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Internet-regulering in Suid-Afrika : staat of internasionaal?Amoraal, Lezel 04 1900 (has links)
Thesis (MPhil)--Stellenbosch University, 2003. / ENGLISH ABSTRACT: The Internet has become such an integral part of computer users' daily existence that it seems as if
it has always been there.
The Internet with its unique borders - or lack of borders - places an enormous burden on
geographically based legal systems. Regulation, that has specifically been designed for the Internet,
is a necessity because virtually every aspect of the law is challenged by the Internet and that many
legal frameworks are inadequate to deal with the Internet.
The other aspect which complicates the Internet even more, is that there is no specific
organisation, business or government to whom the Internet belongs. Individuals and organisations
have rights to the web pages that they own on the Internet, but there is no ownership of the Internet
in its entirety.
The development of the Internet in South Africa took place during a difficult time in the
country's history. The apartheid era initially limited the growth of the Internet. Much of the
existing legislation in South Africa has been partially adapted to accommodate the Internet, but the
government could not envisage what the actual impact of the Internet would be and consequently
they reacted when it came to the regulation of the Internet. In 2002 the Electronic Communication
and Transaction Act 25 of2002 came into operation.
In fact, the physical component of the Internet has already been regulated to a degree by the
pure coincidence as a result of its physical presence. This is because the backbone of the Internet
had not originally been created by the Internet, but by the telephone.
There are a number of legislative Internet-organisations that are, among others, responsible
for the technical standards of the Internet, dispute resolutions and in general what is important for
the Internet community.
Various international conventions regulate specific aspects of the Internet such as copyright,
intellectual property rights, domain names, trademarks and cyber crime. The international
conventions and agreements are an important step in the direction of standardised regulation.
However, the lack of borders creates problems surrounding jurisdiction of the cyber space. / AFRIKAANSE OPSOMMING: Die Internet het al so deel van rekenaargebruikers se alledaagse bestaan geword dat dit soms wil
voorkom asof dit maar nog altyd daar was.
Die Internet met sy unieke grense - of sy gebrek aan grense - plaas 'n groot las op geografies
gebaseerde regstelsels. Regulering wat spesifiek vir die Internet ontwerp is, is 'n noodsaaklikheid,
aangesien byna elke aspek van die reg deur die Internet uitgedaag word en baie regsraamwerke
onvoldoende is om die Internet te hanteer.
Wat die regulering van die Internet verder kompliseer, is dat daar nie een spesifieke organisasie,
onderneming of regering is aan wie die Internet behoort nie. Individue en organisasies het regte tot
die webwerwe wat hulle op die Internet besit, maar daar is nie eienaarskap van die Internet in sy
geheel nie.
Die ontwikkeling van die Internet in Suid-Afirka het tydens 'n moeilike tydperk in die Suid-
Afrikaanse geskiedenis plaasgevind. Die apartheidsera het die aanvanklike ontwikkeling en groei
van die Internet in Suid-Afrika beperk. Verskeie bestaande Suid-Afrikaanse wetgewing is deels
aangepas om die Internet te akkommodeer, maar die regering het nooit besef wat die werklike
impak van die Internet sou wees nie en het gevolglik re-aktief te werk gegaan wanneer dit by die
regulering van die Internet gekom het. In 2002 het Suid-Afrika se Elektroniese Kommunikasie en
Transaksies Wet 25 van 2002 in werking getree.
Die regulering van die fisieke komponente van die Internet is tot 'n mate as gevolg van sy
fisieke teenwoordigheid deur blote toeval, gereguleer. Dit is omdat die ruggraat van die Internet nie
oorspronklik vir die Internet geskep is nie, maar vir die telefoon.
Daar bestaan verskeie wetgewende Internet-organisasies wat onder meer verantwoordelik is vir
die tegniese standaarde van die Internet, dispuutresolusie en wat oor die algemeen aan die belange
van die Internet-gemeenskap wil voldoen.
Verskeie internasionale konvensies reguleer spesifieke aspekte van die Internet soos kopiereg,
intellektuele eiendomsreg, domeinname en handelsmerke en kubermisdaad. Die internasionale
konvensies en verdrae is 'n belangrike stap in die rigting van gestandaardiseerde regulering. Tog
skep die grenslose omstandighede van die Internet probleme rondom jurisdiksie in die kuberruim.
