Browsing Magister Philosophiae - MPhil (Law) by Issue Date
Now showing items 1-20 of 76
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An accused's rights of access to police dockets for bail hearings
(University of the Western Cape, 1998)Bail has always been a controversial and contentious topic m constitutional debate. The sensational coverage by the media of the failure by the criminal justice system to make use of the existing resources in preventing ... -
Justifications for the use of force under contemporary international law - the Nato air strikes in Kosovo
(University of the Western Cape, 2000)The history of the territory known for the better part of the 20th century as Yugoslavia is a history of trying to amalgamate what nature seems determined to fragment - to "balkanise." Modern Yugoslavia arose after World ... -
The exceptions to patent rights under the WTO-TRIPS agreement : where is the right to health guaranteed?
(University of the Western Cape, 2002)Health as the world affirmed in the Universal Declaration of Human Rights more than fifty years ago, is a fundamental human right and an indispensable component of development under any economic policy model.2 Poverty in ... -
A reevaluation on international law and policy related to the quantification of environmental harm
(University of the Western Cape, 2003)The doctrine of quantification of environmental damage is one of the most highly contested aspects of international law and also national policy. In the context of environmental law, there are various questions that are ... -
The world trade organisation (WTO) and its dispute settlement system - political and legal implications for South Africa.
(University of the Western Cape, 2004)ln this mini thesis, I explore the new WTO Dispute Settlement System in relation to developing countries' and South Africa's access to this system. I argue that this new system, as a rule based system allows for greater ... -
From Yugoslavia to Sierra Leone: advantages and shortcomings of the ad-hoc tribunals and the hybrid courts
(University of the Western Cape, 2004)In this Mini thesis, I compare the advantages of the hybrid courts with the international ad-hoc tribunals, arguing that the potential of the hybrid courts to work successfully is much greater than that of the ad-hoc ... -
The right to privacy and the challenge of modern cell phone technology
(University of the Western Cape, 2004)Privacy has been defined as a state in which one is not observed or disturbed by others and to have freedom from public attention. A person's right to privacy entails that such a person should have control over his or ... -
The use of groundwater as an option for the realization of the right of access to basic water and sanitation in South Africa
(University of the Western Cape, 2004)The most contentious issue in the present South African Constitution is the realization of the rights entrenched therein. These rights are contentious because they are justifiable in their nature, subject to judicial ... -
Towards a fairer multi-lateral trade relations between the European union and African Caribbean and pacific countries?
(University of the Western Cape, 2005)Sugar, bananas, beef and cotton are some of the few products, which are the primary commodities in many African, Caribbean and Pacific countries (ACP).2 Many are highly vulnerable small islands, landlocked and least ... -
Collective bargaining, minimum labour standards and regulated flexibility in the South African clothing manufacturing sector: at the level of the national clothing bargaining council's Western Cape sub-chamber
(University of the Western Cape, 2006)In the context of a society in which there is an urgent need to create jobs, this research considers, firstly, whether the current labour regulatory environment is flexible enough to allow for an employment scenario that ... -
Developing an Understanding of the factors related to the effective functioning of Community Health Committees in Nelson Mandela Bay Metropolitan Municipality, Eastern Cape Province, South Africa
(University of the Western Cape, 2007)This research aimed to investigate the factors related to the functioning of Community Health Committees in Nelston MandelaBay Municipality. It intended to elicit information on factors which promote and inhibit their ... -
Traditional leaders in South Africa: Yesterday, today and tomorrow
(University of the Western Cape, 2008)Traditional leaders were occupying communal political positions sanctified by cultural mores and values who enjoy the legitimacy of particular communities to direct their affairs. Their basis of legitimacy is tradition, ... -
Deductions from employees’ remuneration: seeking clarity in the law
(2009)Sectoral Determination 9,1 Wholesale and Retail Sector echoes the wording found in the Basic Conditions of Employment Act2 when it comes to the section pertaining to deductions from employees’ remuneration. It is unclear ... -
Is there a relation between the labour market regulation and the high unemployment rate in South Africa? an assessment of the south African labour market regulation
(2010)This research paper is a review of the assertion by some commentators that the regulation of the labour market is a cause of the high unemployment rate in South Africa. It starts by providing a historical background of ... -
A study of the employers attitudes towards matters stipulated in section 84 of the labour relations act no 66 of 1995 and how those relate to the objectives of the Bargaining Council for hairdressing trade, Cape Peninsula
(University of the Western Cape, 2010)The research conducted has been undertaken to engage the stakeholders to explore the possibility of establishing workplace forums. The gains of workplace forums with respect to sharing decision making is a distinct advantage ... -
The debate on sexual minority rights in Africa: A comparative analysis of the situation in South Africa, Uganda, Malawi and Botswana'
(University of the Western Cape, 2010)Gays, lesbians,2 and laws that criminalise homosexuality3 in Africa have been the subject of heated public debate in recent times.a Criminalisation and attempts at re-criminalisation of homosexuality in some African ... -
The General Agreement on Trade in Services (GATS) and energy services liberalisation in the Southern African Development Community (SADC): issues and prospects
(University of the Western Cape, 2011)Increasing energy needs globally have recently led to an interest in effectively bringing energy services in the trading system. Energy services were part of the Uruguay Round of negotiations, whose main achievement was ... -
Insulating municipal administration from instability caused by coalitions: a case study of the Western Cape
(University of the Western Cape, 2011)Instability in the administration of municipalities is a particularly serious problem in the Western Cape because of its large number of coalition councils. Coalitions have led to frequent changes in local governance and ... -
Legal and institutional measures: key requirements for effective municipal budget oversight
(University of the Western Cape, 2011)In South Africa, municipal councils are accorded a legal status and authority of a deliberative legislative body. This is considered critical for the municipal council to establish appropriate structures, processes and ... -
The role and effect of small arms in the recruitment of child soldiers in Africa: can the international law be strengthened?
(University of the Western Cape, 2011)It is an unfortunate and cruel reality that both government and armed groups used child soldiers during armed conflict. Child soldiers have become an integral part of government forces as well as insurgent groups in Africa ...