Browsing Magister Legum - LLM (Public Law and Jurisprudence) by Author "NULL"
Now showing items 1-20 of 34
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Access to environmental information in international law: the significance of the MOX Plant case (Ireland v. United Kingdom)
Chamoux, Capucine (University of the Western Cape, 2005)Ireland and the United Kingdom are since 1993 in conflict about a Mox plant at Sellafield, on the Irish Sea. This plant is designed to recycle the plutonium which is produced during the reprocessing of nuclear fuel to ... -
An analysis of the difficulties related to victim participation before the International Criminal Court and the extraordinary chambers in the courts of Cambodia
Mwesigwa, Peter Katonene (University of the Western Cape, 2012)By any standard, victim participation is a relatively new phenomenon in international criminal law proceedings. Incredible advances have been made in the effort to end impunity for crimes against umanity, war crimes, ... -
Application of prescribed minimum sentencing legislation on juvenile offenders in South Africa
Momoti, Bafobekhaya Victor Lizalise (University of the Western Cape, 2005)The detention of juvenile offenders is not encouraged by both the Constitution and a number of international instruments. This right is entrenched in the South African Constitution (section 28(1)(g) ) which provides that ... -
An assessment of South Africa's obligations under the United Nations Convention against torture
Ackermann, Marilize (University of the Western Cape, 2010)I attempt to analyze South Africa's legal position pertaining to torture, in relation to the international legal framework. Since it has been established that torture and cruel inhuman and degrading treatment (CIDT) usually ... -
An assessment of the adequacy of the present legal regime for the conservation of wetlands and estuaries in South Africa
Booys, Ernest Jacobus (University of the Western Cape, 2011)Very little protection has been afforded to wetlands1 and estuaries within the South African legislative framework.2 These ecosystems are extremely important and valuable to mankind, the flora and fauna.3 The continued ... -
The challenges posed by mandatory minimum sentence legislation in South Africa and recommendations for improved implementation
Isaacs, Alfred Eugene (University of the Western Cape, 2004)Generally the Courts have a discretion to impose sentence. Violent crime was rampant in South Africa. The response of the legislature in dealing with crime was to enact legislation in 1997 like sections 51 to 53 of the ... -
Enhancing the capacity of policy-makers to mainstream gender in trade policy and make trade responsive to women's needs: A South African perspective
Nkuepo, Henri J. (University of the Western Cape, 2010)The impact of trade policies on the pursuit of gender equality is often ignored. Recognising the link between trade and gender, this dissertation aims to enhance the capacity of policy-makers to mainstream gender in trade ... -
Harmful traditional practices, (male circumcision and virginity testing of girls) and the legal rights of children
Le Roux, Lucinda (University of the Western Cape, 2006)In South Africa the practice of virginity testing is most prevalent in KwaZulu-Natal amongst the Zulu and Xhosa. Proponents of the practice claim that some of the benefits include the prevention of the spread of HIV/Aids ... -
Harmonization of SACU trade policies in the tourism & hospitality service sectors
Masuku, Gabriel Mthokozisi Sifiso (University of the Western Cape, 2009)The general objective of the proposed research is to do a needs analysis for the tourism and hospitality industries of South Africa, Botswana, Namibia, Lesotho and Swaziland. This will be followed by an alignment of these ... -
The impact of supervisory orders and structural interdicts in socio economic rights cases in South Africa
Lawrence, Rosline (University of the Western Cape, 2013)The sentiment of Justice Ackerman that courts have a particular responsibility and obligation to “forge new tools” and shape innovative remedies to achieve a goal, is profound and based on a constitution with a transformative ... -
The implementation of international criminal law in Malawi
Kalembera, Sylvester A. (University of the Western Cape, 2010)On 17 July 1998, a total of 120 States, including Malawi, voted for the adoption of the Rome Statute of the International Criminal Court. The ermanent ICC became operational on 1 July 2002. The ICC has jurisdiction over ... -
An international arbitration act for South Africa
Le Goff, Laurent (University of the Western Cape, 2005)When South Africa emerged from the era of isolation in 1994, it was faced with the fact that many of its laws relevant in the field of international trade and investment were outdated and inadequate. An obvious example is ... -
International criminal court Proprio motu intervention where a truth commission exists: the Kenyan situation
Kituku, Carolene (University of the Western Cape, 2010)Kenya’s December 2007 Presidential elections sparked a wave of violent clashes over allegations of election rigging. The protests broke out along ethnic lines, causing greater civil unrest. There have been allegations that ... -
International labour standards and international trade :can the two be linked?
Agulhas, Jaclyn Margaret (University of the Western Cape, 2005)In this paper I delve into the connection between trade policy and labour rights as probably one of the most controversial issues, which the international trading system is faced with today. Labour laws differ from country ... -
Links between international child abduction and relocation: moving towards likemindedness in relocation disputes internationally - Is it time for a protocol regulating international relocation disputes
Andrews, Pearl Deidre (University of the Western Cape, 2012)This by implication would mean that the best way to prevent child abduction is to desist from international marriages and moving abroad.The modern reality is that relationships are being formed internationally. In the ... -
The Nagoya protocol: a possible solution to the protection of traditional knowledge in biodiverse societies of Africa
Moody, Oluwatobiloba Oluwayomi (University of the Western Cape, 2011)There is a growing interplay of competing realities facing the international community in the general areas of innovation, technological advancement and overall economic development. The highly industrialised wealthy ... -
The pactum de non cedendo :a re-evaluation
Sunkel, Kelly Dawn (University of the Western Cape, 2009)Since the pactum de non cedendo is prohibitory by its nature and operation, our law should have proceeded with caution when determining its effect. This, unfortunately, is not what transpired in the locus classicus decision. ... -
The political / administrative interface: the relationship between the executive mayor and municipal manager
Surty, Fatima (University of the Western Cape, 2010)Local government is arguably the most significant sphere of government to lay citizens, as it is the point of contact of citizens with their government. Local government enables a direct link between the general public and ... -
Professionalisation of local government: legal avenues for enforcing compliance with competency requirements
Ntliziywana, Phindile (University of the Western Cape, 2009)This study is a response to the dilemma of poor service delivery or the lack thereof. In this regard, this study posits the professionalisation of local government as part of the solution. The focus is on the administrative ... -
The protection of traditional knowledge: challenges and possibilities arising from the protection of biodiversity in South Africa
Joelle, Dountio Ofimboudem (University of the Western Cape, 2011)Traditional Knowledge (TK) is the long standing wisdom, teachings and practices of indigenous communities which have been passed on orally, in the majority of cases, from generation to generation. TK is expressed in the ...