Magister Legum - LLM / This study is about the individual liability of councillors in South Africa. It examines and analyses whether individual liability of councillors can serve as a bulwark against the abuse of decision-making power that is vested in the municipal council.

Diplomatic immunity is one of the oldest elements of foreign relations, dating back as far as Ancient Greece and Rome. Today, it is a principle that has been codified into the Vienna Convention on Diplomatic Relations regulating past customs and practices. Consuls and international organizations, although their privileges and immunities are similar to diplomatic personnel, do differ and are regulated by the Vienna Convention on Consular Relations and the United Nations International Immunities respectively. These Conventions have been influenced by past practices and by three theories during different era’s namely exterritoriality, personal representation and functional necessity. The Vienna Convention on Diplomatic Relations further provides certain immunities and privileges to different levels of diplomatic officials, their staff and families. Privileges and immunities will be considered under various main categories, namely the diplomatic mission, the diplomatic official, diplomatic staff, and families. Each category receives privileges and immunities, for example immunities enjoyed by the diplomatic mission include mission correspondence and bags. Diplomatic officials enjoy personal inviolability, immunity from jurisdiction and inviolability of diplomats’ residences and property. The staff and families of diplomatic officials too enjoy privileges and immunities. The problem of so many people receiving privileges and immunities is that there is a high likelihood of abuse. Abuses that arise are various crimes committed by diplomats, their staff and families. They are immune from local punishment and appear to be above the local law. Although the Vienna Convention on Diplomatic Relations provides remedies against diplomats, staff and families who abuse their position, it gives the impression that it is not enough. Various Acts in the United Kingdom, United States and the Republic of South Africa will be analysed in order to ascertain what governments have done to try and curb diplomatic abuses. Each will be considered and found that although they have restricted immunity from previous practices it still places the diplomats’ needs above its own citizens. Thus several suggestions have been put forward and argued whether they are successful in restricting immunity comprehensively. Such suggestions are amending the Vienna Convention on Diplomatic Relations; using the functional necessity theory to further limit immunity; forming bilateral treaties between States as a possible means to restrict or limit; and lastly establishing a Permanent International Diplomatic Criminal Court. The key question to be answered is whether diplomatic immunity is needed for the efficient functioning of foreign relations between States.

The decline of the world’s fisheries, and the inability of traditional management frameworks to maintain them, has led managers to adopt new, alternative management frameworks. Alternative management frameworks include marine protected areas (MPA) and dedicated access privileges (DAP). The use of such frameworks has often been shown to be quite unpopular, especially with commercial fishers. In this thesis, commercial fishers’ preference for alternative management frameworks is examined in the context of the unique multispecies fisheries of the Florida Keys. By surveying commercial fishers, it was found that the size of operation plays no role in affecting fisher perception of dedicated access privileges. Furthermore, fishers who are organized are less likely to support dedicated access privilege frameworks. Finally, the fishing industry does not support the implementation of dedicated access privileges in the Florida Keys. These findings can provide inputs for managers in developing effective management plans in the region.

