Philosophiae Doctor - LLD (Private Law)

Permanent URI for this collectionhttps://hdl.handle.net/10566/25245

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    Artificial intelligence and the rights of asylum seekers and refugees: considerations for the regulation of AI in Africa
    (University of the Western Cape, 2026) Chukwuma, Obinna Victor; Oriakhogba, Desmond
    Asylum seekers and refugees in Africa are at a critical juncture, faced with the rapidly increasing move by states to deploy artificial intelligence (AI) technologies for border control and refugee management. Due to the unique ability of AI to perform tasks that are commonly associated with humans, as well as the heavy promotion of its potentials, it has become the focus of many African governments. However, the increasing recourse to these novel technologies by African states in asylum and refugee contexts is a trend being copied from Western countries where these technologies are designed and deployed to curb unwanted migration. This thesis, therefore, critically investigates how the deployment of AI in Africa’s asylum and refugee terrain affects the rights of asylum seekers and refugees. It argues that notwithstanding the benefits of AI, deploying it without adequate regulation will violate the rights of asylum seekers and refugees and exacerbate the continent’s refugee crisis. Considering that Africa’s asylum and refugee settings are already plagued by human rights violations, persistent violent conflicts and socio-economic injustice, placing uncritical faith in AI technologies in such contexts is perilous to the interests of asylum seekers and refugees. Using the theoretical frameworks of decoloniality, critical race, and ubuntu, this thesis critiques the effectiveness of current regulatory frameworks to protect asylum seekers and refugees in Africa from the negative effects of AI. It propounds policy considerations to guide the regulation of AI deployment. Drawing lessons from the European Union and the United States of America, it recommends the adoption of a special binding AI treaty for the protection of asylum seekers and refugees in Africa. Finally, it urges policymakers to adopt a more concerted approach to the use of AI in Africa’s unique refugee and asylum context.
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    Force majeure in international contracts with particular reference to the English and South African legal systems
    (University of the Western Cape, 2026) Mohammed, Abdulfattah Abdulqader Qaid; Mupangavanhu, Yeukai
    Force majeure, or supervening change of circumstances, is still one of the main issues that impact national and international contracts. International contract law and national legal systems apply different rules to achieve contractual justice. The study analyses the exceptions to the principle of pacta sunt servanda in the case of supervening circumstances under South African law, English law, the Vienna Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UNIDROIT Principles). This study examines the nature and effects of force majeure events on contracting parties under these laws. The position of the Coronavirus disease 2019 (COVID-19) under the CISG and UNIDROIT Principles is ascertained, as is its position under English and South African law. COVID-19 was a litmus test for the maturity of these important doctrines of modern law.