Browsing by Subject "International law"
Now showing items 1-20 of 21
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The accountability of juveniles for crimes under international law
(University of the Western Cape, 2016)Children have been committing crimes during times of war and other armed conflicts since time immemorial. Yet, it is only over the last few decades that cognisance is being taken of child soldiers as a type of juvenile. ... -
An analysis of the ‘likelihood of confusion’ test in the South African trademark law
(University of the Western Cape, 2022)This section contains an overview of trademarks and the objective is to provide background information to the discussion. Trademark law is a creature of statute except for the law of passing-off which comes from common ... -
Corrective rape of black African lesbians in South Africa: the realisation or oversight of a constitutional mandate?
(University of the Western Cape, 2012)In South Africa corrective rape is committed by African men as a form of social control to cure women of their homosexuality. The problem with corrective rape is that the victims of this crime are mainly black African ... -
Does the blockade of Gaza constitute genocide?
(University of the Western Cape, 2013) -
Gender persecution as a ground for asylum in South Africa and Canada: Reconceptualising a theoretical framework for assessing refugee claims by women
(University of the Western Cape, 2014)According to the United Nations High Commissioner for Refugees, women account for 48% of the refugees globally. "Persecution" is the central tenet in the refugee definition, but the ensuing jurisprudence was initially ... -
Human rights and international environmental law: Towards the development of an international environmental right?
(University of the Western Cape, 2018)The global state of the environment is deteriorating daily because of challenges posed by environmental degradation, including climate change. In recognition of the mounting global environmental crisis and its detrimental ... -
The impact of privatisation of water supply and services on the fulfilment of human water rights in selected developing countries
(University of the Western Cape, 2010) -
Interaction between international free trade and environmental protection: the continued search for balance
(University of the Western Cape, 2007)There is an existing conflict between trade and environmental policies. There are different opinions and attitudes in the relation between free trade and environmental protection. Free trade regards environmental factors ... -
The interaction between trade and climate change law and policy : from potential conflict to mutual supportiveness
(University of the Western Cape, 2012)Trade and climate change intersect in many ways. Aside from the broad debate as to whether economic growth and trade adversely affect the environment, linkages are recognized between existing rules of the World Trade ... -
Investigating the minimum age of criminal responsibility in African legal systems
(University of the Western Cape, 2008)The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. ... -
A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa
(University of the Western Cape, 2020)The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide ... -
The need for a comprehensive international convention on crimes against humanity
(University of the Western Cape, 2015)In the field of international law three core crimes generally make up the jurisdiction of international criminal tribunals: war crimes; genocide; and crimes against humanity. Only two of these crimes (war crimes and genocide) ... -
The protection of the right to freedom from torture and extradition in South Africa
(University of Western Cape, 2013) -
The Right to Strike - Is it an effective component in regulating the South African labour market?
(University of the Western Cape, 2003)This research paper presents an analysis of the right to strike in South Africa. It starts by providing a historical overview of labour relations in South Africa and the development of the right to strike. The discussion ... -
The role of international human rights law in guiding the interpretation of women's right to be free from violence under the South African constitution
(University of the Western Cape, 2010)The thesis firstly looks at how women's right to freedom from violence has developed in international (global) human rights law since the early 1990s. In this regard, the study finds that while the issue of violence against ... -
The significance of judicial independence in human rights protection: A critical analysis of the constitutional reforms in Zimbabwe
(University of the Western Cape, 2013)The primary basis of this construction is that one of the roles of the judiciary is that of enhancing and protecting human rights. This is an important function which is best implemented through judicial independence. ... -
Towards binding economic, social and cultural rights obligations of non-state actors in international and domestic law: a critical survey of emerging norms
(University of the Western Cape, 2005)This study argued that the issue of non-state actors requires a comprehensive response that includes the recognition of both non-binding and binding human rights obligations of these actors. It examined critically the ...