subject:(law)

University of KwaZulu-Natal

1. Ruhomah, Hansa. A critical analysis of the lack of consideration of small scale fisheries in the allocation of fishing rights in South Africa.

Degree: LL.M., Law, 2013, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/9169

► Marine resources, in particular the fishing industry, continue to play a major role in sustaining South Africa’s economy and social development and contribute to employment… (more)

Subjects/Keywords: Law.

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APA (6^th Edition):

Ruhomah, H. (2013). A critical analysis of the lack of consideration of small scale fisheries in the allocation of fishing rights in South Africa. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/9169

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Ruhomah, Hansa. “A critical analysis of the lack of consideration of small scale fisheries in the allocation of fishing rights in South Africa.” 2013. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/9169.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Ruhomah, Hansa. “A critical analysis of the lack of consideration of small scale fisheries in the allocation of fishing rights in South Africa.” 2013. Web. 24 Apr 2018.

Vancouver:

Ruhomah H. A critical analysis of the lack of consideration of small scale fisheries in the allocation of fishing rights in South Africa. [Internet] [Thesis]. University of KwaZulu-Natal; 2013. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/9169.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Ruhomah H. A critical analysis of the lack of consideration of small scale fisheries in the allocation of fishing rights in South Africa. [Thesis]. University of KwaZulu-Natal; 2013. Available from: http://hdl.handle.net/10413/9169

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

2. Rampersad, Kereen. The interface between the Insolvency Act 24 of 1936 and the National Credit Act 34 of 2005.

Degree: LL.M., Law, 2013, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/9771

► The Insolvency Act 24 of 1936 regulates the debtor’s estate when sequestrated for the benefit of creditors. The debtor must prove that sequestration will be… (more)

▼ The Insolvency Act 24 of 1936 regulates the debtor’s estate when sequestrated for the benefit of creditors. The debtor must prove that sequestration will be to the advantage creditors and as such creates a stumbling block in the way of the debtor when applying for the voluntary surrender of his estate. Sequestration is viewed as a drastic measure due to the consequences attached to it. The sequestration procedure is often used by debtors as a form of debt relief as, subsequent to the sequestration procedure, the debtor may become rehabilitated. The effect of rehabilitation is that it discharges the debtor of all pre-existing debts and disabilities resulting from sequestration. Compulsory sequestration is often used as a debt relief measure by the debtor in the form of the so-called ‘friendly sequestration’. One of the reasons for this is that the onus of proof is much less burdensome as compared to the onus required in voluntary surrender by the debtor of his estate. South African law provides for alternative debt relief measures falling outside the scope of the Insolvency Act, including debt rearrangement in terms of section 86(7)(b) or debt restructuring in terms of section 86(7)(c) as a result of debt review in terms of the National Credit Act 34 of 2005 (NCA). However this procedure does not offer the debtor the opportunity of any discharge from his debts as the order expires only after the administration costs and all of the listed creditors have been paid in full. Further the NCA does not mention the Insolvency Act and this has led to problems in the application of both Acts and inconsistencies between them. An application for debt review by the debtor has been held to constitute an act of insolvency. Thus the creditor can use this very act of the debtor to have the debtor’s estate sequestrated. This is possible as an application for the sequestration of the debtor’s estate is not considered to be an enforcement of a debt by legal proceedings for the purposes of section 88(3) of the NCA and such actions by the creditor are not prohibited by the NCA. This was stated in Investec Bank Ltd v Mutemeri 2010 (1) SA 265 (GSJ) and was subsequently confirmed by Naidoo v ABSA Bank 2010 (4) SA 597. The consequence of this is that a debtor’s estate may be sequestrated even where he has applied for debt review. Currently, as stated by Van Heerden and Boraine, there is no explicit regulation by the legislature of the interaction between the provisions of theInsolvency Act and the NCA. In terms of FirstRand Bank v Evans 2011 (4) SA 597 (KZD) a debtor’s estate may be sequestrated even after a debt rearrangement order has been confirmed by a court in terms of the NCA. This clearly operates to the disadvantage of a debtor. Comparing the position with that in foreign jurisdictions such as the United States of America and England and Wales shows a lack of balance between the interests of the creditor and the debtor. South African insolvency law is not aligned with internationally acceptable standards because it is too creditor… Advisors/Committee Members: Steyn, Lienne (advisor).

Subjects/Keywords: Law.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Rampersad, K. (2013). The interface between the Insolvency Act 24 of 1936 and the National Credit Act 34 of 2005. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/9771

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Rampersad, Kereen. “The interface between the Insolvency Act 24 of 1936 and the National Credit Act 34 of 2005.” 2013. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/9771.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Rampersad, Kereen. “The interface between the Insolvency Act 24 of 1936 and the National Credit Act 34 of 2005.” 2013. Web. 24 Apr 2018.

Vancouver:

Rampersad K. The interface between the Insolvency Act 24 of 1936 and the National Credit Act 34 of 2005. [Internet] [Thesis]. University of KwaZulu-Natal; 2013. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/9771.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Rampersad K. The interface between the Insolvency Act 24 of 1936 and the National Credit Act 34 of 2005. [Thesis]. University of KwaZulu-Natal; 2013. Available from: http://hdl.handle.net/10413/9771

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

3. Siyo, Lunga Khanya. Judicial independence in South Africa : a constitutional perspective.

Degree: LL.M., Law, 2012, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/9769

► This dissertation seeks to explore the judiciary as an independent and separate arm of government. In doing so, this dissertation attempts to provide a holistic… (more)

▼ This dissertation seeks to explore the judiciary as an independent and separate arm of government. In doing so, this dissertation attempts to provide a holistic analysis of the constitutional and legislative framework that has been established to protect both individual and institutional independence of the judiciary in South Africa. The question that will be asked is whether such mechanisms are consistent with the section 165 of the Constitution. Central to this analysis is whether the system of court administration that was inherited from apartheid is appropriate for the purposes that courts now have to perform under South Africa‟s constitutional democracy. Chapter one lays the foundation by providing an introduction to the topic under discussion. In doing so, this chapter also provides the research question, literature review, and an explanation of the research methodology. Lastly, this chapter attempts to trace the historical foundation of the principle of judicial independence. It is concluded that judicial independence is linked with the development of the rule of law and seeks to counter unfettered power. In an attempt to provide a conceptual definition for judicial independence, chapter two draws from international law instruments. This definition focuses on the distinction between independence and impartiality; individual and institutional independence. It is then concluded that judicial independence is vital for good governance, administration, accountability and the protection of the public from the arbitrary and abusive exercise of power by the state. Chapter three focuses on the independence of judges in South Africa, in other words, individual independence. This chapter contains an analysis of legislative mechanisms adopted in South Africa to protect the judges from improper influence in their adjudicatory tasks. Further, this chapter also analyses jurisprudence relating to impartiality and bias. It is concluded that the constitutional and legislative framework adopted in South Africa sufficiently insulates judges from improper influence. As far as impartiality is concerned, it is concluded that in terms of South African jurisprudence, the presumption is that judges are impartial. The burden of proof falls on the party alleging bias. Chapter four focuses on court administration. This chapter gives an overview of the structure of courts and the current system of court administration in South Africa. Further, this section discusses how the doctrine of separation of powers relates to court administration. This section also discusses reforms to the current system of court administration that have been proposed by the Department of Justice and Constitutional Development. It is concluded that the current system of court administration is inconsistent with the Constitution and the doctrine of separation of powers as it permits the executive to encroach upon the independent functioning of the courts. Chapter five seeks to discuss some of the challenges that threaten judicial independence in South Africa. This… Advisors/Committee Members: Mubangizi, John Cantius (advisor).

Subjects/Keywords: Law.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Siyo, L. K. (2012). Judicial independence in South Africa : a constitutional perspective. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/9769

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Siyo, Lunga Khanya. “Judicial independence in South Africa : a constitutional perspective.” 2012. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/9769.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Siyo, Lunga Khanya. “Judicial independence in South Africa : a constitutional perspective.” 2012. Web. 24 Apr 2018.

Vancouver:

Siyo LK. Judicial independence in South Africa : a constitutional perspective. [Internet] [Thesis]. University of KwaZulu-Natal; 2012. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/9769.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Siyo LK. Judicial independence in South Africa : a constitutional perspective. [Thesis]. University of KwaZulu-Natal; 2012. Available from: http://hdl.handle.net/10413/9769

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

4. Dedekind, Amy Paula. "A review of measures to combat illicit drug trafficking and trade : a domestic maritime perspective".

Degree: LL.M., Law, 2012, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/9775

► From a survey of media reports and other documentary sources, illicit drug trafficking and trade seems to be a prevalent problem in South Africa today.… (more)

Subjects/Keywords: Law.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Dedekind, A. P. (2012). "A review of measures to combat illicit drug trafficking and trade : a domestic maritime perspective". (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/9775

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Dedekind, Amy Paula. “"A review of measures to combat illicit drug trafficking and trade : a domestic maritime perspective".” 2012. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/9775.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Dedekind, Amy Paula. “"A review of measures to combat illicit drug trafficking and trade : a domestic maritime perspective".” 2012. Web. 24 Apr 2018.

