Department of Private Law
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The Department of Private Law provides the foundation stone on which the entire edifice of the law stands. The Department continues to fulfil this role at undergraduate level and is continually expanding the range of its post-graduate offerings.
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A surrogate mother’s post-birth contact with the family formed through surrogacy: a missed opportunity for South Africa or opening pandora’s box?
(University of the Western Cape, 2023)This dissertation assesses the suitability of South Africa’s current framework on post-birth contact in surrogacy law and explores whether it adequately protects the interests of all parties to the surrogacy agreement. ... -
A critical analysis of bilateral (dual) marriages in Zambia
(University of the Western Cape, 2023)In the Zambian context, marriage is one concept that has more than one definition This is because marriage can be legally contracted under two laws namely African customary law and statutory law. The former is potentially ... -
The Pan-African parliament : its promise for human rights and democracy in Africa
(University of the Western Cape, 2006)Since the transition of the Organisation for African Unity (OAU) to the African Union (AU) there has been a notable shift in the way the organisation addresses human rights and democratisation. Particularly the OAU had ... -
Making non-state actors accountable for violations of economic rights: a case study of transnational corporations in the African context
(University of the Western Cape, 2002)The development of a common standard for holding governments accountable for human rights violations represented by international human rights law (IHRL) has been one of the major achievements of international law. ... -
The African charter on the rights and welfare of the child
(University of the Western Cape, 2002)So far little is known about the first comprehensive regional children's rights charter, the 1990 OA1J African Charter on the Rights and Welfare of the Child.' Th" Charter has been mentioned occasionally by documents and ... -
lnterrogating the competence of the African Court of Justice and Human Rights to review the African Union Assembly's decisions for compliance with human rights
(University of Western Cape, 2010)Globalisation and the transfer of powers from state constitutional systems to international organisations (lOs) have led to several deficiencies, especially with regard to checks and balances in global governance.l The ... -
United Nations peacekeeping and international humanitarian law
(UWC, 2002)The end of the Cold War created the expectation that the international community will be able to deal with any challenges to international peace and security more effectively. However, these expectations were dispelled, ... -
The possible impact of the international criminal court on human rights in Africa
(UWC, 2001)The cruelty and horrors of World War ll were historic in shaping the new world order. The international protection of human rights then gained eminence following the establishment of the Nuremberg and Tokyo international ... -
Workplace bullying: An evaluation of the legal framework on workplace bullying in South Africa: Need for reform
(University of the Western Cape, 2022)Workplace bullying is often associated with negative acts such as harassment, discrimination and victimisation,1 which is the reason that legal certainty is required, for protection against such conduct. Consequently, ... -
Judicial balancing of cultural relativism and universalism of human rights in post-Apartheid South Africa
(University of the Western Cape, 2022)Globalisation did not only bring about major political, social and economic changes; it also strengthened the global reach of universalism of human rights. The concept of universal human rights is presently reconstructing ... -
Balancing emancipatory legal pluralism and cultural relativism
(University of the Western Cape, 2022)The concept of legal pluralism receives tremendous attention in sub-Saharan Africa. Notably, this attention arises because of the domineering tendency displayed by transplanted European legal orders now known as state ... -
An analysis of the ‘likelihood of confusion’ test in the South African trademark law
(University of the Western Cape, 2022)This section contains an overview of trademarks and the objective is to provide background information to the discussion. Trademark law is a creature of statute except for the law of passing-off which comes from common ... -
Examining the South African competition law enforcement institutional framework: Lessons for Sierra Leone
(University of Western Cape, 2021)Trade liberalisation, free-market system, privatisation and deregulation have become major steps taken by individual countries to accelerate economic growth. This trend has made competition law and its enforcement institutional ... -
Feminist approach to Ukuzila custom under the new South African constitutional dispensation
(University of the Western Cape, 2021)This study sought to investigate how the ukuzila practice violates women’s constitutional rights, and how can ukuzila custom be aligned with the constitutional values of gender equality. A qualitative research approach was ... -
Prospects of formal regional stock exchange in the East African community: legal and regulatory considerations
(2021)The East African Community (EAC) is among the eight regional economic communities recognised under the platform of the African Union.1 What has transformed to become the EAC was initially founded in 1967 with the name ... -
Examining the link between economic development and the enforcement of socio-economic rights in Africa: A case study of South Africa and Nigeria
(University of Western Cape, 2021)This year marks 57 years since Organisation of African Unity (OAU) was formed on 25 May 1963 in Addis Ababa, Ethiopia. This year also marks 18 years since the African Union (AU) was formed on 9 July 2002 in Durban, South ... -
Counteracting the misuse and abuse of subsidies and SPS measures in the EU and USA: Solutions for South Africa
(University of the Western Cape, 2014)It has been held that agricultural domestic support would not be such a contentious issue if its only effect was the benefit of local farmers, but this is not the case.1 It was found that several forms of domestic support ... -
A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa.
(University of the Western Cape, 2020)The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide ... -
A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa
(University of the Western Cape, 2020)The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide ... -
An overview of the regulation and management of cryptocurrency in South African inter vivos and testamentary trusts.
(University of the Western Cape, 2021)Our lives, work, and behaviour have been changed both positively and negatively by the digital presence that has grown tremendously over the last three decades, and with this exponential growth, we cannot predict where we ...
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