Orientador: Fortunato Antonio Badan Palhares / Tese (doutorado) - Universidade Estadual de Campinas, Faculdade de Ciencias Medicas / Made available in DSpace on 2018-07-19T18:25:43Z (GMT). No. of bitstreams: 1 Zappa_JoseEduardoBueno_D.pdf: 17136284 bytes, checksum: 44949723a20aaa49f6c008cec88c7fdc (MD5) Previous issue date: 1994 / Resumo: É avaliada a razão do número elevado de exumações no Brasil. Oito casos exumados e submetidos à exame necroscópico no Departamento de Medicina Legal da Faculdade de Ciências Médicas da Universidade Estadual de Campinas e Instituto Médico-Legal de Campinas são apresentados como base do trabalho. Laudos, aspectos técnicos e críticos são discutidos e enfatizados no que diz respeito à formação e carreira de Médico-Legista, na estrutura dos Institutos Médico-Legais e formação médica. Conclui que no Brasil, as falhas em laudos são decorrentes de exames necroscópicos mal realizados pois os médicos ¬legistas não têm estrutura, formação e condições de trabalho. Com estes aspectos, a "solução" da Justiça é solicitar exumações às instituições mais estruturadas e tentar solucionar os erros iniciais / Abstract: The reason of the elevated number of exhumations in Brazil is appraised. Eight cases of exhumations that were being submitted to autopsies in the Medicolegal Departament of State University and Medicolegal State lnstitute of Campinas are presented as a hard base of our work. Verdicts, technical and critical aspects are discussed and emphasized in order to review the Forensic Doctor formation and career.It conc1udes that in Brazil, the imperfections in verdicts are the result of some autopsies not well done realized, because Forensic Doctors don't have basic ! structures, solid formation and good conditions to work. Because of these aspects, the "solution" from Justice is' to ask exhumations to institutions that are more prepared and doing this they try to solve the initial mistakes / Doutorado / Medicina Interna / Doutor em Ciências Médicas

archives@tulane.edu / This dissertation is a study of the legal treatment of artisanal and small-scale mining (ASM) in Colombia. The main hypothesis of this dissertation is that in Colombia, over time, a byproduct of the formal legal system designed to govern mining resources has been the emergence of alternative management systems for mining resources at a small-scale level, which crafted an order without law. This has been the constant through the history of Colombia. Local regulatory arrangements defined by traditional local miners are complex, community-based systems for mining resources management (CBSMRM) that are rooted in the historical defense of rural territories. Their complexity and social legitimacy do not mean that they are ideal systems, and these community systems do not regulate all small-scale mining activities. However, some communities have put in place local orders that are not based on formal institutions, but rather are regulatory frameworks with diverse sources of authority, rules, objectives, actors, and forms of guiding the activity. An ethnographic work done in Marmato, Caldas showed that local miners, over time, and as product of many experiments and social transformations, have crafted CBSMRM. In other words, at the local level, disenfranchised groups gestate their own forms of relating to and using mining resources; over time, this creates community-based forms of mining resources management. The order without law has grown outside the formal institutions and clashes with them. As consequence, stakeholders on the ground are facing a gridlock situation in which none of the orders is capable achieving real effectiveness. To solve this situation, a dialogic platform is proposed with the intention of creating a bridge to connect legalities and trigger an open participatory mechanism in which legalities and stakeholders can define the new rules to govern those resources. In other words, define a governance order as a system of rules that gravitates around social legitimacy and not the source of the norms defining social interaction. This is an effort to open the door to new regulatory alternatives and dialogues among legalities; it is not a final answer to the crisis that extractive activities are experiencing but the proposal of a social laboratory of deliberation. / 1 / juan diego alvarez

Includes bibliographical references. / In the post or neo-colonial era, the question of fair and equitable treatment of indigenous peoples remains a subject of international political and legal discourse. Efforts have been made to study ways of promoting and protecting indigenous rights and to develop international norms for the protection of these rights. These efforts have sprung forth a plethora of questions; these questions include 'who qualifies as indigenous peoples?' and 'what rights do they enjoy under international law.' This thesis takes a cursory look at the conceptual underpinnings of indigenous peoples and specifically evaluates their right to culture in the parlance of international law.

