This thesis takes as its focus R. v. Guerin, [1984] 2 S.C.R. 335 and seeks to assess its possibilities as the source of a legal principle to guide the constitutional review of the aboriginal and treaty rights protected by s. 35 of the Constitution Act, 1982.<p>In Chapter 1, the decision and the commentary to which it gave rise is discussed. Chapter 2 reviews the history of the law of aboriginal rights with a particular focus on the Indian law of the United States. Chapter 3 reviews Canadian Native law with a particular stress on the trust obligation. In Chapter 4 the language of trusts is reviewed and the influence of International law is canvassed. After a brief discussion of fiduciary law, the chapter closes with a suggested basis for a constitutional fiduciary principle. Chapter 5 opens with a discussion of s. 35 of the Constitution Act, 1982. The theory is then proposed.<p>The theory would find its origin in the common law recognition of the precontact sovereignty of the aboriginal peoples and its denial by the colonizing nation at the time of colonization. The assumption of legislative power by the Crown came with an obligation, acknowledged by the Crown, that it must use its legislative power so as to protect and promote the interests of the aboriginal peoples in order to assist them through the process of colonization. It is suggested that s. 35 of the Constitution Act, 1982 may have made that obligation justiciable and may require the courts to check the exercise of its legislative power to make certain that any negative effect on the aboriginal peoples is justified. The standard, being a fiduciary one, would be high.<p>The thesis closes with an application of the theory to some past and present issues in Native law.

In Taiwan, the environmental protection actions that people usually take are "physical actions", such as picking up litter, sorting trash, installing household resource-conserving devices. Other kinds of actions¡Xe.g., persuasive actions, civic action (such as signing for environmental causes, petitioning and lobbying) ¡Xare far less common. However, the latter actions, especially civic actions, are more effective than physical actions in pushing the government to adopt proenvironment policies and thus have more far-reaching impacts. This study thus focused on three civic and persuasive actions¡Xsigning for environmental causes, lobbying, and being an ecotourism interpreter. And since these actions are usually taken as a group action (people do so either because they are members of environmental groups or other NGOs, or because they join the actions of these organizations) , this study took environmental group members as its target population. A survey of intentions regarding the above three kinds of actions was made, with 210 environmental group members as respondents. Two models were used to predict these behaviors. One was the theory of planned behavior (TPB) proposed by Ajzen (1988, 1991) , the other one was an integrated model based on theories from three disciplines¡Xsocial psychology, environmental education, public health¡Xand literatures of society mobilization. The integrated model contained 8 predictors, 4 of which were from the TPB (the subjective norm variable in the TPB was further split into 2 variables: subjective norm with respect to family members, subjective norm with respect to community members) . The other 4 variables were environmental moral obligation, environmental attitude, response efficacy and collective efficacy. Results showed that both the TPB and integrated models could predict all three kinds of environmental intention (R2 > .49 for each model and intention) . The integrated model, however, was not better than the TPB model in predicting the intention to lobby. And it was only a little better in predicting the intentions to sign and to be an interpreter. Implications of these results and suggestions for environmental groups and environmental education organizations were discussed.

Problematization: Tourism has a major impact on the environment. However, there is a conflict of interest making it difficult for the hotel business to decrease this impact. On the one hand, there is a pressure for environmentally friendly behaviour from society. On the other hand, the customers want to be pampered during their hotel stay. This makes it necessary to further investigate what influences customers’ intention to select a green hotel. Therefore this thesis examines students’ intention to select a green hotel. Since, it might make it easier for hotels to design and implement strategies to be greener, if they know what is important. Purpose: The aim with this thesis is to examine how the variables subjective norm, perceived behavioural control, perceived moral obligation and environmental awareness influence students’ intention to select green hotels. The main theory used is the Theory of Planned Behaviour (TPB). However, to make the TPB model fit better to the context green hotels, the variables perceived moral obligation and environmental awareness were added. The reason for adding these variables was because they are closely entwined with each other and is argued in previous research argues they influence environmentally friendly behaviour. Methodology: This study used an online questionnaire and a small experiment in the questionnaire. The sample consisted of students from Kristianstad University. Conclusion: The result of this study shows that all the hypotheses were rejected and therefore the null hypotheses are retained.

