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.

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

A normative study of a regional organisation exercising governance using Global governance as a guiding theory. Association of Southeast Asian Nations (ASEAN) is one of the biggest regional organisations, often compared to the European Union (EU) in terms of efficacy and non-legal binding approach, as well as the non-conformity of western liberal ideology. This thesis conducts a case study of ASEAN through the lens of interpretivist ontology and epistemology using critical discourse analysis while considering the deviation of the regional history, experience, and identity. The inevitable fully leaning reliance on technology that runs the societal and political infrastructure today has resulted in many states and regions to develop their Privacy law or internet governance. The thesis analyses frameworks, publications, and dialogues among ASEAN Member states as well as their dialogue partners. The texts are placed within the discursive practices that ASEAN functions as a collective entity in international relations in which governance no longer requires an official body of government. ASEAN’s long record of cooperation has always been motivated by economic prosperity. There is a notable growing concerns of privacy which is in need of data protection, ASEAN has displayed the realisation as well as a potential and gradual shift into a mindset where digital footprint can transcend from a nascent norm into what other community might take for granted as a universal right to the general public and the basic obligation of the government.

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.

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

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

Dans plusieurs juridictions comme le Québec, la vie privée est considérée comme un droit humain fondamental. Toutefois, la portée de ce droit est complexe et elle varie en fonction de plusieurs facteurs, notamment sociaux et technologiques. Ainsi, au cours des dernières décennies, le concept de vie privée a connu d’importants changements, notamment avec l’avènement d’Internet, qui rejoint désormais des milliards d’utilisateurs à travers le globe. Avec la convergence des nouvelles technologies, les organisations privées et publiques détiennent de plus en plus d’information sur les individus. Il est désormais possible de suivre tous les déplacements, les comportements et les préférences d’une personne, bien souvent à son insu. L’intelligence artificielle, qui se nourrit de ces données, a pour sa part conduit à de nouvelles façons d’analyser rapidement des masses d’information sous diverses formes et même d’inférer de nouveaux renseignements encore plus sensibles. Ainsi, les données massives et les puissantes capacités de corrélation des outils d’intelligence artificielle remettent en cause la frontière entre la vie privée et la vie publique. L’objectif de ce mémoire est donc d’abord de comprendre l’incidence que l’intelligence artificielle peut avoir sur la vie privée. Il s’agira ensuite d’exposer les raisons pour lesquelles nous sommes d’avis que le modèle de protection privilégié par le législateur québécois, basé sur la protection des renseignements personnels, s’avère insuffisant pour protéger la vie privée au sens large du terme. Puis, nous analyserons les avenues législatives potentielles afin de garantir la protection de ce droit. / In several jurisdictions such as Quebec, privacy is considered a fundamental human right. However, the scope of this right is complex and varies according to several factors, including social and technological ones. Thus, in recent decades, the concept of privacy has undergone significant changes, particularly with the advent of the Internet, which now reaches billions of users across the globe. With the convergence of new technologies, private and public organizations hold more and more information about individuals. It is now possible to follow all the movements, behaviors and preferences of a person, often without this person’s knowledge. Artificial intelligence, which feeds on data, has for its part led to new ways of rapidly analyzing masses of information in various forms and even inferring new, even more sensitive information. Thus, massive data and the powerful correlation capabilities of artificial intelligence tools challenge the boundary between private life and public life. Therefore, this thesis aims to understand the impact that artificial intelligence can have on privacy. We will then present the reasons why, in our opinion, the protection model favored by the Quebec legislator, based on the protection of personal information, is insufficient to protect privacy in the broad sense of the term. Finally, we will analyze the potential legislative avenues to guarantee the protection of this right.