Intra-state distribution of monetary and non-monetary benefits from resource extraction among multiple entities is a subject of considerable interest in natural resource law. Drawing mainly but not exclusively from international human rights and environmental law, this study explores the nature, core content and models of benefit sharing in the extractive sector in Kenya. The study establishes that central to the push for benefit sharing is the desire to realise justice – commutative, distributive or compensatory – for resource-host communities and regions. Kenya is an ideal case study related to benefit sharing because of its recent adoption of multi-level governance known as devolution. From this lense of multi-level governance, the thesis assesses whether such a system aids or impedes the effective distribution of resource benefits to host regions and communities, a factor critical to mitigating resource conflict. The thesis examines Kenya's legal regime governing benefit sharing from the colonial period to the present. This historical review demonstrates the significant impact that Kenya's Constitution adopted in 2010 has produced in entrenching benefit sharing in the norms and institutions of the state. It attributes the enhanced legal and policy recognition of benefit sharing not merely to the text of the Constitution but to the role played by semi-autonomous territorial units, known as counties, in shaping emerging norms and standards on benefit-sharing through a wide range of strategies including legislation, litigation and information dissemination. Where countiestake a proactive role in shaping the manner in which resource costs and benefits are distributed in law, responsive legislative outcomes can be realised. Conversely, where counties fail to seize their institutional position to aid resource impacted communities' engagement with policy opportunity structures, national institutions and resource operators are likely to default to historically exclusionary and paternalistic approaches to benefit sharing. The legal and institutional gaps evident in Kenya's mineral and petroleum legislative regime are largely a function of this dynamic. In examining the response of two resource-host counties in Kenya-Turkana and Kwalethe study demonstrates the need for counties to make pro-community policy choices in ensuring that constitutionally mandated monetary and non-monetary benefits are accessed at the local level. The study validates the utility of benefit sharing as an enabler of stable resource development environment especially when its impact is experienced through local economic development within host regions and communities.

In this dissertation I identify various sources of legal indeterminacy and scrutinize the functions that indeterminacy can play in law. In particular, I focus on the authority of indeterminate law: how it can be that laws of which it is not clear which obligations they impose, nonetheless impose obligations. I argue that there are more sources of legal indeterminacy than is commonly assumed in the literature, and that the role that context plays in the occurrence, functionality and authority of indeterminate legal norms has been largely overlooked. I argue further that indeterminate legal norms can be authoritatively binding just so long as we accept that the nature of the obligation imposed by the norm changes according to whether the legal norm generates a hard case as applied to a particular context.

The refugee experience is such that it is common for family members to be separated from each other before or during their flight from the country of origin. In the face of persecution, families adopt strategies, some of which may necessitate temporary separation: sending a politically active adult into hiding, helping a son escape forcible recruitment by militia forces, sending abroad a woman at risk of attack or abduction. Family members may be forced to take different routes out of the country or to leave at different times as opportunities permit. It is therefore also common for refugees to be unaware, often for long periods, whether a family member is alive or dead. The commonality of the experience does not in any way detract from the pain and anxiety felt by those separated from close family members.

The National Review of the LLB by the Higher Education Qualifications Committee of the Council on Higher Education from 2015 to 2018 underscored the dire need for LLB curriculum change at South African universities. Not only did the Review call for ‘wideranging curriculum reform', but it also recommended that the minimum duration of the four-year LLB be extended by an additional year. Most institutions responded with minor changes to their LLB curricula to meet the demands of the National Review of the LLB and to remain accredited. However, a comprehensive review of their LLB curricula may be required to improve the quality of their graduates in the long run. Furthermore, should it be decided to extend the LLB by one year, all universities offering a four-year LLB will have to engage in comprehensive curriculum change by developing new five-year LLB curricula. Although curriculum change management models (hereafter CCMMs) play an important role in revising or reflecting on HE curriculum change, no model was available for law curriculum change. The study focuses on developing a change management model for facilitating comprehensive curriculum change of the LLB at universities in South Africa. A mixed methods research design was adopted to achieve the purpose of the study. Based on a literature review, a Draft LLB CCMM comprising 61 prescriptive outlines (hereafter POs) was proposed in Phase 1. The Draft LLB CCMM was used to compile a structured questionnaire in Phase 2 of the study. Staff members (n=28) who had participated in a comprehensive LLB curriculum change process at the University of the Free State (hereafter UFS) quantitatively rated the importance of the POs for facilitating LLB curriculum change in South African circumstances. They also rated the compliance of the UFS curriculum change process with these POs. The quantitative evaluation of the POs of the Draft LLB CCMM in terms of importance suggested that all POs should be included in the Final LLB CCMM. A critical reflection on the initiatives and practices implemented during the UFS curriculum change process led to identifying recommended practices for those POs that met the minimum quantitative compliance criteria. Reflective appraisal, the quantitative feedback from questionnaire participants and consulting appropriate literature assisted in identifying what could have been done differently for those POs that did not meet the minimum compliance criteria. Also, a focus group discussion in Phase 3 shed light on why some POs did not meet the minimum compliance criteria. In the focus group, the discussions on the strengths and weaknesses of the UFS curriculum change process led to the identification of additional POs and recommended practices in the Final LLB CCMM. The quantitative and qualitative findings in Phases Two and Three were integrated to propose the Final LLB CCMM. The study contributes towards curriculum change theory building. The Final LLB CCMM breaks down the challenging, multifaceted and complex nature of comprehensive curriculum change into manageable processes, functions, POs and recommended practices. Although the CCMM was specifically developed for comprehensive LLB curriculum change, specific processes, functions, or POs of the model can be adapted to permit faculties to engage in minor or piecemeal LLB curriculum changes. Also, the CCMM can be adapted to facilitate curriculum change in other disciplines.

