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Magister Legum - LLM / German Academic Exchange Service (DAAD)

This study focuses specifically on the laws and regulations relating to commercial fishing within the Exclusive Economic Zone of South Africa and the impact of illegal fishing (IUU). The goal is to determine how overfishing can be stopped or minimised and ultimately for South Africa to harvest the illegally caught fish in such a way that it becomes part of the South African economy and generates revenue. The study will analyse the international legal instruments applicable and their impact on the development of the South African maritime laws. An in depth look at the relevant South African maritime laws will be vital as to determine if these laws are adequate to protect the fish resources from illegal exploitation and official mismanagement. To see if South Africa’s maritime laws are lacking with other countries a comparison must be done, particularly with a country like Australia that has one of the highest success rates when it comes to combating IUU fishing. It will be found that the international legal instruments and agreements on the use of the sea have afforded rights and powers to coastal states to protect their sea zones, but it will remains the responsibility of each coastal state to determine how it will use these rights and powers to protect its own sea zones. Further it will be shown that South Africa has the necessary legislative measures in place to protect its fish resources, but the problem lies with the implementation of those measures Australia does not only rely on its legislation to stop IUU fishing, but it also uses external methods, that South Africa will have to consider. / LLM (Import and export Law), North-West University, Potchefstroom Campus, 2014

This study focuses specifically on the laws and regulations relating to commercial fishing within the Exclusive Economic Zone of South Africa and the impact of illegal fishing (IUU). The goal is to determine how overfishing can be stopped or minimised and ultimately for South Africa to harvest the illegally caught fish in such a way that it becomes part of the South African economy and generates revenue. The study will analyse the international legal instruments applicable and their impact on the development of the South African maritime laws. An in depth look at the relevant South African maritime laws will be vital as to determine if these laws are adequate to protect the fish resources from illegal exploitation and official mismanagement. To see if South Africa’s maritime laws are lacking with other countries a comparison must be done, particularly with a country like Australia that has one of the highest success rates when it comes to combating IUU fishing. It will be found that the international legal instruments and agreements on the use of the sea have afforded rights and powers to coastal states to protect their sea zones, but it will remains the responsibility of each coastal state to determine how it will use these rights and powers to protect its own sea zones. Further it will be shown that South Africa has the necessary legislative measures in place to protect its fish resources, but the problem lies with the implementation of those measures Australia does not only rely on its legislation to stop IUU fishing, but it also uses external methods, that South Africa will have to consider. / LLM (Import and export Law), North-West University, Potchefstroom Campus, 2014

Health care changes, including increased hospital admissions, an aging population and the chronicity of diseases and conditions have led to increased collaboration with unregulated professionals. Within the professions of occupational therapy and physiotherapy, there is a paucity of literature that addresses the perceptions of Occupational Therapist Assistants and Physiotherapist Assistants (OTAs and PTAs) with respect to their competence in clinical practice. This research study investigates the perceptions of clinical competence of OTA and PTA graduates from one Ontario community college. A phenomenological theoretical framework was used to explore the participants’ lived experiences. Eight individual in-depth interviews were used to gather data representing the graduate OTAs and PTAs’ perspectives. In addition, the viewpoints from a stakeholder focus group of eight participants comprised of occupational therapists, physiotherapists, and administration personnel from one Ontario hospital were used to triangulate the data.. Four themes emerged: 1) employing effective communication, 2) emerging knowledge, skills and competencies in clinical practice, 3) transitioning into clinical practice, and 4) developing confidence as an OTA and PTA. The Person Environment Occupation (PEO) model (Law et al., 1996) was used to organize the themes and to assist in determining the optimal fit between the themes. Confidence was articulated as a continuous concept that facilitated the graduates’ competence in their clinical skills. Proficiency in their roles, a supportive transition, and demonstrated competence were the presenting factors that empowered the graduate OTAs and PTAs to affirm their competence in clinical practice. This research study is foundational for future research related to OTAs and PTAs in the areas related to use of title, educational credentialing, and collaborative competency documentation. / Thesis / Master of Science (MSc) / Currently, there are changes in health care services that require modifications to the delivery of the treatment. Occupational Therapist Assistants and Physiotherapist Assistants (OTAs and PTAs) work within patient rehabilitation; however, their perceptions of competence have not been assessed. This study reviews the perceptions of the OTAs and PTAs when completing their role with patients by interviewing them and interviewing the staff that work with them. The data from this thesis will provide us with an enhanced understanding of the perceptions of OTAs and PTAs and the supports they believe enable them to be competent and confident health care professionals. This information will facilitate the identification of the next steps in research specific to OTAs and PTAs in the areas of competency and educational programs.

