The Rights of Indigenous Peoples to Harvest Marine Mammals in the Arctic. Perspectives from International Human Rights Law and the Law of the Sea

In the context of increasing duties to protect and preserve marine biodiversity, and of gaining importance of indigenous rights, this thesis discusses how international law recognizes the rights of indigenous peoples to harvest marine mammals. It takes on both the perspective from a human rights lawyer, as that of a law of the sea scholar. The human rights law perspective is based on the right to self-determination enshrined in the ICCPR and the ICESCR, and the right to culture, as reflected in Article 27 of the ICCPR and general international law. Through the eyes of the law of the sea scholar, indigenous peoples are entitled to harvest marine mammals based on the aboriginal subsistence whaling exemption in the ICRW system, and the “local people” exception to the polar bear hunt prohibition in the Polar Bear Agreement. Although both fields of law recognize an indigenous people’s right to harvest marine mammals, they differ in scope and application. This thesis argues that these two bodies of international law should be used and interpreted complementary to each other

Challenging the notion of a "single continental shelf”

According to international courts and tribunals, there exists in law only a “single continental shelf,” rather than an “inner” and an “outer” continental shelf. What originally started as a simple phrase to justify the jurisdiction of the court or tribunal eventually ended up as a justification for using the traditional delimitation methodology for delimitation of the continental shelf beyond 200 NM. This article challenges the notion of a “single continental shelf” on various bases, namely, with respect to bases of entitlement, delineation formulas, the nature of coastal state rights, and the inapplicability of the equidistance line beyond 200 NM.Exploring the Frontiers of International La

Regulating franchise operations in South Africa : a study of the existing legal framework with suggestions for reform.

This thesis analyses the existing legal framework that applies to franchising in South Africa today. The study begins with an examination of the history and nature of the franchise contract, focusing particularly on the nature of the franchise relationship. This study is undertaken in order to substantiate the argument that franchising is a unique method of doing business. There is a need therefore to recognise that the franchise contract is a special contract in its own right, just like contracts of sale, lease, insurance and suretyship. The study then goes on to examine the problems which are experienced in the sector, as well as the law which must provide solutions to these problems. The research will show that in a modern commercial world the existing legal framework, especially the common law, cannot adequately deal with many of these problems. The complex relationship between franchising and competition law is also explored. A common thread that emerges from franchise disputes is the lack of protection afforded to the interests of franchisees. Franchisees tend to be at the mercy of economically stronger franchisors, hence the belief that there is a need for a stronger regulatory framework. The study then shifts to proposals for reform. In 2000 the Department of Trade and Industry (DTI) established the Franchise Steering Committee in conjunction with the Franchise Association of South Africa (FASA) to review the regulatory environment. This Committee drafted franchise legislation which aimed to bring the regulation of the sector under the control of the DTI. This legislation has not been implemented and the DTI has changed its strategy. Instead of dealing with franchising independently, franchising will fall within the scope of consumer protection legislation. Both the consumer protection legislation and the legislation proposed by the Franchise Steering Committee are thoroughly examined and explained. Shortcomings in the proposals are highlighted and an alternative approach is recommended. It is proposed that franchise-specific legislation should be introduced but that this legislation should establish a system of co-regulation between the government and the franchise sector

Connected Vehicle-Centric Dashboards for TMC of the Future

The adoption of dashboards and tools into Traffic Management Centers (TMC) has been growing with advancements in connected vehicle (CV) data. These tools are now being utilized—not only for analyzing work zones, severe crashes, winter operations, and traffic signals—but also to provide measures for characterizing overall system mobility, resiliency, and after-action assessments. Previous studies have extended the concepts to include the enhanced trajectory-based CV data into dashboards that aid agencies in assessing and managing roadways. This study presents the extension of these tools that further improve the value and insights provided. It also highlights the evolution of CV data in Indiana. CV data in Indiana has grown to over 364 billion statewide records. Average overall penetration rate of CV data on interstates has increased to 6.32% in May 2022 with trucks accounting for 1.7%. Sections of this study also present the impact of rain intensity on interstate traffic and incorporation of such weather data into heatmap and other tools. Updates to existing dashboards and a summary of newly developed dashboards are synopsized in this report. Finally, this report presents a case study that highlights the use of these tools to assess and analyze the impact of tornadoes on interstate traffic in Indiana. As interest in these tools has grown, this project facilitated continued improvements and added features to meet the needs of INDOT and their partners