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Strategies for inspection and enforcement of occupational health and safety legislationJackson, Marna 05 June 2008 (has links)
Major changes have occurred in the workplace in the past decades. Technology has changed dramatically, innovative ways of utilising nuclear power have been developed, new chemicals have been introduced to the market and the adverse effects of other chemicals on both human health and safety and the environment have been discovered. This has influenced the nature of the workforce itself. Regulators in the different jurisdictions were required to react to the challenges that these changes represent. This thesis explores the responses in the United Kingdom, the United States of America and the Republic of South Africa by identifying the occupational safety and health (OSH) regulations, administration, enforcement and penalties which have been put in place to address the above mentioned challenges. It is impossible to mention all the changes in the workforce and workplace that have occurred in the recent years, and this thesis therefore focuses on the possibilities that different types of regulation offer to address some of these changes. Alterations to existing approaches are proposed to ensure that enforcement is improved and better targeted. The utilisation of third parties as surrogate regulators is also addressed. The central theme of this thesis is how the law can stimulate self-regulation by adopting a Safety Management System (SMS) within enterprises to encourage “self-critical reflection about their OHS performance”. The purpose of criminal sanctions in occupational safety and health regulation, the role of the prosecution in the enforcement of OSH strategies and the possibility of combining prosecutions of corporations with prosecutions of individual managers and directors who are responsible for non-compliance with OSH standards are also addressed. Although it is most important to ensure that workers are not injured or do not contract occupational diseases, in practice this does unfortunately happen. Therefore this thesis also discusses the compensation of injured workers. / Professor D. S. de Villiers
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The law of culpable homicide in South Africa : with reference to the law of manslaughter in English law and the law related to negligent killing in German lawDu Plessis, J R January 1987 (has links)
Culpable homicide is the unlawful negligent killing of a fellow human being. As such it is in many respects a 'residual' crime being the verdict prosecutors may expect when they are unable to prove the intention to kill when prosecuting for murder. A feature of this was that in the past when defences such as, for instance, intoxication or provocation were raised at murder trials, convictions of culpable homicide were almost automatic. In recent years, under the influence of the 'purist' current in our Criminal law, intoxication has become a defence to culpable homicide and provocation resulting in loss of self-control has also become a defence to culpable homicide. These developments are unacceptable to some writers on criminal law and a move away from the purist approach to the 'traditional' or pragmatic approach is to be expected. Greater emphasis will be placed on practical results than on the achievement of logical consistency. This could result in the law of culpable homicide becoming more socially effective than it is at present.
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The role of financial regulators in the Kenyan economyKhakali, Linda Anyoso January 2013 (has links)
Financial regulation is a subject that is more often than not regarded as distant and yet another level of bureaucracy that has to be endured by both the public and private sectors. The significance of creating and maintaining an efficient and effective system to regulate financial markets, financial institutions and financial service providers is a salient feature in the development of a country’s economic health. The recent global economic crises of 2007/2008 and the economic hurdles accompanying those events are perhaps the most dramatic instances of how necessary the implementation of efficient and effective financial regulation is. The international financial system has experienced a retinue of changes in the last two decades. One of the main challenges of financial regulators has been to keep abreast of as well as adapt to these changes, which are of an international nature. In a majority of countries, the financial sector is one of the most intensely regulated and supervised industries. Over a period of time, it has become evident that regulatory arrangements have a formidable impact on: i. The size, structure and efficiency of a financial system; ii. The business operations of financial institutions and markets; iii. Competitive conditions both overall and between sub-sectors of the system. The impact of regulation can either be stagnant or progressive; this depends on how the objectives of regulation are defined and how efficiently regulatory arrangements are related to their objectives. The issue at hand is to engage regulatory institutions, structures and mechanisms for supervision and enforcement need to be implemented because they are pertinent to the formal regulatory requirements in the overall regulatory regime. Effective financial regulation would be unable to exert its objectives in the absence of efficient supervision and enforcement. In numerous countries the institutional structure of regulation has experienced change or is in the process of change. Different models of institutional structure are availed such as the single/consolidated model, the twin-peak model and the multiple regulator model. For example, the United Kingdom has embraced the single/consolidated regulator model while Australia has employed the twin-peak regulator model. Kenya operates on the multiple regulator model. This report addresses the role of financial regulators in the Kenyan economy. The objectives of the research are to: Provide comprehensive information about the theory and practice of financial regulation; Identify the financial regulators in Kenya and define their roles; Address the issue of multiple regulators and the duplicity of roles; Discuss international trends in regulation and examine different regulatory regimes; Consider the viability of a single/consolidated regulatory regime in Kenya; Suggest a possible future regulatory regime for Kenya and identify the key issues associated with such a regime; Suggest areas for further investigation and research.The approach of this report will constitute the following: Chapter 1 discusses the rationale for the research, objectives, scope and scale of the research, preliminary literature review and the research methods to be employed. Chapter 2 focuses on financial regulatory systems in general as well as an extensive analysis of financial regulators in Kenya. Chapter 3 combines the research methods employed and also contains a comparative analysis of the regulatory regime. Chapter 4 examines the findings of the research, the lessons learnt and the regulatory responses. Chapter 5 includes recommendations towards improvement of regulatory systems and an executive summary of outstanding policy issues and priorities in Kenyan financial regulation.
