Browsing Doctor Legum - LLD by Title
Now showing items 21-40 of 106
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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 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 ... -
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 ... -
The effect of corruption on the 'available resources' for the right to housing as espoused by the Constitution of South Africa
(University of the Western Cape, 2016)The objective of this study was to expose how the ineffectiveness of the anti-corruption measures contributed in delaying the right to housing, as proffered by the Constitution of South Africa, to the impoverished population ... -
The effectiveness of the South African critical skills visa in comparative perspective
(University of the Western Cape, 2023)There are notable skill shortages in South Africa. This thesis explores the reasons behind the skills shortages, including the impact of apartheid on education, brain drain, brain waste, and lack of apprenticeships. ... -
Efficiency and social capital in Micro, Small and Medium Enterprises: the case of Ethiopia
(University of the Western Cape, 2008)This study extends the existing literature on how social networks enhance the performance and sustainability of small enterprises. More specifically, the study isolates and investigates the mechanisms through which social ... -
Enforceable rights for victims of crime in England and Wales
(University of the Western Cape, 2012)The thesis draws on the author's own contribution to a co-authored text Wolhuter, et al, 2009), which was aimed at introducing students to the legal landscape pertaining to victims' rights in England and Wales. All the ... -
Enforcing the economic, social and cultural rights in the South African Constitution as justicable individual rights: the role of judicial remedies
(University of the Western Cape, 2007)Judicial remedies are, amongst others, a vehicle through which respect, protection, promotion and fulfilment of human rights can be delivered to those who need them. A remedy is the perspective from which litigants judge ... -
Entrenching the right to regulate in the international investment legal framework: The African experience
(University of Western Cape, 2019)The existing traditional international investment law regime which is largely based on the conventional European and North American Model Bilateral Investment Treaties (BITs) has come under intense criticism. The argument ... -
Evaluating the effectiveness of the audit committee: A case for protection of the independence of the audit committee under the South African corporate structure
(University of the Western Cape, 2022)The recent wave of corporate governance failures in South Africa has exposed, among others, weaknesses in the realm of the audit committee as an oversight body within the corporate structure, both in private and public ...