Browsing Magister Legum - LLM (Public Law and Jurisprudence) by Issue Date
Now showing items 61-80 of 436
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Regional trade agreements and its impact on the multilateral trading system: eroding the preferences of developing countries?
(University of the Western Cape, 2005)The purpose of this paper was to examine the impact that the proliferation of regional trade agreements have had on the Multilateral Trading System and whether by allowing regional trade agreements under the World Trade ... -
Lex Mercatoria: scope and application of the law merchant in arbitration
(University of the Western Cape, 2005)Arbitration is the preferred method of dispute resolution in international trade. Naturally, a set of rules is necessary to govern the conflict’s resolution. For cultural, political, economical or other reasons the parties’ ... -
A review of provincial land-use planning in the Western Cape
(University of the Western Cape, 2005)Planning administration in the Western Cape is at a critical juncture. It is faced with having to address planning issues and housing needs whilst at the same time demonstrating through its practices the promotion of ... -
International trade rules: a case of imperialism at work?
(University of the Western Cape, 2005)This study explored whether there is an inherent inequitable nature of the liberalization process with respect to the World Trade Organization Agreements, namely TRIMs (Trade-related Investment Measures), TRIPS (Agreement ... -
Intellectual property, entrepreneurship and the music industry: a new ray of hope for enhancing African international trade capacity? A South African case study
(University of the Western Cape, 2005)This thesis aimed to examine the prevailing international intellectual property regime as embodied especially in the TRIPS Agreement, for purposes of outlining some of the criticisms levelled against it especially by the ... -
Human rights and the WTO: Incorporation or cooperation? Is there a need for an agreement on trade-related aspects of human rights?
(University of the Western Cape, 2005)The main objective of this paper was to explore and evaluate the viability of incorporating the promotion, enforcement and protection of human rights within the WTO agenda, mandate and framework. It further aimed to ... -
An examination of the extent to which South Africa is meeting its legal obligations with regard to the protection of undocumented foreign migrant children
(University of the Western Cape, 2005)This thesis examined the extent to which South Africa has domesticated the international provisions protecting foreign migrant children. The thesis further investigated procedural gaps and makes recommendations in respect ... -
Federalism as a peacemaking device in Sudan's interim national constitution
(University of the Western Cape, 2005)The focus of this study was on the Interim Constitution adopted on 9 July 2005 by Sudan. The significance of the federal principle both as a peacemaking device and a tool of democratisation was considered. The objective ... -
The concept of power sharing in the constitutions of Burundi and Rwanda
(University of the Western Cape, 2005)This paper aimed to analyse the impact of power sharing on democracy. The paper also compared the approach of Burundi and Rwanda in their constitutions to the concept of power sharing. -
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 ... -
Trade liberalization and poverty alleviation in developing countries
(University of the Western Cape, 2005)The aim of this research was to examine the trade policies designed by the World Trade Organization to minimise poverty levels in developing countries through trade liberalization. -
The European Union relationship to the Africa, Caribbean and Pacific countries in terms of the Cotonou Agreements: will the economic partnership agreements aid regional integration
(University of the Western Cape, 2005)The main purpose of this paper was to explore the role economic partnership agreements play in regional integration. The whole paper was premised on identifying the nature of economic partnership agreements that is conceived ... -
An international arbitration act for South Africa
(University of the Western Cape, 2005)When South Africa emerged from the era of isolation in 1994, it was faced with the fact that many of its laws relevant in the field of international trade and investment were outdated and inadequate. An obvious example is ... -
Eradicating delay in the administration of justice in African courts : a comparative analysis of South African and Nigerian courts
(University of the Western Cape, 2005)A well functioning judiciary is a central element of civil society. It is the sole adjudicator over the political, social and economic spheres. Judiciaries in many African countries suffer from backlogs, delays and corruption. ... -
A critical analysis of the trade-related aspects of intellectual property rights agreement and has South Africa complied with this agreement with special reference to patented pharmaceuticals
(University of the Western Cape, 2006)The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) ia a multilateral international treaty introduced by the World Trade Organization (WTO) that came into effect on 1 June 1995. At a basic level it ... -
Traditional health practitioners: a 'call' for legislative reform in South Africa between 1891 and 2004
(University of the Western Cape, 2006)This thesis aimed to explore the various legislative provisions that have affected traditional health practice in South Africa. The discussion is limited to the period dating from 1891 to 2004. The relevance of this period ... -
Accomplishments, shortcomings and challenges: evaluation of the Special Court for Sierra Leone
(University of the Western Cape, 2006)This thesis assessed the effectiveness of the Special Court in relation to the impact is has made in cultivating the rudiments of a human rights culture, dispensing justice, ending a culture of impunity, effecting unity ... -
The protection of cultural property during times of armed conflict: Have we failed Iraq?
(University of the Western Cape, 2006)Abstract to be made available soon. -
HIV in the workplace: a critical investigation into the present legislative protection afforded to the HIV positive employee
(University of the Western Cape, 2006)This thesis examined to what extent the current legislation protects the HIV positive employee against unfair discrimination and dismissal. The study gave short medical background to HIV/AIDS and introduced HIV discrimination ... -
Harmful traditional practices, (male circumcision and virginity testing of girls) and the legal rights of children
(University of the Western Cape, 2006)In South Africa the practice of virginity testing is most prevalent in KwaZulu-Natal amongst the Zulu and Xhosa. Proponents of the practice claim that some of the benefits include the prevention of the spread of HIV/Aids ...