The question asked by this thesis is when and why, as a matter of principle, should there be judicial scrutiny on the merits of administrative decisions on migration status ('migration status decisions') in the United Kingdom? It argues that this is a moral question, engaging concerns of fair treatment. The first two chapters examine the question theoretically. It is argued that access to justice is not a gift of citizenship and that migration status decision-making should be reviewable on the merits to avoid the appearance and/or occurrence of injustice in the light of the effects of migration control on individual migrants and the nature of migration status decision-making as 'very imperfect procedural justice' (save where a decision is not based on the judgment discretion of an administrator). The latter five chapters apply the normative claims to the United Kingdom constitutional context, including the relevant European regimes (European Convention on Fundamental Rights and European Union). First, as background to the argument, a history of recourse from migration status decision-making in the UK from the initial establishment of a review system in 1905 is sketched out. The history demonstrates the absence of a coherent or principled account of migration status appeals. The history is followed by a three-part critique of the current system of recourse in the UK. First rights of appeal in three case studies (deportation, offshore visitors and students) are examined. Secondly, the three standards of review available under judicial review (rationality, anxious scrutiny and proportionality) are critiqued, and thirdly, the contribution of European and international norms is considered. In general terms the thesis concludes that the current UK system of recourse is deficient in certain respects and suggests reform to the current appeals system.

Thesis submitted in fulfilment of the requirements for the degree Master of Technology: Business Administration in Entrepreneurship in the Faculty of Business Administration : Entrepreneurship at the Cape Peninsula University of Technology / Africa is estimated to have more than 66% of the world’s natural resources, it is these natural resources that are converted into products that bring about the wealth the world has. Exploitation of these abundant resources has created numerous job opportunities worldwide, yet the continent continues to reel under extreme poverty. Millions of African children die each year due to undernourishment in a continent with virgin arable land which can produce enough food to feed the world. The African continent, the world’s second largest continent in size, can be easily classified as the intensive care unit. The continent houses 1.033 billion people which is about one sixth of the world’s population. An estimated 840 million people worldwide have no food to eat, and Africa houses 223 million of this foodless population. This means that, whilst Africa gives residence to one sixth (17%) of the world population, just over one quarter (26.4%) of the world’s starving population is in the second largest continent which has two thirds (67%) of the world’s wealth in mineral resources. One third of infant deaths in Sub-Saharan Africa are caused by hunger, with 23 million school children going to school hungry. Africa needs infrastructure and institutions to help the process of development and subsequent eradication of these high levels of poverty and illiteracy on the continent. Though Africa has more arable land that can be used, 45% of African households are affected by hunger. The IMF Chief Executive Officer recommended three critical areas that will influence the economic growth and development of Africa; "Build infrastructure, build institutions, and build people." The continent must improve governance, transparency and create sound economic frameworks for growth. Today, only one in five people in Africa find work in the formal sector because of the underdevelopment and lack of industries in a continent estimated to have more than 66% of the world’s natural resources. Entrepreneurship, the panacea for the African social and economic quagmire needs to take central stage in this rich continent inhabited by chronically poor people. African academics are challenged to come to the rescue since politicians have failed the continent. If it were possible, I would lock up the academics and politicians in one room and deny them food to eat and water to drink until they found an amicable solution to the misery bedevilling the world’s richest continent. Africa is characterized by high levels of political instability emanating largely from poverty and a highly illiterate populace, in a continent with a high growth rate - this is not positive news. The political unrest in Africa is largely due to chronic adjunct poverty caused by the absence of visionary leadership, and the post-colonial Africa is merely a change of hands with maintenance of status quo. At best the leadership is known for its geocentricism and self-preservation of the old boy scouts’ mentality where they protect each other whilst the fires of poverty consume and destroy the vestiges of the little that is left of African dignity. The birth rate on the continent is 38 per every 1000 and a death rate of 14 per every 1000. Even with such a relatively small population, the continent is not able to feed itself. The unemployment levels are disturbingly high in a continent with such high birth rates. Below standard education, and continued exploitation of natural resources by external investors are part of the norms the black race has to live with. If Asian countries without mineral wealth have turned the tide of poverty, why should Africa with all the resources continue in poverty? How long will Africa continue with leaders without direction? Is it not true that ‘where there is no vision the people perish?’ The study was conducted making a comparison of two African countries (Gabon and South Africa) to try to establish the relevance of the entrepreneurship policies and programs. The research findings point out a series of policies which are not supported by other factors in relation to the ability of citizens to benefit. It concludes that there is a greater need for other programs like higher levels of education, skills training and accessibility to business funding to enable the African countries to end chronic poverty.

