The bulk of the matrimonial property regimes operating in Botswana were inherited from the country's colonial past. Since independence there ha'> not been any realistic attempt to reform them. The thesis set out to appraisal the legal regimes governing the determination of matrimonial property on divorce to ascertain their efficacy in realising the legitimate aspiration of married couples. Comparisons were made with similar countries to determine how these have tackled problems relating to determination of matrimonial property on divorce. The study found that where there is a dispute about matrimonial property in marriages out of community, the courts have no discretion to readjust the rights of the parties. This situation adversely affect nonworking wives who spent most of their time looking after their husbands and children without being able to acquire capital assets. Recognition is not given to such domestic contribution to the welfare of the family. It was also found that the exercise of the marital power by husbands of marriages in community of property deprives wives of those marriages the right to administer the joint estate. The patriarchal nature of customary law, which governs the majority of disputes about matrimonial property, discriminates against women. Consequently, the following, inter alia, are suggested as reform measures. (a) The courts should be g1ven a wide discretionary power, circumscribed by statutory guidelines, to reallocate matrimonial property on divorce irrespective of the matrimonial property regime that governs the marriage. TI1e underlying principle should be equality of sharing but this may be departed from where the circumstances of the particular case warrant it (b) A spouse's domestic contribution towards the welfare of the family should be recognised. (c) The marital power of husbands should be abolished. (d) The provisions of the Matrimonial Causes Act should be made applicable to customary marriages. / Private Law / LL.D.

International water law has been unable to translate its principles into effective institutions for the management of shared water resources. National interest has often override any real commitment to the principles of international water law as reflected by the draft Articles of the ILC. Based on the theory of sovereignty, it emphasises a discretionary power to co-operate. However, the community of interest's theory is rather recommended as basis for co-operation. The draft Articles does not take sufficient account of the role domestic water policies, international relations and economics play in the co-operation of states. An integrated approach that considers social and economic effects within an environmental context is proposetL The political economy of water includes the potential of 'virtual water' through the importation of staple grains. A holistic approach, taking global trade in agriculture into account, is recommended. The SADC countries should also consider the potential of regional trade in 'virtual water'. / Law / LL. M. (Law)

The purpose of the Restitution of Land Rights Act 22 of 1994 is to provide for the restitution of rights in land to persons or communities dispossessed of such rights after 19 June 1913 as a result of past racially discriminatory laws or practices. The restitution of a right in land can include the restoration of a right in land. The aim of this dissertation is to investigate the requirement of feasibility in restoring land rights and in particular the role of feasibility studies and the courts’ interpretation of the feasibility requirement in restoring such rights. The methodology used includes a review of literature, legislation and policies on land restitution and an analysis of case law. The outcome of the research indicates that while actual restoration ought to take preference in all instances, it may only be granted once all the relevant circumstances and factors have been considered. In certain circumstances it may not be feasible to restore land rights. / Private Law / LL. M. (Property Law)

The purpose of this paper is to explore the impact of international investment law rules in the Economic Constitutional Law, especially those included in investment chapters of Peruvian’s Free Trade Treaties. In particular, it is expected to demonstrate the following (i) International Investment Law is part of Peruvian Legal System; (ii) provisions of these laws are mandatory and should be applied domestically; and (iii) interpretation and implementation of this legal right should be executed consistently with domestic legal system and Peruvian international obligations. This agreed Interpretation between Investment Law and Economic Constitution will have a positive effect in rationalization of public entities actions avoiding abuses and maltreatment to investors, in order to improve investment climate as a key element forachieving country’s sustainable development. / Este trabajo tiene como objeto explorar el impacto que tienen las normas del derecho internacional de las inversiones, en específico aquellas de los capítulos de inversiones de los Tratados de Libre Comercio celebrados por el Perú, en el derecho constitucional económico. En concreto, se pretende demostrar lo siguiente: (i) el derecho internacional de las inversiones es parte del Ordenamiento Jurídico del Perú; (ii) las disposiciones de este derecho son obligatorias y deben aplicarse a nivel interno, y (iii) este derecho debe interpretarse e implementarse de manera coherente con el resto del ordenamiento interno y con las obligaciones internacionales del Perú. Esta interpretación concordada del derecho de inversiones y la Constitución económica tendrá un impacto positivo en la racionalización de la actuaciónde los órganos estatales, evitando arbitrariedades cuando sus medidas puedan afectar a un inversionista. De esta manera mejorará el clima de inversiones, el cual es un elemento necesario para lograr el desarrollo sostenible del país.

