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The realities of royalties in South African Mineral and Petroleum Royalty BillMachaba, Thabiso Jacob 04 November 2008 (has links)
Everything about the Republic of South Africa is said to be entering exciting times and
facing new challenges. This is usually said within the context and against the backdrop
of a changing face of South African political and economic landscapes from the past
history of exclusion, deprivation, segregation and prejudice to the future of inclusion,
tolerance, equal distribution and social harmony. The economic equal distributive idea is
likened to the socio-democratic ideals of social justice, which advocates equal
distribution of wealth to all citizens of the country. The South African idea is that South
Africans are now in the new social era and the social transformation, on all fronts and
most particularly the economic front, must move with the times and reflect the times that
all its citizens find themselves in.
On the political front, the year 1994 ushered in a new face of South Africa with the first
democratic elections which, for the first time in hundreds of years, saw the inclusion and
participation of the African majority of its citizens. These changes were soon entrenched
by the adoption of the new South African Constitution, which espouses noble ideas of
respect, equality, tolerance, economic development, distribution and access to country's
wealth in a fair and equitable manner.
The Constitution forces its citizens and the government to seek to redress the past
imbalances particularly in the economic front and proactively take measures to see to
this equilibrium of South Africa's wealth. Legislature, various political fronts and various
economic fronts rallied around these principles and began talking the concept of Broad-
Based Black Economic Empowerment. This concept has one central theme, which is to
advance the economic participation of the previously (and in many respects the current)
disadvantaged individuals into the mainstream economic activities of the country. It
further aims to fast track their access to economic wealth and sharing of the fruit of
common market and to seek to even out the economic disparities in many sectors of the
society. As to how this empowerment process is being implemented and achieved, this
paper will not even begin to traverse the diverse proposals and ideas of its
implementation and realisations.
Various economic sectors produced sector-specific economic empowerment charters in
an attempt to lay the road maps on how to achieve this equilibrium of wealth distribution
into the African hands. Virtually all-economic sectors are being active in that front
including the mining sector. The Mineral and Petroleum Charter was among the first
industry-specific charter to be produced after much publicised debates as to the best
frame within which to approach and implement this concept.
After that charter has been adopted and its implementation being realised, the South
African government seeks now to introduces the Mineral and Petroleum Royalty Bill,
which aims to collect monies from the mining houses that conduct mining activities in
many areas. The move has caused many heated debates within the industry with the
government forging ahead with its proposal subject to various consultative processes,
while the business is also forging ahead with its attempts to halt this move right in its
drafting stages.
The purpose of this essay will be to look at the concept of the royalties, what they are,
why is the South African government keen to introduce this Bill, why is business against
them, why do we have them over and beyond the normal mining tax systems and the
requirements of Black Economic Empowerment programs. In doing so, the article will
also shed some light on their (royalties) nature and make necessary proposals in the
process which, it is hoped, would in the main assist government and the Department of
Minerals and Energy (DME) to implement, modify and manage royalty regime(s) in the
mining and the petroleum industries.
The essay will, to the extent that it can, rely on case law but the topic is mostly
theoretical in South Africa and very few case law authority exist to clarify and provide
thoroughly researched and considered legal analysis of the topic. The theoretical
research of this article will take the reader to various countries that are in more or less
the same boat as South Africa in terms of their relative reliance and dependence on
mining industry and mining products for economic survival and activities. Similarities also
extend to the relative sizes of these countries, similar perceptions of economic
participation or lack thereof by mining houses vis-à-vis paying taxes that are congruent
with their incomes, non-existing developmental corporate social responsibilities, no or
less royalty payments and generally prevailing negative social-environmental impact of
mines and mining houses on immediate communities within which they function and
carry on their businesses.
It is the writer's opinion that the political backgrounds of these countries, as compared
with South Africa, also have huge impact and influence on how the concept of royalties
can be understood locally. A comparative analysis of their modus operandi will be
undertaken to see if the legislative attempts by South Africa is in or out of order in
seeking to introduce royalties and whether its reasons are in or out of tune with sound
local or international economic principles. Immediate economic concerns surrounding
royalties are that royalties have the potential to attract or dismiss much needed
investments, be it direct or indirect investment. Their effect on shareholders’ dividends,
growing local mining costs/ business and their general impact on financial upkeep of
mining operations in South Africa will also be researched in this essay.
The essay will therefore assume this outline of topics, definition and origin of the
concept; international comparative analysis; the South African past mining regimes visà-
vis royalties; the current South African Royalty Bill; critics of the South African royalty
Bill; the defenders of the Bill; some proposals; way forward; and conclusion.
