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  1. Home
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Browsing by Author "Kalula Evance"

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    A comparative study of China's foreign direct investment in Africa: regulation, policy, and legal cooperation
    (2023) Lefifi, Tebogo; Ordor, Ada; Kalula Evance
    A new era of Africa-China legal cooperation in Foreign Direct Investments (FDI) was inaugurated following the successful founding of The Forum on China Africa Cooperation (FOCAC) in 2000. In 2015, China became a capital exporter and adopted a new global strategy to reverse the hegemony comprising norm-making and advising law reforms in developing countries. However, a comprehensive approach is still lacking to determining and understanding the potential impact and influence of China's outbound FDI (OFDI) policy, laws and regulations on Africa's economic development agenda and legal environment. Previous research has interpreted China's increasing outward foreign direct investment OFDI as a byproduct of China's market- or resource-seeking agenda and failed to consider the legal aspects of the relationship. Contrarily, this study argues that China's OFDI influence introduces a novel type of south-south legal transplant that will shape prospective African legislative initiatives, ideologies, and norms. By examining China' legal transplant experience and FDI governance model ideology, this research aims to provide a comprehensive understanding of China's influence on Africa's future legal reforms. The analysis explicitly explores Africa's transplant of China's cyber sovereignty governance model. The study utilises a desktop research study methods using a combination of primary and secondary sources. The data is gathered from research from various sources in official government websites, action plans documents, academic literature, and case studies. A comparative analysis of the benefits and drawbacks of China's and Africa's experiences with FDI regulation and legal transplant are key considerations to the study. The findings of the study reveal and highlight the benefits and challenges of legal cooperation through OFDI and present recommendations for the development of laws with Africa-China characteristics. The research will guide Africa's policy response to regulating Chinese investments in the Continent and guide lawmakers in transplanting laws from China.
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    The role of collective bargaining in business sustainability and the future of work: a South African perspective
    (2023) Maake-Malatji, Mahlatse Innocent; Ordor, Ada; Kalula Evance
    Despite Africa's significant legislative and institutional framework developments, collective bargaining remains underdeveloped. As a contribution to the theoretical discourse on collective bargaining in South Africa, this thesis addresses the question: In what ways can collective bargaining support the viability of corporations while securing employment in the changing world of work? It suggests a need to look into various aspects that contribute to business sustainability within the collective bargaining landscape, which is adequately linked to job security, growth, the development of businesses, and strengthening industrial relations. The study adopted a qualitative research method to outline and combine such aspects using doctrinal, open-ended research questionnaires (based on desktop research) and comparative research methods. The thesis further contributes to an understanding that employers and employees have conflicting interests in employment relations. The thesis argues that while businesses seek to make returns, employees also seek fair wages to satisfy their human needs. The findings further show that collective bargaining plays a vital role in the sustainability of a business by negotiating in good faith and recognising and reconciling various parties' interests. Additionally, collective bargaining can be used by employers and employees to ease the movement of skills development in the changing world of work in which the partnership between humans and machines is inevitable because the growing adoption of artificial intelligence will shape the future of work. The purpose of this thesis is to give clarity as to how collective bargaining can continue to serve its purpose in the changing world of work. To this end, the thesis is valuable in that it contributes to a deeper understanding of other relevant aspects of collective bargaining in the world of work.
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