Legal Regulation of Air Quality Protection Abstract This diploma thesis provides an overview of the legislation on air quality in the Czech Republic with a focus on the regulation in the Act No. 201/2012 Coll., on air protection including a detailed analysis of some problematic aspects and current issues. Air pollution is the actual global issue that is discussed not only in the Czech Republic but also all over the world, mainly because of the harmful effects on human health and the environment. This paper is organized as follows. The introductory chapter defines the necessary terms, which are essential to the following text of the paper. This chapter also describes the distribution of air pollutant sources and the importance of this distribution for subsequent obligations. The next chapter provides an overview of the historical development of Czech, international and European air quality legislation following by chapters, where the individual types of regulatory instruments to reduce air pollution are analyzed. The chapter on conceptual instruments mainly focuses on the National Emission Reduction Programme of the Czech Republic and an Air Quality Improvement Programs, including an analysis of the changes brought by the amendment to the Air Protection Act implemented by Act No. 172/2018 Coll. Moreover...

Temporary agencies are commonly used by Swedish companies today, and according to Coe, Johns and Ward (2009), this is because Sweden has a strict labor market regulation which makes companies afraid to employ workers on a permanent basis. By using temporary agencies, companies can come around the Employment Protection Act (EPA) which makes us question which parts of the EPA that companies consider as a problem and if the use of temporary agencies actually can reduce this problem for Swedish companies. Focus in this thesis is companies´ personnel costs, which means that the EPA and the use of temporary agencies are investigated with these costs in mind. Therefore, the purpose with this thesis is to investigate how the EPA affects Swedish companies’ personnel costs over the years 2007-2009, and examine if the use of temporary agencies can reduce these costs. A descriptive investigation is conducted in order to examine the purpose of this thesis. The study is accomplished through an Internet based questionnaire which is send to 68 randomly chosen companies all over Sweden, with 51-150 workers from no specific branch or geographical area. 32 companies participate in the study. From the descriptive investigation it is evident that the EPA has increased personnel costs for Swedish companies over the years 2007-2009. However, this happens indirectly through decreased flexibility making it difficult for companies to quickly adjust to changes in demand. Also, a majority of the companies are critical towards the EPA and show direct consequences’ of negative impacts experienced. Consequently, we suggest that the EPA is updated to fit the conditions of today´s labor market. Furthermore, temporary agencies reduce companies’ personnel costs by enabling them to hire workers and avoid costs as employment benefits and costs for absenteeism. However, the direct costs of temporary workers are higher than the direct cost for permanent workers. Therefore, we suggest that the use of temporary agencies should not be used instead of permanent employments but mainly in situations of escalating demand when greater flexibility is needed. Finally, the costs for permanent workers are reported in account category 7 “personnel costs, depreciation etcetera” and the costs for temporary workers are reported in account categories 5-6 “other external operating expenses” in the income statement. However, both these account categories are included in the same main category of costs. This means that the only difference in the income statement is due to the higher cost of temporary workers. Besides this, companies´ accounting is not affected.

The literature on the capabilities of weak states to withstand pressure from strong states suggests that more often than not, weaker states tend to give into the stronger power. What are the motivating factors that enable weak states to withstand pressure from strong states? To ensure that the International Criminal Court (ICC) does not gain jurisdiction over its nationals, the United States is currently seeking to sign Bilateral Immunity Agreements (BIAs) with all countries under the rubric of the American Servicemembers' Protection Act. This thesis examines through a comparative case study analysis how a number of African Countries are able to withstand the pressure to sign a BIA by taking advantage of internal and external institutional structures and mechanisms. It also fills a gap in the literature by examining one regions response to the BIAs relative to the U.S. position concerning the ICC.