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An Analysis of Factors That Impact Teacher Morale Within The Learning Setting of Two Independent Public Charter SchoolsRives, Bronvia 20 May 2019 (has links)
The purpose of this study was to analyze select factors that impact teacher morale within the learning setting of two independent public charter schools by focusing on teacher autonomy, teacher evaluation, teacher resource support, teacher collegiality, and teachers’ perception of administrative leadership styles. The findings of this study will inform both local and national leaders in regards to variables that affect teacher morale; and thus, teacher shortage. Furthermore, this will provide guidance for current trending methods of teacher retention, which will improve the performance of advantage and disadvantage schools alike. Quantitative data points were the primarily source used to synthesize and compile data to identify emergent themes. The findings of this study concluded that there were moderate positive significant relationships between teacher morale and teacher evaluation; teacher morale and teacher autonomy; teacher morale and teachers’ perception of administrative leadership style within an independent public charter school setting.
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Kristen värdegrund : En studie av Kristdemokratiska samhällspartiets utbildningspolitiska ställning i frågan om konfessionella friskolor åren 1984-1994. / Christian Values : The Swedish Christian democratic party´s view on confessional charter schools 1984-1994Brunet Johansson, Albert January 2018 (has links)
This study has investigated how the Swedish Christian Democratic Party (KDS) argued for the right of private actors to operate tax-funded schools outside of the public sector – charter schools. The hypothesis of this study was that KDS were openly positive to such a reform and saw it as a chance to run state-funded confessional schools.The study examined political texts produced by the party during a ten-year period, ranging from 1984 to 1994. The study’s methodological approach was one of a qualitative textual analysis, aided by a theoretical framework adapted from Samuel Moyn’s thesis in his book Christian Human Rights.The study concluded that there is empirical support to the thesis, and that KDS were very positive to a reform of the public school system in order to enable publicly funded private schools. There is less evidence to conclude that KDS intended for these schools to be confessional, although this study proposes that there is evidence to suggest as much.
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Le rôle financier et économique de l'intendant de province d'ancien régime : l'exemple de la Nouvelle-France, 1663-1760 / The financial and economical role of the intendant of a province in the old monarchical system of government : the Nouvelle-France exemple, 1663-1760Bottius, Mathurin 18 December 2015 (has links)
C'est en février 1663, que la Compagnie de la Nouvelle-France remis à LOUIS XIV le territoire de la Nouvelle-France. Elle donnait suite à sa demande de restitution exprimée par LOUIS XIV. Pour mémoire cette restitution mettait fin à la Charte de LOUIS XIII du 29 avril 1628. Par suite, c'est par une déclaration de mars 1663 que LOUIS XIV accepta de recevoir les droits de propriété, justice et seigneur de la Nouvelle-France. Sa volonté d'administrer directement le territoire et non par Charte est exprimée dans le corps de la déclaration. C'est dans cet esprit, qu'il transférera, en tant que de besoin au Canada, des institutions du Royaume, notamment celle de l'Intendant de Justice, Police et Finances. Cette orientation ne sera pas remise en cause par son successeur LOUIS XV ce, jusqu'en 1760. La présente thèse a pour finalité de décrire ou d'exposer, ce que fut la juridiction financière et économique de l'Intendant de 1663 à 1760 / It is in february 1663 that the Nouvelle-France company hands over to LOUIS XIV the Nouvelle-France territory. This followed-up the claim to secure the return of the territories expressed by LOUIS XIV. To remenber right, this retutn of the territories put an end to the charter of LOUIS XIII dated april 29th 1628. Consequently, it is by a statement of march 1663 that LOUIS XIV agreeds to acquire the freehold, justice and lord of Nouvelle-France. His intention to directly govern the territory is clearly indicated in the body of doctrines and not in the charter. It is in state of mind thathe will trandfer for the purpose in hands to Canada institutions of the kingdom, particulary those of justice, police and finance intendants. This way of thinking will not be called inio question by his heir to the throne LOUIS XV until 1760; This actual thesis purpose is to describe or expound what was the coming within the financial and economic jurisdiction of the intendant from 1663 to 1760
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Análise prático-teórica da natureza jurídica e da formação do contrato de fretamento de navios mercantes por viagem : os impactos da insegurança jurídica no custo BrasilCosta, Francisco Campos da 28 June 2017 (has links)
