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Now showing items 881-890 of 931
Revisiting the role of sub-regional courts in the protection of human rights in Africa
(2009)
When the Rome Statute was being drafted, referral of a situation by a state party was thought to have the least potential for making the International Criminal Court (hereinafter referred to as the ICC) operational. It was ...
The use of groundwater as an option for the realization of the right of access to basic water and sanitation in South Africa
(University of the Western Cape, 2004)
The most contentious issue in the present South African Constitution is the realization of the rights entrenched
therein. These rights are contentious because they are justifiable in their nature, subject to judicial ...
“Tax evasion as a predicate offence for money laundering”
(University of the Western Cape, 2012)
This paper discusses the progress of international anti-money laundering (AML) law with regard to making tax evasion a predicate offence for the crime of money laundering (ML). This paper will focus particularly on the ...
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 has freedom from public attention. A person's right to privacy entails that such a person should have control over his or her ...
Implementing the Rome statute of the international criminal court domestically: a comparative analysis of strategies in Africa
(University of the Western Cape, 2003)
On 17 July 1998, a total of 120 states voted to adopt the Rome Statute of the International Criminal Court (Rome Statute) 1 in a UN sponsored conference in Rome. The International Criminal Court (ICC or 'the Court') has ...
Life imprisonment in international criminal tribunals and selected African jurisdictions - Mauritius, South Africa and Uganda
(University of the Western Cape, 2009)
It is rare in law and in other disciplines for a word or a phrase to appear to mean what it does not. This is, however, true when it comes to life
imprisonment or life sentence. I Unlike sentences like the death penalty, ...
The challenges posed by mandatory minimum sentence legislation and recommendations for improved implementation
(University of the Western Cape, 2003)
Towards the end of 1997 Parliament unanimously enacted legislation that prescribe severe mandatory sentences for a large number of serious offences. Sections 51, 52 and 53 of the Criminal Law Amendment Act1 (hereinafter ...
Scrutinising the modes of responsibility under the Rome statute : settling the dust
(University of the Western Cape, 2015)
Under international criminal law (ICL), there are factual and legal intricacies. Of these intricacies, the issues concerning the modes of responsibility, which are enshrined under Article 25(3) of the ICC Statute, have ...
Letters of credit - the fraud exception: a time for conformity
(2013)
The classic justification for Letters of Credit is that it provides an effective assurance of payment from a financially responsible third party. Cross-border transactions magnify the concern of non-payment from a buyer ...
Progress and challenges of implementing the Rome statute of the international criminal court in Uganda
(2012)
The coming into force of the Rome Statute of the International Criminal Court (hereafter “Rome Statute”) in July 20022 was a thriving success for the international community insofar as that it contributed greatly to ...