Browsing Faculty of Law by Title
Now showing items 611-630 of 922
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An overview of the foster care crisis in South Africa and its effect on the best interests of the child principle : a socio-economic perspective
(University of the Western Cape, 2016) -
An overview of the regulation and management of cryptocurrency in South African inter vivos and testamentary trusts.
(University of the Western Cape, 2021)Our lives, work, and behaviour have been changed both positively and negatively by the digital presence that has grown tremendously over the last three decades, and with this exponential growth, we cannot predict where we ... -
The pactum de non cedendo :a re-evaluation
(University of the Western Cape, 2009)Since the pactum de non cedendo is prohibitory by its nature and operation, our law should have proceeded with caution when determining its effect. This, unfortunately, is not what transpired in the locus classicus decision. ... -
Palestine and the ICC: a Critical appraisal of the decision of the office of the prosecutor on the Palestine ad hoc Declaration
(University of the Western Cape, 2014)The Palestinian government made an ad hoc declaration accepting the jurisdiction of the International Criminal Court in 2009. Three years later, the Office of the Prosecutor of the International Criminal Court rejected the ... -
The Pan-African parliament : its promise for human rights and democracy in Africa
(University of the Western Cape, 2006)Since the transition of the Organisation for African Unity (OAU) to the African Union (AU) there has been a notable shift in the way the organisation addresses human rights and democratisation. Particularly the OAU had ... -
The Paralegal and the Right of Access to Justice in South Africa
(The University of the Western Cape, 2018)Political settlements in post-conflict democracies such as South Africa with its accompanying constitutional reforms have altered the relationship between citizens and the State, creating a new order of citizen entitlement ... -
Peacebuilding and justice in conflict: the imperative for transformative justice in the post-war reconstruction of Chad
(University of the Western Cape, 2023)The fault lines in the implementation of transitional justice mechanisms have posed enormous challenges to peacebuilding, reconciliation, and reconstruction in many postconflict societies, particularly in the Global South. ... -
The people shall govern: Constituent power and the South African Constitution
(University of the Western Cape, 2017)The South African negotiations process, in the true spirit of classical liberalism, emphasised juridical continuity, legality, and gradual political change. But in spite of this and the fact that South Africa’s constitution-making ... -
Pertinent legal issues and impediments fettering the successful prosecution of the crime of money laundering and its predicate offences in Zambia: proposed reforms
(2009)The law relating to money laundering is not a new branch of law although it seems to be just emerging in this modern era of advanced technology and organised crime. It evolved in the 18th century with the case of Rex v ... -
Piercing the corporate veil : a critical analysis of section 20(9) of the Companies Act 71 of 2008
(University of the Western Cape, 2016) -
The place of women in the political sphere: a comparative study of Cameroon and South Africa
(University of the Western Cape, 2004)This thesis compared the status of women's political participation in Cameroon and South Africa through an assessment conducted against the backdrop key of international, regional and national human rights standards. The ... -
Playing in the shadows: An analysis of childhood statelessness and the right to nationality in South Africa and Zimbabwe.
(University of Western Cape, 2019)The Universal Declaration on Human Rights (UDHR) provides that „everyone has the right to nationality.‟1 Nationality2 refers to the legal relationship between a State and an individual.3 The consequences are that this legal ... -
The plight of internally displaced persons (IDPs) during armed conflict: the case of Sudan and Somalia
(University of the Western Cape, 2007)The plight of internally displaced persons (IDPs)in Sudan and Somalia constitutes one of the greatest human tragedy of our time since the end of the Cold War. The concept of IDPs is immense and growing. This research paper ... -
The political / administrative interface: the relationship between the executive mayor and municipal manager
(University of the Western Cape, 2010)Local government is arguably the most significant sphere of government to lay citizens, as it is the point of contact of citizens with their government. Local government enables a direct link between the general public and ... -
Political participation of refugees as a means to realise the right to repatriation: the search for a durable solution to the refugee problem in Africa
(University of the Western Cape, 2006)This paper sought to discuss the questions whether refugees have the right to return to their country of origin and whether their participation in the political life of that country may be used as a means to realise their ... -
Politically exposed persons and economic criminality : the case of Tanzania
(University of the Western Cape, 2015)It is estimated that each year between $20 billion and $40 billion are lost from the economies of developing countries as a result of political corruption. In Africa, corrupt practices, mostly by government officials, have ... -
The position of the emerging countries, Brazil, Russia, India, China and South Africa (BRICS), in the further development of the multilateral trading system
(University of the Western Cape, 2014)This research is based on the premise that the BRICS group is a movement directed at the rebalancing power and wealth that may put an end to the domination of developed countries in the multilateral trading system. In order ... -
The possibilities of institutional dialogue in South Africa through weak form judicial review
(University of the Western Cape, 2012)The 1996 Constitution of the Republic of South Africa is the supreme law of the Republic and in enjoying this status it is prescribing the composition of the three different arms of government as well as each branch’s ... -
The possible impact of the international criminal court on human rights in Africa
(UWC, 2001)The cruelty and horrors of World War ll were historic in shaping the new world order. The international protection of human rights then gained eminence following the establishment of the Nuremberg and Tokyo international ... -
Post-1996 service delivery in South Africa: Constitutional and social contract perspectives
(University of the Western Cape, 2022)The human rights movement, which emerged after the end of the Second World War, has created consensus in the international community that basic social amenities are indispensable for human development. These amenities are ...