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Playing a Dangerous Game of Telephone: The Role of Court Interpreters and Interpretation Error in Immigration and Other Court ProceedingsUnknown Date (has links)
Playing a Dangerous Game of Telephone: the Role of Court Interpreters and Interpretation Error in Immigration and Other Court Proceedings analyzes the role of the court interpreter in immigration and other types of court proceedings. Like the game of Telephone, court proceedings are inherently acts of communication. Unlike Telephone, however, the communication chain is rather complicated. At their most basic level, court proceedings generally involve one judge, two attorneys, and a court reporter. When the chain is expanded to include parties, juries, or interpreters, the chain becomes more and more tenuous and subject to failure. In cases where court interpretation is involved, breakdowns along the chain of communication lead to discrepancies between the original and the interpretation, which are certainly not comical. In fact, these errors may actually result in fundamental injustice. In the worst cases, errors in interpretation result in the incarceration of the innocent or in improper deportations. The first two chapters introduce the reader to the topic, explaining the structure of the U.S. court system and how state and federal courts approach the use of court interpreters. Additionally, these chapters examine developing case law involving court interpretation outside of immigration proceedings, with an explanation of the difference between them vis a vis the concept of due process. The last two chapters focus on the immigration law setting. Concentrating on credibility hearings, this thesis analyzes case law regarding interpretation error in immigration proceedings and offers a practical guide to legal practitioners for anticipating where errors may occur through examples drawn from Russian and other language. / A Thesis submitted to the Program in Russian and Eastern European Studies in partial fulfillment of the requirements for the degree of Masters of
Science. / Fall Semester, 2004. / October 27, 2004. / Immigration Law, Interpretation Error, Due Process / Includes bibliographical references. / Michael K. Launer, Professor Directing Thesis; Marilyn Young, Committee Member; Ljubisa Adamovich, Committee Member.
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From Revolution to Realpolitik: Iran's Foreign Policy in Central Asia and the South Caucasus since 1991Unknown Date (has links)
Iran's foreign policy in Central Asia and the South Caucasus since 1991 serves to show Tehran's foreign policy shift from revolutionary Islam to realpolitik. The Islamic Republic's failure to export the Islamic Revolution as well as economic troubles precipitated by the Iran-Iraq War led Tehran to act with more pragmatism in its foreign policy endeavors after Soviet Union disintegration. The shift to realpolitik reflects Iran's failure to support revolutionary Islam in Tajikistan as well as tacit support for Armenia instead of Azerbaijan in the Nagorno-Karabakh conflict. This paper examines the strong role power politics now play in Iran's foreign policy at the expense of revolutionary Islam, particularly with regards to its relationships with Central Asia, the South Caucasus, and Russia. / A Thesis submitted to the Department of International Affairs in partial fulfillment of the requirements for the degree of Master of Arts. / Spring Semester, 2007. / April 4, 2007. / Iran-Iraq War, Caspian Sea Oil, Iran Foreign Policy, South Caucasus, Former Soviet Union, Central Asia, Foreign Policy Iran, Primakov Doctrine, Russia And Iran, Realpolitik, Revolutionary Islam / Includes bibliographical references. / Peter Garretson, Professor Directing Thesis; Jonathan Grant, Committee Member; Mark Souva, Committee Member.
