from the perspective of their different socio-political historical developments and their practical functioning at the present days. This involves assessment of roles of all involved actors: the newcoming immigrants, already settled immigrants and both governmental and non-governmental actors. Conclusions of the thesis will reveal the main differences in the integration policies of the Netherlands and the Czech Republic.
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Climate change and Africa : the normative framework of the African Union / Daniel Mirisho PallangyoPallangyo, Daniel Mirisho January 2013 (has links)
There is enough evidence on how climate change consequences will adversely affect
Africa despite the fact that it is the continent that has least contributed to the problem.
The international climate change regime recognises Africa's vulnerability to climate
change and provides for special treatment under the United Nations Framework
Convention on Climate Change (the UNFCCC). Thus, the international climate change
regime presents an opportunity for African countries to adapt and mitigate the
consequences of climate change through the UNFCCC mechanism. However, the
international climate change legal regime has not been able to adequately assist African
countries to address the consequences of climate change under the vulnerability
principle. Although the current international climate change regime requires developed
countries to reduce their greenhouse gas (GHG) emissions, Africa needs to take steps
itself to address the problem, because it is most vulnerable to the consequences of
climate change.
The African Union (AU) could play a great role in ensuring that the international climate
change regime addresses the consequences of climate change in the region. This could
be done through fostering strong African common positions during international climate
change negotiations. A strong common position could strengthen African bargaining
power and might result in more funding, capacity building and technology development
and transfer for adaptation and mitigation programmes under the UNFCCC-Kyoto
Conference of Parties. However, reaching a strong common position requires the
cooperation of the AU member states. In this context, African regional integration is an
opportunity for the AU to foster such cooperation among member states. The Treaty
Establishing the African Economic Community (the Abuja Treaty), the Constitutive Act
of the AU and the Protocol on the Relations between the AU and Regional Economic
Communities (RECs) prioritise regional economic integration and call for states'
cooperation, but the call has not yet been heeded. To realise deep and viable African
integration, there must be a well-structured institutional and legal framework that defines
the relationship between the AU, the AEC and the RECs. African regional integration is also seen as an avenue whereby the AU can create its
own regional climate-change regime. In this regard, the AU's and RECs' normative
framework on climate change is examined in order to assess whether it adequately
integrates climate change issues. This study finds that although Africa is most
vulnerable to the consequences of climate change, the AU's and RECs' normative
framework on climate change is weak and inadequate to address the problem. The
Framework should integrate climate change issues in order to achieve sustainable
development. The AU should also ensure that member states ratify the relevant treaties
and protocols (the Maputo Nature Convention and the Protocol establishing the African
Court of Justice and Human Rights) that have not yet been ratified in order that they
may become operational. The Maputo Nature Convention puts sustainable development
in the forefront of attention as a reaction to the potentially conflicting environmental and
developmental challenges facing the continent (such as climate change), but it is not yet
in force.
This work finds that human rights law can strengthen the AU's role in addressing
climate change through its normative framework. The human rights approach to climate
change under the African Charter on Human and Peoples' Rights (the Banjul Charter) is
a viable avenue because human rights law forms the basis for states' responsibility
based on human rights obligations and principles. The extraterritorial application of the
Banjul Charter presents an avenue for AU institutions such as the Human Rights
Commission and the African Human Rights Court to curb the effects of climate change
through a human rights lens.
The future of the AU is presented within the context of a set of recommendations that
identify strong African regional integration as an avenue through which the AU can
foster the cooperation of member states to address the consequences of climate
change in the AU's and RECs' normative frameworks. General recommendations are
made on the need for the international climate change regime to pay more attention to
issues of funding, capacity building and technology development and transfer on the
basis of the vulnerability principle and in relation to the principles of equity and common but differentiated responsibilities and respective capabilities. Also, the AU needs to
strengthen its legal and institutional structures to ensure deep African integration that is
capable of addressing common challenges such as the consequences of climate
change. / PhD (Law), North-West University, Potchefstroom Campus, 2014
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Climate change and Africa : the normative framework of the African Union / Daniel Mirisho PallangyoPallangyo, Daniel Mirisho January 2013 (has links)
There is enough evidence on how climate change consequences will adversely affect
Africa despite the fact that it is the continent that has least contributed to the problem.
The international climate change regime recognises Africa's vulnerability to climate
change and provides for special treatment under the United Nations Framework
Convention on Climate Change (the UNFCCC). Thus, the international climate change
regime presents an opportunity for African countries to adapt and mitigate the
consequences of climate change through the UNFCCC mechanism. However, the
international climate change legal regime has not been able to adequately assist African
countries to address the consequences of climate change under the vulnerability
principle. Although the current international climate change regime requires developed
countries to reduce their greenhouse gas (GHG) emissions, Africa needs to take steps
itself to address the problem, because it is most vulnerable to the consequences of
climate change.
The African Union (AU) could play a great role in ensuring that the international climate
change regime addresses the consequences of climate change in the region. This could
be done through fostering strong African common positions during international climate
change negotiations. A strong common position could strengthen African bargaining
power and might result in more funding, capacity building and technology development
and transfer for adaptation and mitigation programmes under the UNFCCC-Kyoto
Conference of Parties. However, reaching a strong common position requires the
cooperation of the AU member states. In this context, African regional integration is an
opportunity for the AU to foster such cooperation among member states. The Treaty
Establishing the African Economic Community (the Abuja Treaty), the Constitutive Act
of the AU and the Protocol on the Relations between the AU and Regional Economic
Communities (RECs) prioritise regional economic integration and call for states'
cooperation, but the call has not yet been heeded. To realise deep and viable African
integration, there must be a well-structured institutional and legal framework that defines
the relationship between the AU, the AEC and the RECs. African regional integration is also seen as an avenue whereby the AU can create its
own regional climate-change regime. In this regard, the AU's and RECs' normative
framework on climate change is examined in order to assess whether it adequately
integrates climate change issues. This study finds that although Africa is most
vulnerable to the consequences of climate change, the AU's and RECs' normative
framework on climate change is weak and inadequate to address the problem. The
Framework should integrate climate change issues in order to achieve sustainable
development. The AU should also ensure that member states ratify the relevant treaties
and protocols (the Maputo Nature Convention and the Protocol establishing the African
Court of Justice and Human Rights) that have not yet been ratified in order that they
may become operational. The Maputo Nature Convention puts sustainable development
in the forefront of attention as a reaction to the potentially conflicting environmental and
developmental challenges facing the continent (such as climate change), but it is not yet
in force.
This work finds that human rights law can strengthen the AU's role in addressing
climate change through its normative framework. The human rights approach to climate
change under the African Charter on Human and Peoples' Rights (the Banjul Charter) is
a viable avenue because human rights law forms the basis for states' responsibility
based on human rights obligations and principles. The extraterritorial application of the
Banjul Charter presents an avenue for AU institutions such as the Human Rights
Commission and the African Human Rights Court to curb the effects of climate change
through a human rights lens.
The future of the AU is presented within the context of a set of recommendations that
identify strong African regional integration as an avenue through which the AU can
foster the cooperation of member states to address the consequences of climate
change in the AU's and RECs' normative frameworks. General recommendations are
made on the need for the international climate change regime to pay more attention to
issues of funding, capacity building and technology development and transfer on the
basis of the vulnerability principle and in relation to the principles of equity and common but differentiated responsibilities and respective capabilities. Also, the AU needs to
strengthen its legal and institutional structures to ensure deep African integration that is
capable of addressing common challenges such as the consequences of climate
change. / PhD (Law), North-West University, Potchefstroom Campus, 2014
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