Browsing Faculty of Law by Title
Now showing items 314-333 of 932
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Emerging, rights language and community knowledge discourse in Africa's biodiversity protection regime : a case study of OAU's Model Law
(University of the Western Cape, 2002)Africa possesses huge amounts of genetic resources and traditional knowledge that sustain diverse small economies and local livelihood. The integrity of this natural wealth and cultural Pattern, however, is being seriously ... -
Employee participation in decision making in the mining sector
(University of the Western Cape, 2014)The main objective of this research is to asses the effectiveness of the channels (collective bargaining and workplace forums) created by the LRA for employee‟s participation in decision making in the mining sector. Problems ... -
Employee participation in decision making in the mining sector
(University of the Western Cape, 2014)The main objective of this research is to asses the effectiveness of the channels (collective bargaining and workplace forums) created by the LRA for employee‟s participation in decision making in the mining sector. ... -
Employer's prerogative in the context of outsourcing
(University of the Western Cape, 2005)This research paper investigated whether there are any limitations or restraints in the Labour Relations Act 66 of 1995, which possible keeps an employer from outsourcing functions or parts of a business to a third party. -
Ending corporal punishment of children in the home: Rwanda as a case study
(University of the Western Cape, 2013) -
The enforceability of international surrogacy in South Africa : how would a South African court proceed in determining an international surrogacy case?
(University of the Western Cape, 2016)In this research, I sought to investigate the extent to which South Africa recognises international surrogacy agreements. I examined Chapter 19 of the Children's Act as the first legislation to afford surrogate motherhood ... -
Enforceable rights for victims of crime in England and Wales
(University of the Western Cape, 2012)The thesis draws on the author's own contribution to a co-authored text Wolhuter, et al, 2009), which was aimed at introducing students to the legal landscape pertaining to victims' rights in England and Wales. All the ... -
The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence
(UWC, 2003)The need to protect human dignity, freedom, and equality paved the way for the development of the concept of human rights, from an idealistic assertion of vague principles to the adoption of the comprehensive international ... -
Enforcing the economic, social and cultural rights in the South African Constitution as justicable individual rights: the role of judicial remedies
(University of the Western Cape, 2007)Judicial remedies are, amongst others, a vehicle through which respect, protection, promotion and fulfilment of human rights can be delivered to those who need them. A remedy is the perspective from which litigants judge ... -
Enhancing the capacity of policy-makers to mainstream gender in trade policy and make trade responsive to women's needs: A South African perspective
(University of the Western Cape, 2010)The impact of trade policies on the pursuit of gender equality is often ignored. Recognising the link between trade and gender, this dissertation aims to enhance the capacity of policy-makers to mainstream gender in trade ... -
The enlightened shareholder value (esv) approach and the interpretation of the phrase ‘best interests of the company’ in South Africa
(University of the Western Cape, 2023)According to section 76(3)(b) of the Companies Act 71 of 2008, directors are obligated to incorporate the company's best interests in their objectives. Generally, this phrase denotes the interests of the shareholders ... -
Enquiry into what frustrates the efficacy of preferential public procurement as a policy tool for black economic empowerment
(University of the Western Cape, 2011)Black Economic Empowerment (BEE) has been a topic of discussion since the dawn of democracy in April 1994. Due to the entrenched inequalities of the past, economic empowerment is very important for the economic growth of ... -
Entrenching the right to regulate in the international investment legal framework: The African experience
(University of Western Cape, 2019)The existing traditional international investment law regime which is largely based on the conventional European and North American Model Bilateral Investment Treaties (BITs) has come under intense criticism. The argument ... -
The environment as a casualty of war: the role of the African union regulatory framework towards securing environmental protection during armed conflicts
(2013)This mini-thesis analyses the international legal framework governing the protection of the natural environment during armed conflicts. It critically examines the normative rules in international humanitarian law and ... -
Environmental dispute resolution in Tanzania and South Africa: a comparative assessment in the light of international best practice
(University of the Western Cape, 2008)This research examines the effectiveness of these dispute resolution mechanisms in environmental disputes and what improvements should be made in order to make those mechanisms suitable for these types of disputes. -
‘Equal Pay for work of equal value’: Unfair discrimination within the South African workplace – A comparative study
(University of the Western Cape, 2023)The Employment Equity Act 55 of 1998 (EEA) was amended by the Employment Equity Amendment Act 47 of 2013 (EEAA), which, amongst others, introduced sections 6(4) and 6(5) into the Act. Sections 6(4) and 6(5) of the EEAA ... -
Equality and non discrimination in tertiary education for the visually impaired
(University of the Western Cape, 2009) -
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. ... -
The establishment of Tripartite Free Trade Area institutions and its repercussions on countries with multiple memberships
(University of the Western Cape, 2016)This mini thesis examines the repercussions of the establishment of institutions under the Tripartite Free Trade Area (TFTA) Agreement on countries that have multiple regional economic community (REC) memberships. The study ... -
The Ethics and Anti-Corruption Commission of Kenya : a critical study
(University of the Western Cape, 2016)