Browsing by Subject "Advanced Legal Studies"

Now showing 1 - 7 of 7
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    An analysis of the approach adopted by the South African Constitutional Court to the right to equality and non-discrimination in the five decisions concerning section 8 of the interim Constitution compared to the approach adopted by the Belgian Court of Arbitration
    (1998) Boelaerts, Violaine Marie Anne; Murray, Christina
    Since time immemorial, equality is a concept which has been the subject of philosophical debate and political contest. Today, democratic society proclaims itself to be committed to the values of openness, democracy, freedom and equality. In South Africa and in Belgium, equality is a fundamental value which lies at the heart of both Constitutions. For different reasons, this right is central regarding the two Constitutional Courts. In South Africa, the importance of the decisions made by the Constitutional Court in the equality and non-discrimination field is clear given its particular history of apartheid during which deep inequalities among the population were enforced. In Belgium, equality is the key of the Court of Arbitration's competence to exercise a constitutional control regarding the fundamental rights and freedoms enshrined in the Constitution. In both jurisdictions, it is clear that equality is not simply a matter of likeness but equally a matter of difference. Because Justice and Equality do not have the same significance and must not be confused, it is important to attempt to understand and to delineate what equitable equality means in a constitutional context. This dissertation undertakes to analyse the equality jurispruden of the South African Constitutional Court by reference to its five first decisions in order to determine its current approach to section 9 of the Constitution of South Africa Act 108 of 1996 (previously section 8 of the Constitution of the Republic of South Africa Act 200 of 1993 (the interim Constitution)). After an introduction to the Belgian Court of Arbitration and review of its treatment of the right to equality and non-discrimination, its approach will be evaluated in comparative perspective.
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    Analysis of legal and regulatory framework for electronic commerce in Rwanda
    (2011) Nyiringabo, Joseph; Ferguson, Steve; Ncube, Caroline
    Information communication technology (JCT) is a significant tool and support for socio economic development. Developing countries are following the lead of developed countries in integrating the use of technology in different sectors in order to increase their performance. Rwanda is in a process of creating an enabling environment for the population to use the information technology in their daily activities to enhance their socio-economic development. For a country to attain sustainable development, it needs to remove the national and international barriers of doing business by establishing electronic commerce (E commerce). The Government of Rwanda has adopted some laws that govern E-commerce in the country. Due to the complexity of the E-commerce system, the legislature must ensure that the relevant laws are harmonised and consistent. The E-commerce regime includes the domestic legislation as well as international treaties, Model laws and guidelines. This study intends to analyse in detail the way of harmonising the existing the legal and regulatory framework on E-commerce in Rwanda.
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    International Legal Consequences of the Construction of a Barrier by Israel in the West Bank
    (2005) Golnitz, Hinnerk; Devine, Derry
    At the 10th emergency special Session on December 8, 2003, the 191-member United Nations General Assembly adopted a resolution requesting an 'urgent' advisory opinion from the International Court of Justice in The Hague on the legal consequences of Israel's construction of a 'Barrier' between itself and the West Bank and East Jerusalem. 1 The Secretary General of the United Nations transmitted the request for the advisory opinion to the Court in a letter dated December 8, 2003. The Assembly has requested advisory opinions from the Court fourteen times since the Court's inception in 1946, with the majority requested immediately following World War 11. While the Court's opinion is not legally binding, the opinion provides strong guidance to both parties, as well as the international community, on how to treat the current situation and how to proceed with negotiations.
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    Protecting the environment using the GATT Article XX: chasing shadows
    (2010) Tapiwa, Shumba; Hare, John; Gibson, John
    Economic development is at the heart of the World Trade Organisation There is little doubt that trade liberalisation has had some positive effects on the global economy. However, there is considerable agreement on the fact that economic growth may also co me at the expense of environmental protection. To this end, there is also agreement on the need to protect the environment from harmful economic activities such as trade liberalisation which is one of the current multilateral trading system's main instruments for economic growth. The debate on how this can be achieved has been going on for some time and has mainly been around the use of Article XX of the General Agreement on Tariffs and Trade to protect the environment from harmful trade practices. Some piecemeal fashioned suggestions have been made on how to deal with this issue and there has been some hope in many instances that environmental protection will become accommodated within the multilateral trading system. However, as practice has shown, the use of Article XX of the GATT has not, at most, been successful for many reasons. It is these reasons and the solutions to such, which this paper seeks to address, in light of a strong view that the use of the GATT article XX, in its current state, to protect the environment is a futile process and cannot yield positive results.
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    Public Interest Environmental Litigation: A Comparative Study of Locus Standi Requirements in South Africa and Zambia
    (2021) Mulenga, Martin; Glazewski, Jan
    South Africa integrated environmental rights into its constitutional and legislative framework, and simultaneously expanded its locus standi rules that facilitated public interest environmental litigation a decade and a half earlier than Zambia. The incorporation of environmental rights and the liberalisation of legal standing requirements occurred in South Africa with the enactment of the interim democratic constitution of 1994 which eventually progressed into the final constitution of 1996. Zambia only legislated environmental rights and liberalised the locus standi rules in environmental litigation with the enactment of the Environmental Management Act of 2011. The Zambian constitution has not yet included environmental rights in its Bill of Rights, but it has incorporated many internationally recognised environmental principles which may become building blocks for the further entrenchment and enhancement of environmental rights. The purpose of this paper is to conduct a critical and comparative analysis of the South African and Zambian legal frameworks with regard to locus standi requirements in public interest environmental litigation. The objective is to appreciate the strides that South Africa has made in public interest environmental litigation by critically assessing the constitutional and legislative developments that have taken place in that jurisdiction with a view to drawing lessons for Zambia. Included in the critical analysis is a study of how the South Africa Judiciary has interpreted these legislative developments and implemented them in its judgments particularly with regard to legal standing requirements. The comparison is intended to identify challenges to and opportunities for public interest environmental litigation in Zambia.
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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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    When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights
    (1998) Erasmus, Andre Alexander; Meyerson, Denise
    The application of human rights to private relationships is a difficult question that must be answered by all legal systems which have accepted human rights as binding upon their law. To answer this question a State has to make fundamental ideological decisions, both as to its role in society and the individual citizen's right to self-autonomy. Is law to be neutral, leaving private citizens to order their relations without intervention from the State? Or, should it play a more active transformative role by regulating and organising society to accord with a particular set of moral values and economic objectives? This dilemma is a current which runs through most contemporary moral and human rights discourse. It is not merely of abstract or academic interest. Both the reach and content of the law will be determined by which approach may prevail.