Browsing Faculty of Law by Title
Now showing items 788-807 of 952
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Safeguard dilemmas: The need for practical special and differential treatment for developing countries
(University of the Western Cape, 2006)Safeguards are among the most controversial of all trade remedies, due to the fact that they are contrary to the general principles of international fair trade as articulated in the various ageements governing the relationship ... -
Safeguarding the right to freedom from arbitrary detention in Cameroon
(University of the Western Cape, 2021)Arbitrary detention is a human rights violation. Its complete eradication is a major concern to the international community. The International Covenant on Civil and Political Rights (ICCPR) is the main treaty that protects ... -
Safeguarding the right to freedom from torture in Africa: the Robben Island guidelines
(University of the Western Cape, 2005) -
Safeguarding the right to freedom from torture in Cameroon
(University of the Western Cape, 2012)The international community saw the need to completely eradicate the use of torture and, as a result, adopted the 1984 Convention against Torture. The Convention obliges states to take effective legislative, judicial, and ... -
'The school funding system in post-apartheid South Africa: Is the right to adequate basic education accessible to the rich only?'
(University of the Western Cape, 2009)The financing of public schools in South Africa is dependent on school fees to a great extent. However, the legislative process governing the charging of school fees perpetuates the entrenched inequality in the education ... -
The scope and content of the child's right to identidy in the context of surrogacy
(University of the Western Cape, 2017)The development of assisted reproductive technology (ART) has radically changed the landscape of the conventional family. It has permitted a platform for the creation of families and family structures with tremendous ... -
Scrutinising the modes of responsibility under the Rome statute : settling the dust
(University of the Western Cape, 2015)Under international criminal law (ICL), there are factual and legal intricacies. Of these intricacies, the issues concerning the modes of responsibility, which are enshrined under Article 25(3) of the ICC Statute, have ... -
The selection criteria to be used in dismissals for operational requirements: A comparative analysis between South Africa, Germany and United Kingdom
(University of the Western Cape, 2022)The Labour Relations Act 66 of 1995 (LRA) makes provision for dismissal of employees based on an employer’s operational requirements (also known as retrenchments). The employer needs to meet both the substantive and ... -
Self-referrals to the international criminal court: legal analysis, case studies and critical evaluation
(University of the Western Cape, 2017)The main contributor of situations before the International Criminal Court (hereinafter ICC) has been state parties that have referred situations on their own territory to the ICC through “self-referral”. This study examines ... -
Senior Managerial Employees: Their Right to Bargain Collectively and their Right not to be Unfairly Dismissed
(University of the Western Cape, 2001)This paper addresses a special class of employees in the South African labour law. Senior managerial employees in South African labour law as well as the international jurisprudence have become a matter of controversy. The ... -
Sexual and gender-based violence in international refugee law- examining whether women are effectively protected
(University of Western Cape, 2021)Refugee women experience the full spectrum of Sexual and Gender-based Violence (SGBV) throughout the refugee experience. SGBV is a global crisis that refugee women are subjected to daily. Refugee women face SGBV in their ... -
Sexual minority rights in Cameroon
(University of Western Cape, 2012)The objective of this study is to explore the criminalisation of persons based on sexual orientation in Cameroon in light of that country’s international human rights obligation. The study examines the constitution and ... -
Sexual rights violations during the conflicts in the Democratic Republic of the Congo between 2005 and 2015
(University of the Western Cape, 2019)This thesis examines the sexual rights violation in Eastern DRC, which has been described as the worst in the world. The sexual violence against women and children in this country is systematic and widespread and perpetrated ... -
Sexual rights violations during the conflicts in the Democratic Republic of the Congo between 2005 and 2015
(University of the Western Cape, 2019)This thesis examines the sexual rights violation in Eastern DRC, which has been described as the worst in the world. The sexual violence against women and children in this country is systematic and widespread and perpetrated ... -
Sexual rights violations during the conflicts in the Democratic Republic of the Congo between 2005 and 2015
(University of the Western Cape, 2019)This thesis examines the sexual rights violation in Eastern DRC, which has been described as the worst in the world. The sexual violence against women and children in this country is systematic and widespread and perpetrated ... -
Shadows of the past: chances and problems for the Herero in claiming reparations from multinationals for past human rights violations
(University of the Western Cape, 2002)The current situation regarding the accountabilty of transnational corporations, using the lawsuit of the Herero community of Namibia against two German corporations that were involved in the German colonial enterprise ... -
A shareholder’s personal claim against directors for causing pure economic losses through diminution in share value: A South African critical analysis
(University of the Western Cape, 2020)If a company is harmed by the behaviour of a director as a result of financial misstatements, shareholders may suffer the economic consequences in the form of a diminution in the value of their shares. Failure on directorship ... -
Should South Africa criminalise ukuthwala leading to child and forced marriages?
(University of the Western Cape, 2020)Forced marriages and child marriages1 are a global and major concern when dealing with girl children’s and women’s rights. UNICEF statistics2 show that in South Africa alone 1% of girls were married by 15 years and 6% by ... -
The significance of article 24(2) of the UN Convention on the Rights of Persons with Disabilities for the right to primary education of children with disabilities: a comparative study of Kenya and South Africa
(University of the Western Cape, 2013)The UN Convention on the Rights of Persons with Disabilities (CRPD) is the latest human rights treaty at the UN level. The process leading to the adoption called attention to the plight of persons with disabilities, and ... -
The significance of judicial independence in human rights protection: A critical analysis of the constitutional reforms in Zimbabwe
(University of the Western Cape, 2013)The primary basis of this construction is that one of the roles of the judiciary is that of enhancing and protecting human rights. This is an important function which is best implemented through judicial independence. ...