Magister Legum - LLM (Public Law and Jurisprudence)

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Browsing by Subject "Africa"

Now showing 1 - 11 of 11
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    The African Charter on democracy, elections and governance: A normative framework for analysing electoral democracy in Africa
    (University of the Western Cape, 2007) Alemu, Tikikel; Steytler, Nico; Faculty of Law
    This paper gave an insight into the novelties as well as the deficiencies of the provisions related to democratic elections and their implementation framework. It examined the potential effectiveness or otherwise of a binding treaty which is not yet enforced on the basis of past experience. In effect, it shed light on the possible measures that could be taken to guarantee its realisation and to circumvent the shortcomings in ensuring its effective implementation.
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    An analysis of the law, practice and policy of the WTO agreement on technical barriers to trade in relation to international standards and the international organization for standardization: implications for least developed countries in Africa
    (2007) Okwenye, Tonny; Hunt, John Edward
    This study examines the legal and policy objectives of the World Trade Organisation (WTO) Agreement on Technical Barriers to Trade (TBT) with specific reference to international standards and the International Organisation for Standardisation (ISO). The study sets out the history and development of the TBT Agreement and the relationship between the TBT Agreement and selected WTO Agreements. The study also explores the application and interpretation of the TBT Agreement under the WTO dispute settlement system. More importantly, the study addresses the legal, policy and practical implications of the TBT Agreement for Least Developed Countries (LDCs) in Africa. A central argument put forward in this study is that, albeit international standards have been recognised as an important tool for LDCs in Africa to gain access to foreign markets, there is no significant ‘political will’ and commitment from the key players in standardisation work, that is, the national governments, the private sector and the ISO. At the same time, some developed and developing countries tend to use their influence and involvement in the activities of the ISO as a means of promoting the use and adoption of their homegrown standards. The study proposes, among others, that a more participatory approach which encompasses representatives from consumer groups, the private sector and non-governmental organisations (NGOs) from these LDCs in Africa, should be adopted
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    An analysis of the law, practice and policy of the WTO agreement on technical barriers to trade in relation to international standards and the international organization for standardization: implications for least developed countries in Africa
    (2007) Okwenye, Tonny; Hunt, John Edward
    This study examines the legal and policy objectives of the World Trade Organisation (WTO) Agreement on Technical Barriers to Trade (TBT) with specific reference to international standards and the International Organisation for Standardisation (ISO). The study sets out the history and development of the TBT Agreement and the relationship between the TBT Agreement and selected WTO Agreements. The study also explores the application and interpretation of the TBT Agreement under the WTO dispute settlement system. More importantly, the study addresses the legal, policy and practical implications of the TBT Agreement for Least Developed Countries (LDCs) in Africa. A central argument put forward in this study is that, albeit international standards have been recognised as an important tool for LDCs in Africa to gain access to foreign markets, there is no significant ‘political will’ and commitment from the key players in standardisation work, that is, the national governments, the private sector and the ISO. At the same time, some developed and developing countries tend to use their influence and involvement in the activities of the ISO as a means of promoting the use and adoption of their homegrown standards. The study proposes, among others, that a more participatory approach which encompasses representatives from consumer groups, the private sector and non-governmental organisations (NGOs) from these LDCs in Africa, should be adopted
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    Benefit sharing from traditional knowledge and intellectual property rights in Africa: "an analysis of international regulations"
    (University of the Western Cape, 2007) Ombella, John S.; Hunt, John E; Faculty of Law
    This thesis was written in the contemplation of the idea that, it is only through protection of the traditional knowledge in African local societies where these societies can rip the benefit of its commercialization and non-commercialization. It was thus centered on the emphasis that, while the African countries are still insisting on the need to have amendments done to the TRIPS Agreement, they should also establish regulations in their domestic laws to protect traditional knowledge from being pirated. This emphasis was mainly raised at this time due to the wide spread of bio-piracy in African local societies by the Western Multinational Pharmaceutical Corporations.
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    "A comparison of the Cotonou Agreement and the AGOA: trade creating or trade diverting?"
