Department of Mercantile and Labour Law: Recent submissions
Now showing items 101-120 of 155
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Cryptocurrency intermediation in Africa: towards a regulatory framework for cryptocurrency intermediaries
(University of the Western Cape, 2019)There is a lot of speculation regarding potential benefits that the adoption of cryptocurrency use and cryptocurrency intermediation may have for the African continent due to the macro-economic instability of African ... -
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 ... -
Re-thinking the corporate social responsibility regulatory framework in South Africa
(University of the Western Cape, 2018)Corporate governance is a principle that has had multiple evolving definitions. The Cadbury Report (also known as Financial Aspects of Corporate Governance) of 1992 is a report that sets out recommendations for best practice ... -
The effect of the partial codification of the common law duties of directors in the companies Act 71 of 2008 on the liability of directors
(University of the Western Cape, 2018)The global financial crisis resulted in a corporate collapse in different parts of the world. The global financial crisis was caused by poor governance. Consequently many countries, including South Africa, began to place ... -
Invesment law in a globalised enviroment: A proposal for a new foreign direct invesment regime in Zimbabwe
(University of the Western Cape, 2017)Most developed countries that enjoy the lion's share of foreign investment do not have domestic legal frameworks on foreign direct investment. This is because investors are attracted by a holistic picture of these countries. ... -
Regulating third party funding in arbitrations help within South Africa
(University of the Western Cape, 2018)The decision by countries to relax the common law doctrines of maintenance and champerty to accommodate Third Party Funding (TPF) in dispute resolution has sparked a worldwide debate. The controversial practice of funding ... -
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 ... -
An assessment of Ghana's anti-dumping regime in line with the World Trade Organisation Anti-Dumping Agreement
(University of the Western Cape, 2017)The establishment of an anti-dumping regime has become commonplace for many a government that seeks to protect and promote its local industries. One reason which appears to be dominant by its proponents is the need to curb ... -
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 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 ... -
Access to essential medicines in East Africa: A review of East Africa community and its member states approach to WTO-TRIPS public health flexibilities
(University of the Western Cape, 2018)Magister Legum - LLM (Mercantile and Labour Law) -
A Critical analysis of section 129 of the companies act 71 of 2008
(University of the Western Cape, 2017)A company forms an important part of a community in which it conducts business. It, therefore, has a direct impact on the economic and thus the social well-being of that community through its employees, suppliers and ... -
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 ... -
Revisiting Zimbabwe's First Generation BITs: A Case for Balancing Rights and Obligations
(University of the Western Cape, 2017)Foreign investments have many benefits; most of which are dependent on the kind of investment. For host countries, the expected benefits which would arise from their perspectives include, but are not limited to; technology, ... -
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 ... -
Exploring the adoption and implementation of national anti-dumping measures in Uganda in the light of regional and international trade obligations
(University of the Western Cape, 2017)A tariff on imports (or customs duty) is a government imposed financial charge or tax on imported goods. It can be levied as a percentage of the import's value or as a specified tax per unit cost. Countries have debated ... -
Are employees suffering from depression in the South African workplace protected by the existing disability provisions within employment law?
(University of the Western Cape, 2017)Depression is a mood disorder that negatively affects the way in which a person feels about himself or herself. This can ultimately affect an employee's ability to work, through reducing his or her capabilities to perform ... -
The importance of competition policy and law in managing foreign direct investment in the Tripartite Free Trade Area - lessons to be learnt from South Africa and the European Union
(The University of the Western Cape, 2017)With the coming into force of the Tripartite Free Trade Area (TFTA) and the anticipated increase in trade between TFTA members, the need to regulate multijurisdictional business transactions will likely create an anomaly, ... -
The British exit from the European Union and its effects on existing legislation and other member states
(The University of the Western Cape, 2017)The European Union (EU) was formed so as to maintain peace and to unify Europe in a bid to ensure that the events caused by the Second World War would never be repeated again. The idea was to bring the nations together ...