Browsing Magister Legum - LLM (Mercantile and Labour Law) by Title
Now showing items 130-149 of 156
-
The selection criteria to be used in dismissals for operational requirements: A comparative analysis between South Africa, Germany and United Kingdom
(University of the Western Cape, 2022)The Labour Relations Act 66 of 1995 (LRA) makes provision for dismissal of employees based on an employer’s operational requirements (also known as retrenchments). The employer needs to meet both the substantive and ... -
Senior Managerial Employees: Their Right to Bargain Collectively and their Right not to be Unfairly Dismissed
(University of the Western Cape, 2001)This paper addresses a special class of employees in the South African labour law. Senior managerial employees in South African labour law as well as the international jurisprudence have become a matter of controversy. The ... -
A shareholder’s personal claim against directors for causing pure economic losses through diminution in share value: A South African critical analysis
(University of the Western Cape, 2020)If a company is harmed by the behaviour of a director as a result of financial misstatements, shareholders may suffer the economic consequences in the form of a diminution in the value of their shares. Failure on directorship ... -
Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia
(University of the Western Cape, 2016)The main objective of this paper is to critically analyse the solutions that countries are currently implementing in response to the much-debated issue that the conventional investor-state dispute settlement (ISDS) regime ... -
The South African business judgement rule – An analysis of the rationality standard for reviewing the conduct of a director
(University of the Western Cape, 2023)The legal nature of a company is that of an artificial person, which exists separately from the management and shareholders of that company.1 Consequently, it lacks the ability to act on its own and must act through ... -
South African company law in the fourth industrial revolution: does artificial intelligence create a need for legal reform?
(University of the Western Cape, 2021)Across the world, the Fourth Industrial Revolution (4IR)1 is disrupting the law.2 The 4IR has specifically disrupted commercial law in areas such as banking,3 competition,4 consumer protection,5 contract,6 insurance,7 ... -
South Africa’s utilisation of the world trade organisations instruments in the protection of the textile and poultry industries
(University of the Western Cape, 2020)The World Trade Organisation (WTO) is the only global international organisation dealing with the rules of trade between nations.1 The WTO agreements uphold certain principles; one such principle is the rule of the ... -
Special economic zones as gateway for sustainable foreign direct investments in Kenya: towards a special regime in labour regulation
(University of the Western Cape, 2024)The role of Special Economic Zones (SEZs) in promoting foreign direct investment (FDI) cannot be gainsaid. In particular, developing and least developed countries have been keen on attracting FDIs through SEZs as a way of ... -
The Effectiveness of the Swkopmund Protocol on the Protection of Traditional knowledge in Namibia.
(University of the Western Cape, 2017)Traditional knowledge has been around for centuries and has gained over the centuries and adapted to the local culture and environment, traditional knowledge is transmitted orally from generation to generation. It tends ... -
The legalisation and regulation of online gambling in South Africa
(University of the Western Cape, 2017) -
The Status of Digital Rights Management in South African Law
(University of the Western Cape, 2017)It is justifiable for the holder of copyright to be entitled to its protection and to be granted the exclusive right to profit from their innovation, and this is the basis for the development of laws promoting intellectual ... -
To what extent does the law governing dismissals based on operational requirements protect employees?
(University of the Western Cape, 2022)Retrenchments or dismissals based on operational requirements are defined as requirements based on economic, technological or similar needs of an employer.1 In terms of the Labour Relations Act 66 of 1995, a dismissal ... -
Toward human rights-compatible bilateral investment treaties: the case of Ghana
(University of the Western Cape, 2023)The legal structure of the existing bilateral investment treaties (BITs) of Ghana consists of the title, preamble, scope, most-favoured-nation rule, national treatment, fair and equitable treatment, full protection and ... -
Towards a regional investment dispute settlement system an African perspective
(University of the Western Cape, 2017)Foreign investment was believed to have been fostered by states signing bilateral investment treaties (BITS) and multilateral investment treaties as a way of protecting investors. The proliferation of such agreements has ... -
Towards democratic decision-making In environmental law: An investigation of the implementation of public Participation and access to administrative justice
(University of the Western Cape, 2010)An environment, which is not dangerous to the health or well-being of individuals, is every South African's basic Human right.1 In addition.it is every South African's basic human right to have the environment protected ... -
Towards effective Multilateral protection of traditional knowledge within the global intellectual property framework
(University of the Western Cape, 2018)Traditional Knowledge (TK) has previously been considered a 'subject' in the public domain, unworthy of legal protection. However, the last few decades have witnessed increased discussions on the need to protect the knowledge ... -
Towards effective multilateral protection of traditional knowledge within the global intellectual property framework
(University of the Western Cape, 2017)Traditional Knowledge (TK) has previously been considered a 'subject' in the public domain, unworthy of legal protection. However, the last few decades have witnessed increased discussions on the need to protect the ... -
"Towards implementing climate change adaptation measures in South Africa: insights into law and policy frameworks in the city of Cape Town and ethekwini municipality"
(University of the Western Cape, 2024)South Africa is of significant concern regarding climate change. A clear trend has emerged recently, with heavy rainfall events occurring more frequently. This increase in extreme weather events is a direct result of climate ... -
Towards the effective utilisation of trade-related aspects of intellectual property rights flexibilities to improve access to essential medicines in Ghana
(University of the Western Cape, 2018)Access to medicines is an essential component of the basic human right to health and a key determinant of the importance attached to the health care system of a country. It essentially entails the availability and acceptability ... -
Trade and development in the WTO: special and differential treatment for developing countries in the WTO
(University of the Western Cape, 2000)The integration of developing countries into the multilateral trade system has greatly evolved over the last fifty years, as has the thinking about the nature of trade policies appropriate for development. The purpose ...