Among the diverse citizenry that comprise Commonwealth countries are persons affected by disabilities and who remain vulnerable and under-represented. In light of the challenges of under-representation and the stigmatisation of persons with disabilities globally, the democratic principles of the Commonwealth of Nations have been placed under scrutiny. Thus the constitutionality and fairness of governmental policies and national legislation are criticised for their degree of reflection and representation of the social and political rights of persons with disabilities. This thesis will critically analyse the national legislative and policy frameworks affecting persons with disabilities in selected Commonwealth countries. Comparisons will be made between these selected countries, namely Canada, India, Kenya and South Africa. The Commonwealth and subscription to the United Nations’ Convention on the Rights of Persons with Disabilities will serve as a standardised platform for comparisons. Comparisons of the legislative prescriptions of the respective countries will be instrumental highlighting the challenges in the representation of the rights and freedoms of persons with disabilities globally and in improving and strengthening legislative prescription affecting persons with disabilities. The varying levels of development amongst countries and the lack of appropriate infrastructure continue to be detrimental to the effective representation of persons with disabilities and the ability of national governments to develop strong and effective legislative and policy frameworks remains compromised. It is thus essential that attention is directed to the challenges facing countries so that appropriate actions and remediation can improve the vulnerabilities linked to persons with disabilities. This study adopts a theoretical and case law approach. It firstly provides a conceptual framework for disability. The conceptual framework comprises the perspectives on disability that have justified the approaches to persons with disabilities. Theories and values and the international legal framework relevant to persons with disabilities will be provided. The theories and values provide a traditional framework and play an instrumental role in guiding actions toward the effective development of public policy and prescription of legislation. The selected countries will be analysed as separate cases. The countries will be analysed individually prior to the comparative component to acknowledge the strengths, weaknesses and challenges facing each country in relation to its own structure and level of development. The findings are based on themes which emerge from the analysis of the legislation and policies affecting persons with disabilities in the selected countries. The findings are presented in a comparative format owing to the comparative nature of the study. Recommendations that flow from the comparative analysis and findings are proposed in the final chapter. The adoption of the proposed recommendations can strengthen legislative prescriptions affecting persons with disabilities both nationally and internationally and improve the representation of the rights and freedom of persons with disabilities in the global context.

This thesis reviews the underlying theoretical and normative paradigm in Canadian migration and asylum law and its effect on the refugee determination process with respect to the approximately 100 unaccompanied children who were among 599 migrants from Fujian Province, People's Republic of China who arrived in four boats off the coast of British Columbia, Canada in the Summer of 1999. Upon deconstructing Canadian migration legislation and jurisprudence, especially with respect to asylum, it is apparent that the dominant paradigm is one of liberal communitarianism/realism, rather than one based on individual, universal human rights. This communitarian/realist paradigm is reflected in and reinforced by normative distinctions between immigrants and illegal migrants, and between politically motivated, forced migrants (refugees) and economically motivated, voluntary migrants (illegal migrants). Illegal migrants, such as the Fujianese children, are de-legitimized and criminalized under Canadian migration law. Moreover, this paradigm had the effect of subsuming the children's human rights claims into an assessment of their motivations for, and the voluntariness of, their emigration, that is, into a refugee determination process based on an understanding of the children's migration that was both inherently incoherent and inconsistent with a nuanced comprehension of migration as a structural phenomenon. The author concludes with a proposal for the development of a more strongly human-rights based paradigm in Canadian migration and asylum law. / Law, Peter A. Allard School of / Graduate

Oregon and Washington state administrative agencies’ impacts on economic development within the winery industry are examined. Policy cluster development appears to impact economic development programs differently in each state. The wine industry has flourished in both states since 1970, yet Oregon with 60% of Washington's population supports 10% more wineries. Oregon winery numbers continue to grow while Washington’s seem to have leveled out. From the literature and industry interviews, three variables were selected to be tested for their industry impacts: domestic consumption (state population times wine industry per-capita consumption); market domination (estimated from interviews and proportional market share); and net government intervention, an outgrowth of policy cluster analysis (policies cannot be examined in isolation, but must consider the impacts of direct and indirect collateral state agency policies as well). Comparisons between states were made. Multiple regression analysis determined these three variables accounted for approximately 95% of the variability of numbers of Oregon and Washington commercial wineries. Different equations were derived for each state. Of the three variables, Oregon’s number of wineries appears to be more influenced by government policy than in Washington. In Washington domestic consumption has more impact on winery numbers than in Oregon. No substantial impacts of oligopoly could be determined in either state.

