The Huron Claim rare-element pegmatite is located in the Winnipeg River pegmatite district, southeastern Manitoba. The pegmatite outcrops within the Archean Bird River greenstone belt, in the western part of the English river subprovince of the Canadian Shield. The pegmatite is hosted within metagabbroic rocks of the Lamprey Falls formation, in which it forms a thin, sub-horizontal, tabular body crosscutting the foliation; it is approximately 100 m long and 45 m wide, and has a maximum thickness of 3.9 m. The pegmatite is relatively poorly zoned, with discontinuous units of aplite and graphic pegmatite (albite plus quartz) along its margins, units of medium to coarse-grained albite and blocky microcline-perthite in its interior, and a segmented quartz core. A poorly-defined and texturally variable albite "replacement" unit occurs in the central part of the pegmatite, and may partially replace the blocky microcline unit. Late, metasomatic veinlets of albite are present in the medium to coarse-grained albite unit, and a late, hydrothermal, calcium mineral assemblage occurs in some abundance throughout the pegmatite. The Huron Claim pegmatite is best classified as a fully-differentiated, partly albitized, gadolinite-type, blocky microcline-biotite pegmatite, containing significant amounts of Be, Nb>Ta, REE, U, Th, Zr>Hf and Rb. Rare-element minerals occuring within the pegmatite include beryl, columbite-tantalite, fersmite, microlite, niobian, rutile, euxenite (?), uraninite, monazite, zircon, thorite, niobian titanite, bavenite, bityite and bertrandite. The pegmatite is a member of the co-genetic Shatford Lake pegmatite group, but differs from the rest of the pegmatites in this group by its high U and Rb, low Sn and F, enrichment in LREE> (HREE+Y), extensive albite development, wide-spread metasomatic replacement of beryl and columbite-tantalite, and isolated location east of the Lac du Bonnet batholith. The pegmatite crystallized at intermediate crustal levels and is genetically linked to the Lac du Bonnet leucogranite. It probably formed by continued igneous differentiation at the quartz-feldspar minimum, coupled with separation of supercritical fluids from a volatile-oversaturated residual melt. Although it is a past producer of beryl, columbite-tantalite and feldspar, the Huron Claim pegmatite is of no commercial importance due to its small size.

The Huron Claim rare-element pegmatite is located in the Winnipeg River pegmatite district, southeastern Manitoba. The pegmatite outcrops within the Archean Bird River greenstone belt, in the western part of the English river subprovince of the Canadian Shield. The pegmatite is hosted within metagabbroic rocks of the Lamprey Falls formation, in which it forms a thin, sub-horizontal, tabular body crosscutting the foliation; it is approximately 100 m long and 45 m wide, and has a maximum thickness of 3.9 m. The pegmatite is relatively poorly zoned, with discontinuous units of aplite and graphic pegmatite (albite plus quartz) along its margins, units of medium to coarse-grained albite and blocky microcline-perthite in its interior, and a segmented quartz core. A poorly-defined and texturally variable albite "replacement" unit occurs in the central part of the pegmatite, and may partially replace the blocky microcline unit. Late, metasomatic veinlets of albite are present in the medium to coarse-grained albite unit, and a late, hydrothermal, calcium mineral assemblage occurs in some abundance throughout the pegmatite. The Huron Claim pegmatite is best classified as a fully-differentiated, partly albitized, gadolinite-type, blocky microcline-biotite pegmatite, containing significant amounts of Be, Nb>Ta, REE, U, Th, Zr>Hf and Rb. Rare-element minerals occuring within the pegmatite include beryl, columbite-tantalite, fersmite, microlite, niobian, rutile, euxenite (?), uraninite, monazite, zircon, thorite, niobian titanite, bavenite, bityite and bertrandite. The pegmatite is a member of the co-genetic Shatford Lake pegmatite group, but differs from the rest of the pegmatites in this group by its high U and Rb, low Sn and F, enrichment in LREE> (HREE+Y), extensive albite development, wide-spread metasomatic replacement of beryl and columbite-tantalite, and isolated location east of the Lac du Bonnet batholith. The pegmatite crystallized at intermediate crustal levels and is genetically linked to the Lac du Bonnet leucogranite. It probably formed by continued igneous differentiation at the quartz-feldspar minimum, coupled with separation of supercritical fluids from a volatile-oversaturated residual melt. Although it is a past producer of beryl, columbite-tantalite and feldspar, the Huron Claim pegmatite is of no commercial importance due to its small size.

Comparative advertising is widely used in the U.S and much remains to be learnt about when comparative advertising is used with the two forms of verbal claim; factual and evaluative claim. An experimental design with the 2 forms of verbal content (factual vs evaluative) and the two forms of comparative advertisements (direct vs indirect) were examined to identify the form of verbal content and comparison that would be most persuasive. In measuring the persuasiveness, attitude towards the brand and purchase intention were included as dependable variables. Results show that there was no significant difference between the two types of verbal content and the two types of comparisons which indicate that any forms of verbal content under any form of comparative advertisements is equally persuasive.

