Browsing Magister Legum - LLM (Public Law and Jurisprudence) by Title
Now showing items 42-61 of 436
-
Bail and the presumption of innocence: a critical analysis of section 60(1-1) of the criminal procedure Act 51 of 1977 as amended
(UWC, 2012)In South Africa, as in most jurisdictions, the presumption of innocence is a guaranteed constitutional right. The rationale of the presumption lies in the protection which it offers, since a person charged with a criminal ... -
Balancing domestic regulation and trade liberalisation under the World Trade Organisational's multilateral rules on trade in services: a look at South Africa's telecommunications sector
(University of the Western Cape, 2008)The aim of this work is to analyse the current provisions on domestic regulation contained in the GATS, as well as to examine the negotiations on future disciplines currently being worked on by WTO members. In particular ... -
Benefit sharing from traditional knowledge and intellectual property rights in Africa: "an analysis of international regulations"
(University of the Western Cape, 2007)This thesis was written in the contemplation of the idea that, it is only through protection of the traditional knowledge in African local societies where these societies can rip the benefit of its commercialization and ... -
Black economic empowerment: a study of recommendation by the Black Economic Commission and the practical effects of the application thereof relative to similar experiences in other developing countries
(University of the Western Cape, 2005)The market value of Black Economic Empowerment (BEE) companies listed on the JSE Securities Exchange (JSE) has fallen to only 2% of the overall market capitalisation of the JSE. Many BEE companies have disappeared from the ... -
Breaking to build: decentralization as an efficient mechanism for achieving national unity in Cameroon
(University of the Western Cape, 2010)Governing an ethnically diverse country constitutes a major challenge for state power and government in Cameroon. The call for national unity, championed by the regime in power has had to survive strong demands for greater ... -
Bring back our girls: A human rights analysis of child abductions by Boko Haram
(University of the Western Cape, 2018)As the world evolves new perils emerge which pose a significant threat to human and child rights, it is imperative that the protection of these rights is prioritised. Human rights can be defined as the rights that every ... -
The challenges posed by mandatory minimum sentence legislation in South Africa and recommendations for improved implementation
(University of the Western Cape, 2004)Generally the Courts have a discretion to impose sentence. Violent crime was rampant in South Africa. The response of the legislature in dealing with crime was to enact legislation in 1997 like sections 51 to 53 of the ... -
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 ... -
Changing terms and conditions of employment in the South African labour relations arena -- the approach of the courts: A comparative analysis
(University of the Western Cape, 2004)This paper focused on how competing interests of employers and employees are accomodated in the South African Labour Relations arena. An analysis of the legislative framework was undertaken to establish how the legislation ... -
Changing the traditional role of the Auditor general: Is the Public Audit Amendment Act constitutional?
(University of Western Cape, 2020)The majority of South Africa’s 257 municipalities are in a dire state as evidenced by the recent reports of the Auditor-General (AG). 1 The Minister of Cooperative Governance and Traditional Affairs revealed that only ... -
Child soldiers and international law in the Darfur Region of Sudan: does conflict transformation offer a solution?
(University of the Western Cape, 2008) -
The child's voice in the Hague Convention: Does ascertaining the child's view realise the best interests of the child in legal and related proceedings in terms of the Hague Convention on the Civil Aspects of International Child Abduction
(University of the Western Cape, 2002)No abstract available. -
Children at both ends of the gun: towards a comprehensive legal approach to the problem of child soldiers in Africa
(University of the Western Cape, 2005)While the participation of children in armed conflict has been evident for some time, internal community mobilization on the issue is fairly recent. In 1993, the General Assembly of the United Nations adopted resolution ... -
Children's health service rights and the issue of consent
(University of the Western Cape, 2007)Although the concept of human rights is very much accepted as part of human existence throughout the world today, there is still much controversy surrounding the idea of rights for children. The Constitution, however, not ... -
Children's right to consent to medical treatment and a consideration of the changes effected in the Children's Bill B70 D of 2003
(University of the Western Cape, 2006)Children's rights to consent to medical treatment and the balancing of parental rights have become the focus of much debate in South Africa over the last few decades. Issues concerning the age at which children can consent ... -
Cinema, cultural diversity and the globalization process.
(University of the Western Cape, 2005)The objective of this research was to examine the future of the cultural diversity of cinema through the GATS and the TRIPS Agreement