Bibliographie sélective OHADA

There is enough evidence on how climate change consequences will adversely affect Africa despite the fact that it is the continent that has least contributed to the problem. The international climate change regime recognises Africa's vulnerability to climate change and provides for special treatment under the United Nations Framework Convention on Climate Change (the UNFCCC). Thus, the international climate change regime presents an opportunity for African countries to adapt and mitigate the consequences of climate change through the UNFCCC mechanism. However, the international climate change legal regime has not been able to adequately assist African countries to address the consequences of climate change under the vulnerability principle. Although the current international climate change regime requires developed countries to reduce their greenhouse gas (GHG) emissions, Africa needs to take steps itself to address the problem, because it is most vulnerable to the consequences of climate change. The African Union (AU) could play a great role in ensuring that the international climate change regime addresses the consequences of climate change in the region. This could be done through fostering strong African common positions during international climate change negotiations. A strong common position could strengthen African bargaining power and might result in more funding, capacity building and technology development and transfer for adaptation and mitigation programmes under the UNFCCC-Kyoto Conference of Parties. However, reaching a strong common position requires the cooperation of the AU member states. In this context, African regional integration is an opportunity for the AU to foster such cooperation among member states. The Treaty Establishing the African Economic Community (the Abuja Treaty), the Constitutive Act of the AU and the Protocol on the Relations between the AU and Regional Economic Communities (RECs) prioritise regional economic integration and call for states' cooperation, but the call has not yet been heeded. To realise deep and viable African integration, there must be a well-structured institutional and legal framework that defines the relationship between the AU, the AEC and the RECs. African regional integration is also seen as an avenue whereby the AU can create its own regional climate-change regime. In this regard, the AU's and RECs' normative framework on climate change is examined in order to assess whether it adequately integrates climate change issues. This study finds that although Africa is most vulnerable to the consequences of climate change, the AU's and RECs' normative framework on climate change is weak and inadequate to address the problem. The Framework should integrate climate change issues in order to achieve sustainable development. The AU should also ensure that member states ratify the relevant treaties and protocols (the Maputo Nature Convention and the Protocol establishing the African Court of Justice and Human Rights) that have not yet been ratified in order that they may become operational. The Maputo Nature Convention puts sustainable development in the forefront of attention as a reaction to the potentially conflicting environmental and developmental challenges facing the continent (such as climate change), but it is not yet in force. This work finds that human rights law can strengthen the AU's role in addressing climate change through its normative framework. The human rights approach to climate change under the African Charter on Human and Peoples' Rights (the Banjul Charter) is a viable avenue because human rights law forms the basis for states' responsibility based on human rights obligations and principles. The extraterritorial application of the Banjul Charter presents an avenue for AU institutions such as the Human Rights Commission and the African Human Rights Court to curb the effects of climate change through a human rights lens. The future of the AU is presented within the context of a set of recommendations that identify strong African regional integration as an avenue through which the AU can foster the cooperation of member states to address the consequences of climate change in the AU's and RECs' normative frameworks. General recommendations are made on the need for the international climate change regime to pay more attention to issues of funding, capacity building and technology development and transfer on the basis of the vulnerability principle and in relation to the principles of equity and common but differentiated responsibilities and respective capabilities. Also, the AU needs to strengthen its legal and institutional structures to ensure deep African integration that is capable of addressing common challenges such as the consequences of climate change.

The thesis considers the approaches followed by the European Union with the Brussels Regime, the federal system of the United States of America under the ‘full faith and credit clause’; the inter-state recognition scheme under the Australia and New Zealand Trans- Tasman judicial system; as well as the convention-approach of the Latin American States. It finds that the most suitable approach for the SACU is the negotiation and adoption by all SACU Member States of a multilateral convention on the recognition and enforcement of foreign judgments, comparable to the 1971 Convention of the Hague Conference on Private International Law; the EU Brussels I Regulation and the Latin-American Montevideo Convention, as complemented by the La Paz Convention. It is imperative that a proposed convention should not merely duplicate previous efforts, but should be drafted in the light of the legal, political and socio-economic characteristics of the SACU Member States. The current legislative provisions in force in SACU Member States are compared and analysed, and the comparison and analysis form the basis of a proposal for a future instrument on recognition and enforcement of foreign judgments for the region. A recommended draft text for a proposed Convention on the Recognition and Enforcement of Foreign Judgments for the SACU is included. This draft text could form the basis for future negotiations by SACU Member States