Vancouver:

Dedekind AP. "A review of measures to combat illicit drug trafficking and trade : a domestic maritime perspective". [Internet] [Thesis]. University of KwaZulu-Natal; 2012. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/9775.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Dedekind AP. "A review of measures to combat illicit drug trafficking and trade : a domestic maritime perspective". [Thesis]. University of KwaZulu-Natal; 2012. Available from: http://hdl.handle.net/10413/9775

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

5. Kondiah, Sarisha Shanel. 'Privacy in the workplace' : striking a balance between the privacy concerns of employees and the operational requirements of employers.

Degree: LL.M., Law, 2013, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/9879

► The value underlying privacy lies in the fact that it mirrors the very idea of human dignity and the protection of the personal realm. However… (more)

Subjects/Keywords: Law.

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APA (6^th Edition):

Kondiah, S. S. (2013). 'Privacy in the workplace' : striking a balance between the privacy concerns of employees and the operational requirements of employers. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/9879

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Kondiah, Sarisha Shanel. “'Privacy in the workplace' : striking a balance between the privacy concerns of employees and the operational requirements of employers.” 2013. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/9879.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Kondiah, Sarisha Shanel. “'Privacy in the workplace' : striking a balance between the privacy concerns of employees and the operational requirements of employers.” 2013. Web. 24 Apr 2018.

Vancouver:

Kondiah SS. 'Privacy in the workplace' : striking a balance between the privacy concerns of employees and the operational requirements of employers. [Internet] [Thesis]. University of KwaZulu-Natal; 2013. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/9879.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Kondiah SS. 'Privacy in the workplace' : striking a balance between the privacy concerns of employees and the operational requirements of employers. [Thesis]. University of KwaZulu-Natal; 2013. Available from: http://hdl.handle.net/10413/9879

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

6. Mazoue, Nicole. Children incarcerated with their mothers : a critique of the current age-based approach to the separation of children from their mothers.

Degree: LL.M., Law, 2013, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/9982

► It is a worldwide phenomenon that, when mothers are imprisoned, their young children are allowed to accompany them. However, practices between different countries, and even… (more)

▼ It is a worldwide phenomenon that, when mothers are imprisoned, their young children are allowed to accompany them. However, practices between different countries, and even within different prisons, vary greatly and there are arguments both for and against the incarceration of children with their mothers. Some argue that, without better alternative care options, these children benefit from the strong emotional attachment that develops because they spend so much time with their mothers. Others contend that prisons are not suitable environments for children to live and grow in. It is generally agreed that allowing young children to accompany their mothers in prison and separating them from their mothers, are both problematic. Most countries that allow young children to be incarcerated with their mothers set an upper age limit, after which time the child is removed. This reflects an assumption that from a certain age the adverse effects of a prison environment on the young child and its development outweigh the benefits of being with the mother. There is no empirical evidence on the optimum age of separation and it varies between countries. In South Africa, Section 20(1) of the Correctional Services Act 111 of 1998 (as amended by the Correctional Services Amendment Act 25 of 2008) determines that children may accompany their mothers in prison up until the age of two years, after which time they must be removed from the prison environment. For those children incarcerated with their mothers, this compulsory separation could constitute a violation of their right to family life. For these children there may come a stage when the issue of separation has to be dealt with, but it is at such times when a flexible approach to the age of separation is suggested. A flexible approach would require an individualised analysis of the child’s best interests. It is suggested that the potential for flexibility does exist in Section 20 of the Act. However, it is also submitted that since it is merely potential and not policy, prison authorities might have too much discretion in interpreting this section. This might result in a lack of uniform practices and some children might therefore be disadvantaged. The overall aim of this study is to critically examine the abovementioned piece of legislation in order to assess whether this approach is compatible with children’s rights and is in their best interests. Advisors/Committee Members: Couzens, Meda (advisor).

Subjects/Keywords: Law.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Mazoue, N. (2013). Children incarcerated with their mothers : a critique of the current age-based approach to the separation of children from their mothers. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/9982

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Mazoue, Nicole. “Children incarcerated with their mothers : a critique of the current age-based approach to the separation of children from their mothers.” 2013. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/9982.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Mazoue, Nicole. “Children incarcerated with their mothers : a critique of the current age-based approach to the separation of children from their mothers.” 2013. Web. 24 Apr 2018.

Vancouver:

Mazoue N. Children incarcerated with their mothers : a critique of the current age-based approach to the separation of children from their mothers. [Internet] [Thesis]. University of KwaZulu-Natal; 2013. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/9982.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Mazoue N. Children incarcerated with their mothers : a critique of the current age-based approach to the separation of children from their mothers. [Thesis]. University of KwaZulu-Natal; 2013. Available from: http://hdl.handle.net/10413/9982

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

7. Govinden, Kaelin. Against the strict application of the caveat subscriptor rule in the context of contracts of necessity.

Degree: LL.M., Law, 2013, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/9979

► This dissertation critically examines the common law caveat subscriptor rule and argues against the strict application of the rule in the context of ‘contracts of… (more)

▼ This dissertation critically examines the common law caveat subscriptor rule and argues against the strict application of the rule in the context of ‘contracts of necessity’ (which is defined in the research paper). I will begin by explaining what exactly the caveat subscriptor rule entails and how it functions within the realm of mistake in contract as a species of the reliance theory which the South African law of contract endorses. I will then proceed to outline the narrow grounds recognized by the courts to date upon which one may escape the working of the caveat subscriptor rule. In section II of the paper I will briefly discuss the rise of the consumer protection movement and consider the extent to which the Consumer Protection Act now provides added protection to the unwitting signatory against the strict application of the rule. In section III I will critically examine the underlying presumptions of the caveat subscriptor rule which purport to justify the existence and application of the rule itself. I will then proceed to illustrate that while the assumptions underlying the caveat subscriptor rule may have been accurate and relevant in the past, these assumptions are no longer in keeping with the modern era of mass marketing characterized by the widespread use of standard-form contracts and consumer non-readership, which is reflected in recent judgments dealing with unread contract terms. In section IV I will examine the modern reality of consumer non-readership caused by various innate psychological factors and behavioural biases, particularly in the context of contracts of necessity. In section V I show that a change in judicial attitude towards unread contract terms and increased fairness towards the signatory is warranted not only in light of modern consumer behavior, but also in light of the courts constitutional mandate to develop the common law in accordance with section 39 (2) of the Bill of Rights as well as its underlying values. In section VI will propose a new basis for escaping the strict application of the rule grounded in public policy and will conclude by suggesting some practical methods for reform under the common law. Advisors/Committee Members: Louw, Andre M (advisor).

Subjects/Keywords: Law.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Govinden, K. (2013). Against the strict application of the caveat subscriptor rule in the context of contracts of necessity. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/9979

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Govinden, Kaelin. “Against the strict application of the caveat subscriptor rule in the context of contracts of necessity.” 2013. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/9979.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Govinden, Kaelin. “Against the strict application of the caveat subscriptor rule in the context of contracts of necessity.” 2013. Web. 24 Apr 2018.

Vancouver:

Govinden K. Against the strict application of the caveat subscriptor rule in the context of contracts of necessity. [Internet] [Thesis]. University of KwaZulu-Natal; 2013. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/9979.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Govinden K. Against the strict application of the caveat subscriptor rule in the context of contracts of necessity. [Thesis]. University of KwaZulu-Natal; 2013. Available from: http://hdl.handle.net/10413/9979

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

8. Goossens, Savio. Diplomatic immunity : an argument for re-evaluation.

Degree: LL.M., Law, 2011, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/7901

► Diplomacy is an ancient concept known to man as far back as the ancient Greeks and Romans. Through the passing of time the concept of… (more)

Subjects/Keywords: Law.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Goossens, S. (2011). Diplomatic immunity : an argument for re-evaluation. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/7901

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Goossens, Savio. “Diplomatic immunity : an argument for re-evaluation.” 2011. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/7901.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Goossens, Savio. “Diplomatic immunity : an argument for re-evaluation.” 2011. Web. 24 Apr 2018.

Vancouver:

Goossens S. Diplomatic immunity : an argument for re-evaluation. [Internet] [Thesis]. University of KwaZulu-Natal; 2011. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/7901.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Goossens S. Diplomatic immunity : an argument for re-evaluation. [Thesis]. University of KwaZulu-Natal; 2011. Available from: http://hdl.handle.net/10413/7901

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

9. Bagwandeen, Lynelle. A critical analysis of the role of disclosure in strengthening corporate governance and accountability.