La constitution d’une fiducie-trust a comme effet la création d’une universalité juridique, le patrimoine fiduciaire-trust fund. De cette universalité, les bénéficiaires-cestuis que trusts tirent les avantages que le constituant-settlor a prévu pour eux ; ainsi pour qu’ils puissent obtenir leurs avantages, il faut que le patrimoine fiduciaire-trust fund soit en bon état. D’où l’importance d’avoir des moyens adéquates qui protègent le patrimoine fiduciaire-trust fund. Dans le cas contraire, les possibilités que le but d’une fiducie-trust déterminée soit réalisé se réduisent, et l'efficacité de l'ensemble de l'institution est remise en question. La protection du patrimoine fiduciaire-trust fund commence par des moyens qui évitent à cette universalité d’être endommagée. Puisque toute action, comme toute inaction du fiduciaire-trustee, peut avoir des effets négatifs sur le patrimoine fiduciaire-trust fund, il faut empêcher qu’il endommage cette universalité. A l’égard du fiduciaire-trustee, le patrimoine fiduciaire-trust fund encourt deux dangers : non seulement que le fiduciaire-trustee agisse dans un intérêt autre que celui des cestuis que trusts, mais aussi qu’il soit négligent dans l’exécution de ses obligations. Pour faire face à ces dangers, et empêcher que le patrimoine fiduciaire-trust fund soit endommagé par le fiduciaire-trustee, deux obligations lui sont imposées : le devoir de loyauté-duty of loyalty et le devoir de diligence-duty of care. D’autre part, si le patrimoine fiduciaire-trust fund peut être endommagé par le fiduciaire-trustee, il peut aussi être endommagé par des tiers. La protection à l’égard des tiers commence en faisant du fiduciaire-trustee le titulaire des droits mis en fiducie-trust (s’il s’agit d’une propriété, il sera propriétaire ; s’il s’agit d’une créance, il sera créancier) ; elle se poursuit en rendant les biens fiduciés, et donc le patrimoine fiduciaire-trust fund, indépendants du patrimoine du fiduciaire-trustee.Bien qu’il existe des moyens préventifs de protection du patrimoine fiduciaire-trust fund, ces moyens ne sont pas infaillibles. Ainsi, quand le patrimoine fiduciaire-trust fund est endommagé, il est nécessaire que le constituant et les bénéficiaires-cestuis que trusts disposent de recours pour faire face aux préjudices soufferts par cette universalité. Parmi les moyens curatifs de protection, on en trouve de nature personnelle : ceux dont les remèdes visent l’exécution en nature de la fiducie-trust et ceux qui visent la réparation du patrimoine fiduciaire-trust fund. Pour réparer le dommage causé au patrimoine fiduciaire-trust fund, on trouve aussi des remèdes de nature réelle. Si le droit anglais offre de vrais remèdes réels, en revanche le droit français offre de « faux » remèdes réels puisque, même si ces remèdes ne sont pas stricto sensu des remèdes réels, ils ont des effets analogues aux remèdes du droit anglais. / The constitution of a fiducie-trust has the effect of creating a patrimoine fiduciaire-trust fund. Because the beneficiaries obtain their benefits from the patrimoine fiduciaire-trust fund it has to be in a condition that permits them to obtain those benefits. Hence the importance of having adequate means to protect the patrimoine fiduciaire-trust fund. The protection of the patrimoine fiduciaire-trust fund starts by preventing it from being harmed. Since any action or any inaction of the fiduciaire-trustee can have negative effects on the patrimoine fiduciaire-trust fund, it is necessary to begin by protecting it from the fiduciaire-trustee. There are two situations which have been proven to be dangerous to the patrimoine fiduciaire-trust fund: a) when the fiduciaire-trustee acts in an interest other than that of those of the beneficiaries and b) when the fiduciaire-trustee is negligent in the performance of his obligations. To cope with these two problems and to prevent the patrimoine fiduciaire-trust fund from being damaged by the fiduciaire-trustee, two obligations are imposed upon him: a) the devoir de loyauté-duty of loyalty and b) the devoir de diligence-duty of care. If the patrimoine fiduciaire-trust fund is at risk of the actions of the fiduciaire-trustee, it is also at risk of the actions of third parties. The protection of the patrimoine fiduciaire-trust fund from third parties begin by the ownership of the fiduciaire-trustee and continues by separating the patrimoine fiduciaire-trust fund from the personal property of the fiduciaire-trustee. Because the preventive measures that protect the patrimoine fiduciaire-trust fund are not infallible, it is necessary that the constituant and the beneficiaries have access to legal remedies for when the patrimoine fiduciaire-trust fund has been damaged. Among the remedial protection are those of personal nature, including remedies for specific enforcement of the fiducie-trust and those that tend to repair the patrimoine fiduciaire-trust fund. To repair the damage caused to the patrimoine fiduciaire-trust fund there are also real remedies. If English law provides true real remedies, in contrast to French law offers "fake" real remedies because even if the nature of those remedies are not strictly real, they have similar effects to those offered by English law.

