Browsing Faculty of Law by Title
Now showing items 319-338 of 387
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Rights discourse and practices, everyday violence and social protests: who counts as subject and whose lives are real in the neo-colonial South African nation state?
(University of the Western Cape, 2014)I seek to provide an explanation for the disjunction between the lived realities of marginalised, displaced and impoverished collectivities in the neo-colonial South African nation state and the language, politics and ... -
Riglyne vir die hersiening van omgewingsverwante wetgewing ter verwesenliking van die reg op toegang tot voldoende voedsel
(2015)The development of legislation for the progressive realisation of the right to access to sufficient food is labelled as an international and national objective. Section 27(2) of the Constitution of the Republic of South ... -
A role for local government in global environmental governance and transnational environmental law from a subsidiarity perspective
(Institute of Foreign and Comparative Law, 2015)This article advances a conceptual view of the role of local government in global environmental governance (‘GEG’) and the system of transnational environmental law (‘TEL’). The underlying hypothesis is that a ... -
The role of international sustainable development law principles in enabling effective renewable energy policy: a South African perspective
(NWU, 2012)It is universally accepted that renewable energy is an important contributing factor towards the promotion of sustainable development. The implementation of renewable energy needs to be regulated in an effective manner ... -
The role of remorse in sentencing
(NMMU, 2013)It has become an established feature of the South African sentencing practice to consider the level of remorse displayed by the accused (S v M (Centre for Child Law as Amicus Curiae) 2007 (2) SACR 539 (CC) par [115]). ... -
The role of sustainability in the adjudication of the right to access to adequate water
(VerLoren Van Themaat Centre, University of South Africa, 2009)South Africa is a water-stressed country where scarce water resources are unequally available to South Africans. It seems inevitable that climate change will in future severely affect the availability of water resources ... -
Selected aspects of the regulation of insider trading and market manipulation in the European Union and South Africa
(Brill, 2015)The increasingly global market has given rise to increased interaction and interdependence among national regulators as well as investors in different jurisdictions. However, this has brought several regulatory problems ... -
Selected Challenges and Prospects of the Zimbabwe Constitution of 2013 in the Protection of Human Rights and Constitutional Democracy in Zimbabwe
(Juta and Company, 2017)This article analyses selected aspects of the provisions of the Zimbabwe Constitution Amendment Act 20 of 2013 (“Zimbabwe Constitution 2013”) that, inter alia, deal with the protection, enforcement and limitation of ... -
Selected Challenges in the South African Anti–Market Abuse Enforcement Framework in Relation to Some Aspects of the Financial Markets
(Sabinet, 2014)The objective of this article is to provide an overview analysis of the challenges and/or flaws in the current anti-market abuse-enforcement framework in relation to some selected specific aspects of the financial markets ... -
Sentencing the corporate offender in South Africa: a comparative approach
(Juta Law, 2012)In terms of the Criminal Procedure Act a fine is the only sentencing option available to the court upon convicting a corporation for a criminal offence. The fine is imposed upon the individual representing the corporation ... -
Setting the scene for climate change litigation in South Africa: Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others [2017] ZAGPPHC 58 (2017) 65662/16
(SOAS University of London, 2017)The recent decision of Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others provides the foundation for streamlining climate change concerns within the context of socio-economic developments. This ... -
Sexual harassment as a ground for dismissal: a critical evaluation of the labour and labour appeal courts' decisions in Simmers v Campbell Scientific Africa
(Juta, 2017)In die hantering van seksuele teistering as 'n vorm van wangedrag het werkgewers en voorsittende beamptes die statutêre verpligting om die riglyne in die “Goeie praktykskode: hantering van seksuele teistering gevalle" (soos ... -
The sexual orientation of a parent as a factor when considering care
(Faculty of Law, North-West University, Potchefstroom, 2013) -
Shifting the matrix from legal passivity to a new domestic legal order: towards the justiciability of economic, social and cultural rights in Cameroon
(Edinburgh University Press, 2017)Despite the fact that economic, social and cultural rights (ESCR) have been categorised as ‘second-generation rights', the evolving jurisprudence of international bodies indicate that these are legally recognised rights ... -
Social protection in Lesotho: innovations and reform challenges
(Taylor & Francis, 2013)Given its current socioeconomic conditions and fiscal ability, Lesotho has achieved an impressive record in creating a basic social assistance and social protection system, informed by political commitment and through ... -
Solar geoengineering : the case for an international non-use agreement
(2022)Solar geoengineering is gaining prominence in climate change debates as an issue worth studying; for some it is even a potential future policy option. We argue here against this increasing normalization of solar ... -
Some comments on the sweet and bitter of the National Environmental Law Framework for 'Local Environmental Governance'
(Verloren van Themaat Centre, UNISA, 2009)This article critically reviews the core of the statutory environmental law framework that currently regulates local environmental governance in South Africa in order to distill and critically reflect on some common strengths ... -
Some perspectives on constitutional conflict in local disaster management through the lens of Pheko v Ekurhuleni Metropolitan Municipality 2012 2 SA 598 (CC)
(VerLoren Van Themaat Centre / Unisa Press, 2013)Socially created vulnerabilities are largely ignored in the hazards and disaster literature because they are so difficult to measure and quantify. Social vulnerability is partially a product of social inequities – those ... -
Some thoughts on environmental claims in liquidation
(J.H. de Bussy, 2013)The purpose of this note is to establish if it is ever possible, after completion of the liquidation process, to recover the balance of a claim for damages not fully paid during the liquidation of an insolvent company. ...