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Les implications juridiques des nanotechnologies / Legal implications of nanotechnologySoldatenko, Alexandra 17 March 2017 (has links)
Alors qu’un nombre non négligeable de produits contenant des nanomatériaux est déjà présent sur les marchés, nous manquons de recul tant en ce qui concerne les risques pour la santé et l’environnement que les bénéfices qu’ils peuvent apporter à la société sur le long terme. La présente thèse aborde la question suivante : quel régime règlementaire est en mesure de procurer le plus haut niveau de protection contre les risques avérés ou suspectés des nanotechnologies tout en soutenant simultanément la compétitivité et l'innovation ? Bien que l’Union européenne et les Etats-Unis se soient efforcés de trouver des solutions nuancées en fonction des besoins, des capacités, des enjeux inhérents à chaque secteur concerné et de leurs traditions juridiques respectives, l’on ne peut que constater l’émergence d’une réglementation des nanotechnologies à géométrie variable. / While a significant number of products containing nanomaterials is already in widespread use, we have little understanding of risks and benefits they can bring to the society in the long term. The objective of this PhD thesis is to answer the following question: which regulatory framework can ensure a high level of protection against real or suspected risks of nanotechnologies while promoting competitiveness and innovation ? Although the European Union and the United States have attempted to find nuanced solutions according to the needs, capacities and challenges, which are proper to each sector concerned and their respective legal traditions, the emerging regulatory framework for nanotechnologies is characterised by a high degree of fragmentation.
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Provision of sustainable internet access to public libraries in South AfricaLedwaba, Lesiba Stephen 08 1900 (has links)
The study set out to investigate the provision of sustainable internet access to public libraries in South Africa. The rationale of the study was to investigate how sustainable internet access can be provided to public libraries in South Africa and to determine how they have developed and are regulated. Internet access is a key driver in delivering information services to the users and a critical tool in facilitating information sharing regardless of platform and geographic location. Therefore, the level of information and communications technology (ICT) penetration in public libraries formed a critical part of the study as the provision of internet to these libraries depends on available ICTs.
The study employed a survey design and used interview tool to collect data from nine participants. Questionnaire augmented interviews as they were used to collect data from 322 respondents. The study used the probability sampling technique to collect data from the participants. The purposive sampling technique was used to select the participants for the interview, whereas the stratified probability, proportional to size, and systematic techniques were also used to select respondents in the senior categories, namely heads of public libraries. This ensured a sample size of 331 out of a population of 1 621 selected for the study. The sample size consisted of nine directors and 322 head librarians. No sampling was done on the nine heads (directors) of provincial public libraries, as the nature of this population did not warrant further dissection due to its small size.
A Microsoft Excel spreadsheet was used to analyse data. Questionnaires were analysed when they were returned and interviews were analysed when they were conducted. Written descriptions, tables and figures were used to present data in an elaborative manner. Data was also presented through frequencies and percentages.
It emerged from the study that most public libraries (97%) were connected to the internet. The findings of the study showed that most public libraries (80%) were connected to the internet through the fixed lines and that each of the nine provinces had its own internet service providers (table 5.12).
The study recommended fixed lines for internet access to be laid to all public libraries in South Africa and that a government agency be used as a dedicated internet service provider for public libraries across all the nine provinces. A further study was recommended about the application of an internet access model used by academic institutions to public libraries. / Information Science / D. Litt. et Phil. (Information Science)
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Vliv Basel III na řízení rizik v bankách / Influence of BASEL III regulation on risk management in bankingHavlíček, Radek January 2016 (has links)
The diploma thesis focuses on the regulatory framework of the BASEL III in coherence with risk management and measurement of market and credit risks. The accent is focused upon methodology of calculation and determination of the capital requirements of above mentioned risks. In the introductory part of the thesis are mentioned basic procedures regarding risk management as well as theoretical methodology and development of calculation of the capital requirements in coherence with current standard BASEL III. In the practical part of the thesis are presented capital management policies with regards to BASEL III in Deutsche Bank AG, globally presented institution and Komerční banka, a.s., operating on the Czech market. Accented are mainly the expositions of the institutions and the size of the capital required by the regulatory framework.
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Operation and regulation of copyright collective administration in Nigeria : important lessons for AfricaOla, Olukunle Rotimi 13 November 2012 (has links)
The introduction of a regulatory framework in the area of collective management of rights in Nigeria must have been intended to strengthen the creative industry. Unfortunately, it has thrown this industry and in particular the music and film industries into a battle of a regulated against a non-regulated collective administration sector for upward of twenty (20) years.