IKEA Industry Älmhult AB erbjuder en rad förmåner. De arbetar med olika former av friskvård, dels företagshälsovård och arbetsmiljö men även friskvårdsbidrag, massage och olika hälsoundersökningar samt tester. Företagets vision är att ovanstående satsningar ska främja personalens hälsa men menar att de används i liten utsträckning. Syftet med studien var att utifrån ett sociokulturellt perspektiv undersöka de anställdas användande av friskvårdsförmåner vid sin arbetsplats för att synliggöra betydelsen av hälsolitteracitet. Studien genomfördes genom intervjuer med en strukturerad och en semistrukturerad del. Våra data analyserades både kvantitativt och kvalitativt. Resultatet av vår studie visade att 59 % namngav friskvårdsbidrag som en förmån, men endast 28 % använder sig av det. Resultatet visade även att det krävs ytterligare information från företaget och mer lättillgänglig information kring utbud och tillvägagångssätt för att främja användandet av friskvårdsförmåner. Resultatet visade också att eget intresse, kunskap om förmåner samt behov påverkar användandet av förmåner. Vidare såg vi att möjligheten att vara delaktig i beslut gällande förmåner kan motivera anställda att använda dessa. De anställda utbyter information och kunskap genom socialt samspel. De hjälper och stödjer varandra i tolkning av information om friskvårdsförmåner och tillvägagångssätt. De anställda upplever inte att informationen om friskvårdsförmåner är lättillgänglig men vet var de ska söka information om de behöver den, vilket tyder på att de är tillräckligt hälsolitterata. De befinner sig i en arbetskultur som är öppen för lärande genom socialt samspel vilket bidrar till att mycket av informationen och kunskapen sprids kollegor emellan.Våra slutsatser är att bristfällig information, bristande kunskap om förmåner och tillvägagångssätt samt avsaknaden av intresse och behov upplevs som hinder för att använda förmånerna. Vårt förslag till företaget gällande åtgärder rekommenderar vi att sammanställa förmåner i en broschyr, involvera personalen i beslut om förmåner och vara öppna gällande anställdas möjlighet att ställa frågor till kollegor och chefer. I framtida forskning önskar vi studier kring hälsolitteracitet och dess användbarhet i andra kontexter än sjukvården. Vidare önskar vi studier av hur företag kan motivera och inspirera anställda att nyttja friskvårdsförmåner genom att uppmuntra anställda att vara delaktiga i beslut. / IKEA Industry Älmhult AB offer their employees different kind of health promotion privileges, like occupational, massage and health surveys. The company’s vision is that these privileges should work as a health promotion strategy. However, these privileges are used to a low extent. The aim of this study was to examine the use of health privileges by the employees of IKEA Industry in order to highlight the importance of health literacy.  To examine this we used the sociocultural theory. We conducted this study through interviews with structured and semi-structured items. We analysed our data quantitatively and qualitatively. The results showed that it required increased information from the company, more accessible information about the privileges and their approaches. The result also showed that interest, knowledge about health promotion privilege and needs affected the extent use of the privileges. Further, involvement in decisions about the health privilege shared to motivate employees to use them. The employees exchanged information and knowledge by social interaction. They helped and supported each other in the interpretation of the information about the privilege and the approach. The employees did not believe that the information about the health promotion privilege were easily accessible but know where they could search information if they needed it. The knowledge about how to search information indicates that they are health literate. The employees work at the company where the culture encourages learning by social interaction. This means that information and knowledge mediates by colleagues. Our conclusions are that information, lack of knowledge about the privileges and how to use it, absence of interest and needs of the privileges are barriers to use them. Our recommendation to the company is to put together a brochure inclosing all the privileges and how to use them. In addition, we recommend the company to involve the employees in decision-making and encourage them to ask questions to colleagues and managers regarding health promotion privileges. Future research should examine health literacy and it’s usefulness in other contexts then health services. Further, we require studies that focus on how company’s can motivate and inspire employees to use health promotion privilege by letting them be a part of decision-making.

My dissertation examines racial power dynamics and whiteness in a previously all-white suburban school district that is now home to a very racially, ethnically, religiously, and linguistically diverse population. Specifically, I explore how white parents make sense of and respond to changing racial demographics in their community and the extent to which whites maintain privilege and power as they comprise a declining proportion of the community population overall. In light of the current political and social context in the U.S that has accompanied demographic change, there is a great need to critically examine the racial ideologies of whites as they relate ongoing structures of inequality, particularly in suburban areas that are previous centers of white isolation and modern epicenters of demographic change. Using a multi-modal case study methodology, I found that in this particular suburban context, where residents of color possessed similar or greater levels of income and education than white residents, and students of color performed at similar levels as white students in the public schools, dominant ideologies that associated whiteness with superiority and goodness persisted and led some white parents to flee the changing community and schools. Moreover, despite the increasingly small proportion of whites in the community and schools, white parents and residents were able to leverage their racial privilege and status in ways that reasserted and maintained unequal racial power relations in Parkwood through school district policies and practices. This research highlights the often invisible and under-examined ways in which white interests are continuously centered and served in ways that reproduce structures of racism in the “post-racial” era. Overall, the findings from this study contradict dominant colorblind narratives and point to the many ways in which whiteness operates, often in surreptitious ways, to maintain the racial status quo and exert social control over people of color even in contexts in which logic might imply that the power and privilege associated with whiteness would be threatened.

