Browsing Magister Legum - LLM (Public Law and Jurisprudence) by Title
Now showing items 65-84 of 442
-
Closing Gacaca─analysing Rwanda’s challenges with regard to the end of Gacaca courts
(2013)In Rwanda, Gacaca courts, community-based traditional courts, were alternative solution of dealing with the legacy of genocide after the failure of modern model of justice. In 2012, Gacaca courts were repealed by the Organic ... -
The co-operation regime of the international criminal court: the obligation of states to arrest and surender
(University of Western Cape, 2009)The study attempts to identify the concrete mechanisms inherent in the co-operation regime of the ICC in relation to the arrest and surrender of suspects. By doing so, it attempts to contribute to a better understanding ... -
Combating cyber money laundering: selected jurisdictional issues
(University of the Western Cape, 2010) -
Commentary on South Africa's position regarding equal pay for work of equal value: a comparative perspective
(University of the Western Cape, 2004)This paper compared the South African concepts of pay equity and equal pay for work of equal value with those of industrialised countries, including the United States, the United Kingdom, Australia and Canada. The study ... -
Commercial ostrich farming: a critical analysis of South Africa’s flightless animal welfare and well-being legislation
(University of the Western Cape, 2023)Game farming is becoming an increasingly lucrative industry. The owning of game animals and farms has been around for decades and has increased significantly. This situation is illustrated by the fact that in 2019 there ... -
Comparative analysis of the legal framework for adoption under African customary law
(University of the Western Cape, 2022)While there is a comprehensive legal framework for the adoption of children under statutory law in Nigeria, South Africa, and Botswana, there is far less clarity on customary law adoption. This study explored how the ... -
A comparative study on the implementation of the Rome statute by South Africa and Germany: a case of fragmentation of international criminal law
(2013)The Rome Statute established the International Criminal Court (ICC). It provides that the Court is complementary to national jurisdictions. This entails that the primary jurisdiction over core crimes lies at the domestic ... -
"A comparison of the Cotonou Agreement and the AGOA: trade creating or trade diverting?"
(University of the Western Cape, 2005)This thesis has attempted to provide an analysis of two legal instruments; the Cotonou Agreement and the AGOA. Specific attention was directed to these instruments impact on trade between the European Union and the United ... -
Competing water user sectors under a transformed South African water law: the role of local government, with a case study on the City of Cape Town Municipality
(University of the Western Cape, 2003)This thesis attempted to examine the enabling conditions of existing South African water law and its implementation by the appropriate authorities. The Cape Town Municipality's management over water supply and services is ... -
“Compliance and enforcement: The Legal Suitability of the Utilisation of Criminal Sanctions in South African Environmental Law”
(University of the Western Cape, 2020)In this thesis I analysed the suitability and effectiveness of the criminal sanction with regards to compliance and enforcement in South African environmental law. My central argument is that the criminal sanction is not ... -
The concept of power sharing in the constitutions of Burundi and Rwanda
(University of the Western Cape, 2005)This paper aimed to analyse the impact of power sharing on democracy. The paper also compared the approach of Burundi and Rwanda in their constitutions to the concept of power sharing. -
The constitutional and contractual implications of the application of chapter 19 of the Children's Act 38 of 2005
(University of the Western Cape, 2011)In this research, I carefully and coherently examine Chapter 19 of the Children's Act 38 of 2005 as the first legislation to afford surrogate motherhood agreements legal recognition in South Africa. I argue that the ... -
Constitutionalising the common law : considering the constitutional dispensation which affords all workers protection via section 23 of the constitution
(University of the Western Cape, 2010)The purpose of this thesis is to broadly determine the influence of the Constitution on the South African labour environment and to do so from the perspective of the labour rights of workers who fall outside the ambit of ... -
The constitutionality of using deadly force against a fleeing suspect for purposes of arrest
(University of the Western Cape, 2007)The advent of the supreme Constitution signaled the beginning of an era during which the South African legal system must be intolerant to human rights violations. All laws and conduct must conform to the Constitution. If ... -
Consumer Protection; Efficient and Effective Bank Regulation in Zimbabwe
(University of the Western Cape, 2018)Zimbabwe is a Southern African country which has witnessed frequent bank collapses in the last two decades. This has eroded consumer and business confidence in the banking sector due to the irreparable financial prejudice ... -
Contesting Uganda's legislative homophobia in the African court on human and peoples' rights: Substantive and procedural challenges
(University of the Western Cape, 2014)In many societies, a division between genders exist. This differentiation is attributed to a patriarchal culture which creates gender norms in sexualities.1 A set of cultural practices and expectations exist; these cultural ... -
The convergence and divergence of International Humanitarian Law and International Human Rights Law
(University of the Western Cape, 2005)In this minithesis, I demonstrate that International Humanitarian Law and International Human Rights Law are two distinct but related fields of law. First, the examination deals with the instance that the aim of both ... -
Corporal punishment of children in Nigerian homes
(University of the Western Cape, 2011)