My choice of research on this topic could be attributed to the interest I developed while administering the collective administration desk at the Nigerian Copyright Commission. Serving on that desk afforded the opportunity to see the frustration of right owners who were being deprived the fruit of their labor, as the societies meant to collect and distribute royalties on their behalf were enmeshed in litigations and in the process, rarely paid any royalties to authors.
Within this context, this research seeks to explore whether there is any merit in the continued existence of the current regulatory framework for collective management in Nigeria, and what the best operational framework for collective administration in Nigeria would be.
A methodological approach entailing literature review of books, articles, journals, legislation, cases, reports of committees and interviews with experts was adopted, with critical analysis carried out on particularly the Nigerian Copyright Act, the Nigerian Copyright (collective management organisation) regulation, the South African Copyright Act, the South African Performers’ Protection Act, the South African Collecting Societies Regulation, as well as judicial decisions challenging certain provisions in the Nigerian legislation.
It is hoped that this research will spur a desire for the need for supervisory and regulatory agencies of government to seek the national interest above all others in taking and making decisions that affect the collective administration of copyright and related rights. / Mercantile law / LL.M. (Intellectual Property)
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Management of medical records in support of primary health care services of Diepsloot clinics in Gauteng Province of South AfricaNgwenya, Nakanani 11 1900 (has links)
Text in English with summaries in English, Afrikaans and Zulu / Bibliography: leaves 102-115 / The study investigated the management of medical records in the Primary Health Care services
(PHCs) of Diepsloot. The study investigated the regulatory framework, records infrastructure,
records security, records management staff skills and the filing system. A qualitative design guided
by the interpretive paradigm was used to guide the case study. Interviews, focus groups, and
observations generated data from 50 participants.
The study revealed that the regulatory instruments used to manage records lack implementation and
compliance. There was a lack of security measures, a shortage of records management
infrastructure and inconsistency in the filing system. There is a low level of skill in the records
management staff. The study recommended the implementation of a regulatory policy that will
guide and ensure effective governance of records in PHCs. Records should be secure from misuse
by unscrupulous individuals. PHC records need to be managed by experienced professionals. The
filing system should be easily accessible. / Die studie het ondersoek ingestel na die bestuur van mediese rekords in die Primêre
Gesondheidsorgdienste (PHC's) van Diepsloot. Die studie het ondersoek ingestel na die
regulatoriese raamwerk, rekord van infrastruktuur, rekord sekuriteit, vaardighede vir
rekordbestuur en die liasseerstelsel. 'n Kwalitatiewe ontwerp gelei deur die interpretatiewe
paradigma is gebruik om die gevallestudie te lei. Onderhoude, fokusgroepe en waarnemings het
gegewens van 50 deelnemers gegenereer.
Die regulatoriese instrumente wat gebruik word om rekords te bestuur, het geen implementering en
nakoming nie. Die studie het aan die lig gebring dat daar 'n gebrek aan veiligheidsmaatreëls was,
'n tekort aan infrastruktuur vir rekordbestuur en teenstrydigheid in die liasseringstelsel. Die
personeel in rekordbestuur het 'n lae vlak van vaardigheid. Die studie het die implementering van
'n regulatoriese beleid aanbeveel wat die doeltreffende bestuur van rekords in PHC's sal lei en
verseker. Rekords moet beskerm word teen misbruik deur gewetenlose individue. PHC-rekords
moet deur ervare professionele persone uitgevoer word. Die liasseerstelsel moet maklik toeganklik
wees. / Lolu cwaningo luphenywe ngokuphathwa kwamarekhodi ezokwelashwa emnyangweni
Wezokunakekelwa kwempilo okuyisisekelo (i-PHCs) eDiepsloot. Ucwaningo luphenywe ngohlaka
lokulawula, ingqalasizinda yamarekhodi, ukuphepha kwamarekhodi, amakhono okuphathwa
kwamarekhodi nohlelo lokufayila. Umklamo olungaqanjwa uqondiswa yi-paradigm yokutolika
wasetshenziselwa ukuqondisa ucwaningo lwesigameko. Izingxoxo, amaqembu okugxila kanye
nokubukwa kukhiqize idatha evela kubahlanganyeli abangu 50.