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Japanese Business Strategy in the International Oil IndustryUnknown Date (has links)
The driving forces in the international oil industry have changed over time. The "threat for new entrants" was the determinant force until the 1960s, during the period when the majors dominated the industry through cartels. It was replaced by the "bargaining power of producers" when OPEC gradually acquired control over oil prices by nationalizing concessions in the 1970s. However, a "threat of substitute products" arose, posed by both non-OPEC oil and by alternative energies such as nuclear and natural gas. At the same time, the "bargaining power of buyers" increased as more non-OPEC oil was traded through spot and futures markets. As a result, OPEC lost control by the mid 1980s, and "intra-industry competition" has since become the determinant force in the current oil industry. Lacking oil reserves of its own, Japan has depended on the majors for its oil supply. The Japanese government tried to form an integrated national oil company, but that effort failed due to opposition from Japanese refineries. Those same oil companies have been protected by government regulations that restricted foreign participation. As a result, the Japanese oil industry possessed few assets in the upstream, while the downstream industry became inefficient and congested. After market liberalization in 1996, the "intra-industry competition" became intense in Japan, and M&A and alliances between oil companies were observed. It appears that for oil companies to survive in the global competition, it is necessary to (a) achieve both vertical and horizontal integration among oil companies, including trading companies, (b) purchase concessions in proven oil fields, where a high return is expected, and (c) establish outlet networks in Asia, where further growth in demand is expected. / A Thesis submitted to the Program of International Affairs in partial fulfillment of the requirements for the degree of Master of Science. / Summer Semester, 2004. / July 1, 2004. / Petroleum Industry, Japanese Oil Industry, Michael Porter, Oil Industry / Includes bibliographical references. / Gary A. Knight, Professor Directing Thesis; James H. Cobbe, Committee Member; Burton M. Atkins, Committee Member.
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Addressing Violence Against Women in Uganda: Approaches and Strategies of Civil Society OrganizationsUnknown Date (has links)
This thesis looks at how civil society organizations (CSOs) are working to address the issue of violence against women in Uganda. Specifically, it examines what types of organizations are working to address this issue, where their efforts fit into the public health ecological model for violence prevention, and to what extent they adopt a feminist perspective. In addition, I investigate how operational environments affect CSOs and what the organizations consider they have learned from their experiences. The study is primarily based on interviews conducted in the field with CSO representatives from various parts of Uganda. The findings suggest that the majority of the CSOs studied are grassroots or other indigenous women's organizations that undertake activities in multiple categories and thus adopt a holistic approach in addressing the issue of violence against women. Based on the public health ecological model for violence prevention, the overall picture that emerges is that the CSOs focus on primary level interventions, specifically concentrating their efforts on sensitization, awareness-raising, advocacy, and lobbying activities. In regards to their level of operations, my findings indicate that organizations favor community level interventions. All of the CSOs in the sample aim to address multiple at risk factors and most adopt a focus on multiple types of violence. In terms of the target population, the majority of interventions are universal, whereas both selective and indicated interventions primarily target women and girls. The study results indicate that the majority of the organizations adopt a feminist approach, either explicitly or implicitly. As a result, the CSOs focus on women's and girls' strategic interests and work towards the equal enjoyment of rights and opportunities. In addition, a majority of the activities that aim to address women's practical needs do so in ways that have high transformatory potential. Those interviewed report that CSOs face a variety of constraints from their operational environments. Inadequate human and financial resources, negative cultural and political climates, as well as competition between CSOs are impeding their efforts to end violence against women in Uganda. Only two positive factors were identified that contribute to the performance of CSOs – their dedicated members/staff/volunteers and networking with other organizations. From the CSO interview responses some common lessons emerged. These include addressing the causes instead of the symptoms of violence against women, in particular, addressing gender inequality and consequently involving men and other community members in violence prevention efforts. The organizations also emphasize the importance of appropriate methods and communication strategies when dealing with sensitive issues. Finally, although facilitating behavioral change is a long-term and arduous process, interventions that promote lasting change are considered critical in order to end gender-based violence. / A Thesis submitted to the Department of International Affairs in partial fulfillment of the requirements for the degree of Master of Science. / Fall Semester, 2006. / November 7, 2006. / Feminism, Civil Society Organizations, NGOs, Uganda, Violence Against Women, Gender Based Violence, CSOs, Feminist, Public Health / Includes bibliographical references. / Rebecca Miles, Professor Directing Thesis; Terence Coonan, Committee Member; Peter Easton, Committee Member.