<p>The credit derivative contract is a new type of contract in the Financial Law and Banking Law that emerged in the early 1990’s and now applies all over the world. The purpose of the credit derivative contract is to transfer credit risk associated with underlying instruments to the counterpart, without delivering or transferring any of the underlying instrument itself. The part that takes over the credit risk receives payment for taking over the credit risk from the other part.</p><p>The thesis analyses the credit derivative contract in relation to the existing legislation, the legal nature of this type of contract and compares it to similar types of contracts in Swedish Law and English Law. The thesis analyses also the two main types of the credit derivative contracts and 2003 ISDA Credit Derivatives Definitions and 2002 ISDA Master Agreement. These documents constitute the partly standardised documentation that is used to document the credit derivative contract.</p><p>Based on the analysis described above, the thesis presents conclusions regarding development of the credit derivative contract. Some of important conclusions are that the credit derivative contract is a different type of contract from the credit insurance contract and some other types of contract, that the credit derivative contract is dependent on its comprehensive documentation and that it is a new type of contract because it combines the existing legal terms and elements in a new way.</p>

<p>Sammanfattning</p><p>Den allmänna otillbörlighetsregeln i KL 4:5 är idag den enda återvinningsregel som har ett subjektivt rekvisit. Detta arbete skall dock inte behandla detta rekvisit utan istället fokusera på regelns kanske viktigaste rekvisit, nämligen otillbörlighetsrekvisitet. KL 4:5 är inte subsidiär till de övriga återvinningsreglerna i KL utan har ett brett tillämpningsområde. Denna regel kan komma att tillämpas trots att någon av de övriga återvinningsreglerna är aktuella. Detta om rättshandlingen företagits på ett otillbörligt sätt gentemot konkursboets borgenärer.</p><p>För att återvinning skall kunna ske enligt KL 4:5 krävs att en rättshandling skall ha företagits. Vidare skall denna transaktion ha inneburit att en viss borgenär har gynnats framför en annan borgenär, att egendom undandragits från borgenärerna eller att gäldenärens skulder har ökat. Dessa rättshandlingar är typfallen där konkursborgenärerna kan drabbas av nackdel i förhållande till sin innestående fordran gentemot konkursboet. KL 4:5 innehåller förutom det subjektiva rekvisitet och kravet på nackdel också ett insolvensrekvisit.</p><p>Är dessa rekvisit uppfyllda så skall en otillbörlighetsbedömning göras. Man skall här pröva om otillbörlighetsrekvisitet anses vara uppfyllt. Denna bedömning görs utifrån att man prövar om de olika typfallen av rättshandlingar företagits på ett otillbörligt sätt. Skulle så vara fallet går rättshandlingen åter. Omständigheter som gör att en rättshandling erhåller epitetet otillbörligt kan t.ex. vara att beloppet som transaktionen rör är att anses vara av betydande storlek.</p><p>Detta arbete kommer grundligt att presentera och redogöra för de omständigheter som förarbetena, rättstillämpningen och doktrinen menar påverka otillbörlighetsbedömningen.</p>

No description available.

C-uppsats

All donor offspring conceived under the Swedish Genetic Integrity Act or the now-repealed Act on Insemination, from gametes donated after 1 March 1985, have the right to obtain identifying information about the donor when they are sufficiently mature. Despite this, studies undertaken in Sweden and abroad reveal that many donor offspring will never be able to exercise their right to information because their parents do not tell them how they were conceived. This study examines the regulatory framework established to facilitate access to identifying information for donor offspring in Sweden; the main objective being to determine whether or not the right to information is an effective legal right. In addition to giving an account of the source and scope of the right under Swedish law, Sweden´s possible obligations to donor offspring under the United Nations Convention on the Rights of the Child and the European Convention on Human Rights are explored. A number of measures that could promote the right to information are also considered.

The credit derivative contract is a new type of contract in the Financial Law and Banking Law that emerged in the early 1990’s and now applies all over the world. The purpose of the credit derivative contract is to transfer credit risk associated with underlying instruments to the counterpart, without delivering or transferring any of the underlying instrument itself. The part that takes over the credit risk receives payment for taking over the credit risk from the other part. The thesis analyses the credit derivative contract in relation to the existing legislation, the legal nature of this type of contract and compares it to similar types of contracts in Swedish Law and English Law. The thesis analyses also the two main types of the credit derivative contracts and 2003 ISDA Credit Derivatives Definitions and 2002 ISDA Master Agreement. These documents constitute the partly standardised documentation that is used to document the credit derivative contract. Based on the analysis described above, the thesis presents conclusions regarding development of the credit derivative contract. Some of important conclusions are that the credit derivative contract is a different type of contract from the credit insurance contract and some other types of contract, that the credit derivative contract is dependent on its comprehensive documentation and that it is a new type of contract because it combines the existing legal terms and elements in a new way.