Browsing Faculty of Law by Title
Now showing items 667-686 of 925
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The protection of traditional knowledge: challenges and possibilities arising from the protection of biodiversity in South Africa
(University of the Western Cape, 2011)Traditional Knowledge (TK) is the long standing wisdom, teachings and practices of indigenous communities which have been passed on orally, in the majority of cases, from generation to generation. TK is expressed in the ... -
The prototype carbon Fund, a public/ private collaboration in the emerging environmental market
(University of the Western Cape, 2007)This paper addresses the issue of the primary Prototype Carbon Fund objectives , which are High-Quality Emmissions reductions ; knowledge dissermination; Public-private parterships. The researcher further invesigates ... -
Proving genocidal intent and the policy element: genocide in Darfur?
(University of the Western Cape, 2009)This research paper will focus on these controversial issues and their significance for the International Criminal Court (ICC) in dealing with the situation in Darfur/Sudan. Furthermore, another related issue that was ... -
Public interest litigation as practiced by South African human rights NGOs: any lessons for Ethiopia?
(University of the Western Cape, 2005)This study explored the various forms public interest litigation takes in various legal systems, focusing on the practice in South Africa. An examination of the relevant legal regime in Ethiopia was made with a view to ... -
‘Public participation and environmental law: A South African perspective’
(University of Western Cape, 2019)The Constitution of the Republic of South Africa ‘despite being one of the world’s most liberal constitutions, South Africans still have no transparent and participatory mechanisms for deciding democratically on the ... -
Public participation in constitution-making: A critical assessment of the Kenyan experience
(University of the Western Cape, 2009)Kenya has embarked on a constitutional making process that is hoped to ensure a transition to democracy. The current constitution making process is not the first of its kind in post independence Kenya.1 Since the Lancaster ... -
Public-private partnerships as enablers of investment and infrastructure development in Africa: a South African perspective
(University of the Western Cape, 2023)Governments in sub-Saharan Africa cannot afford the enormous challenge of creating worldclass infrastructure to satisfy the rise in citizen demand and maintain and update the current infrastructure assets. This is a result ... -
The quest for a multilateral agreement on investment (MAI); relevance and effects on developing African countries
(University of the Western Cape, 2005)The aim of this examination was to identify those evolving trends that are common to multilateral agreements some of which have been entered into by African developing countries, bearing in mind the debates and position ... -
The ratification of the international covenant on economic, social and cultural rights, strategic litigation and the right of access to adequate housing
(University of the Western Cape, 2018)Access to adequate housing is an important socio-economic right and is of central importance for the enjoyment of all rights. The right to access adequate housing is viewed as a fundamental human right and has been described ... -
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 ... -
Realising the human right to water in Malawi through community participation
(University of the Western Cape, 2015)Lack of universal access to water is one of the fundamental failures of development in the 21st century. Women not only disproportionately bear the burden of lack of safe water but also have the least opportunity to take ... -
Realising the right of children with disabilities to early childhood development in South Africa
(University of Western Cape, 2014)This study sets out to establish what is required of the South African government to comply with international human rights treaties and Constitutional obligations with respect to early childhood development (ECD) for ... -
Realising the right to property for women in rural Lesotho
(University of Western Cape, 2021)The right to property is a human right guaranteed to all, including women, under various international legal instruments such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of ... -
Realising the right to the highest attainable standard of health in the nuclear industry
(University of the Western Cape, 2019)African states are interested in the development of nuclear power (also referred to as atomic power) for the generation of electricity and desalination. These include Algeria, Egypt, Ghana, Kenya, Morocco, Namibia, Niger, ... -
Realising the socio-economic rights of refugees under international human rights law: A case study of South Africa
(University of the Western Cape, 2014)The purpose of this study is to outline the socio-economic rights of refugees in South Africa with a particular emphasis on their rights to education, housing and health care. The study aims to explore whether the current ... -
A reasonable expectation of indefinite employment upon the expiry of a fixed-term employment contract
(University of the Western Cape, 2023)Section 186(1)(b)(ii) of the Labour Relations Act 66 of 1995 (LRA), as amended, came into effect on 1 January 2015. This section provides the special right, of an employee, to claim dismissal based on a reasonable expectation ... -
Recovering the Proceeds of Corruption: Why Kenya Should Foreground Civil Forfeiture
(University of the Western Cape, 2012)Today corruption is a major concern for most countries.1 Civil forfeiture of the proceeds of corruption has been embraced as a key strategy by many states in recovering public funds lost through corruption.2 It may be ... -
Recruitment and use of juvenile pirates as crimes against humanity
(University of the Western Cape, 2018)Piracy attacks off the coast of the Horn of Africa have been on the rise in the recent years. According to a report by Ocean without Borders, although no vessels were hijacked by pirates off the coast of Somalia in 2017, ... -
Redressing female victims of sexual violence: possibilities for gender-specific reparations at the International Criminal Court
(University of the Western Cape, 2011)This paper is about the reparations regime of the International Criminal Court and reparations possibilities for victims of sexual violence. It will contain a legal analysis of the reparations system of the Court, including ...