Browsing Faculty of Law by Title
Now showing items 882-901 of 925
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The TRIPS flexibilities and access to essential medicines in the developing world: are they sufficient and is our implementation adequate?
(University of the Western Cape, 2007)The underlying rational behind the protection of intellectual property rights is to strike a balance between the interests of intellectual property rights holders on the one hand and users of protected knowledge on the ... -
Truth Commissions: Did the South African Truth and Reconciliation Commission serve the purpose for which it was established?
(University of the Western Cape, 2010)Since the 1980's, many dictatorships around the world have been replaced by new democracies. These old dictatorships were notorious for their human rights abuses. Many people were killed and tortured; and many others were ... -
Ubuntu and the South African Law of Contract with particular reference to the common law Contract of Employment
(University of the Western Cape, 2022)The concept of ubuntu has exercised the minds of many philosophers and jurists in recent times. This arises from the fact that the concept has many facets to it – etymological, linguistic, ethical and juridical – all of ... -
Uganda's response to the phenomenon of enforced disappearances and the transitional justice response in Uganda
(University of the Western Cape, 2017)Enforced disappearances are a heinous violation of numerous human rights enshrined in many international conventions. However, they have not been adequately addressed in many jurisdictions. This crime is very common ... -
Uganda's response to the phenomenon of enforced disappearances and the transitional justice response in Uganda
(University of the Western Cape, 2016)Enforced disappearances are a heinous violation of numerous human rights enshrined in many international conventions. However, they have not been adequately addressed in many jurisdictions. This crime is very common within ... -
The Ugandan transit constraints in Kenya and possible Ugandan claims under the agreements of the East Africa Community and the GATT Agreement 1994
(University of the Western Cape, 2013)The problems connected with transit of goods also have been mostly neglected in the respective literature so far: In most books about the law of the WTO, Article V of GATT 1994 has been left out completely or reference is ... -
Unaccompanied Minor Refugees and Asylum Seekers: Placement in Foster care and Adoption as Durable Solutions.
(University of the Western Cape, 2018)At the age of 15, Nestor Tata watched rebel soldiers in Democratic Republic of Congo (hereinafter DRC) kill his father, and not long afterwards came home from school to find the murdered body of his mother. With no siblings ... -
Understanding kinship care of children in Africa: a family environment or an alternative care option?
(University of Western Cape, 2013)In Africa generally, orphaned and vulnerable children are traditionally cared for by their relatives or close family friends; this is an abiding practice even in contemporary times. This was historically considered to be ... -
Understanding regionalisation and preferential relations in world trade law and policy: a perspective from the East African Community (EAC).
(University of the Western Cape, 2011)The rapid growth in the number of regional trade agreements (RTAs) has led to concern about the weakening of the multilateral trading system. This thesis examines the spread of such agreement and the extent to which they ... -
Unfair discrimination within the South African Department of Correctional services against inmates with ancestral calling (Ubizo)
(University of the Western Cape, 2022)The dissertation examines unfair discrimination within the South African Department of Correctional Services against inmates with ancestral calling (ubizo). Inmates (like everyone) have fundamental rights as enshrined by ... -
Unfettering the political mandate: reflections on political prohibition, the world bank’s role in the protection of human rights and the chad – Cameroon pipeline
(2007)As a case study, the paper analyzes the Bank’s role in the Chad-Cameroon Petroleum Development and Oil Pipeline project (the project) in which the Bank has been involved since the year 2000. The paper presents the lessons, ... -
Unfunded budgets in local government
(University of Western Cape, 2020)The Constitution of the Republic of South Africa entrenches the status of local government as a distinct sphere of government.1 In terms of section 40(1), the government of the Republic is constituted of three spheres, ... -
United Nations peacekeeping and international humanitarian law
(UWC, 2002)The end of the Cold War created the expectation that the international community will be able to deal with any challenges to international peace and security more effectively. However, these expectations were dispelled, ... -
Universal jurisdiction in respect of international crimes : theory and practice in Africa
(University of the Western Cape, 2015)The crimes of genocide, war crimes and crimes against humanity are customary international law crimes. The African continent has experienced quite a number of cases involving these crimes, and the continent's ability and ... -
The University of the Western Cape protecting women from intimate partner violence in South Africa: Evaluating whether the state fulfilled its legal obligations during the Covid-19 lockdown
(University of the Western Cape, 2022)The COVID-19 lockdown regulations in South Africa were put in place to protect its citizens from the spread of the virus, however certain restrictions consequently endangered women. Comparing gender-based violence statistics ... -
The use of groundwater as an option for the realization of the right of access to basic water and sanitation in South Africa
(University of the Western Cape, 2004)The most contentious issue in the present South African Constitution is the realization of the rights entrenched therein. These rights are contentious because they are justifiable in their nature, subject to judicial ... -
Using fixed-term contracts of employment subsequent to the introduction of section 198 in the labour relations act 66 of 1995: A study of the technical and vocational education and training sector in South Africa.
(University of the Western Cape, 2020)This study is encouraged by the fact that the field of labour law has drastically changed after enactment of amendments in various labour legislation such as Employment Equity Act, Basic Conditions of Employment Act and ... -
The utility of King IV Principles on Corporate Governance in improving the state of accountability in local government.
(University of the Western Cape, 2019)Local government is often described as the cornerstone of democratic government and it is the level or sphere of government that is physically closest to the people.1 As a result, local government tends to have the most ... -
The utility of King IV Principles on Corporate Governance in improving the state of accountability in local government.
(University of the Western Cape, 2019)Local government is often described as the cornerstone of democratic government and it is the level or sphere of government that is physically closest to the people.1 As a result, local government tends to have the most ...