Depuis un certain nombre d’années, se manifeste tout spécialement en Europe l’influence de la thématique de l’activation des dépenses sociales dites « passives ». Ce discours politique imprègne les systèmes nationaux et se diffuse sur le plan normatif, conduisant à de nouvelles articulations entre logiques de protection sociale classique (indemnisation ou aide sociale) et d’emploi (droit du travail). Ces politiques actives s’appuient sur les fondements traditionnels du modèle social-démocrate nordique et du modèle anglo-saxon. L’Union européenne a fait sienne la dynamique d’activation et lui a accordé une place centrale dans sa stratégie pour l’emploi et dans la Méthode Ouverte de Coordination en matière de protection sociale. Cette stratégie a produit un impact sur les systèmes nationaux. Cet impact a pu être mesuré aussi bien sur les systèmes béveridgiens que sur les systèmes bismarckiens, laissant apparaître une multiplicité des visages de l’activation selon les Etats-membres, mais selon une référence plus marquée soit à une approche libérale soit à une approche dite « universaliste » ou « prospective », d’amélioration des trajectoires professionnelles. Les transformations récentes des dispositifs français (indemnitaires ou assistantiels), basées sur une logique de conditionnalité des prestations, ont conduit à des bouleversements au sein de la protection sociale qui invitent à questionner les logiques juridiques sous-jacentes de ces mutations et à proposer une analyse critique de la portée d’un tel renouvellement du contrat social. / The influence of the theme of activating "passive" social expenditure has been evidenced over the last few years and especially in Europe. This political discourse has filtered into the national systems and has spread to legislation, leading to new links between the logic of classic social protection (compensatory technique or social assistance claimants) and employment (employment law). These active policies are based on traditional socio-democratic nordic models and the anglo-american model. The European Union has adopted the activation concept and given it central place in its employment strategy and through the Open Method of Coordination for social protection. This strategy has had an impact on the national systems. This impact may be measured in Beveridgian systems as well as in Bismarckian systems, that shows the different aspects of activation depending on the Member States but with a more distinct difference depending on a more liberal or universalist approach. The recent transformations in the French system (unemployment insurance benefits or social assistance schemes) based on the conditionality of social protection, have led to significant changes to social protection which raises the issue of the underlying legal logic of these changes and a critical analysis of the extent of such a renewal of the social contract.

Le présent mémoire dresse un portrait des règles entourant la mise en vigueur et l'entrée en application de régimes de droits de souscription d'actions. À cet effet, l'auteur résume les règles entourant les offres publiques d'achat, examine les principes touchés par la mise en place d'un régime de droits de souscription d'actions, ainsi que les effets d'un tel régime sur la valeur des actions. Dans un deuxième temps, l'auteur se penche sur la légalité des régimes de droits de souscription d'actions en effectuant une revue du principe de l'égalité des actionnaires et des droits et obligations des administrateurs en matière de défense à une offre publique d'achat. L'auteur termine en effectuant une revue des divers recours qui s'ouvrent aux divers intervenants. / The present thesis tries to review the main rules regarding the creation and the application of a shareholders rights plan. The author reviews also the sections of the Securities Act pertaining to the Take-Over bid. The author also explains the main principles of the corporation law domain and how a shareholders rights plan may be implemented. Second, the author reviews the legality of the implementation of the shareholders rights plan with regards to the shareholders rights given by the Law, and to the obligations and duties of the directors of the Corporation. At the end of the present thesis, the author presents a review of the main recourses opened to the Shareholders, the corporation and the bidder.

I evaluate four possible approaches the United States may take to address China's practice of undervaluing the renminbi: 1) a challenge under Article XV of the GATT and the associated IMF provisions; 2) countervailing duties; 3) antidumping measures; and 4) safeguard measures. I conclude that the first three approaches are unlikely to succeed; there are a number of legal and political obstacles to the pursuit of these remedies. While the current WTO safeguards regime is likely insufficient, a new safeguards regime can--and should--be developed. I review and critique Dani Rodrik's proposal for a new safeguards regime and set out my own basic blueprint for a significantly expanded safeguards regime, emphasizing that flexibility in the realm of international trade law would help to secure overall stability in international trade itself. In order to be effective shock absorbers, safeguards must become far more flexible.

