Faculty of Law: Recent submissions
Now showing items 81-100 of 931
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Exorcising the antiquity spirit of intolerance : possibilities and dilemmas of decriminalizing sodomy laws in Uganda
(UWC, 2007)This dissertation proposes various methods to decriminalize same-sex sexual intercourse as an offense in Uganda. Chapter One introduces the problem of the sodomy laws and how it has recently taken center stage in the ... -
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 ... -
Trade and development in the WTO: special and differential treatment for developing countries in the WTO
(University of the Western Cape, 2000)The integration of developing countries into the multilateral trade system has greatly evolved over the last fifty years, as has the thinking about the nature of trade policies appropriate for development. The purpose ... -
The principle of universal jurisdiction as a tool of international criminal justice: challenges for Africa
(University of the Western Cape, 2003)The subject of universal jurisdiction is of great relevance to all who work for human rights. I regard the search for ways to end impunity in the cause of gross violations of human rights as an essential part of the work ... -
Defining the limits of parliament's powers to intervene in the Exclusive provincial schedule 5 competences in terms of section 44(21of the constitution of south africa act, act no.108 of 1996, With reference to the liquor bill case
(UWC, 2000)Constitutional law prescribes how power is exercised by the different branches of government and organs of state. ln a federal state or a unitary state in which there is a devolution of power to the regions, the allocation ... -
The right of access to information: The Constitutionality of the promotion of access to information bill
(2000)The Constitution of the Republic of South Africa ("the Constitution") as well as its precursor ("the interim Constitution") 2entrench the right of access to information. ln the Constitution the right of access to information ... -
The right to privacy and the challenge of modern cell phone technology
(University of the Western Cape, 2004)Privacy has been defined as a state in which one is not observed or disturbed by others and to have freedom from public attention. A person's right to privacy entails that such a person should have control over his or ... -
A critical evaluation of some of the legal implications of the "war on Terror'' in international humanitarian law.
(University of the Western Cape, 2007)It would have been ideal to begin a mini-thesis of this nature with a definition of the term terrorism. This approach will however not be taken for three reasons. Firstly, there are disagreements inherent in the definition ... -
The international criminal court and the principle of complementarity: a comparison of The situation in the democratic republic of the congo and the situation in darfur
(University of The Western Cape, 2008)The purpose of the lnternational Criminal Court (ICC) is to investigate, prosecute and purush the most serious crimes of international concern. These crimes are genocide, war crimes, crimes against humanity and the crime ... -
The protection of children from exploitative labour within SADC :Human rights challenges of the regional integration initiative
(University of the Western Cape, 2002)Childhood is a time for play, for growth, and for discovery. Sadly, for many of the world's children, the reality is different. They are denied their childhood and with it, their opportunity to develop. They are denied ... -
WWIII? war on women continues!
(University of the Western Cape, 2003)ln the course of this research paper incidence of sexual slavery, sexual violence and rape during times of war will be examined. The incidence where systematic rape is seen as a weapon of war designed to exterminate a ... -
The limitation of fundamental rights
(University of the Western Cape, 1999)South Africa's new Constitution has been hailed as one of the most democratic and sophisticated in history, surpassing even the Constitutions of many first world countries. Of paramount importance in the Constitution is ... -
Making the rights of poor people practical in Malawi through a rights based approach to development
(University of the Western Cape, 2001)This thesis tackles the issue of human rights and poverty in the context of Malawi. Our main concern is to find ways of how to make human rights practical for poor people in Malawi through a human rights-based approach to ... -
A critical analysis of legislation and policy pertaining to waste management and the control of pollution caused by waste in urban and industrial areas in South Africa
(University of the Western Cape, 2003)The central problem of my research is on how pollution and waste can be controlled and managed in urban and industrial areas. This is worthy of study because if the above said problem is not studied in order to be properly ... -
The debate on sexual minority rights in Africa: A comparative analysis of the situation in South Africa, Uganda, Malawi and Botswana'
(University of the Western Cape, 2010)Gays, lesbians,2 and laws that criminalise homosexuality3 in Africa have been the subject of heated public debate in recent times.a Criminalisation and attempts at re-criminalisation of homosexuality in some African ... -
The exceptions to patent rights under the WTO-TRIPS agreement : where is the right to health guaranteed?
(University of the Western Cape, 2002)Health as the world affirmed in the Universal Declaration of Human Rights more than fifty years ago, is a fundamental human right and an indispensable component of development under any economic policy model.2 Poverty in ... -
A reevaluation on international law and policy related to the quantification of environmental harm
(University of the Western Cape, 2003)The doctrine of quantification of environmental damage is one of the most highly contested aspects of international law and also national policy. In the context of environmental law, there are various questions that are ... -
An analysis of the expanded mandate of local government under Covid-19
(University of the Western Cape, 2021)The Constitution places municipalities at the forefront of service delivery in South Africa. This can be discovered from a perusal of section 152(1)(b) of the Constitution, which provides that one of the objects of local ... -
From Yugoslavia to Sierra Leone: advantages and shortcomings of the ad-hoc tribunals and the hybrid courts
(University of the Western Cape, 2004)In this Mini thesis, I compare the advantages of the hybrid courts with the international ad-hoc tribunals, arguing that the potential of the hybrid courts to work successfully is much greater than that of the ad-hoc ... -
Justice, truth and reconciliation under Rwandan domestic courts: specific reference to the Gacaca courts
(University of the Western Cape, 2001)lmmediately after the 1994 genocide in Rwanda, the government of national unity faced the onerous task of reconstructing a country laid desolate by the forces of genocide.The infrastructure was destroyed, and human resources ...