South Africa has in the recent past seen employees embarking in strike action, even in sectors designated as essential services. The impact adversely affected inter alia economic growth, investor confidence, international credit ratings and the high rate of unemployment. The Labour Relations Act 66 of 1995 from its inception on 11 November 1996, and as amended, in 2002 and in 2015, has brought about some minor changes to the model aimed at regulating essential services, maintenance services and minimum services agreements. This research is aimed at investigating; whether essential services, maintenance services and minimum services agreements are designed to unjustifiably limit the right to strike or not. The Constitution1 and the Labour Relations Act, 19952 encourages parties in employment relationship to engage in collective bargaining. Mechanisms such as a no duty to bargain envisaged within the current LRA regulatory framework, appears to be undermining the significance of ensuring that parties engaged within services designated as essential and maintenance services exercise their fundamental right to strike and to bargain collectively. The Essential Services Committee when dispensing with its statutory functions may be unjustifiably limiting the right to strike for employees engaged in essential and maintenance services. Some employers may be to some degree reluctant to trigger maintenance services provisions as the LRA appears to be adopting a voluntarism principle when regulating collective bargaining, as the Act is encouraging employers to deal with the provision of maintenance services within collective agreements. An introduction of a judiciable enforceable duty to bargain collectively in services designated as essential and maintenance services may compel employers to conclude minimum services agreements. The extremely low number of services designated as maintenance services is a worrying reality and the solution is urgently required.

Includes bibliographic references. / This research develops a pro-poor prenuptial agreement as an innovative land tenure tool to secure rights in urban subsidized housing. The model tested is confined to prenuptial agreements under the Marriage Act, but is relevant to other cohabitation or marital agreements that could be used to secure social tenure arising from intimate relationships. The model aims at securing the tenure of the entire household, in particular the more vulnerable members of the household. The research focuses on urban State -subsidized housing, with an emphasis on the Western Cape, South Africa. This housing is transferred to beneficiaries by registration of individual or co-ownership at the Deeds Registry, with the title deeds public documents. While prenuptial agreements are not usually regarded as a land tenure tool, the fact that they are also public documents registered at the Deeds Office makes them pertinent. A limited dataset of recent academic writing is analysed to identify the social context of household conflict and tenure insecurity, and existing legal template clauses assessed. The prenuptial template design is predicated on current tenure approaches that regard informal practices as equally relevant for the poor's tenure security as the formal law. The template uses various strategies to manage tenure insecurity arising from the death of an owner, disputes, or threatened eviction of dependents. It also aims to ensure that diverse normative beliefs are respected, particularly African normative systems. A personal servitude is used to secure housing tenure as a real right burdening the land, making this a very secure right. In addition the template includes a succession agreement and dispute resolution mechanisms. The template model is tested on clients simulated by re-storying the facts of two seminal Constitutional Court cases and a recent case study of another researcher. Focus groups are held with housing beneficiaries and interviews with housing officials, as a preliminary test of the private and public reception of such agreements. The need for legal aid is discussed. The research makes clear that cohabitation and marital agreements can be used to secure overlapping land rights that the ownership paradigm does not currently protect.

No description available.

No description available.

Thesis--Heidelberg. / Vita. Includes bibliographical references (p. [8-12] (1st group)).

Thesis (doctoral)--Université de Lausanne. / Includes bibliographical references (p. [347]-378) and index.

No description available.

One of the most common features found within peace agreements are provisions that call for post-civil war elections. Unfortunately, recent research on post-civil war stability has consistently demonstrated that the initial elections held after civil wars significantly increases the risk for renewed fighting. While this research does highlight a danger posed by post-war elections, it focuses only on one element associated with post-civil war democracy. I argue that by implementing electoral reforms that are called for in peace agreements, post-war countries reduce the risk of renewed civil war. Implementing these peace agreement provisions increases the durability of post-war peace in two ways. First, by implementing costly electoral reforms called for in the peace agreement, the government signals a credible commitment to the peace process which reduces security dilemmas faced by opposition groups. Second, electoral reforms generate new avenues for political participation for disaffected citizens, which reduces the ability of hardliners to mobilize future armed opposition. I examine how implementing post-war electoral reforms impact the risk of renewed conflict from 1989 through 2010. Using duration models, I demonstrate that implementing these electoral reforms substantially reduces the risk of renewed conflict.

Boston University. University Professors Program Senior theses. / PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you. / 2031-01-02

Thesis (Ph.D) - [Faculty of Information and Communication Technologies], Swinburne University of Technology, 2009. / Typescript. A thesis submitted to [Faculty of Information and Communication Technologies], Swinburne University of Technology for the degree of Doctor of Philosophy. "March 2009". Bibliography: p. 136-141.