Browsing Faculty of Law by Author "Faculty of Law"
Now showing items 21-40 of 173
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Changing terms and conditions of employment in the South African labour relations arena -- the approach of the courts: A comparative analysis
Petersen, Desmond (University of the Western Cape, 2004)This paper focused on how competing interests of employers and employees are accomodated in the South African Labour Relations arena. An analysis of the legislative framework was undertaken to establish how the legislation ... -
Child soldiers and international law in the Darfur Region of Sudan: does conflict transformation offer a solution?
Enoh, Adamson Akule Junior. (University of the Western Cape, 2008) -
The child's voice in the Hague Convention: Does ascertaining the child's view realise the best interests of the child in legal and related proceedings in terms of the Hague Convention on the Civil Aspects of International Child Abduction
Mia, Shanaaz Christine (University of the Western Cape, 2002)No abstract available. -
Children at both ends of the gun: towards a comprehensive legal approach to the problem of child soldiers in Africa
Mezmur, Benyam Dawit (University of the Western Cape, 2005)While the participation of children in armed conflict has been evident for some time, internal community mobilization on the issue is fairly recent. In 1993, the General Assembly of the United Nations adopted resolution ... -
Children's health service rights and the issue of consent
Mahery, Prinslean Sandra. (University of the Western Cape, 2007)Although the concept of human rights is very much accepted as part of human existence throughout the world today, there is still much controversy surrounding the idea of rights for children. The Constitution, however, not ... -
Cinema, cultural diversity and the globalization process.
Vincent, Bérénice (University of the Western Cape, 2005)The objective of this research was to examine the future of the cultural diversity of cinema through the GATS and the TRIPS Agreement -
Civil recovery of corruptly-acquired assets: a legal roadmap for Nigeria
Opedayo, Okubule Bukola (University of the Western Cape, 2010)The aim of this research paper is to examine the legal framework for the recovery of corruptly-acquired assets, with particular emphasis on the Nigerian situation. Its primary focus is a detailed examination of the legal ... -
Commentary on South Africa's position regarding equal pay for work of equal value: a comparative perspective
Hlongwane, Nomagugu (University of the Western Cape, 2004)This paper compared the South African concepts of pay equity and equal pay for work of equal value with those of industrialised countries, including the United States, the United Kingdom, Australia and Canada. The study ... -
"A comparison of the Cotonou Agreement and the AGOA: trade creating or trade diverting?"
Klostermann, Eva Amelie (University of the Western Cape, 2005)This thesis has attempted to provide an analysis of two legal instruments; the Cotonou Agreement and the AGOA. Specific attention was directed to these instruments impact on trade between the European Union and the United ... -
Competing water user sectors under a transformed South African water law: the role of local government, with a case study on the City of Cape Town Municipality
Mohamed, Shehaamah (University of the Western Cape, 2003)This thesis attempted to examine the enabling conditions of existing South African water law and its implementation by the appropriate authorities. The Cape Town Municipality's management over water supply and services is ... -
The concept of power sharing in the constitutions of Burundi and Rwanda
Nsabimana, Christian Garuka (University of the Western Cape, 2005)This paper aimed to analyse the impact of power sharing on democracy. The paper also compared the approach of Burundi and Rwanda in their constitutions to the concept of power sharing. -
The constitutional and contractual implications of the application of chapter 19 of the Children's Act 38 of 2005
Lewis, Samantha Vanessa (University of the Western Cape, 2011)In this research, I carefully and coherently examine Chapter 19 of the Children's Act 38 of 2005 as the first legislation to afford surrogate motherhood agreements legal recognition in South Africa. I argue that the ... -
Constitutionalising the common law : considering the constitutional dispensation which affords all workers protection via section 23 of the constitution
Beck, Gregory Wayne (University of the Western Cape, 2010)The purpose of this thesis is to broadly determine the influence of the Constitution on the South African labour environment and to do so from the perspective of the labour rights of workers who fall outside the ambit of ... -
The constitutionality of using deadly force against a fleeing suspect for purposes of arrest
Albertus, Chesne Joy (University of the Western Cape, 2007)The advent of the supreme Constitution signaled the beginning of an era during which the South African legal system must be intolerant to human rights violations. All laws and conduct must conform to the Constitution. If ... -
The convergence and divergence of International Humanitarian Law and International Human Rights Law
Loos, Clemens (University of the Western Cape, 2005)In this minithesis, I demonstrate that International Humanitarian Law and International Human Rights Law are two distinct but related fields of law. First, the examination deals with the instance that the aim of both ... -
Corporal punishment of children in Nigerian homes
Azong, Julius Awah (University of the Western Cape, 2011) -
The cost of bypassing MFN obligations through GSP schemes: EU-India GSP case and its implications for developing countries
Kabajulizi, Julian (University of the Western Cape, 2005)The principal objective of this research was a critical examination of the Generalised System of Preference schemes as a form of special and differential treatment under the Enabling Clause with specific reference to the ... -
The criminalisation of trading in influence in international anti-corruption laws
Philipp, Julia (University of the Western Cape, 2009)This paper will analyse critically the main sources, namely UNCAC, the African Union Convention on Prevention and Combating Corruption (AU Convention), the Southern African Development Community Protocol against Corruption ... -
A critical analysis of the trade-related aspects of intellectual property rights agreement and has South Africa complied with this agreement with special reference to patented pharmaceuticals
Satardien, Mogammad Zain (University of the Western Cape, 2006)The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) ia a multilateral international treaty introduced by the World Trade Organization (WTO) that came into effect on 1 June 1995. At a basic level it ... -
A critical appraisal of the right to primary education of children with disabilities in Malawi
Chilemba, Enoch MacDonnell (University of the Western Cape, 2011)