Browsing by Department "School for Legal Practice"

Now showing 1 - 5 of 5
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    Application program interfaces and the law of copyright in South Africa: a proposal for an optimal approach
    (2018) Futshane, Azola Siphe; Tong, Lee-Ann
    Application Program Interfaces are simple computer programs that enable other pieces of software to call on each other so as to operate in tandem. They are solely designed to perform this singular function, yet they have a significant impact on computer software development. The benefits of Application Program Interfaces include the increased speed and efficiency of computer program development. In essence, Application Program Interfaces enable interoperability between different computer programs that may otherwise have been unable to operate with each other. Developers are saved from the onerous task of having to develop new programs that will be able to work with their own, because the Application Program Interface acts as a catalyst between the different programs, as it were. Due to the function they perform, Application Program Interfaces are essential to computer software development, and are of high economic value. As Application Program Interfaces are computer programs, they are protected under the law of Copyright. This means that developers of Application Program Interfaces are able to exercise exclusive rights in copyright over these pieces of technology. This is problematic in the programming community, where there is a rapidly growing trend towards using and producing open source software. As such, there is a friction created between programmers who seek to use Application Program Interfaces freely, and the copyright owners who seek to derive an economic benefit. There is no controversy as to whether the literal elements of an Application Program Interface may be eligible for copyright or not. There is debate, however, as to whether, and to what extent, the non-literal elements of an Application Program Interface may be eligible for copyright. This debate brings to the fore the age-old idea-expression dichotomy, and the question of what elements constitute an idea or an expression. This paper will investigate the approach to Application Program Interfaces and copyrightability in South Africa, and make proposals as to the approach that ought to be taken. Guidance will be taken from the precedent and legal debates ongoing in other jurisdictions.
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    Indigenous peoples and the right to culture : an international law analysis
    (2009) Afadameh-Adeyemi, Ashimizo; Barratt, Amanda
    In the post or neo-colonial era, the question of fair and equitable treatment of indigenous peoples remains a subject of international political and legal discourse. Efforts have been made to study ways of promoting and protecting indigenous rights and to develop international norms for the protection of these rights. These efforts have sprung forth a plethora of questions; these questions include 'who qualifies as indigenous peoples?' and 'what rights do they enjoy under international law.' This thesis takes a cursory look at the conceptual underpinnings of indigenous peoples and specifically evaluates their right to culture in the parlance of international law.
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    Phasing-Out Gas Flaring In Nigeria: A Critical Assessment of the Regulatory Regime
    (2010) Okukpon, Irekpitan; Glazewski, Jan
    The rapid development of the global oil and gas industry has led to an increase in atmospheric emissions which is detrimental to the wider atmosphere. The flaring of gas during oil exploration and production (E & P) activities alarmingly contributes to the emission of green-house gases which contribute to climate change. The enactment of legislation with adequate provisions for the reduction and elimination of gas flaring from oil and gas activities is very important. Very few countries in the world (e.g. Canada) have been able to successfully eliminate the problem of gas flaring through conservation and the enactment of adequate legislation with stringent sanctions for defaulters who continue flaring. Nigeria is an example of a country with inadequate gas flaring laws. This thesis examines the effectiveness of regulatory regimes on gas flaring in Nigeria with a view to determining if the phase-out of the problem can be achieved. It stipulates that the provisions of the Associated Gas RE-Injection Act (AGRA) 1979 and its Regulations of 1984 are inadequate for the regulation and or elimination of gas flaring. It also advocates for the amendment of AGRA, the development of more effective laws on gas flaring and methods by which the gas being flared can be conserved in order to ensure a clean and healthy environment in Nigeria (particularly the Niger-Delta), free from gas flares.
