Department of Mercantile and Labour Law: Recent submissions
Now showing items 81-100 of 155
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Exploring the concept of conciliation (ṣulḥ) as a method of alternative dispute resolution in Islamic law
(University of the Western Cape, 2020)This research will chart and navigate the early stages in the development, conceptualisation, and formulation of Islāmic law and the concept of ṣulḥ as a mechanism of legal redress in Islāmic law (Sharī’a). The research ... -
A shareholder’s personal claim against directors for causing pure economic losses through diminution in share value: A South African critical analysis
(University of the Western Cape, 2020)If a company is harmed by the behaviour of a director as a result of financial misstatements, shareholders may suffer the economic consequences in the form of a diminution in the value of their shares. Failure on directorship ... -
Financial freedom in mobile money: the role of the central bank in Zimbabwe
(University of the Western Cape, 2020-04-19)This paper analyses how the Zimbabwean economic history has led to the perception and attitude of the population towards the financial industry. It has been blighted by extremes to the extent that in 2008 the Zimbabwe ... -
The role of good corporate governance in promoting developing countries as attractive investment destinations.
(University of the Western Cape, 2020)This thesis seeks to unpack the measures and structures that a developing nation can put into place to establish itself as a good investment destination. It discusses the three theories of corporate governance, and how ... -
An evaluation and discussion of a deposit insurance system: Should South Africa adopt such a system?
(University of Western Cape, 2020)The research will evaluate and discuss the importance of Deposit Insurance Systems (DIS) and the necessity of having this system. Important to the evaluation is an analytical consideration of how the South African Reserve ... -
Mediation as an alternative to litigation: A comparative study between South Africa and Germany
(University of Western Cape, 2019)The judicial court system in South Africa is overburdened, which results in parties having to wait for long periods of time to have their matters settled or even heard. Furthermore, the cost of litigation in South Africa ... -
Evaluating the enforcement of World Trade Organisation dispute settlement decisions
(University of Western Cape, 2019)The World Trade Organisation (WTO) deals with regulation of trade in goods, services and intellectual property between participating countries by providing a framework for negotiating trade agreements.1 Furthermore, it ... -
Agenda 2030: A South African perspective on the sustainable development goals
(University of Western Cape, 2020)Environmental degradation and the impacts on sustained life for all on Earth has become a global concern. Climate change illustrates one of the Anthropocene affects on continued life for both human and non-humans. The ... -
An analysis of trademark infringement by dilution under South African law
(University of the Western Cape, 2020)The rights relating to a trademark are said to be found in the fact that proprietors have acquired goodwill and a repute in their mark. Trademark law has always protected that aspect of what a trademark embodied, inter ... -
Corporate criminal liability in South Africa
(University of the Western Cape, 2019)Criminal law defines certain standards of human behaviour as crimes, which is inherently linked to culpability and requires proof of an accused's mental state and is enforced through a system of state punishment. As a ... -
Effects of multiple trade unions in public institutions of South Africa: The case of Ekurhuleni East Technical and Vocational Education and Training College
(University of the Western Cape, 2019)The power and influence of unions in South Africa is often associated with creating maximum beneficiation for their members. This is based on their ability to, among other things, mobilise industrial action and represent ... -
Consumer protection in the Kenyan financial sector: A case for a Twin Peaks model of financial regulation
(University of the Western Cape, 2019)The dynamic character of the financial services industry necessitates frequent appraisal of the regulation of the sector. The main objectives for regulation of the financial sector include financial stability, promotion ... -
Developing a sound legal and regulatory framework for special economic zones in Malawi
(University of the Western Cape, 2019)Export Processing Zones (“EPZs”) were introduced in Malawi in 1995. EPZs are one of several types of Special Economic Zones (“SEZs”). The legal and regulatory framework for the Malawi EPZs was established by the Export ... -
The importance of Bilateral Investment Treaties in relation to the protection and promotion of investment in Africa
(University of the Western Cape, 2019)There is a growing concern around new patterns of negotiating international investment agreements vis-a-vis the recent withdrawals from Bilateral Investment Treaties (BITs) by developing countries. In recent times, the ... -
Transfer and liquidation: A critical analysis of the transfer of shares during the process of liquidation and an analysis of Sections 8(2)(b), 15(6) and schedule 5 of the Companies Act 71 of 2008
(University of the Western Cape, 2019)In corporate law, the transfer of shares plays an important role and until the case of Smuts v Booyens; Markplaas (Edms) Bpk v Booyens 2001 (4) SA [SCA] courts were not always clear on the meaning of ‘transfer’. What ... -
Evaluating the legal framework of the hybrid court for South Sudan
(University of the Western Cape, 2019)The Republic of South Sudan became independent from the Republic of Sudan on 9 July 2011. South Sudan has an area of 644, 329 km2 and a total estimated population of around 12, 6 million.1The original state of Sudan was ... -
The utility of King IV Principles on Corporate Governance in improving the state of accountability in local government.
(University of the Western Cape, 2019)Local government is often described as the cornerstone of democratic government and it is the level or sphere of government that is physically closest to the people.1 As a result, local government tends to have the most ... -
A revised role of good faith in the law of contract and employment contracts
(University of the Western Cape, 2019)Good faith is an open ended concept which refers to fair and honest dealings. The function of this concept is to give expression to the community’s sense of what is fair, just and reasonable. The concept of good faith has ... -
Alternative dispute resolution in the BRICS nations: A comparative labour law perspective
(University of the Western Cape, 2019)Alternative dispute resolution refers to forms of dispute resolution, other than traditional and formal court based litigation. A notable benefit of alternative dispute resolution is that different processes are available ... -
A critical analysis of the impact of Brexit on the SADC-EU EPA
(University of the Western Cape, 2019)The United Kingdom (UK) is one of the largest Member states within the European Union (EU) that receive export goods from developing countries. The UK has successfully voted to exit the EU through a referendum and this ...