Faculty of Law: Recent submissions
Now showing items 1-20 of 605
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Assessing the constitutionality of section 56A of the Local Government: Municipal Systems Amendment Act, 2011 (Act 7 of 2011)
(University of the Western Cape, 2018)In the South African local government context, municipalities are operationally governed through two arms: the political arm and the administrative arm. Both arms work simultaneously in ensuring that the municipality ... -
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, ... -
The need to recalibrate the Africa trade facilitation legal framework to achieve an enduring intra-African trade
(University of the Western Cape, 2018)It is necessary to improve on Africa poor and stagnated share of the global trade and to attract bigger share of the global investments funds to meet the growing developmental challenges. The bottlenecks at the borders ... -
Assessing the impact of the 2016 constitution on intergovernmental relations in Zambia.
(University of the Western Cape, 2018)Decentralisation is the transfer of power, responsibilities, capacities and resources from the centre to the sub-units of the government. The main objective is to foster the capacity of local government to deliver services ... -
The significance of the amendments made to section 198 of the Labour Relations Act 66 of 1995.
(University of the Western Cape, 2018)In the South African employment context, temporary employment service (hereinafter referred as TES), also known as labour broking, is regulated by the Labour Relations Act.1 Under the previous LRA (prior 2014 legislative ... -
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 ... -
The right to water in the constitution and sustainable development in South Africa
(University of the Western Cape, 2018)The South African Constitution, 1996 has placed the right to sufficient water as a Constitutional right. The provision of this right by the Constitution intends to redress the violation of human rights, to ensure that ... -
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 ... -
Statelessness and the rights of Children in Kenya and South Africa: A Human Rights Perspective
(University of the Western Cape, 2018)Stateless children and those at risk of becoming stateless has been an ongoing issue both on a domestic level as well as internationally. In many African countries children face discriminatory and arbitrary nationality ... -
The challenge associated with upholding the human rights of asylum seekers during the refugee status determination process in South Africa
(University of the Western Cape, 2018)Foreign nationals regularly finds themselves seeking refuge in a host country such as South Africa. One would expect that due to comprehensive legislation ranging from national to international level, foreign nationals ... -
Democracy in action: Public participation and the progressive realisation of socio-economic rights
(University of the Western Cape, 2012)While the Constitutional Court has repeatedly enforced a duty to meaningfully engage with communities where the provision of basic social services and goods is at stake, uncertainty about the form, extent and quality of ... -
Invesment law in a globalised enviroment: A proposal for a new foreign direct invesment regime in Zimbabwe
(University of the Western Cape, 2017)Most developed countries that enjoy the lion's share of foreign investment do not have domestic legal frameworks on foreign direct investment. This is because investors are attracted by a holistic picture of these countries. ... -
The legal protection of sound, scent and colour marks in South Africa: Lessons from the European Union and the United States of America
(University of the Western Cape, 2018)A trade mark is defined as a sign that is capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trade marks, copyright, patents and designs are some of the forms of intellectual ... -
Regulating third party funding in arbitrations help within South Africa
(University of the Western Cape, 2018)The decision by countries to relax the common law doctrines of maintenance and champerty to accommodate Third Party Funding (TPF) in dispute resolution has sparked a worldwide debate. The controversial practice of funding ... -
The Effectiveness of the Swkopmund Protocol on the Protection of Traditional knowledge in Namibia.
(University of the Western Cape, 2017)Traditional knowledge has been around for centuries and has gained over the centuries and adapted to the local culture and environment, traditional knowledge is transmitted orally from generation to generation. It tends ... -
The Impact of the Legal Framework for Local Government on Building and Sustaining Coalitions in Municipal Councils
(University of the Western Cape, 2018)In any democratic society, elections are a significant mechanism for citizens to communicate with their representatives. As a result, elections provide a window of opportunity to every voter to hire or fire any political ... -
The Challenges faced by Truth Commissions as a result of the selection and appointment of Truth Commissioners
(University of the Western Cape, 2017)As states continue to rapidly transition from conflict or autocracy to democracy, there has been need to address past gross human rights violations. To address these past egregious violations, transitioning countries often ... -
The supervision of local government in Zambia: An imbalance between supervisory powers and local autonomy?
(University of the Western Cape, 2018)Since gaining independence in 1964, Zambia has embarked on a number of reforms, including legislative, aimed at improving the effectiveness of its decentralised system of government. Local government received constitutional ... -
An assessment of Ghana's anti-dumping regime in line with the World Trade Organisation Anti-Dumping Agreement
(University of the Western Cape, 2017)The establishment of an anti-dumping regime has become commonplace for many a government that seeks to protect and promote its local industries. One reason which appears to be dominant by its proponents is the need to curb ... -
Impact of Cleint Record Keeping on the Legal Profession in South Africa
(University of the Western Cape, 2017)The combating of money laundering has become crucial since it has escalated from a domestic to an international problem and vice versa. South Africa, in an attempt to combat money laundering has enacted anti-money laundering ...
