Submitted by Biblioteca Central (biblioteca@unicap.br) on 2018-02-20T18:46:15Z No. of bitstreams: 1 luciana_dubeux_beltrao_alves.pdf: 956924 bytes, checksum: fe447bb04565c967568539b155eb6937 (MD5) / Made available in DSpace on 2018-02-20T18:46:15Z (GMT). No. of bitstreams: 1 luciana_dubeux_beltrao_alves.pdf: 956924 bytes, checksum: fe447bb04565c967568539b155eb6937 (MD5) Previous issue date: 2017-11-04 / Why is the outcome of the judgment of the Declaration of Appeal tending to be improper if it constitutes a mechanism for improving the judicial decision? The traditional civil procedural dogma teaches that the appeal of appeals of declaration is an important resource for perfecting the jurisdictional provision because they are intended to clarify a judicial decision, remedy omissions, correct contradictions or material errors in the contested decision. However, the results of the adjudication of seizure cases demonstrate that these remedies are largely unproven. In this way, the present research intends to analyze these results and its influence on the role in the jurisdictional activity under the aegis of the general theory of the utility of the resources. The decisions handed down by the Public Law organs of the Court of Justice of the State of Pernambuco will be analyzed, considering that there is a significantly higher number of confiscation embargoes in these judging bodies, than in the Civil and Criminal Chambers of this same court. / Por que o resultado do julgamento dos Embargos de Declaração tende a ser pelo improvimento do recurso se eles constituem num mecanismo de aperfeiçoamento da decisão judicial? A tradicional dogmática processual civil ensina que o recurso de embargos de declaração é um recurso importante para o aperfeiçoamento da prestação jurisdicional porque eles se destinam a aclarar uma decisão judicial, sanar omissões, corrigir contradições ou erros materiais na decisão recorrida. Entretanto, os resultados dos julgamentos dos embargos de declaração demonstram que estes recursos são improvidos em sua maioria. Desta forma, a presente pesquisa pretende analisar estes resultados e sua influência no papel na atividade jurisdicional sob a égide da teoria geral da utilidade dos recursos. Serão analisadas as decisões proferidas pelos órgãos de Direito Público do Tribunal de Justiça do Estado de Pernambuco, tendo em vista que há um maior significativamente superior de embargos de declaração nestes órgãos julgadores, do que nas Câmaras Cíveis e Penais deste mesmo tribunal.

The study was aimed at assessing perceptions of local communities on the use of coastal natural resources in Coffee Bay and the “Hole in-the Wall” area. The environmental impact caused by non–compliance with environmental legislation was also assessed. Data was obtained through interviews conducted with members of 50 households chosen randomly and questionnaires that were distributed to government departments in charge of the resources. The study found that due to high illiteracy and unemployment in the area, people were compelled to use the available coastal natural resources to satisfy their basic needs. About 70% of them were aware of the legislation but felt they could not comply with it since they had not been consulted. The study’s recommendations are that the community should be consulted on legislation, more environmental awareness campaigns should be conducted and government plans should be aligned in terms of service delivery / Environmental Sciences / M.Sc. (Environmental Management)

This paper outlines the current state of environmental legislation and administration in Botswana, identifying the various problems with that system. Those problems include fragmented and overlapping administration and out-dated legislation that is not in keeping with modem, holistic approaches to environmental management, ineffective and unreliable enforcement, compounded by rampant non-compliance. The paper then considers some the developments that are being made to improve this situation, including: the conversion of the environmental agency into a department and the introduction of an over-reaching environmental Act, preparation of a wetlands conservation strategy, the introduction of environmental impact assessment legislation. The paper concludes by querying the effectiveness of those developments when unsustainable attitudes continue to predominate in the country / Law / LL.M.