The security cession of the rights under life policies marries two separate areas of the law: The Law of cession and the Law of Insurance. This makes for a complex union since varying common law and statutory principles find application, and in reality trade practices also play a role. In theory a cession in securitatem debiti may take one of two possible constructions, namely a pledge or a fiduciary security cession, and each has its own advantages and disadvantages. Disparity arose when judicial preference was given to the pledge construction while academics preferred the other. The problem, however, was larger than a disagreement as to the better construction. The underlying problem was that there was a lack regarding clarity as to the practical operation of security cession of life policies, in addition to the problems surrounding the construction thereof. As a solution to this problem some academics have suggested legislative intervention. The South African Law Reform Commission, nevertheless, advised against it in 1991 and was of the opinion that the issue was one which our courts would eventually solve. In the 22 years since then, our courts have merely confirmed its preference for the pledge construction. The intricacies of security cessions of life policies have seen no further judicial development. It is probable that the courts do not have enough practical information at hand to advance this area of the law. An investigation into the operation of such cessions in practice was thus necessary. The outcome of the practical investigation reveals that legislative intervention is indeed a viable solution especially since the issues are too complex for the courts to solve. As part of this work, legislation has been drafted and it is recommended that this is inserted into the Security by Means of Movable Property Act .

The Basel Committee on Banking Supervision has defined operational risk, legal risk and compliance risk. However, the definitions might not be adequate for countries with a hybrid legal system, such as South Africa. This study aims to provide a practical solution to the problems faced by countries with a hybrid legal system wishing to comply with the Basel Committee’s standards. It is argued that compliance, compliance risk and regulatory risk should all be viewed as constituent components of legal risk, and in turn necessarily also of operational risk in a hybrid legal system. Legal risk is a wide concept which includes all aspects of a legal system, while compliance risk is a narrower concept which only includes the codified aspects of a legal system. Legal risk therefore includes compliance risk. However, the opposite is not true as compliance risk does not include legal risk, and the two concepts are decidedly shown not to be synonymous in a mixed legal system.

The role of the Court of Justice of the European Union in the process of direct tax integration in the European Union (EU) has been widely discussed in the academic literature, while another important actor, the European Commission, has attracted much less attention. The Commission’s input is commonly perceived to be limited to the right of legislative initiative. This study questions such an oversimplified interpretation and draws a more nuanced picture of EU tax harmonisation by integrating an analysis of the complex regulatory approaches adopted by the Commission for the establishment and smooth functioning of the Internal Market. It is argued that the past decade brought a notable change in the Court-dominated pattern of direct tax integration. This change is apparent first in the evolution of enforcement strategies under Articles 258 and 260 TFEU; and second, in the increased reliance upon non-binding regulatory measures. Both developments have strengthened the role of the Commission, supplying it with more possibilities for influencing national direct tax systems, despite the reluctance of Member States to agree upon legislative harmonisation. Against this background, the procedural and substantive problems associated with these instruments require closer examination. The normative scope of this research covers the key procedural problems related to the infringement procedure and non-binding regulatory measures. The empirical component explores the Commission’s enforcement and coordination practices, drawing particular attention to two case studies: the tax treatment of losses in cross-border situations and exit taxation. Following the analysis of enforcement and coordination in the field of direct taxation, the study argues the need and proposes potential solutions for (i) the developing of a more comprehensive procedural framework for the infringement procedure and non-binding regulatory acts; (ii) the strengthening of accountability mechanisms; and (iii) the enhancing of the effectiveness of their application.

