In light of its past eugenic use, and its often irreversible nature, non-therapeutic sterilization, the result of which is to deprive an individual of his/her capacity to procreate, has always enjoyed a particular status and its use and legal status engendered debate, discussion and controversy. / The purpose of this dissertation is to determine under which conditions non-therapeutic sterilization can lawfully be performed under Canadian law. / Whereas the legality of non-therapeutic sterilization when voluntarily consented to by a competent individual is today established in all Canadian provinces, it appears that Quebec is the only province to allow non-therapeutic sterilization to be performed on an individual lacking through age and/or disability the necessary capacity to consent, common law provinces denying any beneficial aspects to the procedure. The law on involuntary non-therapeutic sterilization however lacks clarity, certainty and consistency, a legislative reform is therefore advocated.

This thesis evaluates the arguments for replacing antidumping laws with competition laws or, alternatively, for recasting antidumping laws in the pattern of competition laws. / The work discusses the objectives and criteria used in antidumping and antitrust cases. It highlights the harmful and chilling effects of antidumping sanctions. It is a study of whether antidumping laws should be replaced by either supra national (Competition laws) or harmonised domestic antitrust regimes, which penalise international predatory pricing without at the same time penalising non-predatory international price discrimination. / It is suggested that progressive reforms of antidumping rules should become an agenda item of all future WTO Rounds and should focus on reconciling antidumping rules with antitrust treatment of predatory pricing practices. / The progressive inclusion of antitrust criteria into WTO antidumping laws should be made a condition for progress in future WTO negotiations.

The purpose of the study was to analyze Indiana statutes affecting contract rights of public school teachers and to determine documenting procedures a public school administrator performs to challenge a right to a continuing contract.The analysis of current Indiana statutes in effect as of July 1, 1982 provided a comprehensive review of the following: basic components of contract forms, grounds for contract termination, contract termination procedures, evaluation timelines and a description of documentation components.A survey instrument collected data regarding documentation procedures administrators perform. Twenty-one administrators from seven Indiana school corporations, responded.Changing state statutes governing teacher contracts are most complex and greatly affect the function of the administrative documentation. The statutes provide protection to the teacher and administrators must turn to effective collection and use of multiple types of evidence to support decision making.Recommendations for future research include a regular updating of information relevant to obligations for teacher and development of effective strategies of evidence collection and use for public school administrators.

There is no abstract available for this dissertation.

Congressional reform is the focus of my study. Congress (but primarily the House of Representatives) attempted to reform its workings from 1968 through 1975, so it might be more effective in developing comprehensive policies on national issues, and more independent of the executive branch. Reform raised expectations that the legislature would reassert its policy-making role, which had diminished during the preceding thirty years. My study examines the influence of these changes on the congressional decision-making process, including their impact on the important role played by external actors, interest groups and especially the President, who reacted to these changes. The study examines the process through an analysis of the development and passage of the most controversial provision, dealing with oil-price controls (Title IV), of Congress' major energy bill of 1975, the Energy Policy and Conservation Act (H.R. 7014). On 15 December 1975, Congress passed the Energy Policy and Conservation Act (EPCA) which President Gerald R. Ford signed into law on 22 December. The EPCA (Public Law 94-163) extended oil-price controls until 1979. The oilpricing provision had significant national and international economic and political implications. Merely to trace the tortuous chronicle of oil-pricing policy would be informative. But this study will go further by using this account to analyze congressional decision-making in the period immediately following Congress' attempts at reform. My study shows that although reforms eroded old norms and power centres, significantly altering some aspects of congressional decision-making (again primarily in the House), they did not create institutional mechanisms or distribute internal powers in such a way that Congress could independently initiate and develop comprehensive national policies. Congress remained more dependent on the President than many of its members understood. The final substance of the oil-pricing policy reflected the characteristic congressional decision-making process, which had become even more dispersed as it was democratized by reform. The committee system, without a strong executive or party control, divides issues in a way that limits decision-makers' options.

