Faculty of Law: Recent submissions
Now showing items 101-120 of 909
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The effects of reporting on the realisation of children’s rights in Central Africa
(Pretoria University Law Press, 2020)State reporting is an integral part of the obligations to respect, protect, promote and fulfil children’s rights as set out in global and African human rights instruments, that is, the United Nations Convention on the ... -
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), ... -
An analysis of the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession : a South African case study
(Obiter, 2021)This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South ... -
Confiscation of proceeds of crime in Vietnam: improving the legal framework
(2021)Purpose – The purpose of this paper is to analyze the Vietnamese laws and practices concerning the confiscation of proceeds of crime, especially in view of Vietnam’s obligations to meet the international standards on ... -
An Analysis of the Right of Muslim Adopted Children to Inherit from their Deceased Parents in terms of the Law of Succession: A South African Case Study
(Juta, 2021)This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic ... -
On equating ‘mays’ with ‘musts’: When can a discretionary power be interpreted as a mandatory one?
(Juta, 2021)In this article I investigate when the otherwise permissive term 'may' in an empowering provision can be interpreted as imposing a duty on the recipient of that power to act. In the first part, I examine our courts' ... -
An analysis of the contribution of the African human rights system to the understanding of the right to health
(African Human Rights Law Journal, 2021)The right to health is one of the important rights guaranteed in international and regional human rights instruments. Over the years the content and nature of this right have evolved through the works of scholars and ... -
Carpe Pecuniam: Criminal forfeiture of tainted legal fees
(Pretoria University Law Press, 2020)A person charged with money laundering has a right to legal representation and a lawyer is entitled to defend such person. What if the lawyer is paid with dirty money? This paper explores the legal status of tainted ... -
The interaction between family law, succession law and private international law: An introduction
(Intersentia, 2021)At the national level, the rules of substantive family and succession law work with private international law rules created specifically for these substantive laws. Hence, there cannot be any question that there is an ... -
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 ... -
The African children’s charter at 30: What implications for child and family law?
(Intersentia, 2021)This chapter examines the progress made and the difficulties encountered in the implementation of the African Charter on the Rights and Welfare of the Child (hereinafter the Charter) in the areas of children's rights and ... -
Children’s rights and parental authority: African perspectives
(Routledge, 2021)Traditionally, children in African societies were raised communally, with extended family members playing a vital role in child rearing and care. Social reality is playing a formative role in relation to family law and ... -
Thirty years of the CRC in Africa
(Routledge, 2021)This chapter reviews 30 years of the Convention on the Rights of the Child in Africa. It notes that there has been significant upgrading and modernisation of child law throughout the continent, notably in child protection ... -
Confronting apartheid. A personal history of South Africa, Namibia and Palestine, John Dugard
(Juta, 2021)John Dugard is a household name in the law of South Africa. Perhaps even before that, but certainly since his inaugural lecture was published fully 50 years ago (see 'The judicial process, positivism and civil liberty' ... -
Human rights and the transformation of property. By Stuart Wilson
(Juta, 2021)A book devoted to the transformation of law, in this case property law, which is published in South Africa is cause for celebration. Such a work devoted to South African law is rarer than the proverbial dentures of a hen. ... -
An analysis of the right of a muslin child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession: A South African case study
(ASSAf, 2021)This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South ... -
An analysis of the right of a Muslim spouse to claim pension interest subsequent to divorce: A South African case study
(University of Zurich, 2021)Section 37D(1)(d)(i) of the Pension Fund Act 24 of 1956 enables a divorced spouse to claim pension interest from the pension fund organisation of his or her former wife or husband if certain requirements are met. This ... -
An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study
(Juta, 2021)This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic ... -
Towards equality for women with disabilities in South Africa: The implementation of articles 5 and 6 of the convention on the rights of persons with disabilities South Africa: The implementation of articles 5 and 6 of the convention on the rights of persons with disabilities
(2021)The United Nations Convention on the Rights of Persons with Disabilities provides for various rights that must be prioritised by states parties which have signed and ratified it, with particular emphasis on the right to ...