Families are old organizations. In Asian area, ¡§Domestic Violence Protection Act¡¨ is a new law that shoots up like a new sprout. When tradition meets modern laws; when old emotions and blood relationship meet rational laws, what kind of spark will be generated? And how many new social issues will it bring up? The harms caused by marital violence to a family include physical and mental torture suffered by family members, which might lead to high national and social costs. Owing to the changes in family functions and family structure, marital violence as a controversial issue has been regulated in the legislative body through legislation. However, if there is no limit to the ¡§intervention of laws in domestic disputes¡¨, family problems will be made public just like the ¡§Truman Show¡¨. Without privacy there is no dignity. The universal value of human rights would finally be stripped off. Once the private realm of a family is intervened, it is as if the Pandora¡¦s Box pops open. The basic human rights of family members, such as individual¡¦s privacy, minor children¡¦s right to family harmony, domestic violence victims¡¦ right over body and the right of freedom from fear, and domestic violence offenders¡¦ right to family life, right of migrating freedom, right of personal freedom, and right of property disposal, which has been deprived according to the protective order, as well as human dignity of each family member of the family in dispute and so on will be challenged. Whether the core of family system and family autonomy, or the right to family life, or the systematic protection of family should be precedent to the natural rights of the Constitution? Is it excessively intervened by the Domestic Violence Protection Act? This article discusses the intervention of laws in domestic disputes from the practical and law aspects: What conflicts exist between Domestic Violence Protection Act and domestic violence, and the possibility of reconciliation between them. It is also expected that the implementation of policies is able to protect the basic human rights of all citizens by adhering to the consistent constitutional spirit.

<p>Temporary agencies are commonly used by Swedish companies today, and according to Coe, Johns and Ward (2009), this is because Sweden has a strict labor market regulation which makes companies afraid to employ workers on a permanent basis. By using temporary agencies, companies can come around the Employment Protection Act (EPA) which makes us question which parts of the EPA that companies consider as a problem and if the use of temporary agencies actually can reduce this problem for Swedish companies. Focus in this thesis is companies´ personnel costs, which means that the EPA and the use of temporary agencies are investigated with these costs in mind.</p><p><em>Therefore, the purpose with this thesis is to investigate how the EPA affects Swedish companies’ personnel costs over the years 2007-2009, and examine if the use of temporary agencies can reduce these costs.</em></p><p>A descriptive investigation is conducted in order to examine the purpose of this thesis. The study is accomplished through an Internet based questionnaire which is send to 68 randomly chosen companies all over Sweden, with 51-150 workers from no specific branch or geographical area. 32 companies participate in the study.<strong></strong></p><p>From the descriptive investigation it is evident that the EPA has increased personnel costs for Swedish companies over the years 2007-2009. However, this happens indirectly through decreased flexibility making it difficult for companies to quickly adjust to changes in demand. Also, a majority of the companies are critical towards the EPA and show direct consequences’ of negative impacts experienced. Consequently, we suggest that the EPA is updated to fit the conditions of today´s labor market. Furthermore, temporary agencies reduce companies’ personnel costs by enabling them to hire workers and avoid costs as employment benefits and costs for absenteeism. However, the direct costs of temporary workers are higher than the direct cost for permanent workers. Therefore, we suggest that the use of temporary agencies should not be used instead of permanent employments but mainly in situations of escalating demand when greater flexibility is needed. Finally, the costs for permanent workers are reported in account category 7 “personnel costs, depreciation etcetera” and the costs for temporary workers are reported in account categories 5-6 “other external operating expenses” in the income statement. However, both these account categories are included in the same main category of costs. This means that the only difference in the income statement is due to the higher cost of temporary workers. Besides this, companies´ accounting is not affected.</p>