California has one highly-coveted possession: the Bay-Delta, which is the second largest estuary in the United States. Today, tensions are higher than ever as Southern California continues to grow and demand water from the Delta, agriculture suffers from drought and less-than-promised water allocations, and aquatic life diminishes due to environmentally damaging processes like pumping and exporting of water elsewhere. This paper will examine the historic policies that have shaped how the Delta has been managed, their successes and failures, and current plans in discussion for continuing improvement of the Delta. The Bay-Delta Conservation Plan and the Sacramento-San Joaquin Valley Water Reliability Act (HR 1837) are the specific current plans presented and analyzed for potential effectiveness. Despite some of the promising suggestions in HR 1837 and the Bay-Delta Conservation Plan, the Delta will remain a problem in the 21st century until stakeholders from all perspectives compromise enough to enact a single, clear-cut solution.

The principal research question addressed in this thesis is how the effectiveness of an environmental legal system can best be evaluated. A legal system is effective if it is achieving or likely to achieve its objectives. For an environmental legal system this means achieving sustainable development. The hypothesis tested in relation to this research question is that the pressure-state-response ("PSR") method of State of the Environment ("SoE") Reporting provides the best available framework for evaluating the effectiveness of an environmental legal system. A subsidiary research question addressed in this thesis is whether the environmental legal system protecting the Great Barrier Reef ("GBR") in north-eastern Australia is likely to achieve sustainable development of it. The hypothesis tested in relation to this research question is that the environmental legal system protecting the GBR is likely to achieve sustainable development of the GBR. The principal method used to address these research questions and test the hypotheses is a case study of the effectiveness of the laws protecting the GBR. Particular emphasis is given in the case study to climate change both because it is now recognised as the major threat to the GBR and is a topic of significant international and national interest. This thesis is intended to contribute, in particular, to the current public and policy debate on responding effectively to climate change by using the GBR as a yardstick against which to measure "dangerous climate change" and, conversely, acceptable climate change. There are five major findings of the research. First, most of the legal writing regarding environmental legal systems is descriptive, explanatory and interpretative rather than evaluative. Second, most legal writers who attempt to evaluate the effectiveness of part or the whole of an environmental legal system implicitly use the PSR method and refer to pressures, conditions, and responses but do not acknowledge this conceptual framework. Third, the best available conceptual and analytical framework for evaluating the effectiveness of an environmental legal system is the PSR method. It is the simplest, most systematic, comprehensive and meaningful framework with the greatest predictive power for evaluating the effectiveness of the total social and legal response to human-induced environmental degradation currently available. Fourth, current practice in SoE reporting, at least in relation to the GBR, is largely descriptive and rarely evaluates the effectiveness of the response. The fifth major finding of this research is that, while there are many effective parts of the response to pressures on the GBR, the current environmental legal system is not likely to be effective in preventing climate change from causing very serious damage to the GBR. Based on what we know at this point in time, particularly the technology that is currently available and current greenhouse gas emissions, the impacts of climate change appear likely to swamp the many good aspects of the legal system protecting the GBR. Atmospheric concentrations of carbon dioxide in 2005 were approximately 379 parts per million ("ppm") and rising by 2 ppm per year. Including the effect of other greenhouse gases such as methane, the total concentration of atmospheric greenhouse gases was around 455 ppm carbon dioxide equivalents ("CO2-eq") in 2005, although the cooling effect of aerosols and landuse changes reduced the net effect to around 375 ppm CO2-eq. Limiting the total increase in mean global temperature to approximately 1°C requires stabilization of atmospheric greenhouse gases and aerosols around 350 ppm CO2-eq. Increasing the net effect of greenhouse gases and aerosols to 450-550 ppm CO2-eq is expected to result in a 2-3°C rise in mean surface temperatures. There are currently no international or national legal constraints to hold greenhouse gas concentrations beneath these levels and they appear likely to be exceeded. These increases in mean global temperatures are expected to severely degrade the GBR by 2030-2040. Even the targets being set by the new Australian Government of reducing Australia's greenhouse gas emissions by 60% by 2050 appear insufficient to protect the GBR. If a 60% reduction in emissions can be achieved globally by 2050 a rise in mean global temperature of around 2.4°C is expected. This indicates the environmental legal system protecting the GBR is not likely to be effective in relation to climate change and, therefore, is failing to reach its objective of sustainable development. Three major recommendations arise from the research. First, legal writers attempting to evaluate the effectiveness of the whole or part of an environmental legal system should use and acknowledge the PSR method. Second, SoE reports should include a stand-alone chapter evaluating the effectiveness of the response. Third, the environmental legal system protecting the GBR should take strong and comprehensive measures to reduce greenhouse gas emissions if the objective of sustainable development is to be achieved. Such measures should include setting policy targets for stabilizing atmospheric greenhouse gas and aerosol concentrations around 350 ppm CO2-eq to limit increases in mean global temperature to 1°C. Policy targets of stabilizing atmospheric greenhouse gases and aerosols at 450-550 ppm CO2-eq to limit increases in mean global temperatures to 2-3°C are likely to be too high to avoid severe impacts of coral bleaching to the GBR.

