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The enforceability of international surrogacy in South Africa : how would a South African court proceed in determining an international surrogacy case?
(University of the Western Cape, 2016)
In this research, I sought to investigate the extent to which South Africa recognises
international surrogacy agreements. I examined Chapter 19 of the Children's Act as the first legislation to afford surrogate motherhood ...
A critical analysis of the demobilisation, disarmament, reintegration and rehabilitation in relation to child soldiers in the Democratic Republic of Congo
(University of the Western Cape, 2017)
In many countries around the world, approximately 230 million children are living in countries affected by armed conflict. 15 million of them were caught up, in various parts of Africa, in violent conflicts. Some of the ...
The application of the business judgment rule in fundamental transactions and insolvent trading in South Africa: foreign precedents and local choices
(University of the Western Cape, 2016)
The so called business judgment rule (hereinafter referred to as ―the BJR or the rule‖) that serves to protect directors from liability for negative consequences of honest, reasonable business decisions that went wrong, ...
An Analysis of the Critical Shortcomings in South Africa’s Anti-Money Laundering Legislation
(University of the Western Cape, 2017)
From failing to arrest and surrender Sudanese President Omar Al-Bashir1 in accordance with its obligations under the Rome Statute of the International Criminal Court2 (Rome Statute), to its President acting inconsistently ...
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 ...
An analysis of the role of public - private partnerships in regional integration initiatives in Southern Africa
(University of the Western Cape, 2014)
This research paper, therefore, will focus on (i) the challenges and opportunities presented by hard infrastructure and (ii) the potential scope of public-private partnerships in alleviating such challenges and responding ...
Regional integration of financial services regulation and supervision in the Southern African Development Community
(University of the Western Cape, 2015)
The purpose of this research is to examine the legal and institutional framework of financial services supervision and regulation in SADC. In doing so the study will probe the various models of financial services regulation ...
Developing a regional competition regulatory framework in the Southern African Development Community (SADC)
(University of the Western Cape, 2015)
This study aims to evaluate the prospective benefits and challenges of developing a
regional competition regulatory framework in SADC. Further, the study seeks to
identify important lessons from the EU and COMESA that ...
The Reform of Namibia’s Cross-Border Insolvency Framework
(University of the Western Cape, 2015)
This paper argues that there is a need for an improved cross-border insolvency regime as the common law principles applied in Namibia are outdated and thus ill-equipped to deal with present-day complex issues of cross-border ...
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 ...