440 publication(s) trouvée(s)
Article scientifique
The role of International sustainable development law principles in enabling effective renewable energy policy – a South African perspective.
It is universally accepted that renewable energy is an important contributing factor towards the promotion of sustainable development. The implementation …
Article scientifique
Biodiversity and Climate Change: Linkages at International, National and Local Levels
At the tenth Convention on Biological Diversity (CBD) Conference of the Parties (COP) held in Nagoya 2010, the parties agreed …
Article scientifique
But is it speech? Making critical sense of the dominant constitutional discourse on pornography, morality and harm under the pervasive influence of United States first amendment jurisprudence
Under the pervasive influence of United States First Amendment jurisprudence, adult gender-specific sexually explicit (or “pornographic”) material is conceptualized, and …
Article scientifique
Towards the Legal Recognition and Governance of Forest Ecosystem Services in Mozambique
Within the context of Mozambique, this paper examines the state of forest ecosystem services, the dependency of the population on …
Article scientifique
Realising Equality in Access to HIV Treatment for Vulnerable and Marginalised Groups in Africa
This article examines the relevance of the concept of equality in improving access to HIV treatment for vulnerable and marginalised …
Article scientifique
The Role of Human Dignity in the Assessment of Fair Compensation for Unfair Dismissals
South African labour law is concerned with the attainment of fairness for both the employer and the employee. In weighing …
Article scientifique
Constitutionalising The Right to Legal Representation at CCMA Arbitration Proceedings: Law Society of the Northern Provinces v Minister of Labour 2013 1 SA 468 (GNP)
Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour …
Article scientifique
The Road Accident Fund and serious injuries: the narrative test.
The Road Accident Fund Amendment Act 19 of 2005 came into effect on 1 August 2008. This Act limits the …
Article scientifique
Limitation of Socio-Economic Rights in the 2010 Kenyan Constitution: A Proposal for the Adoption of a Proportionality Approach in the Judicial Adjudication of Socio-Economic Rights Disputes
On 27 August 2010 Kenya adopted a transformative Constitution with the objective of fighting poverty and inequality as well as …
Article scientifique
Protecting Ecosystems by way of Biological Control: Cursory Reflections on the Main Regulatory Instruments for Biological Control Agents, Present and Future
Although there are numerous threats to ecosystems and the resultant ecosystem services, alien and invasive plants (AIP) have been identified …
Article scientifique
A Critical Appraisal of the Juvenile Justice System under Cameroon's 2005 Criminal Procedure Code: Emerging Challenges
The objective of this article is to examine the changes introduced by the 2005 Cameroonian Criminal Procedure Code on matters …
Article scientifique
The Rights Granted to Trade Unions under the Companies Act 71 of 2008
With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted …
Article scientifique
Prisoner Transfer to South Africa: Some of the likely Challenges ahead
Official and unofficial reports indicate that the South African government is in the process of entering into prisoner transfer agreements …
Article scientifique
Rent Control: A Comparative Analysis
Recent case law shows that vulnerable, previously disadvantaged private sector tenants are currently facing eviction orders – and consequential homelessness …
Article scientifique
Post-Commencement Finance - Domiciled Resident or Uneasy Foreign Transplant?
The 2008 Companies Act introduced a new business rescue regime into South African Company law, bringing it into line with …
Article scientifique
A Customary Right to Fish when Fish are Sparse: Managing Conflicting Claims between Customary Rights and Environmental Rights
This contribution considers the potential conflicts that may arise between customary rights and environmental rights in the face of dwindling …
Article scientifique
The Characteristics of an Abstract System for the Transfer of Property in South African Law as Distinguished from a Causal System
Two divergent systems are usually differentiated between when it comes to the way in which real rights are transferred from …
Article scientifique
Yet Another Call for a Greater Role for Good Faith in the South African Law of Contract: Can we banish the Law of the Jungle, while avoiding the Elephant in the Room?
This article examines the current approach of the South African courts to the role of good faith or bona fides …
Article scientifique
Demographic and Social Factors Influencing Public Opinion on Prostitution: An Exploratory Study in Kwazulu-Natal Province, South Africa
This paper examines countervailing South African public opinion on the subject of prostitution in South Africa, and identifies the factors …
Article scientifique
The Application of Section 8(3) of the Constitution in the Development of Customary Law Values in South Africa's New Constitutional Dispensation
The constitutional recognition of customary law alongside common law in the Constitution of the Republic of South Africa, 1996 is …