Inledning: Den första januari 2004 trädde lag (2003:778) om skydd mot olyckor (LSO) i kraft. Till skillnad från tidigare lagstiftningar i form av brandlagen (1974:80) och räddningstjänstlagen (1986:1102) är LSO tilltänkt att verka för en bredare olyckspreventiv verksamhet som sträcker sig utöver räddningstjänstens traditionella ansvarsområden. Lagen har dock inte utvärderats under de senaste sex åren. Följaktligen ämnar denna studie att kartlägga vilken inverkan som LSO har på det olyckspreventiva arbete som idag bedrivs på lokal nivå. Metod: Studien har en mixmetodologisk ansats där sammanlagt fyra semistrukturerade intervjuer med sex informanter har utförts i Värmland. Därutöver har en enkätundersökning distribuerats till samtliga 163 räddningstjänster och räddningstjänstförbund i Sverige. Resultat: De data som samlats har totalt genererat fem olika kategorier. Synen på LSO som en räddningstjänstlag anspelar på det faktum att arbetet med LSO i mångt och mycket åligger räddningstjänsten. Det förvaltningsspecifika styrdokument förklarar att handlingsprogramet, som var tilltänkt att utgöra en kommunövergripande olyckspreventiv strategi, uteslutande reglerar räddningstjänstens verksamhet. Initierandet av en förändringsprocess kartlägger de framgångsfaktorer som förutsätts för att en framgångsrik verksamhet ska kunna bedrivas. Lagom är bäst: Oenighet kring statens roll påtalar behovet av detaljstyrning och tillsynsarbete. Avslutningsvis beskriver Med facit i hand: Saker och ting tar tid att arbetet med lagstiftningar är en tidskrävande process som måste bedrivas långsiktigt. Slutsats: Sammantaget visar resultatet att det praktiska utfallet av LSO är att betrakta som en räddningstjänstlag snarare än en kommunövergripande olycksskyddlagstiftning. Det påtalas därigenom att LSO är uddlös när det kommer till att initiera ett olycksförebyggande arbete som sträcker sig utanför räddningstjänstens traditionella verksamhetsuppdrag. Det antyds dock att svårigheterna att följa den initiala visionen inte enbart kan härledas till lagstiftningens utformning, utan även till kommuners bristande medvetenhet för det lokala olyckspanoramat. / Introduction: On January 1st 2004, Sweden’s contemporary Civil Protection Act (LSO), was put in place. Unlike its precursors, "brandlagen (1974:80) and räddningstjänstlagen (1986:1102)", LSO serves to institute and facilitate accident preventative measures beyond the traditional work carried out by municipal rescue services. However, the legislation has not been evaluated over the past six years. Consequently the aim of this study is to assess the impact that LSO has on the accident preventive activities currently carried out at the municipal level. Methods: The study has a mixed methodological approach where four semi structured interviews have been conducted with a total of six informants in Värmland, Sweden. A questionnaire was also distributed to all 163 rescue services in Sweden. Results: A total of five categories emerged from the data analysis process. "Synen på LSO som en räddningstjänstlag" addresses the fact that most of the work done in compliance with LSO is solely carried out by local rescue services. "Det förvaltningsspecifika styrdokumentet" pinpoints that the action plan required by LSO only regulates the work of rescue services, despite its vision of guiding all relevant municipal sectors. Moreover, "Initierandet av en förändringsprocess" maps the factors that are critical to successfully carrying out accident prevention measures at the local level. "Lagom är bäst: Oenighet kring statens roll" underlines the need for micromanagement and regulatory work. Finally, "Med facit I hand: Saker och ting tar tid" describes that the institutionalization of legislation is a time consuming process that needs to be approached as such. Conclusions: Overall, the results demonstrate that LSO is to be regarded as a legislation that specifically regulates the rescue services, rather than municipalities as a whole. Hence, the study suggests that LSO is futile in terms of initiating accident prevention measures beyond the daily activities of the rescue services. However, the struggle of LSO to institutionalize an overarching accident prevention process cannot solely be attributed to the design of the legislation, but also to insufficient municipal risk awareness.

The current legal framework pertaining to animals does not sufficiently address the welfare of animals. The Animal Protection Act 71 of 1962 does not specifically regulate the welfare of animals contained in research laboratories. Animals utilized for experimental research purposes endure tremendous “unnecessary suffering” due to legislative inaptitude. Experimental animals suffer inherent abuses associated with experimental research because of the methods, procedures and processes relevant to the experiments. The most controversial method of experimental research is vivisection. The method of vivisection is not only invasive but also causes “unnecessary suffering” to animals. The non-inherent abuses animals suffer during confinement in a laboratory solely relates to uncontrolled and unregulated conduct of staff. Continuing the application of the current legislative framework may also be detrimental to the health and well-being of humans. Animals are specifically utilized as objects of science in research laboratories. The data obtained from research experiments conducted on animals are for the benefit of humankind rather than the animals. Scientific research concluded that not only are invasive methods of research conducted on live animals generally regarded as useless but extrapolating data from animals to humans can also be misleading, unnecessary and dangerous. False results and questionable methodologies are some of the other problems that seem to require urgent attention. Ethically, neither human nor animal should be utilized at the expense of the other and therefore it would be reasonable to recommend that legislative reform takes place. The human perception of animals in terms of the relationship we have with them is the reason why legislative inaptitude in terms of animal welfare exists. The current approach followed is the philosophy of Utilitarianism. Utilitarians believe that neither humans nor animals have rights but interests. Utilitarianism focuses on the permissibility of an act (the use of animals) by weighing the benefits of such an act to the costs suffered because of such act. If the benefits outweigh the costs suffered, the act is permissible. The application of Utilitarianism seems to be the crux of our legislative inaptitude. The human perception and view of animals must therefore be re-directed to develop a sufficient legal framework in terms of animal welfare. A solution offered is to apply an alternative interpretation to the concept of “dignity” (capabilities approach) and progressive realisation. In terms of this solution a species capabilities in terms of its value, capabilities and worth are considered. Inherent to its value, capabilities and worth, is its “dignity”. Once the alternative interpretation of “dignity” is acknowledged, the progressive realisation of its interests can be achieved. / Thesis (LLM)--North-West University, Potchefstroom Campus, 2013

