Law: Recent submissions
Now showing items 441-460 of 834
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Straddling border and legal regimes : a legal framework for transfrontier biodiversity conservation in SADC
(North-West University (South Africa) , Potchefstroom Campus, 2015)Traditional conservation models focus on conservation within sovereign national borders and therefore ignores the fact that biodiversity extends beyond these political boundaries. Since the Southern African Development ... -
Removal of a trustee due to breach of fiduciary duties
(North-West University (South Africa) , Potchefstroom Campus, 2015)This mini-dissertation is aimed at giving practical guidance to trustees on the administration of a trust; with specific reference to the nature of a trust, general principles of a trust, the fiduciary office of a trustee ... -
Tax benefits of discretionary trusts : abolishment of the conduit pipe principle
(North-West University (South Africa) , Potchefstroom Campus, 2015)Trusts have long been effective and beneficial estate planning instruments for various reasons, amongst which their favourable flow-through nature (with special reference to applicable tax benefits). For purposes of estate ... -
An analysis of sanitation and water service delivery in Mahikeng Local Municipality
(2016)This study analyses various statutes and policies on water and sanitation service delivery in Mahikeng. The water and sanitation services delivery system of the Mahikeng Local Municipality is problematic because of the ... -
Environmental due diligence in industrial property agreements
(North-West University (South Africa) , Potchefstroom Campus, 2015)Environmental due diligence as a protection mechanism has become very important for many reasons when it comes to real estate transactions. For instance, the parties to a transaction have to establish whether or not the ... -
Insurable interest as a requirement for insurance contracts : a comparative analysis
(North-West University (South Africa) , Potchefstroom Campus, 2015)This mini-dissertation has as its focus the application of the doctrine of an insurable interest in South Africa. The research question to be answered was to what extent, if any, an insurable interest should be considered ... -
The tax deductibility of corporate social responsibility expenditure
(North-West University (South Africa) , Potchefstroom Campus, 2015)As a developing country, the South African government struggles to single-handedly carry the financial burden to care for the needs of the public. There is also a need for socio-economic development in order to improve the ... -
The sui generis and intellectual property protection of expressions of folklore in Africa
(North-West University (South Africa) , Potchefstroom Campus, 2015)This thesis articulates an optimum framework for the protection of expressions of folklore in Africa using a number of African countries – South Africa, Kenya, Ghana and Nigeria as case studies. This thesis argues that ... -
Extending access to social security to the informal sector in South Africa : challenges and prospects
(North-West University (South Africa) , Potchefstroom Campus, 2016)No abstract available -
Municipal law responses to the threat of international terrorism
(North-West University (South Africa) , Potchefstroom Campus, 2016)The question this thesis wish to address is “how does South African municipal law respond to the public international law prohibition on international terrorism?.” The international legal frame work countering the threat ... -
Die regsaard en afdwingbaarheid van heffings by deeltitelskemas
(North-West University (South Africa) , Potchefstroom Campus, 2016)Sectional title schemes are managed by a body corporate. The financial management of a scheme is the responsibility of the body corporate and the main source of income is the imposition of levies that have to be paid by ... -
A rights-based approach to foreign agro-investment governance in Cameroon, Uganda and South Africa
(North-West University (South Africa) , Potchefstroom Campus, 2016)The practice of foreign agro-investment (FAI) for the production of food crops and biofuel crops has been a recent phenomenon in sub-Saharan Africa and other developing countries. In fact, the present era of climate change ... -
The extra-territorial obligation of member states of the Optional Protocol on the Involvement of Children in Armed Conflict to prevent the use of child soldiers
(North-West University (South Africa) , Potchefstroom Campus, 2015)Children have been documented fighting in armed conflicts around the world. The United Nations Secretary-General's 2015 report on children in armed conflict listed 57 parties that recruited or used children in armed conflict ... -
Exploring legal alternatives to remedy problems associated with prolonged and lengthy strikes in South Africa
(North-West University (South Africa) , Potchefstroom Campus, 2015)In South Africa the Constitution of the Republic of South Africa, 1996 hereafter referred to as (the Constitution) is the supreme law and any conduct inconsistent with the Constitution is invalid. In terms of section ... -
The role of South Africa's environmental rights in transformative constitutionalism
(North-West University (South Africa) , Potchefstroom Campus, 2016)This study discusses the role of and extent to which South Africa's environmental right contributes to transformative constitutionalism. Prior to the enactment of the Constitution of the Republic of South Africa, 1996 ... -
The re-evaluation of principles of fairness, rationality and proportionality in affirmative action cases in South Africa
(North-West University (South Africa) , Potchefstroom Campus, 2015)The purpose of this study is to determine what role fairness, rationality and proportionality play in the implementation and interpretation of employment equity plans and affirmative action in South Africa. The recent ... -
Sustainable use of biodiversity in SADC : shifting paradigms in biodiversity conservation
(North-West University (South Africa) , Potchefstroom Campus, 2015)All life on earth depends on biodiversity and is of international concern. Biodiversity must be conserved for future generations. The 1992 Convention on Biological Diversity (CBD) recognises that biodiversity is a global ... -
Die openbare administrasie en die reg op toegang tot inligting
(2001)During the previous constitutional dispensation in South Africa the management of official information tended to be excessively secretive. This position was changed by section 32 of the Constitution of the Republic of South ... -
Assisted dying and moral principles : the quest for just and legitimate norms in constitutional interpretation
(2016)In this thesis the relationship between law and morality is examined, posing the question whether or not the law consists of - or to some extent at least includes - principles that can help an adjudicator to determine how ... -
Participation in serious crimes in international law: lessons from the United Nations' ad hoc tribunals
(2016)In criminal law, the imposition of individual criminal responsibility is based on the premise that such an individual would have, through some conduct (a positive act or an omission) brought about a result which is prohibited ...