Browsing Magister Legum - LLM (Public Law and Jurisprudence) by Title
Now showing items 219-238 of 436
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Incapacity, disability and dismissal : the implications for South African labour jurisprudence
(University of the Western Cape, 2010)Disability in South African labour law is reduced to incapacity. An evaluation of disability and incapacity was made to advocate a clear conceptual break between the two concepts. Also, that disability should be grounded ... -
Inclusion by exclusion? an assessment on justiciability of socio-economic rights under the 2005 interim national constitution of the sudan
(University of the Western Cape, 2008)This research is an attempt to ascertain whether or not socio-economic rights provided for in the International Covenant on Economic, Social and Cultural Rights(CESCR), ( and by implication all other international human ... -
Inconsistency in the implementation of the responsibility to protect during humanitarian crises: the case of Libya and Sudan.
(University of the Western Cape, 2014)The aim of this mini-thesis is to examine the inconsistency in the implementation of the responsibility to protect (RTP) principle during armed conflicts with specific focus on the case of Libya and Darfur. Furthermore the ... -
The incorporation of competition policy in the New Economic Partnership Agreement and its impact on regional integration in the Central African sub-region (CEMAC)
(University of the Western Cape, 2010) -
Intellectual property, entrepreneurship and the music industry: a new ray of hope for enhancing African international trade capacity? A South African case study
(University of the Western Cape, 2005)This thesis aimed to examine the prevailing international intellectual property regime as embodied especially in the TRIPS Agreement, for purposes of outlining some of the criticisms levelled against it especially by the ... -
Interaction between international free trade and environmental protection: the continued search for balance
(University of the Western Cape, 2007)There is an existing conflict between trade and environmental policies. There are different opinions and attitudes in the relation between free trade and environmental protection. Free trade regards environmental factors ... -
The interaction between trade and climate change law and policy : from potential conflict to mutual supportiveness
(University of the Western Cape, 2012)Trade and climate change intersect in many ways. Aside from the broad debate as to whether economic growth and trade adversely affect the environment, linkages are recognized between existing rules of the World Trade ... -
International and selected national law on bioprospecting and the protection of traditional knowledge
(University of the Western Cape, 2006)This thesis discussed the subjects of bioprospecting and the protection of traditional knowledge. At first the international approach to the subjects was elaborately discussed. The focus was on the respective provisions ... -
An international arbitration act for South Africa
(University of the Western Cape, 2005)When South Africa emerged from the era of isolation in 1994, it was faced with the fact that many of its laws relevant in the field of international trade and investment were outdated and inadequate. An obvious example is ... -
International criminal court Proprio motu intervention where a truth commission exists: the Kenyan situation
(University of the Western Cape, 2010)Kenya’s December 2007 Presidential elections sparked a wave of violent clashes over allegations of election rigging. The protests broke out along ethnic lines, causing greater civil unrest. There have been allegations that ... -
International labour standards and international trade :can the two be linked?
(University of the Western Cape, 2005)In this paper I delve into the connection between trade policy and labour rights as probably one of the most controversial issues, which the international trading system is faced with today. Labour laws differ from country ... -
The international mechanisms relating to mutual assistance in the field of information exchange and civil forfeiture
(2009)Several international instruments relating to the forfeiture of assets derived through unlawful means have been developed in the last decade. These relate to both civil and criminal forfeiture proceedings. Nevertheless, ... -
International trade rules: a case of imperialism at work?
(University of the Western Cape, 2005)This study explored whether there is an inherent inequitable nature of the liberalization process with respect to the World Trade Organization Agreements, namely TRIMs (Trade-related Investment Measures), TRIPS (Agreement ... -
Investigating the conflict between freedom of religion and Freedom of expression under the South African constitution
(University of the Western Cape, 2012)This mini-thesis is based on the presumption that the Danish cartoons and the anti-Muslim clip posted on YouTube as forms of expression, ridiculed the religious beliefs and practices of Muslims which in turn affected the ... -
Investigating the minimum age of criminal responsibility in African legal systems
(University of the Western Cape, 2008)The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. ... -
Kenya's implementation of the smuggling protocol in response to the irregular movement of migrants from Ethiopia and Somalia
(University of the Western Cape, 2012) -
Kenya’s devolution implementation: emerging issues in the relationship between senate and county governments
(University of the Western Cape, 2014)Tensions have arisen in Kenya’s devolved system between the Senate - the body representing the sub-national units at the national level and the county governors. The magnitude of the problem is such that it has motivated ...