The objectives of this research paper are: to examine the status of collective agreements under the common law; highlight impacts of statutory intervention on common law perception of collective agreements, and discuss how the National industrial Court (NIC) and the Constitution of the Federal Republic of Nigeria 1999 (as altered) have broadened the horizon of enforceability of collective agreements in Nigeria. Reliance is placed principally on statutes, judicial decisions, textbooks written by learned authors as well as international best standard and practices championed by the International Labour Organization (ILO) and practices in some foreign jurisdictions. The findings of the research were that under the common law, collective agreements are ordinarily not binding, they are considered as a ‘gentleman's agreement‘, a product of a trade unionist's pressure, binding only in honour or on the goodwill of the parties thereto, unless and until it is incorporated expressly or impliedly into the contract of employment. However, statutory intervention has slightly altered the common law notion of collective agreements, e.g. where the Minister of Labour and Productivity is empowered to declare, by order, that part or the whole of an agreement deposited in his office is binding on the parties. Furthermore, with the enactment of the NIC Act and the listing of the NIC in the 1999 Constitution as a superior court of record (following the alteration of the Constitution, necessitated by the N.U.E.E. V BPE case), the Court now has exclusive jurisdiction to adjudicate on a wide range of labour matters, industrial relations and application of international best practices such as the standard and principles of the International Labour Organization (ILO), and practices in foreign jurisdictions. It has been argued that the enforceability of collective agreements is in tandem with international best practices, which the NIC can readily give effect to, if it is pleaded and established/ proved as a fact. This has invariability expanded the frontiers of enforceability of such agreements. Therefore, the common law position on the status of collective agreements has been rendered otiose and obsolete, giving way to the sparkling provisions of enforceability guaranteed by the NIC Act and the Constitution respectively. Notwithstanding, it is highly recommended that parties to a collective agreement should expressly state their intention whether or not to be bound; the duration of the agreement should be stated and whether, and when, it should, be reviewed; experts and other stakeholders should be properly consulted before an agreement is entered into; an arbitration clause may be included in case a party breaches its own part of the agreement. Industrial democracy ought to be promoted in all sectors. Strikes and lock outs should be used only as a last resort for enforcing compliance with a collective agreement, because these industrial actions cause devastating effects on the economy and on the lives of the citizenry generally.

This thesis analyses current South African copyright law to ascertain the proper interpretation and application of the fair dealing provisions contained in the Copyright Act 98 of 1978. Copyright law ensures that authors’ works are not used without their consent, which they can grant subject to compensation or conditions attached to the use. Fair dealing exceptions allow the general public to use copyright works for certain purposes without the copyright owner’s consent and without paying compensation. These provisions are intended to balance copyright owners’ interests with the interest that members of the public have in using copyright works for socially beneficial purposes. These provisions typically allow the use of a copyright work for the purposes of research or private study, personal or private use, criticism and review, and news reporting. Unfortunately there is no South African case law concerning the fair dealing provisions, and the application of these exceptions remains unclear. This study aims to clarify the extent of application of the fair dealing exceptions to copyright infringement so that courts may be more willing to consider foreign and international law and in doing so develop South African intellectual property law. The social and economic policy considerations underlying the fair dealing exceptions are considered to determine their function. International conventions relating to copyright and neighbouring rights are examined, specifically the provisions allowing exceptions to copyright. The legislation and case law of Australia and the United Kingdom are analysed to determine the proper interpretation and application of these statutory defences. This knowledge is then used to inform South African law. The Copyright Act 98 of 1978 does not contain a fair dealing exception for parody and satire. Australian legislation does contain such an exception, and it is analysed in that context. An exception for parody is proposed for South African law, and the need for and application of this provision is considered. The constitutionality of the proposed exception is evaluated in terms of its impact on the constitutional property rights of copyright owners.