Background: The financial crisis of 2007-2010 had a massive impact on the financial markets worldwide. The crisis was partly blamed on the credit derivatives collateralized debt obligations and credit default swaps. These instruments were used to create leverage and speculation, which led to uncertainty in the financial system worldwide. There has been no recent documentation of how credit derivatives are used in Swedish banks, and what risks and opportunities they bring along. Purpose: The purpose of this thesis is to describe the use of credit derivatives in Swedish banks, what benefits and risks they may generate and how the recent financial crisis has affected their use. Research Method: This is a qualitative multiple case study which uses an inductive approach. The study covers four cases, three of the largest Swedish commercial banks, and a bank that specializes on international financing. Seven people working in different fields in these banks have been interviewed. Conclusions: Credit derivatives are mostly used for hedging in Swedish banks, which mainly involves the use of credit default swaps, and sometimes iTraxx. Purely speculative trades are rare. The risks that arise are mainly due to lack of transparency in OTC trading, and abusive use of these instruments. Credit derivatives greatly facilitate risk management in banks. Regulations have increased since the financial crisis and the demand for more complex products greatly decreased.

Civilinės teisinės apyvartos dalyviai neretai savo teises ir pareigas realizuoja, taikydami asmenų pasikeitimo prievolėje institutą, tačiau netinkamas minėtą institutą reglamentuojančių teisės normų aiškinimas gali tapti kliūtimi įgyvendinant ir vykdant asmenų teises bei pareigas. Todėl darbe keliama problema: kaip turi būti aiškinami kai kurie asmenų pasikeitimo prievolėje aspektai ir kokių reikalavimų turi būti laikomasi, siekiant tinkamai realizuoti kreditoriaus ir skolininko pasikeitimo sutartinėje prievolėje institutus. Siekiant išspręsti iškeltą problemą šiame darbe atskleidžiama asmenų pasikeitimo sutartinėje prievolėje samprata, apžvelgiami reikalavimo perleidimo, faktoringo, subrogacijos skolos perkėlimo reglamentavimo ypatumai pagal romėnų teisę, kai kurių užsienio valstybių teisę, būsimąjį Europos civilinį kodeksą, reikalavimo perleidimas ir skolos perkėlimas atskiriami nuo į juos panašių institutų. Darbe taip pat atskleidžiami esminiai reikalavimo perleidimo ir faktoringo teoriniai ir praktiniai aspektai: atvejai, kai draudžiama ar ribojama perleisti reikalavimo teisę, skolininko padėtis perleidžiant reikalavimą, cesijos ir faktoringo sutarties samprata, forma, turinys, pradinio kreditoriaus atsakomybės ypatumai. Parodant kai kuriuos skolininko pasikeitimo sutartinėje prievolėje aspektus, atkreipiamas dėmesys į draudimus perkelti skolą, skolos perkėlimo būdus, skolos perkėlimo sutarties sampratą, formą bei turinį, analizuojama kreditoriaus sutikimo reikšmė, skolos... [to full text] / The participants of civil legal turnover often use the institute of a change of persons to implement their rights and obligations. However, inaccurate interpretation of legal norms regulating this institute may hamper the realization of the rights and obligations. Therefore, the problem arises - how some aspects of a change of persons in an obligation should be interpreted and what particular requirements should be followed in pursuance of appropriate realization of institutes of a change of creditor or debtor in a contractual obligation. In order to solve the problem pointed out this work reveals the concept of a change of persons in a contractual obligation, analyses peculiarities of regulation of the assignment of claims, factoring, subrogation and delegation of debts upon Roman law, law of some of the foreign countries and the future European Civil Code, as well as distinguishes the assignment of claims and delegation of debts from similar institutes. The work also covers the essential theoretical and practical aspects of the assignment of claims and factoring: the injunctions and restrictions to assign a claim, the status of the debtor of the assignment of the claim, the conception of the cessio and factoring agreements, its form, content, and undertakings of an assignor. While analysing some aspects of the change of a debtor in a contractual obligation the analysis of restrictions to delegate a debt, the ways of delegation, the conception of the agreement to delegate a... [to full text]

