Browsing Magister Legum - LLM (Mercantile and Labour Law) by Title
Now showing items 51-70 of 81
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Mandatory court based mediation as an alternative dispute resolution process in the South African civil justice system
(University of the Western Cape, 2014)Civil litigation is the primary method of dispute resolution in the South African civil justice system. This process is characterised by a number of shortcomings which include the adversarial nature of the process which ... -
The market abuse control legislative regime of South Africa, Nigeria and the United Kingdom - an approach to regulation and monitoring in relation to certain aspects of the financial markets of South Africa
(University of the Western Cape, 2015)The regulation of market abuse is currently an ever evolving subject, to such an extent that it has been placed as a high priority for regulators worldwide.¹ The Financial Markets Act 19 of 2012 (FMA) of South Africa² ... -
Mediation as an alternative to litigation: A comparative study between South Africa and Germany
(University of Western Cape, 2019)The judicial court system in South Africa is overburdened, which results in parties having to wait for long periods of time to have their matters settled or even heard. Furthermore, the cost of litigation in South Africa ... -
Mergers and acquisitions as a strategy for business growth : a comparative overview
(University of the Western Cape, 2015)This paper focuses on mergers and acquisitions as tools for business growth, how these have come into existence, their strengths, and mainly the reasons for their failure. Taking a closer look on how these have emerged in ... -
Minimum Resale Price Maintenance In South Africa: Rule of reason or per se prohibition?
(University of the Western Cape, 2016)The field of competition law has in an unprecedented way experienced an incredibly vast geographical expansion within a short period of time and as such it is no longer the exclusive feature of developed countries only. ... -
Piercing the corporate veil : a critical analysis of section 20(9) of the Companies Act 71 of 2008
(University of the Western Cape, 2016) -
The potential impacts of contract review on foreign direct investments in mining resources: case study of Tanzania and Democratic Republic of Congo
(University of the Western Cape, 2012)This work deals with the potential impacts of contract review on foreign direct investments in mining resources. The research has cited Tanzania and the Democratic Republic of Congo as the case study because the two countries ... -
Protection of pregnant employees in the South African workplace : a labour law perspective
(University of the Western Cape, 2015)The Constitution of South Africa lists pregnancy as a prohibited ground for discrimination. The South African labour law regime likewise makes provision for the protection of women and pregnant employees in the workplace. ... -
Re-thinking the corporate social responsibility regulatory framework in South Africa
(University of the Western Cape, 2018)Corporate governance is a principle that has had multiple evolving definitions. The Cadbury Report (also known as Financial Aspects of Corporate Governance) of 1992 is a report that sets out recommendations for best practice ... -
The Reform of Namibia’s Cross-Border Insolvency Framework
(University of the Western Cape, 2015)This paper argues that there is a need for an improved cross-border insolvency regime as the common law principles applied in Namibia are outdated and thus ill-equipped to deal with present-day complex issues of cross-border ... -
Regional integration of financial services regulation and supervision in the Southern African Development Community
(University of the Western Cape, 2015)The purpose of this research is to examine the legal and institutional framework of financial services supervision and regulation in SADC. In doing so the study will probe the various models of financial services regulation ... -
Regulating third party funding in arbitrations help within South Africa
(University of the Western Cape, 2018)The decision by countries to relax the common law doctrines of maintenance and champerty to accommodate Third Party Funding (TPF) in dispute resolution has sparked a worldwide debate. The controversial practice of funding ... -
A revised role of good faith in the law of contract and employment contracts
(University of the Western Cape, 2019)Good faith is an open ended concept which refers to fair and honest dealings. The function of this concept is to give expression to the community’s sense of what is fair, just and reasonable. The concept of good faith has ... -
Revisiting Bilateral Investment Treaties (BITs) in the 21st Century : a Kenyan and South African experience
(University of the Western Cape, 2015)BITs signed prior to the 21st century are problematic. Some countries with BITs signed during this period have since reviewed those BITs and taken action to address the disadvantages the BITs held for the host nation or ... -
Revisiting Zimbabwe's First Generation BITs: A Case for Balancing Rights and Obligations
(University of the Western Cape, 2017)Foreign investments have many benefits; most of which are dependent on the kind of investment. For host countries, the expected benefits which would arise from their perspectives include, but are not limited to; technology, ... -
The role of good corporate governance in promoting developing countries as attractive investment destinations.
(University of the Western Cape, 2020)This thesis seeks to unpack the measures and structures that a developing nation can put into place to establish itself as a good investment destination. It discusses the three theories of corporate governance, and how ... -
A shareholder’s personal claim against directors for causing pure economic losses through diminution in share value: A South African critical analysis
(University of the Western Cape, 2020)If a company is harmed by the behaviour of a director as a result of financial misstatements, shareholders may suffer the economic consequences in the form of a diminution in the value of their shares. Failure on directorship ... -
Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia
(University of the Western Cape, 2016)The main objective of this paper is to critically analyse the solutions that countries are currently implementing in response to the much-debated issue that the conventional investor-state dispute settlement (ISDS) regime ... -
South Africa’s utilisation of the world trade organisations instruments in the protection of the textile and poultry industries
(University of the Western Cape, 2020)The World Trade Organisation (WTO) is the only global international organisation dealing with the rules of trade between nations.1 The WTO agreements uphold certain principles; one such principle is the rule of the ... -
The Effectiveness of the Swkopmund Protocol on the Protection of Traditional knowledge in Namibia.
(University of the Western Cape, 2017)Traditional knowledge has been around for centuries and has gained over the centuries and adapted to the local culture and environment, traditional knowledge is transmitted orally from generation to generation. It tends ...