With lower output voltage (lower than 1V) and higher output current (more than 160A) required in the near future, the voltage regulators for the microprocessors, a kind of special power supplies are facing more and more critical challenges to achieve high efficiency and high power density. 90% plus efficiency for CPU VRs is expected from industry not only for the thermal management, but also for saving on electricity costs, especially for the large data-center systems. At the same time, high power density VRs are also desired due to the increasing power consumption of microprocessors as well as the precious space on CPU motherboard. Current multi-phase Buck VR has its limitation to achieve 90% plus efficiency. With the state of art devices, the single-stage 12V/1.2V 600kHz Buck VR achieves 85% to 86% efficiency at full load condition. In addition, for the future lower output voltage application, the Buck efficiency will drop another 3~4% due to the extreme small duty cycle. From the power density point of view, due to the switching frequency limitation (normally, from 300 kHz to 600 kHz for typical CPU VRs) for acceptable efficiency performance, the multi-phase Buck VR is unable to ensure a small size since it needs bulky output capacitors to meet the challenging transient requirement as well as the output impedance requirement with relatively low bandwidth design. To attain high efficiency and high power density at the same time, in-series two-stage power architecture was proposed. By cutting the single stage into two and utilizing the low voltage devices, the in-series two stages can achieve around 87% efficiency which is similar as single stage with second-stage operating at 1 MHz for less cost. Compared with the in-series one, the other two-stage power architecture is called "Sigma" architecture which is composed by an unregulated converter (DCX) and a regulated buck converter, with a special connection where the inputs are in series while outputs are paralleled. Through this topology, unlike the in-series two-stage where both two stages deliver the full load power, the power will be distributed between unregulated DCX and regulated Buck. If the unregulated DCX can achieve high efficiency, let most power be handled by it and just small power from buck, the Sigma architecture can achieve high efficiency performance based on this concept. The design consideration and process had been investigated by CPES previous graduates. By the designed 1.2V/120A Sigma VR circuit, approaching 90% efficiency was achieved which is around 3~4% efficiency higher than state of the art multi-phase Buck VR. However, it is not the optimal design for best efficiency performance, the improvement methods for higher efficiency is deeply considered and the efficiency potential benefit of this special structure will be clarified in this thesis. Besides the efficiency interest, transient performance of Sigma VR is also a challenging issue needed to be addressed. The state of the art Buck VR needs a bunch of output bulk capacitors to meet the stringent output impedance requirement from Intel and those output bulk capacitors occupy too much space in the motherboard. For Sigma architecture, through the help of the low impedance DCX which can achieve faster current dynamic response, some low voltage bulk capacitors could be replaced by smaller input high voltage capacitors. It is still not clear for us to identify how input capacitor impacts the DCX dynamic current response and how to best choose this impact factor. This thesis will investigate the faster DCX dynamic current performance of Sigma VR, and explain the dynamic impacts from input capacitors, from control design and from DCX impedance Lout. The high voltage capacitors could provide energy through low impedance DCX to deal with the transient load with smaller capacitance, resulting less total cost and footprint with conventional Buck solution. Low impedance DCX is also a desire for achieving fast current response for providing a "non-obstacle" path when energy transferring from input capacitors. The control also has the impact to the DCX current response when the bandwidth is higher than certain frequency. The transient benefit will also be discussed from impedance perspective. In order to improve the efficiency and power density of Sigma VR, several methods are proposed. As a critical component of DCX, the transformer design determines the performance of Sigma VR both to efficiency and power density. By optimizing the transformer design to achieve lower winding loss and smaller leakage inductance, the higher efficiency and faster transient DCX can be obtained. Changing the output capacitors to ceramic ones is helpful when control bandwidth is greater than 100 kHz for both lower cost and smaller footprint. Continually pushing bandwidth can reduce the required output ceramic capacitor number further. In addition, from the study of the loss breakdown, by adjusting the energy ratio of DCX and Buck can achieve higher efficiency based on current device level. What is more, with the same simple concept of adjusting power ratio of DCX and Buck, with the development of devices in the future as well as higher efficiency DCX, Sigma architecture will be more attractive for future's lower output voltage VR application. And it will also be more efficient considering higher than 12V input bus voltage by letting high efficiency DCX handle more power. Utilizing this characteristic, changing the power system delivery architecture from AC input to the microprocessors, the end to end efficiency could be improved. / Master of Science