    (University of the Western Cape, 2005) Klostermann, Eva Amelie; Lenaghan, Patricia; Faculty of Law
    This thesis has attempted to provide an analysis of two legal instruments; the Cotonou Agreement and the AGOA. Specific attention was directed to these instruments impact on trade between the European Union and the United States, respectively, and beneficiary African countries.
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    HIV testing from an African human rights system perspective: An analysis of the legal and policy framework of Botswana, Ethiopia and Uganda
    (University of the Western Cape, 2007) Tadesse, Mizanie Abate; Nielsen, Julia Sloth; Faculty of Law
    The HIV/AIDS pandemic poses the greatest threat to Africa's efforts to achieve its full potential in the social, economical and political spheres. Cognizant of its devastating consequences, various mechanisms have been designed to address the issue of HIV/AIDS in Africa. This thesis addressed the question: 'Are the legislations and policies of Ethiopia, Botswana and Uganda providing for various modalities of HIV testing consistent with human rights as enshrined under African Human Rights system?' The author of this dissertation critically analyzed the African human rights instruments and the relevant domestic legislation and policies of the three countries.
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    The impact of foreign direct investments on sustainable development in Africa: Can this contribute to poverty alleviation
    (University of the Western Cape, 2005) Rugemalila, Irene Joas; Wandrag, Riekie; Faculty of Law
    This study dealt with the impact of foreign direct investments on sustainable development in Africa in relation to poverty alleviation. The study aimed to show the link between these two areas and examine the impact of foreign direct investment on sustainable development, and whether such impact can lead to poverty alleviation and improve people's lives living under the poverty line.
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    The Principle of Legality and the prosecution of international crimes in domestic courts: lessons from Uganda
    (University of the Western Cape, 2011) Namwase, Sylvie; Koen, Raymond
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    Revisiting the role of sub-regional courts in the protection of human rights in Africa
    (2009) Murungi, Lucyline Nkatha; Gallinetti, Jacqui
    When the Rome Statute was being drafted, referral of a situation by a state party was thought to have the least potential for making the International Criminal Court (hereinafter referred to as the ICC) operational. It was frequently pointed out that States were notoriously reluctant to complain against other states on a bilateral basis. As M.ahnoush Arsanjani and W. W.Michael Reisman, two expert commentators on the ICC, have observed: Before and during the Rome negotiations, no one -- neither states that were initially skeptical about the viability of an international criminal court nor states that supported it assumed that governments would want to invite the future court to investigate and prosecute crimes that had occurred in their territory.
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    The role of human rights lawyers in rights based approach to reduction of poverty in Sub-Saharan Africa
    (University of the Western Cape, 2007) Akintayo, Akinola Ebunolu; Mbazira, Christopher; Faculty of Law
    Sub-Saharan Africa is a region where extreme poverty is prevalent in spite of the regions apparent commitment to the philosophy of human rights, in that all fifty-three countries in the region ratified the African Charter in addition to several international human rights instruments ratified by countries in the region. This state of affairs is traceable to the lack of or ineffective enforcement mechanism of the human rights obligations of countries in the region. Too much attention had been given to post facto intervention of human rights in form of judicial enforcement of these rights to the neglect of other effective methods of enforcement which can be employed in addition to curial enforcement of the rights for a more effective result. This neglect and the ensuing increase in poverty level prompted this research which was aimed at identifying additional methods of pro-active rights enforcement mechanism and the roles of human rights lawyers in their utilisation to reduce poverty in the region.
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    Towards a multilateral agreement on investment (MAI): implications for developing African countries
    (University of the Western Cape, 2007) Cissy, Nantongo B.; Hunt, John Edward; Faculty of Law
    In most African countries the private sector provides the main impetus for economic growth, especially since countries started opening up their economics for foreign investment. Foreign investments have played an important role in the economic growth and development process. Consequently, the purpose of this work was to analyse the consequences of having a MAI in light of the proposed OECD Agreement, the implications it may have for developing countries in Africa, and the way forward towards a balanced multilateral Agreement.