Browsing Faculty of Law by Author "NULL"
Now showing items 1-20 of 52
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Access to environmental information in international law: the significance of the MOX Plant case (Ireland v. United Kingdom)
Chamoux, Capucine (University of the Western Cape, 2005)Ireland and the United Kingdom are since 1993 in conflict about a Mox plant at Sellafield, on the Irish Sea. This plant is designed to recycle the plutonium which is produced during the reprocessing of nuclear fuel to ... -
An analysis of the difficulties related to victim participation before the International Criminal Court and the extraordinary chambers in the courts of Cambodia
Mwesigwa, Peter Katonene (University of the Western Cape, 2012)By any standard, victim participation is a relatively new phenomenon in international criminal law proceedings. Incredible advances have been made in the effort to end impunity for crimes against umanity, war crimes, ... -
An analytical study of South African prison reform after 1994
Muntingh, Lukas M. (University of the Western Cape, 2012)The history of prison reform after 1994 was shaped by the relationship between governance and human rights standards; the requirements for both are set out in the Constitution and elaborated on in the Correctional Services ... -
Application of prescribed minimum sentencing legislation on juvenile offenders in South Africa
Momoti, Bafobekhaya Victor Lizalise (University of the Western Cape, 2005)The detention of juvenile offenders is not encouraged by both the Constitution and a number of international instruments. This right is entrenched in the South African Constitution (section 28(1)(g) ) which provides that ... -
An assessment of South Africa's obligations under the United Nations Convention against torture
Ackermann, Marilize (University of the Western Cape, 2010)I attempt to analyze South Africa's legal position pertaining to torture, in relation to the international legal framework. Since it has been established that torture and cruel inhuman and degrading treatment (CIDT) usually ... -
An assessment of the adequacy of the present legal regime for the conservation of wetlands and estuaries in South Africa
Booys, Ernest Jacobus (University of the Western Cape, 2011)Very little protection has been afforded to wetlands1 and estuaries within the South African legislative framework.2 These ecosystems are extremely important and valuable to mankind, the flora and fauna.3 The continued ... -
Can labour law succeed in reconciling the rights and interests of labour broker employees and employers in South Africa and Namibia?
Mbwaalala, Ndemufayo Regto (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” ... -
The challenges posed by mandatory minimum sentence legislation in South Africa and recommendations for improved implementation
Isaacs, Alfred Eugene (University of the Western Cape, 2004)Generally the Courts have a discretion to impose sentence. Violent crime was rampant in South Africa. The response of the legislature in dealing with crime was to enact legislation in 1997 like sections 51 to 53 of the ... -
A critical analysis of the ministerial powers to appoint 'special interest' councillors in terms of Section 4 A of Zimbabwe's Urban Councils Act (2008)
Mapuva, Jephias (University of the Western Cape, 2012)Introduction: The appointment of special interest councillors in terms of section 4A of the Urban Councils Act has encountered much opposition from residents in many urban areas.8 The appointment has also attracted public ... -
A critical appraisal of the criminalisation and prosecution of sexual violence under international criminal law
Akia, Brenda (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, ... -
Devolution for development, conflict resolution, and limiting central power: an analysis of the constitution of Kenya 2010
Bosire, Conrad M. (University of the Western Cape, 2013)State practice and literature suggest that devolution of power can address the main challenges of underdevelopment, internal conflict and abuse of centralised power in developing states. However, this thesis advances the ... -
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 ... -
Enquiry into what frustrates the efficacy of preferential public procurement as a policy tool for black economic empowerment
Beukes, Soraya (University of the Western Cape, 2011)Black Economic Empowerment (BEE) has been a topic of discussion since the dawn of democracy in April 1994. Due to the entrenched inequalities of the past, economic empowerment is very important for the economic growth of ... -
The General Agreement on Trade in Services (GATS) and energy services liberalisation in the Southern African Development Community (SADC): issues and prospects
Paradza, Taapano (University of the Western Cape, 2011)Increasing energy needs globally have recently led to an interest in effectively bringing energy services in the trading system. Energy services were part of the Uruguay Round of negotiations, whose main achievement was ... -
Harmful traditional practices, (male circumcision and virginity testing of girls) and the legal rights of children
Le Roux, Lucinda (University of the Western Cape, 2006)In South Africa the practice of virginity testing is most prevalent in KwaZulu-Natal amongst the Zulu and Xhosa. Proponents of the practice claim that some of the benefits include the prevention of the spread of HIV/Aids ... -
The harmonisation of rules on the recognition and enforcement of foreign judgments in the southern African customs union
Rossouw, Mandi (University of the Western Cape, 2013)The Member States of the Southern African Customs Union (SACU) have set as their objectives, amongst others, the facilitation of cross-border movement of goods between the territories of the Member States and the promotion ... -
Harmonization of SACU trade policies in the tourism & hospitality service sectors
Masuku, Gabriel Mthokozisi Sifiso (University of the Western Cape, 2009)The general objective of the proposed research is to do a needs analysis for the tourism and hospitality industries of South Africa, Botswana, Namibia, Lesotho and Swaziland. This will be followed by an alignment of these ... -
Immunity for serving Heads of State for crimes under International Criminal Law: an analysis of the ICC-indictment against Omar Al Bashir
Adonis, Bongiwe (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 of supervisory orders and structural interdicts in socio economic rights cases in South Africa
Lawrence, Rosline (University of the Western Cape, 2013)The sentiment of Justice Ackerman that courts have a particular responsibility and obligation to “forge new tools” and shape innovative remedies to achieve a goal, is profound and based on a constitution with a transformative ... -
The implementation of international criminal law in Malawi
Kalembera, Sylvester A. (University of the Western Cape, 2010)On 17 July 1998, a total of 120 States, including Malawi, voted for the adoption of the Rome Statute of the International Criminal Court. The ermanent ICC became operational on 1 July 2002. The ICC has jurisdiction over ...