Since the start of the 21st century, energy security concerns and rising international energy costs have led China to pursue the development of a coal to oil industry, whereby converting a portion of the nation's abundant coal reserves into gasoline, diesel, or jet fuel, China might be able to increase its domestic oil production and generate profits. But a large-scale coal to oil industry exerts added pressure on China's domestic coal reserves and water resources, and generates significant greenhouse gas emissions. The tension between the potential benefits of coal to oil development and its associated negative externalities present a challenge for China's energy policymakers, who must balance competing demands for energy security, resource management, and equitable development. The challenge of effectively managing the development of this industry is complicated by the characteristic problems plaguing energy sector governance in China, including the absence of a powerful energy policymaking institution, the decentralized nature of the country's economic development, and the influence of large energy companies. This study examines the evolution of China's coal to oil industry and the policies shaping its development in order to better understand energy sector governance in China and the complex challenges confronting policymakers as they strive to balance an array of competing demands. It finds that weak energy institutions and powerful domestic actors indeed hinder China's ability to efficiently formulate energy policies for the coal to oil industry, while considerations about the industry's environmental and resource impacts compel a cautious approach to development. China's incremental approach to formulating a long-term plan for the development of the coal to oil industry may, in the end, yield more effective policies.

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Criminal violence is one of the most serious challenges in contemporary Latin America. While the drug economy -- which sparked much of the violence -- developed later in the 20th century, the institutions which shape contemporary vulnerability have deep historic roots. In this dissertation, I study three informal institutions: systematic corruption in the security sector, traditional governance institutions, and patriarchal norms, all of which have consequences for contemporary violence and vulnerability. In combining these essays, I aim to uncover some of the historical and social origins of contemporary variation in criminal violence and vulnerability. The first paper examines systematic corruption in the security sector. I ask: why did Mexico's strong and enduring civilian autocratic regime fail to reform a military riddled with corruption? I argue that the regime's reliance on the military for political control and repression created openings for the military to act corruptly when the center state was faced with political threats. I use an original data-set of military-landlord paramilitaries under the Cárdenas administration to show that where the regime faced greater political threat, military officials abused their power to profit from collusion with landed elites. Tracing these dynamics through to Mexico's dirty war, I find that the presence of these militaries in the 1970s is associated with higher levels of excess repression, suggesting enduring consequences of these collusive agreements for military professionalization. The second paper examines collaborative governance institutions -- created in Mexico's land reform -- as a source of variation in contemporary vulnerability to criminal violence. Each major land reform in Latin America was accompanied by the creation of collective institutions to administer redistributed land and govern beneficiary communities of land reform. However, little is known about the long term consequences of these administrative institutions. I advance a theory which argues that administrative institutions which enable the preservation of indigenous governance traditions can facilitate collective action capacity, which yields security dividends by empowering communities to respond strategically and collectively to criminal threat. I leverage insight from two months of in-depth, interview-based fieldwork in Michoacán, Mexico, combined with a difference-in-difference design to uncover the consequences of institutional variation in Mexico's land reform for vulnerability to criminal violence and criminal presence. In line with theoretical expectations, I find that land reform communities which preserve traditions of indigenous governance generate security in the context of Mexico's drug war. These findings have important implications for a vast literature which studies the relationships between violence and property rights, as well as for studies of rural security. The final paper studies the relationship between social inequality and criminal victimization, focusing on hierarchies created and upheld by patriarchal norms. I advance a theory of intersectional vulnerability to criminal violence, arguing that the same traditional structures which enable high collective action and social control of criminal violence can also lead to the preservation of stronger patriarchal norms. I suggest that these strong patriarchal norms lead to more criminal victimization of women relative to men. In patriarchal contexts, women's relative vulnerability is increased by community failure to apply social control to protect women from criminal violence, and exacerbated by women's lack of recourse due to their political exclusion. I test this theory empirically in the context of the Mexican drug war. I use an original measure of patriarchal norms drawn from household surveys on gender roles to identify empirical associations between traditional social structures and higher levels of patriarchal norms pre-drug war. Exploiting the shock of the onset of the drug war, I find that higher levels of patriarchy pre-drug war lead to substantially greater increases in women's victimization relative to men's following the onset of the war. I find strong evidence that this victimization is non-domestic, reflecting how community control of violence fails to protect women from criminal victimization, and that women are most at risk when they are politically excluded. These findings speak to how social and political inequalities shape vulnerability to criminal violence, particularly in contexts where the state fails to provide security. Together, these papers highlight the complex layering of informal institutions which shape contemporary welfare in the context of widespread criminal violence.

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