Browsing Magister Philosophiae - MPhil (Law) by Issue Date
Now showing items 41-60 of 76
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The impact of the Bali agreement on the Doha round stalemate with particular reference to the interests of developing and least developed countries
(University of the Western Cape, 2016)The problem that this Research Paper is aiming to examine is whether the Bali Agreement has successfully impacted on the consensus pitfalls and the Doha Round stalemate as shown in the background to the study. -
The impact of agricultural subsidies on the policy of agricultural exports in South Africa within the context of WTO jurisprudence
(University of the Western Cape, 2016)The aim of the research is to establish how trade distorting agricultural subsidies have impacted South Africa’s agricultural exports. The research will explore trade distorting subsidies and how South Africa’s trade ... -
The scope and content of the child's right to identidy in the context of surrogacy
(University of the Western Cape, 2017)The development of assisted reproductive technology (ART) has radically changed the landscape of the conventional family. It has permitted a platform for the creation of families and family structures with tremendous ... -
Can a multilateral agreement on investment reduce double tax treaty abuse in developing countries?
(University of the Western Cape, 2017)Over the years, the world economy has experienced growth in foreign direct investments (FDI), with the role of developing countries becoming more evident as both recipients and investors alike. The proliferation of ... -
Balancing the marine ecosystem through the protection of estuaries
(University of the Western Cape, 2017)Estuaries are highly productive types of ecosystems worldwide and of considerable value, yet are some of the most degraded systems on earth. South African estuaries are widely distributed across the State and cover a ... -
The people shall govern: Constituent power and the South African Constitution
(University of the Western Cape, 2017)The South African negotiations process, in the true spirit of classical liberalism, emphasised juridical continuity, legality, and gradual political change. But in spite of this and the fact that South Africa’s constitution-making ... -
Balancing trade remedies and preferential trade agreements: A South African experience
(University of the Western Cape, 2018)Over the past decade countries have embraced globalisation. The depth and influence of globalisation has grown significantly since the 19th century. Globalisation has accelerated mainly due to increased integration in trade ... -
Local government finance under Zambia's 2016 constitution
(University of the Western Cape, 2018)When Zambia got its independence in 1964, there was neither a constitutional reference to local government nor constitutional provisions for local government finance. However, the new Zambian government inherited a ... -
Assessing the impact of the 2016 constitution on intergovernmental relations in Zambia.
(University of the Western Cape, 2018)Decentralisation is the transfer of power, responsibilities, capacities and resources from the centre to the sub-units of the government. The main objective is to foster the capacity of local government to deliver services ... -
The need to recalibrate the Africa trade facilitation legal framework to achieve an enduring intra-African trade
(University of the Western Cape, 2018)It is necessary to improve on Africa poor and stagnated share of the global trade and to attract bigger share of the global investments funds to meet the growing developmental challenges. The bottlenecks at the borders ... -
The right to water in the constitution and sustainable development in South Africa
(University of the Western Cape, 2018)The South African Constitution, 1996 has placed the right to sufficient water as a Constitutional right. The provision of this right by the Constitution intends to redress the violation of human rights, to ensure that ... -
The significance of the amendments made to section 198 of the Labour Relations Act 66 of 1995.
(University of the Western Cape, 2018)In the South African employment context, temporary employment service (hereinafter referred as TES), also known as labour broking, is regulated by the Labour Relations Act.1 Under the previous LRA (prior 2014 legislative ... -
A comparative study on dismissal by operation of law in terms of the Public Service Act: South Africa and Namibia
(University of the Western Cape, 2019)The right to fair dismissal in South Africa is prescribed in the Labour Relation Act 66 of 1995 as amended. Employees may only be dismissed on grounds of misconduct, incapacity and operational requirements. The requirements ... -
A critical analysis of the African Union’s self-financing mechanism
(University of the Western Cape, 2019)In the process of describing the background to the problem, the author will in this section firstly, explain what the African Union (AU) has implemented, secondly, explain the relevant rules and regulations that need to ... -
The administrative autonomy of local authorities in Zambia under the 2016 Constitution
(University of the Western Cape, 2019)Zambia has, since independence in 1964, endeavoured to build an effective local government system anchored on decentralisation in an effort to attain the values and principles of democracy, autonomy and transparency. These ... -
Directors personal liability for irregular, wasteful and fruitless expenditure in South African (SA) state owned companies (SOC)
(University of the Western Cape, 2019)Directors of companies are the forerunners in overseeing and strategically managing a company.1 The Companies Act 71 of 2008 (the Companies Act) gives the board of directors the legislative obligation for a company to ... -
Playing in the shadows: An analysis of childhood statelessness and the right to nationality in South Africa and Zimbabwe.
(University of Western Cape, 2019)The Universal Declaration on Human Rights (UDHR) provides that „everyone has the right to nationality.‟1 Nationality2 refers to the legal relationship between a State and an individual.3 The consequences are that this legal ... -
Unfunded budgets in local government
(University of Western Cape, 2020)The Constitution of the Republic of South Africa entrenches the status of local government as a distinct sphere of government.1 In terms of section 40(1), the government of the Republic is constituted of three spheres, ... -
Evaluating the impact on the girl child through the criminal activities associated with the practice of ukuthwala
(University of the Western Cape, 2020)Ukuthwala is an ancient cultural practice that has been exercised in various parts of South Africa, especially in the Eastern Cape. It occurs in different communities and is informed by traditional beliefs. The man’s family ... -
Comparative analysis of temporary employment services in South Africa, particularly labour brokers
(UWC, 2020)In the early 1990s, South Africa (SA) entered its democratic transition, which created expectations of a dramatic turnaround in the country’s economy.1 The readmission of SA to the global arena introduced the economy to ...