"Umbrella Clause" in investment disputes The diploma thesis deals with the topic of the so-called umbrella clause, a provision that can be often encountered in the bilateral investment treaties. The aim of the thesis is to identify and assess individual interpretation issues that are faced by the arbitration tribunals when applying this provision. The thesis is composed from two main parts, theoretical one and analytical one. Each part is further divided into two separate chapters. First chapter familiarizes a reader with the basic instruments of international investment law, the bilateral investment treaties and investment contracts. The umbrella clause issue is closely intertwined with the topic of internationalization of investment contract, which is also discussed within this chapter. The second chapter provides basic introduction to the examined legal institution. Besides determining characteristic features of the umbrella clause and basic variations of its wording, the chapter also focuses on presence of this provision in contemporary sources of international investment law. In this regard, detailed analysis of the Czech bilateral investment treaties is presented. Last but not least, the attention is paid to the historical context of the issue. The detailed analysis of the International...

In 1973 Libya claimed the Gulf of Sirte. Its claim was based on historic and vital interests and it stated that the Gulf was part of Libyan internal waters over which Libya exerts full sovereignty and that the Gulf was an historic or vital bay. The thesis analyses the Libyan historic and/or vital bay claim over the Gulf. Although the doctrine of historic and/or vital bays is not codified, it is not a new doctrine in international law. It is argued that, as an exception to the general rules on bays, the coastal State has the right, by virtue of historic and vital interests, to claim and appropriate a bay adjacent to its coast. Chapter one deals with the scope of the research including the legal significance of the claim to Libya. The chapter discusses the methodology used and reviews the 1973 Declaration and international reaction to it, including the US-Libyan incidents. The geographical and historical background of the Gulf of sirte are also reviewed. In chapter two the evolution of the concepts of bays, historic bays and waters in international law are discussed. The chapter deals with definitional issues, the evolution and codification of the law of bays, and assess the law applicable in the field of historic and/or vital bays, and the requirements of customary international law. Chapter three analyses the Libyan immemorial usage and the effective Libyan exercise of sovereignty over the Gulf of sirte. Chapter four discusses the concept of acquiescence and whether there has been international acquiescence in the Libyan claim. Chapter five deals with the concept of protest and its application to the Libyan claim. It analyses the protests made at the Libyan claim and discusses a number of the protests made by States which have made similar claims to that of Libya. The issue of re~!procity is examined prior to detailed consideration and evaluation of the protests. Chapter six discusses the vital bay theory in a theoretical context, in state practice and its implementation by the tribunals. It also analyses the Libyan vital interest9s in the Gulf of Sirte and assesses the Libyan vital bay claim. Finally, chapter seven provides an overview of the Libyan historic and vital bay claim over the Gulf of sirte in a regional framework and in the context of the changing law of the sea. Proposals are made concerning the formulation of new rules when necessary on the codification of existing rules, on State practice and emerging trends relating to historic and/or vital bays. It is recommended that special attention should be given to the legitimate and genuine interests and needs of coastal States and the proposals made by Developing States in this regard.

Memoria (licenciado en ciencias jurídicas y sociales) / Autor no autoriza el acceso a texto completo de su documento / La presente investigación tiene como objetivo principal considerar la ilegalidad y efectos negativos de las cláusulas “Claim Made” incorporadas en algunos contratos de seguro de responsabilidad civil, para lo cual y a través de doctrina nacional e internacional, jurisprudencia y pólizas depositadas en la Superintendencia de Valores y Seguros se advertirá lo atentatorio que significa su establecimiento en este tipo de seguros. Otro punto importante que pretendo analizar en esta investigación, son las diferentes discusiones doctrinales en el mundo sobre temas tales como desde cuándo se produce el daño, la acción directa del tercero perjudicado y los siniestros de cola larga. Para ello, se explicará inicialmente la institución del contrato seguro, en cuanto al concepto, características, tipos de contratos, formas de convenirlo, principios que lo inspiran, obligaciones de las partes y demás interesados, entre otros temas relacionados. Luego se tratará el contrato de seguro de responsabilidad civil en particular, su historia, concepto, características, la acción directa, el hecho dañoso, entre otras materias y se finalizará este trabajo con en análisis de las cláusulas “Claim Made”.