Degree: LL.M., Law, 2010, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/5565

► This dissertation critically analyses the role of disclosure in strengthening corporate governance and accountability to determine whether a prescriptive system of disclosure is of greater… (more)

▼ This dissertation critically analyses the role of disclosure in strengthening corporate governance and accountability to determine whether a prescriptive system of disclosure is of greater efficacy than a voluntary regime. The research undertaken has been done on a qualitative and theory building basis. The purpose of the study is to examine how current and future legal reform can curb corporate governance shortcomings and contribute to a new more dependable mode of corporate governance. This requires a comparative analysis of the South African and English models which are voluntary ('comply or explain') regimes compared to the prescriptive American model of corporate governance ('comply or else'). The foundational basis, definition and jurisdictional evolution of corporate governance is examined and analysed to ascertain the role of disclosure in relation to good governance. To facilitate this investigation a critical review of the legislative framework and reforms enacted locally (and offshore where applicable) is also undertaken. Disclosure as a concept is probed in terms of both a mandatory disclosure and voluntary disclosure regime to determine the more prudent mode of dissemination and how it impacts the efficacy of corporate governance and accountability. To ensure a holistic VIew of the role of disclosure is comprehensively critiqued its influence on corporate social responsibility is embarked upon. It is contextualized against the shareholder (contractarian) theory of governance versus that of the stakeholder (communitarian) theory of governance. This will involve a study of the competing requirements of disclosure in terms of these two theories and its impact on securing accountability. The tenuous relationship between shareholders and directors is considered to determine whether corporate governance regimes safeguard shareholder rights and how these measures contribute to strengthening governance. The codified role of directors in enhancing disclosure to shareholders is also undertaken. To exatrune the interplay between these concepts corporate governance failures are dissected to determine the shortcomings of disclosure practice. The recommendation of this dissertation is that a mandatory disclosure regime is of greater efficacy in strengthening corporate governance and accountability but to remedy recurring corporate governance shortcomings a disclosure regime that is holistic and principles based is required. It should also be supported by a dedicated and empowered regulatory system with sufficient penal measures to curb fraudulent behaviour but sufficient flexibility so as not to curtail industrial fortitude. Advisors/Committee Members: Schembri, Christopher (advisor).

Subjects/Keywords: Law.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Bagwandeen, L. (2010). A critical analysis of the role of disclosure in strengthening corporate governance and accountability. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/5565

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Bagwandeen, Lynelle. “A critical analysis of the role of disclosure in strengthening corporate governance and accountability.” 2010. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/5565.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Bagwandeen, Lynelle. “A critical analysis of the role of disclosure in strengthening corporate governance and accountability.” 2010. Web. 24 Apr 2018.

Vancouver:

Bagwandeen L. A critical analysis of the role of disclosure in strengthening corporate governance and accountability. [Internet] [Thesis]. University of KwaZulu-Natal; 2010. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/5565.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Bagwandeen L. A critical analysis of the role of disclosure in strengthening corporate governance and accountability. [Thesis]. University of KwaZulu-Natal; 2010. Available from: http://hdl.handle.net/10413/5565

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

10. Binene, Bukasa. Trafficking in children : effective solutions for African countries.

Degree: LL.M., Law, 2009, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/5587

► Trafficking in persons in general and in children in particular is a phenomenon that affects each and every country in the world. No African country… (more)

Subjects/Keywords: Law.

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APA (6^th Edition):

Binene, B. (2009). Trafficking in children : effective solutions for African countries. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/5587

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Binene, Bukasa. “Trafficking in children : effective solutions for African countries.” 2009. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/5587.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Binene, Bukasa. “Trafficking in children : effective solutions for African countries.” 2009. Web. 24 Apr 2018.

Vancouver:

Binene B. Trafficking in children : effective solutions for African countries. [Internet] [Thesis]. University of KwaZulu-Natal; 2009. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/5587.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Binene B. Trafficking in children : effective solutions for African countries. [Thesis]. University of KwaZulu-Natal; 2009. Available from: http://hdl.handle.net/10413/5587

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

11. Chetty, Parvathie. Gendered sexual vulnerabilities in the spread of HIV/AIDS : Clayfield (Phoenix) as case study.

Degree: LL.M., Law, 2007, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/5232

► This dissertation focuses on how important factors such as gender inequalities and gender vulnerabilities contribute to fuelling the spread of HIV/AIDS. The study focuses on… (more)

Subjects/Keywords: Law.

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APA (6^th Edition):

Chetty, P. (2007). Gendered sexual vulnerabilities in the spread of HIV/AIDS : Clayfield (Phoenix) as case study. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/5232

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Chetty, Parvathie. “Gendered sexual vulnerabilities in the spread of HIV/AIDS : Clayfield (Phoenix) as case study.” 2007. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/5232.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Chetty, Parvathie. “Gendered sexual vulnerabilities in the spread of HIV/AIDS : Clayfield (Phoenix) as case study.” 2007. Web. 24 Apr 2018.

Vancouver:

Chetty P. Gendered sexual vulnerabilities in the spread of HIV/AIDS : Clayfield (Phoenix) as case study. [Internet] [Thesis]. University of KwaZulu-Natal; 2007. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/5232.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Chetty P. Gendered sexual vulnerabilities in the spread of HIV/AIDS : Clayfield (Phoenix) as case study. [Thesis]. University of KwaZulu-Natal; 2007. Available from: http://hdl.handle.net/10413/5232

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

12. Kalima, Justin Moses. The effectiveness of environmental law in Malawi : an analysis of the principal legal tools for achieving environmental protection with emphasis on the criminal sanction.

Degree: LL.D., Law, 2006, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/5612

► The magnitude of environmental degradation in Malawi suggests that environmental law has not been effective. While inadequate enforcement of the law is certainly a significant… (more)

▼ The magnitude of environmental degradation in Malawi suggests that environmental law has not been effective. While inadequate enforcement of the law is certainly a significant cause of ineffectiveness, it is demonstrated that the other cause is the current normative state of the law. Malawi uses three traditional legal tools for achieving environmental protection: the criminal sanction, administrative measures and civil measures. An examination of the current environmental laws reveals that the criminal sanction is the primary tool prescribed in Malawian environmental circles. From a stage when the criminal sanction was used to reconcile the parties to a dispute and to discipline the recalcitrant party, the criminal sanction has evolved to the current stage when its purposes are retributive and utilitarian. It is contended that in the context of environmental protection the most acceptable aspect of retribution is just deserts, especially the notion of proportionality. With regard to utilitarianism, deterrence, prevention and reinforcement may in various degrees be regarded as legitimate purposes of the criminal sanction in environmental law. In the current stage of the criminal sanction its operation is affected greatly by the Bill of Rights in Malawi's Constitution. It is suggested that in dealing with various aspects of the criminal sanction vis-a-vis the Constitution, Malawian courts should lean towards saving them from unconstitutionality in the interest of environmental protection. An analysis of Malawi's environmental statutes shows that some of the criminal offences have not been articulated clearly and others conflict with constitutional provisions in a non-defensible way. The criminal sanction is also shown to have weaknesses. When these weaknesses are weighed against the criminal sanction's strengths, it is clear that the criminal sanction has more weaknesses than strengths. This scenario has led many scholars to conclude that criminal sanctions are not appropriate for crimes of all sorts. They suggest that criminal sanctions should be reserved for serious offences and that other measures should be used for less serious offences. While this suggestion certainly has merit especially in respect of First World and Second World countries, the practical realities in Malawi as a Third World country urge a different - but related - approach. These practical realities relate to the availability of alternatives to the criminal sanction in Malawi. An analysis of the alternatives reveals that most of them are not viable alternatives to the criminal sanction in Malawi at present and so criminal sanctions inevitably remain the primary tool for achieving environmental protection. In these circumstances, it is suggested that certain aspects of the criminal sanction should be attended to in order to improve its performance. In this connection, it is suggested that corporate criminal liability must be reformed in order to make available additional bases upon which corporate offenders may be made answerable for their… Advisors/Committee Members: Kidd, Michael (advisor).

Subjects/Keywords: Law.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Kalima, J. M. (2006). The effectiveness of environmental law in Malawi : an analysis of the principal legal tools for achieving environmental protection with emphasis on the criminal sanction. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/5612

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Kalima, Justin Moses. “The effectiveness of environmental law in Malawi : an analysis of the principal legal tools for achieving environmental protection with emphasis on the criminal sanction.” 2006. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/5612.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Kalima, Justin Moses. “The effectiveness of environmental law in Malawi : an analysis of the principal legal tools for achieving environmental protection with emphasis on the criminal sanction.” 2006. Web. 24 Apr 2018.

Vancouver:

Kalima JM. The effectiveness of environmental law in Malawi : an analysis of the principal legal tools for achieving environmental protection with emphasis on the criminal sanction. [Internet] [Thesis]. University of KwaZulu-Natal; 2006. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/5612.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Kalima JM. The effectiveness of environmental law in Malawi : an analysis of the principal legal tools for achieving environmental protection with emphasis on the criminal sanction. [Thesis]. University of KwaZulu-Natal; 2006. Available from: http://hdl.handle.net/10413/5612

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

13. Kundishora, Elna. Does international law protect children against recruitment into armed forces? : the case of Africa.

Degree: LL.M., Law, 2010, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/5120

► The involvement of children in conflict is not a recent phenomenon. The military use of children dates back to ancient times. The change of warfare… (more)

Subjects/Keywords: Law.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Kundishora, E. (2010). Does international law protect children against recruitment into armed forces? : the case of Africa. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/5120

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Kundishora, Elna. “Does international law protect children against recruitment into armed forces? : the case of Africa.” 2010. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/5120.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Kundishora, Elna. “Does international law protect children against recruitment into armed forces? : the case of Africa.” 2010. Web. 24 Apr 2018.