Table of cases: leaves [771]-783 / Bibliography: leaves [784]-795 / 2 v. (xix, 795 leaves) ; 30 cm. / Title page, contents and abstract only. The complete thesis in print form is available from the University Library. / Thesis (Ph.D.)--University of Adelaide, Law School, 1988

Thesis (J.C.D.)--Catholic University of America, 1926. / Vita. eContent provider-neutral record in process. Description based on print version record. "Sources": p. iv. Bibliography: p. v-x.

Whatever may be the policy of a (declaratory) power in the Crown conclusively to certify the limits of its territorial sovereignty, and whatever be the ultimate fate of such a power [linked, as it is in part, to the policy of. and indeed the existence of, a (constitutive) prerogative of cession] still at all events the constituent function of the Crown is founded upon the (constitutive) prerogative of annexation, as distinct from any declaratory power. To annexation the will and pleasure of the Crown is, as a matter of constitutional law, both sufficient and necessary, without regard to any consideration of international law. The necessity of Her Majesty's pleasure is supported inter alia by the case of Staples v. The Queen (1899) (unreported), heard on application to the Privy Council for leave to appeal from the High Court of Matabeleland. A full report of the proceedings in both courts, including argument and reasons, being appended; the Privy Council deciding that territory remained foreign notwithstanding destruction by armed force of the previous native sovereignty and ensuing complete control by the Crown ... The prerogative of legislation is considered; semble a grant of representative institutions may be held subject to a reservation of the prerogative of legislation contained in an earlier but governing instrument. A prerogative of the Crown to legislate for the subject even in foreign territory, wherever the Crown has assumed a jurisdiction, is supported by limited judicial authority whose correctness is doubted. The true extent is considered of the continuance of existing laws in conquered and ceded territories. The establishment of legislative institutions is considered. The incidents of these institutions are elaborated upon, and particularly the privileges of legislative bodies erected by the Crown. An account is given of the events in Newfoundland in August, 1838, giving rise to the leading case of Dr. Kielley in the Courts of Newfoundland, and, on appeal, in the Privy Council, laying down the rule that only necessary incidents are enjoyed at common law and not the lex et consuetude parliament! as known at Westminster: the rule herein laid down being applied more particularly against a power of committal for contempt. Earlier colonial and Privy Council precedents in the opposite sense are discussed. The rule is suggested to be one dictated by considerations of policy simply, and not determined by any particular view of the true basis of privilege in England. If anything, assimilation of the lex et consuetudo parliamenti to the common law serves as an argument for its passage to the colony, while attribution to lost statute might tend to establish peculiarity to England and colonial inapplicability; but the rule of inapplicability may be applied in any event.

