Browsing Magister Philosophiae - MPhil (Law) by Title
Now showing items 54-73 of 76
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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 ... -
An overview of the foster care crisis in South Africa and its effect on the best interests of the child principle : a socio-economic perspective
(University of the Western Cape, 2016) -
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 ... -
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 ... -
Realising the right to property for women in rural Lesotho
(University of Western Cape, 2021)The right to property is a human right guaranteed to all, including women, under various international legal instruments such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of ... -
A reevaluation on international law and policy related to the quantification of environmental harm
(University of the Western Cape, 2003)The doctrine of quantification of environmental damage is one of the most highly contested aspects of international law and also national policy. In the context of environmental law, there are various questions that are ... -
Rethinking bilateral investment treaties in Nigeria: The morocco-Nigeria bilateral investment treaty in view
(University of Western Cape, 2021)This study focuses on Re-thinking Bilateral Investment Treaties in Nigeria: The Morocco-Nigeria BIT in view. Two countries, Morocco and Nigeria, signing BITs commit themselves to several specific standards on the treatment ... -
The right to birth registration of foreign children in South Africa: A human rights perspective
(University of the Western Cape, 2021)International law explains the significance of the right to a birth certificate,1 birth registration and what it means to be a national of a specific state.2 International law also explains how important the right to birth ... -
The right to privacy and the challenge of modern cell phone technology
(University of the Western Cape, 2004)Privacy has been defined as a state in which one is not observed or disturbed by others and to have freedom from public attention. A person's right to privacy entails that such a person should have control over his or ... -
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 rights of children living with their incarcerated mothers in South African prisons
(University of the Western Cape, 2022)Children living in South African prisons with their incarcerated mothers continue to experience the harsh conditions experienced by their mothers when they were innocent. The Department of Correctional Services responsible ... -
The role and effect of small arms in the recruitment of child soldiers in Africa: can the international law be strengthened?
(University of the Western Cape, 2011)It is an unfortunate and cruel reality that both government and armed groups used child soldiers during armed conflict. Child soldiers have become an integral part of government forces as well as insurgent groups in Africa ... -
The role of digital platforms in promoting cartel competition law enforcement within the AFCFTA: A focus on data privacy
(University of the Western Cape, 2022)Competition law preserves market competitiveness by regulating anti-competitive conduct. Competition law enforcement requires high levels of data transparency and traceability. The traditional method of competition law ... -
The Role of provinces in the use of interventions in terms of Section 139(1)(A)-(C) of the constitution
(University of the Western Cape, 2015)The fragmented approach of provinces in the use of legislation and policies, coupled with the uncertainty of key terms in the context of section 139(1) of the Constitution, have resulted in provincial executives not being ... -
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 ... -
Sexual and gender-based violence in international refugee law- examining whether women are effectively protected
(University of Western Cape, 2021)Refugee women experience the full spectrum of Sexual and Gender-based Violence (SGBV) throughout the refugee experience. SGBV is a global crisis that refugee women are subjected to daily. Refugee women face SGBV in their ... -
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 study of the employers attitudes towards matters stipulated in section 84 of the labour relations act no 66 of 1995 and how those relate to the objectives of the Bargaining Council for hairdressing trade, Cape Peninsula
(University of the Western Cape, 2010)The research conducted has been undertaken to engage the stakeholders to explore the possibility of establishing workplace forums. The gains of workplace forums with respect to sharing decision making is a distinct advantage ... -
Towards a fairer multi-lateral trade relations between the European union and African Caribbean and pacific countries?
(University of the Western Cape, 2005)Sugar, bananas, beef and cotton are some of the few products, which are the primary commodities in many African, Caribbean and Pacific countries (ACP).2 Many are highly vulnerable small islands, landlocked and least ... -
Traditional leaders in South Africa: Yesterday, today and tomorrow
(University of the Western Cape, 2008)Traditional leaders were occupying communal political positions sanctified by cultural mores and values who enjoy the legitimacy of particular communities to direct their affairs. Their basis of legitimacy is tradition, ...