This paper outlines the current state of environmental legislation and administration in Botswana, identifying the various problems with that system. Those problems include fragmented and overlapping administration and out-dated legislation that is not in keeping with modem, holistic approaches to environmental management, ineffective and unreliable enforcement, compounded by rampant non-compliance. The paper then considers some the developments that are being made to improve this situation, including: the conversion of the environmental agency into a department and the introduction of an over-reaching environmental Act, preparation of a wetlands conservation strategy, the introduction of environmental impact assessment legislation. The paper concludes by querying the effectiveness of those developments when unsustainable attitudes continue to predominate in the country / Law / LL.M.

Heirs' property is generated through the intergenerational transfer of a property to several co-owners when the original owner dies without a will. Such co-owners hold undivided fractional interest in the entire land but lack a clear title. Co-owners face several legal, financial, and technical constraints to manage the forestlands and often seek partition of the land. However, the legal environment and empirical assessment of partition actions on forestlands owned as heirs' property has not been examined. This thesis evaluates statutory laws relevant to forestland partition and the factors instrumental in adjudicating partition lawsuits. The findings reveal that partition lawsuits are primarily adjudicated using common law rather than statutory law. The magnitude of co-owners' fractional interest, the income withheld from forestlands, and the presence of absentee co-owners favor partition claimants. The study results have implications for heirs' property owners, legal entities and personnel, and policymakers.

Energy conservation, efficiency and renewable energy have become a vital part of everyday life and business. The increase in energy cost and the consequences of greenhouse gas emissions necessitates energy management and in particular energy risk management within organisations. Organisations need to manage the possible negative effect that the increased costs will have within the organisation. The present research investigated the introduction of a structured approach to energy risk management within the financial services sector of South Africa. The research followed a quantitative, non-experimental research design by using a structured questionnaire. The questionnaire was sent to managers within the financial services sector. The research investigated the criteria for the implementation of a structured approach to energy risk management such as organisational requirements (culture, corporate social responsibility, management, and finance), governance, energy strategies (energy conservation, efficiency and renewable energy), risk identification, risk management and lastly communication and review. The research found that the structured approach to energy risk management should include the context within the organisation namely organisational requirements, governance and energy strategies. Thereafter the risks within the energy strategies need to be identified, analysed and evaluated, and control measures need to be implemented. It is important to monitor the various energy strategies continuously in order to identify corrections and implement preventative actions. The strategies need to be reviewed and communicated in terms of the various strategies to all stakeholders within the organisation in order to set continual improvement plans. Risk management should form part of the energy management strategies of organisations. The research showed that energy risk management plays an important role in the overall business strategy and that the vast majority of financial services organisations have already implemented some form of energy management. There are however aspects that are still lacking within management strategies that need attention. / D. Phil. (Management Studies) / Business Management