Browsing Faculty of Law by Title
Now showing items 785-804 of 925
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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 ... -
South African company law in the fourth industrial revolution: does artificial intelligence create a need for legal reform?
(University of the Western Cape, 2021)Across the world, the Fourth Industrial Revolution (4IR)1 is disrupting the law.2 The 4IR has specifically disrupted commercial law in areas such as banking,3 competition,4 consumer protection,5 contract,6 insurance,7 ... -
The South African law of trusts with a view to legislative reform
(University of the Western Cape., 2016)More than twenty years have passed since the Trust Property Control Act 57 of 1988 came into operation. Although the Act provided context, clarity and regulation in certain areas of trust law, it is apparent that there ... -
The South African legislative response to cybercrime
(University of the Western Cape, 2021)As the world moves into a hyper-connected global society with near universal access to the internet, cybercrime has become a global challenge. The problems embedded in the issue of cybercrime are at least twofold. Firstly, ... -
The South African military aerospace industry: An overview of the special defence account more commmonly known as 'The South African Arms Deal'
(University of the Western Cape, 2007)The paper focuses specifically on the South African Military Aerospace Industry as most of the weapons procured under the arms deal were military aircraft. Taking into account the numerous social needs of South Africa, the ... -
South Africa’s utilisation of the world trade organisations instruments in the protection of the textile and poultry industries
(University of the Western Cape, 2020)The World Trade Organisation (WTO) is the only global international organisation dealing with the rules of trade between nations.1 The WTO agreements uphold certain principles; one such principle is the rule of the ... -
South frica’s non-ratification of the United Nations convention on Contracts for the International Sale of Goods (CISG), wisdom or folly, considering the effect of the status quo on international trade
(University of the Western Cape, 2011)The United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) seeks to provide a standard uniform law for international sales contracts. This research paper analyses the rationale behind South ... -
South-African german centre transnational criminal justice and crime prevention: An international and African perspective
(University of the Western Cape, 2017)Corruption is a global problem, which poses a serious threat to the development of countries and their people. Although its impact varies, all nations are facing the evils of corruption and, therefore, the international ...