In British Columbia, fifty-one First Nations have filed Statements of Intent signifying their interest in negotiating a treaty with Canada and the Province of British Columbia since the establishment of the British Columbia Treaty Commission in 1993. Twenty-seven of these First Nations participants claim ocean spaces within their traditional territories. Academic research and writing over the last decade has focussed on Aboriginal title to land, with little, if any reference, to ocean spaces. The concept of Aboriginal title was recently recognized by the courts in Delgamuukw v. British Columbia. My research will explore what information and legal principles could be utilized to recognize Aboriginal title to ocean spaces within the Canadian legal context, and therefore provide some bases for First Nations in substantiating their claims. My analysis will begin with a review of international law principles surrounding title to and jurisdiction over ocean spaces. Following which, I will delineate the sources available for recognizing such a theory, starting with a review of the concepts of Aboriginal title as determined in Delgamuukw and their applicability to ocean spaces. Delgamuukw has affirmed Aboriginal perspectives are an integral part of the investigation of Aboriginal title, and voices of members of two particular First Nations being the Haida Nation and the Tsawwassen First Nation, with whom I visited, will be included. Rounding out the sources will be a review of comparative legal concepts drawn from the United States and Australian experiences, and the principles espoused within international human rights materials. Having established the avenues for recognition of this concept, I then turn to discussion of its reconciliation within the Canadian legal context by reviewing theories of co-management and examining a number of settlement instruments that have yielded some degree of reconciliation between the federal government and the particular First Nation or Province involved. Comments from First Nations in respect of the obstacles that hold back reconciliation will be noted. In conclusion, my research will deduce Aboriginal title to ocean spaces is a viable legal concept in Canada, and First Nations have the resources necessary to substantiate their claims. Comments about the possibilities that may result at the treaty table or in the courts upon recognition of this concept will also be discussed. This analysis is timely and important as many First Nations are nearing the stage of the treaty process where discussions will be directed towards what territories these First Nations groups will retain and what ownership, jurisdiction and rights they will enjoy as to ocean spaces and resources. Such issues directly relate to the continued way of life, culture, and sustainable economic growth and stability of First Nation communities into the twenty-first century.

Įmonių bankroto administravimo paslaugų teikimas yra specifinė verslo rūšis. Šia veikla užsiimantis subjektas privalo atitikti bankroto administratoriaus kandidatūrai keliamus reikalavimus. Bankroto administratoriaus veiklos specifika pasireiškia tuo, kad įmonės bankroto procese administratoriui tenka atstovauti tiek įmonės tiek ir jos kreditorių interesus. Dėl priešingų interesų konflikto administratoriaus teisinis statusas sukelia įvairių teorinių bei praktinių diskusijų. Šio darbo tikslas - išanalizuoti ir įvertinti įmonės administratoriaus atliekamas funkcijas bei vaidmenį įmonės bankroto procese. Darbe apžvelgiama bankroto administratoriaus instituto istorinė raida, detaliai nagrinėjami administratoriaus skyrimo, jo teisių ir pareigų, administratoriaus veiklos kontrolės ir atsakomybė klausimai, akcentuojami probleminiai jų aspektai. Analizuojant probleminius bankroto administratoriaus statuso klausimus, remiamasi sistemine administratoriaus veiklą reglamentuojančių teisės aktų analize, teismų praktika, periodinio pobūdžio lietuvių autorių darbais bei didesnę patirtį turinčių užsienio valstybių bankroto teisės patirtimi. / The specific deed act of bankrupt administrator assert in company bankrupt process that bankrupt administrator represent both sides of interests, the company and her creditors. The opposite interest conflict of legal administrator status raises different theoretical and practical discussion. The main paper aims – to analyze and estimate the company administrator function and role in bankrupt process. This paper analyses in detail issues the historical development of bankrupt administrator institute, the administrator’s imposition of legal proceedings and duties activity control and responsibility questions, accent main problematical aspects. / Der Verwaltungsdienst der insolventen Betriebe ist eine spezifische Art des Unternehmens. Die Person, die mit dieser Tätigkeit sich beschäftigt, muß den Anforderungen der Kandidatur des Verwalters entsprechen. Die Spezifik der Tätigkeit des Insolvenzverwalters liegt darin, dass im Prozeß der Insolvenz eines Betriebes der Verwalter sowohl die Interessen des Betriebes, als auch der Kreditgeber vertreten muß. Wegen des Konfliktes verschiedener Interessen wirft der rechtliche Status des Verwalters verschiedene theoretische und praktische Diskusionen auf. Das Ziel dieser Arbeit ist die Analyse und Bewertung der Funktionen des Insolvenzverwalters und seiner Rolle im Prozeß der Insolvenz des Betriebs. In dieser Arbeit wird auch eine Übersicht verschafft über die Entwicklung des rechtlichen Instituts des Insolvenzverwalters verschafft; weiterhin wird der Vorgang der Ernennung des Verwalters, seine Rechte und Pflichten, die Kontrolle und die Verantwortung der Tätigkeit des Verwalters gründlich analysiert: dabei werden die problematischen Aspekte besonders betont. Bei der Analyse problematischer Fragen zum Status des Insovenzverwalters wird als Grundlage sowohl die systematische Analyse der rechtlichen Normen in Zusammenhang mit der Tätigkeit des Insolvenzverwalters verwendet, als auch die gerichtliche Praxis und die Publikationen der litauischen Autoren, aber auch anderer Länder, die auf dem Gebiet des Insolvenzrechts Erfahrung haben.