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Technological change and the effectiveness of domestic government agencies and international organisations. How does technological change impact the effectiveness and benign political character of domestic government agencies and international organisations?van Zyl, Jacqualine Frances 02 March 2021 (has links)
Studies examining the relationship between technological advancements and politics demonstrate that this relationship remains closely connected. Numerous research efforts have focused on unpacking and further understanding this relationship to develop a better idea on the ways in which technology has acted as a motor of history, driving the transformation of factors such as class structures, ideas and institutions across the globe. This research is guided by an understanding and acknowledgement of the political nature of technological development. In highlighting this link, a valuable foundation for understanding this relationship is achieved, which is necessary when seeking to explore the ways in which innovative technologies influence the effectiveness and benign political character of domestic government agencies and international organisations. In order to ensure that an evaluation of the ways in which innovative technologies can impact the effectiveness and benign political character of domestic government agencies and international organisations is undertaken, this research is focused on firstly unpacking the relationship between technological advancement and politics through the use of a comprehensive literature review. It remains imperative to note that the study on the relationship between technological advancement and politics is incredibly broad. As such, for the purposes of this research emphasis will be placed on dealing with a small and focused aspect of this relationship, namely the impact of technological advancements on the effectiveness and benign political character of domestic government agencies and international organisations. Through examining the work of scholars that have undertaken research focused on technological advancements and the impacts this has on politics and vice versa, a holistic understanding on the topic is achieved. Key arguments presented by scholars such as Feenberg, Ganne, Kamel and Sussman will be studied to ensure a rich vein of knowledge on the complex relationship of technology and politics is developed. Once this understanding has been established, an examination into two key schools of thought, namely technology as a tool of control or domination, and technology as a benign instrumental force are studied to highlight the main arguments presented by scholars that have studied the topic over decades. In order to ensure that an in-depth analysis is achieved, the positive and negative impacts of technological advancements on politics will be explored through assessing arguments presented by scholars that are focused on understanding the ways in which politics and technology are related. An examination into the ways in which innovative technologies can be leveraged to enhance the operations and benign political character of domestic government agencies and international organisations will be undertaken. For the purposes of this research, blockchain technology has been selected as the innovative technology to be studied in relation to how domestic government agencies and international organisations can harness the opportunities presented by the technology. As such, an in-depth explanation into blockchain technology will be presented as well as a discussion pertaining to the opportunities and challenges associated with this technology. When examining the opportunities presented by blockchain technology two key features, namely improved transparency as well as efficient and cost-effective international payments will be discussed. With regards to the challenges associated with the use of blockchain technology, issues such as infrastructural infancy, limited organisational capacities, data privacy concerns and issues of governance will be outlined and discussed. This will ensure that an in-depth understanding into blockchain technology and its uses is demonstrated, which in turn contributes to a sound understanding when analysing the selected case studies used in this research. Once an understanding of the relationship between technological advancements and politics, as well as blockchain technology and its uses is established an analysis of the four selected case studies can be undertaken and effectively comprehended. For the purposes of this research, a case study methodology has been selected in terms of the focus on the use of blockchain technology. This is an area of study in which there has been much academic research conducted, but there are few analytically powerful theories that can help us understand recent technological changes. The potential impact of contemporary technological innovations, such as Blockchain, remains poorly understood. This study will use exploratory case studies to identify key processes and questions for further study, including concerning how the notions of “effectiveness” and “benign character” might be clarified and operationalised in further studies. A multi-case study approach has been taken in relation to the selection of examples included as case studies. These cases have been chosen both from the operations of domestic agencies and from the operations of international organisations in order to shed preliminary light on the differences between the domestic and international spheres of political and administrative activity. In order to begin to assess the ways in which innovative technologies influence the operations and benign political character of domestic government agencies and international organisations, four key case studies have been selected to be included in this research. An assessment into the “e-Estonia” case study, where essential services and information flows were significantly improved as a result of the digitalisation of services made possible due to effective collaborations between by public and private sectors will be discussed as the first key case study. Secondly, an examination into the South African Reserve Bank's “Project Khokha” will demonstrate the opportunities and benefits associated with intentional research and exploration into the use of innovative technologies to enhance operations of domestic government departments. The e-Estonia and “Project Khokha” case studies are included in this research as they demonstrate the ways in which domestic government agencies have explored the use of technology to enhance their operations, while also highlighting key lessons learnt in the implementation of these projects. An assessment of the World Food Programme's “Building Blocks” initiative, will demonstrate the value of the exploration of innovative technologies such as blockchain for international organisations. This initiative demonstrates the ability of blockchain-based solutions to enhance operations and the distribution of aid for international organisations such as the World Food Programme. Finally, the UNICEF's Venture Fund has been included as a case study in this research to explore and demonstrate the ways in which disruptive technologies can be harnessed for positive change on a global scale. Through the use of the case studies listed above, the research will explore how and whether opportunities and potential are presented by innovative technologies such as blockchain for both domestic government agencies and international organisations. This research will also seek to understand barriers that currently exist when looking to implement blockchain-based solutions across the globe, how these limitations can be understood, and whether they are likely to be overcome with increased knowledge of the technology, and greater contributions by scholars interested in understanding the ways in which domestic government agencies and international organisations can enhance their operations through embracing innovative technologies.
