Faculty of Law: Recent submissions
Now showing items 1-20 of 624
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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 ... -
The African court on human and peoples’ rights: a test of African notions of human rights and justice
(University of the Western Cape, 2019)The African Court on Human and Peoples’ Right (the Court) is the most recent of the three regional Human Rights Bodies. Envisioned by the African Charter on Human and Peoples’ Right, its structures was not planned until ... -
Balancing trade remedies and preferential trade agreements: A South African experience
(University of the Western Cape, 2018)Over the past decade countries have embraced globalisation. The depth and influence of globalisation has grown significantly since the 19th century. Globalisation has accelerated mainly due to increased integration in trade ... -
The rule in Hollington v Hewthorn in the light of section 17 Of The Civil Proceedings Evidence Act 25 of 1965 in South Africa
(University of the Western Cape, 2018)South Africa, among others, has adopted, and is bound by, the so-called 'rule in Hollington‘ that originated in England in 1943 in Hollington v Hewthorn (hereinafter the 'Hollington case‘). The issue, among others, that ... -
The administrative autonomy of local authorities in Zambia under the 2016 Constitution
(University of the Western Cape, 2019)Zambia has, since independence in 1964, endeavoured to build an effective local government system anchored on decentralisation in an effort to attain the values and principles of democracy, autonomy and transparency. These ... -
The ratification of the international covenant on economic, social and cultural rights, strategic litigation and the right of access to adequate housing
(University of the Western Cape, 2018)Access to adequate housing is an important socio-economic right and is of central importance for the enjoyment of all rights. The right to access adequate housing is viewed as a fundamental human right and has been described ... -
Protecting girls against child motherhood and the rights of child mothers in Zimbabwe
(University of the Western Cape, 2018)The issue of child motherhood remains a key challenge, especially in developing countries such as Zimbabwe. Despite bearing the worst of its effects, Zimbabwe looks largely to have fallen short of answers to solve this ... -
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, ... -
Towards the effective utilisation of trade-related aspects of intellectual property rights flexibilities to improve access to essential medicines in Ghana
(University of the Western Cape, 2018)Access to medicines is an essential component of the basic human right to health and a key determinant of the importance attached to the health care system of a country. It essentially entails the availability and acceptability ... -
Sustainable Development Goal 6: A watershed moment for ensuring sustainable freshwater development and management?
(University of the Western Cape, 2018)Water is at the very core of sustainable development, critical for a thriving people, planet and prosperity. Water is regarded as a public good which is fundamental for health and life. Water is so important that it was ... -
Re-thinking the corporate social responsibility regulatory framework in South Africa
(University of the Western Cape, 2018)Corporate governance is a principle that has had multiple evolving definitions. The Cadbury Report (also known as Financial Aspects of Corporate Governance) of 1992 is a report that sets out recommendations for best practice ... -
A critical analysis of the African Union’s self-financing mechanism
(University of the Western Cape, 2019)In the process of describing the background to the problem, the author will in this section firstly, explain what the African Union (AU) has implemented, secondly, explain the relevant rules and regulations that need to ... -
The effect of the partial codification of the common law duties of directors in the companies Act 71 of 2008 on the liability of directors
(University of the Western Cape, 2018)The global financial crisis resulted in a corporate collapse in different parts of the world. The global financial crisis was caused by poor governance. Consequently many countries, including South Africa, began to place ... -
Meeting the minimum standards of the Palermo Protocol: The case of South Africa
(University of the Western Cape, 2019)This research is aimed at evaluating the adequacy and effectiveness of the legal framework dealing with human trafficking in South Africa. To achieve this purpose, a comprehensive overview of the punishment, prevention of ... -
“Tax evasion as a predicate offence for money laundering”
(University of the Western Cape, 2012) -
The African Court on Human and Peoples’ Right: A test of African notions of human rights and justice
(University of the Western Cape, 2019)The African Court on Human and Peoples’ Right (the Court) is the most recent of the three regional Human Rights Bodies. Envisioned by the African Charter on Human and Peoples’ Right, its structures was not planned until ... -
The law and policy governing inter-basin transfers of freshwater resources in the Southern African Development Community (SADC) region
(University of the Western Cape, 2011)Water scarcity is a worldwide threat. Fresh water resources are vital to human existence and survival. The challenge faced relates to the way these water resources are being distributed and managed. As an answer to this ... -
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 ...