Warranty claims from a consumer perspective in the context of sales of goods. This thesis addresses the issue of claims under warranty by consumers, which I suppose every one of us has done at least once in our lifetime. This work is divided into four chapters and it aims to describe, in depth, the contemporary legal regulation of the provision § 19 of the Consumer Protection Act in connection with the provisions of the Civil Code, mainly its special provisions on the sale of consumer goods. The first chapter is concerned with the general definition of the regulation impacting this domain. Specifically, it introduces the consumer sales contract, its incorporation within the general regulation of sales contracts and it goes even further in referencing the EU legal regulations affecting consumer rights concerning faulty goods and certain aspects of warranty claims. In the second chapter I define the terms 'consumer', 'trader', 'goods' and 'faulty goods' in connection with the consumer purchase contract and its interpretation within the context of the Consumer Protection Act and the Civil Code. In the third chapter I define the most fundamental term of the thesis - that of a 'claim under warranty'. With respect to this term, I analyze the essentials of claiming under warranty. Specifically, they...

PhD / Access to justice is an important human right that ensures adequate redress for harm, and which consequently helps deter future wrongdoing. Without access to justice citizens are precluded from the full enjoyment of their economic and social entitlements. The cost of litigation is a significant impediment to access to justice. Although the courts have attempted to increase access to justice by broadening the range of available dispute resolution options and by improving productivity through the implementation of case flow management systems, the cost of prosecuting claims remains disproportionately high and unaffordable for most small to medium sized claimholders. Legal claim assignment to parties able to aggregate claims and to apply their expertise as litigation entrepreneurs to deal with claim prosecution efficiently is one means of redressing the imbalance between the cost of claim prosecution to individual claimholders compared to the value of their claims. However, the well-entrenched doctrines of maintenance and champerty prohibit legal claim assignment. The continued resort to the doctrines of maintenance and champerty despite a strong and independent modern judiciary reflects distaste for claim commodification. However, the advent of litigation funding and its acceptance by the High Court of Australia in Campbell’s Cash and Carry v Fostif Pty Ltd (and to some extent United Kingdom and United States courts) on access to justice grounds has challenged conventional maintenance and champerty dogma. Together with other measures such as the introduction of conditional fee agreements that shift the cost of funding access to justice from the public to the private purse, the resistance to full claim alienability has been significantly weakened. The thesis argues that full claim alienability is favoured on normative and efficiency grounds and examines developments in Australia, England and the United States, which portend toward claim commodification. In addition, the thesis examines regulatory instruments required to ensure that the present partial claim market and the potential full claim market operates fairly and efficiently. It also considers how claim commodification may affect the relationship between legal practitioners and claim holders. [Please note: For any information on access to the full text please conact the author.]

A Claim incidence study for Individual Disability Insurance was conducted for study period from 2004 through 2007. Incidence was measured by count and amount and was compared with its 2007 EVM assumption and with standard industry tables 1985 CIDA. Generally, incidence rates are higher by amount than by count. This analysis and discussion focus on the experience by amount since this measure more closely reflects the financial impact. This report is to determine which assumption will be used going forward. Results have been provided for each calendar year within the study period. Further, results by significant blocks of business, elimination period, benefit period, CIDA occupation class and geographic location have been summarized in the body of the report. Additional details are included in the Appendices. In the report, the name of the insurance company and any other revealing information are suppressed due to confidentiality and sensitivity of the nature of these data. / text

PhD / Access to justice is an important human right that ensures adequate redress for harm, and which consequently helps deter future wrongdoing. Without access to justice citizens are precluded from the full enjoyment of their economic and social entitlements. The cost of litigation is a significant impediment to access to justice. Although the courts have attempted to increase access to justice by broadening the range of available dispute resolution options and by improving productivity through the implementation of case flow management systems, the cost of prosecuting claims remains disproportionately high and unaffordable for most small to medium sized claimholders. Legal claim assignment to parties able to aggregate claims and to apply their expertise as litigation entrepreneurs to deal with claim prosecution efficiently is one means of redressing the imbalance between the cost of claim prosecution to individual claimholders compared to the value of their claims. However, the well-entrenched doctrines of maintenance and champerty prohibit legal claim assignment. The continued resort to the doctrines of maintenance and champerty despite a strong and independent modern judiciary reflects distaste for claim commodification. However, the advent of litigation funding and its acceptance by the High Court of Australia in Campbell’s Cash and Carry v Fostif Pty Ltd (and to some extent United Kingdom and United States courts) on access to justice grounds has challenged conventional maintenance and champerty dogma. Together with other measures such as the introduction of conditional fee agreements that shift the cost of funding access to justice from the public to the private purse, the resistance to full claim alienability has been significantly weakened. The thesis argues that full claim alienability is favoured on normative and efficiency grounds and examines developments in Australia, England and the United States, which portend toward claim commodification. In addition, the thesis examines regulatory instruments required to ensure that the present partial claim market and the potential full claim market operates fairly and efficiently. It also considers how claim commodification may affect the relationship between legal practitioners and claim holders. [Please note: For any information on access to the full text please conact the author.]