L’objectif de cette recherche est de démontrer que les décisions arbitrales de la Chambre de commerce internationale peuvent être considérées comme une source potentielle de droit au Canada. Il existe actuellement une incertitude quant au droit matériel utilisé en arbitrage international pour résoudre les différends commerciaux. Bien que l’utilisation de la lex mercatoria pour résoudre un litige soit une option, elle se heurte à de nombreuses incertitudes terminologiques et conceptuelles. L’utilisation d’une approche méthodologique de la lex mercatoria permettrait une classification de ses sources en deux branches: (1) le droit statutaire international et (2) le stare decisis des tribunaux d’arbitrage commercial international. Une telle approche méthodologique conférerait plus de certitude quant à l’application d’un droit uniforme. De plus, elle faciliterait l’étude de l’interlégalité entre les règles de la lex mercatoria et le droit matériel interne. Plus particulièrement, elle permet de comparer les similitudes et les différences des règles du droit matériel entre les décisions arbitrales internationales, le droit statutaire international et les juridictions canadiennes de common law et de droit civil. Cette comparaison rend possible une évaluation de l’influence potentielle des décisions arbitrales de la Chambre de commerce internationale sur le droit matériel canadien et si cette influence est plus importante en droit civil ou en common law.

The home of a debtor has never enjoyed specific statutory protection against forced sale in the individual debt enforcement and insolvency procedures in South Africa. In Jaftha v Schoeman and Others; Van Rooyen v Stoltz and Others (2005 (2) SA 140 (CC)) and Gundwana v Steko Development CC and Others (2011 (3) SA 608 (CC)), the Constitutional Court recognised that in the individual debt enforcement process execution against a debtor's home, even where it has been mortgaged in favour of a creditor, may constitute an unjustifiable infringement of the right to have access to adequate housing, provided by section 26 of the Constitution. The effect of these decisions is that, in every case in which a creditor seeks to execute against a person's home, a court must consider "all the relevant circumstances" to determine whether execution is justifiable, in terms of section 36 of the Constitution. The absence of a properly constructed framework, incorporating clear substantive and procedural requirements, within which these recently established principles must be applied, has led to divergent approaches in the courts and a lack of clarity regarding circumstances in which execution against a debtor's home will be permitted. Further, courts have not considered the impact of section 26 and other rights on the position where a debtor's home is realised by the trustee of an insolvent estate in terms of the Insolvency Act 24 of 1936. This has given rise to a number of unanswered questions as well as to a lack of predictability that potentially hold adverse consequences for bond finance, commerce, and the economy generally. The need to balance the competing interests emphasises the necessity for a coherent contextual framework within which forced sale of a debtor's home may occur. This thesis examines issues surrounding forced sale of a debtor's home in South Africa. It compares the position in other legal systems and suggests mechanisms and an appropriate method, or process, for inclusion in statutory provisions to regulate the forced sale of a debtor's home in both the individual debt enforcement and insolvency procedures in South Africa.

This study aims to investigate the different ways in which the position of people with disabilities can be addressed. Antidiscrimination legislation can play a very important role. Efforts to create equal opportunities must, however, not be limited to legislative initiatives and policy declarations. There is an urgent need for education and training of this minority group. 7 Systematic efforts to heighten public awareness of civil rights and in particular the recognition of the rights of the disabled community are imperative. This study aims to bring home the truth that "disability rights are an idea and ideal whose time has come. ,, When addressing the issue of disability discrimination (or for that matter any kind of discrimination) several principles need to be addressed, the most important being the following: The meaning of the concept of "equality" needs to be established. The fact that all people are equal, does not necessarily mean that all people must be treated the same. When speaking about disability discrimination one must know who forms part of the protected class. For that reason the first issue that must be addressed is the definition of "disability": This leads to the next question, namely which individuals should be protected by anti-discrimination laws and should they benefit from affirmative action measures? What is meant by the term "discrimination"? Is it at all permissible to distinguish between groups of people and, if so, when and which standards are to be applied? What role can anti-discrimination legislation fulfil in the struggle for equality? When dealing with anti-discrimination legislation, what is required in order to prove discrimination and what remedies must be available to an aggrieved party? Normally, in case of criminal action proof is required beyond reasonable doubt and in case of civil action on the balance of probabilities. 10 Civil action offers more effective remedies, but should it be punitive in nature (by awarding damages to the aggrieved party) or non-punitive (by putting the aggrieved party in his/her "rightful place")? What sort of enforcement mechanism is needed? Is it a task for the ordinary tribunals or rather a special body created for that purpose? What defences should be available to an employer accused of discriminatory practices? Who should benefit from enforcement? Only the individual victim or all members of that group? Is anti-discrimination legislation sufficient or is something in addition called for? If positive measures are required, what form must these measures take? This study will address these questions specifically with relation to people with disabilities.The "equality principle" will first be studied. Thereafter the concept of "disability" will be defined. There is a movement away from a medical model of disability towards a social model that takes account of the disabling effects of attitudes and structural barriers on the position of disabled people. Then the concept of "discrimination" will be addressed. Discrimination has many different forms and can take place in different contexts In the following chapter possible solutions to the problem of disability discrimination will be raised. Thereafter follows an important comparative analysis of different jurisdictions on international, supra-national and national level. Different jurisdictions have reached different stages in addressing this problem. The factual analysis of each jurisdiction will include the existence of any anti-discrimination legislative measures, the scope of the protected class, applicable employment provisions, defences available to employers, and the success achieved in addressing the problem. The contentious issue of affirmative action measures will also be addressed. By drawing inferences from the comparative study, suggestions will be made for future developments in South Africa. The conclusion is reached that it is imperative for South Africa to draft disability anti-discrimination legislation that takes account of the needs of this minority group. Legislative initiatives, however, are not enough and must be supported by various programmes aimed at the disabled themselves and the community that they live in. Only then can human rights become a reality also for people with disabilities.