In May 1985 the Government removed the British Technology Group's (BTG) right of first refusal on intellectual property arising in the course of Research Council-funded projects UK universities were offered the opportunity to assume rights and responsibilities previously enjoyed by the BTG, provided their policies and procedures fulfilled certain conditions. In particular, the government wished universities to a) give the fullest opportunity and scope to researchers to assume responsibility for exploiting their research findings; b) encourage researchers to assume this responsibility; c) provide guidance and help for those academics who wished to assume this responsibility. The aims of this thesis were. i) to generate a body of data about the ways in which nine UK universities handled the exploitation of IP between 1970 and 1990; ii) to use this body of data to assess - in relation to those same universities - the extent to which current policy and practice vis-a-vis the exploitation of IP accommodate the government's wishes, as outlined in a letter from the Chairman of the SERC and a statement issued by the Secretary of State for Education, both dated 14 May, 1985, iii) to begin to develop theory in relation to the exploitation of IP in these nine universities. This thesis adopts a research design based exclusively on case studies. It adopts a grounded rather than a logico-deductive approach to data collection and theory development, initially, data collection was informed by an extensive literature review. Data were elicited in 1989/90, primarily through tape-recorded, face-to-face, structured interviews with policy-makers and policy-implementers in the nine universities, and with policy "users" (heads of department, deans, enterprising and entrepreneurial academics with IP to exploit) Data from histories, documents and records were also collected. The thesis analyses policy and practice and evaluates the nine universities' performance with regard to measures a) - c) above. Establishing widely differing performance, it explores the processes which led to this. Further, it explores the extent to which policy "users" were aware of their university's policy and practice in relation to the exploitation of intellectual property, and their views on it. The thesis concludes that universities which created structures and made appointments to manage the exploitation of IP with a view to its extrinsic value have a less considered approach than those which did so on grounds of its intrinsic value, they are also less likely to have accommodated the government's wishes. More broadly, it also concludes that the introduction of this mechanism to replace exploitation via the BTG is a classic example of the UK government transplanting policies and mechanisms from other countries with no prior attempt to identify the processes and contexts which contribute to their success or failure in their native country, and little or no prior attempt to get to grips with the implications of transplanting them into the UK. Further, it concludes that local conditions can - and do - impact (positively or negatively) on the operation of a transplanted mechanism such as this. Finally, it concludes that identifying and evaluating those local conditions is unlikely to be a straightforward task.

No description available.

The safety of civil aviation has been endangered not only by terrorism, but also by many other unlawful acts committed by persons with varying motivation. The international community has worked to provide a secure and safe air transportation system for general people and thus has developed aviation security systems in the legal and technical fields to combat and prevent the man-made intentional harm against civil aviation. / The legal instruments are mainly based on several multilateral conventions, resolutions and declarations. They are all focused on how to eliminate safe heavens for unlawful actors against civil aviation, secure the safety of passenger and crew, and facilitate the resumption of affected aircraft. / The technical instruments, dealing with specific preventive security measures to suppress the unlawful acts against civil aviation on a practical basis, have been developed by ICAO as "Standards and Recommended Practices" (SARPs) in the form of Annexes. In addition, to promote global aviation security, ICAO launched its "Universal Security Audit Programme" immediately following the tragic events of September 11, 2001. / This thesis critically analyses the legal and technical aviation security systems under current international legal regimes and provides several recommendations to improve the remaining problems in the international aviation security system.

In 1998 the Organization for Economic Cooperation and Development (the "OECD") commenced a campaign to eliminate harmful tax competition focusing on geographically mobile activities. The OECD targeted 35 jurisdictions and demanded that those nations amend their tax laws to remove the harmful features that provided more favorable tax treatment to geographically mobile capital than was available in some of its Member States. This thesis examines the international responsibility of the OECD and its Member States to determine whether their conduct in waging this campaign is in accordance with the international legal principles of state sovereignty and non-intervention. As an international actor with legal personality, the conduct of the OECD is found to engage its international responsibility for the breach of state sovereignty and non-intervention. The Member States in support of the OECD's actions are found to have primary and secondary responsibility under international law for the OEOD's actions.

For many years, the determination of which organizations should qualify for the significant tax benefits accorded to "registered charities" ( "organismes de bienfaisance enregistres") under the Canadian Income Tax Act has been based, in all provinces, on the concept of charity developed by the English common law of charitable trusts. However, there are other sources of meaning for the concept of "charity" ( "bienfaisance") in Canada, including ancient, civil law sources that continue to form part of the basic law of Quebec. / This study challenges the longstanding, unijural approach to the registered charity provisions on the basis of the constitutional division of powers, and the federal government's commitment to respecting bijuralism and bilingualism in its legislative texts. It explores the diverse, legal sources concerning charity and the devotion of property to the public good that form part of the law of property and civil rights in the provinces. Finally, it examines how these diverse provincial sources might affect the current approach to the registered charity provisions, and the project of ensuring that federal laws are accessible to each of Canada's Francophone civil law, Francophone common law, Anglophone civil law and Anglophone common law audiences.