Browsing Faculty of Law by Title
Now showing items 180-199 of 925
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Contractual discretionary powers and the essentialia of price and rental in the South African law of sale and lease – a jurisprudential and comparative analysis
(2013)This thesis concerns the tension that exists between the principles of certainty and freedom of contract (which includes the notion of contractual discretionary powers) and how this tension impacts on the requirement that ... -
The convergence and divergence of International Humanitarian Law and International Human Rights Law
(University of the Western Cape, 2005)In this minithesis, I demonstrate that International Humanitarian Law and International Human Rights Law are two distinct but related fields of law. First, the examination deals with the instance that the aim of both ... -
Cooperative government in South Africa : examining enforcement mechanisms for municipalities to comply with South Africa’s water regulatory framework
(University of the Western Cape, 2015)There is overwhelming evidence that South Africa’s rivers are heavily polluted, a situation which is attributable to a large degree to poorly functioning and inefficiently managed waste water treatment works in municipalities. ... -
Corporal punishment of children in Nigerian homes
(University of the Western Cape, 2011) -
Corporate capacity, special purpose vehicles, and traditional securitisation in South African company Law
(University of the Western Cape, 2019)The ideals of shareholder and creditor protection are affected by legislation pertaining to the validity of a company’s transactions. Until legislative reforms introduced in the twentieth century, a company’s capacity ... -
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 ... -
Corporate criminal responsibility under the Malabo Protocol: A step forward?
(University of the Western Cape, 2018)Traditionally, domestic criminal law was focused on individual guilt as can be seen from the principles of punishment, which are closely linked to blameworthiness and the infliction of loss or punishment to the offender. ... -
Corporate governance failures in South Africa: Are pension funds next?
(University of Western Cape, 2021)In recent times, South Africa (‘SA’) has seen many corporate failures due to poor corporate governance. It spans across Johannesburg Stock Exchange (‘JSE’) listed companies, State Owned Enterprises (’SOE’s’)1 as well as ... -
Corporate governance failures in state-owned enterprises in Zimbabwe : an assessment of the strengths and weaknesses of the corporate governance structure
(University of the Western Cape, 2015)Corporate governance failures have been rampant in Zimbabwe’s state owned enterprises and it is necessary to assess if the measures in place are adequate to address the situation at hand. In-order to respond to the above, ... -
Corporate Governance in the Southern African Development Community
(University of the Western Cape, 2016)It has been submitted that an increasingly integrated and globalised economy demands appropriate and effective governance policies with a view to sustainability and well-governed wealth creation. There is a growing consensus ... -
Corporate social responsibility as a tool to accelerate the achievement of development goals in Zimbabwe
(University of the Western Cape, 2015)The aim of this study is to critically analyse corporate social responsibility as a tool to accelerate the achievement of development goals in Zimbabwe. The main question is how CSR can be used to speed up the achievement ... -
Corporate social responsibility in South Africa : how corporate partnerships can advance the sustainability agenda
(University of the Western Cape, 2016)Corporate Social Responsibility (CSR) is not a new issue. There has and will always be the need for organisations to make profits and the needs of society. CSR has been considered more strongly than ever since the early ... -
Corrective rape of black African lesbians in South Africa: the realisation or oversight of a constitutional mandate?
(University of the Western Cape, 2012)In South Africa corrective rape is committed by African men as a form of social control to cure women of their homosexuality. The problem with corrective rape is that the victims of this crime are mainly black African ... -
Corruption and the judiciary: A critical study of Uganda
(University of Western Cape, 2021)Corruption, or ‘the abuse of entrusted power for private gain’,1 has been identified by the World Bank as one of the greatest obstacles to economic and social development.2 In Uganda, widespread corruption limits access ... -
Corruption as a crime within the jurisdiction of the International Criminal Court?
(University of the Western Cape, 2013)This research paper will examine whether the ICC should de lege ferenda be accorded jurisdiction in respect of the crime of corruption. Through this approach, the paper will contribute to the existing literature on ... -
The cost of bypassing MFN obligations through GSP schemes: EU-India GSP case and its implications for developing countries
(University of the Western Cape, 2005)The principal objective of this research was a critical examination of the Generalised System of Preference schemes as a form of special and differential treatment under the Enabling Clause with specific reference to the ... -
Counteracting the misuse and abuse of subsidies and SPS measures in the EU and USA: Solutions for South Africa
(University of the Western Cape, 2014)It has been held that agricultural domestic support would not be such a contentious issue if its only effect was the benefit of local farmers, but this is not the case.1 It was found that several forms of domestic support ... -
The crime of conspiracy in international criminal law
(University of the Western Cape, 2012)This contribution looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective ... -
The criminal accountability of child soldiers in the light of armed conflict
(University of the Western Cape, 2009) -
Criminalisation of sex work as a human rights violation against women in South Africa
(University of the Western Cape, 2020)There is considerable and often emotive debate around the topic of sex work. Sex work is either criminalised, decriminalised, or legalised depending on the country. In South Africa, sex work is criminalised in section ...