The proposed African Court on Human and Peoples' Rights is an important development in the history of Africa. For the first time, there will be a regional judicial mechanism for the adjudication of human rights issues. The difficulty may lie in the manner in which the Court applies its discretion in relation to the doctrine of margin of appreciation and derogations. As a subsidiary body that has a power of review, the Court must tread warily when applying these principles. Lessons may be learnt from the well established European Court of Human Rights which has applied and developed the doctrine of margin of appreciation and has had occasion to examine the manner and extent of derogations from the European Convention. Applying this knowledge in an African context is important, but there must be discretion in that application that takes the particular circumstances of Africa into account. / Thesis (LL.M.)-University of Durban-Westville, 2003.

No abstract available. / Thesis (LLM.)-University of Durban-Westville, Durban, 1985.

This paper entails a critical analysis of the development of water law in South Africa. It examines the historical development process of the law, discussing the tendencies followed in Roman and Roman Dutch Law systems. The principles of water allocations which had been adopted into the South African law system by the courts and legislature is analysed. A review of the water allocation mechanism of the Water Act 54 of 1956 indicate that the water law thereunder is outdated, no longer reflecting the needs of our society. Especially since it was based on antique systems of water allocation derived from European countries where the climate and hydrology are different to South Africa. With the advent of a new democratic Government, the principles of fairness and equity as embodied in the Constitution, demanded that South African water law be reviewed. This mammoth task was undertaken by the Minister of Water and Forestry Affairs, Professor Kader Asmal. After a two year consultative period process, the National Water Act 36 of 1998 was enacted. The provisions of this Act indicate a radical departure from the previous system of water allocation. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1999.

New regulations have been published under the National Environmental Management: Biodiversity Act ('the Biodiversity Act') that regulate activities regarded as 'restricted activities' by that Act involving listed species of flora and fauna. The regulations include several provisions relating specifically to five species of large predator (lions are a notable exception) and to black and white rhinoceros and represent the end of a lengthy law reform process. The regulations came into force on 1 February 2008. South Africa is a signatory to several international instruments concerned with the protection of biodiversity including the Convention on International Trade in Endangered Species ('CITES'), the United Nations Convention on Biological Diversity and the SADC Protocol on Wildlife Conservation and Law Enforcement in the Southern African Development Community. The Biodiversity Act is the key national law concerned with management of large predators from a conservation and biodiversity protection point of view. Several Acts administered by the Department of Agriculture, such as the Animals Protection Act and the Performing Animals Protection Act, provide for the welfare of animals in captivity. However, the management of wild predators has up to now been regulated at provincial level by a series of outdated nature conservation ordinances that are inconsistent with one another and with the provisions of CITES. It is clear from the Game Theft Act, from national policy instruments such as the National Biodiversity Strategy and Action Plan and from the draft Game Farming Policy that hunting and game farming are seen as important contributors to the South African economy with the potential to address rural poverty and create employment. Hunting is itself a multimillion rand industry in South Africa and a substantial part of that industry is trophy hunting. Large predators in South Africa are most affected by trophy hunting practices, but other animals and other predators are also affected. Large predators are also the subject ofboth national and international trade. In recent years captive breeding of large predators has increased dramatically in order to supply the trophy hunting industry. During the late 1990s concerns began to be raised in the press regarding so-called 'canned hunting' practices and the law reform process mentioned in the first paragraph was partially a result ofthis focus on canned hunting. The new regulations provide, among other things, for greater control of the wildlife industry and for the setting ofhunting off-take limits, but they have several weaknesses. On the most basic level, the regulations contain drafting errors, are overly complex and may conflict with existing provincial legislation. They are likely to impose a greater administrative burden on provincial authorities already struggling to implement the existing provincial legislation. It is submitted that the provisions relating to animal welfare (for example, those dealing with prohibited methods of hunting) should have been enacted elsewhere. The provisions relating to self-regulation of the hunting industry and black economic empowerment are ineffectual as currently drafted. Most importantly, the new regulations do not represent a significant departure from the utilitarian approach to wild animals that has characterised South African law since its earliest days. In this sense, the regulations conform to the current policy of 'making conservation pay'. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2008.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 2003.

No description available.

No description available.

The Global Navigation Satellite System (GNSS) is the main element of the CNS/ATM system elaborated by the International Civil Aviation Organization (ICAO). / The US GPS and Russian GLONASS are the two existing systems. Both of them were created by the military. / Europe is currently developing a civil navigation satellite system: Galileo. / This thesis will present some legal issues of the GNSS discussed in the framework of ICAO: sovereignty of States, universal accessibility, continuity and quality of the service, cost recovery and financing, certification and liability. / It will also present some legal issues due to the creation of the European Galileo program. The financing, organizational framework, certification and liability will be examined. Finally, ICAO's Charter on the Rights and Obligations of States Relating to GNSS Services will be considered.

The ticket distribution industry is changing rapidly. The traditional travel distribution chain comprised airlines, travel agents, and computer reservation systems (CRSs). With the current migration of travel distribution to the Internet, the way in which these actors interact has been radically altered. / After deregulation, the airlines' dependence on travel agents and CRSs led to high commission and booking fees respectively. The Internet now offers airlines a means to directly distribute their product to the travelling public with minimal expense. The airlines are eagerly shifting as many of their distribution activities as possible to different forms of web-based distribution, hoping to bypass both travel agents and CRSs. This has allowed them to reduce the commission fees they pay to travel agents. Travel agents too are going online, competing vigorously with the airlines. The combined effect of these (r)evolutions has put the airlines firmly in charge of their own distribution system. / Any such a fundamental change in a sector of industry is bound to raise anticompetitive concerns, especially for those who stand to lose the most. These concerns are at the centre of this thesis. After their examination and evaluation, I conclude that anticompetitive concerns do indeed exist and that the regulatory or antitrust authorities have the unenviable task of preserving competition, not competitors, in a new and rapidly evolving market.

According to Chapter XV of the Chicago Convention, the Joint Financing Aid has been successfully applied in the North Atlantic Region since 1948. The Agreement on the Joint Financing of Certain Air Navigation Services in Iceland, the main topic of this thesis, has ensured the availability of the service and facilities in the Reykjavik Flight Information Region, in accordance with the Standards and recommended practices of the Annexes to the Chicago Convention. The services were at first financed by the participating States, but later on user charges were gradually introduced and, since 1981, they became the principal means of services financing. / During the last thirty years, a series of significant social, economic and technical developments has changed the aviation and the air navigation services environment. This thesis examines the evolution of the Agreement and the general technical and economic tendencies that are likely to affect its future. / This thesis critically examines the Agreement in light of ICAO policy on the joint support aid and the general economic situation surrounding the Agreement. (Abstract shortened by UMI.)