Enforcement and effectiveness of consumer law in South Africa

This chapter discusses and evaluates the enforcement and effectiveness of Consumer Law in South Africa. It first provides the principal legal and policy framework, including the legislation and common law and consumer policy and strategic plans of the governmental authorities and enforcement agencies. It sets out details and some statistics regarding enforcement by specialised enforcement agencies, such as the National Consumer Commission, the National Credit Regulator and provincial consumer protection authorities. Alternative dispute resolution actors are discussed, including ombuds enforcing the Consumer Protection Act and ombuds in the financial services sector. Thereafter enforcement by the courts are considered, as well as enforcement through collective redress. The role of consumer organisations and private regulation are discussed, as well as sanctions for breaches of consumer law. External relations and cooperation of the State, enforcers and consumer organisations with bodies external to South Africa are considered. Finally, the effectiveness of the enforcement mechanisms is critically evaluated and some proposals for reform made

Connected Vehicle-Centric Dashboards for TMC of the Future

SPR-4625The adoption of dashboards and tools into Traffic Management Centers (TMC) has been growing with advancements in connected vehicle (CV) data. These tools are now being utilized\u2014not only for analyzing work zones, severe crashes, winter operations, and traffic signals\u2014but also to provide measures for characterizing overall system mobility, resiliency, and after-action assessments. Previous studies have extended the concepts to include the enhanced trajectory-based CV data into dashboards that aid agencies in assessing and managing roadways. This study presents the extension of these tools that further improve the value and insights provided. It also highlights the evolution of CV data in Indiana. CV data in Indiana has grown to over 364 billion statewide records. Average overall penetration rate of CV data on interstates has increased to 6.32% in May 2022 with trucks accounting for 1.7%. Sections of this study also present the impact of rain intensity on interstate traffic and incorporation of such weather data into heatmap and other tools. Updates to existing dashboards and a summary of newly developed dashboards are synopsized in this report. Finally, this report presents a case study that highlights the use of these tools to assess and analyze the impact of tornadoes on interstate traffic in Indiana. As interest in these tools has grown, this project facilitated continued improvements and added features to meet the needs of INDOT and their partners

PROPERTY-SYNDICATION INVESTMENT V PROPERTY SCAM: WHO DECIDES? A CRITICAL EXAMINATION OF THE REGULATION OF PUBLIC-PROPERTY SYNDICATION SCHEMES IN SOUTH AFRICA

Building an investment portfolio is an important part of saving for retirement. This not only benefits the individual concerned but it also has benefits for the economy as a whole. Investment in property is regarded as an essential element of an investment portfolio and many investors have over the years invested in public-property syndications. Unfortunately such investments have proved to be very risky and there have been some spectacular failures with severe consequences especially for elderly, vulnerable consumers. There is a need to ensure that all investment opportunities are properly regulated and different aspects of property syndications are regulated by different regulators including the Reserve Bank, the Department of Trade and Industry, the newly established Consumer Commission and the Financial Services Board. There seems to be some confusion amongst regulators over which entity is ultimately responsible for ensuring that such investments are sound and reliable and that consumers can have faith that they are not investing in a scam. The fact that no one regulator is responsible for overseeing the full picture is problematic because it enables the unscrupulous to slip under the radar and avoid detection. This paperseeks to consider the question of which regulator is or should be responsible for regulating public-property syndications and to make some suggestions for reform going forward