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Previous issue date: 2017-06-28 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES / The maritime modal is the most used in the world for the operationalization of commerce, being responsible for the transportation of 85% of all the cargo commercialized. In Brazil, this modality corresponds to approximately 90% of cargo exports. The voyage charter party is one of the main contracts used for the export of large quantities of solid bulk, especially in regular shipping lines, known as liner, and it is the most common way of perceiving this contract in the maritime practice. The voyage charter party is not limited to transport goods in regular shipping lines, it can be used for non-regular line navigation, known as tramp, and for maritime support and heavylifts (ultra-heavy loaders ships). The Brazilian maritime doctrine always diverged on the legal nature of the voyage charter, classifying it in several ways, being usually equated as a contract of carriage of goods by sea and given the nature of carriage. The international doctrine also diverges on the subject, so the comparative analysis contributes to the solidity of the concept developed in this dissertation. The lack of consensus and incomplete analysis of this institute has legal-economic repercussions for the maritime sector, which represents a crucial point for the maintenance of the Brazilian economy. Thus, the research problem of this dissertation is: How is the legal nature of voyage charter party in Brazil juridical system classified and how does this classification legally and economically impact the Brazilian market? Thus, this dissertation aims to build a solid concept of the legal nature of voyage charter party in Brazil, demonstrating how the formation of this contract is made, with a focus on giving more legal certainty to the topic and reducing the right-cost as a significant factor of ¿custo Brasil¿, allowing greater investments in the domestic market. The applied methodology will be deductive and the sources of research will be bibliographical and documentary. / O modal marítimo é o mais utilizado no mundo para a operacionalização do
comércio, sendo responsável pelo transporte de 85% de toda a carga
comercializada. No Brasil, esse modal corresponde a aproximadamente 90% das
exportações de cargas. O contrato de fretamento de navios mercantes por viagem
é um dos principais contratos utilizados para na exportação de grandes
quantidades de graneis sólidos, especialmente na navegação de linha regular,
conhecida como liner, sendo a forma mais comum de se perceber este contrato
na prática maritimista. O contrato de fretamento por viagem não é limitado a
utilização em linha regular e ao transporte de cargas, podendo ser utilizado na
navegação de linha não regular, tramp, e para apoio marítimo e heavylift
(carregadores ultra pesados). A doutrina maritimista brasileira sempre divergiu
sobre a natureza jurídica do contrato fretamento por viagem, classificando-o de
diversas formas, sendo usualmente equiparado a contrato de transporte e sendolhe
atribuída natureza de transporte. A doutrina internacional também diverge
sobre o tema, portanto a análise comparada contribui para a solidez do conceito
desenvolvido nesta dissertação. A falta de consenso e a análise incompleta deste
instituto têm reflexos jurídico-econômicos para o setor marítimo, que representa
ponto crucial para a manutenção da economia brasileira. Destarte, o problema de
pesquisa desta dissertação é: Como é classificada a natureza jurídica do contrato
de fretamento de navios por viagem no Brasil, e, como essa classificação impacta
jurídico-economicamente o mercado brasileiro? Desta forma, esta dissertação
objetiva a construção de um conceito sólido da natureza jurídica do contrato de
fretamento por viagem no sistema jurídico Brasil, demonstrando inclusive como se
dá a formação deste contrato, com fulcro de dar mais segurança jurídica para o
tema e reduzir o direito-custo como fator significativo do custo Brasil, permitindo
maiores investimentos no mercado nacional. A metodologia aplicada será
dedutiva e as fontes de pesquisa serão a bibliográfica e a documental.
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Discrete Event System Modeling Of Demand Responsive Transportation Systems Operating In Real TimeYankov, Daniel Y 18 March 2008 (has links)
Demand responsive transportation is a variable route service of passengers or freight from specific origin(s) to destination(s) in response to the request of users. Operational planning of DRT system encompasses the methods to provide efficient service to the passengers and to the system operators. These methods cover the assignments of vehicles to transportation requests and vehicle routings under various constraints such as environmental conditions, traffic and service limitations. Advances in the information and communication technologies, such as the Internet, mobile communication devices, GIS, GPS, Intelligent Transportation Systems have led to a significantly complex and highly dynamical decision making environment. Recent approaches to DRT operational planning are based on "closed information loop" to achieve a higher level of automation, increased flexibility and efficiency.
Intelligent and effective use of the available information in such a complex decision making environment requires the application of formal modeling and control approaches, which are robust, modular and computationally efficient. In this study, DRT systems are modeled as Discrete Event Systems using Finite Automata formalism and DRT real time control is addressed using Supervisory Control Theory. Two application scenarios are considered; the first is based on air-charter service and illustrates uncontrolled system model and operational specification synthesis. The automatic synthesis of centralized and modular supervisors is demonstrated. The second scenario is a mission critical application based on emergency evacuation problem. Decentralized supervisory control architecture suitable for accommodating the real-time contingencies is presented.
