Browsing Doctor Legum - LLD by Title
Now showing items 19-38 of 114
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The centre cannot hold: The role of subnational governments in policing in South Africa
(University of Western Cape, 2019)South Africa continues to experience one of the highest crime rates in the world. Crime is unevenly distributed, and the police are not trusted by the majority of citizens. The power and responsibility for policing lies ... -
Competition law and cartel enforcement regimes in the global south: examining the effectiveness of co-operation in south-south regional trade agreements.
(University of the Western Cape, 2017)Competition law and its enforcement have become necessary tools in the face of trade liberalisation. Nowhere is this more evident than in the area of cross-border cartels. The global South is steadily becoming aware of ... -
Constitution-making in Zimbabwe : assessing institutions and processes
(University of the Western Cape, 2016)Since its conquest by Britain in 1890, Zimbabwe has witnessed a series of constitution-making projects. Spanning over 100 years, the question of constitutional development has continued to dominate public debate. The end ... -
Contractual discretionary powers and the essentialia of price and rental in the South African law of sale and lease – a jurisprudential and comparative analysis
(2013)This thesis concerns the tension that exists between the principles of certainty and freedom of contract (which includes the notion of contractual discretionary powers) and how this tension impacts on the requirement that ... -
Corporate capacity, special purpose vehicles, and traditional securitisation in South African company Law
(University of the Western Cape, 2019)The ideals of shareholder and creditor protection are affected by legislation pertaining to the validity of a company’s transactions. Until legislative reforms introduced in the twentieth century, a company’s capacity ... -
The crime of conspiracy in international criminal law
(University of the Western Cape, 2012)This contribution looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective ... -
A critical assessment of the legitimacy of the international investment arbitration system: a call for reform
(University of the Western Cape, 2014)Currently most international investment disputes are settled through arbitration. The origin of this dispute settlement system can be associated with the recent proliferation of over 3000 Bilateral Investment Treaties. ... -
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, ... -
A critique of the jurisprudence of the African commission regarding evidence in relation to human rights violations: A need for reform?
(University of the Western Cape, 2018)The success of any human rights system at the domestic, regional or international level requires an adequate development of the normative, institutional and jurisprudential frameworks. With regard to the African Commission, ... -
Decentralisation and Recentralisation in Anglophone Southern Africa: Factors driving the EBB and flow of power
(University of the Western Cape, 2020)Literature on multilevel government is replete with the virtues of decentralisation as a governing model. As a result, the discourse of decentralisation has found its way into the constitutions, legislation and policy ... -
Decentralisation in Uganda : a critical review of its role in deepening democracy, facilitating development and accommodating diversity
(University of the Western Cape, 2014)Uganda, like many African countries in the 1990s, adopted decentralisation as a state reform measure after many years of civil strife and political conflicts, by transferring powers and functions to district councils. The ... -
Decentralisation, development and accommodation of ethnic minorities: the case of Ethiopia
(University of Western Cape, 2012)Decentralisation of political, financial, and administrative powers to sub-national units has been, and remains to be, a major trend in both developing and developed states. Very often decentralisation is not optional ... -
Deploying transitional justice mechanisms as anti-corruption tools in Africa
(University of the Western Cape, 2020)This thesis advocates the expansion of the field of transitional justice to address corruption in African states emerging from conflict or authoritarianism. There is a close connection between corruption and conflict or ... -
Developing a Community Engagement Model as a Normative Framework for Meaningful Engagement During Evictions
(University of the Western Cape, 2016)The research problem of this study is the jurisprudential inconsistency in the application of the right in section 26(3) of the South African Constitution's Bill of Rights. The inconsistency is due to inadequate conceptualisation ... -
Devolution for development, conflict resolution, and limiting central power: an analysis of the constitution of Kenya 2010
(University of the Western Cape, 2013)State practice and literature suggest that devolution of power can address the main challenges of underdevelopment, internal conflict and abuse of centralised power in developing states. However, this thesis advances the ... -
Die inheemse kontraktereg van die bakwena ba mogopa van herbron in die odi I distrik van bophuthatswana
(University of the Western Cape, 1991)This study was undertaken to establish whether the phenomenon known contract appears in indigenous law and if it is possible to refer to indigenous contract law in general . Because indigenous law differs not between ... -
Die ontwikkeling van ʼn holistiese behuisingsevalueringsmodel vir laekostebehuising
(University of the Western Cape, 2007)Human ecologists agree with the government’s view that a house encompasses more than a structure, and that its environment and location are equally important in meeting the needs and expectations of the occupants. This ... -
Die swart vrou se reg om te erf
(University of the Western Cape, 2004)Hierdie studie het ten doel die ondersoek na die Swart vrou se reg om te erf, met besondere verwysing na die bestaanbaarheid van die manlike eersgeboorteregsreel in 'n grondwetlike konteks. Die metodologie is die van 'n ... -
The domestication of international law standards on the rights of the child with specific reference to juvenile justice in the African context
(University of the Western Cape, 2005)The thesis focused on how the advent of children's rights, in particular the Convention on the Rights of the Child (CRC), has impacted on the subject of juvenile justice and embarked on a practical examination of law reform ... -
The effect of a constitution and bill of rights on abortion in South Africa: A comparative study
(University of the Western Cape, 1995)This dissertation explores the effect that, the new democratic order could have on the abortion laws of South Africa. In particular, it investigates how the Transitional Constitution with its Bill of Rights may impact, on ...