Browsing Faculty of Law by Title
Now showing items 303-322 of 385
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Responsibilities of companies towards employees
(2015)Central to company law is the promotion of corporate governance. An important question in company law still today is in whose interest the company should be managed. Corporate governance needs to address the entire span ... -
Responsible unionism during collective bargaining and industrial action: are we ready yet?
(University of Pretoria, 2015)Vakbonde speel nie net 'n belangrike rol in die kollektiewe bedingingsproses (ingesluit nywerheidsaksie) nie maar ook in die breër ekonomie en samelewing. Daar word dus verwag van vakbonde om nie net verantwoordelik op te ... -
Rethinking global environmental law and governance in the Antrhopocene
(Taylor & Francis, 2014)The word Anthropocene describes a new geological epoch that follows the Holocene epoch. It is the signifier of the period in which people have a devastating and overwhelming impact on the earth and its systems. The ... -
Rethinking terra nullius and property law in space
(2015)With a new era dawning with regard to access to space and an increase in the number of nations capable of reaching and exploiting space, the field of space law as a whole needs to be re-evaluated. One such area where current ... -
Rethinking the language of constitutional comparison
(Taylor & Francis, 2017)While constitutional comparatists may be talking the same language while saying (or thinking) different things, the significance of constitutional communication and more importantly of comparative endeavours may suffer ... -
Rethinking the regulation of environment impact assessment and precaution in Mauritius
(SOAS University of London, 2017)As a small island developing state, Mauritius needs to manage its natural assets with a precautionary approach, especially as the tourism industry is one of the main pillars of its economy. While the precautionary principle ... -
Rethinking the role of development banks in climate finance: Panama's Barro Blanco CDM project and Human Rights
(SOAS University, 2016)Development banks are key actors in climate finance. During the last decades, they have increased the funding of climate change related projects, especially those under the Clean Development Mechanism (CDM). Defined in ... -
Rethinking violence, reconciliation and reconstruction in Burundi
(ER- Potchefstroom Electronic Journal, 2015)Armed violence and genocide are among the on-going problems that are still facing contemporary Africa and the world. In the aftermath of the outrages, devastation and appalling carnage of the Second World War, member states ... -
Revisiting an old friend: what constitutes "a matter of mutual interest" in relation to a strike? A tale of two recent cases Pikitup (SOC) Ltd v SA Municipal Workers Union on behalf of Members (2014) 35 ILJ 983 (LAC); and Vanachem Vanadium Products (Pty) Ltd v National Union of Metal Workers of SA Case No J 658/14
(Nelson Mandela Metropolitan University (NMMU), 2015)The purpose of the Labour Relations Act 66 of 1995 (the LRA) is to advance economic development, social justice, labour peace and democratization of the workplace (s 1 of the LRA). The primary objects of the LRA, inter ... -
The right of access to adequate water [discussion of Mazibuko v The City of Johannesburg Case no 13865/06]
(Juta & Company Ltd., 2008)The Constitution of the Republic of South Africa, 1996 guarantees everyone the right to access to adequate water and places an obligation on the state to take reasonable measures, within its available resources, to achieve ... -
The right of child victims of armed conflict to reintegration and recovery
(NWU, 2012)Article 39 of the Convention on the Rights of the Child provides for the right to recovery and reintegration of child victims of armed conflict. In this publication an explanation is tendered of when children are considered ... -
The right of the child to care and constitutional damages for the loss of parental care: some thoughts on M v Minister of Police and Minister of Police v Mboweni
(2015)In the a quo judgment in M v Minister of Police a radical new approach was followed in respect of claims for loss of parental care. The issue before court was whether a child whose parent has died as a result of the wrongful ... -
The right to say “I don’t”: the reception of the action for breach of promise
(Universiteit van Pretoria, 2013)Die reg om “Nee” te sê: die resepsie van die aksie vir troubreuk Hierdie artikel speur die ontwikkeling en aard van die aksie vir troubreuk na van sy Romeinse oorsprong af deur die Kanonieke-, Engelse- en Romeins-Hollandse ... -
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 ...