Vancouver:

Kundishora E. Does international law protect children against recruitment into armed forces? : the case of Africa. [Internet] [Thesis]. University of KwaZulu-Natal; 2010. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/5120.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Kundishora E. Does international law protect children against recruitment into armed forces? : the case of Africa. [Thesis]. University of KwaZulu-Natal; 2010. Available from: http://hdl.handle.net/10413/5120

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

14. Kvalsvig, Sarah Dene. Can hunting? : an analysis of recent changes in the legal framework governing the management of large predators in South Africa.

Degree: LL.M., Law, 2008, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/5613

► New regulations have been published under the National Environmental Management: Biodiversity Act ('the Biodiversity Act') that regulate activities regarded as 'restricted activities' by that Act… (more)

▼ New regulations have been published under the National Environmental Management: Biodiversity Act ('the Biodiversity Act') that regulate activities regarded as 'restricted activities' by that Act involving listed species of flora and fauna. The regulations include several provisions relating specifically to five species of large predator (lions are a notable exception) and to black and white rhinoceros and represent the end of a lengthy law reform process. The regulations came into force on 1 February 2008. South Africa is a signatory to several international instruments concerned with the protection of biodiversity including the Convention on International Trade in Endangered Species ('CITES'), the United Nations Convention on Biological Diversity and the SADC Protocol on Wildlife Conservation and Law Enforcement in the Southern African Development Community. The Biodiversity Act is the key national law concerned with management of large predators from a conservation and biodiversity protection point of view. Several Acts administered by the Department of Agriculture, such as the Animals Protection Act and the Performing Animals Protection Act, provide for the welfare of animals in captivity. However, the management of wild predators has up to now been regulated at provincial level by a series of outdated nature conservation ordinances that are inconsistent with one another and with the provisions of CITES. It is clear from the Game Theft Act, from national policy instruments such as the National Biodiversity Strategy and Action Plan and from the draft Game Farming Policy that hunting and game farming are seen as important contributors to the South African economy with the potential to address rural poverty and create employment. Hunting is itself a multimillion rand industry in South Africa and a substantial part of that industry is trophy hunting. Large predators in South Africa are most affected by trophy hunting practices, but other animals and other predators are also affected. Large predators are also the subject ofboth national and international trade. In recent years captive breeding of large predators has increased dramatically in order to supply the trophy hunting industry. During the late 1990s concerns began to be raised in the press regarding so-called 'canned hunting' practices and the law reform process mentioned in the first paragraph was partially a result ofthis focus on canned hunting. The new regulations provide, among other things, for greater control of the wildlife industry and for the setting ofhunting off-take limits, but they have several weaknesses. On the most basic level, the regulations contain drafting errors, are overly complex and may conflict with existing provincial legislation. They are likely to impose a greater administrative burden on provincial authorities already struggling to implement the existing provincial legislation. It is submitted that the provisions relating to animal welfare (for example, those dealing with prohibited methods of hunting) should have been enacted… Advisors/Committee Members: Couzens, Edmund (advisor).

Subjects/Keywords: Law.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Kvalsvig, S. D. (2008). Can hunting? : an analysis of recent changes in the legal framework governing the management of large predators in South Africa. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/5613

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Kvalsvig, Sarah Dene. “Can hunting? : an analysis of recent changes in the legal framework governing the management of large predators in South Africa.” 2008. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/5613.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Kvalsvig, Sarah Dene. “Can hunting? : an analysis of recent changes in the legal framework governing the management of large predators in South Africa.” 2008. Web. 24 Apr 2018.

Vancouver:

Kvalsvig SD. Can hunting? : an analysis of recent changes in the legal framework governing the management of large predators in South Africa. [Internet] [Thesis]. University of KwaZulu-Natal; 2008. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/5613.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Kvalsvig SD. Can hunting? : an analysis of recent changes in the legal framework governing the management of large predators in South Africa. [Thesis]. University of KwaZulu-Natal; 2008. Available from: http://hdl.handle.net/10413/5613

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

15. Naidoo, Poonithavathi. The nature and scope of the problem of identifying unidentified bodies at medico-legal mortuaries in South Africa : a medico-legal perspective.

Degree: LL.M., Law, 2007, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/5303

► In South Africa, the high rate of violent deaths, the lack of proper identification documents, and internal migration within the country stemming from the previous… (more)

▼ In South Africa, the high rate of violent deaths, the lack of proper identification documents, and internal migration within the country stemming from the previous socio-political dispensation of society, has led to a high incidence of unidentified human bodies being found, a large proportion of which are skeletal remains, mainly of indigent Black persons. The low incidence of dental records, especially in disadvantaged, rural populations adds to the failure of identification. Without positive identification of individuals, an inquest or criminal case cannot succeed. In routine post mortem practice, only broad groupings of identity are recorded before disposal of remains. The basic rights of these deceased individuals to be properly identified with regards to police investigations and other legal, religious and cultural requirements are disregarded. Further, a large number of persons are reported missing on a daily basis in the country, some never to be found. This study suggests that national legislation be developed to allow for the administration of affairs in respect of missing persons and unidentified bodies, with regulations under this to provide for the mandatory preservation and storage of all medical and radiological records, a national policy and a national plan of action be established to deal with the burden of missing persons and found bodies, and the establishment of a central database of records of unidentified bodies and missing persons. The study also reviews the strengths and weaknesses of available human identification techniques that can be used to facilitate the identification of bodies, and by use of a case report, proposes to demonstrate to the South African Courts that frontal sinus radiographic identification comprises a useful, rapid and inexpensive method as an application in forensic science that can be compared to the individuality of fingerprints, and serves as a reliable additional method in establishing human identity. Advisors/Committee Members: McQuoid-Mason, David Jan (advisor).

Subjects/Keywords: Law.

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APA (6^th Edition):

Naidoo, P. (2007). The nature and scope of the problem of identifying unidentified bodies at medico-legal mortuaries in South Africa : a medico-legal perspective. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/5303

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Naidoo, Poonithavathi. “The nature and scope of the problem of identifying unidentified bodies at medico-legal mortuaries in South Africa : a medico-legal perspective.” 2007. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/5303.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Naidoo, Poonithavathi. “The nature and scope of the problem of identifying unidentified bodies at medico-legal mortuaries in South Africa : a medico-legal perspective.” 2007. Web. 24 Apr 2018.

Vancouver:

Naidoo P. The nature and scope of the problem of identifying unidentified bodies at medico-legal mortuaries in South Africa : a medico-legal perspective. [Internet] [Thesis]. University of KwaZulu-Natal; 2007. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/5303.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Naidoo P. The nature and scope of the problem of identifying unidentified bodies at medico-legal mortuaries in South Africa : a medico-legal perspective. [Thesis]. University of KwaZulu-Natal; 2007. Available from: http://hdl.handle.net/10413/5303

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

16. Phehlukwayo, S. M. Justice and equity in the allocation of health resources for mental health in the eThekwini health district.

Degree: MA, Law, 2006, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/5172

► Aim The aim of the study was to establish if resources for health care were distributed in a manner which reflected justice and equity for… (more)

▼ Aim The aim of the study was to establish if resources for health care were distributed in a manner which reflected justice and equity for people with mental illness at primary health care (PHC) level where mental health services were integrated into general health services. This was done by establishing if relevant South African health policy and legislation makes relevant provisions for the transformation of health care service in line with primary health care principles. Selected health care system delivery strategies were analysed to establish if these reflect justice and equity in the distribution of health resources within a particular health district. Finally, an appropriate workload criteria was used to establish how currently employed health personnel were allocated in terms of skill mix per population size within a selected health district. Methodology The study was conducted in eThekwini District in the Durban Metropolitan area. A combination of descriptive and analytic study designs were adopted using the Health Systems Research(HSR)l as the framework for the study. The descriptive component was used to set the context for the study. The analytic component was used to establish the causal link between mental health policy provisions and the current distribution of health resources. Human resource allocation was used as the indicator for mental health resource allocation.2 Simple random sampling method was used to select six sampling units of Primary Health care (PHC) areas from the sampling frame of three Sub-Districts which constituted eThekwini District; namely North, South and West Sub-Districts. Mental Health Policy and related Legislation was analysed to establish how these made provisions for resource allocations in mental health care. The South African Workload ratios from Rispel et.al. in WHO (2003) 3 were used to determine personnel allocation per level of care and per population size served. The distribution of personnel was calculated using the fulltime equivalent scale (FTE).4 The geographical location of health facilities was established from the District maps to determine the location of mental health personnel. Results At policy level, even though relevant health legislation makes specific provisions for the development, distribution and management of human resources, the literature review indicated that there are still gaps in policies for human resource production, distribution, management and health service delivery. At implementation level research findings indicated marked understaffing across all primary health care levels. Results also showed that the total number of currently employed health personnel in most sample PHC areas fell below the norm recommended for the population size. In addition, integrated primary health care service was mainly offered by one health discipline compared to the recommended personnel skill mix of eight health disciplines. On the other hand, there was also an underlying historical over-concentration of health facilities in urban-based areas compared to… Advisors/Committee Members: Joubert, Robin Wendy Elizabeth (advisor).

