A criação de grupos societários é, nos dias de hoje, provavelmente uma das técnicas mais utilizadas para a organização da atividade empresarial. As eficiências deles decorrentes, muitas vezes, não podem ser alcançadas pelo emprego de outras formas societárias. Dentre as possíveis alternativas para a estruturação de grupos societários, os grupos de fato são maioria no cenário econômico brasileiro. Inspirados no modelo societário alemão, estes grupos caracterizam-se pela união de sociedades em relações de controle e coligação, nos quais uma sociedade de comando exerce direção unitária sobre as demais sociedades integrantes do grupo, conferindo-lhes unidade econômica. A legislação societária brasileira, contudo, contém algumas falhas no que diz respeito à regulamentação dos grupos de sociedade. Mesmo no direito comparado, há críticas aos modelos de regulamentação existentes. No caso brasileiro, o principal elemento caracterizador dos grupos societários a direção unitária não é previsto na legislação. Além disso, a sistemática da lei é deficiente ao definir mecanismos de proteção aos interesses de acionistas minoritários e credores. Em vista disso, a jurisprudência tem empregado a desconsideração da personalidade jurídica das sociedades integradas em grupos para tutelar estes interesses. Em que pese a válida tentativa da jurisprudência de evitar que a ausência de um regramento adequado, para os grupos societários, prejudique interesses de credores e acionistas minoritários, a utilização da técnica da desconsideração para tanto não observa os princípios determinados para a sua aplicação e gera grande insegurança jurídica. Esta é a análise proposta neste trabalho. / The creation of corporate groups is, nowadays, probably one of the most used techniques for organizing the enterprise. Efficiencies resulting from them very often cannot be reached by using other corporate forms. Among the possible alternatives for structuring groups of companies, de facto groups are the majority in Brazilian economic scenario. Inspired in the German corporate model, these groups are characterized by the union of companies in control and affiliation relations, where a parent company exercises unitary direction over the other companies integrating the group, granting them economic unit. Brazilian corporations law, however, has some flaws as regards the rules applicable to corporate groups. Even in comparative law, there is criticism to the existing regulating models. In Brazil, the main element that characterizes the group of companies the unitary direction is not set forth in law. Besides that, the laws systematic is deficient in defining mechanisms for the protection of the interests of minority shareholders and creditors. In view of that, courts have been using disregard of the legal entity of companies integrated in corporate groups to protect such interests. Despite of the valid attempt of the courts to avoid that the lack of proper rules for groups of companies jeopardize interests of creditors and minority shareholders, the use of the disregard technique for this purpose does not observe the principles for its use and results in great legal insecurity. This is the analysis proposed herein.

La Comunidad Nativa San Román de Satinaki – Perené – Chanchamayo – Junín carece de servicio de agua y saneamiento por lo que sus pobladores están expuestos a enfermedades de origen hídrico. Por ello el objetivo de este trabajo de investigación es determinar la caracterización física y caracterización social de la Comunidad Nativa, para la selección del sistema de agua potable y saneamiento en mejora de la calidad de vida de la población, brindando un importante aporte, en la salud y bienestar de la familia. El Método de investigación es Ex-Post-Facto, una investigación en la cual se observan situaciones ya existentes en el contexto natural en la Comunidad Nativa San Román de Satinaki, para después analizarlos. / Tesis

The dissertation examines recognition of new states, the practice historically employed to regulate membership in international society. The last fifteen years have witnessed novel or reinvigorated demands for statehood in many areas of the world. The claims of some, like those of Bosnia and Herzegovina, Eritrea, Croatia, Moldova, Georgia or East Timor, achieved recognition; those of others, like Kosovo, Krajina, Bouganville, Abkhazia, Somaliland or Chechnya, did not. However, even as most of these claims gave rise to serious conflicts, the practice has elicited little systematic scholarly reflection. Drawing upon writings of international society theorists, the dissertation looks at the criteria that have guided recognition of new states. It charts the practice from the late eighteenth century until the present. Its central finding is that state recognition has always been tied to the idea of self-determination of peoples and not, as is conventionally assumed, only since the end of the First World War. State recognition can be said to have (1) emerged as a coherent practice in response to this idea and (2) evolved chiefly as a result of the continuous necessity to come to terms with the dilemmas presented by this idea. Two versions of the idea have guided the practice - selfdetermination as a natural and as a positive right. The former, dominant from the 1820s to the 1950s, took as the standard for acknowledgment the achievement of de facto statehood by a people desiring independence. The latter, prevalent since the 1950s, took as the basis of recognition a positive right to independence in international law. The development of self-determination as a positive right, however, has not led to a disappearance of claims of statehood that stand outside of its confines. Groups that feel unhappy within the states they belong to have continued to make demands for independence irrespective of the fact that they may not have an international right to it. The study concludes by expressing doubt that contemporary international society can find a sustainable basis for recognition of new states other than de facto statehood. / Arts, Faculty of / Political Science, Department of / Graduate

abstract: De facto potable reuse (DFR) occurs when surface water sources at drinking water treatment plants (DWTPs) contain treated effluents from upstream wastewater treatment plants (WWTPs). Contaminants of emerging concerns (CECs) originate from treated effluents (e.g., unregulated disinfection by-products, pathogenic microorganisms as Cryptosporidium oocyst, Giardia cyst, and Norovirus) can be present in surface water and pose human health risks linked to CECs. Previously developed De facto Reuse Incidence in our Nations Consumable Supply (DRINCS) model predicted DFR for the national largest DWTPs that serve >10,000 people (N = 2,056 SW intakes at 1,210 DWTPs). The dissertation aims to quantify DFR at all surface water intakes for smaller DWTPs serving ≤10,000 people across the United States and develop a programmed ArcGIS tool for proximity analysis between upstream WWTPs and DWTPs. The tested hypothesis is whether DWTPs serving ≤10,000 people are more likely to be impacted by DFR than larger systems serving > 10,000 people.The original DRINCS model was expanded to include all smaller DWTPs (N = 6,045 SW intakes at 3,984 DWTPs) in the U.S. First, results for Texas predicted that two-thirds of all SW intakes were impacted by at least one WWTP upstream. The level of DFR at SW intakes in Texas ranged between 1% to 20% under average flow and exceeded 90% during mild droughts. Smaller DWTPs in Texas had a higher frequency of DFR than larger systems while < 10% of these DWTPs employed advanced technology (AT) capable of removing CECs. Second, nationally over 40% of surface water intakes at all DWTPs were impacted by DFR under average flow (2,917 of 6,826). Smaller DWTPs had a higher frequency (1,504 and 1,413, respectively) of being impacted by upstream WWTP discharges than larger DWTPs. Third, the difference in DFR levels at smaller versus larger DWTPs was statistically unclear (t-test, p = 0.274). Smaller communities could have high risks to CECs as they rely on surface water from lower-order streams impacted by DFR. Furthermore, smaller DWTPs lack more than twice as advanced unit processes as larger DWTPs with 52.1% and 23%, respectively. DFR levels for DWTPs serving > 10,000 people were statistically higher on mid-size order streams (3, 5, and 8) than those for smaller DWTPs. Finally, DWTPs serving > 10,000 people could pose risks to a population impacted by DFR > 1% as 40 times as those served by smaller DWTPs with 71 million and 1.7 million people, respectively. The total exposed population to risks of CECs served by DWTPs impacted by upstream WWTP discharges (DFR >10%) was estimated at 12.3 million people in the United States. Future studies can use DRINCS results to conduct an epidemiological risk assessment for impacted communities and identify communities that would benefit from advanced technology to remove CECs. / Dissertation/Thesis / Doctoral Dissertation Civil, Environmental and Sustainable Engineering 2020

South Africa (SA) is classified as a middle-income emerging market, with the most resource-rich economy in Sub-Saharan Africa (SAccess, 2012). Its Research and Development (R&D) journey is characterised by a history of imbalances and oppression. Since the introduction of SA’s National R&D Strategy, recorded government R&D spending has been on the rise. However, the success rate for public-funded R&D projects has neither been satisfactory nor readily exposed for all to see. Factors considered critical for project success are largely contextual and tend to differ per project and industry. There appears to be no general consensus among scholars and authors on the common factors deemed critical in influencing the success of public-funded R&D projects. In SA, such factors still remain a mystery for further exploration. This research study sought to develop a model that will assist in achieving two key objectives, namely to identify the Critical Success Factors (CSF) of public-funded R&D projects in SA, as well as to exhume possible interrelationships between the identified critical success factors. This paper argues for a systemic and structure-based holistic approach and adopts Warfield’s Interactive Management (IM) in its endeavour to identify those factors that are deemed critical in the successful implementation of public-funded R&D projects in SA. The methodology comprises three key phases: a planning phase; a workshop phase; as well as a follow-up phase. The planning phase is a foundational phase that lays the basis and a plan for the ensuing two phases. The workshop, also known as the conversation phase, could be conceptualised as a process for building patterned interactions among the participants. It is in this phase that a relationship model, in the form of a diagraph, is constructed. The follow-up phase is the last phase and involves the implementation of the results to prove validity of solutions proposed in the workshop phase. However, since this last phase falls outside the scope of this paper, it has been excluded. Through the application of the IM methodology, a total of 35 identified CSFs were reduced to 23 key to formulate the CSF relationship model using the Interpretive Structural Model (ISM). Based on the model results, the study is concluded by identifying “Product market viability” and “Executive management support” as the two primary success factors that are most significant and have the greatest leverage to influence other factors towards the successful completion of public-funded R&D projects in SA.

Philosophiae Doctor - PhD / This d~ssertation concerns the modernisation of Islam-oriented schooling in Cape Town and environs whereby Muslim Mission Primary Schools emerge as a socio-cultural compromise between community needs and State school provision policy. It proceeds from the recognition of the cultural diversity that has since the pioneering days characterised the social order of the Mother City. Two religious and cultural traditions have coexisted here in a superordinate and subordinate relationship; one developed a school system for domestication and cultural assimilation, and the other a covert instructional programme for an"alternative religious system and behaviour code. The thrust of the argument is that the Islamic community, developed on the periphery of society that excluded non-Christians, were in the main concerned with cultural transmission, first in the homes of Free Blacks during the Dutch regime, and later in the mosques that arose when religious freedom was obtained. Traditional schools for Islamic culture transmission were conducted by imams and tended to attract in large numbers the children of slaves and other non-white children causing concern among evangelists In 1863, a political understanding between the governments of Britain and Turkey resulted in Abu Bakr Effendi being assigned by the Sultan to conduct a school in Cape Town to effect some uniformity of Islamic instruction. A latent consequence of this Turkish funded school was the production of the first Afrikaans textbook on Islam, a step in the modernisation of cultural transmission. After Effendi's demise the school was discontinued. State education policy ensured that non-white children generally were educated only at State-funded Christian Mission schools. Most Muslim children received only Islamic instruction at the various madressahs (traditional schools) as a result. An increasingly rigid segregation of public schools oriented towards reproducing the superordinate-subordinate culture relationship resulted in a widening gap of literacy which was increasingly important for the economic and political dispensation. Concerned Muslims organised themselves to address the educational deficiency. The South African Moslem Association urged mOre educational opportunity but floundered before accomplishing anything noteworthy. Their importance lay in their making the Muslims more aware of the need to have a secular education in a changing social order. It was self-evident that education had to be seen in the political context: the weaker community was most likely to suffer the greatest lack of schools. Dr A. Abdurahman, foremost political figure of the first forty years of this century, took the first steps in establishing State-aided primary schools for Muslim children. Whatever success he had in this regard was entirely due to his personali ty and political acumen. In contrast to Abdurahman was the philanthropic effort of Hajee Sullaiman Shah Mohamed to build a school with an Islamic ethos. Why he failed is considered against the social historical background of the Cape Muslims and the communities' manifest needs. Politically, Abdurahman was in a better position and better equipped to address the problem. He served as manager of three Muslim primary schools, the development of which form a substantial part of this study. Abdurahman could harness the creative energies and resources of immigrant and indigenous Muslims in creating these schools. But the Cape Malay Association, disenchanted with Abdurahman's perceived partisanship, politically sought to advance Malay communal interests in the political patronage of the Afrikaner political faction in power. In terms of schooling policy they were to be disillusioned.

