Browsing Faculty of Law by Title
Now showing items 229-248 of 952
-
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
(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 analysis of Zimbabwe’s legal response to traditional cultural practices and gender- based violence.
(University of the Western Cape, 2014)The aim of the study was to assess Zimbabwe‘s legal response to gender-based violence that can be to traditional cultural practices. First, most traditional cultural practices in Zimbabwe are discriminatory towards women ... -
A critical appraisal of South Africa's voting patterns on resolutions of the United Nations Human Rights Council in the period 2008- 2010 and 2013-2015
(University of the Western Cape, 2015)Despite the fact that South Africa in terms of its Constitution and foreign policy believes in making human rights central to its activities, on many occasions in the UNHRC, it has been found voting opposite to these values. ... -
A critical appraisal of the criminalisation and prosecution of sexual violence under international criminal law
(University of the Western Cape, 2011)Sexual violence leaves the victims psychologically traumatised and stigmatised in the eyes of its community. Used on a large scale, sexual violence can destabilise a society as a whole and when used during armed conflicts, ... -
A critical appraisal of the current anti-money Laundering laws of Malawi with specific focus on trusts
(University of the Western Cape, 2015) -
A critical appraisal of the right to primary education of children with disabilities in Malawi
(University of the Western Cape, 2011) -
A critical assessment of the constitutionality of section 79(7) of the Correctional Services Act 111 of 1998, with specific reference to the proviso
(University of Western Cape, 2019)In recent years the issue of medical parole has become a controversial issue in South Africa. Prior to 2012, at which juncture the law governing the release of inmates on grounds of terminal illness was amended, there ... -
A critical assessment of the Ethiopian civil forfeiture law
(University of the Western Cape, 2019)Economic crimes pose a serious problem to the international community as a whole. Crimes, such as corruption, money laundering, terrorist financing, cybercrime and drug trafficking constitute obstacles to the development ... -
A critical assessment of the legitimacy of the international investment arbitration system: a call for reform
(University of the Western Cape, 2014)Currently most international investment disputes are settled through arbitration. The origin of this dispute settlement system can be associated with the recent proliferation of over 3000 Bilateral Investment Treaties. ... -
A critical assessment of Zimbabwe’s anti-dumping laws
(University of the Western Cape, 2018)Anti-dumping measures, safeguards and countervailing measures are trade remedies within the context of the World Trade Organisation (WTO). More specifically, the imposition of anti-dumping measures is a remedial measure, ... -
A critical evaluation of some of the legal implications of the "war on Terror'' in international humanitarian law.
(University of the Western Cape, 2007)It would have been ideal to begin a mini-thesis of this nature with a definition of the term terrorism. This approach will however not be taken for three reasons. Firstly, there are disagreements inherent in the definition ... -
A critical evaluation of the cases of Kenyatta and Ruto before the International Criminal Court
(University of the Western Cape, 2014)The International Criminal Court (hereafter ‘ICC’ or ‘the Court’), in its fight against impunity is slated to put on trial, in conformity with Article 27 of the Rome Statute1, an incumbent Head of State and his Deputy for ... -
A critical evaluation of the Zimbabwe Anti-Corruption Commission
(University of the Western Cape, 2019)Corruption generally is regarded as one of the most serious obstacles to development. It is endemic in many African countries and is being blamed increasingly for weak economic growth, high socio-economic inequalities ... -
A critical examination of the law relating to cyber-crime in Uganda
(University of the Western Cape, 2019)Over the last two decades, the world has evolved to an e-era, wherein internet and other digital technologies have become key platforms for the world population, including Ugandans, to enjoy their rights of expression, ... -
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
(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 ... -
Critical overview of the application of the default system in South Africa's matrimonial property regimes
(University of the Western Cape, 2010) -
A critical reflection on the African Women's Protocol as a means to combat HIV/AIDS among women in Africa
(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 ... -
A critical review of corporate governance reforms relating to South African state-owned enterprises
(University of the Western Cape, 2015)Corporate governance reform is an important aspect of broader reforms aimed at securing an environment attractive to both domestic and foreign investors and that enhances the benefits of investment to society. Of particular ... -
A critique of the deterrent effect of international criminal justice in the prevention of mass atrocities
(University of the Western Cape, 2024)The International Criminal Court was established to prevent and deter persons from committing mass atrocities. The Court's founding has marked the start of a new era in international justice. The Statute of the Court, ...