Search Results - "The Comparative and international law journal of southern Africa"

Considering Mental Health Courts for South Africa: Lessons from Canada and the United States of America by Pienaar, Letitia

“…Under the South African criminal justice system, mentally ill persons in conflict with the law spend long periods awaiting forensic assessment, owing to…”
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A Comparative Analysis of Director Tenure in South Africa and Selected International Jurisdictions by Cassim, Rehana

“…Director tenure attracts attention worldwide and is increasingly being recognised as a crucial element in assessing an external (independent non-executive)…”
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Does the Return/Refund and Retention of Lobolo Violate the Reproductive Rights of Women in South Africa? by Ndlovu, Lonias, Ngema, Nqobizwe Mvelo

“…One of the main functions of lobolo is to create a marriage relationship between the bride's kindred and the groom's family. Lobolo, which must be practised…”
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The Need to Engage with African Experiences in the United Nations Sanctioning Process: A Case Study of the Central African Republic by Sharma, Vishal

“…The United Nations (UN) can impose sanctions by means of regional and other arrangements. History has demonstrated that during the Cold War era in Europe, the…”
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Recognition of a Disgorgement of Profits for Breach of Contract in the United States of America Law: Lessons for South African Law by Seanego, KA

“…A disgorgement remedy for breach of contract seeks to take away profits acquired through breach of contract. Since contractual damages only seek to compensate…”
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The Arrest of Ship Regime in Nigeria: Lessons from South Africa by Anele, Kalu

“…Nigeria and South Africa are the biggest economies in Africa, and they engage in substantial shipping and international trade. Therefore, effective shipping…”
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The Right to Freedom of Association for Public and Private Sector Employees in Zimbabwe in the Context of International Labour Organisation Standards by Maringe, Noah, Nemakonde, Mpfari Budeli

“…This article deals with the right of employees to freedom of association in Zimbabwe. It adopts a comparative analysis with the International Labour…”
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Re-evaluating the Employment Status of Uber Drivers in South Africa: Lessons from the United Kingdom and New Zealand by Newaj, Kamalesh

“…South Africa (SA), like the United Kingdom (UK) and New Zealand (NZ), makes use of the services of Uber, which is a taxi or transportation service that…”
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Migrant Workers in Seychelles: The Mechanisms in Place to Address Their Work-Related Disputes in the Light of Article 54(2) of the Convention on Migrant Workers by Mujuzi, Jamil Ddamulira

“…According to the Seychelles Ministry of Employment, as of July 2022, twentyfive per cent of the workforce in Seychelles were migrant workers. In December 1994,…”
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Transfer Pricing Adjustments: The Different Types, Practical Challenges and Recommended Approaches-A South African Perspective by Oguttu, Annet Wanyana

“…This article concerns the tax policy and practical challenges that arise from applying the various transfer pricing adjustments. The lack of clear…”
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The Adoption of the Vienna Convention for the International Sale of Goods (CISG) 1980 in Africa—A Critical Analysis by Eiselen, Sieg

“…The adoption of the Vienna Convention for the International Sale of Goods (CISG) 1908 in Africa has been slow in comparison to other regions of the world. The…”
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Does the Return/Refund and Retention of Lobolo Violate the Reproductive Rights of Women in South Africa? by Ndlovu, Lonias, Ngema, Nqobizwe Mvelo

“…One of the main functions of lobolo is to create a marriage relationship between the bride’s kindred and the groom’s family. Lobolo, which must be practised…”
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The Promotion of Access to Justice through the Constitutional Development of the Doctrine of Forum Non Conveniens by Van der Merwe, Marcia

“…South African jurisdictional principles governing cross-border litigation have seen minor development in recent years and as such, remained feudal and…”
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Property Rights Protection and Land Markets in the Context of Juridical Gaps between Municipal and SADC Systems by Ndlovu, Philani L, Saurombe, Amos

“…The protection of property rights is a sensitive issue in the SADC, leading to protracted legal battles and contestations. This article explores the factors…”
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Prospects and Challenges of Embedding the Human Right to Food Obligations into the Legal Framework for International Agricultural Trade Regulation by Mota Makore, Shelton, Osode, Patrick, Lubisi, Nombulelo

“…Although many academic commentators have long argued that the World Trade Organization (WTO)-driven liberal rules of international agricultural trade…”
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Assessing the Effectiveness of Extradition and the Enforcement of Extra-territorial Jurisdiction in Addressing Trans-national Cybercrimes by Sekati, Phenyo

“…Cyberspace operates on a geographically borderless platform, thus often rendering national laws ineffective in regulating the impact of cyber-related…”
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Transfer Pricing Adjustments: The Different Types, Practical Challenges and Recommended Approaches-A South African Perspective by Oguttu, Annet Wanyana

“…This article concerns the tax policy and practical challenges that arise from applying the various transfer pricing adjustments. The lack of clear…”
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Challenges and Prospects of Litigating Sexual and Reproductive Health and Rights of Women in Nigeria: Lessons from Comparative Foreign Jurisprudence by Akintayo, Akinola E.

“…Available statistics revealed vulnerable and fragile conditions for women in Africa, including Nigeria. This is due to the persistent violation of their sexual…”
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Misappropriated Development: Exploring Accountability as the Rate-determining Step to the Realisation of the Right to Development in Select African Countries by Ozoemena, Rita

“…The right to development seeks to provide the enabling environment for the participation, contribution and well-being of persons in their freedom to enjoy…”
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South African Creditors May Wield the Gibbs Rule to Confront an Italian Pre-Insolvency Statutory Restructuring Composition by Smith, Alastair, Boraine, André

“…This article summarises the judgment in Cooperativa Muratori & Cementisti & others v Companies and Intellectual Property Commission & others, in which the…”
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