Browsing PER: Potchefstroom Electronic Law Journal by Title
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Towards a clearer definition and understanding of "indigenous community" for the purposes of the Intellectual Property Law Amandment Bill 2010: An eploration of the concepts "indigenous" and "traditional"
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)Although "indigenous" and "traditional" are key concepts in the Intellectual Property Laws Amendment Bill of 2010, they are not defined therein. The Bill does, however, provide a definition of "indigenous community" that ... -
Towards a More Uniform Approach to Parenting Coordination in South Africa
(PER/PELJ, 2022)Because of the need to mitigate the damage done to children by chronic conflict between co-parents after divorce or family breakdown, the process of parenting coordination has been embraced by South African courts. In terms ... -
Towards a Sound Pedagogy in Law: A Constitutionally Informed Dissertation as Capstone Course in the LLB Degree Programme
(2017)The LLB degree programme (Bachelor of Laws) should adequately prepare graduates for the demands set by both legal practice and the greater South African society. Law schools are not tasked with producing future legal ... -
Towards designing a validated framework for improved clinical legal education : empirical research on student and alumni feedback
(PER/PELJ, 2020)The pedagogical advantages of employing a Clinical Legal Education ("CLE") teaching and learning strategy have been acclaimed in literature for almost a century and it continues to be ideally suited to catering to modern ... -
Towards ingenious technology and the robust enforcement of financial markets laws to curb money laundering in Zimbabwe
(PER/PELJ, 2021)Technology has positively contributed to the creation of financial markets and the facilitation of payments globally. The effective use of robust technology could enhance the consistent enforcement of financial market ... -
Towards the legal recognition and governance of forest ecosystem services in Mozambique
(2013)Within the context of Mozambique, this paper examines the state of forest ecosystem services, the dependency of the population on these systems for their well-being, if an adaptive governance regime is being created which ... -
Towards the protection of human rights: do the new Zimbabwean constitutional provisions on judicial independence suffice?
(2014)If human rights are to be effectively protected in any country, the judiciary has to recognise that it also has a role to play in this regard. The rationale for this is that the judiciary has a duty to enhance and protect ... -
Tradisionele leiers: erkenning en die pad vorentoe
(1998)There has for many years been legal recognition of Traditional Leaders in South African laws, such as the Black Administration Act 38 of 1927 and regulations and proclamations issued in terms of other legislation. Recently ... -
Traditional knowledge and patent protection: Conflicting views on international patent standards
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)As diseases continue to spread around the globe, pharmaceutical and biotech companies continue to search for new and better drugs to treat them. Most of these companies have realised that useful compounds for these purposes ... -
Traditional Leadership and Independent Bantustans of South Africa: Some Milestones of Transformative Constitutionalism beyond Apartheid
(2009)The institution of traditional leadership represents the early form of societal organisation. It embodies the preservation of culture, traditions, customs and values. This paper gives a brief exposition of the impact that ... -
Transboundary movements of genetically modified organisms and the Cartagena protocol: key issues and concerns
(2014)Biotechnology or the engineering of the genetic material of species can give way to avenues of possibilities for the benefit of people, fauna and flora but also has the potential of posing untold and undiscovered threats ... -
The Trial of Civilians Before Courts Martial in Uganda : Analysing the Jurisprudence of Ugandan Courts in the Light of the Drafting History of Articles 129(1)(d) and 21 0(a) of the Constitution
(PER/PELJ, 2022)Unlike in the constitutions of other African countries such as Botswana and Lesotho, where the relationship between the High Court and courts martial is stipulated, the Ugandan Constitution 1995 (the Constitution) does not ... -
A Tribute to Charl Francois Hugo
(PER/PELJ, 2022) -
Twenty Years of Constitutional Court Judgments: What Lessons are there about Sentencing?
(2017-12-05)This contribution considers the Constitutional Court of South Africa’s judgments regarding aspects of sentencing. It starts with an overview of relevant judgments, before attending in more detail to judgments on the minimum ... -
Ubuntu and the law in South Africa
(1998)The new constitutional dispensation, like the idea of freedom in South Africa, is also not free of scepticism. Many a time when crime and criminal activity are rife, sceptics would lament the absence of ubuntu in society ... -
Ubuntu: An African Equity
(2011)In this paper the uses of ubuntu in constitutional law, criminal law, administrative law, the law of property, family law, delict and contract are investigated. Furthermore the theoretical objections to the use of ubuntu ... -
The UCP as a Choice of Non State Law in International Commercial Contracts
(PER/PELJ, 2022)The article analyses the UCP as a form of non-State law. It demonstrates that in some courts the UCP may inadvertently be applied as the governing law of the agreement instead of as contractual terms. The article proceeds ... -
UN Peacekeeping in Africa and good governance: challenges and prospects
(2008)While UN peacekeeping operations are in most cases confronted with a multitude of intertwined problems, this seems to be even worse in Africa. Operations on African soil have to react more than averagely to inter- as well ... -
Unaccompanied and separated foreign children in the care system in the Western Cape – a socio-legal study
(2016)This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly ...