Student Number : 8601897T - PhD Thesis - School of Law - Faculty of Commerce, Law and Management / Traditionally, company law assumes that the directors’ role is to run the company for the benefit of its shareholders alone and to maximise profits for them. It can be argued, however, that this view is too narrow and outdated; that is, company directors should have regard to the rights and interests of a broader range of corporate stakeholders. Hence, the question is whether we should change our perception of the company or corporation from one run by directors dedicated exclusively to serving the interests of shareholders to that of a corporation whose main purpose is to bring benefit not only to its owners and creditors, but also to its employees, the community and the environment. Given that reforms of directors’ duties in light of the above considerations have found their way into legislation across the globe, this thesis examines how and to what extent legal rules and policies should develop in South Africa to place directors under a positive duty to take account of the interests of bodies other than shareholders. Current South African company law does not contain clear rules regarding corporate governance issues and the duties and liabilities of directors. These matters have been left to the common law and Codes of Corporate Practice. Thus, there is no extensive statutory scheme in South Africa, which covers the duties, obligations and accountability of directors. The focus in this thesis is on the rights and interests of employees and the premise that is defended is that it is valuable to corporations to provide employees with an institutionalised voice at board level. It is argued that there is global evidence that where employees participate in the decision-making processes of the company, performance is generally enhanced. This, in turn, directly impacts upon and improves economic productivity, generating a ‘win-win’ situation. The question of the duties of company directors and managers is attracting much attention in South Africa. With rapidly developing and changing labour legislation in South Africa, it is essential to consider the extent to which the country should reassess its traditional principles of company law and corporate governance policies in order to encourage participatory roles for employees in the workplace. It is argued that if South Africa is to improve corporate productivity levels with its re-entry into international markets, management and labour must find improved ways of dealing with one another. The main purpose of this thesis, therefore, is to propose and formulate a workable corporate governance model for South Africa – one that would be advantageous to all stakeholders, especially the employees. This is achieved by comparing and contrasting international models of corporate governance and by applying the best features of each to the unique South African corporate system of values, structures and traditions. It is suggested that the current unitary board structure operating in South Africa has become outdated and does not provide employees with rights enabling them to engage in the decision-making processes of the corporation with their employees at an adequate level. In its place, a two-tier board system of corporate governance is proposed. The economic success of a company will bring about social benefits to many stakeholder constituencies. This will not happen if the company is a financial failure. The issue of obliging directors to act primarily for the benefit of shareholders alone is questioned. Corporate governance reforms were undertaken in many parts of the world in the late 1980’s and early 1990’s. This reform process questioned whether the interests of the company should be managed for the shareholders alone or for the other corporate stakeholders as well. There are many views that strongly support the idea that corporate governance should be seen as a system by which corporations are to be governed for the benefits of all stakeholders, including shareholders, employees, creditors, suppliers and the community. In this way, companies should be run as communities in partnerships with all their stakeholders. Thus, this thesis proposes that the success of a company is inextricably intertwined with a consideration of the rights and interests of its employees and other stakeholders.

Made available in DSpace on 2016-07-27T13:53:51Z (GMT). No. of bitstreams: 1 DANIELLA COUTO LOBO.pdf: 1093727 bytes, checksum: e9bcc62aab8060a771fdaaa6c5b5e21f (MD5) Previous issue date: 2007-08-30 / This study has had as proposition the investigation of the youthful condition articulated to the strategies used by the young scholarship holders from Scholarship University Program - SUP, originary from popular layers, to remain themselves in superior education, specially, in the courses of Science and Engineering Computation, from Universidade Católica de Goiás. Front to the transformations in the world of work, the new familiar compositions, school trajectories and others social and cultural practices present in the contemporaries societies it has been intended to apprehend constituent elements of dimensions related to the different ways of being young. As subsidies to the analyses studies of Bourdieu (1983; 1990; 1994; 1999; 2003; 2004), the researches developed by Foracchi (1965), Sposito (1989), Romanelli (2003), Zago (2006) had been considered - those have dedicated to know young university students, their conditions of study, work and the influence of their families in the school adaptation process-, as well as the research of Brazilian Youth Profile (2005). The young workers scholarship holders which were investigated have revealed traces that were explicited during the decor of the inquiry, one of them has consisted in the belief of that, with the ownership of the diploma, they could ascend socially, allied to the will of being well succeeded in the professional career by the domain of the technologies. As regards to the way of being young: the students have lived few moments of leisure or rest; they guided their choices based on the education received by their parents; the religion was the way to get resistance to surpass the difficulties of life, at the same time the religious space served as place of meeting with other young people; they have believed that the work, besides subsidizing part of their expenditures, symbolically, also has had the meaning of dignity and responsibility. In the way of being young college student, they have noticed, among others, the existence of fetish in the relation with the microcomputer and around the domain of knowledge in computer science area; the using of Internet as source of reading and information. In this perspective, to remain themselves in the superior education the students have dipped into strategies, identified in their own stories: the devotion to the studies; the symbolic contribution of the family; the receiving of the benefit from SUP and the work. According to the comprehension of the existing relations among youth, superior education, family, religion and work, it was concluded that youth, especially, the young worker scholarship holder, necessarily, needs to construct strategies to remain himself in the scientific field of superior education. / Este estudo teve como propósito investigar a condição juvenil articulada às estratégias utilizadas pelos jovens bolsistas do Programa Bolsa Universitária - PBU, originários de camadas populares, para manterem-se no ensino superior, em especial, nos cursos de Ciência e Engenharia da Computação, da Universidade Católica de Goiás. Pretendeu-se apreender elementos constitutivos de dimensões relacionadas aos diferentes modos de ser jovem, frente às transformações no mundo do trabalho, as novas composições familiares, as trajetórias escolares e outras práticas sociais e culturais presentes nas sociedades contemporâneas. Como subsídios às análises foram considerados estudos de Bourdieu (1983; 1990; 1994; 1999; 2003; 2004), as pesquisas desenvolvidas por Foracchi (1965), Sposito (1989), Romanelli (2003), Zago (2006) - que se dedicaram a conhecer jovens universitários, suas condições de estudo, trabalho e a influência de suas famílias no processo de escolarização -, bem como a pesquisa Perfil da Juventude Brasileira (2005). Os jovens bolsistas trabalhadores investigados revelaram traços que foram explicitados no decorrer da investigação, um deles consistiu na crença de que, de posse do título, poderiam ascender socialmente, aliada à vontade de ter sucesso na carreira profissional por meio do domínio das tecnologias. Quanto ao modo de ser jovem: os estudantes conviviam com poucos momentos de lazer ou de descanso; orientavam suas escolhas com base na formação recebida por seus pais; encontravam na religião, forças para superarem as dificuldades da vida, ao mesmo tempo em que o espaço religioso servia de local de encontro com outros jovens; acreditavam que o trabalho, além de subsidiar parte de suas despesas, simbolicamente, também significava ter dignidade e responsabilidade. No modo de ser jovem universitário, percebeu-se, entre outras, a existência do fetiche na relação com o microcomputador e em torno do domínio de conhecimentos da área da informática; o uso da internet como fonte de leitura e informação. Nesta perspectiva, para manterem-se no curso superior os estudantes lançaram mão de estratégias, identificadas nos próprios relatos: a dedicação aos estudos; a colaboração simbólica da família; o recebimento do benefício do PBU e o trabalho. Na compreensão das relações existentes entre juventude, ensino superior, família, religião e trabalho, concluiu-se que a juventude, especialmente, o jovem bolsista trabalhador, necessariamente, precisam construir estratégias para manterem-se no campo científico do ensino superior.

Submitted by JOSIANE SANTOS DE OLIVEIRA (josianeso) on 2019-01-22T14:26:14Z No. of bitstreams: 1 Daniel Möller Martinho_.pdf: 1521488 bytes, checksum: a62473e05e6f31666a01c09b11195287 (MD5) / Made available in DSpace on 2019-01-22T14:26:14Z (GMT). No. of bitstreams: 1 Daniel Möller Martinho_.pdf: 1521488 bytes, checksum: a62473e05e6f31666a01c09b11195287 (MD5) Previous issue date: 2018-10-08 / Nenhuma / O presente trabalho tem como objeto a análise do processo de recuperação judicial de empresas e avaliação da sua eficiência enquanto instrumento de superação da crise econômico financeira. Para tanto, o estudo, que se utiliza do ferramental da Análise Econômica do Direito, se fundamenta na análise qualitativa e quantitativa de 181 processos de recuperação judicial ajuizados entre 01/09/2013 e 30/06/2016 na 1ª e 2ª Vara de Falências e Recuperação Judicial do Foro Central Cível da Comarca de São Paulo. Ademais, como base empírica, busca-se identificar todos os aspectos mensuráveis dos processos estudados e analisá-los à luz das teorias econômicas aplicáveis à AED, buscando assim medir a eficiência do Processo de recuperação judicial no Brasil e os fatores que contribuem para a sua maior ou menor eficiência. Os resultados apurados indicaram que a assimetria informacional é o fator de maior impacto na eficiência do processo de recuperação judicial. / The present work aims to analyze the process of judicial reorganization of companies and evaluation of its efficiency as an instrument to overcome the economic and financial crisis. To this end, the study, which uses the method of Law and Economics, is based on the qualitative and quantitative analysis of 181 judicial reorgatization proceedings filed between 09/01/2013 and 06/30/2016 in the 1st and 2nd Bankruptcy Court of the Central Civil Forum of the Region of São Paulo. In addition, as an empirical basis, it seeks to identify all the measurable aspects of the processes studied and to analyze them in the light of the economic theories applicable to Law and Economics, in order to measure the efficiency of the judicial reorganization process in Brazil and the factors that contribute to its higher or lower efficiency. The results suggest that informational asymmetry is the factor that has the greatest impact on the efficiency of the process of judicial reorganization.

This dissertation consists of two empirical essays. The first chapter titled: “Hedge Fund Activism and Dual Ownership of U.S. Multinationals”. Harford, Wang & Zhang (2017) conclude that holding high cash balances abroad to avoid US taxes causes internal capital markets and investments distortions. We posit that hedge funds target MNCs with more severe internal capital and agency problems. We demonstrate that upon acquiring dual ownership in these firms, hedge funds reduce internal capital problems and improve investment, especially innovation, efficiencies. To further reduce agency costs of foreign cash holdings, hedge funds engage dual firms in focused acquisitions. These improvements are reflected in superior performances of dual firms relative to non-dual firms. Chapter 2 titled as “Innovation Strategies & IPO Underpricing”. In this chapter, we investigate how a firms’ choice of pre-IPO innovation strategies affect IPO pricing. We differentiate the orientation of the issuing firm’s innovation portfolio in terms of exploitative orientation versus explorative orientation based on citations of patents across technology classes. We introduce a measure of innovation power to generate breakthrough innovations. We show that the issuing firms with greater innovation power, especially firms with exploratory orientation of a patent, significantly decrease underpricing and have the power to bargain a higher offer price. Our results suggest that a higher exploration strategy requires more time to negotiate a higher offer price while more valuable innovation requires less time to bargain at the higher offer price.

Sowohl aus juristischem als auch moralischem Blickwinkel sind Menschenrechte ein unerlässliches Element der aktuellen normativen Realität. Im Bereich der moralischen Philosophie gibt es die deutliche Tendenz, Menschen als Individuen für die einzigen Träger von Menschenrechten zu halten. Die Erfahrung zeigt uns dennoch, dass das Menschenleben sich in das Kollektive widerspiegelt und dass es Kollektive wie Staaten, indigene Völker usw. gibt, deren Existenz lebenswichtig für ihre Mitglieder ist. In Anbetracht der Wichtigkeit bestimmter Kollektive im Menschenleben befasst sich diese Arbeit mit der Frage, wie es möglich ist, kollektive Menschenrechte moralisch zu begründen. Die Arbeit besteht aus drei Teilen, die begrifflich miteinander zusammenhängen. Der erste Teil konzentriert sich auf die Festlegung eines Begriffs von Menschenrechten und die Hauptthese ist, dass Menschenrechte als moralische Rechte, als nicht-juristische Rechte vor allem verstanden werden sollten. Der zweite Teil legt die wichtigsten Argumente gegen die Idee kollektiver Menschenrechte dar und es wird ebenfalls erklärt, warum diese Argumente unzulänglich sind. Es handelt sich denn um eine indirekte Argumentation für kollektive Menschenrechte. Der dritte Teil bringt Argumente vor, die die Idee kollektiver Menschenrechte direkt unterstützen. In diesem Sinne wird hier eine direkte Argumentation für diese Rechte vorgelegt.

Globalization and innovation are revolutionizing the higher education forcing to create new market trends.Different nations have their own pattern and framework of education in delivering the educational services.Educational institutions are also seeking different organizational and behavioural changes for their better future as they hunt for new financial resources, face new competition and seek greater prestige domestically and internationally. The coming future will decide which universities would survive the market trends, competition and expectations of the students (Clients). The survival-of-the-fittest paradigm framework plays a prominent role in ideas of how the higher education would be delivered to the students in future with the Instruction Technology and distance education. According to us the education trend has changed its phase of delivery of services form the management point of view to student’s point of view.Leading to delivery of educational service’s which would have more impact on student’s education, knowledge and experience within the institution. In our thesis we try to provide some information about how to support and manage the information in Virtual Organizations. We also explore the frameworks of the university and discussed a case study about the different ways of providing better support for information management resulting in delivery of best students driven services and unique facilities. We would be looking at the different aspects of the university work flows and procedures and gain an insight on the student’s expectation from the organization. This investigation would be helpful for the students to know what are the services they should expect from the universities and also helpful for management to know better the needs of the students and their needs and to develop a framework for proper execution of these services. / In an educational environment students should be the first priority. Trusting students is we feel the most important aspect of an educational institution also providing the best possible support to students.after being through the total framework of an organization and different Non- Functional requirements, we conclude that the primary task for better information management and service delivery in any organization is to get the better understanding of the requirements engineering. An organization should have clearly defined stakeholders who would be qualified and filled with commitment to manage their responsibilities with higher priority; also they have to take up the responsibilities for the students.So to achieve a balance among stakeholders there should be a proper negotiation and communication between the stakeholders. In order to achieve that there should be common set of defined rules (say services) through which they could correspond with each other. The stakeholder should be well equipped with the technical nature used to develop and maintain the system.In short the management is the key player in understanding and validating the system and determine whether or not the existing system/process is in control. The most powerful designs are always the result of a continuous process of simplification and refinement. The system could be validated by taking regular feedback from students by handing out a paper for evaluation at various occasions of the different courses. An online, end-of-course plus the experiences of students questions should be designed and should be made a part of students work to fill it in order to get their right perception on the system. These feedbacks could lead to proper student dialogue evaluation. Therefore, eventually controlling and smoothly managing the stakeholders and the services could provide efficient support for the information management in virtual organizations.BTH has the staffs who are concerned about student problems but there is no person responsible for the students whom the students could approach. So BTH should have defined stakeholders who are responsible for the students and to whom the students could approach with their difficulties and problems. The university should show the students that they care for them, this is only possible by the university to go an extra mile for the sake of students and providing better facilities and future prospects for the students. / Kosuri Naga Krishna Kalyan C/O Achanta Srinivas Kungsmarksvagen 69-1412 Karlskrona 37144 Sweden Phone::0046-0704521463 B.B.Pavan Kumar Yadav C/O Achanta Srinivas Kungsmarksvagen 69-1412 Karlskrona 37144 Sweden Phone:0046-0737726964

The thesis examines to what extent copyright holders can enforce the online reproduction and communication rights against online service providers in Egypt. The objective of the thesis is therefore to highlight that the existing Egyptian copyright law 2002/82 is insufficient to impose liability on internet service providers, both substantively and also with regards to enforcement. Various recommendations are thus made to improve the legislative framework in Egypt, all with a view of achieving that a fair balance is struck for all those parties, who/which are involved in digital communications, particularly online end users, so that their rights to online privacy and access to information are preserved. For this purpose, a comparative methodology has been adopted and recourse is made to US and European laws. This comparative approach is further complemented by a critical examination of existing deficiencies within the legislative liability regime for internet service providers in the US and Europe in order to ensure that foreign laws are not merely transplanted, but that the best and most suitable legislative framework is adopted by the Egyptian legislator.