Darbe analizuojami bendrovės vadovo civilinės atsakomybės teisinio reglamentavimo Lietuvoje trūkumai ir spragos bei, remiantis užsienio valstybių praktika ir tendencijomis, pateikiami pasiūlymai identifikuotų trūkumų šalinimui. Darbe bendrovės vadovų atsakomybė vertinama ne tik iš kreditorių ir bendrovės pozicijų – į vadovo atsakomybės teisinį reguliavimą pažvelgta taip pat ir iš bendrovės vadovo pozicijų. Darbe siūloma bendrovės vadovo, kaip civilinės atsakomybės subjekto, sąvoką, iki šiol neturinčią jokios aiškios koncepcijos ir turinio, deformalizuoti. Išnagrinėjus bendrovės vadovo pareigų bendrovei turinį, prieita išvada, jog šiuo metu galiojantys teisės aktai sudaro prielaidas klaidingai suvokti bendrovės vadovo pareigas bendrovei, kuomet vadovas sudaro sandorį su bendrove, todėl siūloma atitinkamai koreguoti reglamentavimą. Įvertinus vadovo atsakomybę bendrovės kreditorių atžvilgiu, prieita išvada, jog būtina išlaikyti pusiausvyrą, t. y. užtikrinti tik objektyviai pagrįstą kreditorių interesų apsaugą, nepagrįstai neišplečiant jos bendrovės vadovo atsakomybės sąskaita. Kartu atkreipiamas dėmesys, jog dabartinis kreditorių teisių įgyvendinimo mechanizmas dėl specialaus reglamentavimo nebuvimo neužtikrina vadovų teisinės padėties apibrėžtumo ir užtikrintumo. / Weaknesses and lacks of legal regulation of civil liability of a company’s director in Lithuania are analyzed and suggestions, how to eliminate identified weaknesses, are given in this work, referring to the practice and tendencies of foreign countries. The liability of a company’s directors is evaluated not only from the point of view of creditors and a company, but also legal regulation of a leader’s responsibility is reviewed from the point of view of a company’s directors. In this work, the concept of a company’s director, as a subject of civil liability, which has not had a clear concept and content so far, is suggested to be deformalized. After analyzing the content of liability of a company’s director for a company, it was concluded, that recent laws capacitate to wrongly understand, what responsibilities of a company’s leader are to a company, when he transacts with a company; therefore, several suggestions to improve regulation are given. After evaluating the director’s responsibility in respect of a company’s creditors, it was concluded, that it is necessary to maintain the balance – to ensure just such interest security of creditors, which is objectively grounded, and gratuitously not to extend it for account of a liability of company’s leader. What is more, attention is drawn to the recent mechanism of creditors’ rights implementation, which does not ensure the determination and security of director’s legal status due to the absence of special regulation.

Using a multi-case study, three Ponzi schemes were investigated: Road2Gold, Bernie Madoff’s empire, and the Earl Jones affair. This grounded study used an inductive bottom-up methodology to observe and describe stakeholder mobilization in reaction to corporate fraud. This research on stakeholder behaviour in Ponzi schemes articulates new theory for describing stakeholder behaviour and possible determinants for successful mobilization to action. The data presented here point to a useful distinction in the stakeholders in a corporate fraud: reluctant and engaged stakeholders. Reluctant stakeholders seek only interest-based ends, whereas engaged stakeholders have additional identity and ideological goals shared by a mobilized group. / viii, 85 leaves : ill. ; 29 cm