Philosophiae Doctor - PhD / There is confusion in literature concerning the early beginnings of sport in South Africa. Indications are that it was informal in nature and only took on organised form with the arrival of the British in 1795. Black spoLt similarly had obscure beginning, the dearth of literature in this respect being even more pronounced. There were occasional instances of Whites and Blacks playing together, but this was not a typical characteristic of early South African sport. South Africa's Black people developed their own sports teams and played mainly amongst their own race groups. This was a result of the prevailing class consciousness of the British, which excluded all except the most talented Boers from British clubs, and the incompatibility the Boer felt with the Black people. The result was development of 'racial' clubs that tended to cater exclusively for one particular group, with some sports clubs using religion as a means of demarcation. While there tended to be a racial exclusiveness about the early clubs, informal inter-racial contact was present. This tended to disappear when the belief was encouraged through legislation that the Black people were to develop as a separate nation. The introduction of an official colour bar in the Mines and Amendment Act of 1911 began the crystalisation of this idea. White sports clubs in South Africa had in some cases become founder members of international sports associations, and because these associations recognised only one organisation per country, Black sportsmen were denied access to international competition. By tho 1930s racial demarcation had fully permeated South African sport, effectively denying the Black sportsmen equal opportunity and equal facilities. Reaction by Black sportsmen led to, several non-racial spcrts organisations being Founded in South Africa. Already in 1946 a request for affiliation was made to the British Amateur Weightlifters by the Non-White South African Association, but this was turned down. This demarcation was· carried further with the election to power in 1948 of a Nationalist government which brought with it an apartheid ideology that manifested itself indirectly in sport through legislation such as the Group ·Areas Act, the Black Urban Areas Consolidation Act and the Reservation of Separate Amenities Act. In the fifties the dissatisfaction of Non-White sports organisations with sports oppression increased in intensity, and in 1958 a non-racial South African Sports Association was formed to further the interests of the non-racial sportsmen. There was considerable opposition from White sports organisations and the government. In 1963 the South African Non-Racial Olympic Committee was formed to further the Olympic aspirations of South African sportsmen. exile in London in 1965. This organisation went into self Operating from this base, it set about creating a worldwide awareness of the plight of the Non- White sportsman in South Africa, co-ordinating and organising prot~st movements against South African teams and persuading sports associations and governments not to have sporting contact with South Africa.

Text in Afrikaans, abstract in Afrikaans and English / Die regsposisie van die deelgenote tot 'n de facto huwelik word krities ondersoek met inagneming van die huidige Suid-Afrikaanse regsposisie, oorsigtelike regsvergelyking, die morele argument, en die invloed van die Grondwet van Suid-Afrika. Die verskillende vorme van de facto huwelike in sy bree interpretasie word in oenskou geneem en die volgende verbindings word bespreek: saamwoonverhoudings; inheemsregtelike huwelike; huwelike voortspruitend uit godsdienstige tradisies; en homoseksuele huwelike. Dit word gevind dat die Suid-Afrikaanse regsposisie tans baie onbevredigend is. Sekere voorstelle vir wysigings word aan die hand gedoen, en daar word gewys op die unieke kenmerke van die Suid-Afrikaanse situasie wat in ag geneem moet word in die vorming van 'n nuwe benadering. Dit word bepleit dat die regslui die uitdaging moet aangryp en met innoverende denke 'n nuwe bestel vir die Suid-Afrikaanse reg moet skep wat buigbaar en soepel is, maar terselfdertyd regsekerheid bevorder. / The legal status of the parties to a de facto marriage is investigated, taking into consideration the present South African position, legal comparison, the moral argument, and the influence of the Constitution of South Africa. The different forms of the de facto marriage in its wide interpretation are reviewed and the following relationships are discussed: cohabitation relationships; customary marriages; marriages resulting from religious traditions; and homosexual relationships. It is found that the present South African legal position is very unsatisfactory. Several suggestions for amendments are made, and the unique characteristics of the South African situation to be taken into consideration in forming a new approach, are highlighted. It is pleaded that the legal profession accept the challenge to create, with innovation, a new system for South African law which will be flexible, but, will at the same time ensure certainty in law. / Private Law / LL. M.

En 1991, suite à la fin de la deuxième guerre du Golfe, un État de facto a été établi au Kurdistan irakien. Cette mutation d’un acteur contestataire kurde en un État de facto s’est avérée un gain sans précédent pour le « mouvement nationaliste kurde ». Néanmoins, malgré son importance historique, ce gain d’autonomie ne permit pas pour autant de dépasser les divisions présentes au sein du mouvement nationaliste kurde. Ce mémoire tente ainsi de comprendre les raisons du maintien de ces divisions. L’hypothèse proposée est que la raison pour laquelle la création d’un État de facto kurde en Irak n’a pas permis de dépasser les divisions du mouvement nationaliste est que ce dernier a poursuivi un projet de construction étatique similaire aux États de facto. Pour vérifier cette hypothèse, la recherche fait le lien entre la littérature sur les États de facto, le comportement du Kurdistan irakien et les divisions du mouvement nationaliste kurde. La recherche démontre dans un premier temps que la poursuite d’un projet de construction étatique a amené le Kurdistan irakien à prioriser sa légitimation interne plutôt que l’unité du mouvement nationaliste kurde. Elle démontre dans un deuxième temps qu’afin de réaliser ce projet, le Kurdistan irakien a employé des stratégies externes qui ont nui au reste du mouvement nationaliste kurde. / In 1991, following the end of the Second Gulf War, a de facto state has been established in Iraqi Kurdistan. This transformation of a protest actor into a de facto state has been an unprecedented gain for the « Kurdish nationalist movement ». However, despite his historic importance, this gain has failed to overtake divisions within the « Kurdish nationalist movement ». This thesis attempts to identity the reasons why the divisions have not faded away. The assumption is that the reason why these divisions have not been overtaken is because Iraqi Kurdistan has pursued a state-building project similar to those of de facto states. To test this hypothesis, this research links de facto state’s literature, Iraqi Kurdistan behaviour and the divisions of the « Kurdish nationalist movement ». This thesis first demonstrate that this project has led Iraqi Kurdistan to establish other priorities that the « Kurdish nationalist movement » unity. It then shows that to realize this state-building project, Iraqi Kurdistan has used external strategies that have affected the rest of the movement.

Text in Afrikaans, abstract in Afrikaans and English / Die regsposisie van die deelgenote tot 'n de facto huwelik word krities ondersoek met inagneming van die huidige Suid-Afrikaanse regsposisie, oorsigtelike regsvergelyking, die morele argument, en die invloed van die Grondwet van Suid-Afrika. Die verskillende vorme van de facto huwelike in sy bree interpretasie word in oenskou geneem en die volgende verbindings word bespreek: saamwoonverhoudings; inheemsregtelike huwelike; huwelike voortspruitend uit godsdienstige tradisies; en homoseksuele huwelike. Dit word gevind dat die Suid-Afrikaanse regsposisie tans baie onbevredigend is. Sekere voorstelle vir wysigings word aan die hand gedoen, en daar word gewys op die unieke kenmerke van die Suid-Afrikaanse situasie wat in ag geneem moet word in die vorming van 'n nuwe benadering. Dit word bepleit dat die regslui die uitdaging moet aangryp en met innoverende denke 'n nuwe bestel vir die Suid-Afrikaanse reg moet skep wat buigbaar en soepel is, maar terselfdertyd regsekerheid bevorder. / The legal status of the parties to a de facto marriage is investigated, taking into consideration the present South African position, legal comparison, the moral argument, and the influence of the Constitution of South Africa. The different forms of the de facto marriage in its wide interpretation are reviewed and the following relationships are discussed: cohabitation relationships; customary marriages; marriages resulting from religious traditions; and homosexual relationships. It is found that the present South African legal position is very unsatisfactory. Several suggestions for amendments are made, and the unique characteristics of the South African situation to be taken into consideration in forming a new approach, are highlighted. It is pleaded that the legal profession accept the challenge to create, with innovation, a new system for South African law which will be flexible, but, will at the same time ensure certainty in law. / Private Law / LL. M.