I evaluate four possible approaches the United States may take to address China's practice of undervaluing the renminbi: 1) a challenge under Article XV of the GATT and the associated IMF provisions; 2) countervailing duties; 3) antidumping measures; and 4) safeguard measures. I conclude that the first three approaches are unlikely to succeed; there are a number of legal and political obstacles to the pursuit of these remedies. While the current WTO safeguards regime is likely insufficient, a new safeguards regime can--and should--be developed. I review and critique Dani Rodrik's proposal for a new safeguards regime and set out my own basic blueprint for a significantly expanded safeguards regime, emphasizing that flexibility in the realm of international trade law would help to secure overall stability in international trade itself. In order to be effective shock absorbers, safeguards must become far more flexible.

本研究旨在探討基北區兼任行政工作教師工作壓力、12年國教採計服務學習時數之實施困擾及憂鬱行為表現之關係，分層選取臺北市、新北市與基隆市公立國中兼任行政教師共443人進行問卷調查，並以描述統計、單因子變異數分析、皮爾遜相關分析和多元迴歸等統計方法進行分析。主要研究結果如下： 1、 基北區兼任行政教師的工作壓力屬中等程度；12年國教採計服務學習時數之實施困擾程度屬中上程度；憂鬱行為表現屬中下程度。 2、 新北市兼任行政教師在上級要求工作壓力感受上高於臺北市兼任行政教師。 3、 基隆市兼任行政教師在工作負荷工作壓力感受上高於臺北市兼任行政教師。 4、 30班以下基北區兼任行政教師其憂鬱行為表現高於61班以上的基北區兼任行政教師。 5、 基北區兼任行政教師的工作壓力與憂鬱行為表現有顯著正相關。 6、 基北區兼任行政教師的12年國教採計服務學習時數之實施困擾與憂鬱行為表現有顯著正相關。 7、 基北區兼任行政教師的12年國教採計服務學習時數之實施困擾與工作壓力有顯著正相關。 8、 人際關係工作壓力與12年國教採計服務學習時數之實施困擾能預測基北區兼任行政教師憂鬱行為表現。 本研究依據上述結果加以討論，並分別針對基北區兼任行政教師、學校、教育行政主管機關及未來研究提出相關建議。 / This studyaims to investigate the correlation among work-related stress,service learning of twelve-year public education program and presentation of depressive symptoms of teacher with additional administrative duties who work at public junior high school in Taipei、New Taipei and Keelung city.Stratified selection of Taipei, New Taipei and Keelung public junior high school total of 443 teachers with additional administrative duties were investigated. Data collected is analyzed using descriptive statistics, one-way ANOWA、Pearson’s correlation analysis and multiple stepwise regression analysis. The main results are listed here. 1. The work-related stress of Taipei、New Taipei、Keelung city ‘s teacher with additional administrative duties is in the medium level; The distress of service learning of twelve-year public education program is in the high-medium level ; Their presentation of depressive symptoms is in the lower-medium level. 2. Such teachers who working in New Taipei city show significantly higher work-related stress than those working in Taipei city. 3. Such teachers who working in Keelung city show significantly higher work-related stress in operating load than those working in Taipei city. 4. Such teachers who working at schools with under 30 classes experience significantly more depressive symptoms than those working at schools with 61 or more classes 5. There is a significantly positive correlation between work-related stress experienced by such teachers and the presentation of their depressive symptoms. 6. There is a significantly positive correlation between the distress of service learning of twelve-year public education program and depressive symptoms. 7. There is a significantly positive correlation between the distress of service learning of twelve-year public education program and work-related stress. 8. Work-related stress resulting from interpersonal relationship and the method of implementation of service learning of twelve-year public education program are the best indicators for the presentation of such teacher’s depressive symptoms. This study discusses the above-mentioned results and offers several suggestions for the teacher with additional administrative duties who work at public junior high school in Taipei、New Taipei and Keelung city、education agency and further studies.

No description available.

