Browsing Doctor Legum - LLD by Issue Date
Now showing items 21-40 of 106
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An analytical study of South African prison reform after 1994
(University of the Western Cape, 2012)The history of prison reform after 1994 was shaped by the relationship between governance and human rights standards; the requirements for both are set out in the Constitution and elaborated on in the Correctional Services ... -
An analytical study of South African prison reform after 1994
(University of the Western Cape, 2012)The history of prison reform after 1994 was shaped by the relationship between governance and human rights standards; the requirements for both are set out in the Constitution and elaborated on in the Correctional Services ... -
Assessing the implementation of the Convention on the Rights of the Child in Lusophone Africa (Angola and Mozambique)
(University of the Western Cape, 2012) -
Decentralisation, development and accommodation of ethnic minorities: the case of Ethiopia
(University of Western Cape, 2012)Decentralisation of political, financial, and administrative powers to sub-national units has been, and remains to be, a major trend in both developing and developed states. Very often decentralisation is not optional ... -
The legal regime for anti-cyberlaundering
(University of the Western Cape, 2012)Along with its inumerable wonders, the advent of the internet has brought with it very bad vices. The notion of convenience, which comes with the use of the internet, can be attributed to criminals who wish to disguise the ... -
The regional integration of African trade mark laws: challenges and possibilities
(University of the Western Cape, 2013)The need to harmonise laws in Africa has grown in importance in view of the envisaged African common market. Economic integration cannot flourish without an effective regional legal framework. There is fragmentation in ... -
The harmonisation of rules on the recognition and enforcement of foreign judgments in the Southern African Customs Union
(University of the Western Cape, 2013)The thesis considers the approaches followed by the European Union with the Brussels Regime, the federal system of the United States of America under the ‘full faith and credit clause’; the inter-state recognition scheme ... -
Devolution for development, conflict resolution, and limiting central power: an analysis of the constitution of Kenya 2010
(University of the Western Cape, 2013)State practice and literature suggest that devolution of power can address the main challenges of underdevelopment, internal conflict and abuse of centralised power in developing states. However, this thesis advances the ... -
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 ... -
Gacaca courts versus the international criminal tribunal for Rwanda and national courts: lessons to learn from the Rwandan justice approaches to genocide
(2013)The 20th century witnessed several wars and genocides worldwide. Notable examples include the Armenian and Jews genocides which took place during World War I and World War II respectively. The Rwandan genocide of 1994 is ... -
Contractual discretionary powers and the essentialia of price and rental in the South African law of sale and lease – a jurisprudential and comparative analysis
(2013)This thesis concerns the tension that exists between the principles of certainty and freedom of contract (which includes the notion of contractual discretionary powers) and how this tension impacts on the requirement that ... -
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 ... -
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 harmonisation of rules on the recognition and enforcement of foreign judgments in the southern African customs union
(University of the Western Cape, 2013)The Member States of the Southern African Customs Union (SACU) have set as their objectives, amongst others, the facilitation of cross-border movement of goods between the territories of the Member States and the promotion ... -
Decentralisation in Uganda : a critical review of its role in deepening democracy, facilitating development and accommodating diversity
(University of the Western Cape, 2014)Uganda, like many African countries in the 1990s, adopted decentralisation as a state reform measure after many years of civil strife and political conflicts, by transferring powers and functions to district councils. The ... -
Women’s rights and freedoms in Islamic jurisprudence pertaining to marriage and divorce: lessons for south Africa from Morocco and Tunisia?
(University of Western Cape, 2014)The objective of this doctoral thesis is essentially two-fold: first, it seeks to ascertain whether the rights and freedoms of Muslim women in the contexts of marriage and divorce are adequately protected in terms of Islamic ... -
The national implementation of international human rights law pertaining to children with disabilities in selected jurisdictions in Africa
(University of Western Cape, 2014)This thesis considers two jurisdictions, namely Malawi and South Africa, and attributes the problem to the lack of appropriate national implementation of the applicable human rights law by these states. Consequently, the ... -
The law and policy for provincial and local government in Zimbabwe: the potential to realise development, bulid democracy and sustain peace
(University of the Western Cape, 2014)The adoption of the 2013 Constitution of Zimbabwe heralded a new era with high expectations from ordinary citizens of Zimbabwe. Among other matters, the Constitution provides for a multilevel system of government with ... -
An interpretation of the constitutional framework for devolution in Kenya: a comparative approach.
(University of the Western Cape, 2014)Kenya adopted a new Constitution in 2010, with devolution of political power, responsibilities and resources to newly created counties as its centrepiece and most transformative aspect. Devolution was intended to address ... -
A critical assessment of the legitimacy of the international investment arbitration system: a call for reform
(University of the Western Cape, 2014)Currently most international investment disputes are settled through arbitration. The origin of this dispute settlement system can be associated with the recent proliferation of over 3000 Bilateral Investment Treaties. ...