Šiame magistro baigiamajame darbe analizuojamas vienašalis sandoris kaip prievolinių santykių atsiradimo prielaida. Darbas pradedamas vienašalio sandorio sąvokos analize, bendrųjų bruožų atskleidimu ir jo reikšmingumo pagrindimu. Nuosekliai nagrinėjami būtini sandorio elementai: subjektai, valia, valios išraiška, turinys ir forma. Išskiriami, būtent, vienašalio sandorio elementams būdingi ypatumai. Taip pat autorė atskleidžia, kad vienašalis sandoris gali būti pirminiu prievolinių santykių atsiradimo pagrindu arba tik papildomu juridiniu faktu jau esamuose teisiniuose santykiuose. Antrame skyriuje autorė nagrinėja prievolinių santykių kilimo sąlygas pagal tokį sandorį. Šiame skyriuje išskiriamos dvi vienašalių sandorių grupės: vienašaliai sandoriai, kurie skirti juos sudarantiems asmenims ir tie, kurie adresuojami kitiems asmenims. Autorė analizuoja kiekvieno jų ypatumus ir prievolinių santykių kilimo sąlygas. Taip pat nagrinėjamas įstatyme numatytas teisinių padarinių kilimas pagal vienašalį sandorį ir privalomas vienašalio sandorio sudarymas. Trečiasis šio magistro baigiamojo darbo skyrius yra skirtas vienašalio sandorio įtakos apimties analizei. Išskiriami sandoriai, kurie įtakoja tik vieną sandorio šalį ir tie, kurie įtakoja abi šalis. Taip pat analizuojama, kaip teisių ir pareigų pagal tokius sandorius atsiranda tretiesiems asmenims. Šiame skyriuje aptariama vienašalio sandorio atsisakymo teisė ir jos įgyvendinimo sudėtingumas, priklausantis nuo jo įtakos apimties... [toliau žr. visą tekstą] / Authoress of this master‘s final thesis analyse unilateral legal transaction as the cause of the obligations. The thesis begins with analysis of the concept, common features and substantiation of the importance. Authoress coherently analyse essential elements of the legal transaction: subjects, will, expression of will, content and legal form. The elements of unilateral legal transaction are emphasized. Authoress reveals that unilateral legal transaction can be the prime assumption of the obligations or it can be only collateral fact in the legal relations. The conditions of occurrence of the obligations under unilateral legal transaction are researched in the second chapter. Two groups of legal transactions are separated: unilateral legal transactions that are intended to the formers and those, which are addressed to the other persons. The occurrence of the obligations indicated in the legal acts and obligatory formation of the unilateral legal transaction are analyzed as well. The third chapter is about the size of influence of the unilateral legal transaction. There are contracts which bring influence only to the one part of the contract and those, which bring influence to the both sides. Authoress analyse how rights and obligations can arise to the third persons under unilateral legal transaction. The right of rejection of the unilateral legal transaction is disputed as well. The implementation of this right depends on the size of influence to the sides of the contract... [to full text]

