Browsing Magister Legum - LLM (Public Law and Jurisprudence) by Title
Now showing items 29-48 of 436
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The anticipated impact of GATS on the financial service industry in Africa
(University of the Western Cape, 2007)This study was on the anticipated impact of GATS on the financial services industry in Africa. The paper examined the possible positive and negative impact of the GATS agreement on the financial services industry in the ... -
Application of prescribed minimum sentencing legislation on juvenile offenders in South Africa
(University of the Western Cape, 2005)The detention of juvenile offenders is not encouraged by both the Constitution and a number of international instruments. This right is entrenched in the South African Constitution (section 28(1)(g) ) which provides that ... -
The art of counting fish: An analysis of the potential regulation of marine fisheries in areas beyond national jurisdiction
(University of the Western Cape, 2022)The 1982 United Nations Convention on the Law of the Sea (1982 UNCLOS) is ineffective in ensuring the conservation and long-term sustainability of marine fisheries in Areas beyond national Jurisdiction (ABNJ). This is a ... -
Assessing the constitutionality of section 56A of the Local Government: Municipal Systems Amendment Act, 2011 (Act 7 of 2011)
(University of the Western Cape, 2018)In the South African local government context, municipalities are operationally governed through two arms: the political arm and the administrative arm. Both arms work simultaneously in ensuring that the municipality ... -
Assessing the right to physical access to justice, for persons with disabilities
(University of the Western Cape, 2017)Access to justice for persons with disabilities is specifically safeguarded in a number of international conventions, standards and recommendations. The Rights of Persons with Disabilities to access to justice is explicitly ... -
An assessment of South Africa's obligations under the United Nations Convention against torture
(University of the Western Cape, 2010)I attempt to analyze South Africa's legal position pertaining to torture, in relation to the international legal framework. Since it has been established that torture and cruel inhuman and degrading treatment (CIDT) usually ... -
An assessment of the adequacy of the present legal regime for the conservation of wetlands and estuaries in South Africa
(University of the Western Cape, 2011)Very little protection has been afforded to wetlands1 and estuaries within the South African legislative framework.2 These ecosystems are extremely important and valuable to mankind, the flora and fauna.3 The continued ... -
An Assessment of the application of the Sanitary and phytosanitary agreement of the WTO and its impact on International Trade: A Sub-Saharan perspective
(University of the Western Cape, 2006)A lot of work has been done regart=ding the SPS agreement and its impact on iternational trade, though not so connclusive. The study, however, is going to deal specifically with an impact of the SPS agreement to the SSA ... -
Assessment of the development of victims' rights within the legislative and policy framework in South Africa
(University of the Western Cape, 2009)This study assesses the development ofvictims' rights in the legislative and policy framework in South Africa. It is argued that although victims' rights are recognised more has to be done to concretise these rights. -
Bail and the presumption of innocence: a critical analysis of section 60(1-1) of the criminal procedure Act 51 of 1977 as amended
(UWC, 2012)In South Africa, as in most jurisdictions, the presumption of innocence is a guaranteed constitutional right. The rationale of the presumption lies in the protection which it offers, since a person charged with a criminal ... -
Balancing domestic regulation and trade liberalisation under the World Trade Organisational's multilateral rules on trade in services: a look at South Africa's telecommunications sector
(University of the Western Cape, 2008)The aim of this work is to analyse the current provisions on domestic regulation contained in the GATS, as well as to examine the negotiations on future disciplines currently being worked on by WTO members. In particular ... -
Benefit sharing from traditional knowledge and intellectual property rights in Africa: "an analysis of international regulations"
(University of the Western Cape, 2007)This thesis was written in the contemplation of the idea that, it is only through protection of the traditional knowledge in African local societies where these societies can rip the benefit of its commercialization and ... -
Black economic empowerment: a study of recommendation by the Black Economic Commission and the practical effects of the application thereof relative to similar experiences in other developing countries
(University of the Western Cape, 2005)The market value of Black Economic Empowerment (BEE) companies listed on the JSE Securities Exchange (JSE) has fallen to only 2% of the overall market capitalisation of the JSE. Many BEE companies have disappeared from the ... -
Breaking to build: decentralization as an efficient mechanism for achieving national unity in Cameroon
(University of the Western Cape, 2010)Governing an ethnically diverse country constitutes a major challenge for state power and government in Cameroon. The call for national unity, championed by the regime in power has had to survive strong demands for greater ... -
Bring back our girls: A human rights analysis of child abductions by Boko Haram
(University of the Western Cape, 2018)As the world evolves new perils emerge which pose a significant threat to human and child rights, it is imperative that the protection of these rights is prioritised. Human rights can be defined as the rights that every ...