Subjects/Keywords: Law.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Phehlukwayo, S. M. (2006). Justice and equity in the allocation of health resources for mental health in the eThekwini health district. (Masters Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/5172

Chicago Manual of Style (16^th Edition):

Phehlukwayo, S M. “Justice and equity in the allocation of health resources for mental health in the eThekwini health district.” 2006. Masters Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/5172.

MLA Handbook (7^th Edition):

Phehlukwayo, S M. “Justice and equity in the allocation of health resources for mental health in the eThekwini health district.” 2006. Web. 24 Apr 2018.

Vancouver:

Phehlukwayo SM. Justice and equity in the allocation of health resources for mental health in the eThekwini health district. [Internet] [Masters thesis]. University of KwaZulu-Natal; 2006. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/5172.

Council of Science Editors:

Phehlukwayo SM. Justice and equity in the allocation of health resources for mental health in the eThekwini health district. [Masters Thesis]. University of KwaZulu-Natal; 2006. Available from: http://hdl.handle.net/10413/5172

University of KwaZulu-Natal

17. Stonier, Linda Ann. Taxation implications arising from South African residents investing abroad.

Degree: LL.M., Law, 2009, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/5231

► South African investors who have invested or plan to invest their funds offshore have to comply with various legislations, more particularly, the Income Tax Act… (more)

Subjects/Keywords: Law.

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APA (6^th Edition):

Stonier, L. A. (2009). Taxation implications arising from South African residents investing abroad. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/5231

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Stonier, Linda Ann. “Taxation implications arising from South African residents investing abroad.” 2009. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/5231.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Stonier, Linda Ann. “Taxation implications arising from South African residents investing abroad.” 2009. Web. 24 Apr 2018.

Vancouver:

Stonier LA. Taxation implications arising from South African residents investing abroad. [Internet] [Thesis]. University of KwaZulu-Natal; 2009. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/5231.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Stonier LA. Taxation implications arising from South African residents investing abroad. [Thesis]. University of KwaZulu-Natal; 2009. Available from: http://hdl.handle.net/10413/5231

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

18. Broster, Emma Justine. Access to antiretrovirals : are there any solutions?.

Degree: LL.M., Law, 2008, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/5205

► In South Africa 1 000 people die of AIDS everyday and 100 000 more people require ARVs every year. There is therefore an urgent need… (more)

▼ In South Africa 1 000 people die of AIDS everyday and 100 000 more people require ARVs every year. There is therefore an urgent need to provide access to ARVs andother essential medicines. The South African Constitution requires the government totake reasonable measures to ensure access to health care. The government has cited financial constraints as the major ohstacle to fulfilling this constitutional imperative. In an effort to stretch their budgetary resource other medium-income countries have used measures such as compulsory licences, voluntary licences and parallel importation. These measures, provided for in the TRIPS Agreement and the Doha Declaration, are available under South African legislation but have not been properly implemented due to a lack of political will. The proper use of compulsory licences by the South African government is vital because all twelve of the ARVs on the World Health Organisation's Essential Medicines List are protected in South Africa by our patent laws. However, in order to issue compulsory licences more easily and quickly the South African Legislature will need to pass legislation which clarifies the ambiguities contained in TRIPS and the Doha Declaration. Other methods to lower the price of medicines include the segmentation of the South African market in order to facilitate differential pricing. The State must balance its use of such measures with programmes to incentivise research and development into neglected diseases and HIV/AIDS. Such programmes will also assist the State's capacity to conduct its own research and development into new medicines, whilst bolstering its domestic pharmaceutical manufacturing capacity. The ultimate solution to South Africa's access to medicine problem is to create a pharmaceutical manufacturing industry capable of producing the most complex medicines, so as to lessen its dependence on drug manufacturers reducing their prices. The way to create a sophisticated pharmaceutical manufacturing capacity is to use the flexibilities in TRIPS and to uphold South Africa's high patent standards. The Constitutional Court's involvement is essential in order to force the State to implement its own policies so as to provide access to affordable medicines.

Subjects/Keywords: Law.

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APA (6^th Edition):

Broster, E. J. (2008). Access to antiretrovirals : are there any solutions?. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/5205

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Broster, Emma Justine. “Access to antiretrovirals : are there any solutions?.” 2008. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/5205.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Broster, Emma Justine. “Access to antiretrovirals : are there any solutions?.” 2008. Web. 24 Apr 2018.

Vancouver:

Broster EJ. Access to antiretrovirals : are there any solutions?. [Internet] [Thesis]. University of KwaZulu-Natal; 2008. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/5205.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Broster EJ. Access to antiretrovirals : are there any solutions?. [Thesis]. University of KwaZulu-Natal; 2008. Available from: http://hdl.handle.net/10413/5205

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

19. Narain, Anil P. Discipline and disciplinary measures used at selected secondary schools.

Degree: LL.M., Law, 2006, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/5222

► The purpose of this study was to explore various aspects of discipline in secondary schools inter alia the views of educators to changes regarding the… (more)

▼ The purpose of this study was to explore various aspects of discipline in secondary schools inter alia the views of educators to changes regarding the behaviour of learners today as compared to the past, the banning of corporal punishment in schools, commitment to provide support, and to elicit alternative methods of maintaining discipline. The study was an exploratory one aiming to bring the views of the educator to the fore in clinical research. It was also undertaken to spur other research into this area. The study was undertaken with educators from the town of Verulam in the north coast of Kwazulu- Natal, South Africa. All secondary schools in the area were targeted. This was a possibility sample as it was peculiar to the context and is valid because it does have resemblance to reality. The sample reflected the remnants of the old apartheid educational structures. Various types of schools were included inclusive of ex -House of Delegates, ex-Department of Education, private and religion-based schools. The sample had semblance of the general educator population. Educators in nine of the secondary schools responded to a questionnaire. The structured questionnaire had a quantitative and qualitative bias. The response rate was 58.3 percent. A statistical package was used to analyse the statistical aspects of the questionnaire. The results of the study indicate that educators believed that the incidents and severity of learner misbehaviour had increased rapidly post 1996. A significantly large number also stated that their superiors (the Department of Education-DOE) have left a void with the banning of corporal punishment by provldinq little or no alternatives to discipline learners. Many respondents believed that their authority was undermined and it affected discipline and hence the culture of teaching and learning. Serious offenders were handed to management of schools. Management in schools were viewed as supportative although there was a call for consistency in the application of the schools' Code of Conduct. Numerous methods of disciplining were suggested with the most popular being getting the parent involved and personal counselling. Sadly, the third popular measure believed to be effective was the use of corporal punishment, albeit it was used by a small percentage of respondents. There was no significant difference in views between male and female respondents. Various extraneous factors influencing poor behaviour were postulated. The learners' background, role of the parent and peer pressure, were viewed as most important. School contextual factors such as large classes and poor resources were also noted. Recommendations for better discipline and disciplinary measures were highlighted. The study called for a review of the Code of Conduct as required by the South African Schools Act 84 of 1996, with the focus being immediacy and relevance of sanctions and the more frequent use of the parent-component, of the Schools' Governing Body, in discipline. A more pro-active stance on the part of the DOE in assisting… Advisors/Committee Members: Kasiram, Madhubala I (advisor).

Subjects/Keywords: Law.

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APA (6^th Edition):

Narain, A. P. (2006). Discipline and disciplinary measures used at selected secondary schools. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/5222

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Narain, Anil P. “Discipline and disciplinary measures used at selected secondary schools.” 2006. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/5222.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Narain, Anil P. “Discipline and disciplinary measures used at selected secondary schools.” 2006. Web. 24 Apr 2018.

Vancouver:

Narain AP. Discipline and disciplinary measures used at selected secondary schools. [Internet] [Thesis]. University of KwaZulu-Natal; 2006. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/5222.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Narain AP. Discipline and disciplinary measures used at selected secondary schools. [Thesis]. University of KwaZulu-Natal; 2006. Available from: http://hdl.handle.net/10413/5222

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

20. Nicholls, Gordon Charles. Towards children's rights in the home : a philosophical consideration of the parent child relationship in the era of human rights and the concept of an 'enlightened parent'.