In most of the urban cities of developing countries piped water supply is intermittent and they receive water on alternate days for about few hours. The Unaccounted For Water (UFW) in these cities is very high due to aged infrastructure, poor management and operation of the system. In the cities of developing countries, supplied water is not able to meet the demand and there is huge gap between supply and demand of water. To meet the water demand people are depending on other sources of water like groundwater, rain water harvesting, waste water treatment, desalination etc. Huge quantity of groundwater is extracted without any account for the quantity of water used. The main challenge for water authorities is to meet the consumer demands at varying loading conditions. However, the present execution of decisions in the operational management of WDS is through manual control. The manual control of valve throttling and control of pump speed, reduces the efficiency and operation of WDS. In such cases, system modeling coupled with automated control can play a significant role in the appropriate execution and operation of the system. In the past few decades, there has been a major development in the field of modeling and analysing water distribution systems. Most of the people in Indian mega cities are facing water problems as they are not able to receive safe reliable drinking water. In rapidly growing cities, the water resources management has been a major concern for the Government. There is always a need to optimize the available water resources when the rate of demand constantly beats the rate of replenishments. Mathematical modeling of WDS has become an indispensible tool since the ages to model any type of WDS. Development of mathematical models of WDS is necessary to analyse the system behavior for a wide range of operating conditions. Using models, problems can be anticipated in proposed or existing systems, and solutions can be evaluated before time, money, and materials are invested in a real-world project. In the present study, we have developed a model of WDS of a typical city like Bangalore, India and analysed them for several scenarios and operating conditions. Bangalore WDS is modeled using EPANET. Before a network model is used for analysis purpose, it must be ensured that the model is predicting the behavior of the system with reasonable accuracy. The process of matching the parameters of the developed model and the field observed data is known as calibration. All WDS require calibration for effective modeling and simulation of the system. Demand and roughness are the most uncertain parameters and they are adjusted repeatedly to get the required head at nodes and flow in the pipes. The calibration parameters usually include pipe roughness, valve settings, pipe diameter and demand. Pipe roughness, valve settings and pipe diameter are associated with the flow conditions and the demands relate to the boundary conditions. For Bangalore WDS, the values of roughness coefficient and demand are available; and the values of valve settings are not available. Hence, this value is estimated during calibration process. Dynamic Inversion (DI) nonlinear controller with Proportional Integral Derivative (PID) features (DI-PID) is used for calibrating WDS for valve settings on the basis of observed flow and roughness coefficient. From the obtained results it is observed that, controllers are capable of achieving the target flow to all the GLRs with acceptable difference between the flow meter readings and the simulated flow. After calibrating any real WDS to the field observed data, it will be useful for water authorities if the consumer demands are met up to certain extent. This can be achieved by using the concept of equitable distribution of water to different consumers. In the urban cities of developing countries, often large quantities of water are supplied to only a few consumers, leading to inequitable water supply. It is a well known fact that quantity of water supplied from the source is not distributed equitably among the consumers. Aged pipelines pump failures, improper management of water resources are some of the main reasons for it. Equitable water to different consumers can be provided by operating the system in an efficient manner. Most of the urban cities receive water from the source to intermediate reservoirs and from these reservoirs water is supplied to consumers. Therefore, to achieve equitable water supply, these two supply levels have to be controlled using different concepts/ techniques. The water requirement of each of the reservoirs has to be calculated, which may depend on the number of consumers and consumer category. Each reservoir should receive its share of water to satisfy its consumer demand and also there must be provision to accommodate shortages, if any. The calibrated model of Bangalore WDS is used to achieve equitable water supply quantity to different zones of Bangalore city. The city has large undulating terrain among different zones which leads to unequal distribution of water. Dynamic Inversion (DI) nonlinear controller with Proportional Integral Derivative (PID) features (DI-PID) is used for valve throttling to achieve the target flows to different zones/reservoirs of the city at different levels. Equitable water distribution to different reservoirs, when a part of the source fails to supply water is also discussed in this thesis. From the obtained results it is observed that, controllers were responding in all the cases in different levels of targets for such a huge network. When there is change in supply pattern to achieve the equitable supply of water to different zones, the