South Africa's first democratic elections were held in 1994. Since then, the government has engaged itself in a process of reconstruction and development through the formulation of policies and legislation which are in line with the country‟s Constitution of 1996. Some of these policies and legislation pertain to the issue of children‟s human rights. This study, firstly, sought to analyze key South African policies and legislations related to children‟s rights that have emerged since 1994. These documents include, the Constitution of the Republic of South Africa of 1996; the Children‟s Act 38 of 2005; Education White paper 6: Building an Inclusive Education and Training Systems (Department of Education, 2001), the South African Schools Act 84 of 1996; and the National Policy on HIV/AID for learners and educators in public schools and students and educators in further education and training institutions (1999). Secondly, the study aimed to explore whether children‟s rights are a myth or reality in South Africa by analyzing secondary data gathered from a large scale research project conducted in the province of KwaZulu-Natal, titled “Mapping the Barriers to Basic Education in the context of HIV/AIDS”. The data were collected from teachers, learners in grade 3, 6 and 9; School Governing Bodies, parents, and organizations - non governmental and community based organisations working in the district. The study used an in-depth qualitative case study approach. The study involved formal and non-formal centres of learning and their communities from four community contexts: rural, deep rural, urban and peri-urban. The data set provides insight into the lives of children in these contexts. The findings suggest that several barriers experienced by children and their families to accessing their social rights embedded in key South African policy documents related to key themes that emerged in the study: risks and vulnerabilities; control, regulation and powerlessness; the commitment of quality education not being met; and childhood poverty. / Thesis (M.Ed.)-University of KwaZulu-Natal, Pietermaritzburg, 2008.

This research set out to ascertain whether the employers of domestic workers within the Msunduzi Area do comply with the requirements of Sectoral Determination 7: Domestic Worker Sector. For domestic workers who were exploited during the apartheid era, this determination was perceived as a mechanism that would liberate them (Department of Labour, 2005, p.7). Trade unions use collective bargaining as a tool to fight for employee rights. Domestic workers are unionised, but their trade unions are not as powerful as their counterparts in the private sector (Department of Labour, 2005, p.7). According to Huber (2001, p.20), one of the reasons domestic workers were excluded from most labour laws was the belief that it would be difficult to check whether or not each individual employer complied with the laws. This problem still exists and needs to be solved. Government laws were meant to protect vulnerable workers from exploitation (mainly farm and domestic workers), but what is actually happening is that, rather than protecting employees from exploitation, they serve as corrective action. They are only implemented when there is a case between an employee and the employer. The government has a responsibility to protect vulnerable employees such as domestic and farm workers. The mechanism instituted by the government to protect domestic workers was through the promulgation of Sectoral Determination 7: Domestic Service Sector, which lays down minimum working conditions for domestic workers (Department of Labour, 2005, p.9). The main aim was to alleviate exploitation of domestic workers by the employers due to the power imbalance between these two parties (Department of Labour, 2005, p.9). This study compares what the employer offers to an employee in terms of wages, working hours, meal intervals and leave. From the observation of the research, little research has been done on the compliance or non-compliance with Sectoral Determination 7: Domestic Service Sector, within the Msunduzi Region. The outcome of the findings from this research were that the minimum salary for those employees who work more than five days are R727,60 instead of R861,90 and for those domestic workers who work for five days a week it is an average of R528,93 instead of R567, 79. The results indicated that many of the standards set down by the government are clearly not being met by the employers of domestic workers, for example minimum wages are not being paid and maximum hours are being exceeded. The determination stipulated that the maximum hours that should be worked a week is 45 hours and a maximum of nine hours per day; this was not in line with the standards, seeing that the average amount of time worked per week by respondents was 46.9 hours and 9.3 hours per day. As far as meals are concerned Sectoral Determination 7: Domestic Worker Sector, indicated that the standard should be an hour meal interval for every five hours worked. Respondents from this study disagreed that they were given an hour-long lunch time and reflected that the average time taken for meals was only 30 minutes. Finally, domestic workers need to have annual leave of 21 consecutive days (Department of Labour, 2005, p.9). This standard was not being met, as the average number of days being given for annual leave is 16.5 days. Maternity leave should be given as four consecutive months for domestic workers. It was found that 89,3% of domestic workers were given maternity leave of less than the stipulated four consecutive months. Domestic workers should be given five days' leave for family responsibility (Department of Labour, 2005, p.9). The respondents indicated that this was not adhered to, as the average number of days being given to the domestic workers for family responsibility was 1.4 days. Only 13,8% of domestic workers were granted five days' family responsibility leave and approximately 67,6% received less than five days for family responsibility leave. The study recommended that there should be some kind of government policy of doing consistent spot checks in different areas in the Msunduzi Area and possibly the rest of the country. This will require the Department of Labour to increase its manpower. More labour inspectors will be needed to ensure that this whole area is sufficiently monitored. The study revealed that union officials need to devise means and ways of coming into contact with domestic workers. Employers were expected to have a copy of Sectoral Determination 7: Domestic Service Sector available, within easy access of domestic workers. / Thesis (M.B.A.)-University of KwaZulu-Natal, Pietermaritzburg, 2006.