Degree: LL.M., Law, 2006, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/5214

► Research on children's rights very often deals with the legal aspects of their rights, based on perceived protection and provisioning needs, and focussed on deficiencies… (more)

▼ Research on children's rights very often deals with the legal aspects of their rights, based on perceived protection and provisioning needs, and focussed on deficiencies in children's lives. There is obviously a place for such considerations. It is rare however for writers on children's rights to deal with the personal, ontological and moral rights of children in a principled way. This study aims to address this deficit and reveal the axiomatic and essential rights of children in their home setting. The standing of children's rights in the Republic of South Africa (RSA) is reviewed. Although the primary focus will be on the South African situation, it will be illuminated by references to cogent international experience and positions, apposite to the prosecution and theme of this study. This is appropriate, as South Africa is integral to the international initiatives and imperatives in human rights, especially as they apply to children. In terms of the South African state, children's rights have been given formal recognition in the Constitution, as well as in laws and policies flowing there from. It is noted that there may be deficiencies in the implementation and realisation of these rights in practice, however. Only a fraction of children's rights apply in the public sector. Children live their lives predominantly in the home and so the realisation of their rights very often comes down to the attitudes and actions of their parents, in a horizontal application of the Bill of Rights. This study explores what rights children should be bestowed by their parents in their home and according to what values and criteria. The traditional and emerging roles of parents are considered, as they relate to the realisation of rights by their children. The evolution of the concept of childhood is explicated, including social change advocacy and social movements designed to assist children to realise their rights optimally. This study is not based on legal rights per se, but is predicated on an ontological vision of personhood, as it applies to children. Instead of natural rights, the fundamental and universal values that underlie human rights are considered. These values include respect for person, dignity , equality, autonomy, freedom and justice for children in their relationships with their parents. In order to generate the debate on children's rights in the home, two exemplars are considered, based on first principles and fundamental, axiological values. The first exemplar is the child's right not to receive corporal punishment from parents. The second exemplar considers the child's right to realise freedom of religion in the home, including the right to hold different religious beliefs from his or her parents, and to act on these beliefs, in contradistinction to the religion espoused by his or her parents. The thesis contained in this study is that children's rights can only be realised and assured if parents treat their children as persons of worth and dignity, and raise them to become fully functioning adults. The concept of… Advisors/Committee Members: Zaal, Noel (advisor), Matthias, Carmel Rose (advisor).

Subjects/Keywords: Law.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Nicholls, G. C. (2006). Towards children's rights in the home : a philosophical consideration of the parent child relationship in the era of human rights and the concept of an 'enlightened parent'. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/5214

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Nicholls, Gordon Charles. “Towards children's rights in the home : a philosophical consideration of the parent child relationship in the era of human rights and the concept of an 'enlightened parent'.” 2006. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/5214.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Nicholls, Gordon Charles. “Towards children's rights in the home : a philosophical consideration of the parent child relationship in the era of human rights and the concept of an 'enlightened parent'.” 2006. Web. 24 Apr 2018.

Vancouver:

Nicholls GC. Towards children's rights in the home : a philosophical consideration of the parent child relationship in the era of human rights and the concept of an 'enlightened parent'. [Internet] [Thesis]. University of KwaZulu-Natal; 2006. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/5214.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Nicholls GC. Towards children's rights in the home : a philosophical consideration of the parent child relationship in the era of human rights and the concept of an 'enlightened parent'. [Thesis]. University of KwaZulu-Natal; 2006. Available from: http://hdl.handle.net/10413/5214

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

21. Tapole, Amandus Thabang. The environmental impact assessment (EIA) under the Lesotho Environment Act No. 10 of 2008 : a comparative analysis with the South African EIA regime.

Degree: LL.M., Law, 2011, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/8367

► Environmental Impact Assessment (EIA) has become common as the world realise that the environment has to be managed well for sustenance of life on the… (more)

Subjects/Keywords: Law.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Tapole, A. T. (2011). The environmental impact assessment (EIA) under the Lesotho Environment Act No. 10 of 2008 : a comparative analysis with the South African EIA regime. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/8367

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Tapole, Amandus Thabang. “The environmental impact assessment (EIA) under the Lesotho Environment Act No. 10 of 2008 : a comparative analysis with the South African EIA regime.” 2011. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/8367.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Tapole, Amandus Thabang. “The environmental impact assessment (EIA) under the Lesotho Environment Act No. 10 of 2008 : a comparative analysis with the South African EIA regime.” 2011. Web. 24 Apr 2018.

Vancouver:

Tapole AT. The environmental impact assessment (EIA) under the Lesotho Environment Act No. 10 of 2008 : a comparative analysis with the South African EIA regime. [Internet] [Thesis]. University of KwaZulu-Natal; 2011. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/8367.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Tapole AT. The environmental impact assessment (EIA) under the Lesotho Environment Act No. 10 of 2008 : a comparative analysis with the South African EIA regime. [Thesis]. University of KwaZulu-Natal; 2011. Available from: http://hdl.handle.net/10413/8367

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

22. Kongwa, Susan Lungowe. Privatisation and its impact on human rights : a case study of the Zambian privatisation programme, 1991-2001.

Degree: LL.M., Law, 2006, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/9518

► The study also provides an overview of the impact of privatisation on human rights. To accomplish this objective, case studies of Zambia were undertaken within… (more)

▼ The study also provides an overview of the impact of privatisation on human rights. To accomplish this objective, case studies of Zambia were undertaken within the concept of the social and economic impacts, seeking to answer six basic research questions posed: What were the objectives of the Zambian privatization programme? Was the privatization process executed according to the provisions of the Zambian Privatization Act of 1992 and 1996? How is the outcome of the privatization process perceived by Zambians, success or failure, what are some of the social and economic consequences of privatisation programme? What are the human rights implications of the privatization programme undertaken in Zambia? Mainly qualitative data collecting methods, involving semi-structured interviews, document analyses and direct observations of activities of the privatised companies were employed, to answer these questions. The study examines Zambia's background to privatisation, posits implications of privatisation on the realization of human rights, looks at the case study of privatisation of the ZCCM and the outcomes of privatisation. The study has been influenced by a number of conflicting divestiture evaluation outcomes: for some the Zambian privatization process represents a model programme, the 'most successful in Africa', which serves as an example for other developing African countries to emulate whilst for others, it is a "deeply flawed experience", resulting in negative social and economic consequences which permitted the withdrawal of the provision of social services, massive human rights violations and job losses. Based on evidence from these outcomes, the principal findings from the study suggest that Zambia's privatisation programme has had both negative and positive results. In reviewing the outcomes of the privatisation process, the intent is neither to justify nor reject privatisation, but rather, on the basis of past experience, to highlight key elements of outright failures and success and provide recommendations for future use. Advisors/Committee Members: Lumina, Cephas (advisor).

Subjects/Keywords: Law.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Kongwa, S. L. (2006). Privatisation and its impact on human rights : a case study of the Zambian privatisation programme, 1991-2001. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/9518

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Kongwa, Susan Lungowe. “Privatisation and its impact on human rights : a case study of the Zambian privatisation programme, 1991-2001.” 2006. Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/9518.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Kongwa, Susan Lungowe. “Privatisation and its impact on human rights : a case study of the Zambian privatisation programme, 1991-2001.” 2006. Web. 24 Apr 2018.

Vancouver:

Kongwa SL. Privatisation and its impact on human rights : a case study of the Zambian privatisation programme, 1991-2001. [Internet] [Thesis]. University of KwaZulu-Natal; 2006. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/9518.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Kongwa SL. Privatisation and its impact on human rights : a case study of the Zambian privatisation programme, 1991-2001. [Thesis]. University of KwaZulu-Natal; 2006. Available from: http://hdl.handle.net/10413/9518

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of KwaZulu-Natal

23. Manyika, Lin Mary. Introducing cash transfers as a form of social protection for orphans and (other) vulnerable children in Zimbabwe :lessons from other African countries.

Degree: MA, Law, 2010, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/3705

► Zimbabwe made commitments- global, regional and national- towards the fulfilment of the right to social protection for Orphans and Vulnerable Children (OVC) by ratifying international… (more)

Subjects/Keywords: Law.

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APA (6^th Edition):

Manyika, L. M. (2010). Introducing cash transfers as a form of social protection for orphans and (other) vulnerable children in Zimbabwe :lessons from other African countries. (Masters Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/3705

Chicago Manual of Style (16^th Edition):

Manyika, Lin Mary. “Introducing cash transfers as a form of social protection for orphans and (other) vulnerable children in Zimbabwe :lessons from other African countries.” 2010. Masters Thesis, University of KwaZulu-Natal. Accessed April 24, 2018. http://hdl.handle.net/10413/3705.

MLA Handbook (7^th Edition):

Manyika, Lin Mary. “Introducing cash transfers as a form of social protection for orphans and (other) vulnerable children in Zimbabwe :lessons from other African countries.” 2010. Web. 24 Apr 2018.

Vancouver:

Manyika LM. Introducing cash transfers as a form of social protection for orphans and (other) vulnerable children in Zimbabwe :lessons from other African countries. [Internet] [Masters thesis]. University of KwaZulu-Natal; 2010. [cited 2018 Apr 24]. Available from: http://hdl.handle.net/10413/3705.

Council of Science Editors:

Manyika LM. Introducing cash transfers as a form of social protection for orphans and (other) vulnerable children in Zimbabwe :lessons from other African countries. [Masters Thesis]. University of KwaZulu-Natal; 2010. Available from: http://hdl.handle.net/10413/3705

Queen Mary, University of London

24. Kotsovili, Maria. Revisiting the role of European Union institutions in the enforcement of European Union environmental law.

