Browsing Faculty of Law by Title
Now showing items 235-254 of 952
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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, ... -
A critique of the jurisprudence of the African commission regarding evidence in relation to human rights violations: A need for reform?
(University of the Western Cape, 2018)The success of any human rights system at the domestic, regional or international level requires an adequate development of the normative, institutional and jurisprudential frameworks. With regard to the African Commission, ... -
A critique of the SADC region’s regulatory response measures to the Covid-19 pandemic, paying special attention to travel restriction measures and their effect on food security
(University of the Western Cape, 2023)The transition in the economy around the globe has led many countries to pursue integration at various levels. The importance of regional integration is highly noted in various parts of the world, with the most successful ... -
Cross border tax assistance as a framework for revenue mechanism
(University of the Western Cape, 2023)A national tax authority i.e., SARS has a wide range of powers at its disposal to collect taxes that are not paid or on time or in their full amount within the borders of South Africa. The issue arises when a taxpayer ... -
Cryptocurrency intermediation in Africa: towards a regulatory framework for cryptocurrency intermediaries
(University of the Western Cape, 2019)There is a lot of speculation regarding potential benefits that the adoption of cryptocurrency use and cryptocurrency intermediation may have for the African continent due to the macro-economic instability of African ...