The purpose of this thesis is to compare the S.A. law of enrichment with the German BGB, to answer the question whether both systems are so similar that in both of them a general enrichment action could exist. Before this question can be answered in the affirmative, it has to be investigated whether, first of all, a basic structural similarity of these two Romanistic legal systeas exist and (secondly), whether the BGB recognizes a general enrichment action. The coaparison would be fairly easy if one could say that at least the basic principles of each system were of a firmly developed and undisputed nature. But this is far from true! Voluminous works have been written not only concerning the law of enrichment in general, but even concerning each specific element of enrichment liability. I do not intend to add another compendium to this huge number. Nor do I intend to discuss the actio negotiorum gestorum. This thesis is aimed at giving a short outline of both systems of unjustified enrichment, and elaborating basic principles of enrichment liability; thereafter the difference between the two systems will be highlighted by examples and, finally, special attention will be paid to the problem of a general enrichment action.

Includes bibliographical references. / This dissertation evaluates the regulation of domestic work. It approaches this topicfrom an international and national perspective. An international perspective in thiscontext means the regulation of domestic work as an international labour standard bythe International Labour Organization (ILO). Its national perspective entails the variousmodels of national regulation in three countries- South Africa Namibia and Indonesia.This dissertation also brings to the fore the nature of domestic work in its evaluation as a labour standard. It does this to give a general understanding of the subject. In recent years, regulating domestic work has been a popular topic within international labour law circles. However, the popularity of this discussion is not reflected in the working lives of a majority of domestic workers worldwide. Therefore, this dissertation reiterates specific issues that affect the lives of domestic workers in a bid to contribute to the body of knowledge on the subject; and the achievement of social justice and decent work in this “invisible' sector.This dissertation concludes that the proper regulation of the domestic work sector is the first step in the achievement of social justice for domestic workers. It also posits after a comparative analysis that the regulation of decent work requires a framework in which hard and soft law approaches are interwoven in the regulation of domestic work. This framework is important as the intertwining of hard and soft law regimes will enable the reaffirmation of and compliance with ILO standards for domestic work regulation. National legislation of ILO member states also have to be fine-tuned or amended to this dissertation reiterates specific issues that affect the lives of domestic workers in a bid to contribute to the body of knowledge on the subject; and the achievement of social justice and decent work in this 'invisible' sector. This dissertation concludes that the proper regulation of the domestic worksector is the first step in the achievement of social justice for domestic workers. It also posits after a comparative analysis that the regulation of decent work requires a framework in which hard and soft law approaches are interwoven in the regulation of domestic work. This framework is important as the intertwining of hard and soft law regimes will enable the reaffirmation of and compliance with ILO standards for domestic work regulation.

OBJECTIVES: To determine the incidence of hysterotomy in second trimester termination of pregnancy, including differences in women that abort following medical induction and those that fail to abort requiring surgical abortion, and the factors that influence choice of surgical operation. METHOD: Records of all women (n=1080) who presented for elective second termination of pregnancy (14-20weeks) in the years 2008 until 2010 were reviewed retrospectively. Theatre records were also used to verify the operation. The women were divided into two groups according to the method of abortion they finally responded to: a medical group that aborted following medical induction (n=1715), and a surgical group that failed to abort following medical induction (n=88). Apart from demographics, the surgical group was studied further in detail of previous uterine operation, surgical operation done for current abortion, complication profile and seniority of operating surgeon. RESULTS: Failed medical induction accounted for 5% of all second trimester abortions. The incidence of hysterotomy was 52% in the surgical group and 2.5% of all the second trimester abortions. Hysterotomy was more common in higher gestations (p=0.005). Suction curettage was frequent as a surgical abortion method in gestations below 16 weeks. Nulliparous women were more likely to fail to abort than multiparous women (p=0.002) and those with twin pregnancy more likely to abort on medical induction (p<0.001). Surgical evacuation was done mostly by registrars and consultants (senior members of staff). The two common complication profiles were haemorrhage and incomplete evacuation of the uterus. No cases of uterine perforation were identified, and there were no intensive care unit admissions and no deaths.

