Browsing Faculty of Law by Title
Now showing items 837-856 of 925
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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 ... -
The supervision of local government in Zambia: An imbalance between supervisory powers and local autonomy?
(University of the Western Cape, 2018)Since gaining independence in 1964, Zambia has embarked on a number of reforms, including legislative, aimed at improving the effectiveness of its decentralised system of government. Local government received constitutional ... -
The Transformation of local government service delivery in South Africa: The failures and limits of legislating new public management
(University of the Western Cape, 2017)Apartheid local government failed to deliver services to the people of South Africa. Instead, it created huge spatial/settlement distortions, economic disparities, skewed urban economic logic, and massive service and ... -
The treatment of gender-issues and development in the Sierra Leonean transitional justice context
(University of the Western Cape, 2017)Transitional justice mechanisms have become commonplace as a tool for recovery for societies emerging from conflict and repressive regimes. The extent to which women's rights concerning development and long-term economic ... -
The use of ethnicity as a factor for demarcating municipalities: the case of Malamulele and Vuwani communities.
(University of the Western Cape, 2017)In 1994, South Africa became a democratic country after many decades of resistance against apartheid. In 1996, the Constitution which is the supreme law of the country was adopted and provides for three spheres of government ... -
To what extent does the law governing dismissals based on operational requirements protect employees?
(University of the Western Cape, 2022)Retrenchments or dismissals based on operational requirements are defined as requirements based on economic, technological or similar needs of an employer.1 In terms of the Labour Relations Act 66 of 1995, a dismissal ... -
To what extent does Zimbabwe comply with its international obligations for the protection of unaccompanied and separated refugee children?
(University of the Western Cape, 2015)This study set out to analyse Zimbabwe’s obligations under international law for the protection of UARC. Chapter one was an introduction to the study laying out the background of refugee and child protection. The background ... -
Toward human rights-compatible bilateral investment treaties: the case of Ghana
(University of the Western Cape, 2023)The legal structure of the existing bilateral investment treaties (BITs) of Ghana consists of the title, preamble, scope, most-favoured-nation rule, national treatment, fair and equitable treatment, full protection and ... -
Towards a fairer multi-lateral trade relations between the European union and African Caribbean and pacific countries?
(University of the Western Cape, 2005)Sugar, bananas, beef and cotton are some of the few products, which are the primary commodities in many African, Caribbean and Pacific countries (ACP).2 Many are highly vulnerable small islands, landlocked and least ... -
Towards a multilateral agreement on investment (MAI): implications for developing African countries
(University of the Western Cape, 2007)In most African countries the private sector provides the main impetus for economic growth, especially since countries started opening up their economics for foreign investment. Foreign investments have played an important ... -
Towards a regional investment dispute settlement system an African perspective
(University of the Western Cape, 2017)Foreign investment was believed to have been fostered by states signing bilateral investment treaties (BITS) and multilateral investment treaties as a way of protecting investors. The proliferation of such agreements has ... -
Towards an African International Criminal Court? – assessing the extension of the jurisdiction of the African Court of Justice and Human Rights to cover international crimes
(University of the Western Cape., 2011)Africa seemingly cursed with instability, conflict and gross human rights violations has been the largest scene of operation of international criminal justice. This understanding led African States to be some of the key ... -
Towards an effective protection for independent adolescent migrants in Africa
(University of Western Cape, 2019)Every year approximately 33 million children leave their home countries and cross international borders seeking refuge from war, instability, ethnic conflicts, natural and man-made disasters, and extreme poverty. Among ... -
Towards an International Standard on government procurement in the WTO: Assessing the role of RTAs in entrenching the principles of the WTOs agreement on government procurement in developing countries
(University of the Western Cape, 2007)Government procurement is a very important aspect of international tradeas it can either promote or inhibit trade depending on laws and policies of a country. The study is confined to issues pertaining to the role of RTAs ... -
Towards binding economic, social and cultural rights obligations of non-state actors in international and domestic law: a critical survey of emerging norms
(University of the Western Cape, 2005)This study argued that the issue of non-state actors requires a comprehensive response that includes the recognition of both non-binding and binding human rights obligations of these actors. It examined critically the ... -
Towards co-operative relations between district and local municipalities
(University of the Western Cape, 2006)The political context that prompted the formation of district municipalities in the present form can be summarized as follows: before 1994, there were a few sporadic Regional Services Councils and Joint Services Boards ...