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Showing 1 to 20 of 24 for “"Advanced Legal Studies"”.
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Protecting the environment using the GATT Article XX: chasing shadows
Economic development is at the heart of the World Trade Organisation There is little doubt that trade liberalisation has had some positive effects on the global economy. However, there is considerable agreement on the fact that economic growth may also co me at the expense of environmental …
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When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights
… difficult question that must be answered by all legal systems which have accepted human rights as binding upon their law. To answer this question a State has to make fundamental ideological decisions, both as to its role in society and the individual citizen's right to self-autonomy. Is law to be …
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International Legal Consequences of the Construction of a Barrier by Israel in the West Bank
… Court of Justice in The Hague on the legal consequences of Israel's construction of a 'Barrier' between itself and the West Bank and East Jerusalem. 1 The Secretary General of the United Nations transmitted the request for the advisory opinion to the Court in a letter dated December 8, …
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An analysis of the approach adopted by the South African Constitutional Court to the right to equality and non-discrimination in the five decisions concerning section 8 of the interim Constitution compared to the approach adopted by the Belgian Court of Arbitration
Since time immemorial, equality is a concept which has been the subject of philosophical debate and political contest. Today, democratic society proclaims itself to be committed to the values of openness, democracy, freedom and equality. In South Africa and in Belgium, equality is a fundamental …
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Public Interest Environmental Litigation: A Comparative Study of Locus Standi Requirements in South Africa and Zambia
… environmental rights and the liberalisation of legal standing requirements occurred in South Africa with the enactment of the interim democratic constitution of 1994 which eventually progressed into the final constitution of 1996. Zambia only legislated environmental rights and liberalised the …
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The effect of stronger intellectual property protection on technological innovation in developing countries: the case of Lesotho
Intellectual property (IP) is one of the legal subjects which is increasingly receiving attention, but about which little is generally known outside specialised legal circles. 1 This is because IP in itself has always been an integral part of the general economic social and cultural development …
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The public policy exception to the enforcement of foreign arbitral awards under the New York convention
Commercial arbitration is one of the most commonly used methods of resolving disputes in the international business arena. The attributes of arbitration that provide an impetus for growth are multivariate. This includes party autonomy, speed, economy, the pool of available arbitrators, consistency, …
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Liability for animals a comparative study: south African and German law
The field of' Liability for Animals' appears at first sight to be only of minor interest to academics. This, however, is a false syllogism as incidents involving animals are frequent, and courts constantly deal with claims regarding damages for injuries caused by animals. Indeed, in many countries …
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Examining copyright infringement and liability in Generative Artificial Intelligence training and use: a legal perspective in South Africa and beyond
Once again, humanity has welcomed technological advancement, this time around artificial intelligence, with mixed reactions. The creative industry is no exception to this rapidly evolving technology, with generative AI (genAI) deepening its claws in the creative industry. What lies within the …
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The law of defamation - a comparison between the South African, the Canadian and the German legal systems
… law of defamation and will analyse some specific legal problems that arise in all of the aforementioned legal systems. Therefore, the thesis begins with an analysis of the ambit of the law of defamation in the three different legal systems and examines the similarities and the differences. The …
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The impact of offshore oil and gas exploitation on the marine environment and its regulations under selected national regimes
Despite the numerous advantages accrued from the exploitation of oil and gas worldwide, the repercussion of its activities on the marine environment has put the entire world under panic about the future of our beloved planet. Political leaders from both developed and developing countries through …
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From litigation to arbitration: promoting international commercial arbitration through harmonisation in the East African community
… development. It argues that there is a need for legal reform of the old arbitration legislation in the region. Furthermore, it posits that adopting a uniform statute on international commercial arbitration is essential to achieving the economic goals of the East African Community.
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A comparative study of selected aspects of corporate liability of directors under Swiss and South African law
… with liability of directors and then compare the legal situation in Switzerland with the legal situation in South Africa. As the analysis of the whole corporate liability issue would go beyond the scope of this dissertation I will focus on Article 754 of the Swiss Code of Obligations (organ …
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'Insider trading regulation': to be or not to be?
Insider trading may be defined as the act of trading in company securities by persons often referred to as insiders who by virtue of their relationship to the company, possess some information, not available to the public, but material to the securities concerned. For instance, insider trading …
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Do indigenous peoples have the right to self-determination? If so what does the right contain?
The problem of indigenous peoples goes back a long way in history. In a sense, formulating the matter in this way itself give rise to serious problems. Why for example, is it a problem of indigenous peoples? It may rightly be argued that, far from being a problem of indigenous peoples, it is in …
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The legal regulation of the right to strike in Zimbabwe: international and comparative perspectives
This dissertation explores the legal regulation of the right to strike in Zimbabwe. The Zimbabwean workers, like other workers the world over have struggled and continue to suffer to express their interests and views in the workplace. The study looks critically at the legislation which has …
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Loss of sovereignty: transfer of trading competences from member states of the European Union under the Maastricht Treaty- an example of regional integration
Policy before World War I, the Great War, was dominated by national independence, the aspiration to hegemony and the creation of spheres of interest. Europe's old national structures were deeply disrupted by the end of World War I. The idea of a voluntary union 6, not governed by the dictates of a …
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The foreign direct investments and their impact on Canadian and South African telecommunications industry
The scope of this paper is to demonstrate that countries should abolish the restrictions on FDI in order to create a successful telecommunications market. FDI can increase competition with amazing consequences for consumers. In Canada, FDI restrictions apply on basic suppliers and are a major …
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Penal labour in the constitutional context: a comparison of South African and Germany.
… of law, is to get a better understanding of the legal jurisdictions of other countries. Studying the law of another country also enables one to understand one's legal jurisdiction in a better way. It helps one to see well-established principles in a new light and to ask questions about the …
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Merges and acquisitions and the resultant ramifications on employees in the transaction. a study of South Africa's Section 197 Labour Relations Act 1995 as amended in 2002
Business organizations engage in mergers and acquisitions (M&As) to accomplish various objectives, including, but not limited to, increasing growth potential, expanding product lines, entering new markets at a faster speed, eliminating competitors gaining access to intellectual capital and gaining …
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