Browsing Faculty of Law by Title
Now showing items 257-276 of 385
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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 ... -
Perceptive approaches to the interpretation and realisation of South Africa's Constitutional Environmental Right
(School of Law, University of Natal, 2009) -
Phiri, the plight of the poor and the perils of climate change: time to rethink environmental and socio-economic rights in South Africa?
(Edward Elgar Publishing, 2010)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 ... -
Political dynamics in Kenya's post-electoral violence: justice without peace or political compromise?
(Taylor & Francis, 2016)The political upheavals that erupted in Kenya after the release of the 2007–8 election results resulted in the death of approximately 1 200 people, as well as the loss of livestock and other valuable property. While the ... -
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 ...