Conditions for parallel computation of local supervisors are specified and the computational advantages of alternative supervisory control architectures are discussed. Discrete event system modeling and supervisory control theory are well established and powerful mathematical tools. In this dissertation, they are shown to be suitable for expressing the modeling and control requirements of complex and dynamic applications in DRT. The modeling and control approaches described herein, coupled with the mature body of research literature in Discrete Event Systems and Supervisory Control Theory, facilitate logical analysis of these complex systems and provide the necessary framework for development of intelligent decision making tools for real time operational planning and control in a broad range of DRT applications.
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The Efficacy of Charter Schools in the San Bernardino City Unified School District Meeting the Needs of Students with DisabilitiesJones, Gregory A 01 June 2014 (has links)
Abstract
The aim of charter schools is to provide equal learning opportunities for all children, particularly those with disabilities; the results, though, are mixed. Some charter school students fare better than traditional school students, while others do worse. The exception is students with disabilities, where they excel and outperform in the charter school environment. This is not the case with San Bernardino City Unified School District charter school students with disabilities. Not only do they not outperform their regular education peers, but actually regress in their academic performance.
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Silent Policy Feedback Through School ChoiceLittle-Hunt, Catherine Cecchini 01 January 2017 (has links)
Increasing numbers of Florida parents are withdrawing their children from traditional public schools in highly-rated school districts to enroll them in tuition-free, startup, charter schools. Since not all parents have equal access or are as equally motivated to elect school choice alternatives, the fiscal sustainability of the traditional public school system is at risk. Using Schattschneider's policy feedback process as a model, the purpose of this research was to gain an in depth understanding of the role policy perception plays on the decision-making process by parents. Data for this qualitative single-case study were collected through interviews with 8 charter school parents residing in a single top-performing Florida public school district. All data were inductively coded and then subjected to a thematic analysis procedure. Key findings indicated that participants elected school choice based on perceptions that diminished curricular rigor and diminished classroom safety are the direct result of the classroom compositions found in a general education classroom in a traditional public school. The participants opined that the inability of traditional public schools to adequately accommodate for the diverse abilities of students placed in general education classrooms in accordance with current policy results in higher-achieving students being disenfranchised. The social change significance is showing how parental perception of existing policy impacts school choice election, thus providing guidance to lawmakers about legislative reforms that could limit the school choice migration and secure the viability of traditional public schools for those children limited in school choice options.
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The Case against India : British propaganda in the United States, 1942Weigold, Auriol, n/a January 1997 (has links)
British propaganda, delivered in the United States against immediate self-government for India in 1942, was efficiently and effectively organised. British propaganda was not adventitious. It was deliberate. The chief protagonists were Churchill and Roosevelt. Churchill's success in retaining control of government in India depended on convincing the President that there was no viable alternative.
This the Prime Minister did in two ways. Firstly, his propaganda organization targetted pro-British groups in America with access to
Roosevelt. Secondly, it discredited Indian nationalist leadership.
Churchill's success also depended on Sir Stafford Cripps' loyalty to Whitehall and to the Government of India after his Mission in March 1942 failed to reach agreement with the Indian leaders. Cripps tailored his account of the breakdown of negotiations to fit the British propaganda line. Convincing American public opinion and, through it the President, that colonial government should remain in British hands, also depended on the right mix of censorship and press freedom in India.
Britain's need to mount a propaganda campaign in the United States indicated its dual agenda: its war-related determination to maintain and increase American aid, and its longer term aim to
retain control of its empire.
Despite strong American support for isolationism, given legal status in the 1930s Neutrality Acts, Roosevelt was Britain's supportive friend and its ally. Britain, nonetheless, felt sufficiently threatened by the anti-imperial thrust of the Lend Lease Act and
the Atlantic Charter, to develop propaganda to persuade the American public and its President that granting Indian selfgovernment in 1942 was inappropriate.
The case for a propaganda campaign was made stronger by Roosevelt's constant pressure on Britaln from mid-1941 to reach a political settlement with India. Pressure was also brought to bear by the Congress Party as the price for its war-related cooperation, by China, and by the Labour Party in Britain. Japan's success in
Singapore and Burma made strategists briefly assess that India might be the next target. Stable and cooperative government there was as much in America's interest as Britain's.
