Magister Philosophiae - MPhil (Law)
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Justifications for the use of force under contemporary international law - the Nato air strikes in Kosovo
(University of the Western Cape, 2000)The history of the territory known for the better part of the 20th century as Yugoslavia is a history of trying to amalgamate what nature seems determined to fragment - to "balkanise." Modern Yugoslavia arose after World ... -
The use of groundwater as an option for the realization of the right of access to basic water and sanitation in South Africa
(University of the Western Cape, 2004)The most contentious issue in the present South African Constitution is the realization of the rights entrenched therein. These rights are contentious because they are justifiable in their nature, subject to judicial ... -
An accused's rights of access to police dockets for bail hearings
(University of the Western Cape, 1998)Bail has always been a controversial and contentious topic m constitutional debate. The sensational coverage by the media of the failure by the criminal justice system to make use of the existing resources in preventing ... -
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 ... -
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 ... -
Collective bargaining, minimum labour standards and regulated flexibility in the South African clothing manufacturing sector: at the level of the national clothing bargaining council's Western Cape sub-chamber
(University of the Western Cape, 2006)In the context of a society in which there is an urgent need to create jobs, this research considers, firstly, whether the current labour regulatory environment is flexible enough to allow for an employment scenario that ... -
The role of digital platforms in promoting cartel competition law enforcement within the AFCFTA: A focus on data privacy
(University of the Western Cape, 2022)Competition law preserves market competitiveness by regulating anti-competitive conduct. Competition law enforcement requires high levels of data transparency and traceability. The traditional method of competition law ... -
The impact of foreign direct investment on the environment: A case study of the mining sector in Congo Brazzaville
(University of the Western Cape, 2023)The impact of foreign direct investment (FDI), national or local investment on the environment is experienced all around the world. In Indonesia, for instance, multinational companies’ production trends indicate that the ... -
The rights of children living with their incarcerated mothers in South African prisons
(University of the Western Cape, 2022)Children living in South African prisons with their incarcerated mothers continue to experience the harsh conditions experienced by their mothers when they were innocent. The Department of Correctional Services responsible ... -
The constitutional status and role of selected chapter 9 institutions
(University of the Western Cape, 2022)The centuries of colonialism and apartheid that preceded the democratic transition in South Africa were characterised by such large-scale violations of human rights that the United Nations declared apartheid an international ... -
The world trade organisation (WTO) and its dispute settlement system - political and legal implications for South Africa.
(University of the Western Cape, 2004)ln this mini thesis, I explore the new WTO Dispute Settlement System in relation to developing countries' and South Africa's access to this system. I argue that this new system, as a rule based system allows for greater ... -
Juvenile liability in armed conflicts: Determining the age of criminal responsibility for crimes relevant to International Humanitarian Law
(University of the Western Cape, 2022)International Law in general seems to saunter on the vague lines of the minimum age of criminal responsibility in armed conflicts. For example, in terms of International Human Rights Law (IHRL), as provided in the Geneva ... -
An appraisal of the anti-money laundering regime in Zimbabwe
(University of the Western Cape, 2021)Annually, money laundering costs global financial markets $2.5 trillion. Money laundering is especially problematic in that it results in a plethora of socioeconomic problems including poor economic performance and an ... -
The right to birth registration of foreign children in South Africa: A human rights perspective
(University of the Western Cape, 2021)International law explains the significance of the right to a birth certificate,1 birth registration and what it means to be a national of a specific state.2 International law also explains how important the right to birth ... -
A critical analysis of South Africa’s approach to the complementarity principle under the Rome statute of the ICC
(University of Western Cape, 2021)The Rome Statute established the International Criminal Court (the ICC) in July 2002 and South Africa was one of the first signatories. South Africa incorporated this statute into its domestic law by enacting the Implementation ... -
Rethinking bilateral investment treaties in Nigeria: The morocco-Nigeria bilateral investment treaty in view
(University of Western Cape, 2021)This study focuses on Re-thinking Bilateral Investment Treaties in Nigeria: The Morocco-Nigeria BIT in view. Two countries, Morocco and Nigeria, signing BITs commit themselves to several specific standards on the treatment ...