Browsing Faculty of Law by Title
Now showing items 716-735 of 925
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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 ... -
Revisiting Bilateral Investment Treaties (BITs) in the 21st Century : a Kenyan and South African experience
(University of the Western Cape, 2015)BITs signed prior to the 21st century are problematic. Some countries with BITs signed during this period have since reviewed those BITs and taken action to address the disadvantages the BITs held for the host nation or ... -
Revisiting the definition of a firearm in South Africa: a need for reform?
(University of the Western Cape, 2020)South Africa‟s definition of a firearm is quite broad, yet it excludes various devices that have the same lethal effects as a firearm. This is informed by the various principles that have been developed by the courts in ... -
Revisiting the role of sub-regional courts in the protection of human rights in Africa
(2009)When the Rome Statute was being drafted, referral of a situation by a state party was thought to have the least potential for making the International Criminal Court (hereinafter referred to as the ICC) operational. It was ... -
Revisiting Zimbabwe's First Generation BITs: A Case for Balancing Rights and Obligations
(University of the Western Cape, 2017)Foreign investments have many benefits; most of which are dependent on the kind of investment. For host countries, the expected benefits which would arise from their perspectives include, but are not limited to; technology, ... -
Revolutionising cross-border remittances; A legal framework for mobile money interoperability in Southern Africa
(University of Western Cape, 2021)Regiоnаl trаde, investment аnd crоss-bоrder remittаnces аre аll criticаl cоmpоnents оf ecоnоmic аnd sоciаl develоpment in the Sоuthern Аfricаn Develоpment Cоmmunity (SАDC) regiоn.1 Crоss bоrder remittаnces аre а mаin аnd ... -
The right of access to information for visually disabled and hearing impaired persons in South Africa
(University of the Western Cape, 2016) -
The right of access to information: The Constitutionality of the promotion of access to information bill
(2000)The Constitution of the Republic of South Africa ("the Constitution") as well as its precursor ("the interim Constitution") 2entrench the right of access to information. ln the Constitution the right of access to information ... -
The right of appeal: Exercising the right of appeal from the lower courts
(University of the Western Cape, 2005)This thesis dealt with the constitutionality of the provisions of the Criminal Procedure Amendment Act, 2003 (Act 42 of 2003), pertaining to the leave requirement and petition procedures in respect of appeals against ... -
The right of sexual minorities under the African human rights system
(University of the Western Cape, 2006)The protection of the rights of sexual minorities in Africa is a controversial issue. It is not unusual to find newspaper reports on gross violations suffered by this minority group. Gays and lesbians are victims of violence, ... -
The right to alternative care of children with disabilities in Ethiopia and South Africa
(University of the Western Cape, 2020)The importance of a nurturing environment on early child development and the central role that a family environment plays to this end are widely recognised. However, most children with disabilities lack family life and ... -
The right to birth registration of foreign children in South Africa: A human rights perspective
(University of the Western Cape, 2021)International law explains the significance of the right to a birth certificate,1 birth registration and what it means to be a national of a specific state.2 International law also explains how important the right to birth ... -
The right to development as a normative framework For the human rights obligations of international financial institutions
(University of the Western Cape, 2008)Human rights are the product of different stages of human struggle that took place throughout history. The advent of the right to development in the international arena is part of the result of the struggle of developing ... -
The right to education of children with disabilities in Ethiopia
(University of the Western Cape, 2013)This study seeks to assess the extent to which national laws ensure that CWDs are accessing the right to education on an equal basis with non-disabled children. The study also seeks to assess the policy, legislative and ... -
The right to environment under the Zanzibar constitution : a comparative analysis between revolutionary government of Zanzibar and the Republic of South Africa
(University of the Western Cape, 2009)There are practical linkages between the respective causes of human rights and environmental protection since environmental harms and human rights abuses often go together. Moreover, threats to environment can themselves ... -
The right to freedom of religion in the public domain in South Africa
(University of the Western Cape, 2010)Within the context of South Africa‘s diverging religious, cultural and social backgrounds, new questions on the nature of a multicultural society are raised from the perspective of human rights. The universality and ... -
The right to identity in the context of embryo donation
(University of Western Cape, 2021)In this research, I seek to investigate the extent to which the South African Legislature and the international community recognises the right to identity of a child born through embryo donation. First, I carefully examine ... -
The right to privacy and the challenge of modern cell phone technology
(University of the Western Cape, 2004)Privacy has been defined as a state in which one is not observed or disturbed by others and to have freedom from public attention. A person's right to privacy entails that such a person should have control over his or ... -
The Right to Privacy and the Challenge of Modern Cell Phone Technology
(University of the Western Cape, 2004)Privacy has been defined as a state in which one is not observed or disturbed by others and has freedom from public attention. A person's right to privacy entails that such a person should have control over his or her ... -
A right to protected rivers: An analysis of the fulfilment of the State's Constitutional obligation to take reasonable legislative and other measures that promote the conservation and secure the sustainable use of rivers in South Africa.
(University of the Western Cape, 2003)This mini-thesis deals with the right to protected rivers whereby it analyses the fulfilment of the State's Constitutional obligation to take reasonable legislative and other measures that promote the conservation and ...