Faculty of Law: Recent submissions
Now showing items 1-20 of 546
-
Revisiting Zimbabwe's First Generation BITs: A Case for Balancing Rights and Obligations
(University of the Western Cape, 2017)Foreign investments have many benefits; most of which are dependent on the kind of investment. For host countries, the expected benefits which would arise from their perspectives include, but are not limited to; technology, ... -
Revisiting Zimbabwe's First Generation BITs: A Case for Balancing Rights and Obligations
(University of the Western Cape, 2017)Foreign investments have many benefits; most of which are dependent on the kind of investment. For host countries, the expected benefits which would arise from their perspectives include, but are not limited to; technology, ... -
Does a right to access to adequate housing include a right to the city in South Africa?
(University of the Western Cape, 2017)The Constitution of South Africa is often commended for the protection that it affords to socio-economic rights - including the right to access to adequate housing, 'Adequate' housing is said to comprise of more than just ... -
Towards a regional investment dispute settlement system an African perspective
(University of the Western Cape, 2017)Foreign investment was believed to have been fostered by states signing bilateral investment treaties (BITS) and multilateral investment treaties as a way of protecting investors. The proliferation of such agreements has ... -
Balancing the marine ecosystem through the protection of estuaries
(University of the Western Cape, 2017)Estuaries are highly productive types of ecosystems worldwide and of considerable value, yet are some of the most degraded systems on earth. South African estuaries are widely distributed across the State and cover a ... -
Assessing the right to physical access to justice, for persons with disabilities
(University of the Western Cape, 2017)Access to justice for persons with disabilities is specifically safeguarded in a number of international conventions, standards and recommendations. The Rights of Persons with Disabilities to access to justice is explicitly ... -
Exploring the adoption and implementation of national anti-dumping measures in Uganda in the light of regional and international trade obligations
(University of the Western Cape, 2017)A tariff on imports (or customs duty) is a government imposed financial charge or tax on imported goods. It can be levied as a percentage of the import's value or as a specified tax per unit cost. Countries have debated ... -
Interception of communication by South African government agencies vis-a-vis the right to privacy: The law and the practice in light of the South African Constitution and the International Convention on Civil and Political Rights (ICCPR)
(University of the Western Cape, 2017)The right to privacy is recognised as one of the most important individual rights. It is considered to be central to the protection of one's human dignity. It also forms the basis of any democratic society. Furthermore, ... -
Are employees suffering from depression in the South African workplace protected by the existing disability provisions within employment law?
(University of the Western Cape, 2017)Depression is a mood disorder that negatively affects the way in which a person feels about himself or herself. This can ultimately affect an employee's ability to work, through reducing his or her capabilities to perform ... -
The Transformation of local government service delivery in South Africa: The failures and limits of legislating new public management
(University of the Western Cape, 2017)Apartheid local government failed to deliver services to the people of South Africa. Instead, it created huge spatial/settlement distortions, economic disparities, skewed urban economic logic, and massive service and ... -
Unaccompanied Minor Refugees and Asylum Seekers: Placement in Foster care and Adoption as Durable Solutions.
(University of the Western Cape, 2018)At the age of 15, Nestor Tata watched rebel soldiers in Democratic Republic of Congo (hereinafter DRC) kill his father, and not long afterwards came home from school to find the murdered body of his mother. With no siblings ... -
The Prosecution of sexual violence crimes under article 7 and 8 of the rome statue of the international criminal court: A reason for optimism?'
(University of the Western Cape, 2018)The Rome Statute gave birth to the International Criminal Court (ICC) on 17 July 1998. Its mandate is to assist the international community in the arduous task of closing the gap of impunity for the most heinous crimes, ... -
The Paralegal and the Right of Access to Justice in South Africa
(The University of the Western Cape, 2018)Political settlements in post-conflict democracies such as South Africa with its accompanying constitutional reforms have altered the relationship between citizens and the State, creating a new order of citizen entitlement ... -
The importance of competition policy and law in managing foreign direct investment in the Tripartite Free Trade Area - lessons to be learnt from South Africa and the European Union
(The University of the Western Cape, 2017)With the coming into force of the Tripartite Free Trade Area (TFTA) and the anticipated increase in trade between TFTA members, the need to regulate multijurisdictional business transactions will likely create an anomaly, ... -
The Prosecution of Sexual Violence Crimes under Article 7 And 8 Of the Rome Statute of the International Criminal Court: A Reason for Optimism?
(The University of the Western Cape, 2017)The Rome Statute gave birth to the International Criminal Court (ICC) on 17 July 1998. Its mandate is to assist the international community in the arduous task of closing the gap of impunity for the most heinous crimes, ... -
The British exit from the European Union and its effects on existing legislation and other member states
(The University of the Western Cape, 2017)The European Union (EU) was formed so as to maintain peace and to unify Europe in a bid to ensure that the events caused by the Second World War would never be repeated again. The idea was to bring the nations together ... -
The role of traditional leaders in local governance: A case study of Limpopo
(University of the Western Cape, 2017)Traditional leaders have existed in South Africa for a very long time. During the apartheid era they were the rulers of Bantustans or homelands. The roles of traditional leaders during the apartheid regime were, inter alia, ... -
The use of ethnicity as a factor for demarcating municipalities: the case of Malamulele and Vuwani communities.
(University of the Western Cape, 2017)In 1994, South Africa became a democratic country after many decades of resistance against apartheid. In 1996, the Constitution which is the supreme law of the country was adopted and provides for three spheres of government ... -
Minimum Resale Price Maintenance In South Africa: Rule of reason or per se prohibition?
(University of the Western Cape, 2016)The field of competition law has in an unprecedented way experienced an incredibly vast geographical expansion within a short period of time and as such it is no longer the exclusive feature of developed countries only. ... -
An Assessment of Ghana's Legal and Institutional Anti-Money Laundering Framework
(University of the Western Cape, 2017)The primary aim of an individual who engages in criminal activity, particularly at an organised level, is to make profit. However, criminals are not merely bent on gaining financial profit, but are especially desirous ...
