The increasing intermingling of civilian and military space activities could lead to serious, and perhaps unintended, consequences. While international space law is very permissive with regard to military uses of space, there are considerable legal and security implications resulting from military and civilian dependence on the same space services. From a military perspective, intentional reliance on civilian systems must address, inter alia, national security concerns, contractual obligations, licensing restrictions, liability, and long-term political relationships, while respecting the interests of the commercial sector. Policy decisions leading to an increase in civilian-military space interdependence must also consider potential impacts of this symbiosis on trade, international relations, and the conduct of armed hostilities. The thesis addresses these and certain related issues in four chapters. The first chapter explores the depth of the interdependence of military and civilian users on the same space systems. The second chapter considers the implications of dual use space technologies, such as proliferation concerns. The third chapter discusses various legal mechanisms States employ to address security issues involving space activities. The final chapter outlines legal restrictions on the use of space assets by armed forces.

Various characteristics of commercial space activities, such as their exceptionally rapid development, the special environment and legal framework in which they develop or the significant risks their participants are facing generate for the latter specific needs in terms of dispute settlement methods. / A systematic analysis of all existing mechanisms reveals that arbitration is and is likely to remain in the future the mode of settlement which is the most appropriate to the interests of the commercial space actors.

Public international air law is not in itself an autonomous system. It follows the legal principles and notions applicable to public international law in general. The principle of good faith performance or enforcement of a contract, in particular, emphasizes faithfulness to an agreed common purpose and consistency with the justified expectations of the other party unless an expressed intention to the contrary has been declared. / By signing the Chicago Convention on International Civil Aviation of 1944, all 185 Contracting States agreed to certain principles and arrangements in order that international civil aviation could be developed in a safe and orderly manner. They undertook, inter alia, to collaborate in securing the highest practicable degree of uniformity in all matters in which such uniformity could facilitate and improve air navigation. Thus, they all agreed to a common purpose and to the means for ensuring it. / With the presence of several regulatory levels, namely, national, regional and international, and given the challenges of the new century in parallel with the increased sophistication of civil aviation systems, safety in air transportation requires that it be a shared responsibility. (Abstract shortened by UMI.)

No description available.

<p>Despite a highly centralised system of government, Tanzania, has attempted several measures aimed at achieving decentralisation of its immense powers to allow people to have a say on matters affecting their respective areas of jurisdiction. By discussing the autonomy of local government in Tanzania, this research will highlight whether or not local government in Tanzania has the autonomy to exercise its functions without undue interference from the central government. There is not much literature on the local government laws of Tanzania .Therefore, this research will contribute to the concept of decentralisation in Tanzania in particular and Africa in general.</p>

This study, therefore, inquires into whether the regional states are discharging their constitutional obligation of creating adequately empowered local government. It will attempt to do so by examining the decentralisation programme of four of the nine regional states of the Ethiopian federation.The argument in this study is developed in the following manner. First, it will be examined whether decentralisation is favourable for democratisation, development and accommodation of ethnic minorities. Second, institutional frameworks will be identified which will be used to examine whether Ethiopia’s local government is indeed empowered enough to achieve these objectives. Third, the structural organisation, powers and functions of local government of four of the nine regional states of Ethiopia will be described. The regional states are Amhara, Tigray, Oromia and Southern Nations and Nationalities and Peoples’ regional states. Fourth the Ethiopian local governance system will be assessed in light of the institutional principles that are identified in chapter 2.