The purpose of this research is to explore the need for, and the legal implications of, harmonising labour laws in the Southern African Development Community (SADC). Chapter One highlights a number of factors that call for the harmonisation of labour laws in the SADC region and discusses some of the reasons why labour laws are not well developed in the region. The influence of globalisation on labour standards in southern Africa and the influence of regionalism on the harmonisation of labour laws are discussed at length. The inference that could be drawn from this discussion is that for a regionalisation process in southern Africa to be successful, there is an urgent need to harmonise the region’s labour law system. This thesis confirms that Southern Africa has many lessons to learn from the regional harmonisation of labour law in the European Economic Community and the current European Union. The implementation of international labour standards in southern Africa is investigated. The main areas examined include (1) freedom of association, (2) collective bargaining, (3) forced labour and (4) discrimination. The findings of this investigation show that there is no uniformity in the implementation of International Labour Organisation (ILO) standards in the SADC region and, therefore, it is recommended labour law should be harmonised in terms of ILO standards. In respect of the benefits to be derived from the harmonisation process, an empirical investigation was conducted in the SADC region and the following is recommended: the harmonisation of labour law in the SADC region will help with the implementation of ILO standards, protection of workers against the economic power of employers in the workplace and maintaining similar benefits for migrants in the region.

MENA law codes are a well-crafted blend of civil and Islamic law in which civil law principles do not contravene with Islamic provisions. They were originally based on Sanhuri’s codes to varying degrees. Yet, common law principles derived either from English common law or Islamic customary usages are unidentified and thus ignored. Here, this lacuna is rectified through a comparative analysis of the primary data (eg, cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found at civil, common and Islamic law to be distilled in the service of creating a new harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA.1 These principles already form part or all of the legal systems in the MENA. They can be readily assimilated into a harmonised or uniform code. Would this new harmonised code lead to higher arbitral award enforcement in the MENA? According to the evidence the answer is yes. The author understands that at the present time the HICALC articles are ambitious and as such they are a beginning point and can initially be taken as a harmonised international commercial arbitration common rule (HICACR). A brief overview of the history of harmonisation is given. An assessment of the status of the laws and traditions of the MENA was carried out. A comparative analysis of the relevant differences and similarities of the case study countries (Egypt and the United Arab Emirates) was carried out to show the gaps in the laws and areas requiring reform. An analysis of enforcement of arbitral awards was carried out. The unique problems that ICA and IIA encounter in the MENA as derived from an analysis of cases and the laws therein are expounded in consideration of matters pertaining to enforcement. A comparative analysis of universal principles which must be included in a new code, including custom, was carried out. An analysis of the unique features and unique needs of the MENA was carried out in order to inform the Draft Article Provisions. An analysis of important international legal instruments dealing specifically with international arbitration and the gaps therein is given. The draft articles for a HICALC or uniform Arab arbitration law were derived as a result of these multiple layers of analysis. The matters of compétence de la compétence, expropriation, interest, public policy and sovereign immunity are highlighted as the most important areas requiring urgent reform. The results of this research are suggested Draft Article Provisions for a model Harmonised International Commercial Arbitration Law Code (HICALC) or a uniform Arab arbitration law. Future drafters may refer to and revise these articles for implementation. The synthesis of theory and practice addresses doctrinal matters that arise in international investment arbitrations and international commercial arbitration, with a focus on investor–State arbitrations. This synthesis provides a new theoretical conception of the jurisprudence of international arbitration, particularly in regard to the matters of res iudicata, precedent and expansion of arbitral tribunal powers and jurisdiction.

