Browsing Faculty of Law by Title
Now showing items 827-846 of 930
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Testing the boundaries of Zimbabwe's fiscal decentralisation for urban councils
(University of the Western Cape, 2010)There is a realisation that urbanisation has overstretched the ability and efforts of central governments to serve from the centre, thus, giving rise to the search for a robust decentralisation policy that vests urban local ... -
The challenge associated with upholding the human rights of asylum seekers during the refugee status determination process in South Africa
(University of the Western Cape, 2018)Foreign nationals regularly finds themselves seeking refuge in a host country such as South Africa. One would expect that due to comprehensive legislation ranging from national to international level, foreign nationals ... -
The Challenges Faced By Truth Commissions as a Result of the Selection and Appointment of Truth Commissioners
(University of the Western Cape, 2017)As states continue to rapidly transition from conflict or autocracy to democracy, there has been need to address past gross human rights violations. To address these past egregious violations, transitioning countries often ... -
The Challenges faced by Truth Commissions as a result of the selection and appointment of Truth Commissioners
(University of the Western Cape, 2017)As states continue to rapidly transition from conflict or autocracy to democracy, there has been need to address past gross human rights violations. To address these past egregious violations, transitioning countries often ... -
The decentralisation of powers and functions to local government under the 2016 Constitution of Zambia.
(University of the Western Cape, 2018)At independence in 1964, the United National Independence Party (UNIP)-led government in Zambia was, among other things, confronted with the challenge of transforming an inherited dual, undemocratic, racist and exploitative ... -
The Effectiveness of the Swkopmund Protocol on the Protection of Traditional knowledge in Namibia.
(University of the Western Cape, 2017)Traditional knowledge has been around for centuries and has gained over the centuries and adapted to the local culture and environment, traditional knowledge is transmitted orally from generation to generation. It tends ... -
The fragmented approach to confiscating dirty assets in Botswana
(University of the Western Cape, 2018)In the early 1990s Botswana faced rising levels of grand corruption and economic crimes in general. The laws could not cope with the high incidence of economic criminality, especially as regards the confiscation of dirty ... -
The Immunity Clause in the Statute of the 'African Criminal Court' and Its Impact in the Exercise of the Courts' Jurisdiction over the Crimes
(University of the Western Cape, 2017)In June 2014, the AU adopted a Protocol which included in its annexe a Statute of the African Court of Justice and Human and Peoples' Rights. The Protocol proposes to expand the jurisdiction of the African Court of Justice ... -
The Impact of South African Law on the Islamic Law of Succession
(University of the Western Cape, 2018)South African Muslims constitute a religious minority group that is subject to dual legal systems. In the public sphere they are bound by South African law whereas in the private sphere are duty bound in terms of their ... -
The Impact of the Legal Framework for Local Government on Building and Sustaining Coalitions in Municipal Councils
(University of the Western Cape, 2018)In any democratic society, elections are a significant mechanism for citizens to communicate with their representatives. As a result, elections provide a window of opportunity to every voter to hire or fire any political ... -
The international crimes division of Uganda: Complementry in practice
(University of the Western Cape, 2017)In previous centuries, millions of women, men and children were victims of inconceivable atrocities that deeply shocked the scruples of mankind. Regrettably, such crimes often went unpunished in the past. Several people ... -
The legal protection of sound, scent and colour marks in South Africa: Lessons from the European Union and the United States of America
(University of the Western Cape, 2018)A trade mark is defined as a sign that is capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trade marks, copyright, patents and designs are some of the forms of intellectual ... -
The legalisation and regulation of online gambling in South Africa
(University of the Western Cape, 2017) -
The Prosecution of sexual violence crimes under article 7 and 8 of the rome statue of the international criminal court: A reason for optimism?'
(University of the Western Cape, 2018)The Rome Statute gave birth to the International Criminal Court (ICC) on 17 July 1998. Its mandate is to assist the international community in the arduous task of closing the gap of impunity for the most heinous crimes, ... -
The regionalisation of international criminal justice in Africa
(University of the Western Cape, 2017)This study was undertaken under the South African-German Centre for Transnational Criminal Justice, University of the Western Cape (UWC), South Africa and Humboldt Universitat zu Berlin, Germany. The Centre provided a ... -
The responsibility to protect in the context of the NATO intervention in Libya in 2011: a human rights analysis
(University of the Western Cape, 2017)The international human rights architecture experienced a shift from states to individual rights within a state. This is mainly informed by the fact that states committed human rights atrocities against their own civilians. ... -
The Right to Health Care of Terminally Ill Inmates in South Africa
(University of the Western Cape, 2018)In South Africa, prison authorities are not primarily concerned with the health of the prison population. This is evidenced by inter alia: the vast number of complaints regarding health care received by the Judicial ... -
The role of traditional leaders in local governance: A case study of Limpopo
(University of the Western Cape, 2017)Traditional leaders have existed in South Africa for a very long time. During the apartheid era they were the rulers of Bantustans or homelands. The roles of traditional leaders during the apartheid regime were, inter alia, ... -
The Social Obligation Norm as the Framework for Land Restitution in South Africa
(University of the Western Cape, 2017)This research project proposes that the social-obligation norm of ownership should be adopted as the ethic on which land restitution is carried out in South Africa. While there exists a subtle and indirect appreciation of ... -
The Status of Digital Rights Management in South African Law
(University of the Western Cape, 2017)It is justifiable for the holder of copyright to be entitled to its protection and to be granted the exclusive right to profit from their innovation, and this is the basis for the development of laws promoting intellectual ...