Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 20 for “"African Court"”.
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The African court: an ideal mechanism for the regional protection of human rights?
Proposals for an African Court of human rights date back to 1961, when the African Conference on the Rule of Law, which brought together judges, teachers of law and legal practitioners from 23 African states, invited governments to consider the adoption of an African convention on human rights and …
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Implementation of decisions by the African Court and African Commission on human and peoples' rights on indigenous peoples in Kenya
Despite the progressive decisions by the African Court and Commission on indigenous peoples in Kenya, their rights continue to be violated. Notably, Kenya has not implemented the Ogiek and Endorois decisions by the African Court and Commission respectively. This study looks at the follow-up …
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Is the African Union’s decision on the ICC and the adoption of Article 46A Bis of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human rights unlawful under international law?
… violence in 2007 by the International Criminal Court has resulted in action by the African Union that undermines individual criminal responsibility for heads of state and government officials and for the promotion and protection of human rights in Africa. This thesis will assess whther the …
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Is the African Union’s decision on the ICC and the adoption of Article 46A Bis of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights unlawful under international law?
… violence in 2007 by the International Criminal Court has resulted in action by the African Union that undermines individual criminal responsibility for heads of state and government officials and for the promotion and protection of human rights in Africa. This thesis will assess whether the …
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Does the proposed dividends tax overcome the international tax flaws that secondary tax on companies may have, namely exclusion from the scope of some double tax agreements and violation of the anti-discrimination provisions embodied in the OECD mode
… This question has not been decided in a South African court. This dissertation proposes the resolution to this question. The outcome of this research may be particularly relevant in the context of the proposed new dividends tax and value extraction tax (“VET”) and the exemptions therefrom, …
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The privatisation of pilotage services: a panacea for South Africa’s pilotage ills?
… have come to be defined and understood in South African labour jurisprudence, the governing law, respective positions occupied by ship-owner and port authority, broad-based considerations of policy, and key tenets of the rationale underpinning the concept of vicarious liability; that the answer …
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Capital or revenue : a critical analysis of the treatment of realisation companies and the judgment of Lewis JA
… the treatment of realisation companies by South African Court.
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Leveraging and enhancing existing legal frameworks in the African Regional system for the prevention of ecocide and environmental dam
The African Regional system has been a subject of ongoing debates and discussions on how to protect the environment and combat ecocide effectively. In this regard, various legal frameworks have been put in place to address these issues, particularly the Bamako Convention on The Ban Of Import To …
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A comparative analysis of the court structures in Nigeria and South Africa
… on carrying out a comparison between the current court systems (with particular reference to structures) in Nigeria and South Africa. A pertinent question that comes to bear in relation to court systems, is whether the current court structure in South Africa should be adopted by Nigeria? The …
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Economic, social and cultural rights : general obligations in the African Charter on Human and Peoples’ Rights
… of American States. The Organisation of African Unity (now the African Union) was the late comer to the human rights project when it adopted the African Charter on Human and Peoples’ Rights (African Charter), the main human rights treaty of the African Union. The African Charter applies …
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Defending women who kill
… dissertation undertakes a case review of South African court case judgments (between 1994 and 2021) in which women are charged with killing their abusive intimate partners. The dissertation examines how evidence of their abuse is used in respect of legal defences and mitigation of sentence. In …
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Competition law : the legal precedent of the Wal-Mart case on competition law development in Namibia
… that Namibian law is mostly derived from South African law, the exploration and analysis will be based on both Wal-Mart cases in Namibia and South Africa in respect of the subject matter with specific particularity on the significance of the court’s judgment to competition law development in …
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"The doctrines of deviation and fundamental breach: have they really sunk?"
… There exists no jurisprudence in South African shipping law dealing with a fundamental breach or a deviation and thus in terms of s6(1) of the South African Admiralty Jurisdiction Regulation Act no. 105 of 1983, English law is the law applicable should a South African court be faced with …
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The Admissibility of Extrinsic Evidence in the Interpretation of Double Tax Conventions - A South African Perspective
A recent South African judgment concerning the application of the most favoured nation clause in the South Africa/ Netherlands double tax convention has once again raised questions regarding the correct approach to the interpretation of treaties in South Africa and what information should be …
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Realising the effective enforcement of civil and political rights in Africa: an analysis of the African Charter on Human and Peoples' Rights.
… and political rights, are prevalent in many African countries. In this thesis, the focus is on realising effective enforcement of civil and political rights, using the normative and institutional framework of the African Charter on Human and Peoples' Rights to inform the understanding and …
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An explorative study of false allegations of child sexual abuse in divorce and custody proceedings in South Africa
… phenomenon and not all professionals nor the courts have the necessary skills to deal adequately with these matters. Research recommends amendments to South African Policy and Legislation, changes to the South African court system, and capacity building of mental health professionals. As this …
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Reflecting on South Africa's recent jurisprudence relating to estuaries through the lens of nature - Is it providing key guidance or evidence of missed opportunities?
… interests. However, the Western Cape High Court, and subsequently the national Supreme Court of Appeal, recently dismissed an application to compel the authorities to protect private property against back-flooding from the Klein River estuary. The High Court of KwaZulu-Natal subsequently …
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Architectural Project Design of "The Seat of the African Criminal Court": In French, Projet D'Etudes Architectural Du "Siege De La Cour Penal Interafricaine"
… the architectural design of an international African Criminal Court in Bloemfontein, South Africa.
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A Training programme for intermediaries for the child witness in South African Courts
… training program for intermediaries in South African courts in order to improve the intermediary’s knowledge and understanding of the role and duties of an intermediary. The motivation for this study had its origin in the fact that the adversarial nature of court proceedings is a major …