Browsing Faculty of Law by Author "Faculty of Law"
Now showing items 41-60 of 173
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A critical legal and economic analysis of the potential threats and opportunities associated with the outsourcing of e-commerce services in developing countries with specific emphasis on India and selective SADC countries
Van Wyk, J. W. (University of the Western Cape, 2005)This paper has critically investigated the nature of risk posed by regulatory authorities in OECD (Organisation for Economic Co-ordination and Development)countries in inhibiting the flourishing growth in the market for ... -
A critical reflection on the African Women's Protocol as a means to combat HIV/AIDS among women in Africa
Amollo, Rebecca (University of the Western Cape, 2006)It is within the context of the persistent feminisation of the HIV and AIDS pandemic that this study, based on the normative provisions of the African Women's Protocol, focused on gender, sex and sexuality in the context ... -
The current trends towards trade related aspects of intellectual property tights (TRIPS) compliance by the least developed countries: a Rwandian persepctive
Ngoga, Eustache. (University of the Western Cape, 2007)Many critics have questioned whether the protection of the IPRs would benefit developing countries. It was argued in this paper that developing countires have the interest in protecting IPRs as well. However, it was showed ... -
Decentralisation in SADC countries :transformation and challenges of decentralisation
Issa, Abdul-hakim Ameir (University of the Western Cape, 2004)This study focussed on the transformation of the institutions of local government from deconcentration, delegation to devolution. This transformation can be looked at starting with the institutions inherited from the ... -
The decriminalisation of prostitution in South Africa : towards a legal framework
Rhoda, Gary (University of the Western Cape, 2010)This mini-thesis seeks to provide a substantiation for the need for a new legal framework for South Africa in order to address prostitution. It will argue that the current legal framework has failed in its desired aims and ... -
Defining the concept "Fiduciary Duty" in the South African law of trusts
Rahman, Latiefa (nee Manie) (University of the Western Cape, 2006)An aspect of the South African law of trusts which has, despite the abovementioned evolution of South African trust law, not been clarified, is the ambit of a trustee's fiduciary duty. This, however, is not only the position ... -
Developing an independent regulatory framework for the financial sector in Malaŵi
Sunduzwayo, Madise (University of the Western Cape, 2011) -
Disability discrimination and reasonable accommodation in the South African workplace
Hurling, Dawn Nadine (University of the Western Cape, 2008)People with disabilities are a minority group who has suffered disadvantage especially in the workplace. They currently enjoy Constitutional and legislative protection in a democratic South Africa. -
Divorce in matrilineal customary law marriage in Malawi: a comparative analysis with the patrilineal customary law marriage in South Africa
Mwambene, Lea (University of the Western Cape, 2005)This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, ... -
The domestication of international law standards on the rights of the child with specific reference to juvenile justice in the African context
Odongo, Godfrey Odhiambo (University of the Western Cape, 2005)The thesis focused on how the advent of children's rights, in particular the Convention on the Rights of the Child (CRC), has impacted on the subject of juvenile justice and embarked on a practical examination of law reform ... -
The emergence of trade in services as an emerging, international trading commodity from a South African perspective
Jacobs, Abdul Karriem (University of the Western Cape, 2005)The reason for highlighting the difference between GATT and GATS is to focus on the impact of these agreements on the developing countries and in particular the latter will be the main focus of this paper. The economies ... -
Employer's prerogative in the context of outsourcing
Ten Berge, Susanne Francijna Maria (University of the Western Cape, 2005)This research paper investigated whether there are any limitations or restraints in the Labour Relations Act 66 of 1995, which possible keeps an employer from outsourcing functions or parts of a business to a third party. -
Enforcing the economic, social and cultural rights in the South African Constitution as justicable individual rights: the role of judicial remedies
Mbazira, Christopher (University of the Western Cape, 2007)Judicial remedies are, amongst others, a vehicle through which respect, protection, promotion and fulfilment of human rights can be delivered to those who need them. A remedy is the perspective from which litigants judge ... -
Enhancing the capacity of policy-makers to mainstream gender in trade policy and make trade responsive to women's needs: A South African perspective
Nkuepo, Henri J. (University of the Western Cape, 2010)The impact of trade policies on the pursuit of gender equality is often ignored. Recognising the link between trade and gender, this dissertation aims to enhance the capacity of policy-makers to mainstream gender in trade ... -
Environmental dispute resolution in Tanzania and South Africa: a comparative assessment in the light of international best practice
Mirindo, Frank (University of the Western Cape, 2008)This research examines the effectiveness of these dispute resolution mechanisms in environmental disputes and what improvements should be made in order to make those mechanisms suitable for these types of disputes. -
Equality and non discrimination in tertiary education for the visually impaired
Pillay, Justin (University of the Western Cape, 2009) -
The European Union relationship to the Africa, Caribbean and Pacific countries in terms of the Cotonou Agreements: will the economic partnership agreements aid regional integration
Li, Jinxiang (University of the Western Cape, 2005)The main purpose of this paper was to explore the role economic partnership agreements play in regional integration. The whole paper was premised on identifying the nature of economic partnership agreements that is conceived ... -
Evictions; towards a transformative interpretation of the constitutional requirement of considering 'all relevant circumstances'
Samaai, Seehaam (University of the Western Cape, 2006)This research paper aimed to explore the relevant circumstances that the legislature has specified must be considered before an eviction application is granted and the meaning that the courts have given these circumstances ... -
An examination of the extent to which South Africa is meeting its legal obligations with regard to the protection of undocumented foreign migrant children
Van der Burg, Anthea (University of the Western Cape, 2005)This thesis examined the extent to which South Africa has domesticated the international provisions protecting foreign migrant children. The thesis further investigated procedural gaps and makes recommendations in respect ... -
The feasibility of retaliation as a trade remedy under the WTO Dispute Settlement Understanding
Olaki, Clare (University of the Western Cape, 2007)The main aim of the research was to determine the viability of retaliation as a trade remedy under the Dispute Settlement Understanding. It was to establish whether retaliation as a remedy is beneficial to the entire WTO ...