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The protection of the online consumer through online dispute resolution and other models of redressSchulze Suedhoff, Ulrich 11 1900 (has links)
Traditional redress mechanisms such as litigation and traditional
alternative dispute resolution generally fail to strengthen consumer confidence
in e-commerce. Rather they may represent an additional source of uncertainty.
In particular litigation fails to offer the certainty the consumer seeks. To date,
neither European nor American courts have found reliable criteria for
determining Internet jurisdiction and have failed to provide consistency in their
decisions. In addition, uncertainty arising from unclear concepts on the
enforcement level and the high volume of disputes with low monetary value
have led to the development of online ADR providers that allow individuals from
across the world to settle disputes. Both online mediation and online arbitration
serve consumers as appropriate instruments to enforce their rights arising out
of online disputes. They are designed for disputes with small monetary value
and are capable of overcoming jurisdictional obstacles. On the enforcement
level, online arbitration based on the New York Convention provides the
consumer with a powerful tool on global level. Online consumer arbitration can
ensure a maximum of enforceability if the consumer arbitration rules of online
ADR providers incorporate the requirements of the New York Convention.
In addition or instead of online ADR, businesses increasingly rely on
other dispute avoidance and dispute settlement instruments in order to promote
consumer confidence. Some of those models employed by e-commerce
companies succeed in promoting trust, while others do so only to a limited
extent. In particular, mandatory credit card chargeback regimes give consumers
an effective and quick means of disputing a transaction with a merchant at
almost no cost. On the other hand, escrow services seem to be less appropriate
for the typical small amount e-commerce transaction mainly since consumers
are generally not willing to pay the added costs for the use of the escrow
service for the average small amount transaction. Trustmark and seal programs
provide the potential to give guidance to the consumer about consumer
protection standards of the online seller before any damage is done and offer
effective and inexpensive certification, monitoring and enforcement procedures.
However, to date trustmark and seal systems have applied these powerful tools
only to a limited extent. A proliferation of trustmark and seal programs make it
hard for consumers to distinguish between differences in the programs and to
assess their quality. Rating and feedback systems provide an immediate and
inexpensive source of information to buyers about sellers and a strong incentive
for good performance to repeat sellers. These systems are prone to abuse and
information gathered through these systems is often unreliable.
In my thesis I argue that traditional litigation no longer provides the most
appropriate means of dispute settlement in the case of small amount crossborder
consumer transactions. Neither do traditional ADR mechanisms provide
the most convenient and efficient method of settling online consumer disputes.
Online ADR and several other models of redress successfully replace traditional
mechanisms since they better meet the challenges of online disputes and live
up to recognised consumer protection principles. I argue that online arbitration
based on international arbitration law such as the New York Convention
presents a particularly viable instrument for the settlement of the average smallamount
online consumer disputes. After having sketched the jurisdictional
hurdles for the resolution of online disputes I analyse whether both online ADR
and other trust-creating models are capable of providing an efficient and fair
redress instrument for the consumer. For this purpose, the practises and
policies of online dispute resolution providers are mirrored in recognised
consumer protection principles and the international legal framework. Likewise
the potential and limits of other trust-creating models are explored under the
question of to what extent they serve the consumer as a viable instrument to
impose her rights. The guiding questions of this evaluation will be if and to what
extent these recently evolved institutions meet - according to their policies and
practises - the challenges set up by the particularities of online consumer
transactions. / Law, Peter A. Allard School of / Graduate
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Customs valuation and transfer pricing : is it possible to harmonize customs and tax rules?Jovanovich, Juan Martʹin. January 2000 (has links)
No description available.
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Foreign direct investment laws of China and CanadaWang, Gang, 1958 Sept. 13- January 2001 (has links)
No description available.
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Legal aspects of commercial space transportationMugarra, Leire. January 2008 (has links)
No description available.
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L'influence de l'évolution du gouvernment d'enterprise sur les dirigeants des sociétés : essai de droit comparé (France et Angleterre)Abi Chacra, Charbel January 2006 (has links)
No description available.
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An inquiry into problematic K-12 public school law issues within the state of FloridaHarris, John C. 01 April 2001 (has links)
No description available.
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