Societies have, since time immemorial, traded real goods and services for expectations of goods and services in some future. These expectations have been associated with tangible and, lately, intangible property - which is generally called money. From the crude quantity theory of money, the purchasing power of a monetary unit is given as 1/ P = T/(Mv). P is the price of the traded goods and services T, M is the total money supply and its turnover rate is v. The total money supply M is dominated by bank credit. In the South African law (and elsewhere) the judicial recognition given to bank credit (1) as money seems to have happened as an unintended side-effect to accepting cheques as delivery vehicles in a cash transfer without any tangible money moving from the transferor to the transferee. In payment of money, the law of property and the law of contract overlap and become inseparable. Both the English and South African laws define payment as performance of a preceding duty. The Supreme Court of Appeal, in the Vereins- und Westbank case seems to have declared an abstract transfer of ownership of money to be payment even though no preceding duty to pay was found. The profit of a financial investment is called interest and is calculated from a simple or compound interest formula. Despite medieval legal, theological and ethical objections, neither is illegal in the South African positive law. The last remnant of the medieval protection of a guilty debtor (often the ruler) at the expense of an innocent creditor is the in duplum rule. This is particularly obnoxious during modern rampant inflation that was unknown and could not be predicted when only metallistic money was in use. The influence of the in duplum rule is being limited by recent restrictive judgments in South Africa and in Zimbabwe. In South Africa, the Government has a constitutional duty to ensure that its subjects are not deprived of property. Specifically, the Constitution prescribes in Section 224(1) that the South African Reserve Bank must 'protect the value of the currency'. It is shown that the recent Reserve Bank policies, unless urgently modified, are in conflict with the publicly promised inflation rate of no greater than 6%. The exchange rates depend fundamentally on the price levels of the traded or tradable goods and services in the respective economies. This leads to the concept of purchasing power parity, which is most accurately reflected in the relationship between interest rates in different states and their relative foreign exchange depreciation rates. It is submitted that the South African Exchange Control Regulations have outlived their usefulness (if ever they had any) and are unconstitutional - at least in so far as they interfere with the South African Reserve Bank's obligation to pursue its primary object 'independently and without fear'. In the main, the South African Courts have applied restrictive interpretation to the Exchange Control Regulations and they have justifiably ignored the public international law obligation of the Republic to recognise the Exchange Control Regulations of fellow IMF members extraterritorially. (1) To money related claims on banks - see the body of the thesis for the two-creditor-two-debtor legal aspects in the 'bank credit'. / Thesis (LL.D)-University of Durban-Westville, 2002.

The aim of this research is to analyse the approach of the courts in determining the capital and revenue nature of income and expenditure. / Thesis (M.Com.)-University of Durban-Westville, 2002.

No abstract available. / Thesis (LL.M.)-University of Durban-Westville, 2002.

This dissertation critically analyses the role of disclosure in strengthening corporate governance and accountability to determine whether a prescriptive system of disclosure is of greater efficacy than a voluntary regime. The research undertaken has been done on a qualitative and theory building basis. The purpose of the study is to examine how current and future legal reform can curb corporate governance shortcomings and contribute to a new more dependable mode of corporate governance. This requires a comparative analysis of the South African and English models which are voluntary ('comply or explain') regimes compared to the prescriptive American model of corporate governance ('comply or else'). The foundational basis, definition and jurisdictional evolution of corporate governance is examined and analysed to ascertain the role of disclosure in relation to good governance. To facilitate this investigation a critical review of the legislative framework and reforms enacted locally (and offshore where applicable) is also undertaken. Disclosure as a concept is probed in terms of both a mandatory disclosure and voluntary disclosure regime to determine the more prudent mode of dissemination and how it impacts the efficacy of corporate governance and accountability. To ensure a holistic VIew of the role of disclosure is comprehensively critiqued its influence on corporate social responsibility is embarked upon. It is contextualized against the shareholder (contractarian) theory of governance versus that of the stakeholder (communitarian) theory of governance. This will involve a study of the competing requirements of disclosure in terms of these two theories and its impact on securing accountability. The tenuous relationship between shareholders and directors is considered to determine whether corporate governance regimes safeguard shareholder rights and how these measures contribute to strengthening governance. The codified role of directors in enhancing disclosure to shareholders is also undertaken. To exatrune the interplay between these concepts corporate governance failures are dissected to determine the shortcomings of disclosure practice. The recommendation of this dissertation is that a mandatory disclosure regime is of greater efficacy in strengthening corporate governance and accountability but to remedy recurring corporate governance shortcomings a disclosure regime that is holistic and principles based is required. It should also be supported by a dedicated and empowered regulatory system with sufficient penal measures to curb fraudulent behaviour but sufficient flexibility so as not to curtail industrial fortitude. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2010.