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Prosecuting the three core crimes: Complementarity in light of Africa’s new international criminal Court.
(University of Western Cape., 2019)
The principle of complementarity forms the basis upon which the International Criminal Court
(ICC) exercises its jurisdiction. This principle of international law first appears in the Preamble
to the Rome Statute and ...
Towards an effective protection for independent adolescent migrants in Africa
(University of Western Cape, 2019)
Every year approximately 33 million children leave their home countries and cross international
borders seeking refuge from war, instability, ethnic conflicts, natural and man-made disasters,
and extreme poverty. Among ...
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 ...
The impact of legal process outsourcing in South Africa
(University of Western Cape, 2020)
Legal Process Outsourcing (LPO), the act of sending legal work to an offshore
destination or onshore to another location within the same country by a law firm or
legal department to a legal outsourcing company, has ...
Inhuman sentencing of children: A foucus on Zimbabwe and Botswana
(University of Western Cape, 2020)
The prevalence of corporal punishment and life imprisonment sentences for children in Africa is tied to their legal history. Colonialism had an extensive impact on the criminal law of most African States, including the ...
The asset forfeiture regime in Malawi and its implications for the combating of money laundering
(University of the Western Cape, 2015)
The international legal framework on money laundering encourages states to put in
place effective systems for the identification, freezing, seizure and forfeiture of
proceeds and instrumentalities of crime. While the ...
Universal jurisdiction in respect of international crimes : theory and practice in Africa
(University of the Western Cape, 2015)
The crimes of genocide, war crimes and crimes against humanity are customary international law crimes. The African continent has experienced quite a number of cases involving these crimes, and the continent's ability and ...
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 ...
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 ...
The South African law of trusts with a view to legislative reform
(University of the Western Cape., 2016)
More than twenty years have passed since the Trust Property Control Act 57 of 1988 came into operation. Although the Act provided context, clarity and regulation in certain areas of trust law, it is apparent that there ...