Browsing Magister Legum - LLM (Mercantile and Labour Law) by Title
Now showing items 81-100 of 156
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The importance of an effective institutional framework for the realisation of regional economic integration objectives: A case study of the East African Community (EAC).
(University of the Western Cape, 2009)The East African Commu1nity (EAC) was re-established on 30 November 1999 by the Republics of Kenya and Uganda and the United Republic of Tanzania1 signing the Treaty for the Establishment of the East African Community ... -
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 ... -
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 income tax resident status of internet-based companies: when is South Africa their place of effective management?
(University of the Western Cape, 2023)In terms of the Income Tax Act 58 of 1962 (‘ITA’), taxpayers are liable to tax in the Republic of South Africa (‘SA’) on their worldwide revenue if they satisfy the test for residency within the meaning of the term ‘resident’ ... -
The infraction of the right to dignity on social media: the liability of the group administrator and the commenting users.
(University of the Western Cape, 2022)Background: In recent times, it has been demonstrated that a huge chunk of the world’s population is on some form of social media. It is estimated that between 4.6 and 5 billion people out of the world's population use ... -
The interaction between trade and climate change law and policy : from potential conflict to mutual supportiveness
(Uiversity of the Western Cape, 2012)This paper explores the relationship between trade and climate change regimes, the potential areas of conflict, and what can be done to promote mutual gains. Apart from exploring the key issues and examining the conceptual ... -
The intersection between labour and immigration law in South Africa
(University of the Western Cape, 2022)This thesis is focused on the rights of migrants in South Africa and how those rights are affected and intersect with the rights of migrants in terms of Immigration law or the respective laws which govern migrants. Migrants ... -
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. ... -
Invisible children: the rights of domestic child workers in South Africa
(University of the Western Cape, 2023)This research paper focuses on the violation of the rights of children aged 16–17 who are school dropouts and employed as domestic workers in South Africa. This is a violation of their rights and occurs in their employment ... -
Irregular appointments relating to promotion posts in South African public schools
(University of the Western Cape, 2022)This research aims to illustrate that the education sector has not managed to circumvent unfair labour practices, specifically in its appointment processes relating to promotion posts. I use literature and case law to prove ... -
Legal and economic uncertainties clouding digital taxation : unpacking and addressing the issues
(University of the Western Cape, 2015)The digital economy has over the past years developed at a dramatic pace, generating substantial revenues for entities and individuals trading on this platform. This has fuelled vast interest and debate into whether such ... -
Legal reform of oil and gas law in Tanzania in relation to foreign direct investment
(University of the Western Cape, 2015)The objective of this study is to analyse the law relating to exploration and production of oil and gas in Tanzania in relation to the protection of FDI. The analysis will be based on the international standards for the ... -
Leveraging the African continental free trade area to unlock the full potential of carbon markets in Africa
(University of the Western Cape, 2023)Plagued by the universal challenge of climate change, African states are faced with the dire issue of sourcing climate finance from sources other than government coffers and very limited donor funds. With the advent of the ... -
Mandatory court based mediation as an alternative dispute resolution process in the South African civil justice system
(University of the Western Cape, 2014)Civil litigation is the primary method of dispute resolution in the South African civil justice system. This process is characterised by a number of shortcomings which include the adversarial nature of the process which ... -
The market abuse control legislative regime of South Africa, Nigeria and the United Kingdom - an approach to regulation and monitoring in relation to certain aspects of the financial markets of South Africa
(University of the Western Cape, 2015)The regulation of market abuse is currently an ever evolving subject, to such an extent that it has been placed as a high priority for regulators worldwide.¹ The Financial Markets Act 19 of 2012 (FMA) of South Africa² ... -
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 ... -
Mergers and acquisitions as a strategy for business growth : a comparative overview
(University of the Western Cape, 2015)This paper focuses on mergers and acquisitions as tools for business growth, how these have come into existence, their strengths, and mainly the reasons for their failure. Taking a closer look on how these have emerged in ... -
Minimum Resale Price Maintenance In South Africa: Rule of reason or per se prohibition?
(University of the Western Cape, 2016)The field of competition law has in an unprecedented way experienced an incredibly vast geographical expansion within a short period of time and as such it is no longer the exclusive feature of developed countries only. ... -
An overview of the effectiveness of employment legislation in protecting people with disabilities against discrimination in the South African workplace
(University of the Western Cape, 2021)The South African apartheid regime brought about many injustices. These injustices were mostly directed at people of colour, women and people with disabilities. People with disabilities were neglected, discriminated ... -
Piercing the corporate veil : a critical analysis of section 20(9) of the Companies Act 71 of 2008
(University of the Western Cape, 2016)