No description available.

At the 10th emergency special Session on December 8, 2003, the 191-member United Nations General Assembly adopted a resolution requesting an 'urgent' advisory opinion from the International Court of Justice in The Hague on the legal consequences of Israel's construction of a 'Barrier' between itself and the West Bank and East Jerusalem. 1 The Secretary General of the United Nations transmitted the request for the advisory opinion to the Court in a letter dated December 8, 2003. The Assembly has requested advisory opinions from the Court fourteen times since the Court's inception in 1946, with the majority requested immediately following World War 11. While the Court's opinion is not legally binding, the opinion provides strong guidance to both parties, as well as the international community, on how to treat the current situation and how to proceed with negotiations.

It is estimated that South Africa contains vast amounts of shale gas. Meanwhile, the country relies heavily on coal as a primary energy source, as a result, it ranks amongst the highest carbon dioxide emitting countries globally, therefore is a significant contributor to climate change. Climate change is a cause for global concern, if not mitigated it will cause more severe devastation to societies worldwide. The exploitation of shale gas in South Africa will require the use of hydraulic fracturing, a technology that has generated controversy globally. The country however does not have an effective legal framework to regulate the exploration and production of shale gas using this technology. This thesis investigates whether South Africa's petroleum legal framework provides adequately for the protection of the environment against the risks posed by shale gas development. It posits that with a petroleum legal framework premised on avoiding, mitigating, and remediating environmental damage, shale gas could be developed in an environmentally sensible manner in South Africa, to enhance energy security of supply while reducing the country's carbon dioxide emissions to the atmosphere. The assessment employs the comparative legal research methodology and uses the prevention principle (avoidance), precautionary principle (mitigation), and polluter pays principle (remediation) as comparative themes. The comparative jurisdictions are South Africa, the United Kingdom, and Canada. The United Kingdom and Canada are more mature petroleum provinces/jurisdictions, therefore, have relatively advanced legal frameworks for petroleum extraction. The study finds that these principles are already embedded in the South African environmental legal framework. Therefore, the appropriate petroleum legal framework to guide shale gas development in South Africa would be one that provides for the rigorous application of these principles, in an integrated and complementary manner, with close monitoring and enforcement. The capacity of the relevant regulatory agencies will have to be enhanced to ensure effective compliance monitoring and enforcement.

Since time immemorial, equality is a concept which has been the subject of philosophical debate and political contest. Today, democratic society proclaims itself to be committed to the values of openness, democracy, freedom and equality. In South Africa and in Belgium, equality is a fundamental value which lies at the heart of both Constitutions. For different reasons, this right is central regarding the two Constitutional Courts. In South Africa, the importance of the decisions made by the Constitutional Court in the equality and non-discrimination field is clear given its particular history of apartheid during which deep inequalities among the population were enforced. In Belgium, equality is the key of the Court of Arbitration's competence to exercise a constitutional control regarding the fundamental rights and freedoms enshrined in the Constitution. In both jurisdictions, it is clear that equality is not simply a matter of likeness but equally a matter of difference. Because Justice and Equality do not have the same significance and must not be confused, it is important to attempt to understand and to delineate what equitable equality means in a constitutional context. This dissertation undertakes to analyse the equality jurispruden of the South African Constitutional Court by reference to its five first decisions in order to determine its current approach to section 9 of the Constitution of South Africa Act 108 of 1996 (previously section 8 of the Constitution of the Republic of South Africa Act 200 of 1993 (the interim Constitution)). After an introduction to the Belgian Court of Arbitration and review of its treatment of the right to equality and non-discrimination, its approach will be evaluated in comparative perspective.