M.Comm. / The purpose of this study is to compare and contrast, through a literature review, the compliance of the Republic of Korea (ROK) and the Republic of South Africa to the minimum labour standards of the International Labour Standards (ILO). The minimum standards are established as the core labour standards, embodied in the eight fundamental conventions. The ROK and South Africa’s labour laws and labour practices are benchmarked against the ILO’s International Labour Standards (ILS) in order to compare these practices and to establish if these labour standards comply with the minimum standards set by the ILO. The propositions stated are: that the ROK and South African labour standards differ, that South African labour standards comply with the minimum labour standards of the ILO; and that ROK labour standards do not comply with the minimum standards of the ILO. The propositions were verified. The ILO standards are described in order to identify the minimum rules set by the core labour standards as embodied in the eight fundamental conventions. The two countries’ labour relations histories, labour laws, labour relations institutions and rule making strategies are described as part of the labour practices in these countries. The labour practices in each country are analysed and benchmarked against the ILO ILS in order to identify an inconsistency between law and practice. In South Africa, the Constitution includes all international laws when interpreting South African law. The only exceptions are when the Constitution or when an act of Parliament specifically excludes the contents of such a law. The conclusion is that South Africa complies with ILO ILS. In the ROK, the labour practices such as the right to the freedom of association and collective bargaining of non-permanent workers, as well as the exclusion of certain categories of workers are areas of concern.

Thesis (LL.M.)--University of Hong Kong, 1995. / Includes bibliographical references (leaves 142-143) Also available in print.

By-laws are considered to be one of the primary tools of local government to enable them to manage and regulate the affairs of their constituent jurisdictions. It is therefore of critical importance that bylaws are current, not in conflict with provincial and national legislation, efficient and in line with practical requirements, and empowers the local authority sufficiently to manage its own affairs. There are three major causes that require local authorities to change and update by-laws. The first major cause is the reorganisation of the pre-1994 municipal boundaries. The second is the change to a constitutional dispensation that created three distinct spheres of government with their defined areas of legislative and executive powers. The third is the new order environmental legislation and philosophy that is in line with internationally accepted principles of sustainable development and human rights, and differs from the pre- 1994 legislation. The principle of cooperative governance requires local authorities not to be in conflict with other organs of state or national and provincial legislation. The result is that many local authorities require new by-laws, including waste management by-laws. Many such projects were undertaken by local authorities, one by the City of Johannesburg as part of the iGoli 2000 project. The by-laws also have to adequately capacitate the local authority to regulate all aspects of waste management in a practical and functional manner. These practical and functional requirements must be considered and included in the waste management by-laws where relevant. A guideline should as a minimum cover the following elements: -ensuring cooperative governance, -ensuring compliance with specific requirements set by the Constitution and other legislation such as the Municipal Systems Act, -alignment of by-laws with the legal mechanisms available for service delivery, and -ensuring it provides guidance on what elements should be considered to meet the practical and functional requirements of local authorities. This dissertation provides a guideline that meets criteria set out in legislation, policies and strategies. The discussion encompasses a vast field of the law and waste management practice, and attempts to provide local authorities with an introduction and references to the most salient aspects that has to be considered when drafting and implementing waste management by-laws. / Thesis (M. Environmental Management)--North-West University, Potchefstroom Campus, 2006.

Globalization has favoured a new type of business: Multinational Enterprises (MNE). MNE distinguish themselves from national businesses in the sense that they continue to be governed, in their relationship with their employees, by the national law where they operate. This contradictory dualism is the source of great tensions and uncertainties with regard to the future of national and international labour law standards. In a first part of this thesis, we study the International Labour Organization (ILO), which is the international body competent to adopt international standards and apply them. In the second part, we examine the phenomenon of national labour laws extraterritoriality and its manifestation in some jurisdictions. Finally, we explore the justifications put forward for the extraterritorial application of national laws, in particular when these national laws incorporate "fundamental" international labour standards.

To compete effectively in the global economy, the Association of Southeast Asian Nations [hereinafter ASEAN] needs supranational legal infrastructure that facilitates international business transactions. As such, this thesis examines choice of law issues in contract and tort in Canada, Louisiana, the Second Restatement on Conflict of Laws 1969, the United Kingdom, the Rome Convention on the Law Applicable to Contractual Obligations 1980, and Singapore. Using a proposed Model Law on contract and tort choice of law in ASEAN, this thesis will demonstrate that despite differences in the existing choice of law rules, a uniform regime may nevertheless be formulated without significant compromises. On the broader level, this thesis proposes a uniform conflict of laws regime in ASEAN. Using the analogy of contract and tort choice of law, this thesis argues that divergences may be reconciled and a uniform regime forged. It is desired that this thesis will contribute towards the uniformizing of conflict of laws in ASEAN.

By-laws are considered to be one of the primary tools of local government to enable them to manage and regulate the affairs of their constituent jurisdictions. It is therefore of critical importance that bylaws are current, not in conflict with provincial and national legislation, efficient and in line with practical requirements, and empowers the local authority sufficiently to manage its own affairs. There are three major causes that require local authorities to change and update by-laws. The first major cause is the reorganisation of the pre-1994 municipal boundaries. The second is the change to a constitutional dispensation that created three distinct spheres of government with their defined areas of legislative and executive powers. The third is the new order environmental legislation and philosophy that is in line with internationally accepted principles of sustainable development and human rights, and differs from the pre- 1994 legislation. The principle of cooperative governance requires local authorities not to be in conflict with other organs of state or national and provincial legislation. The result is that many local authorities require new by-laws, including waste management by-laws. Many such projects were undertaken by local authorities, one by the City of Johannesburg as part of the iGoli 2000 project. The by-laws also have to adequately capacitate the local authority to regulate all aspects of waste management in a practical and functional manner. These practical and functional requirements must be considered and included in the waste management by-laws where relevant. A guideline should as a minimum cover the following elements: -ensuring cooperative governance, -ensuring compliance with specific requirements set by the Constitution and other legislation such as the Municipal Systems Act, -alignment of by-laws with the legal mechanisms available for service delivery, and -ensuring it provides guidance on what elements should be considered to meet the practical and functional requirements of local authorities. This dissertation provides a guideline that meets criteria set out in legislation, policies and strategies. The discussion encompasses a vast field of the law and waste management practice, and attempts to provide local authorities with an introduction and references to the most salient aspects that has to be considered when drafting and implementing waste management by-laws. / Thesis (M. Environmental Management)--North-West University, Potchefstroom Campus, 2006.

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LL.M. (Corporate Law) / Please refer to full text to view abstract.

University of Macau / Faculty of Law