Faculty of Law: Recent submissions
Now showing items 81-100 of 388
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Challenging old perceptions: the classification of website advertisements according to South African Contract Law
(Nelson Mandela Metropolitan University, 2016)South African law draws a distinction between offers and invitations to treat. Although the intention with which a statement is made is usually cited as a controlling factor in determining its proper classification, there ... -
Die strafregtelike aanspreeklikheid van regspersone: lesse uit Kanada
(University of the Free State, 2016)Hierdie bydrae ondersoek die grondslag vir die strafregtelike aanspreeklikheid van regspersone in Kanada in 'n poging om moontlike lesse vir die Suid-Afrikaanse reg daaruit te neem. Die Kanadese benadering gee erkenning ... -
Constitutional conversations in the anthropocene: in search of environmental Jus Cogens Norms
(Springer Link, 2015)This chapter investigates the existence of environmental jus cogens norms and the possibility of extending peremptory norms into the environmental domain. For this purpose, the chapter briefly describes the trite manifestation ... -
Can estoppel be raised against an eviction in terms of PIE?
(VerLoren Van Themaat Centre / UNISA Press, 2015)Estoppel is a well-known defence against (or limitation on) the rei vindicatio. This would be the case for example where the owner by some representation creates the impression that a third party is the owner of a thing ... -
Vonnisbespreking: Implementering van die internasionale strafhof se lasbriewe vir die inhegtenisname van die Soedannese president Omar Hassan Ahmad al-Bashir
(LitNet, 2016)On 15 March 2016 the supreme court of appeal (SCA) confirmed the high court's earlier judgment in which it held that the government had breached its obligations under the Rome Statute and the Implementation Act by failing ... -
Upholding international migration law in difficult political circumstances: the case of Syrian refugees under the EU-Turkey agreement
(Institute of Foreign and Comparative Law, 2016)Since the beginning of the conflict in Syria in March 2011, a huge number of refugees have risked and actually lost their lives in unseaworthy boats often operated by smugglers crossing the Aegean Sea in a desperate bid ... -
Zimbabwe's 'look East' policy : a socio-legal perspective
(VerLoren Van Themaat Centre / UNISA Press, 2015)The studies of the relations between China and Zimbabwe, as with other studies of Chinese relations with African states, have focused largely on the socio-economic and political aspects thereof. There has not been a ... -
Transformasie en die universiteitswese = Transformation and the University Sector
(Suid-Afrikaanse Akademie vir Wetenskap en Kuns, 2016)"Transformation" is not defined in parliamentary legislation or the Constitution. Nevertheless, the policy documents of the Government and the ANC bestow immense importance on the notion, which bears significant ideological, ... -
Women, mining and the law
(Nelson Mandela Metropolitan University, 2016)At a recent colloquium of the University of Cape Town's Mineral Law in Africa's initiative1 the position of gender and mining were discussed. The discussion raised many issues pertaining to women's position in relation to ... -
The anthropocene's global environmental constitutional moment
(Oxford University Press, 2014)Considering that the Earth is approximately an unfathomable five billion years old, scientists usefully divide this vast expanse of geological time into geochronological units of descending order of length termed 'eons,' ... -
Rethinking the role of development banks in climate finance: Panama's Barro Blanco CDM project and Human Rights
(SOAS University, 2016)Development banks are key actors in climate finance. During the last decades, they have increased the funding of climate change related projects, especially those under the Clean Development Mechanism (CDM). Defined in ... -
Bridging the public-private regulatory divide: South African mines and the right of access to water
(Taylor & Francis, 2016)In this article we explore the extent to which the South African mining industry can contribute to realising positive obligations stemming from socio-economic rights, and in particular, the right of access to water. Our ... -
The inter-relationship between administrative law and labour law: public sector employment perspectives from South Africa
(VerLoren Van Themaat Centre / UNISA Press, 2015)The legal position of public sector employees who challenge employment decisions taken by the state or organs of state in its/their capacity as employer in South Africa has long been problematic. Even though at least four ... -
The influence of environmental rights on the balance of convenience in the granting of interim interdicts: a note on WJ Building & Civil Engineering Contractors CC v Umhlathuze Municipality and others
(University of KwaZulu-Natal, 2015)Public procurement entails the procurement, by organs of state, of goods and services from the private sector.1 Such procurement often has environmental implications. This is especially the case in infrastructure procurement ... -
The use of citizenship and nationality as instruments of control
(Juta, 2014)During the past few years the international spotlight has fallen sharply on the curtailment, withdrawal and total denial of citizenship and nationality by states. The renewed interest shown in theseissuesis, amongst others,a ... -
Criminal procedure: recent cases
(Juta, 2016)In Minister of Safety and Security v Van der Merwe 2011 (2) SACR 301 (CC) at paras [36]-[37] the Constitutional Court identified a number of legislative safeguards to ameliorate the effect of searches and seizures on ... -
Protecting and integrating migrant workers in ASEAN social security systems
(IDEAS, 2016)This paper considers how social security systems in Southeast Asia may be adapted in order to improve the level of protection and integration of low-skilled migrant workers and to facilitate the mobility of workers, without ... -
Allocating the risk of software failures in automated message systems (autonomous electronic agents)
(Juta, 2016)A marvel of electronic commerce is an increase in the active participation of unattended computer systems in the negotiation and formation of agreements. Computers today can, and already are, helping their human users to ... -
Participatory constitution-making and why it matters: a review of the Egyptian experience
(Taylor & Francis, 2016)This article considers the making of Egypt's post-Mubarak constitution after considering the fact that participatory constitution-making is accepted as a democratic norm allowing citizens to be involved in the creation of ... -
Onrus en geweld: 2015 (1)
(VerLoren Van Themaat Centre / UNISA Press, 2015)Xenofobie (vreemdelinggeweld) het weer sedert 2008 op groot skaal in Suid-Afrika uitgebreek (sien onder meer Tromp, Olifant en Sadives ‘Kill thy neighbor: Alex attack brings home SA’s shame’ Sunday Times (2015-04-19) 1; ...