Degree: PhD, 2014, Queen Mary, University of London

URL: http://qmro.qmul.ac.uk/jspui/handle/123456789/8951 ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667326

► Over the past thirty years European Union environmental policy has greatly expanded. Overall, more than three hundred pieces of environmental legislation have been adopted. For… (more)

▼ Over the past thirty years European Union environmental policy has greatly expanded. Overall, more than three hundred pieces of environmental legislation have been adopted. For many years the European Commission was primarily preoccupied with the introduction of new legislative initiatives. However, progressively inadequate implementation and enforcement became the greatest challenge of European Union environmental policy. Following the final assessment of the Sixth Environmental Action Programme, which concluded that the enforcement of EU environmental law is insufficient, the problem remains as pertinent as ever. This study critically analyzes the institutional, procedural and remedial framework provided for by the European Union Institutions to safeguard the effective enforcement of Union environmental legislation at national level. It focuses on the role of three European Institutions, namely the European Commission, the Court of Justice of the European Union and the European Union legislature in the enforcement of EU environmental legislation. The thesis identifies relevant areas of concern in the exercise of the Institutions’ role pertaining to enforcement. Despite certain limitations to which the doctrines of direct effect, consistent interpretation and State liability in damages have been made subject, their utility as enforcement mechanisms has overall been safeguarded by the Court of Justice of the European Union, which has granted national courts the necessary tools to advance the effectiveness of private enforcement of EU environmental legislation. The thesis criticises the Commission’s new enforcement strategy for focusing on formal implementation of EU environmental law, while neglecting the monitoring of application on the ground. Regarding the legislative intervention of the Union, notably in the areas of environmental liability and criminal enforcement, the thesis argues that proper justification for EU action has not been provided and that the stated purpose of the established regimes has not been attained.

Subjects/Keywords: Law

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APA (6^th Edition):

Kotsovili, M. (2014). Revisiting the role of European Union institutions in the enforcement of European Union environmental law. (Doctoral Dissertation). Queen Mary, University of London. Retrieved from http://qmro.qmul.ac.uk/jspui/handle/123456789/8951 ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667326

Chicago Manual of Style (16^th Edition):

Kotsovili, Maria. “Revisiting the role of European Union institutions in the enforcement of European Union environmental law.” 2014. Doctoral Dissertation, Queen Mary, University of London. Accessed April 24, 2018. http://qmro.qmul.ac.uk/jspui/handle/123456789/8951 ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667326.

MLA Handbook (7^th Edition):

Kotsovili, Maria. “Revisiting the role of European Union institutions in the enforcement of European Union environmental law.” 2014. Web. 24 Apr 2018.

Vancouver:

Kotsovili M. Revisiting the role of European Union institutions in the enforcement of European Union environmental law. [Internet] [Doctoral dissertation]. Queen Mary, University of London; 2014. [cited 2018 Apr 24]. Available from: http://qmro.qmul.ac.uk/jspui/handle/123456789/8951 ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667326.

Council of Science Editors:

Kotsovili M. Revisiting the role of European Union institutions in the enforcement of European Union environmental law. [Doctoral Dissertation]. Queen Mary, University of London; 2014. Available from: http://qmro.qmul.ac.uk/jspui/handle/123456789/8951 ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667326

25. Al Badwawi, Saif Ahmad. Does the new competition law ensure fair competition in the UAE?.

Degree: PhD, 2013, Southampton Solent University

URL: http://ssudl.solent.ac.uk/3487/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.698454

► Competition law has become an important legal tool as it plays a significant role in preventing different forms of anti-competitive behaviour and ensures fair competition… (more)

▼ Competition law has become an important legal tool as it plays a significant role in preventing different forms of anti-competitive behaviour and ensures fair competition in the market. For this purpose, the United Arab Emirates has adopted its first comprehensive competition law, named “UAE Federal Law No. 4 of 2012 Concerning Regulating Competition”, to be enforced from 23rd February 2013. The law contains 33 Articles regulating competition in all commercial sectors. This research aims to investigate the UAE competition law in order to answer the main question, which is to what extent does the new law ensure fair competition in the commercial field of the country. It examines the flaws and drawbacks in the competition law and the enforcement mechanism. The research suggests the reforms required to improve the law and the way this could be accomplished. In order to answer the main question, the research applies two main methods, which are the black letter approach and the socio-legal approach. In addition, the research will employ the interview approach. Different issues were found in the UAE competition law in the areas of anti-competitive agreements, abuse of dominant position, mergers and acquisitions, state aid, and enforcement. The findings demonstrate that evidence exists of anti-competitive behaviour in the market, such as monopolistic practices and abuse of dominant position. Furthermore, there is evidence of inadequate implementation of the law against many market players, such as state-owned undertakings. From the findings, the role of the Competition Regulation Committee seems to be weak and inadequate, and there are some conflicts with the role and the Ministry of Economy. Some recommendations have been suggested for policy reform and enhancement of the law and its upcoming regulations. It is hoped that the findings of this research will provide a framework for the UAE and the countries in the region that seek to have more competitive markets. This study is the first to address the competition law of the UAE, thus this study contributes to the understanding of the law and its application, and it is hoped it will add to knowledge in the field of competition law. Furthermore, based on the evidence, the research concludes by suggesting a number of implications and potential future research avenues.

Subjects/Keywords: Law

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APA (6^th Edition):

Al Badwawi, S. A. (2013). Does the new competition law ensure fair competition in the UAE?. (Doctoral Dissertation). Southampton Solent University. Retrieved from http://ssudl.solent.ac.uk/3487/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.698454

Chicago Manual of Style (16^th Edition):

Al Badwawi, Saif Ahmad. “Does the new competition law ensure fair competition in the UAE?.” 2013. Doctoral Dissertation, Southampton Solent University. Accessed April 24, 2018. http://ssudl.solent.ac.uk/3487/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.698454.

MLA Handbook (7^th Edition):

Al Badwawi, Saif Ahmad. “Does the new competition law ensure fair competition in the UAE?.” 2013. Web. 24 Apr 2018.

Vancouver:

Al Badwawi SA. Does the new competition law ensure fair competition in the UAE?. [Internet] [Doctoral dissertation]. Southampton Solent University; 2013. [cited 2018 Apr 24]. Available from: http://ssudl.solent.ac.uk/3487/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.698454.

Council of Science Editors:

Al Badwawi SA. Does the new competition law ensure fair competition in the UAE?. [Doctoral Dissertation]. Southampton Solent University; 2013. Available from: http://ssudl.solent.ac.uk/3487/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.698454

26. AlKaabi, Saif O. S. The influence of Shari'ah in protecting the marine environment in the United Arab Emirates.

Degree: PhD, 2013, Southampton Solent University

URL: http://ssudl.solent.ac.uk/3488/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.698455

► Marine pollution is one of the major problems in the world and in particular around the coasts of oil producing countries. The Arabian Gulf and… (more)

▼ Marine pollution is one of the major problems in the world and in particular around the coasts of oil producing countries. The Arabian Gulf and the Straits of Hormuz are of particular concern to the United Arab Emirates (UAE) as they play host to a number of endangered marine species. As a Muslim state, the UAE has historically been protective of the marine environment through the teachings of the prophet Mohammed (PBUH) and the Holy Quran. As a modern state with international trade connections, the UAE has signed up to a number of international conventions designed to protect the marine environment. This thesis considers international law and its transposition into state law in the UAE. The influence of religion on the formulation of legislation to protect the marine environment is considered in this comparative study between the UAE and the UK. The main part of the thesis is an analysis of the influence of Shari’ah on legislation in the UAE to protect the marine environment. This is informed by a number of interviews with key figures in Dubai In order to produce detailed and accurate results in the research, analytical and comparative examination is made to the actual scope of protect the marine environment in the UAE. This is achieved through studying the relevant literature as well as studying legislation and case law. The methodology used is a comparative secondary research study supplemented by face- to face interviews. The legislation in the UAE has proved more difficult to research than the UK legislation. Moreover, a number of listings and web-sites contain partial and fragmented information. The final conclusions include recommendations for the UAE on how to develop their protection of the marine environment. From this conclusion the most recommended concern is to develop the legislations of the UAE and develop citizen’s awareness. Training is the most important point which was taken into the consideration of all people that have been interviewed.

Subjects/Keywords: Law

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APA (6^th Edition):

AlKaabi, S. O. S. (2013). The influence of Shari'ah in protecting the marine environment in the United Arab Emirates. (Doctoral Dissertation). Southampton Solent University. Retrieved from http://ssudl.solent.ac.uk/3488/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.698455

Chicago Manual of Style (16^th Edition):

AlKaabi, Saif O S. “The influence of Shari'ah in protecting the marine environment in the United Arab Emirates.” 2013. Doctoral Dissertation, Southampton Solent University. Accessed April 24, 2018. http://ssudl.solent.ac.uk/3488/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.698455.

MLA Handbook (7^th Edition):

AlKaabi, Saif O S. “The influence of Shari'ah in protecting the marine environment in the United Arab Emirates.” 2013. Web. 24 Apr 2018.

