Browsing Faculty of Law by Title
Now showing items 264-283 of 387
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Poverty, migration and the incidence of HIV/AIDS among rural women in Lesotho: a Rights–Based Approach to public health strategies
(Sabinet, 2014)This paper discusses how migration, poverty and gender-based discrimination have had an impact on HIV/AIDS vulnerability among rural women in Lesotho. It is based on data from a clinic-based HIV/AIDS prevalence study with ... -
Procurement under the uncitral model law: a Southern Africa perspective
(2015)In Africa, economic integration, realised through regional integration, is seen as one of the driving factors that will improve the lives of its people. To enable regionalisation, economic growth and to unlock the potential ... -
Promises of protection? Article 16 of the Convention on the Rights of Persons with Disabilities and gender-based violence in South Africa
(Elsevier, 2017)Article 16 of the Convention on the Rights of Persons with Disabilities (CRPD) guarantees persons with disabilities freedom from exploitation, violence and abuse. This article explores the current status of implementation ... -
Promoting environmental justice through civil-based instruments in South Africa
(SOAS University of London, 2017)Achieving environmental justice in South Africa is critically important, not only because of historical reasons rooted in the country's apartheid past, but also to ensure that everyone in the country, especially marginalized ... -
The promotion of regional environmental security and Africa s common position on climate change
(Centre for Human Rights, University of Pretoria, 2010) -
Property Relationships in virtual worlds: a return to the Feudal System?
(Virtus Interpress, 2015)There are a number of ways to explain how the property system in a virtual world works. Various explanations are proposed in this paper to explain this phenomenon. Some people argue that property in virtual worlds is purely ... -
Property rights in space: moving the goal posts so the players don't notice
(2016)Elsewhere in "Rethinking Terra Nullius and Property in Space", I have argued that due to the changing circumstances of access to space by private entities rather than governments, the current legal situation with regard ... -
Proposed changes to tax law in South Africa: interest-free loans as a tool in estate planning?
(The Social Sciences Research Society, 2016)Estate planning often involves the sale of an asset by an estate planner (the owner of the asset) to an inter vivos trust, as a related family trust. It also often happens that the buying trust does not have the necessary ... -
Prosecuting the Offence of Misappropriation of Public Funds: An Insight into Cameroon's Special Criminal Court
(2017)The fight against the misappropriation of public funds for private gain perpetrated by individuals, especially public servants, enjoys different degrees of commitment by different countries. The enactment of laws and ... -
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 ... -
Protection of Indigenous peoples on the African continent: Concepts, position seeking, and the interaction of Legal Systems
(The American Society of International Law, 2010) -
Provisional thoughts on limitations to the right to procreate
(2015)The constantly increasing human population results in severe ecological, psychological, political, economic and sociological ramifications. These negative implications raise the question whether the constitutionally ... -
Public litigation and the concept of "deference" in judicial review
(2015)The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the ... -
Public participation in decentralised governments in Africa: making ambitious constitutional guarantees more responsive
(Juta Law, 2015)Following the example of South Africa, Kenya, Tunisia and Zimbabwe have recently adopted constitutions that contain bills of rights, embrace the ideals of decentralisation and profess a commitment to participatory democracy. ... -
Public participation, good environmental governance and fulfilment of environmental rights
(North-West University (Potchefstroom Campus), Faculty of Law, 2008)This article succinctly, albeit critically, assesses with reference to some international developments the role that public participation is expected to play in state governments’ fulfilment of citizens’ environmental ... -
The Public Protector as a Mechanism of Political Accountability: The Extent of its Contribution to the Realisation of the Right to Access Adequate Housing in South Africa
(2017)This paper is premised on the concept of political accountability which aims to hold accountable government for its action and or omission. Political accountability encompasses a number of mechanisms such as the judiciary ... -
Public-private partnerships in local disaster management: a panacea to all local disaster management ILLS?
(2015)It is anticipated that the occurrence and intensity of disasters will increase globally and in South Africa where typical disasters include droughts, floods, extreme hailstorms, gales, fires and earthquakes, as well as ... -
Publisiteitsbevele as vonnisopsie vir regspersone - publicity orders as sentencing option for juristic persons
(2016)This contribution addresses the issue of adverse publicity orders as a possible supplementary sentencing option for corporate offenders. In South Africa fines are the primary sentencing option available to courts when ... -
Pursuing the Right to an Effective Remedy for Human Rights Violation(s) In Cameroon: The Need for Legislative Reform
(2017-12-19)Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the ... -
The pursuit of sustainable development through cultural law and governance frameworks: a South African perspective
(2015)The idea of including a cultural dimension in development policies has become the focus of international scholarly and policy debates. Analysing and conceptualising the role of culture in the sustainable development context ...