Faculty of Law: Recent submissions
Now showing items 1-20 of 595
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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 ... -
The decentralisation of powers and functions to local government under the 2016 Constitution of Zambia.
(University of the Western Cape, 2018)At independence in 1964, the United National Independence Party (UNIP)-led government in Zambia was, among other things, confronted with the challenge of transforming an inherited dual, undemocratic, racist and exploitative ... -
Decentralisation in Zambia: An analysis of local democracy.
(University of the Western Cape, 2018)Zambia has had a system of local government whose origin can be traced back to the colonial era. This system of local government, which is comprised by local authorities, did not have constitutional recognition. The 1996 ... -
The fragmented approach to confiscating dirty assets in Botswana
(University of the Western Cape, 2018)In the early 1990s Botswana faced rising levels of grand corruption and economic crimes in general. The laws could not cope with the high incidence of economic criminality, especially as regards the confiscation of dirty ... -
South-African german centre transnational criminal justice and crime prevention: An international and African perspective
(University of the Western Cape, 2017)Corruption is a global problem, which poses a serious threat to the development of countries and their people. Although its impact varies, all nations are facing the evils of corruption and, therefore, the international ... -
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 ... -
The international crimes division of Uganda: Complementry in practice
(University of the Western Cape, 2017)In previous centuries, millions of women, men and children were victims of inconceivable atrocities that deeply shocked the scruples of mankind. Regrettably, such crimes often went unpunished in the past. Several people ... -
An evaluation of Zimbabwe's national peace and reconciliation commission Bill, 2017
(University of the Western Cape, 2017)This is a study of Zimbabwe's National Peace and Reconciliation Commission Bill (hereafter NPRC Bill). The NPRC Bill seeks to bring the National Peace and Reconciliation Commission (hereafter NPRC) of Zimbabwe into operation. ... -
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 ... -
An appraisal of the Institutional framework under the Kenyan proceeds of crime and Anti-Money laundering act, 2009
(University of the Western Cape, 2017)Money laundering (ML) evolves in tandem with global technological advancement. This phenomenon calls for multi-faceted responsive measures at national and international levels to combat this nefarious crime.1 Today, combating ... -
Critical analysis of the SADC legal and policy framework for combating corruption in trafficking in persons
(University of the Western Cape, 2017)The fight against human trafficking requires a broad range of approaches, including the eradication of crimes that facilitate trafficking of human beings. The idea of committing crimes within crimes is common in most ...
