Browsing Faculty of Law by Title
Now showing items 777-796 of 925
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Sexual rights violations during the conflicts in the Democratic Republic of the Congo between 2005 and 2015
(University of the Western Cape, 2019)This thesis examines the sexual rights violation in Eastern DRC, which has been described as the worst in the world. The sexual violence against women and children in this country is systematic and widespread and perpetrated ... -
Sexual rights violations during the conflicts in the Democratic Republic of the Congo between 2005 and 2015
(University of the Western Cape, 2019)This thesis examines the sexual rights violation in Eastern DRC, which has been described as the worst in the world. The sexual violence against women and children in this country is systematic and widespread and perpetrated ... -
Sexual rights violations during the conflicts in the Democratic Republic of the Congo between 2005 and 2015
(University of the Western Cape, 2019)This thesis examines the sexual rights violation in Eastern DRC, which has been described as the worst in the world. The sexual violence against women and children in this country is systematic and widespread and perpetrated ... -
Shadows of the past: chances and problems for the Herero in claiming reparations from multinationals for past human rights violations
(University of the Western Cape, 2002)The current situation regarding the accountabilty of transnational corporations, using the lawsuit of the Herero community of Namibia against two German corporations that were involved in the German colonial enterprise ... -
A shareholder’s personal claim against directors for causing pure economic losses through diminution in share value: A South African critical analysis
(University of the Western Cape, 2020)If a company is harmed by the behaviour of a director as a result of financial misstatements, shareholders may suffer the economic consequences in the form of a diminution in the value of their shares. Failure on directorship ... -
Should South Africa criminalise ukuthwala leading to child and forced marriages?
(University of the Western Cape, 2020)Forced marriages and child marriages1 are a global and major concern when dealing with girl children’s and women’s rights. UNICEF statistics2 show that in South Africa alone 1% of girls were married by 15 years and 6% by ... -
The significance of article 24(2) of the UN Convention on the Rights of Persons with Disabilities for the right to primary education of children with disabilities: a comparative study of Kenya and South Africa
(University of the Western Cape, 2013)The UN Convention on the Rights of Persons with Disabilities (CRPD) is the latest human rights treaty at the UN level. The process leading to the adoption called attention to the plight of persons with disabilities, and ... -
The significance of judicial independence in human rights protection: A critical analysis of the constitutional reforms in Zimbabwe
(University of the Western Cape, 2013)The primary basis of this construction is that one of the roles of the judiciary is that of enhancing and protecting human rights. This is an important function which is best implemented through judicial independence. ... -
The significance of the amendments made to section 198 of the Labour Relations Act 66 of 1995.
(University of the Western Cape, 2018)In the South African employment context, temporary employment service (hereinafter referred as TES), also known as labour broking, is regulated by the Labour Relations Act.1 Under the previous LRA (prior 2014 legislative ... -
Similar solutions for similar problems: harmonising energy trade and investment policies and strategies in the East African community
(University of the Western Cape, 2009)Sustainable Energy (oil, gas and electricity) plays an important role in advancing productive capacity and increasing economic growth and sustainable development. In order to achieve this, there must be effective trade and ... -
Sitting head of state immunity for crimes under international law : conflicting obligations of ICC member states?
(University of the Western Cape, 2016)Sitting head of state immunity for crimes under international law has been a very controversial issue in recent times. On the one hand, the debate bears that personal immunity has been renounced for crimes under international ... -
The situs of the registered trade mark right in South African law considered in the light of parallel importation
(University of the Western Cape, 2007)National trade mark registers exist in most jurisdictions around the world despite the demands of international trade in the global economy', the global economy being reputed to abhor all barriers to trade such as those ... -
Slithering towards uniformity: the international commercial arbitration and conciliation working group of UNCITRAL as a key player in the strengthening and liberalisation of international trade
(University of the Western Cape, 2005)The objective of this study was to examine and review the main features and works of the arbitration and conciliation working group of UNCITRAL while demonstrating their impact on international trade. -
Small economies and their development in the Multilateral Trade System: correlation between economic and political environment and trade performance of small economies
(University of the Western Cape, 2007)At the heart of this study is the topic of small economies in the Multilateral Trade System (MTS). The study examines the World Trade Organisation’s (WTO) legal framework and policy objectives in order to develop a ... -
‘Social truth’ as an approach to transitional justice in gacaca courts in post- genocide Rwanda
(University of Western Cape, 2021)This mini-thesis makes a claim that when Rwanda established the rule of Gacaca court system as a communal mechanism of transitional justice in the aftermath of the 1994 genocide, it accordingly enabled space for the ‘social ... -
The Societas Privata Europaea - A European Private Limited Company in the Making: including a comparative look at the process of company law reform in South Africa
(University of the Western Cape, 2008)This mini-thesis aims to contribute to the debate around the legislative process by summarizing and analysing it comprehensively. It will, without being exhaustive, seek to identify the most important legal requirements ... -
Socio-economic rights in Africa: a critical evaluation of legal protection mechanisms and Implementation strategies
(University of the Western Cape, 2001)There is an emerging broad consensus that civil and political rights on the one hand, and socio-economic rights on the other, are ingenerated and indivisible. Taken together, they embody the cardinal norms which inform ... -
Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia
(University of the Western Cape, 2016)The main objective of this paper is to critically analyse the solutions that countries are currently implementing in response to the much-debated issue that the conventional investor-state dispute settlement (ISDS) regime ... -
South Africa's policy and legal framework pertaining to sustainable energy generation and use : a critical appraisal
(University of the Western Cape, 2012)The methods of energy use and production in South Africa are currently unsustainable, and have dire environmental and health impacts. This is largely due to fossil fuel based energy generation and use. Currently 89% of ... -
The South African business judgement rule – An analysis of the rationality standard for reviewing the conduct of a director
(University of the Western Cape, 2023)The legal nature of a company is that of an artificial person, which exists separately from the management and shareholders of that company.1 Consequently, it lacks the ability to act on its own and must act through ...