Browsing Research Articles (Faculty of Law) by Title
Now showing items 110-129 of 432
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The disclosure of the identities of anonymous minors upon the age of majority: clean slate or dismal fate?
(LitNet Akademies, 2016)The identity of minors (juveniles under the age of 18 years) is protected during court proceedings. However, when they turn 18, their identities are no longer withheld by the courts and the media. This article examines two ... -
A discourse on the plight of South African women in the face of abuse and neglect
(University of the Western Cape, 2021)An upsurge in the rate of violence against women has an adverse effect on women in South Africa. Sadly, many South African women who are the victims of violent sexual conduct, such as, rape and other forms of violent sexual ... -
Diversion in the South African criminal justice system: emerging jurisprudence
(Juta Law, 2015)On 1 April 2010 the South African Child Justice Act (CJA or the Act) commenced. The long title of the Act states, inter alia, that the purpose of the Act is 'to establish a criminal justice system for children, who are in ... -
Does the differential criterion for vesting parental rights and responsibilities of unmarried parents violate international law? A legislative and social study of three African countries
(Cambridge University Press, 2011)The right to non-discrimination for all children is established in international human rights law. International children's rights law further provides for the common responsibility of parents for the maintenance of their ... -
Domestic courts and the promotion and protection of the right to freedom from torture in Southern African development community countries
(University of Fort Hare, 2013)The right to freedom from torture is protected not only in the constitutions of all SADC countries but also in some of the regional and international human rights instruments that have been signed, ratified or acceded to ... -
Domesticating international standards of education for children with intellectual disabilities: a case study of Kenya and South Africa
(Pretoria University Law Press, 2011)International law approaches the right to education for children with disabilities in a rather generic way. This means that the rights of children with intellectual disabilities have to be gleaned from the general ... -
Don't shout too loud: Reflections on the outrage against human and child trafficking
(Institute for Security Studies (ISS), 2010)Human and child trafficking is regarded as an international crime and serious human rights violation. However, the clandestine and transnational nature of trafficking makes it extremely difficult to apprehend or prosecute ... -
Driven Out of Paradise: Illicit Financial Flows and Offshore Leaks
(University of the Western Cape, 2018)Illicit financial flows and recent offshore leaks constitute the topic of this article. As regards illicit financial flows, the focus is on two countries: Switzerland as an example of a country from the North, and South ... -
Dubai: Conflict gold, money laundering and illicit global trade
(University of Western Cape, 2019)This article considers the role that the UAE and, in particular, Dubai has played in the trade in gold between Asia, Europe and Africa. In the 21st century, Dubai has emerged rapidly as one of the focal points in the ... -
A dutiful child: the implications of Article 31 of the African Children's Charter
(Cambridge University Press, 2008)Each right has a corresponding duty. The African Children's Charter, under article 31, imposes a range of duties on children. Understandably, it could become contentious when an instrument on the rights and ... -
Editorial: fate greylisting: time to revisit the approach
(Emerald Publishing, 2024)The FATF’s non-compliant country and territory “naming and shaming” process of 2000–2006 (FATF, 2007), coupled with its mutual evaluation scheme and methodology introduced in 2002 (Kyriakos-Saad, 2005), provided a firm ... -
Editorial: Towards meaningful action against proliferation financing
(Journal of Money Laundering Control, 2023)Background: The financial action task force (FATF) standards are designed to combat money laundering, terrorist financing and proliferation financing. Threats of Russian employment of nuclear weapons in its conflict with ... -
The effect of the 2011 Arab uprising in the Middle East and North Africa (Mena region): Morocco’s quest for constitutional reform and the 20 February Movement
(University of the Western Cape, 2021)Historically, Morocco experienced widespread political repression during the 1970s through to the early 1990s. Through its exploitations, the monarchy regime repressed any claims aimed at challenging its authoritarian form ... -
Embracing risky refuge: Women, land laws and livelihood vulnerabilities in rural Kenya
(2021)There has been a growing interest in laws governing resources particularly land in reference to gender in Africa. Law reforms in relation to land have produced potentially useful regulations and espoused egalitarian land ... -
An empirical analysis of class actions in South Africa
(2020)As far as the author is aware, there has not been an empirical analysis of class actions in South Africa since the introduction of the mechanism by the interim Constitution of 1993 more than 25 years ago. There is no ... -
The enforceability of incorporated term in electronic agreements
(University of Fort Hare, 2013)This article seeks to evaluate the validity of different methods of incorporating terms into electronic agreements, and to what extent the use of these different methods may influence the enforceability of the incorporated ... -
Engendering access to environmental justice in Nigeria’s oil producing areas
(University of the Western Cape, 2021)This article interrogates engendering access to environmental justice in Nigeria's oil producing areas and its connection with poverty and disempowerment of women. Women already suffer from the fact that access to justice ... -
Engendering access to justice for development in SubSaharan Africa: a study of policy, programming and implementation
(University of the Western Cape, 2021)Building on the book "Gender, poverty and access to justice: policy implementation in Sub-Saharan Africa" (Lawson, Dubin and Mwambene (eds) (2020), this special volume of essays is the result of the Conference in Cape Town ... -
Equality and Advantage in Emerging Federations and the Dilemma of Non-Renewable Natural Resources: The Cases of the Solomon Islands and Trinidad and Tobago
(Brill, 2021)In many fragmented societies, where identifiable groups are clustered in distinct territorial areas, conflict often revolves around ownership, control and access to the benefits of non-renewable natural resources (nrnr s), ... -
Equality before the law and the recognition of same-sex foreign marriages in Namibia: Digashu and another v GRN and others; Seiler-Lilles and another v GRN and others [2023] NASC 14
(SAGE Publications Ltd, 2023)Article 10(1) of the Constitution of Namibian provides for the right to equality before the law. Article 10(2) prohibits discrimination on several grounds. The Constitution of Namibia, unlike that of South Africa (1996), ...