Browsing Department of Mercantile and Labour Law by Issue Date
Now showing items 61-80 of 143
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The Status of Digital Rights Management in South African Law
(University of the Western Cape, 2017)It is justifiable for the holder of copyright to be entitled to its protection and to be granted the exclusive right to profit from their innovation, and this is the basis for the development of laws promoting intellectual ... -
Towards the effective utilisation of trade-related aspects of intellectual property rights flexibilities to improve access to essential medicines in Ghana
(University of the Western Cape, 2018)Access to medicines is an essential component of the basic human right to health and a key determinant of the importance attached to the health care system of a country. It essentially entails the availability and acceptability ... -
Re-thinking the corporate social responsibility regulatory framework in South Africa
(University of the Western Cape, 2018)Corporate governance is a principle that has had multiple evolving definitions. The Cadbury Report (also known as Financial Aspects of Corporate Governance) of 1992 is a report that sets out recommendations for best practice ... -
The effect of the partial codification of the common law duties of directors in the companies Act 71 of 2008 on the liability of directors
(University of the Western Cape, 2018)The global financial crisis resulted in a corporate collapse in different parts of the world. The global financial crisis was caused by poor governance. Consequently many countries, including South Africa, began to place ... -
Regulating third party funding in arbitrations help within South Africa
(University of the Western Cape, 2018)The decision by countries to relax the common law doctrines of maintenance and champerty to accommodate Third Party Funding (TPF) in dispute resolution has sparked a worldwide debate. The controversial practice of funding ... -
Towards effective Multilateral protection of traditional knowledge within the global intellectual property framework
(University of the Western Cape, 2018)Traditional Knowledge (TK) has previously been considered a 'subject' in the public domain, unworthy of legal protection. However, the last few decades have witnessed increased discussions on the need to protect the knowledge ... -
Access to essential medicines in East Africa: A review of East Africa community and its member states approach to WTO-TRIPS public health flexibilities
(University of the Western Cape, 2018)Magister Legum - LLM (Mercantile and Labour Law) -
Effects of multiple trade unions in public institutions of South Africa: The case of Ekurhuleni East Technical and Vocational Education and Training College
(University of the Western Cape, 2019)The power and influence of unions in South Africa is often associated with creating maximum beneficiation for their members. This is based on their ability to, among other things, mobilise industrial action and represent ... -
Evaluating the enforcement of World Trade Organisation dispute settlement decisions
(University of Western Cape, 2019)The World Trade Organisation (WTO) deals with regulation of trade in goods, services and intellectual property between participating countries by providing a framework for negotiating trade agreements.1 Furthermore, it ... -
Evaluating the legal framework of the hybrid court for South Sudan
(University of the Western Cape, 2019)The Republic of South Sudan became independent from the Republic of Sudan on 9 July 2011. South Sudan has an area of 644, 329 km2 and a total estimated population of around 12, 6 million.1The original state of Sudan was ... -
Cryptocurrency intermediation in Africa: towards a regulatory framework for cryptocurrency intermediaries
(University of the Western Cape, 2019)There is a lot of speculation regarding potential benefits that the adoption of cryptocurrency use and cryptocurrency intermediation may have for the African continent due to the macro-economic instability of African ... -
A revised role of good faith in the law of contract and employment contracts
(University of the Western Cape, 2019)Good faith is an open ended concept which refers to fair and honest dealings. The function of this concept is to give expression to the community’s sense of what is fair, just and reasonable. The concept of good faith has ... -
Corporate criminal liability in South Africa
(University of the Western Cape, 2019)Criminal law defines certain standards of human behaviour as crimes, which is inherently linked to culpability and requires proof of an accused's mental state and is enforced through a system of state punishment. As a ... -
Consumer protection in the Kenyan financial sector: A case for a Twin Peaks model of financial regulation
(University of the Western Cape, 2019)The dynamic character of the financial services industry necessitates frequent appraisal of the regulation of the sector. The main objectives for regulation of the financial sector include financial stability, promotion ... -
Developing a sound legal and regulatory framework for special economic zones in Malawi
(University of the Western Cape, 2019)Export Processing Zones (“EPZs”) were introduced in Malawi in 1995. EPZs are one of several types of Special Economic Zones (“SEZs”). The legal and regulatory framework for the Malawi EPZs was established by the Export ... -
The importance of Bilateral Investment Treaties in relation to the protection and promotion of investment in Africa
(University of the Western Cape, 2019)There is a growing concern around new patterns of negotiating international investment agreements vis-a-vis the recent withdrawals from Bilateral Investment Treaties (BITs) by developing countries. In recent times, the ... -
Transfer and liquidation: A critical analysis of the transfer of shares during the process of liquidation and an analysis of Sections 8(2)(b), 15(6) and schedule 5 of the Companies Act 71 of 2008
(University of the Western Cape, 2019)In corporate law, the transfer of shares plays an important role and until the case of Smuts v Booyens; Markplaas (Edms) Bpk v Booyens 2001 (4) SA [SCA] courts were not always clear on the meaning of ‘transfer’. What ... -
A critical analysis of the impact of Brexit on the SADC-EU EPA
(University of the Western Cape, 2019)The United Kingdom (UK) is one of the largest Member states within the European Union (EU) that receive export goods from developing countries. The UK has successfully voted to exit the EU through a referendum and this ... -
The utility of King IV Principles on Corporate Governance in improving the state of accountability in local government.
(University of the Western Cape, 2019)Local government is often described as the cornerstone of democratic government and it is the level or sphere of government that is physically closest to the people.1 As a result, local government tends to have the most ... -
Alternative dispute resolution in the BRICS nations: A comparative labour law perspective
(University of the Western Cape, 2019)Alternative dispute resolution refers to forms of dispute resolution, other than traditional and formal court based litigation. A notable benefit of alternative dispute resolution is that different processes are available ...