Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 20 for “"procedural rights"”.
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Renewed emphasis on procedural rights and guarantees in EU Competition law enforcement
Σκοπός της παρούσας μελέτης καθίσταται η διερεύνηση του τρόπου εφαρμογής και θεσμικής λειτουργίας των διαδικαστικών εγγυήσεων του ευρωπαϊκού δικαίου ανταγωνισμού ενόψει της εξελικτικής πορείας του θεσμικού πλαισίου επιβολής των κανόνων ανταγωνισμού στις ψηφιακές αγορές που σηματοδοτείται από την …
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The scope for strengthening the procedural rights of third party groups in ISDS
… and environment. The absence of third-party rights in ISDS has culminated in a debate, reflected in the United Nations Commission on International Trade Law (UNCITRAL) discussions, on the development of a framework for third party access to the ISDS system. This thesis informs the UNCITRAL …
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Becoming a Side: Legal Mobilization and Environmental Protection in Poland
… with others in the process of mobilizing their procedural rights. Environmental legal practitioners’ contact with administrative legal processes shapes an evolving, spatially specific understanding of the form and substance of state power. In the dynamic interaction between direct observations …
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On the Inquisitorial Spectrum : The Story of Comparative Criminal Procedure
… procedure. It goes beyond merely comparing procedural similarities and differences between legal systems, by proceeding to identify those phenomena and examining them through the broader interdisciplinary lenses of history, ideas and overall tradition and culture. Through an in-depth …
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Would greater victim participation benefit criminal justice?
There are continual calls from victims' rights campaigners for greater victim participation in criminal justice proceedings. This thesis examines this call. In order to appraise greater victim participation, it is imperative that we understand what is meant by the terms 'victim' and …
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A fresh approach to international law in the field of sustainable development : what lessons from the law of international water courses?
… mechanism, comprised of key substantive and procedural rights and obligations between States, exists to reconcile competing economic, social and environmental interests. Moreover, the thesis illustrates how the basic approach taken by the law of international watercourses can be used as a …
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The impact of anti-money laundering legislation on the legal profession in South Africa
… unfortunately they also infringe on hard-won rights, such as legal professional privilege, the right to legal representation and attorney-client confidentiality. The study considers South Africa’s efforts to fulfil its international anti-money laundering obligations whilst upholding the …
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An analysis of the laws affecting North Carolina public school teachers
… system of state and federal courts, and their rights and responsibilities. Appropriate federal and state judicial decisions, federal and state constitutional law, state statutes, State Board of Education policies, and the opinions of the Attorney General have been analyzed to determine legal …
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Sprendimas už akių /
… is necessary to protect the violated party's rights by the other party's passive behaviour. Decision in absentia institute must maintain a balance between the timeliness of civil proceedings and passive party’s procedural rights guarantees while passing decision in absentia. Decision in …
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Ireland’s criminal justice system and its response to victims of crime with intellectual disabilities: adversarial procedure on trial
… of adversarial sensibilities had on the procedural visibility of crime victims in the 19th and 20th centuries. Over the course of the past four decades, however, the crime victim has re-emerged as an important stakeholder within the Irish justice system. From the birth of an established …
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US Compliance with International Environmental Human Rights Standards within Domestic Environmental Conflict Resolution
… is a prerequisite to the fulfilment of human rights, international law affirms that states have obligations to protect its citizens. Over the last fifty plus years, environmental human rights have found support within international agreements, conferences, and statements, and are further …
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Addressing Sexual Offences in South Africa: Moving Past Rhetoric and Empty Gestures
… in South Africa. As a country dedicated to the rights to life, dignity, bodily integrity, privacy and the right to be free from all forms of violence, it is the government's duty to adequately address the rate of sexual offences in the country. The government has not been silent on this issue, …
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Transformative constitutionalism and the position of the doctrine of substantive legitimate expectations in reforming administrative law in South Africa.
… law for some time, extending the scope of procedural rights afforded to individuals affected by administrative actions. In principle, the doctrine of legitimate expectations comprises two pillars: a procedural legitimate expectation which focuses on the procedure that a public authority …
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The protection of the rights of families of origin in inter-country adoption: an African context
The thesis addresses the question: how can the rights of parents be adequately protected in intercountry adoption in an African context? Inter-country adoption is recognised as one of the alternative care options for children deprived of parental or family care. However, it is only considered as a …
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An analysis of the legal rights and responsibilities of Indiana public school educators
… those principles of law that govern the legal rights and responsibilities of Indiana public school educators. The study delineated legal principles and the process of legal reasoning in the following primary areas: (1) Tort liability of school districts and personnel; (2) Legal responsibilities …
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A Critique of Human Rights Protection for Suspects in the Chinese Criminal Justice System: An Examination of the Extent to which There Is and Could in Future Be Compatibility between Chinese Law and Practice and International Human Rights Norms
… a critical analysis of the current human rights protection for suspects in the criminal justice system of China, evaluating them from the view of international human rights law and practice, in particular, the International Covenant on Civil and Political Rights(ICCPR) and European …
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Admissibility of confessions in criminal trials
… Our new constitution has incorporated a Bill of Rights, and our common law also protects most of the interests which • are protected by the Bill of Rights (e.g. a suspect is presumed innocent until proved guilty, the privilege against self-incrimination forms part of our law and the right to …
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A consideration of certain aspects of standard form contracts and exemption clauses [Microfiche] : standard form contracts, the credit receiver's title to sue ex delicto in instalment sale transactions, the nature of a contract and exemption clauses, the burden proof and exemption clauses
… and the curtailment of the adhering party's rights and remedies. In the last section, the proposals for reform, various forms of administrative control and judicial control are briefly examined. The drawbacks of administrative control include the cumbersomeness of the administrative machinery …
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The European Ombudsman : legal basis, remedies and major achievements
… into the facts of the complaint is opened. The procedural steps that must be followed by the Ombudsman and his staff are laid down in the law, specifically the Statute and the Implementing Provisions. Chapter 3 analyses how an investigation should be conducted, and the procedural rights of the …
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Derechos procesales de las víctimas de violencia contra las mujeres basada en el género en la Unión Europea
La principal pregunta que incentiva la tesis es ¿qué impacto de género tienen los derechos procesales consagrados en la Directiva 2012/29/UE? Aplicando en su mayor parte una metodología cualitativa y un enfoque integrado de género o principio de mainstreaming, a lo largo de los siete capítulos en …