Browsing Faculty of Law by Issue Date
Now showing items 41-60 of 952
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The principle of universal jurisdiction as a tool of international criminal justice: challenges for Africa
(University of the Western Cape, 2003)The subject of universal jurisdiction is of great relevance to all who work for human rights. I regard the search for ways to end impunity in the cause of gross violations of human rights as an essential part of the work ... -
The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence
(UWC, 2003)The need to protect human dignity, freedom, and equality paved the way for the development of the concept of human rights, from an idealistic assertion of vague principles to the adoption of the comprehensive international ... -
WWIII? war on women continues!
(University of the Western Cape, 2003)ln the course of this research paper incidence of sexual slavery, sexual violence and rape during times of war will be examined. The incidence where systematic rape is seen as a weapon of war designed to exterminate a ... -
A right to protected rivers: An analysis of the fulfilment of the State's Constitutional obligation to take reasonable legislative and other measures that promote the conservation and secure the sustainable use of rivers in South Africa.
(University of the Western Cape, 2003)This mini-thesis deals with the right to protected rivers whereby it analyses the fulfilment of the State's Constitutional obligation to take reasonable legislative and other measures that promote the conservation and ... -
Implementing the Rome statute of the international criminal court domestically: a comparative analysis of strategies in Africa
(University of the Western Cape, 2003)On 17 July 1998, a total of 120 states voted to adopt the Rome Statute of the International Criminal Court (Rome Statute) 1 in a UN sponsored conference in Rome. The International Criminal Court (ICC or 'the Court') has ... -
The challenges posed by mandatory minimum sentence legislation and recommendations for improved implementation
(University of the Western Cape, 2003)Towards the end of 1997 Parliament unanimously enacted legislation that prescribe severe mandatory sentences for a large number of serious offences. Sections 51, 52 and 53 of the Criminal Law Amendment Act1 (hereinafter ... -
The impact of privatisation on socio-economic rights and services in Africa: the case of water privatisation in South Africa
(University of the Western Cape, 2004)This study generally centres on the debate about the impact of privatisation on socio-economic rights and services. The specific objective of the study is to establish whether the privatisation of water services in South ... -
How can the voice of the child be adequately heard in family law proceedings
(University of the Western Cape, 2004)Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional ... -
Decentralisation in SADC countries :transformation and challenges of decentralisation
(University of the Western Cape, 2004)This study focussed on the transformation of the institutions of local government from deconcentration, delegation to devolution. This transformation can be looked at starting with the institutions inherited from the ... -
The challenges posed by mandatory minimum sentence legislation in South Africa and recommendations for improved implementation
(University of the Western Cape, 2004)Generally the Courts have a discretion to impose sentence. Violent crime was rampant in South Africa. The response of the legislature in dealing with crime was to enact legislation in 1997 like sections 51 to 53 of the ... -
www.crimesagainstchildren.com: addressing child pornography via the internet in Africa
(University of the Western Cape, 2004)The study focus on child pornography on the Internet as a manifestation of sexual abuse and sexual exploitation of children. The debate centres around the exacerbated effect of child pornography on victims and subsequent ... -
Changing terms and conditions of employment in the South African labour relations arena -- the approach of the courts: A comparative analysis
(University of the Western Cape, 2004)This paper focused on how competing interests of employers and employees are accomodated in the South African Labour Relations arena. An analysis of the legislative framework was undertaken to establish how the legislation ... -
How can Africa attract foreign direct investment, with specific reference to an investment strategy within Africa
(University of the Western Cape, 2004)This research focused primarily on certain bilateral agreements as well as relevant multilateral agreements that govern the world's investment system. Attention is given to governance in the world of foreign direct investment ... -
Commentary on South Africa's position regarding equal pay for work of equal value: a comparative perspective
(University of the Western Cape, 2004)This paper compared the South African concepts of pay equity and equal pay for work of equal value with those of industrialised countries, including the United States, the United Kingdom, Australia and Canada. The study ... -
Outsourcing basic municipal services: policy, legislation and contracts
(University of the Western Cape, 2004)Municipalities in South Africa are increasingly outsourcing municipal services, including basic municipal services such as water and sanitation services and refuse collection and disposal. The Constitution places onerous ... -
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 ... -
The role and functions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) in land reform in South Africa
(University of the Western Cape, 2004)This thesis set out to determine the degree to which the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act is in line with the objectives of South Africa's land reform policy with regard to the promotion ... -
Traditional leadership in South Africa: a critical evaluation of the constitutional recognition of customary law and traditional leadership
(University of the Western Cape, 2004)The main objectives of this study were to identify the role that customary law and traditional leadership can play, without compromising their current positions or future recognition through legislation, in creating a ... -
The world trade organisation (WTO) and its dispute settlement system - political and legal implications for South Africa.
(University of the Western Cape, 2004)ln this mini thesis, I explore the new WTO Dispute Settlement System in relation to developing countries' and South Africa's access to this system. I argue that this new system, as a rule based system allows for greater ... -
From Yugoslavia to Sierra Leone: advantages and shortcomings of the ad-hoc tribunals and the hybrid courts
(University of the Western Cape, 2004)In this Mini thesis, I compare the advantages of the hybrid courts with the international ad-hoc tribunals, arguing that the potential of the hybrid courts to work successfully is much greater than that of the ad-hoc ...