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Characterisation for treaty purposes of manufactured dividends received in terms of securities lending arrangementsVanlierde, Angela 04 February 2021 (has links)
Equity securities lending arrangements are contracts whereby a shareholder lends his shares to a borrower for a period of time. If dividends are declared during that period, these accrue to the borrower, and the borrower pays a manufactured dividend to the lender as compensation. The applicable income tax legislation deems manufactured dividends to be dividends for purposes of dividends tax. However, unless manufactured dividends are governed by Article 10 of a double tax treaty, South Africa may not have the right to tax manufactured dividends received by non-resident lenders. This would result in a loss of revenue for the South African fiscus. This paper examined the qualification or characterisation for treaty purposes of manufactured dividend income earned by lenders in terms of securities lending arrangements. This examination was done through an analysis of the ‘dividends' definition in Article 10 of the 2017 OECD model convention. It was found that manufactured dividends are not ‘dividends' for treaty purposes, and are instead business income in terms of Article 7. South African domestic tax legislation was analysed, together with publications by the South African Revenue Service and National Treasury, and demonstrated that there is a risk of taxation not in accordance with the provisions of a convention, as well as a risk of revenue losses to the South African fiscus where a non-resident lender has no permanent establishment in South Africa.
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The minimum wage in Germany and South Africa - a comparative assessment of the extent to which a national minimum wage may contribute to social justice and economic growth in South Africa.Turkis, Jonas Christopher 22 February 2019 (has links)
This dissertation examines whether the introduction of a national minimum wage may contribute to social justice and economic growth in South Africa. After highlighting the socio-economic environment of both countries, the dissertation analyses the minimum wage from an international law perspective. Emphasis is put on the essential elements that minimum wage frameworks must address, namely: universal coverage of the minimum wage; the periodic adjustment of the minimum wage; interaction with collective bargaining; and compliance. These elements are also considered while reviewing and setting into context the current German minimum wage legislation. Subsequently, the National Minimum Wage Bill for South Africa is illustrated and comparatively assessed. It is discussed whether the essential elements and socio economic conditions are considered adequately in the Bill. Moreover, problematic provisions are identified and the need for certain amendments is argued. Conclusively, the dissertation takes an overall positive view on the Bill and promotes a simple minimum wage legislation embedded in a collective bargaining system and supported by multiple policies.