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    Regulating domestic work : international and comparative perspectives in South Africa, Namibia and Indonesia
    (2013) Afadameh, Amanoshokunu; Kalula, Evance
    This dissertation evaluates the regulation of domestic work. It approaches this topicfrom an international and national perspective. An international perspective in thiscontext means the regulation of domestic work as an international labour standard bythe International Labour Organization (ILO). Its national perspective entails the variousmodels of national regulation in three countries- South Africa Namibia and Indonesia.This dissertation also brings to the fore the nature of domestic work in its evaluation as a labour standard. It does this to give a general understanding of the subject. In recent years, regulating domestic work has been a popular topic within international labour law circles. However, the popularity of this discussion is not reflected in the working lives of a majority of domestic workers worldwide. Therefore, this dissertation reiterates specific issues that affect the lives of domestic workers in a bid to contribute to the body of knowledge on the subject; and the achievement of social justice and decent work in this “invisible' sector.This dissertation concludes that the proper regulation of the domestic work sector is the first step in the achievement of social justice for domestic workers. It also posits after a comparative analysis that the regulation of decent work requires a framework in which hard and soft law approaches are interwoven in the regulation of domestic work. This framework is important as the intertwining of hard and soft law regimes will enable the reaffirmation of and compliance with ILO standards for domestic work regulation. National legislation of ILO member states also have to be fine-tuned or amended to this dissertation reiterates specific issues that affect the lives of domestic workers in a bid to contribute to the body of knowledge on the subject; and the achievement of social justice and decent work in this 'invisible' sector. This dissertation concludes that the proper regulation of the domestic worksector is the first step in the achievement of social justice for domestic workers. It also posits after a comparative analysis that the regulation of decent work requires a framework in which hard and soft law approaches are interwoven in the regulation of domestic work. This framework is important as the intertwining of hard and soft law regimes will enable the reaffirmation of and compliance with ILO standards for domestic work regulation.
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    The SADC protocol on trade in services : a review of the protocol in light of the GATS and other SADC protocols and what it means for trade in services in the region
    (2013) Ngubula, Moyombuya; Nkomo, Marumo
    In 1995 the General Agreement on Trade in Services (GATS) came into force. This is the World Trade Organization’s (WTO) legal instrument aimed at regulating multilateral trade in services (TiS). GATS was negotiated in light of the increase in TiS in the world and the need to regulate this area of trade. Prior to GATS coming into force, only trade in goods was regulated at the multilateral level through the General Agreement on Trade and Tariffs (GATT). There are many benefits that come along with TiS and there is a need for developing countries to open up their service markets. Liberalised TiS in developing countries can bring about technological advancement, it enhances competition, it creates employment and it enhances productivity. Opening up the services sector brings about more service suppliers into the economy. The increase in service suppliers means that there will be competition and competition eliminates inefficiency and gives consumers access to a variety of services at low prices. The service areas that SADC countries have comparative advantage in such as tourism and transport are labour intensive, the opening of such sectors will therefore be employment creating across the region. In more technologically complex service areas (like telecommunications) the liberalisation of such sectors allows those countries that trade in such services to spill-over the technical know-how to other countries in the region. Among some of the provisions of GATS that regulate TiS are provisions that define services, identify services areas and modes of trading in services. GATS provides for member states to accord treatment no less favourable than that they give to their services and service suppliers to services and service suppliers that come from other members (MFN treatment). Services from members are also to be afforded national treatment when traded in the territory of another member. The national treatment afforded to services differs from that in GATT in that unlike in GATT national treatment under GATS only comes about as a result of specific commitments made by each member. There are some exceptions to the general rules of GATS. One such exception allows for the establishment of a preferential trade agreements to regulate TiS in a region. In terms of Article V member states can enter into preferential trade agreements to regulate their TiS. The preferential trade agreements established in terms of Article V allow the parties thereto to extend more favourable conditions to the services and service suppliers from the countries that are member states without extending them to the rest of the WTO members.0 In order to satisfy Article V it must be shown that the agreement in question covers a substantial number of sectors and that it eliminates or provides for the substantial elimination of discrimination. There is some flexibility that is however afforded to preferential agreements entered into by developing countries in so far as the elimination of discrimination is concerned. SADC is a Regional Economic Community that was established in 1992 in terms of the SADC Treaty. The SADC treaty provides for the regulation of trade.14 It also provides for the concluding of Protocols when the need arises. In light of the provisions of the treaty and of GATS Article V, SADC recently concluded the SADC Protocol on Trade in Services (SADC TiS Protocol). The Protocol is aimed at liberalising substantial TiS in the Southern African region while at the same time ensuring that the treaty remains consistent with other Protocols that precede it. In light of the provisions of GATS the paper will carry out an analysis of the SADC TiS Protocol. The paper will consider the requirements that GATS places on preferential agreements and assess how far the SADC TiS Protocol goes in satisfying the requirements.