The idea that Roosevelt might intervene in India to secure a measure of self-government there constantly worried Churchill. In turn this motivated the Foreign Office, the Ministry of Information, the India Office, the Government of India and the British Embassy in Washington to develop propaganda based, firstly, on the official explanation for the failure of the Cripps Mission and, secondly. on the elements of the August 1942 Quit India resolution which could
be presented as damaging to allied war aims.
The perceived danger to Britain's India-related agenda, however, did not end with substantive threats. The volatility of the American press and the President's susceptibility to it in framing policy were more unpredictable. Britain met both threats by targetting friends with access to Roosevelt, sympathetic broadcasters and pro-British sections of the press. Each had
shown support for Britain during the Lend Lease debates.
Britain, however, could never assume that it had won the propaganda battle or that Roosevelt would not intervene polltically on nationalist India's behalf. Roosevelt continued during 1942
and beyond to let Indian leaders know of his interest in their struggle, and information received from his Mission in New Delhi and from unofficial informants in India gave him a view of events there which differed markedly from the British account. Just as nationalist India was unsure about America's intentions, so was
Britain.
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Charterbranschens undergång? : En studie om lojalitet i resebranschen?Strömberg, Maria, Gomez, Patricia January 2009 (has links)
<p><strong>Nyckelord: </strong>Charterbranschen, Lojalitet, Involvering, Interaktion, Relationsmarknadsföring, Kommunikation,</p><p><strong>Bakgrund: </strong>Kundernas förändrade efterfrågan har tillsammans med den ökade konkurrensen från Internetbaserade bolag gjort det allt svårare för traditionella charterbolag att överleva på marknaden. </p><p><strong>Problemformulering: </strong>Vilka faktorer ger kunden incitament att förbli lojala gentemot charterbolagen</p><p><strong>Syfte: </strong>Syftet är att genom en kvalitativ ansats analysera och utvärdera charterbolagens förutsättningar för att skapa lojala kunder.<strong> </strong></p><p><strong>Metod: </strong>Uppsatsen utgår från en abduktiv ansats. Författarna använder sig av en kvalitativ undersökningsmetod för att generera en djupare förståelse av det fenomen som undersöks.<strong> </strong></p><p><strong>Teorier: </strong>Uppsatsen använder sig av; Tjänstemarknadsföringstriangeln, Mervärdesteorin, Involveringsteorin,<strong> </strong>Kundlojalitet, Kanomodellen, Lojalitetsnivåer, Kundnöjdhetsskapande Interaktion, Kundlojalitetsbelöningar.</p><p><strong>Empiri: </strong>Empirin består av primärdata inhämtad via djupintervjuer med konsumenter samt representant för företaget.</p><p><strong>Resulta/Analys: </strong>Företaget anser att de utgår från ett kundperspektiv då de skapar sina kunderbjudanden samtidigt som kunderna upplever att företagets erbjudanden inte är det som efterfrågas.<strong> </strong>Företaget menar dessutom att de utgår från ett relationsbyggande perspektiv trots att de i huvudsak arbetar med engångsförsäljning.</p><p><strong>Slutsats: </strong>Företaget måste erbjuda en större flexibilitet vid bokning av en semesterresa där varje kund erbjuds en skräddarsydd lösning utifrån sina unika önskemål<strong>. </strong></p> / <p><strong>Background: </strong>The customers change in demand, together with the increased competition from Internet based companies, had made it more difficult for the traditional charter companies to survive. </p><p><strong>Problem definition: </strong>Which factors gives the customer incentive to remain loyal towards the charter companies</p><p><strong>Purpose: </strong>The purpose is to, through a qualitative approach, analyze and evaluate the charter companies’ conditions to create loyal customers. <strong> </strong></p><p><strong>Method: </strong>The essay is based on an abductive approach. The authors use a qualitative survey method to generate a deeper understanding of the investigated phenomena.<strong> </strong></p><p><strong>Theories: </strong>The essay uses; The services marketing triangle, Value theory, Involvement theory, Customer loyalty, Kanomodel, Loyalty levels, Customer satisfaction theory, Customer loyalty awards. </p><p><strong>Empiric: </strong>The empiric consists of raw data obtained through interviews with consumers and a company representative.</p><p><strong>Results/Analysis: </strong>The Company<strong> </strong>believes that they work from a customer oriented perspective as they create their customer offers, while the customers feel that the offers don’t correlates with their demands.<strong> </strong>Furthermore the company claims that they work with relationship marketing even though their main focus is one-time sell.</p><p><strong>Conclusion: </strong>The Company must offer a greater flexibility when booking a holiday trip in which every customer is offered a tailored solution based on their unique preferences. <strong> </strong></p>
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