Is it possible to redefine Aboriginal title? This study intends to answer this question through the construction of an integral doctrine of aboriginal title based on a detailed analysis of its criticisms. The author uses international law to show a possible way to redefine this part of Canadian law. After a careful review of the most important aspects of aboriginal land in international law, the author chooses the law of the InterAmerican Court of Human Rights as its framework. Using the decisions of this Court he produces an internationalized redefinition of Aboriginal title.

This research study was designed to determine the attitudes, and perceptions of Indiana high school principals concerning implementation of Section 504 of the Rehabilitation Act of 1973. The sample consisted of Indiana high school principals who held membership in the Indiana Association of School Principals. There were 222 high school principals who were requested to complete an on-line survey; 105 principals responded, which generated a response rate of 47 %.The Section 504 on-line survey was modified from an instrument in California in which the researcher studied the attitudes and perceptions of elementary school administrators (Williams, 2003).The data were analyzed, depending upon the variable, with a standard analysis of variance (ANOVA) or t-test design. Demographical data and survey responses were subjected to statistical analyses based upon the research hypothesis being examined. Demographical data collected from high school principals were degree earned, type of license, years of experience, gender, size of the school, whether the principal was responsible for implementing Section 504 plans, and if the principal categorized his school as rural, suburban, or urban.Results showed significance for high school size and whether the high school principal was responsible for implementing Section 504 plans. As high schools increased in the number of students, there was a need for principals to have additional training in implementing Section 504 plans. Another significant finding was that principals believe students with disabilities benefit educationally from having Section 504 plans at minimalcosts to their school corporations. However, principals also have a slightly negative attitude towards implementing Section 504 plans. Possible reasons for these results were discussed and a need for further research was offered. / Department of Educational Leadership

Anthropologists have long recognized the central role of social systems in enhancing environmental sustainability, but few have attempted to accurately assess the conditions under which traditional social institutions can equitably and effectively manage access to natural resources for the purposes of their use and conservation. By failing to look closely at how resource management practices are shaped both by local-level cultural institutions and the political and economic forces of government policies and markets, anthropologists have compounded the confusion surrounding the functions and capacities of traditional resource management institutions. / This dissertation examines the connections between institutional and economic incentives and resource use and management decisions among the Naso indigenous people in Bocas del Toro, Panama. The study incorporates insights from development anthropology, common property systems and political ecology to develop a multi-sited approach that uses multiple research methods. A detailed household survey (n=54 or 18% of Naso households located within the eight villages surveyed in 2004) was used to obtain socio-demographic data and to establish patterns of land tenure and resource use. Preliminary and follow-up interviews were also conducted with community leaders, government officials and representatives of various national and international organizations with a stake in the conservation and/or development of the Naso region. / As a group, the Naso were found to use both indigenous and imported technologies to manage a wide range of natural resources towards ensuring the economic, cultural and ecological viability of their communities. However, recent legislation intended to recognize Naso land rights and a hydroelectric project nearing construction on Naso lands have sought to modify the formal rules and organizations that have traditionally served to order local resource tenure and management practices. This thesis analyses the guidelines and criteria invoked by the various stakeholders involved with these projects in order to assess the equity of the distribution of their social and environmental impacts. It highlights the need to become more sceptical and sophisticated when assessing the objectives and justifications provided by the academics, government agencies, local authorities and private companies involved in the conservation and development of indigenous peoples' territorial resources.

Plant Breeders' Rights (PBR) are a form of intellectual property rights enabling breeders of new plant varieties to have the exclusive right to produce and sell propagating material of their new plant varieties. The existence of effective property rights has been pointed to as a stimulus of increased R&D and productivity. Canada has had legislation to provide PBR protection for about two decades, and is considering further strengthening of the regulatory framework. However, there are few studies that have examined the effectiveness of the legislation on crop productivity. This thesis investigates the hypothesis that the adoption of wheat varieties qualifying for Plant Breeders' Rights has increased overall wheat yields and rate of yield increase. The yield response function models are applied to industry data for western Canada and Alberta, respectively. The empirical results show that the PBR Act had a relatively small impact on wheat yields. Among wheat classes, it had a positive impact for Durum wheat in Alberta.