In recent decades, regional efforts have been made to reform and harmonize the rules governing international arbitration. These efforts have resulted in the adoption of regional instruments governing commercial arbitration in specific areas. This paper analyzes the arbitration regimes created at a regional level in Africa and America, and particularly focuses on arbitral institutions that were created within the Organization for Harmonization of Business Law in Africa (OHADA) and within the Organization of American States (OAS). The objective of the paper is to identify any advantages provided by either regime, which can help improve regional and international commercial arbitration.

This paper examines the current dynamics of regulatory reforms in Africa and its implication on the continent. It analyses the highly political struggle for regulatory dominance of business law in Africa and how this interacts with the preferences and power of select international actors. It illustrates that the struggle between Francophone and Anglo-Saxon sections of society for OHADA to reflect their ideological stance is having a negative effect on the harmonisation process.

Meeste Afrikastate is klein en het nie die vermoë om effektief aan prosesse van die Wêreldhandelsorganisasie deel te neem nie. Hierdie onvermoë, saam met ander faktore, is die hoofrede vir die voortgesette marginalisering van die kontinent in die globale ekonomie en handel. Ten einde effektief aan genoemde prosesse deel te neem en in die voordele van die geglobaliseerde wêreld te deel, moet Afrikastate integreer. Regionalisme of integrasie is nie ’n doel op sigself nie maar is nodig vir die ekonomiese groei van Afrikastate. Dit skep groter markte vir handel en belegging en is ’n aansporing tot groter effektiwiteit, produktiwiteit en mededingendheid. In die lig hiervan stel die artikel drie kernargumente. Die eerste is dat regionalisme voordele bied wat Afrikastate kan ontgin ten einde marginalisering op globale vlak te oorkom. Die tweede argument is dat, terwyl die Suider-Afrikaanse Ontwikkelingsgemeenskap (SAOG) poog om besigheidsreg te harmoniseer, die Organisation for the Harmonisation of Business Law in Africa (OHADA) (Organisation pour l’Harmonisation en Afrique du Droit des Affaires) as voorbeeld kan dien aangesien dit reeds die grondslag gelê het vir die harmonisering van besigheidsreg in Afrika. Die derde argument is dat die SAOG-tribunaal verbeter moet word ten einde ’n meer regionale regsraamwerk binne die SAOG daar te stel. In hierdie verband belig die artikel sommige voordele van regionalisme in Afrika, die lesse wat die SAOG by OHADA kan leer, die voordele van ’n geharmoniseerde besigheidsreg teen die agtergrond van die OHADA-ondervinding en die moontlike wyses waarop die SAOGtribunaal verbeter kan word.

The thesis examines the comprehensive relationship between all aspects of financial liberalisation and economic growth in three countries from the Economic Community of West African States (ECOWAS). Employing ARDL bounds test approach and real GDP per capita as growth indicator; the thesis finds support in favour of the McKinnon-Shaw hypothesis but also finds that the increases in the subsequent savings and investments have not been transmitted into economic growth in two of the studied countries. Moreover, the thesis also finds that stock market developments have negligible or negative impact on economic growth in two of the selected countries. The thesis concludes that in most cases, it is not financial liberalisation polices that affect economic growth in the selected ECOWAS countries, but rather increase in the productivity of labour, increase in the credit to the private sector, increase in foreign direct investments, increase in the capital stock and increase in government expenditure contrary to expectations. Interestingly, the thesis also finds that export has only negative effect on economic growth in all the selected ECOWAS countries. The thesis therefore, recommends that long-term export diversification programmes be implemented in the ECOWAS regions whilst further investigation is carried on the issue.