hydraulics of the WDS will change. Therefore, it is necessary to understand whether the system is able to handle these changes. The concept of reliability can be used to analyse the performance of WDS for wide range of operating conditions. Reliability analysis of a WDS for both normal and likely to occur situations will give a better quality of service to its consumers. Calculating both hydraulic and mechanical reliability is important as the chances of occurrence of both the failure scenarios are equal in a WDS. In the present study, a methodology is presented to model the nodal, system and total reliability for water supply networks by considering the hydraulic and mechanical failure scenarios. These two reliability measures together give the total reliability of the system. Analysing a real and complex WDS for the probable chances of occurrence of the failure scenarios; and then to anlyse the total reliability of the system is not reported in the literature and this analysis is carried out in the present study for Bangalore city WDS. The hydraulics of the system for all the operating conditions is analysed using EPANET. Hydraulic reliability is calculated by varying the uncertain independent parameters (demand, roughness and source water) and mechanical reliability is calculated by assuming system component failures. The system is analysed for both the reliability scenarios by considering different chances of failure that may occur in a real WDS; and hence the total reliability is calculated by making different combinations of hydraulic and mechanical failure scenarios. Sensitivity analysis for all the zones is also carried out to understand the behavior of different demand points for large fluctuation in hydraulics of the system. From the study, it is observed that, Hydraulic reliability decreases as the demand variation increases. But, as the roughness variation increases, there is no much change in the nodal or system reliability. Consumer demand or reliability of the WDS can be increased by saving the water lost in the system. This can be achieved by tracking the water parcel from the source till the consumer end, which will give an idea about the performance of different stages and zones in achieving the target flows. Huge quantity of water is lost in WDS and hence it is necessary to account for the water lost at different levels, hence the system can be managed in a better way. In most of the intermittent water supply systems demand is controlled by supply side; there is also a need to understand the demand variation at the consumer end which in turn affects the supply. Matching this varied supply-demand gap at various levels is challenging task. To get a better control of such problem, water balance (WB) equations need to be derived at various levels. When we derive these WB equations it should be emphasized that UFW is one of the major component of this equation. Given this back ground of the complex problem, for a typical city like Bangalore, an attempt is made to derive WB equations at various levels. In the present study, stage-wise and zone-wise WB is analysed for different months based on the flow meter readings. The conceptual model developed is calibrated, validated and also the performance of the model is analysed by giving a chance of error in the flow measurement. Based on all the above observations, stage-wise and zone-wise water supply weights are also calculated. From the study it is found that, there is no much loss of water in all the four stages of supply. Water loss is minimal of about 3 % till water reaches from source to GLRs. Water is transferred between the stages during some days of the month, may be due to shortage of water or due to unexpected demand. Huge quantity of water is lost in the distribution main which is of about 40 to 45% for all the moths which is analysed. This type of model will be extremely useful for water supply managers to manage their resources more efficiently and this study is discussed in detail as a part of this thesis. As mentioned above, huge quantity of groundwater is used in urban cities and the quantity of water extracted is not accounted. In the present study, zone wise and sub zone-wise piped water and ground water used in different parts of the cities is analysed with the help of available data. From the study it is observed that, the quantity of piped water supply and UFW is consistent for the time period analysed and the quantity of water withdrawn from the borewells are varying considerably depending on the yield of the borewlls in different zones. The main components of urban water supply are piped water, ground water, rainfall and runoff generated, UFW, waste water produced and other water quantities which may be minute. In future, to manage the water resources properly, integrated water management is necessary in city scale which will give an idea about the total water produced and the water utilized at the consumer end. Therefore, integrated water management concept is carried out in Hebbal region, (a small part of Bangalore) using the available data. From the analysis we noticed that, domestic water supplied to North sub zones are better when comparing to East sub zones. This type of total water balance can be studied in other parts of Bangalore, to understand the behavior of different water components and to make better decisions. The developed model, analysis and operating conditions of this study can be applied to other similar cities like Bangalore. This type of study may be useful to water authorities for better control of the resources, or in making better decisions and these types of models will act as decision support systems.