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The foreign policy of the People's Republic of China : towards global integration or a tactical quest for super-power status?Sladen, Olivia January 2004 (has links)
Includes bibliographical references (leaves. 100-108). / This paper assesses the foreign policy of the People's Republic of China, determining whether it is pursuing an agenda to fully integrate into the international political order, or whether its policy comprises of a tactical quest for super-power status; it concludes by making a tentative prediction as to the trajectory of China's foreign policy in the coming decades. Optimists maintain that China's formation of complex economic and political ties with regional and international countries will bring both prosperity and security in the region, claiming that China's foreign affairs will focus on the maintenance and protection of these relations, upholding the political status quo. Pessimists, conversely, assert that Beijing's policy of integration is part of a wider strategy designed to build national power to a system-contending level. To establish the nature of China's foreign policy, this paper looks at two opposing theories of international relations which describe both interpretations: Complex Interdependence (supporting the optimists' interpretation) and Realism (supporting the pessimists' interpretation). In Part One, it reviews the key theorists of the twentieth century; it concludes that the Realist principles of Robert Gilpin, and the Complex Interdependence principles of Robert Keohane and Joseph Nye, represent the most reliable tenets of each theory. Thus the theoretical framework of the paper rests on the principles of these two interpretations of the Realist and Complex Interdependence theories. In Part Two of the paper, four indicators of China's foreign policy are assessed: 1. China in the World Economy; 2. China's International and Regional Relations; 3. China's National Defence; 4. China's Domestic Policy and Internal Characteristics. Each indicator is then analysed by applying the theories of Complex Interdependence and Realism to the data. The paper concludes by amalgamating the analyses of each indicator, making an overall assessment as to whether the theory of Realism or Complex Interdependence.
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Closing “The Mediterranean Cemetry”: whether the European agenda on migration (immediate action) aimed at curbing the Africa-EU migration “crisis” is International Law compliant?Mandela, Walter 21 February 2019 (has links)
The aim of the thesis is to establish whether the EAM (Immediate Action), formulated to curb the Africa-EU irregular migration “crisis” complies with international law. The thesis commences by arguing that migration today is a bastion of state sovereignty though fettered to a very limited extent by human rights, international law and states’ inter-dependence. The thesis then discusses the right to asylum and the principle of non-refoulement under international law. This is followed by a discussion on the EU as “sui generis” supra national entity that champions human rights and the rule of law globally followed by a review of its “sui generis” immigration law and rules under which the EU and member states share competence. Fundamental terminologies in the migration discourse: Migrants, Irregular Migrants, Refugees and Asylum Seekers are defined. A critique of The Refugee Convention4 is done, revealing its parochial, Eurocentric, racist, sexist nature and incompatibility with recent human rights developments; factors that to a large extent make it archaic and divorced from the realities of today’s refugee dynamics yet the Convention is the centrepiece of international refugee protection today. The thesis then interrogates the Africa-EU irregular mass-migration; the push and pull factors as well as the general modus operandi are reviewed. The generally recognised routes; Western Mediterranean, Central Mediterranean and West African which facilitate the migration are assessed. Lastly, the thesis then analyses the compliance of the EAM (Immediate Action) with international law. Each of the Immediate Actions; 1) Saving Lives at Sea 2) Targeting Criminal Smuggling Networks 3) Relocation 4) Resettlement 5) Working in partnership with third countries 6) Using the EU's tools to help frontline are subjected to the relevant international law governing them to test their compliance with international law. Final conclusions of the thesis are then drawn.
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Legitimacy and Continuity in The Horn: A Conceptual Analysis of Alex de Waal’s Political MarketplaceCapon, Chad 22 August 2019 (has links)
In this dissertation I critically engage with Alex De Waal’s understanding of the nature of
legitimacy in the Horn of Africa and the concept he formulates to understand it and explain
political behaviour in the Horn: the political marketplace. Through this process of critical
engagement, I clarify the concept and make it more useful by embedding it within the social
and religious realities of the Horn, which results in a reconceptualisation of the concept, which
I call the political bazaar. This reworked concept is then used in conjunction with Talal Asad’s discursive tradition of Sunni Islam and Peter Ekeh’s primordial public to more parsimoniously, accurately and comprehensively conceptualise legitimacy in the Horn and explain why its pervasive political behaviour is bargaining. Ultimately, I attempt to both abide by Raymond
Geuss’s first thesis: ‘Don’t look at just what they say, think, believe, but at what they actually do, and what actually happens as a result’, 1 and heed the warning he gives: ‘It is no sign of gimlet-eyed realism to deny the enormous real significance of religious practices, beliefs and institutions in the world, past and present, but rather a sign of simple blindness.’2
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