Law
Recent Submissions
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The public domain and the legal protection of Indigenous Knowledge Systems
(North-West University (South Africa)., 2023)IKS stakeholders often debate the divide between indigenous and other knowledge systems. IP rightsholders seek advice on how they can strengthen and secure their proprietary rights or broaden the public domain, while ... -
A comparative statutory analysis of the collaboration and cooperation between the South African Reserve Bank and other financial regulatory bodies under the Financial Sector Regulation Act 9 of 2017
(North-West University (South Africa)., 2023)The promotion, protection, maintenance and enhancement of financial stability and market integrity in South Africa relies on effective and adequate cooperation and collaboration arrangements between the South African ... -
Intercountry adoption and the South African child's right to culture
(North-West University (South Africa)., 2023)For a long time, South African children have been preferred for inter-country adoption over in-country adoption or local alternative child-welfare systems. The child's cultural right has often been interpreted to be ... -
Maritime cybersecurity Risk Management in the Fourth industrial revolution
(North-West University (South Africa)., 2023)"No abstract" -
Protection from liability : force majeure events in international contracts
(North-West University (South Africa)., 2023)Each of the contracting parties are instinctively under the impression that the other party will perform their obligations in terms of the contract faithfully and satisfactorily.1 Despite this assumption, the possibility ... -
Evaluating the development of patent protection afforded to pharmaceutical products under the Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994 as amended on 23 January 2017
(North-West University (South Africa)., 2023)The rate of globalisation is increasing, and the rate of pandemic-causing viruses is rising alongside it. Since the commencement of international travel, from ancient merchant ships carrying different strains of plague, ... -
A Critical Analysis of the Role of Administrative Action in the Customs and Excise Act 91 of 1964
(North-West University (South Africa)., 2023)"No abstract" -
Examining the legal protection of illegal immigrants under South African labour law
(North-West University (South Africa)., 2023)Illegal labour migration remains a persistent issue in South Africa, as it has challenged and reshaped the South African labour law from previously what it was. The infamous decision of Discovery Health and Kylie cases ... -
The elimination of discrimination against women in the composition of company boards by application of the King IV Report on Corporate Governance
(North-West University (South Africa)., 2023)"No abstract" -
Exploring the legal complexities of the reparations mandate of the International Criminal Court under Article 75(1) and (2) of the Rome Statute: a jurisprudential critique
(North-West University (South Africa)., 2023)The traditional approach to ensuring justice for victims of serious crimes has always been about the prosecution and punishment of perpetrators. The adoption of the Rome Statute of the International Criminal Court in ... -
The recognition of euthanasia and physicianassisted suicide in South African law
(North-West University (South Africa)., 2023)This study assesses the current legal position of euthanasia and physician-assisted suicide in South Africa and the possibility of legalizing the two practices. Currently, the legal position of euthanasia and physician-assisted ... -
A critical analysis of labour leg islation on sexual harassment in the workplace
(North-West University (South Africa)., 2023)There is a recurring problem of sexual harassment in South African workplaces. The disclosures in 2017 and 2018 social media campaign of “#MeToo #Notokay #NotInMyName” demonstrates that there is a high rate of sexual ... -
An analysis of judicial functions of traditional leaders in South Africa
(North-West University (South Africa)., 2023)Traditional leadership has played a vital role in establishing social cohesion, peace, and harmony in communities for a long time. Traditional leaders resolve disputes through traditional courts (makgotla or inkundla), as ... -
A statutory analysis of business rescue for Small and Medium Enterprises in South Africa
(North-West University (South Africa)., 2023)Small and Medium Enterprises (SMEs) are contributing positively to South Africa’s socio-economic development. They are eradicating poverty by providing skills and job opportunities to the citizens of South Africa. However, ... -
The offence of rape as a crime against humanity : insights from the United Nations ad hoc tribunals
(North-West University (South Africa)., 2023)The 20th century marks a significant stride in the development of the offence of rape in international law. The change in perception reflected the shift mainly from viewing rape as “the spoils of war” to the grave crime ... -
E-hailing and delivery service workers : employees or independent contractors?
(North-West University (South Africa)., 2023)South-African labour legislation provides comprehensive protection to employees in terms of, amongst others, the Basic Conditions of Employment Act 75 of 1997 and the Labour Relations Act 66 of 1995. Those workers who do ... -
The legal autonomy of municipalities in energy governance in South Africa
(North-West University (South Africa)., 2023)South Africa is beset with energy challenges as a result of contemporary problems such as urbanisation, climate change and governance issues. Due to these challenges, South Africa contends with energy (in)security and ... -
A constitutional law perspective on structural poverty in South Africa
(North-West University (South Africa)., 2023)Poverty in South Africa is rampant and widespread, and structural in nature. It has persisted after the political transformation of 1994, and has burgeoned and worsened since this time, notwithstanding the constitutional ... -
Cultural violence : a South African legal perspective on the practice of child sacrifice
(North-West University (South Africa)., 2023)Across all ages, religious practices all over the world have included some form of sacrifice to atone for wrongdoing or to ask for blessings, the most common sacrifice being animal sacrifices. Over the years, some societies ... -
An investigation of incompatibility as a valid ground for dismissal in South African labour law : a critical appraisal of global best practices
(North-West University (South Africa)., 2023)Section 188 of the Labour Relations Act 66 of 1995 gives cognisance to misconduct and incapacity due to poor performance or ill health and/or injury and the employer's operational requirements as valid grounds for dismissal ...