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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 ...