Browsing Faculty of Law by Title
Now showing items 368-385 of 385
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The universal jurisdiction of South African criminal courts and immunities of foreign state officials
(2015)Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC), the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary ... -
Unpacking the public trust doctrine: A journey into foreign territory
(Faculty of Law, North West University, 2010) -
Upholding international migration law in difficult political circumstances: the case of Syrian refugees under the EU-Turkey agreement
(Institute of Foreign and Comparative Law, 2016)Since the beginning of the conflict in Syria in March 2011, a huge number of refugees have risked and actually lost their lives in unseaworthy boats often operated by smugglers crossing the Aegean Sea in a desperate bid ... -
The use of electronic reverse auctions in public procurement in South Africa
(Nelson Mandela School of Law of the University of Fort Hare, 2012) -
The use of force in effecting arrest in South Africa and the 2010 bill: a step in the right direction?
(NWU, 2011)In South Africa the use of force in effecting arrest is statutorily governed by section 49 of the Criminal Procedure Act 51 of 1977. The inception of the Constitution brought about a dramatic change in South African law ... -
Valuation in the constitutional era
(2015)The Constitution brought about a new compensation regime for expropriations. Compensation for expropriation must now be "just and equitable". Whereas before the Constitution came into force market value played a central ... -
Verandering en verhoging van die risiko tydens die termyn van die verskeringskontrak
(Juta, 2017)The current rule in insurance law is that a duty to disclose material facts before the conclusion of the contract rests on both parties to the insurance contract. The test for materiality is based on the judgment of the ... -
Verpligte sekwestrasie en die uitleg van artikel 8(D) van die insolvensiewet
(NWU OPAC, 2009) -
Volhoubare ontwikkeling, omgewingskonstitusionalisme en die oppergesag van die reg vir die omgewing : 'n grondwetlike beskouing
(Litnet Akademies, 2014)Volhoubare ontwikkeling bly die wyds aanvaarde konseptuele hulpmiddel om die wêreldsamelewing die moeilike groei- en ontwikkelingsdoolhof te lei. Maar net soos in die res van die wêreld oorheers die politiek en neoliberale ... -
Vonnisbespreking : 'n perspektief op die impak van die Mineral and Petroleum Resources Development Act 28 van 2002 op voorheen bestaande regte
(Litnet Akademies, 2014)The skewed race-based land distribution patterns which characterised pre-1994 South Africa also found full expression in access to, and the allocation and use of, minerals in South Africa. The Constitution of the Republic ... -
Vonnisbespreking: Implementering van die internasionale strafhof se lasbriewe vir die inhegtenisname van die Soedannese president Omar Hassan Ahmad al-Bashir
(LitNet, 2016)On 15 March 2016 the supreme court of appeal (SCA) confirmed the high court's earlier judgment in which it held that the government had breached its obligations under the Rome Statute and the Implementation Act by failing ... -
Water and the public trust doctrine - a South African perspective
(North-West University (Vaal Triangle Campus), 2008)The legal principles concerning rights to water have been changed considerably by the provisions of the National Water Act 36 of 1998. The National Water Act aims to redistribute water rights to previously disadvantaged ... -
Water Security and the Right to Water in Southern Africa: An Overview
(2017-01-05)The Southern African region's water-related problems are quite diverse. From the struggles of indigenous communities in Botswana to the cholera outbreaks in Zimbabwe; from the difficulties of poor communities in accessing ... -
Werknemers as lasgewende ouers in surrogasie-aangeleenthede: die geboorte van nuwe verlof-behoeftes in Suid-Afrika
(2017)Commissioning parents, in terms of a surrogacy agreement, have the same parental obligations towards their child as traditional parents. Yet, despite the legitimising of surrogacy in the Children’s Act 38 of 2005, no ... -
Who "owns" the country's mineral resources? The possible incorporation of the public trust doctrine through the Mineral and Petroleum Resources Development Act.
(Juta & Company Ltd., 2008)"Mineral and petroleum resources are the common heritage of all the people of South Africa and the state is the custodian thereof for the benefit of all South Africans."' This section can be regarded as one of the most ... -
Why should the South African Constitutional Court consider German sources? Comment on Du Plessis and Rautenbach
(German Law Journal (GLJ), 2013)No abstract available -
Women, mining and the law
(Nelson Mandela Metropolitan University, 2016)At a recent colloquium of the University of Cape Town's Mineral Law in Africa's initiative1 the position of gender and mining were discussed. The discussion raised many issues pertaining to women's position in relation to ... -
Zimbabwe's 'look East' policy : a socio-legal perspective
(VerLoren Van Themaat Centre / UNISA Press, 2015)The studies of the relations between China and Zimbabwe, as with other studies of Chinese relations with African states, have focused largely on the socio-economic and political aspects thereof. There has not been a ...