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This dissertation examines the history of humanitarianism in international relations by tracing the relationship between moral obligation and sovereignty from the 16th century to the present. Its main argument is that moral obligations and sovereignty are mutually constitutive, in contrast to a widely held assumption in international relations scholarship that they are opposed to each other. The dissertation’s main theoretical contribution is to develop a framework, using a genealogical method of inquiry, for understanding the relationship between sovereignty and the shifting boundaries of moral obligation during the Westphalian period. This approach makes it possible to identify both elements of continuity and change in the history of humanitarianism and practices of sovereignty. The first chapter demonstrates how the extant literature on sovereignty and humanitarianism fails to adequately account for how states have participated in the construction of new moral boundaries even as they have sought to assert their own sovereignty. Chapter two lays out the dissertation’s theoretical framework, first by outlining an identity-based understanding of sovereignty in relationship to moral obligation, and then discussing the genealogical method that is used in three case studies. The following three chapters contain the dissertation’s empirical contributions, which are three historical cases that represent pivotal moments in the history of moral obligation and sovereignty. Chapter three examines the assistance offered by Elizabeth I to Huguenot refugees from 1558-1603, and relates England’s moral obligations towards Huguenots to the emergence of a sovereign English confessional state. Chapter four examines the relationship between British abolitionist arguments against slavery in the 19th century, and justifications for the extension of empire. Chapter five examines the emergence and evolution of the Responsibility to Protect (R2P) doctrine since 2001, whose advocates posit a modified conception of sovereignty that is explicitly tied to moral obligation. The concluding chapter discusses how the dissertation accounts for both the rise of humanitarianism and the persistence of sovereignty in international relations, as well as provides some reflections on areas for future research.

According to organizational support theory (OST), the relationship between perceived organizational support (POS) and organizational citizenship behavior (OCB) is driven by social exchange mechanisms and mediated by felt obligation (Eisenberger, Armeli, Rexwinkel, Lynch, & Rhoades, 2001). This explanation may be incomplete or limited as well-established motivational concepts are omitted. A new conceptual model is described that extends OST by incorporating the several cognitive motivational concepts (e.g., behavioral intentions, self-efficacy) with the felt obligation concept. The proposed model is tested in two separate studies an experimental study of undergraduate students (N = 191) and a field study of nurses (N = 171). In the experiment, induced organizational support was found to significantly affect all the dependent variables, including POS, felt obligation, self-efficacy, and intentions. Results of structural equation modeling were generally supportive of the proposed model. POS was found to be positively and indirectly related to both self-efficacy and intentions, through felt obligation. Consistent with expectations, felt obligation was positively related to both self-efficacy and intentions, while self-efficacy was positively related to intentions. The felt obligation-OCB relation was fully mediated by self-efficacy and intentions. As predicted, a positive relationship between intention and OCB was observed. Contrary to expectations, POS was not directly related to self-efficacy. POS-felt obligation was significantly moderated by exchange ideology significantly in the experimental study only. These findings suggest that employees who feel obligated to the organization as a result of high perceived organizational support consider both their ability and form intentions to engage in OCBs before reciprocating. The results suggest that variance in felt obligation is associated with efficacy and goal states. The experimental study presented here successfully pioneers the use of vignettes to experimentally induce variance in POS. This research offers two contributions to theory. First, the present findings extend goal theory by demonstrating that felt obligation influences goal choice. Second, this research extends OST by integrating well-established motivational concepts with social exchange mechanisms to provide more detailed understanding of how POS is translated into OCB, and by demonstrating that reciprocation for POS is more conscious and deliberate than previously recognized. / Human Resource Management and Industrial Relations

This examination of the common law obligation of good faith in the performance and enforcement of commercial contracts in Australia seeks to achieve a number of objectives. First, to chart the historical development of the implied good faith obligation. Secondly, to identify a number of issues that remain unresolved at Australian lower court level. Thirdly, to consider five doctrinal approaches that could be adopted by the High Court when ultimately confronted by the competing claims and tensions that have proven divisive in the courts below. Fourthly, to assess each approach against three identified benchmarks. The essential thesis is that good faith should be implied, as a matter of law, in commercial contracts that are relational in nature with an additional call being made for the High Court to explicitly recognise that the underlying basis of the implied good faith obligation is the reasonable expectations of the contractual parties. This approach is the one approach that satisfies all three benchmarks and provides the most satisfactory resolution of the issues that presently bedevil the commercial good faith debate in Australia.