Prior to the introduction of section 37C into the Pension Funds Act. 24 of 1956, the benefit payable as a result of the death of a member would devolve in accordance with his last will and testament or the provisions of intestate succession. The advent of section 37C brought a statutory regime which expressly excludes freedom of testation and rather looks to the board of a fund to distribute the death benefit. The board may only pay the dependants of a deceased (either factual or legal) or the persons he has recorded on his nomination form. The section relies on the board to exercise its discretion in a manner which results in an equitable distribution of the death benefit notwithstanding that it does not provide any guidelines as to how this is to be achieved. Accordingly, numerous decisions are challenged by the identified beneficiaries because they are unhappy with the manner in which the board exercised its discretion. This results in complaints being lodged with the Pension Funds Adjudicator. Many such complaints should never have arisen or could have been easily solved by a proper exercise of discretion on the part of the board. The problem is that these complaints are adding to an already burdened office. Adequate training and understanding of the obligations of section 37C would probably result in fewer complaints to the Adjudicator. This dissertation examines whether the determinations which have been issued by the Adjudicator in respect of section 37C indicate a need for such training and understanding and, if they do, what possible remedies there might be to cure such a problem. Recommendations arising from this are that trustees must receive training focused on section 37C and proposed practical protocols to assist a board when exercising its duty to make an equitable distribution. / Jurisprudence / LL. M.

No description available.

No description available.

An abundance of research has been conducted about the importance of including books and literature as part of a young child's developmental process. Much of this research suggests that picture books are vital to a young child's healthy development and "are important influences that shape us by reflecting the politics and values of our society" (Fox, 1993, p. 656). This study was completed to analyze character roles and gender representation of male and female characters exclusively in children's picture books. The entire population of Caldecott Award and Honor Medal books published between 2001 and 2011 was utilized for a frequency analysis. Each Caldecott Award and Honor Medal book meeting this study's criteria was examined, read and analyzed. Books included only works of fiction and were delimited to exclude biographies, autobiographies, informational books, concept books and poetry. A total of 24 books were used in the data analysis. This research attempted to answer the following question: Are males and females equitably represented in recently published children's literature? From a content-analysis approach, within a historical perspective, this research aimed at examining if gender bias still dominates the literature, and if so, to what extent. The intellectual interest of this project is in discovering male and female presence and imagery in children's picture books.