Izinsizakusebenza zokulawula ezisetshenziselwa ukuphatha amarekhodi zingenakho ukusebenza
nokuhambisana. Ucwaningo luveze ukuthi bekukhona ukuntuleka kwezindlela zokuphepha,
ukushoda kwengqalasizinda yokuphathwa kwamarekhodi kanye nokungahambelani ohlelweni
lokugcwalisa. Kunezinga eliphansi lekhono kubasebenzi bokuphathwa kwamarekhodi. Ucwaningo
lincome ukusetshenziswa kwenqubomgomo yokulawula ezohola futhi iqinisekise ukuphathwa
kwamarekhodi kuma-PHCs ngendlela efanele. Amarekhodi kufanele avikeleke ekusetshenzisweni
kabi ngabantu abangathembekile. Amarekhodi we-PHC adinga ukuqhutshwa ngochwepheshe
abanolwazi. Uhlelo lokufayila kufanele lutholakale kalula. / Information Science / M. Inf.
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Protection of petroleum resources in Africa : a comparative analysis of oil and gas laws of selected African StatesMailula, Douglas Tlogane 08 July 2014 (has links)
The resource curse is a defining feature of the African content. Despite vast resource wealth, Africa remains the poorest and most underdeveloped continent in the world. The aim of this study is to conduct a comparative analysis of the primary laws regulating of oil and gas exploration and product activities in Angola, Nigeria and South Africa in order to determine their effectiveness in protecting the continent's depleting petroleum resources. Different regulatory models apply to Angola, following the Norwegian carried-interest model, Nigeria, where a British discretionary model has been retained, an a South africa, where a unique model has been developed. The comparison is conducted by analysing and comparing these different regulatory systems in terms of legal frameworks; the legal nature of the regulatory systems; ownership of the oil and gas resources; legal nature of licenses; organisational or institutional structures; fiscal systems; local communities benefits from these proceeds of oil and gas resources; local content; state/government participation arrangements; and environmental challenges. The study evaluates the effectiveness of these regimes by examining the extent to which they recognise and enforce state ownership of he oil and gas resourcs in situ; recognise and enforce the doctrine of Permanent Sovereignty over Natural Resources (PSNR); protect the environment; how they provide for institutional capacities for the management of resources; and the protection of local communities from exploitation and abuse by recognising their rights to benefit from revenues derived from these resources. An overall assessment of the three systems reveals that there is no ideal model for oil and gas regulation in Africa. The Norwegian model might well be considered an ideal model if it was applied with care and correctly in Angola. The study hopes to gain practical importance for the proper regulationof the oil and gas industries' upstream activities in Africa and assist governments of the selected jurisdictions in their policy revisions, as some recommendations are made. / Public, Constitutional and International Law / LL. D.
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Finansiella instrument : En rättsekonomisk analys av värdepappersmarknadens grundläggande rättshandlingar / Financial instruments : A law and economics analysis of the fundamental contracts of the capital marketsLindblad, Anton January 2022 (has links)
This thesis evaluates and constructs a general, product-neutral legal concept and model of financial instruments, as opposed to the product-dependent definitions currently employed in contemporary capital markets law. Through a combination of law and economics perspectives, legal history, and comparative analysis, the study examines the various types of financial instruments currently and previously in use. The legal characteristics and features of these instruments are evaluated and compared, leading to the identification of commonalities that can be used to define a product-neutral concept. The thesis argues that such a concept is more beneficial to the function of the capital markets by removing obstacles for financial innovation while also providing a consistent way to ensure that new financial products are governed by the same regulatory framework as comparable instruments.The thesis also examines the historical evolution of financial instruments and how it has been driven by the evolution of international trade and the demand and surplus of available capital. The proposed concept is applied to current financial instruments, including equity and debt, as well as pre-modern markets, and evaluated in terms of regulation, practical use, and legal characteristics such as transferability and negotiability.The research of this thesis encountered several challenges and limitations. Firstly, the historical and comparative analysis proved difficult to carry out, due to limitation in available source material and language related restrictions, respectively. These limitations were overcome by limiting the scope and by employing contacts with law firms in the respective jurisdictions. Secondly, several key issues proved to require further research to be able to provide definitive conclusions. Such research would have been out of scope and as such, simplified explanations and models were employed. The thesis concludes with a discussion of the practical implications of the proposed concept, including its application to cryptocurrencies and similar assets, and identifies potential areas for future research.
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