Magister Legum - LLM (Public Law and Jurisprudence): Recent submissions
Now showing items 121-140 of 438
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The death penalty in Zimbabwe: a human rights perspective
(University of the Western Cape, 2014)There has been an ongoing debate on the abolishment of the death penalty in Zimbabwe. The public, non-governmental organisations and human rights activists need clarity as to the effectiveness, justification and purpose, ... -
The active and passive voting rights of convicted prisoners in South Africa and the United Kingdom
(University of the Western Cape, 2014)The purpose of this mini-thesis is to assess the present position regarding prisoner disenfranchisement in South Africa from a human rights perspective, and to recommend reforms of South African electoral legislation as ... -
“Tax evasion as a predicate offence for money laundering”
(University of the Western Cape, 2012)This paper discusses the progress of international anti-money laundering (AML) law with regard to making tax evasion a predicate offence for the crime of money laundering (ML). This paper will focus particularly on the ... -
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 ... -
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 ... -
Corrective rape of black African lesbians in South Africa: the realisation or oversight of a constitutional mandate?
(University of the Western Cape, 2012)In South Africa corrective rape is committed by African men as a form of social control to cure women of their homosexuality. The problem with corrective rape is that the victims of this crime are mainly black African ... -
A critical analysis of individual liability of councillors in South Africa
(University of the Western Cape, 2012)This study is about the individual liability of councillors in South Africa. It examines and analyses whether individual liability of councillors can serve as a bulwark against the abuse of decision-making power that is ... -
The impact of harmful customary practices in Africa: case of female genital mutilation in Somalia as a violation of human rights
(University of the Western Cape, 2012)This thesis sets out to examine the practice of Female Genital Mutilation/Cutting (FGM/C) in Somalia and its impact on women. The political instability in Somalia provides an opportunity for the increase of all forms of ... -
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 ... -
Global environmental governance: is there a need for a global environmental organisation?
(University of the Western Cape, 2014)In order to address the challenge of global environmental degradation and natural resource depletion, a complex and multi-layered environmental governance structure has materialised over the past few decades. There is ... -
The veto power to terminate provincial interventions in terms of section 139 (2)(B) and 139(3)(B) of the constitution
(University of the Western Cape, 2014)The study aims to detect the outcomes for provincial and local governments when the veto power was invoked. This in turn provides evidence based information on the extent to which the intergovernmental checks and balances ... -
Examining the parameters of the powers of the Minister of Local Government to issue policy directives to urban local authorities in Zimbabwe in terms of section 313 of the Urban Councils Act
(University of the Western Cape, 2014)This is a desktop based study which will analyse relevant books and chapters in books relating to supervision of local governments by national and other higher level governments. It will also examine legislation, journal ... -
A critical analysis of Zimbabwe’s legal response to traditional cultural practices and gender- based violence.
(University of the Western Cape, 2014)The aim of the study was to assess Zimbabwe‘s legal response to gender-based violence that can be to traditional cultural practices. First, most traditional cultural practices in Zimbabwe are discriminatory towards women ... -
Development assistance approaches in Cameroon: a comparison of the heavily indebted poor countries initiative and China’s white paper on foreign aid
(University of the Western Cape, 2014)This research acknowledges that although literature abounds on development assistance in general, not much has been published yet on Cameroon specifically. Therefore, this mini-thesis seeks to contribute to fill this gap. ... -
The protection of the environment during armed conflict: a case study of the Republic of Congo
(University of the Western Cape, 2014)The International Committee of the Red Cross/Crescent (ICRC) has been the only agency promoting the observance of the law of armed conflict. It has invested considerably in finding solutions to protecting people and regulates ... -
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 ... -
An analysis of the role of public - private partnerships in regional integration initiatives in Southern Africa
(University of the Western Cape, 2014)This research paper, therefore, will focus on (i) the challenges and opportunities presented by hard infrastructure and (ii) the potential scope of public-private partnerships in alleviating such challenges and responding ... -
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 ... -
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 ... -
Duress as a defence in international criminal law: from Nuremberg to article 31(1) (d) of the Rome statute of the international criminal court
(University of Western Cape, 2013)