Department of Public Law and Jurisprudence: Recent submissions
Now showing items 101-120 of 440
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A critical analysis of the demobilisation, disarmament, reintegration and rehabilitation in relation to child soldiers in the Democratic Republic of Congo
(University of the Western Cape, 2017)In many countries around the world, approximately 230 million children are living in countries affected by armed conflict. 15 million of them were caught up, in various parts of Africa, in violent conflicts. Some of the ... -
An analysis of the decentralisation framework provided for in the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development, 2014
(University of the Western Cape, 2016)In 2014, the African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (the African Charter on Decentralisation). The Charter is a first of its ... -
The protection of languages and of language rights in the South African constitution
(University of the Western cape, 2011)The 1996 South African Constitution contains a number of provisions that deal specifically with the protection of languages and of rights relating to language. The most important of these is section 6 which recognises 11 ... -
The challenges that unmarried fathers face in respect of the right to contact and care of their children: can amendments to the current law make enforcement of these rights more practical?
(University of the Western Cape., 2016)Historically, unmarried fathers had no rights in respect of their children born out of wedlock. “Until 1998, the unmarried father had obligations to his child under common law, but did not have any inherent rights with ... -
Renewing diplomatic relations between Rwanda and the Democratic Republic of Congo : the road to lasting peace and stability?
(University of the Western Cape, 2011) -
Does Article 13 of The Hague Convention on the Civil Aspects of International Child Abduction, 1980 protect victims of domestic violence?
(University of the Western Cape, 2016) -
An analysis of municipal regulation and management of markets as an instrument to facilitate access to food and enhance food security
(University of the Western Cape, 2015)This paper seeks to answer the following question: how can municipalities manage and regulate markets in a manner that facilitates access to food and contributes to the enhancement of food security? In attempting to answer ... -
Adopting the Twin Peaks model as a consumer protection mechanism in the financial sector : the Ugandan perspective
(University of the Western Cape, 2015)The main objective of the study is to analyse the possibility of adopting the Twin Peaks model as a mechanism for ensuring protection to the consumers of financial services in Uganda. Uganda's financial sector has suffered ... -
The impact of the Companies Act 71 of 2008 on the doctrines of ultra vires and constructive notice as it relates to unauthorised contracts
(University of the Western Cape, 2015)An agent acting in excess of his authority creates several legal problems, particularly in company law. In South African law, like in many other legal systems around the world, the interplay between the doctrines of ultra ... -
'The requirements for, and appropriateness of, stopping the equitable share of municipalities in terms of section 216'
(University of the Western Cape, 2016)The aim of this research paper has been to answer the question whether the actions of the National Treasury in invoking section 216(2) of the Constitution in respect of the 59 municipalities for debt owed in arrears to the ... -
Holding South Africa Accountable : A Critique of the Reports Submitted to Treaty Bodies Pertaining to the Rights of Children with Disabilities
(University of the Western Cape, 2016)South Africa recently submitted reports to three treaty bodies regarding steps taken over the past two decades to implement the rights of children with disabilities. This study is focused on critically analysing the South ... -
Access to safe food in South Africa as a human rights imperative
(University of the Western Cape, 2015)The aim of this study is to examine laws and policies relating to food safety in South Africa, specifically with regard to labelling requirements in the food industry. It is hoped that this research will serve as a pointer ... -
Corporate social responsibility as a tool to accelerate the achievement of development goals in Zimbabwe
(University of the Western Cape, 2015)The aim of this study is to critically analyse corporate social responsibility as a tool to accelerate the achievement of development goals in Zimbabwe. The main question is how CSR can be used to speed up the achievement ... -
The interaction between trade and climate change law and policy : from potential conflict to mutual supportiveness
(University of the Western Cape, 2012)Trade and climate change intersect in many ways. Aside from the broad debate as to whether economic growth and trade adversely affect the environment, linkages are recognized between existing rules of the World Trade ... -
The (de) criminalisation of sexual conduct between same-sex partners: a study of Namibia, South Africa and Zambia
(University of the Western Cape, 2012)The main objective of this paper is to explore the legal status of sodomy laws in three African states (South Africa, Zambia and Namibia) from an international human rights perspective. The paper presents an argument that ... -
An analysis of the difficulties related to victim participation before the International Criminal Court and the Extraordinary Chambers in the courts of Cambodia
(University of the Western Cape, 2012)By any standard, victim participation is a relatively new phenomenon in international criminal law proceedings. Incredible advances have been made in the effort to end impunity for crimes against humanity, war crimes, ... -
Legality of the jurisdiction of the ICC over nationals of non-states parties who commit offences within the jurisdiction of the ICC on territories of non-states parties
(University of the Western Cape, 2012)The coming into force of the Rome Statute on the 1st July 2002 signified the birth of the International Criminal Court (ICC). The ICC came into existence as a permanent criminal court for the prosecution of Genocide, Crimes ... -
The role of local government in the effective implementation of the National Environmental Management: Integrated Coastal Management Act 2008- a case of the Draft Cape Town Metropolitan Coastal Protection Zone Management by-Law
(University of the Western Cape, 2012)The purpose of the study is to outline the relevant legislation and assess whether it is adequately applied to protect the 240 km coastline with its associated sensitive ecosystems; in particular, as assessment will be ...