Browsing Faculty of Law by Title
Now showing items 249-268 of 902
-
Entrenching decentralisation in Africa: A review of the African charter on the values and principles of decentralisation, local governance and local development
(Springer Verlag, 2018)The African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (African Charter on Decentralisation) in 2014. The Charter seeks to promote ... -
The environment and the Sustainable Development Goals: ‘We are on a road to nowhere
(Edward Elgar, 2018)The 17 Sustainable Development Goals (SDGs) collectively embody the global stance on the economic, social and environmental actions needed to achieve sustainable development. With reference to the environmental component ... -
EPRDF’s ‘menu of institutional manipulations’ and the 2015 regional elections
(Regional & Federal Studies, 2018)Ethiopia is generally considered to have ‘a dominant party authoritarian’ system in which the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF), along with its affiliates, enjoy electoral dominance. This contribution ... -
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), ... -
‘Equally unequal or unequally equal’: Adopting a substantive equality approach to gender discrimination in Nigeria
(SAGE Publications, 2017)The purpose of this article is to critically assess the approach of Nigerian courts to interpreting section 42 of the Constitution. This article argues that Nigerian courts are yet to develop a substantive equality approach ... -
Equity
(Oxford University Press, 2021)This chapter critically analyses the notion of equity in international environmental law. It begins by discussing the meaning of equity in international law and briefly reflecting on familiar examples of the manifestation ... -
Erfregtelike onwaardigheid: Enige lesse te leer vir die Suid-Afrikaanse reg uit die Nederlandse reg?
(Juta, 2012)The regulation of unworthiness to inherit in Book 4 of the (new) Dutch Civil Code (2003) occasioned numerous interpretation and application challenges to Dutch courts, notaries and inheritance scholars. These challenges ... -
The essence vindicated? Courts and customary marriages in South Africa
(Pretoria University Law Press, 2017)This article describes different approaches in which courts have determined the validity of customary marriages under the Recognition of Customary Marriages Act in order to address the historical injustices of vulnerable ... -
Ethical and legal implications of whole genome and whole exome sequencing in African populations
(BioMed Central, 2013)BACKGROUND: Rapid advances in high throughput genomic technologies and next generation sequencing are making medical genomic research more readily accessible and affordable, including the sequencing of patient and control ... -
Ethiopia: Legal response to Covid-19
(Oxford University Press, 2021)The Constitution of the Federal Democratic Republic of Ethiopia (FDRE),1 which was promulgated in 1995, is the supreme law of the country which, among other things, defines the Ethiopian state and government structures.2 ... -
Ethnic federalism and internal minorities: the legal protection of internal minorities in Ethiopia
(Edinburgh University Press, 2013)Not a single federal arrangement has been successful in demarcating the territorial matrix of the federation into separate ethnically defined territorial units. The decade-old federal experiment in Ethiopia is no exception ... -
A European compass for transporting personal data on the new silk road
(Oxford University Press, 2020)In the new era of Open Science, the European Union strongly promotes that all sorts of data should be able to roam freely within the academic world (LERU 2018). A free flow of data enables researchers to not only check ... -
Evaluating the jurisprudence of the African Commission on evidence obtained through human rights violations
(University of Pretoria, 2020)The normative framework of the African Commission, which regulates the admission of evidence obtained through human rights violations, is largely based on a number of instruments. These include the Tunisian Resolution, the ... -
Evaluating the role of the African committee of experts on the rights and welfare of the child in the Covid-19 era: Visualising the African child in 2050
(University of Pretoria, 2021)Africa has gained much traction in recognising the rights of the child with an emphasis on his or her holistic environments. Three general environments that affect a child are identified: first, a peaceful environment ... -
An evaluation of Kenya’s parallel legal regime on refugees, and the courts’ guarantee of their rights
(University of the Western Cape, 2017)This article evaluates the existence of a parallel refugee regime in Kenya. The Executive decides on policies and oversees the enactment of laws to regulate the inflow of refugees under the encampment policy. The Judiciary ... -
An evaluation of the adequacy of the African charter on the rights of the child concerning economic crimes in armed conflict
(University of Western Cape, 2020)Statistics indicate that at least one in every four African children lives in a conflict zone. Six of the ten worst countries for children to grow up in, or live in, are in Africa: the Central African Republic, the ... -
An evaluation of the adequacy of the African charter on the rights of the child concerning economic crimes in armed conflict
(University of the Western Cape, 2020)Statistics indicate that at least one in every four African children lives in a conflict zone. Six of the ten worst countries for children to grow up in, or live in, are in Africa: the Central African Republic, the Democratic ... -
Eviction process in Nigeria: the need for meaningful engagement
(Commonwealth Law Bulletin, 2018)The important process of meaningful engagement with persons affected by eviction has been greatly under-utilised in Nigeria and this leaves the victims in a dire situation as their yearnings are hardly met. Having regard ... -
Evictions in South Africa during 2014: An analytical narrative
(ESR Review : Economic and Social Rights in South Africa, 2015)The South Africa Constitution and pertinent legislative frameworks recognise the right of access to housing. This right extends to people who live in informal settlements, where they erect shacks and other structures. These ... -
Evidence obtained through violating the right to freedom from torture and other cruel, inhuman or degrading treatment in South Africa
(Pretoria University Law Press (PULP), 2015)Although South African courts have expressly held that any evidence obtained through torture is always inadmissible, the author is unaware of a decision from a South African court to the effect that evidence obtained through ...