Vancouver:

AlKaabi SOS. The influence of Shari'ah in protecting the marine environment in the United Arab Emirates. [Internet] [Doctoral dissertation]. Southampton Solent University; 2013. [cited 2018 Apr 24]. Available from: http://ssudl.solent.ac.uk/3488/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.698455.

Council of Science Editors:

AlKaabi SOS. The influence of Shari'ah in protecting the marine environment in the United Arab Emirates. [Doctoral Dissertation]. Southampton Solent University; 2013. Available from: http://ssudl.solent.ac.uk/3488/ ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.698455

The George Washington University

27. Taylor, Arthur Michael. The Independent Research & Development Cost Definition| A Dinosaur Needing An Overhaul.

Degree: 2011, The George Washington University

URL: http://pqdtopen.proquest.com/#viewpdf?dispub=1483983

► The Armed Services Procurement Regulations Committee promulgated the current definition for Independent Research and Development (IR&D costs in 1971. That definition excludes from IR&D… (more)

Subjects/Keywords: Law

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APA (6^th Edition):

Taylor, A. M. (2011). The Independent Research & Development Cost Definition| A Dinosaur Needing An Overhaul. (Thesis). The George Washington University. Retrieved from http://pqdtopen.proquest.com/#viewpdf?dispub=1483983

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Taylor, Arthur Michael. “The Independent Research & Development Cost Definition| A Dinosaur Needing An Overhaul.” 2011. Thesis, The George Washington University. Accessed April 24, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=1483983.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Taylor, Arthur Michael. “The Independent Research & Development Cost Definition| A Dinosaur Needing An Overhaul.” 2011. Web. 24 Apr 2018.

Vancouver:

Taylor AM. The Independent Research & Development Cost Definition| A Dinosaur Needing An Overhaul. [Internet] [Thesis]. The George Washington University; 2011. [cited 2018 Apr 24]. Available from: http://pqdtopen.proquest.com/#viewpdf?dispub=1483983.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Taylor AM. The Independent Research & Development Cost Definition| A Dinosaur Needing An Overhaul. [Thesis]. The George Washington University; 2011. Available from: http://pqdtopen.proquest.com/#viewpdf?dispub=1483983

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

The George Washington University

28. Hinchey, Bruce Andrew. Punishing the Penitent| Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements.

Degree: 2011, The George Washington University

URL: http://pqdtopen.proquest.com/#viewpdf?dispub=1483988

► The Department of Justice has long promised tangible benefits to companies that voluntarily disclose Foreign Corrupt Practices Act (FCPA) violations. Justice Department officials have… (more)

Subjects/Keywords: Law

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Hinchey, B. A. (2011). Punishing the Penitent| Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements. (Thesis). The George Washington University. Retrieved from http://pqdtopen.proquest.com/#viewpdf?dispub=1483988

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Hinchey, Bruce Andrew. “Punishing the Penitent| Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements.” 2011. Thesis, The George Washington University. Accessed April 24, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=1483988.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Hinchey, Bruce Andrew. “Punishing the Penitent| Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements.” 2011. Web. 24 Apr 2018.

Vancouver:

Hinchey BA. Punishing the Penitent| Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements. [Internet] [Thesis]. The George Washington University; 2011. [cited 2018 Apr 24]. Available from: http://pqdtopen.proquest.com/#viewpdf?dispub=1483988.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Hinchey BA. Punishing the Penitent| Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements. [Thesis]. The George Washington University; 2011. Available from: http://pqdtopen.proquest.com/#viewpdf?dispub=1483988

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

The George Washington University

29. Osterhout, Heidi Lynn. No More "Mad Money"| Salvaging the Commander's Emergency Response Program.

Degree: 2011, The George Washington University

URL: http://pqdtopen.proquest.com/#viewpdf?dispub=1483989

► The U.S. military has touted the Commander’s Emergency Response Program (CERP) as one of the greatest successes of the Iraq war. CERP allows commanders… (more)

▼ The U.S. military has touted the Commander’s Emergency Response Program (CERP) as one of the greatest successes of the Iraq war. CERP allows commanders to “tap small discretionary funds—mad money, in military slang.” Created in 2004, the US military determined that the hidden Saddam Hussein funds they found should be used for projects directly benefitting the local population. The program worked so well, Congress appropriated several million dollars each year for CERP with $1.2 billion in fiscal year 2010. Historically, most of the funds were used in Iraq; however, for the first time since its inception, more CERP funds are available in 2010 for Afghanistan than Iraq. CERP will remain important in Afghanistan and future conflicts regardless of the withdrawal from Iraq. Although commanders believe the program is successful from the viewpoint of troop safety and Iraqi cooperation, it remains rife with problems from a government procurement standpoint. Inspectors from the Special Inspector General for Iraq Reconstruction (SIGIR), the Special Inspector General for Afghanistan Reconstruction (SIGAR), and the Government Accountability Office (GAO) consistently expressed concerns between 2005 and 2010. The organizations repeatedly cited a lack of transparency, insufficient documentation, concerns about an expanded program, and sustainability of projects. Fraud and mismanagement also remained common critiques. Changes occurred, but slowly, and seemed to respond to direct issues contained in critical reports rather than salvaging the program. Congress responded to the inspection results by withholding approximately 40% of 2010 CERP funds, until the Army implements better tracking and other goals. This thesis explores CERP and pinpoints shortfalls. The problems are not within the acquisition career fields because it is not FAR-based. Nonetheless, Congress will likely place the responsibility for problem solving upon military acquisition organizations. Although Iraq cannot use the recommendations, an in-depth analysis can help in Afghanistan and future conflicts. A system that is still flexible for commanders but contains more restrictions is necessary to salvage CERP. A comprehensive overhaul of the program is needed if CERP is expected to withstand high levels of scrutiny dominant in U.S. federal procurement. Many changes are crucial: central documentation for projects, a system to determine project management with more accuracy, more training, a central stateside command’s involvement to provide consistency, and a dispute resolution mechanism.

Subjects/Keywords: Law

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Osterhout, H. L. (2011). No More "Mad Money"| Salvaging the Commander's Emergency Response Program. (Thesis). The George Washington University. Retrieved from http://pqdtopen.proquest.com/#viewpdf?dispub=1483989

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Osterhout, Heidi Lynn. “No More "Mad Money"| Salvaging the Commander's Emergency Response Program.” 2011. Thesis, The George Washington University. Accessed April 24, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=1483989.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Osterhout, Heidi Lynn. “No More "Mad Money"| Salvaging the Commander's Emergency Response Program.” 2011. Web. 24 Apr 2018.

Vancouver:

Osterhout HL. No More "Mad Money"| Salvaging the Commander's Emergency Response Program. [Internet] [Thesis]. The George Washington University; 2011. [cited 2018 Apr 24]. Available from: http://pqdtopen.proquest.com/#viewpdf?dispub=1483989.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Osterhout HL. No More "Mad Money"| Salvaging the Commander's Emergency Response Program. [Thesis]. The George Washington University; 2011. Available from: http://pqdtopen.proquest.com/#viewpdf?dispub=1483989

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

The George Washington University

30. Kirchmaier, Charles T. Separating the Wheat From the Chaff| Reforming False Claims Act Enforcement Practices in Response to the 2009 Fraud Enforcement and Recovery Act.

Degree: 2011, The George Washington University

URL: http://pqdtopen.proquest.com/#viewpdf?dispub=1500264

► On May 20, 2009, President Barack Obama signed the Fraud Enforcement and Recovery Act (FERA) and ushered into law the most sweeping changes to… (more)

Subjects/Keywords: Law

Record Details Similar Records Cite « Share

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Kirchmaier, C. T. (2011). Separating the Wheat From the Chaff| Reforming False Claims Act Enforcement Practices in Response to the 2009 Fraud Enforcement and Recovery Act. (Thesis). The George Washington University. Retrieved from http://pqdtopen.proquest.com/#viewpdf?dispub=1500264

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Kirchmaier, Charles T. “Separating the Wheat From the Chaff| Reforming False Claims Act Enforcement Practices in Response to the 2009 Fraud Enforcement and Recovery Act.” 2011. Thesis, The George Washington University. Accessed April 24, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=1500264.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Kirchmaier, Charles T. “Separating the Wheat From the Chaff| Reforming False Claims Act Enforcement Practices in Response to the 2009 Fraud Enforcement and Recovery Act.” 2011. Web. 24 Apr 2018.

Vancouver:

Kirchmaier CT. Separating the Wheat From the Chaff| Reforming False Claims Act Enforcement Practices in Response to the 2009 Fraud Enforcement and Recovery Act. [Internet] [Thesis]. The George Washington University; 2011. [cited 2018 Apr 24]. Available from: http://pqdtopen.proquest.com/#viewpdf?dispub=1500264.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Kirchmaier CT. Separating the Wheat From the Chaff| Reforming False Claims Act Enforcement Practices in Response to the 2009 Fraud Enforcement and Recovery Act. [Thesis]. The George Washington University; 2011. Available from: http://pqdtopen.proquest.com/#viewpdf?dispub=1500264

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

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Open Access Theses and Dissertations