Thesis (M.P.A.)--University of Hong Kong, 1992.

Thesis (M.P.A.)--University of Hong Kong, 1992. / Also available in print.

Thesis (M.Soc.Sc.)--University of Hong Kong, 1986. / Also available in print.

Inaug.-Diss.--Bonn. / Lebenslauf. "Im Text angezogene Literatur": p. [5]-6.

Thesis (doctoral)--Universität Bern, 1949. / Bibliography: p. 110-117.

Thesis--New York University. / Without thesis statement. Includes bibliographical references (p. 153-161) and index.

Traditionally, the High Court of Australia has regarded the States of Australia as being "separate countries" for conflict of law purposes and has applied, in a rather formalistic manner, the English common law rules of private international law to resolve intrafederation conflict of laws problems. This paper argues that this approach to intrafederation conflict of laws is inappropriate. Instead, this paper argues that the High Court should follow the approach of the Supreme Court of Canada as exemplified by its decision in Morguard Investments Ltd v De Savoye. That is, the High Court should forsake its formalistic reasoning and instead approach intrafederation conflict of laws rules in a purposive way i.e. identify the purposes of the conflict of laws rules and ensure that the rules operate in a manner that meets these purposes. The purposes and operation of the intrafederation conflict of laws rules can only be understood in the context of the Australian federal environment. Aspects of this environment, such as a unified national legal system and a constitutional "full faith and credit" requirement, point to the conclusion that Australia is "one country and one nation." The States of Australia should be regarded as partners in federation and the conflict of laws rules that mediate the relationship between the laws of the different States should reflect this overall unity. Applying this purposive, contextual approach to the three major questions of the conflict of laws, this paper suggests the following features of an Australian intrafederation conflict of laws: 1. Unified substantive jurisdiction and broad judicial jurisdiction for Australian courts with effective transfer mechanisms to ensure litigation is heard in the most appropriate court; 2. The elimination, to the extent possible, of the "homeward trend" in choice of law rules so that uniform legal consequences will attach throughout Australia to any particular set of facts; and 3. The effective, unqualified enforcement of sister-State judgments throughout Australia. / Law, Peter A. Allard School of / Graduate

No description available.

Dispute resolution mechanisms in South Africa remain an important part of labour relations. These mechanisms provide structures whereby disputes are resolved in both the formal and informal sectors of the economy. Despite the importance of these mechanisms, the structures have to an extent failed to provide sufficient policies needed to make these mechanisms effective. Delays and high cost, for instance,still plaques labour dispute resolution in South Africa. The Labour Relations Act has limited access to dispute resolution mechanisms only to those workers in the formal sector although section 23 of the Constitution provides labour rights for everyone involved in employment relationship. In this paper, we seek to explore dispute resolution mechanisms in South Africa, with emphasis on their effectiveness in resolving dispute arising from employment relationships. This will be achieved by first looking at the historical development of dispute resolution mechanisms in the country. We shall , thereafter, proceed to analyze the current dispute resolution mechanisms in South Africa with emphasis on their existing structures, mechanisms and their effectiveness. The compliance of dispute resolution mechanisms with International Minimum Standards will further assess the effectiveness of these mechanisms in the country. However, we shall also acknowledge the fact that due to the nature of this paper, want of time and financial constraints; the depth of this paper is by no way exhaustive especially as aforementioned limitation makes it difficult for any form of empirical research. The use of extensive and available literature to strengthen our arguments will, however, guide in achieving the aims and objectives of the study. / Thesis (LLM) North-West University, Mafikeng Campus, 2012

The dissertation compares the attitudes taken by English and French lawyers towards the administration of personal law systems in early colonial Madras and Pondicherry respectively. The account focusses on civil, rather than criminal, institutions. <i>A. English Law</i> <i>Chapter I</i>. During the eighteenth century, the East India Company encouraged Indians to settle their own disputes. Paradoxically, the English Mayor's Court in Madras town found itself overwhelmed by Indian litigation, which it was ill-qualified to resolve. Outside of Madras, the Company relied on its revenue collectors to settle disputes among Indians, despite pressure from the Directors in London to establish a more formal judicial system. <i>Chapter II</i>. The tenure of Sir Thomas Strange, first Chief Justice of Madras, is examined. The chapter concludes with an assessment of English approaches to the Hindu law of adoption shortly before and after 1800, by way of an illustration of a new confident style of developing personal law systems. <i>B. French Law</i> <i>Chapter III</i>. The development of the French judicial establishment of Pondicherry is traced from 1701 to 1842. During the early stages of French rule, a wide variety of Indian disputes were deemed to be questions of police and not considered within the competence of the civil courts. Gradually, the jurisdiction of the Bureau de Police diminished, as the French became more settled. <i>Chapter IV</i>. The early sources of Franco-Hindu law are enumerated. The opinions of the Comite Consultatif de Jurisprudence Indienne, the jurisprudence of the civil courts, and the doctrinal writings of Pondicherry lawyers are evaluated. <i>C. Studies in English and French Hindu Law</i> <i>Chapter V</i>. Testaments were believed by nineteenth century English and French lawyers to be unknown to Hindus prior to the advent of Europeans. The chapter compares the development of the law of wills in Madras and Pondicherry. <i>Chapter VI</i>. Given the synthetic nature of Anglo- and Franco-Hindu laws, to what extent can Europeans be said to have shaped the law of debt to their advantage? The chapter looks at doctrine and case law in answering this question. The dissertation concludes with a brief summary of the extent to which legal tradition conditioned the development of personal laws in South India.