Good corporate governance should be the cornerstone of all company management. Directors ought to know in whose interests the company should be managed. This thesis attempts to answer the following question: whose interests must be granted primacy in the management of a company? In chapter 1 it is stated that shareholders' interests are traditionally granted primacy in the management of a company. There has, however, been a shift in public opinion towards recognition of a wider variety of interests that should be considered than only those of the shareholders. These interests include, inter alia, environmental interests and those of the investors, employees and consumers. This thesis thus focuses on the primary stakeholders, namely individual shareholders, creditors, employees, consumers and suppliers. In chapter 2 a theoretical foundation is provided on the nature of a company. The different theories on the nature of a company, emphasising either shareholder primacy or stakeholder protection, are discussed. A combined new theory is proposed. It is suggested that the confusion relating to the meaning of "the company" needs to be eliminated. Chapters 3, 4 and 5 provide an international comparison of the company law in Botswana, Australia, New Zealand and the United Kingdom. The focus falls, firstly, on directors' duties, secondly, on the question in whose interests directors should manage a company and, thirdly, on the codification of their duties. In chapter 6 the South African position is evaluated. First, the possible stakeholders are identified and the protection currently afforded them is explained. The reports of the King Committee on Corporate Governance, the Policy Document on company law reform as well as the Companies Bill of 2007 are discussed. Draft clauses are recommended to be incorporated in new company legislation to provide directors with clarity on what is expected of them. It is the aim of this thesis to provide clarity on whose interests should receive primacy when directors manage a company. The outcome of this research should provide a clear indication to South African directors of what is expected of them and who the beneficiaries of their fiduciary duties are. / Law / LL.D.

Subject matter of my diploma paper is {\clqq} Tax burden of road transfer in select entrepreneurial subject``. My aim is optimise tax charge of road transfer in this entrepreneurial subject. I define long-term corporeal property, manners of its acquisition and its depreciation in introductory part. Further, I describe taxes and compulsory charges, which closely bear with road transfer. I focus on tax charge in factual company, which carries bussiness in road transfer in the end. I investigate tax stress at tax and duties, which directly bear with road transfer. It is about road tax, consumer tax of mineral oils, value added tax (VAT), the duties from usages of motorways and high-roads and finally insurance of responsibility for damage caused operation of motor vehicle. I compare tax burden of two particular trucking systems the company has available and I propose options available to a possible reduction of tax charge in these two freighters.

The aim of this thesis is to discuss the concepts of humanitarian intervention and the responsibility to protect (R2P), and; to investigate how best to apply the concepts in the face of humanitarian crises, in order to address concerns about their implementation. The failure of the Security Council to react to grave human rights abuses committed in the humanitarian crises of the 1990s, including Iraq (1991), Somalia (1992), Rwanda (1994), Bosnia (1993-1995) Haiti (1994-1997), and Kosovo (1999),triggered international debatesabout: how the international community should react when the fundamental human rights of populations are grossly and systematically violated within the boundaries of sovereign states, and; the need for a reappraisal of armed humanitarian intervention. Central to the debate was whether the international community should continue to adhere unconditionally to the principle of non-intervention enshrined in Article 2(7) of the UN Charter, or take a different course in the interest of human rights. The debate culminated in the establishment of the Canadian International Commission on Intervention and State Sovereignty (ICISS) in 2000, with the mandate to find a balance between respect for sovereignty and intervention, for purposes of protecting human rights. Much of the scholarly literature on military intervention for human protection purposes deals with the legality and legitimacy of the military dimension of the concepts. The significance of the thesis is that: it focusesthe investigation on the potential abuse of the use of force for human protection purposes, when moral arguments are used to justify an intervention that is primarily motivated by the interests of the intervener, and; the propensity to use disproportionate force in the attainment of the stated objective of human protection, by powerful intervening states. The central argument of the thesis is that there are double standards, selectivity, abuses, andindiscriminate and disproportionate use of force in the implementation of R2P by powerful countries, and; that, whether a military intervention is unilateral, or sanctioned by the UN Security Council, there is the potential for abuse, and in addition, disproportionate force may be used.The thesis makes recommendations to address these concerns, in order to ensure the survival of the concept. / Public, Constitutional and International Law / LL.D.

The problems concerning the future management of state-aided (Model C) schools fall into two main categories, namely problems intrinsic to the Model C schools and the problem of giving substance to the stated vision of the ANC. Model C schools were seen as a South African model of school self-management. A study of the literature relating to school self-management in general, and how it is practised in various countries, was made and the management of state-aided (Model C) schools was analyzed. A impirical investigation was conducted to ascertain the perceptions of various role-players in school management about their duties and responsibilities in this regard. A model for the self-management of state-aided schools, based on the Caldwell and Spinks' s model, and conforming to various criteria, is proposed. The proposed model is, in the opinion of the researcher, applicable not only to State-aided schools, but to all schools in South Africa as it allows individual schools to accept as much or as little self-management as is consistent with the capacity of their communities to provide effective and efficient service. It also allows schools to accept increases in self-management as their communities gain in management skills and expertise. / Educational Studies / D.Ed. (Educational Management)