Browsing Faculty of Law by Title
Now showing items 130-149 of 385
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Factors justifying forfeiture or patrimonial benefits orders: Molapo vs Molapo
(SABINET -SA ePublications, 2015)Marriage in community of property carries major implications for ownership of the parties' assets, liability for their debts as well as their capacity to enter into legal transactions (Tomlin v London and Lancashire Insurance ... -
A few comments on the (possible) revival of the customary law rule of male primogeniture : can the common-law principle of freedom of testation come to its rescue?
(Juta, 2014)The customary law rule of male primogeniture has been declared unconstitutional and invalid, and legal sources of the common law of succession have been tailored to provide for the devolution of estates which were formerly ... -
Fiat lux! Deriving a right to energy from the African Charter on Human and People's Rights
(Juta Law Publishing, 2013)The African continent is plagued by energy poverty, which refers to the lack of access to electricity and a reliance on traditional biomass for cooking. The linkage between access to modern energy services and development ... -
Finding property in new places – property in cyber and outer space
(2015)The fields of virtual property and property in space are both new areas of property law that could not have been envisaged a hundred years ago. In both of these new fields, things and other objects of property are located ... -
Fragmentation revisited in the context of global environmental law and governance
(Juta, 2014)This article argues that because of environmental law's usual focus on the fragmentation of international environmental law and international environmental governance, we have been missing out on an opportunity to consider ... -
Fragmentation: Friend or foe in the effective implementation of the Cultural Diversity Convention in South Africa?
(VerLoren van Themaat Centre for Public Law Studies (UNISA), 2009)It seems as if South Africa has never been as energetically involved in the international law-making arena as she was in the making of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural ... -
A Fresh Perspective on Historical Sexual Abuse: The Case of Hewitt v S 2017 1 SACR 309 (SCA)
(2017-12-18)Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation of sexual crimes in South Africa has received a large amount of attention over the last few ... -
The functions of selected human rights institutions and related role-players in the protection of human rights in Zimbabwe
(2016)Various violations of the human rights of ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s. It is widely acknowledged that such violations have been perpetrated mostly by the ... -
Furnishing Employees with the Petition for Sequestration Constitutional and Related Issues: Stratford & Others V Investec Bank Ltd & Others 2015 (3) SA 1 (CC)
(Juta Law, 2017)The consistent application of s 9(4A) of the Insolvency Act 24 of 1936 (Insolvency Act) has, to date, been sometimes impeded by various interpretational challenges in the South African courts. For instance, the courts have ... -
The future of corporate liability for extraterritorial human rights abuses: the Dutch case against Shell
(American Society of International Law, 2014) -
Genetically modified food and feed in South Africa: labelling and the right to disclosure of information
(Juta, 2016)When genetically modified organisms ('GMOs') were first commercialised in South Africa towards the end of the 1990s, there was no specific labelling obligation for such products apart from general requirements on labelling ... -
Genetically modified organisms and trans-boundary damage: a two-pronged compromise for redress under the liability and redress protocol to the cartagena protocol
(Juta Law Publishing, 2013)This paper comments on the two-pronged approach for redress of the eagerly anticipated Nagoya-Kuala Lumpur Supplementary Protocol on liability and redress (the NSP) to the Cartagena Protocol in the event of damage resulting ... -
Geographical indication protection in South Africa with particular reference to wines and the EU connection
(Faculty of Law, University of the Free State, 2008)Based on the international legal framework as established by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the author discusses the approach to GI protection under South African law. While ... -
Globalization of constitutional law through comparative constitution-making.
(Nomos Verlagsgesellschaft, 2008) -
Godsdienspluraliteit en die liberale staat – die illusie van sekulêre neutraliteit
(AOSIS, 2016)Religious pluralism and the liberal state - the illusion of secular neutrality. Whereas church and state have long been separated since the emergence of the modern state, law and religion have not been separated and can ... -
A Gold Rush to Nowhere? The rights-based approach to environmental governance in South Africa’s mining sector in question
(Nomos Verlagsgesellschaft, 2014)In this article we focus on the impact that the mining industry has had, and continues to have, on the environment in South Africa. The country is renowned for its mineral wealth and the mining sector continues to significantly ... -
Good governance
(North-West University (Potchefstroom campus), Faculty of Law, 2008)