Cette thèse interroge la marche en ville, sa pratique, ses représentations, les comportements pédestres et les stratégies mises en place par les marcheurs lors de leurs déplacements à pied, dans des situations plus ou moins confortables et inconfortables mais également la façon dont les politiques urbaines appréhendent l’objet marche.Elle s’intéresse à la marche du quotidien en milieu urbain dense, la marche utilitaire, triviale et parfois niée parce qu’automatisée. Cette recherche appréhende les mobilités urbaines pédestres en présentant deux terrains principaux, à savoir :- l’in situ pour comprendre le « comment » de la marche en ville, autrement dit les comportements des marcheurs en fonction de situations plus ou moins confortables- l’ex situ pour identifier le « pourquoi » de la marche et ce que disent les marcheurs de cet objet. Il s’est agi d’étudier les représentations des mobilités urbaines pédestres.L’environnement (que nous entendons comme social, physique et temporel) est-il déterminant dans le comportement du marcheur ? Dans quelle(s) mesure(s) l’évaluation du niveau de confort d’une situation de marche est impliquée dans la mise en place de stratégies de déplacement pédestre ?Les représentations sociales de la marche sont-elles impliquées dans le choix de se déplacer à pied en ville ?Nous verrons également dans quelle(s) mesure(s) la marche et l’usager piéton sont devenus des enjeux pour les politiques publiques urbaines et plus particulièrement dans le contexte parisien (Mairie de Paris). Il s’agira de mettre en perspective ce travail de recherche au regard du contexte politique dans lequel il s’est inscrit / This thesis questions the walk in urban context, its practice, performances, walking behaviours and strategies used by walkers when walking, in more or less comfortable situations / uncomfortable, but also how urban policies apprehend this object.This research interests in the daily practice of walk in a dense urban context, usefulness, trivial walking and sometimes denied because automated.This research captures the pedestrian urban mobility by presenting the results of two main areas, namely:- The "In situ" to understand the "how" of walking in cities, in other words the walkers behaviours depending on more or less comfortable situations- The "Ex situ" to identify the "why" of walking and what walkers say about this object. It was about to study the representations of pedestrian urban mobilities.Is the environment (social, temporal and physical) determining the walker behaviour? In which measure(s) the evaluation of the comfort level of a driving situation is involved in the establishment of pedestrian movement strategies?Are the walking social representations involved in choosing to walk in cities?We will also see in which measures walking and pedestrian users have become issues for urban public policies and particularly in the Parisian context (City of Paris). The aim will be to put into perspective this research, in regards with the political context in which it is registered

This thesis deals with a summary of different types and characteristics of coatings used for increasing the lifetime of cemented carbide tools. Besides, the thesis includes solving the issue regarding edge chipping during machining interrupted pipe ends at the pipe line, selecting a new type of indexable inserts and indexable inserts holders to increase line productivity and decrease tool costs in the related operation.

The Right to a Favourable Environment in Case-law of the Czech Courts Abstract This diploma thesis deals with the right to a favourable environment as it is contained in the decisions of the Czech courts. The main objective was to provide a complete overview of the development of case-law in this area, with an emphasis on some related problems. Presented diploma thesis points out especially on the unclear conception of the holders of the substantive right to a favourable environment in contrast to the substantive rights belonging to participants in environmental protection proceedings and strives for illustrating the interpretative difficulties associated with this double-track which occurs actually in the Czech legal order. Apart from other things, this thesis aims to point out to the current question, which was submitted to the Constitutional Court of the Czech Republic, i.e. whether the amendment to the Act of the Czech National Council no. 114/1992 Coll. on Nature and Landscape Protection is consistent with constitutional principles on the protection of public interests and assumptions of international law, especially whether it complies with the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinafter also referred to as...