Faculty of Law: Recent submissions
Now showing items 161-180 of 909
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Private regulation in the context of international sales contracts
(University of the Western Cape., 2021)This article argues that modern international sales law has a hybrid character as it increasingly makes provision for interfaces between public and private, State and non-State, hard and soft , law. Although private forms ... -
Who are “the people” in the German constitution? A critique of, and contribution to, the debate about the right of foreigners to vote in multilevel democracies
(2021)Democracy means power to the people, but it is not always clear who belongs to "the people". The question has become pertinent in the age of migration where large groups of foreigners permanently reside outside their ... -
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 ... -
Leveraging the local administration to engender access to justice in Kenya: the case of Mukuru Kayaba Informal Settlement, Nairobi County, Kenya
(2021)Constitutional change in Kenya has opened up spaces of contestation of rights for citizens. However, marginalisation of certain segments of the population remains a key constraint to achieving universal protections. A lack ... -
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 ... -
The institution of traditional authority in Okombahe, Erongo Region of Namibia: can the institution be reconciled with democratic values of justice?
(2021)The purpose of the article was to explore the roles and functions of the institution of traditional authority in contributing to access to justice or providing a form of justice through the preservation of customary law ... -
The South African redistribution imperative: Incongruities in theory and practice
(Cambridge University Press, 2021)It has partly been assumed that the constitutional obligation to pay compensation for expropriations is to blame for the slow pace at which land has been redistributed in South Africa. However, this assumption requires ... -
The right to education of the refugee girl affected by armed conflict in Kenya: insights from the jurisprudence of the African Committee of Experts on the Rights and Welfare of the Child
(2021)The African Charter on the Rights and Welfare of the Child provides for the protection of children in all environments. Areas that have experienced armed conflict have made the child susceptible to human rights violations ... -
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 ... -
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 ... -
What gender legislative reforms have meant for women in South Africa
(2021)South Africa is a much better place to live in today than before 1994. Having witnessed a largely peaceful transition from a pariah apartheid State to a democratic State where equality is guaranteed before the law, the ... -
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 ... -
“Talk to my father”: re-thinking social exclusion and access to justice in the context of bridewealth negotiation
(University of the Western Cape, 2021)Broadly, the concept of social exclusion denotes a condition in which peopie are unabie to voice their opinion freeiy and fuiiy in matters affecting their iives. It often manifests as unequai respect for, and protection ... -
Cyber-laundering and the future of corruption in Africa
(University of the Western Cape, 2018)Corruption has been given considerable attention as one of the major causes of the socio-economic ills that plague Africa. Statistics reveal that staggering amounts of money are lost annually to corruption. Many discussions ... -
Section 9b of the protected disclosures amendment act 5 of 2017: Discouraging whistleblowing in South Africa?
(University of the Western Cape, 2018)The Protected Disclosures Act 26 of 2000 provides protection for individuals who blow the whistle on corrupt activities in South Africa. The Protected Disclosures Amendment Act 5 of 2017 widens the scope of the original ... -
Arbitration and corruption: A toolkit for arbitrators
(University of the Western Cape, 2021)In international commercial or investment arbitration proceedings, the appointed arbitral tribunal may suspect or one of the parties may allege that corruption, especially in the form of foreign public bribery, has ... -
Bitcoin regulation? Imperfect knowledge of identities and the money laundering risk: A West African perspective
(University of the Western Cape, 2018)Arguments for regulating Bitcoin are built mainly on the technologically disruptive nature of the currency and its susceptibility to facilitating financial crimes on a scale larger than financial institutions. This paper ... -
The threat of trade-based money laundering To the African continental free trade area
(University of the Western Cape, 2018)Africa has dedicated considerable effort to establishing a Continental Free Trade Area to facilitate intra-African trade and deepen economic integration. However, the liberalisation and facilitation of trade on the ... -
Transnational economic crime: The example of “gold laundering”
(University of the Western Cape, 2018)Allow me first to thank the organisers of this conference for affording me the honour of giving this opening speech. The issues which the conference is addressing indeed are closely interlinked. Corruption almost always ... -
Abusing the accused? Unpacking the use of entrapment in Uganda’s fight against corruption
(University of the Western Cape, 2018)In Uganda, an accused person enjoys a right to a fair trial. It is a requirement that the circumstances surrounding the collection and admission of evidence do not violate this right. This article argues that the use of ...