The current legal framework pertaining to animals does not sufficiently address the welfare of animals. The Animal Protection Act 71 of 1962 does not specifically regulate the welfare of animals contained in research laboratories. Animals utilized for experimental research purposes endure tremendous “unnecessary suffering” due to legislative inaptitude. Experimental animals suffer inherent abuses associated with experimental research because of the methods, procedures and processes relevant to the experiments. The most controversial method of experimental research is vivisection. The method of vivisection is not only invasive but also causes “unnecessary suffering” to animals. The non-inherent abuses animals suffer during confinement in a laboratory solely relates to uncontrolled and unregulated conduct of staff. Continuing the application of the current legislative framework may also be detrimental to the health and well-being of humans. Animals are specifically utilized as objects of science in research laboratories. The data obtained from research experiments conducted on animals are for the benefit of humankind rather than the animals. Scientific research concluded that not only are invasive methods of research conducted on live animals generally regarded as useless but extrapolating data from animals to humans can also be misleading, unnecessary and dangerous. False results and questionable methodologies are some of the other problems that seem to require urgent attention. Ethically, neither human nor animal should be utilized at the expense of the other and therefore it would be reasonable to recommend that legislative reform takes place. The human perception of animals in terms of the relationship we have with them is the reason why legislative inaptitude in terms of animal welfare exists. The current approach followed is the philosophy of Utilitarianism. Utilitarians believe that neither humans nor animals have rights but interests. Utilitarianism focuses on the permissibility of an act (the use of animals) by weighing the benefits of such an act to the costs suffered because of such act. If the benefits outweigh the costs suffered, the act is permissible. The application of Utilitarianism seems to be the crux of our legislative inaptitude. The human perception and view of animals must therefore be re-directed to develop a sufficient legal framework in terms of animal welfare. A solution offered is to apply an alternative interpretation to the concept of “dignity” (capabilities approach) and progressive realisation. In terms of this solution a species capabilities in terms of its value, capabilities and worth are considered. Inherent to its value, capabilities and worth, is its “dignity”. Once the alternative interpretation of “dignity” is acknowledged, the progressive realisation of its interests can be achieved. / Thesis (LLM)--North-West University, Potchefstroom Campus, 2013

Due to length and time constraints, this dissertation will briefly examine and provide an overview of the current method that courts have adopted in bringing a class action in Southern Africa and internationally. Specific focus will be on the Unites States of America, Australia and the Canadian province of Ontario. Challenges of bringing a class action will also be discussed, with a view of ascertaining the most appropriate or well-suited method of bringing a class action under the Consumer Protection Act 68 of 2008. The main issue that will be analysed will be the certification process. The key question to be answered is which approach or procedure, in dealing with the certification requirements under various jurisdictions, should South Africa adopt or incorporate into, class action procedure legislation? In chapter one I will introduce the concept of a class action as it is a relatively new concept found in South African consumer legislation. Different definitions of a class action will be discussed in context of particular statutes. I will define and highlight the purposes of a class action in South Africa and show why there is firstly, a need for such a procedure and secondly why there is a need for such procedure to be codified into legislation. In chapter two I will discuss certain important aspects of class actions. The purpose of this is to identify the main features of a class action. Ultimately, the purpose will be to discuss whether or not these features should be included in South African class actions. Chapter three will commence with the comparative perspective portion of this paper. The legislation adopted by the United States, will be discussed in chapter three followed by a discussion of the Ontario legislation in chapter four and the Australian legislation in chapter 5. The approaches that these jurisdictions have taken in respect of a class action procedure serve as a basis upon which a class action procedure for South Africa will be recommended. Chapter six will provide conclusions that have been drawn through analysis of the foreign jurisdictions’ class action procedures which will reflect the best and worst elements of a class action procedure. This is significant in determining what type of class action procedure would be best suited to South Africa. Chapter seven will highlight the current South African approach to class actions through an examination of case law and a Report by the South African Law Commission. This chapter will also analyse the short-comings in the South African approach through a critique of case law. In chapter eight of this paper I will propose an approach that South Africa should adopt with regard to a class action procedure that is best suited to South Africa’s social climate. Finally, I will conclude with a summation of the arguments presented in this paper in chapter nine. / Thesis (LL.M)-University of KwaZulu-Natal, Durban, 2013.

