OpenUCT Home
→
Theses / Dissertations
→
Masters
→
Browsing Masters by Faculty

Browsing Masters by Faculty "Faculty of Law"

Now showing items 1-20 of 1043

Next Page

1. When to cry, "Sham!" 2. Residence of a trust as defined by its place of effective management

Author: Stephens, Anthea Louise Date: 2013 Read more
3D-printing : a new challenge for intellectual property?

Author: Fuhrmann, Thomas Date: 2015 The most important rights, which state such a balance between these two parties, are the rights of intellectual property. Thus, an important question is to what extent 3D-printing conflicts with intellectual property rights. In general, ... Read more
A 'harvest' in Malawi: the position of albinism in Refugee Law

Author: Bota, Jenala Date: 2020 The albinism community in Malawi has been faced with gruesome human rights violations for the past decade. These violations have included, assaults, kidnapping, mutilations, and murder. The cause of such violations is that the community of ... Read more
A case study of whether South Africa's foreign policy with Zimbabwe and China is informed by its constitutional and international human rights obligations

Author: Madima, Reshoketswe Date: 2020 South Africa is a country that in the past has experienced gross human rights violations, and therefore has sought never again to have such violations. The government has sought to protect people's human rights by including them in the country's ... Read more
A Comparative Analysis of Legal Frameworks for Investments in Africa by China and the European Union

Author: Hügens, Jonathan Date: 2020 This thesis presents a comparative analysis of the legal investment frameworks of the European Union and China in African countries. The thesis reviewed financial instruments of foreign direct investments, official development assistance and ... Read more
A comparative analysis of shareholders' appraisal rights in Nigeria and South Africa

Author: Eniola, Abimbola Date: 2019 First, this study stems from the urge to bring clarity as to whether, in Nigeria, there is a statutory framework based on which shareholders can seek appraisal in relation to their shares at any point in time. This is significant in that the ... Read more
A comparison between the manner in which court will second-guess the exercise of a private contractual power, on the basis of public policy, and the manner in which court will second-guess the exercise of public power, on the basis of rationality

Author: Du Plessis, James Date: 2021 This thesis considers and compares the standards against which Courts in South Africa review the exercise of private contractual power, on the basis of public policy, and the standards against which Courts in South Africa review the exercise ... Read more
A comparison of the substantive aspects of impermissible tax arrangements under South Africa's General Anti-Avoidance Rule and the Principal Purpose Test with specific reference to the examples found within the 2017 OECD Model Tax Convention

Author: Zebert, Bradley Arthur Date: 2021 The Organisation for Economic Cooperation and Development released the 2017 Model Tax Convention on Income and on Capital (hereafter "Convention") which contains a Principal Purpose Test under article 29(9). The practical application of this ... Read more
A critical analysis of section 6(4) of the Employment Equity ACT: is it likely to achieve its stated objectives?

Author: Maharaj, Pranisha Date: 2019 This dissertation presents a critical analysis of section 6(4) of the Employment Equity Act 55 of 1998 (“EEA”) and seeks to address the question of whether it is likely to achieve its stated objective of giving effect to the constitutional ... Read more
A critical analysis of statutory deeming in the context of the interaction between South Africa's controlled foreign company regime and model-based bilateral tax treaties

Author: Daniels, Imran Date: 2020 Fiction in domestic tax law is a peculiar legal construct. Set in contradiction, the result is plainly counter-factual. The question arises as to what the fiction means when constructed in the context of tax treaties? This minor dissertation ... Read more
A critical analysis of the Delay Rule in South African Administrative Law post State Information Technology Agency Soc Limited v Gijima Holdings (PTY) Limited

Author: Basini-Gxokonyeka, Nosicelo Natasha Date: 2022 The State Information Technology Agency's (SOC) Limited v Gijima Holdings (Pty) Ltd was seminal in establishing that the Promotion of Administrative Justice Act, 2000 is not available to an organ of state wishing to set aside its own decision ... Read more
A critical analysis of the implications of the fourth industrial revolution on tax regulation: relevance of the robot tax debate in South Africa from a developing country perspective

Author: James, Evidence Date: 2020 The world is experiencing a paradigm shift exhibited by the unprecedented convergence of the biological, physical, and technological environments. This paradigm shift, occasioned by the Fourth Industrial Revolution (4IR), is transforming the ... Read more
A Critical and Comparative Analysis on the Effect of Business Rescue on Creditors’ Rights against Sureties

Author: Tsangarakis, Andreas Date: 2018 Business rescue proceedings have been introduced into South African company law under chapter 6 of the Companies Act 71 of 2008. The United States Chapter 11 bankruptcy model was closely consulted by the legislature when drafting chapter 6. ... Read more
A critical assessment of the conciliation hearing in Germany and South Africa from a comparative point of view

Author: Ilies, Ines Date: 2022 This work gives an overview of the resolution of individual labour disputes through conciliation in Germany and South Africa. In a rapidly evolving labour environment, parties have an increased interest in obtaining legal clarity on the outcome ... Read more
A critical discussion of the collective bargaining provisions in Labour Relations Act 66 of 1995

Author: Marinus, Grant Brett Date: 1996 The Labour Relations Act of 1995, hailed as an achievement to rank in importance alongside the Industrial Conciliation Act of 1924, remains the legal punchbag of the nineties. Despite its hurricane passage through NEDLAC and Parliament, the ... Read more
A critical reflection on the judgement of the federal constitutional court of Germany on the European central bank's public sector purchase programme: ultra vires review and the primacy of European Law

Author: Rademann, Philipp Date: 2022 The financial politics of the European Union (EU) have been highly debated ever since the 2008 crisis, which left some European countries in financial turmoil. One part of the European financial policy has been the purchase of government bonds ... Read more
A current assessment of the Hamburg rules

Author: Huber, Max Date: 1997 Trade has been booming. The WTO ( World Trade Organisation) estimated that world trade in goods grew 8 % in volume terms last year, this being four times the growth of world GDP (Gross Domestic Products). During the 1990s international trade ... Read more
A Discussion On The African Continental Free Trade Area And Competition

Author: Nkomo, Charity Date: 2019 According to Olasupo Owoeye, as the world is becoming increasingly globalized, it is difficult for some regions, for example, the African continent, to become competitive in the global market because of their overly protectionist measures1 . ... Read more
A dissection of the Protection, Promotion, Development and Management of indigenous Knowledge Systems Act 6 of 2019: substantive issues and foreseeable consequences for creative industries in South Africa

Author: Zondi, Nokwanda Bathabile Date: 2021 Indigenous knowledge is a broad term that is used to describe various knowledge systems that are intimately linked with traditional communities.1 It is communicated orally and stored in the memories of people belonging to traditional communities; ... Read more
A new sphere of vigilantism in South Africa in the age of social media? Operation Wanya Tsotsi- an analysis of prospects for collaboration with the Police

Author: Kral, Svenja Julie Date: 2021 There are many studies in South Africa that have analysed the definition of vigilantism with a focus on the historical background of the apartheid era. However, research in the field of vigilantism in South Africa has been lacking since the ... Read more

Now showing items 1-20 of 1043

Next Page

Browse

All of OpenUCT
This Collection
- By Date
- Authors
- Titles
- Subjects
- Department
- Faculty