Browsing Faculty of Law by Title
Now showing items 111-130 of 952
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Balancing domestic regulation and trade liberalisation under the World Trade Organisational's multilateral rules on trade in services: a look at South Africa's telecommunications sector
(University of the Western Cape, 2008)The aim of this work is to analyse the current provisions on domestic regulation contained in the GATS, as well as to examine the negotiations on future disciplines currently being worked on by WTO members. In particular ... -
Balancing emancipatory legal pluralism and cultural relativism
(University of the Western Cape, 2022)The concept of legal pluralism receives tremendous attention in sub-Saharan Africa. Notably, this attention arises because of the domineering tendency displayed by transplanted European legal orders now known as state ... -
The balancing of competing rights : the right to disclosure at the International Criminal Court
(University of the Western Cape, 2015)It is trite law that an accused person has the right to have adequate time and facilities to prepare his defence. This is one of the fundamental ingredients for a fair trial well-established in both domestic and international ... -
Balancing the marine ecosystem through the protection of estuaries
(University of the Western Cape, 2017)Estuaries are highly productive types of ecosystems worldwide and of considerable value, yet are some of the most degraded systems on earth. South African estuaries are widely distributed across the State and cover a ... -
Balancing trade remedies and preferential trade agreements: A South African experience
(University of the Western Cape, 2018)Over the past decade countries have embraced globalisation. The depth and influence of globalisation has grown significantly since the 19th century. Globalisation has accelerated mainly due to increased integration in trade ... -
Benefit sharing from traditional knowledge and intellectual property rights in Africa: "an analysis of international regulations"
(University of the Western Cape, 2007)This thesis was written in the contemplation of the idea that, it is only through protection of the traditional knowledge in African local societies where these societies can rip the benefit of its commercialization and ... -
The Bill of Rights as the cornerstone of environmental justice in South Africa : an analysis of section 24
(University of the Western Cape, 2015) -
Black economic empowerment: a study of recommendation by the Black Economic Commission and the practical effects of the application thereof relative to similar experiences in other developing countries
(University of the Western Cape, 2005)The market value of Black Economic Empowerment (BEE) companies listed on the JSE Securities Exchange (JSE) has fallen to only 2% of the overall market capitalisation of the JSE. Many BEE companies have disappeared from the ... -
The Boko Haram insurgency and the child's right to education in Nigeria
(University of the Western Cape, 2016)Armed conflict impacts negatively on the child's right to education as the targeted attacks on schools, school children, teachers and school facilities can cause a drop in school enrolment and attendance as well as longer ... -
The Boko Haram violence from the perspective of International criminal law
(University of the Western Cape, 2015)This paper will explore the history of the outbreak of religious related violence in Nigeria and the response of Nigeria and the African Union to the acts of the Boko Haram group both legally and procedurally. The intervention ... -
Breaking to build: decentralization as an efficient mechanism for achieving national unity in Cameroon
(University of the Western Cape, 2010)Governing an ethnically diverse country constitutes a major challenge for state power and government in Cameroon. The call for national unity, championed by the regime in power has had to survive strong demands for greater ... -
Bring back our girls: A human rights analysis of child abductions by Boko Haram
(University of the Western Cape, 2018)As the world evolves new perils emerge which pose a significant threat to human and child rights, it is imperative that the protection of these rights is prioritised. Human rights can be defined as the rights that every ... -
The British exit from the European Union and its effects on existing legislation and other member states
(The University of the Western Cape, 2017)The European Union (EU) was formed so as to maintain peace and to unify Europe in a bid to ensure that the events caused by the Second World War would never be repeated again. The idea was to bring the nations together ... -
Can a multilateral agreement on investment reduce double tax treaty abuse in developing countries?
(University of the Western Cape, 2017)Over the years, the world economy has experienced growth in foreign direct investments (FDI), with the role of developing countries becoming more evident as both recipients and investors alike. The proliferation of ... -
Can labour law succeed in reconciling the rights and interests of labour broker employees and employers in South Africa and Namibia?
(University of the Western Cape, 2013)The ever increasing regional and global trade competition has manifested itself in a growing number of non-standard forms of employment including the increasing use of "temporary employment services" (or “labour brokers” ... -
A case for civil forfeiture in Ethiopia
(University of the Western Cape, 2014)This research paper aims to clarify and argue the need for Ethiopia to include civil forfeiture in its assets forfeiture legal framework. It will analyse the existing domestic assets forfeiture laws and international ... -
The centre cannot hold: The role of subnational governments in policing in South Africa
(University of Western Cape, 2019)South Africa continues to experience one of the highest crime rates in the world. Crime is unevenly distributed, and the police are not trusted by the majority of citizens. The power and responsibility for policing lies ... -
Challenges combating money laundering in the real estate sector in South Africa
(University of the Western Cape, 2021)South Africa’s main anti-money laundering legislation consists of 2 pieces of legislation, namely: The Financial Intelligence Centre Act (FICA)1 and the Prevention of Organised Crime Act (POCA).2 Money Laundering is often ... -
The challenges posed by mandatory minimum sentence legislation and recommendations for improved implementation
(University of the Western Cape, 2003)Towards the end of 1997 Parliament unanimously enacted legislation that prescribe severe mandatory sentences for a large number of serious offences. Sections 51, 52 and 53 of the Criminal Law Amendment Act1 (hereinafter ...