The franchising business model is an attractive option for both franchisors and franchisees. Franchisors grant the rights to use their intellectual property and business system to franchisees for a fee. Franchisees buy into the tried-and-tested business system, receive ongoing training and support and operate under an established trade mark or trade name. Fundamental characteristics of the franchise relationship include: the contractual nature thereof, the use of the franchisor‘s intellectual property by the franchisee, operating the franchise outlet according to the franchisor‘s business system, providing training and support to the franchisee, and paying for the use of the franchisor‘s intellectual property and business system. These characteristics have resulted in inherent tensions between franchisors and franchisees, which arise by virtue of, inter alia, the control exercised by the franchisor over the use of its intellectual property, franchisor opportunism, poor franchisee selection, franchisee free-riding, inadequate training and support, or the sunk investments made by the franchisee. The franchisor and franchisee generally use a franchise agreement to regulate their relationship. However, the franchise agreement itself can also lead to conflict between the parties, such as that arising from poor drafted clauses relating to territorial rights, renewal, payment, termination, restraint of trade, or confidentiality. The franchise agreement is typically drafted in the standard-form, resulting in franchisees faced with unequal bargaining power. The common law of contract is based on principles of freedom of contract and sanctity of contract and is, therefore, limited in its ability to resolve the tensions between the parties. Various models for regulating the franchising industry can be adopted, for example, self-regulation, statutory regulation, or co-regulation. Australia and Canada have adopted the statutory model by enacting franchise-specific legislation and New Zealand has followed the self-regulation model with no legislation regulating its franchising industry. South Africa did not formally regulate the franchise relationship through legislation until the enactment of its consumer protection legislation, the Consumer Protection Act 68 of 2008 (CPA), which includes a franchisee within the definition of consumer. This entails that all franchisees enjoy the protection of the CPA and all franchise agreements must comply with the provisions of the CPA. The South African economy is unique in that it is burdened by the social ills of its discriminatory past, such as high levels of unemployment, illiteracy and inequality. The country is faced with a slow growing economy with little development and promotion of entrepreneurship among small businesses. Despite the burdensome economy within which the franchising industry is required to operate, the industry‘s contribution to the Gross Domestic Product (GDP) of the country has remained stable. The South African government has identified the franchising industry as an opportunity for job creation, economic empowerment and promotion of entrepreneurship. The aim of the study is to ascertain whether the CPA is the correct legislative vehicle to regulate the franchise relationship, while enhancing the growth and development of the franchising industry. This thesis concludes that the introduction of fundamental consumer rights and rights of redress for franchisees through the provisions of the CPA has contributed to, or assisted in, the removal of the tensions inherent in the franchise relationship. In particular, the CPA has adequately addressed the lack of formal regulation of the franchise relationship through its disclosure requirements and its regulations. The thesis also proposes amendments to some of the CPA regulations, which will further enhance the disclosure requirements, and aid in curtailing the conflict caused by the terms of the franchise agreement. The thesis further proposes that the application of the CPA to franchise agreements should be limited to small, inexperienced or unsophisticated franchisees that are in need of the protection. An essential premise is that the CPA aims to protect ordinary consumers, including juristic persons, in day-to-day transactions (up to the threshold amount), to avoid suppliers taking advantage of them. Larger, more sophisticated or experienced franchisees, with stronger bargaining power and access to legal advice, do not necessarily require the protection of the CPA. The criteria relating to the size of class of micro-, very small and small enterprises, but not medium enterprises, within the different sectors or sub-sectors in terms of the National Small Enterprises Act, 102 of 1996, should be considered and used as a guide to determine whether the CPA applies to a franchise agreement. The development, growth and success of the franchising industry depends on the education of prospective franchisees wanting to adopt the franchising business model and invest in the industry. The CPA does not recognise or promote the roles of the various stakeholders (franchisors, franchisees and the government) with regard to the provision of education, training, ongoing support and assistance to prospective franchisees. This thesis proposes that mechanisms to enhance the education of prospective franchisees should be promoted, such as tandem franchising, obtaining advice undertakings from prospective franchisees before concluding franchise agreements, and increasing the role of the Consumer Commission in providing franchising education.