Browsing Doctor Legum - LLD by Title
Now showing items 84-103 of 106
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The role of international human rights law in guiding the interpretation of women's right to be free from violence under the South African constitution
(University of the Western Cape, 2010)The thesis firstly looks at how women's right to freedom from violence has developed in international (global) human rights law since the early 1990s. In this regard, the study finds that while the issue of violence against ... -
The role of international law in juvenile justice Reform in south africa
(UWC, 2001)This t hesis w ill seek to trace and to analyse the impact of international chi ldren's rights law upon the process of juvenile justice reform in South Africa during the past decade. As documented more fully in Chapter 2 ... -
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 ... -
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 ... -
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. ... -
The situs of the registered trade mark right in South African law considered in the light of parallel importation
(University of the Western Cape, 2007)National trade mark registers exist in most jurisdictions around the world despite the demands of international trade in the global economy', the global economy being reputed to abhor all barriers to trade such as those ... -
The South African law of trusts with a view to legislative reform
(University of the Western Cape., 2016)More than twenty years have passed since the Trust Property Control Act 57 of 1988 came into operation. Although the Act provided context, clarity and regulation in certain areas of trust law, it is apparent that there ... -
Sustainable Development Goal 6: A watershed moment for ensuring sustainable freshwater development and management?
(University of the Western Cape, 2018)Water is at the very core of sustainable development, critical for a thriving people, planet and prosperity. Water is regarded as a public good which is fundamental for health and life. Water is so important that it was ... -
The Impact of South African Law on the Islamic Law of Succession
(University of the Western Cape, 2018)South African Muslims constitute a religious minority group that is subject to dual legal systems. In the public sphere they are bound by South African law whereas in the private sphere are duty bound in terms of their ... -
The regionalisation of international criminal justice in Africa
(University of the Western Cape, 2017)This study was undertaken under the South African-German Centre for Transnational Criminal Justice, University of the Western Cape (UWC), South Africa and Humboldt Universitat zu Berlin, Germany. The Centre provided a ... -
The Right to Health Care of Terminally Ill Inmates in South Africa
(University of the Western Cape, 2018)In South Africa, prison authorities are not primarily concerned with the health of the prison population. This is evidenced by inter alia: the vast number of complaints regarding health care received by the Judicial ... -
The Social Obligation Norm as the Framework for Land Restitution in South Africa
(University of the Western Cape, 2017)This research project proposes that the social-obligation norm of ownership should be adopted as the ethic on which land restitution is carried out in South Africa. While there exists a subtle and indirect appreciation of ... -
The Transformation of local government service delivery in South Africa: The failures and limits of legislating new public management
(University of the Western Cape, 2017)Apartheid local government failed to deliver services to the people of South Africa. Instead, it created huge spatial/settlement distortions, economic disparities, skewed urban economic logic, and massive service and ... -
Towards an effective protection for independent adolescent migrants in Africa
(University of Western Cape, 2019)Every year approximately 33 million children leave their home countries and cross international borders seeking refuge from war, instability, ethnic conflicts, natural and man-made disasters, and extreme poverty. Among ... -
Towards binding economic, social and cultural rights obligations of non-state actors in international and domestic law: a critical survey of emerging norms
(University of the Western Cape, 2005)This study argued that the issue of non-state actors requires a comprehensive response that includes the recognition of both non-binding and binding human rights obligations of these actors. It examined critically the ... -
Ubuntu and the South African Law of Contract with particular reference to the common law Contract of Employment
(University of the Western Cape, 2022)The concept of ubuntu has exercised the minds of many philosophers and jurists in recent times. This arises from the fact that the concept has many facets to it – etymological, linguistic, ethical and juridical – all of ... -
Understanding kinship care of children in Africa: a family environment or an alternative care option?
(University of Western Cape, 2013)In Africa generally, orphaned and vulnerable children are traditionally cared for by their relatives or close family friends; this is an abiding practice even in contemporary times. This was historically considered to be ... -
Universal jurisdiction in respect of international crimes : theory and practice in Africa
(University of the Western Cape, 2015)The crimes of genocide, war crimes and crimes against humanity are customary international law crimes. The African continent has experienced quite a number of cases involving these crimes, and the continent's ability and ... -
Women's access to land in Uganda
(University of the Western Cape, 2022)The thesis analysed the Ugandan policy and legal framework on women’s land rights vis-à-vis the regional and international legal and policy framework, to identify the gaps, progress and the way forward. Four objectives ...