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.
Results
Showing 1 to 10 of 10 for “"standard of review"”.
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Maintaining the Ninth Circuit's Clarified Arbitrary and Capricious Standard of Review after Lands Council v. McNair
… Circuit's Clarified Arbitrary and Capricious Standard of Review after Lands Council v. McNair
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Maintaining the Ninth Circuit's Clarified Arbitrary and Capricious Standard of Review after Lands Council v. McNair
… Circuit's Clarified Arbitrary and Capricious Standard of Review after Lands Council v. McNair
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Risk and the UN International Covenant on Civil and Political Rights
This dissertation addresses obligations of States parties under the International Covenant on Civil and Political Rights (ICCPR) to refrain from exposing individuals to risk through their own conduct and to prevent or mitigate such risk exposure caused by the conduct of third parties. In this …
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Standards of care, skill, diligence, and the business judgment rule in view of South Africa's Companies Act 71 of 2008: future implications for corporate governance
… that company directors have to play in the life of a company that they are appointed to manage. South African law (in s66 of the Companies Act 71 of 2008, the Act) has now followed the global trend of recognising that directors have original authority/mandate to manage or direct company affairs …
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Towards the environmental minimum: an argument for environmental protection through human rights
Chapter one offers an introduction and a general outline of argument. Chapter two lays out the current scholarship on human rights and the environment and presents rejoinders to three prominent lines of objection to linking human rights and environmental interests: conceptual, those arising from …
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A comparison between the dispute settlement procedures in the international court of justice and the world trade organisation
The International Court of Justice (ICJ) came into being due to a perceived need for international judicial settlement, whereas the World Trade Organisation (WTO) was created for the purpose of specifically promoting international trade by reducing tariffs and other barriers to trade. Alternative …
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Trials and Tribunals: administrative justice after PAJA and New Clicks with particular reference to the financial services industry
… Court handed down the seminal judgment of Minister of Health v New Clicks. The judgment is critical to our understanding of administrative justice in South Africa not only with regard to the applicability of administrative justice principles to the making of subordinate legislation, or …
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Towards similar standards of judicial protection against administrative action in England and Germany? : a comparison of judicial review of administrative action and the liability of public authorities under the influence of European laws
… positions, which are taken in the control of administrative action in England and Germany, display some common ground in very general terms on which decisions are being taken. The formulation of these general observations is valuable in the preparation of a transnational approximation of …
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Should liberal states compel their citizens to adhere to liberal values? The failure of the UK and France to protect ethical independence and equal civic status in relation to freedom of education and other fundamental rights.
Abstract The central argument of my thesis is that a liberal state should adopt a ‘principle of restricted neutrality’, as defined below, when enacting laws, making administrative decisions or adjudicating upon disputes. Toleration and neutrality The concept of ‘toleration’, for beliefs which …
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Fiduciary Duties in Corporate Law and Privacy Law
<p>Articles 147 and 148 of the Company Law of the People's Republic of China ("Chinese Company Law") establishes that directors owe a duty of care to their companies.1 However, both of these provisions fail to explain the role of judicial review in enforcing directors' duty of care. The duty of …