Browsing Faculty of Law by Title
Now showing items 419-438 of 914
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HIV testing from an African human rights system perspective: An analysis of the legal and policy framework of Botswana, Ethiopia and Uganda
(University of the Western Cape, 2007)The HIV/AIDS pandemic poses the greatest threat to Africa's efforts to achieve its full potential in the social, economical and political spheres. Cognizant of its devastating consequences, various mechanisms have been ... -
Holding South Africa Accountable : A Critique of the Reports Submitted to Treaty Bodies Pertaining to the Rights of Children with Disabilities
(University of the Western Cape, 2016)South Africa recently submitted reports to three treaty bodies regarding steps taken over the past two decades to implement the rights of children with disabilities. This study is focused on critically analysing the South ... -
How can Africa attract foreign direct investment, with specific reference to an investment strategy within Africa
(University of the Western Cape, 2004)This research focused primarily on certain bilateral agreements as well as relevant multilateral agreements that govern the world's investment system. Attention is given to governance in the world of foreign direct investment ... -
How can the rights of paying consumers to electricity be squared with the rights of Eskom to be paid?'
(University of the Western Cape, 2018)Electricity supply can be classified into three stages namely: generation, transmission and distribution, with the functions of generation and transmission being carried out by Eskom. In 2001, Eskom was converted from a ... -
How can the voice of the child be adequately heard in family law proceedings
(University of the Western Cape, 2004)Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional ... -
Human rights and international environmental law: Towards the development of an international environmental right?
(University of the Western Cape, 2018)The global state of the environment is deteriorating daily because of challenges posed by environmental degradation, including climate change. In recognition of the mounting global environmental crisis and its detrimental ... -
Human rights and the WTO: Incorporation or cooperation? Is there a need for an agreement on trade-related aspects of human rights?
(University of the Western Cape, 2005)The main objective of this paper was to explore and evaluate the viability of incorporating the promotion, enforcement and protection of human rights within the WTO agenda, mandate and framework. It further aimed to ... -
Human trafficking 2.0 the impact of new technologies
(University of the Western Cape, 2021)Human history is traversed by migration. This manifold global phenomenon has shaped the world to its current state, moving people from one place to another in reaction to the changing world. The autonomous decision to ... -
Humanitarian assistance in modern conflicts: neutral humanitarian aid under pressure
(University of the Western Cape, 2006) -
Hungry for knowledge, hungry for bread: Realising the right to food of students in South African tertiary institutions
(University of Western Cape, 2021)Many of the disadvantaged groups which are impacted by a high burden of poverty and are thereby food insecure in South Africa, have over the years received attention from the government, resulting in many interventionist ... -
The hybrid court model and the legitimacy of international criminal justice in Africa
(University of Western Cape, 2013)Hybrid Courts are the latest innovation in the prosecution of international crimes after the era of the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia ... -
Hybrid courts and their impact on the development of substantive international criminal law
(University of the Western Cape, 2013)The aim of this study is to scrutinise, in particular, the legal bases of and decisions taken by various hybrid courts with regards to such consolidating or fragmenting effects on substantive international criminal law. ... -
Illegal, unreported, and unregulated fishing : a paradigm shift from a regulatory issue to a transnational organised crime
(University of the Western Cape, 2016)The importance of the fisheries sector to world sustenance is extensive, ranging from being a source of employment and protein for subsistence farmers, particularly in developing countries, to providing social and economic ... -
The Illusion of the Rainbow Nation: The Unconstitutionality of Racial Classification?
(University of the Western Cape, 2020)In societies emerging from segregation or division based on the biological factors of race and/ or colour, the centrality (or lack thereof) of race and colour within those legal systems plays a critical role in the progression ... -
Immunity for serving Heads of State for crimes under International Criminal Law: an analysis of the ICC-indictment against Omar Al Bashir
(University of the Western Cape, 2011)This paper analyses head of state immunity, a traditional rule of international law, in relation to the indictments by the International Criminal Court (ICC) in 2009 against the current Sudanese President Omar Hassan Ahmad ... -
The impact and constitutionality of the proposed National Health Insurance scheme with regard to the provision of health services by subnational governments
(University of Western Cape, 2020)In South Africa, there are two health systems through which health services are delivered,1 namely private and public. These two systems were inherited from the apartheid regime.2 With South Africa’s political change from ... -
The impact of 9/11 on the South African anti-terrorism legislation and the constitutionality thereof
(University of the Western Cape, 2005)This paper aimed at analysing what was South Africa's response to its international obligations regarding the 9/11 events and how does such response comply with the country's constitutional framework. This study gave a ... -
The impact of agricultural subsidies on the policy of agricultural exports in South Africa within the context of WTO jurisprudence
(University of the Western Cape, 2016)The aim of the research is to establish how trade distorting agricultural subsidies have impacted South Africa’s agricultural exports. The research will explore trade distorting subsidies and how South Africa’s trade ... -
The impact of anti-money laundering legislation on the legal profession in South Africa
(University of the Western Cape, 2015)This thesis investigates the legislative measures employed in South Africa to combat the implication of lawyers in money laundering schemes. Criminals make use of sophisticated technological means to transfer money and ... -
The impact of armed conflict on child education in the Democratic Republic of Congo
(University of the Western Cape, 2020)This study investigates the the impact of armed conflict on child education in the Democratic Republic of Congo. Naturally, armed conflict affects negatively on people‟s life. In particular, armed conflict affects the ...