Doctor of Philosophy / Department of Biological & Agricultural Engineering / James K. Koelliker / Over the past decades, it has been observed that the streamflow characteristics in the Great Plains rivers have substantially changed. These changes have affected and will continue to affect the management decisions within the watershed. This study was undertaken to document the changes for some unregulated streams in Kansas, characterize the streams in terms of some hydrologic indices, and identify the probable factors influencing the changes. Fourteen unregulated streams with 60 or more years of daily discharge data geographically distributed across the state were used. The analysis focused on hydrologic indices judged to be relevant to the lotic ecosystem. The state was divided into four regions, representing roughly the northwest, southwest, northeast and southeast sections of the state. Log Pearson III method was used for computing flow probabilities, Mann-Kendall test in conjunction with Sen’s slope estimator was used for trend analysis, whereas the indicators of hydrologic alterations software was used to generate most hydrologic indices. Several factors believed to affect the streamflow were identified, and their influence was modeled over time. A multi-variate statistical model was run. Results show that there is substantial difference in the streamflow characteristics between the western and eastern regions. Many streamflow aspects have changed over time, and a number of them show significant and important change. Most streams in western Kansas have longer and more frequent dry periods. Potential recharge rate, land use, water use, soil and water conservation practices, and soil type were significant factors influencing the median to very low flow, but the effect varied among the regions. Results of this study could be useful to decision makers, water users, watershed stakeholders, and environmental conservation advocates in addressing problems and concerns related to stream and river management.

O objetivo desta dissertação é apresentar uma análise profunda sobre os contratos built to suit ou contratos de locação nos contratos de construção ajustada. Para tanto, parte-se do exame das peculiaridades, obrigações e dos deveres inerentes a esse modelo contratual. A partir daí, com base na teoria dos contratos atípicos, busca-se apresentar as variáveis e os critérios que podem nortear sua qualificação e, como consequência, a definição das regras a ele aplicáveis. Pretende-se também apresentar o exame do contrato no contexto de conexão negocial no qual ele normalmente se insere na prática jurídica. As conclusões dessa análise serão, ao final, examinadas à luz da Lei do Inquilinato, especialmente das alterações incluídas pela Lei nº. 12.744, de 19 de dezembro de 2012. / The purpose of this essay is to present an in-depth assessment of built to suit contracts or lease agreements in adjusted construction contracts. To that end, this essay will first analyze the particularities, obligations and duties that are inherent to that contractual type. Subsequently, based on the unregulated contracts doctrine, this essay will seek to present the variables and criteria that may serve as guidelines to qualify those contracts and, accordingly, to unveil the rules applicable to them. This paper will also examine those contracts in their business context from a legal practice perspective. Lastly, the conclusions of this assessment will be considered in light of the Brazilian Tenancy Law, and more specifically of the amendments brought by Law No. 12,744, of December 19, 2012.

The past two decades have resulted in an increase in international trade, capital flows and cross-border economic integrations. These phenomena have increased the demand for harmonized international accounting standards aimed at creating an efficient resource allocation, worldwide. The adoption of International Financial Reporting Standards (IFRS) is the result of a process towards a greater accounting harmonization. In Sweden, there are four categories of firms that apply IFRS; three are regulated by law, while the fourth are voluntary applying IFRS. The aim of this study is to find out which factors explain why firms voluntarily apply IFRS. By doing one quantitative and one qualitative study of the firms listed on the Swedish unregulated capital markets, we have found that there are 84 firms that voluntarily apply IFRS, that is 35 percent. The significant factors explaining the voluntarily application of IFRS are the use of an audit firm within the big four (PricewaterhouseCoopers, KPMG, Ernst & Young and Deloitte) and the number of firms within the same industry that voluntarily applies IFRS. Their voluntary application of IFRS has been explained to primarily depend on the advantages increased internal control, a more extensive and detailed annual report and more investors. In addition, the use of IFRS indicates quality and the firm will  be seen as a good corporate citizen.

O objetivo desta dissertação é apresentar uma análise profunda sobre os contratos built to suit ou contratos de locação nos contratos de construção ajustada. Para tanto, parte-se do exame das peculiaridades, obrigações e dos deveres inerentes a esse modelo contratual. A partir daí, com base na teoria dos contratos atípicos, busca-se apresentar as variáveis e os critérios que podem nortear sua qualificação e, como consequência, a definição das regras a ele aplicáveis. Pretende-se também apresentar o exame do contrato no contexto de conexão negocial no qual ele normalmente se insere na prática jurídica. As conclusões dessa análise serão, ao final, examinadas à luz da Lei do Inquilinato, especialmente das alterações incluídas pela Lei nº. 12.744, de 19 de dezembro de 2012. / The purpose of this essay is to present an in-depth assessment of built to suit contracts or lease agreements in adjusted construction contracts. To that end, this essay will first analyze the particularities, obligations and duties that are inherent to that contractual type. Subsequently, based on the unregulated contracts doctrine, this essay will seek to present the variables and criteria that may serve as guidelines to qualify those contracts and, accordingly, to unveil the rules applicable to them. This paper will also examine those contracts in their business context from a legal practice perspective. Lastly, the conclusions of this assessment will be considered in light of the Brazilian Tenancy Law, and more specifically of the amendments brought by Law No. 12,744, of December 19, 2012.