Examines the approach of Ghana's Alternative Dispute Resolution Act 2010 to the question of arbitrability. Reflects on the concept of arbitrability under international law, the relevant trends emerging from case law, and the approach adopted by the Ghanaian High Court in Attorney General v Balkan Energy LLC. Reviews the Act's arbitrability exemptions, their implications for international arbitration in Ghana, the potential jurisdictional challenges under the legislation and how its provisions could be amended to increase its conformity with international trends on arbitrability.

This thesis investigates the influence of board structure and ownership concentration on the level and value relevance of intellectual capital disclosure. This thesis is motivated by the limited post-IFRSs (International Financial Reporting Standards) adoption intellectual capital disclosure studies carried out in a less stringent regulatory environment of New Zealand, and limited research addressing the determinants of the level and value relevance of intellectual capital disclosure. Based on an application of agency theory, cost-benefit theory and value relevance approach, this thesis argues that firm-specific factors are expected to have a significant impact on the level and value relevance of intellectual capital disclosure. Within the agency theory, board structure and ownership concentration mitigate agency costs by enhancing the monitoring function of the board over managers’ opportunistic behaviour, which consequently influence the level of intellectual capital disclosure. In addition, as New Zealand has less tough rules in relation to board structure and ownership concentration, it is expected that these relationships will be more easily identified in the New Zealand context. Second, as most of the intellectual capital disclosure is voluntary, this disclosure is subject to a firm’s cost-benefit analysis. Cost-benefit theory suggests that a firm should not fully disclose its information unless the benefits outweigh the costs of the disclosure. Therefore, the level of intellectual capital disclosure is also influenced by the factors that determine the costs and benefits of the disclosure. Finally, this thesis adopts the value relevance approach to measure the quality of the disclosure. It is expected that the factorsassociated with the level of the disclosure also influence the value relevance of the intellectual capital disclosure. This thesis is based on a sample of 155 firms listed on the New Zealand Exchange covering a total of 519 firm-years over the period between 1 January 2008 and 31 August 2011. A self-developed disclosure index and multiple regression analysis are employed to test the hypothesised relationships. Overall, the results indicate that the average level of intellectual capital disclosed by New Zealand listed firms is low and the human capital component is the most frequently disclosed intellectual capital component. The results provide strong evidence that board structure characteristics, including board size and independence, have a significant positive impact on the level of intellectual capital disclosure. There is strong evidence for a non-linear relationship between ownership concentration and the level of intellectual capital disclosure, which is robust to various types of intellectual capital (i.e. human, relational and structural capital). The results show marginal evidence that board gender diversity has a positive impact on the level of intellectual capital disclosure. In terms of the value relevance of intellectual capital disclosure, only board size has a positive impact on the value relevance of the intellectual capital disclosure. In the individual component analysis, board independence is found to have a significant positive impact on the value relevance of the human and relational capital disclosures. This thesis provides the most recent evidence on the influence of board structure and ownership concentration on the level and value relevance of intellectual capital disclosure in a less stringent regulatory environment of New Zealand. These findings have important implications to regulators, and assist information users in the interpretation of the voluntary intellectual capital disclosure.

The goal of this dissertation is to analyse the extent to which the South African legal framework governing the trans-boundary transportation of dangerous goods, provides for the regulation of environmental aspects in terms of dangerous goods transportation. The dissertation examines the role of regional and sub-regional laws in this regard in an effort to ascertain whether there is sufficient legal certainty and harmonisation of laws for environmental regulation. No specific law currently exists in South Africa regarding the regulation of dangerous goods transportation, rather the regulation of dangerous goods is effected by a multiplicity of laws. This state of affairs illustrates the difficulty that exists and may be associated with the enforcement of the regulation of dangerous goods transportation. Despite this, the multiple laws vividly elucidate the fact that there is a considerable degree of environmental protection vis-a-vis dangerous goods transportation premised on the fact that all environmental impacts could never be avoided or eliminated, but can be reduced to an extent.