My thesis is focused on the subject of working with distant stations connected with the laboratory control of Cisco academy. Station operations, i.e. laboratory control, have been carried in the environment of the Linux operating systems. The first part of the thesis includes a description of the laboratory, its network architecture and software equipment. Also, the VMware tool is described here. VMware tool is intended for virtualization of computer stations, where the virtual station is created. In this virtual station another operating system may be run. The problems of the command interpreter, its function and possibilities are described here too. Main attention is devoted to the Bash command interpreter and to the creation of the scripts. There are descriptions of the basic tools intended for the network communication with the distant stations. Among the most important parts belong the protected communication, the production of the autentization keys as well as the tool for data recording on more stations at the same time. The description of the access rights to the files and directories is included too. The target of this thesis was to create the scripts in the Bash programming language. The scripts are focused on working with the laboratory stations. They are the sublayers of the common project for this laboratory control. They were developed for the cooperation with the the web interface and MySQL database, created by Bc. Zdeněk Hrabal. The Scripts are intended for the finding information about the stations and virtual systems, and also for the recording images and configuration files of the virtual systems at the distant stations. Recording files and directories is enabled too. The other scripts deal with the erasing and changing of the rights of the particular files and directories. Setting commads with the super-user competence is used at this place. The scripts for the switching on and off the laboratory workstations were created too. To solve the problem described above I chose to develope more scripts. Each of them subserves the particular part of the task. The form of the input and output data of the scripts was select with the reference to the cooperation with the web interface and database. The data are implemented by the form of the input and output files. The output information and the process of the carried operations are displayed through the web interface. The scripts together with the web interface are placed and run from the school server adela.utko.feec.vutbr.cz. In the thesis the settings of the access privileges for the current directories and the files of virtual systems and scripts are presented too.

[pt] O presente trabalho tem por objetivo compreender a perpetuação do discurso dos saberes ocidentais na margem do mundo, através da criminologia positivista, com a tradução de Lombroso feita por Nina Rodrigues, expoente no país da Escola Positivista. A partir da revisão bibliográfica buscou-se compreender, sob a perspectiva da colonialidade do saber e do ser, a invasão e colonização da América como fenômeno criador da segregação racial, constituindo-se nas primeiras demarcações da raça como conhecemos. Com essa ideia de construção do outro, Lombroso partiu dos estudos científicos para explicar o controle repressivo das sociedades centrais. A criminologia positivista partiu da ideia de degeneração dos indivíduos e na inferioridade biológica para explicar as razões da criminalização. Levando-se em conta a técnica do centro do mundo, os países latino-americanos importaram os estudos de criminologia para a margem, fortalecendo a relação de dependência centro-margem. No Brasil, as elites precisavam criar mecanismos ideológico-políticos para a manutenção no poder após a abolição da escravidão e instauração da república. A questão racial foi o ponto central nesse projeto racista confirmado pelos estudos de Nina Rodrigues, dividindo as raças, posicionando o problema do negro e o mestiço como fatores preocupantes para o futuro do país. A personificação do outro criminalizável influenciou a formação sócio-política brasileira, de maneira que o sistema penal é o responsável pela perpetuação de privilégios e vantagens históricas usufruídas pelos descendentes dos europeus. A continuidade do pensamento sobre o outro criminalizável demonstra o quantum de positivismo criminológico ainda possuímos. / [en] The presente work aims to understand the perpetuation of the discourse of western knowledge on the world, through positivista criminology, with the translation of Lombroso made by Nina Rodrigues, exponente in the country of the Positivist School. From the literature review, we sought to understand, from the perspective of the coloniality of knowledge and being, the invasion and colonization of America as a phenomenon that created racial segregation, constituting the first demarcations of race as we know it. With this idea of building the other, Lombroso started from scientific studies to explain the repressive control of central societies. Positivist criminology started from the ideia of degeneration of individuals and biological inferiority to explain the reasons for criminalization. Taking into account the technique of the center of the world, Latin American countries imported criminology studies to the margins, strenthening the center-margin dependency relationship. In Brazil, the elites needed to create ideological-political mechanisms to mantain power after the abolition of slavery and the establishment of the republic. The racial issue was the central point in this racista project confirmed by the studies of Nina Rodrigues, dividing the races, positioning the black problem and the mestizo as worrying factors for the future of the country. The personification of the criminalizable other influenced the Brazilian sócio-political formation, so that the penal system is responsible for the perpetuation of privileges and historical advantages enjoyed by the descendants of Europeans. The continuity of thinking about the criminalizable other demonstrates the quantum of criminological positivismo we still have.