This dissertation deals with international transport law and looks at the development
of bilateral air service agreements governing international scheduled flights from their
inception after the Chicago Conference of ...
Throughout the history of universities, university autonomy
and academic freedom have come ~o be regardeci as indispensable
if the university has to fulfill its function of generating
and disseminating knowledge and ...
With this piece of work an attempt is made to have a objective evaluation of the
influence of South Africa's Bill of rights on the common law of Defamation. the
following aspects are being highlighted:
The general ...
Bophuthatswana het gedurende 1977 tot stand gekom as 'n onafhanklike staat.
In die Grondwet daarvan is 'n uitvoerige menseregtehandves vervat wat as hoogste
reg gegeld het - alle wetgewing in stryd daarmee was nietig. ...
The 1980 United Nations Convention on the International Sale of Goods, concluded
under the auspices of UNCITRAL, creates a comprehensive statutory legal framework
for international sales. Through the express incorporation ...
International water law has been unable to translate its principles into effective institutions
for the management of shared water resources. National interest has often override any
real commitment to the principles of ...
This short dissertation is an appraisal of same-sex marriages. The traditional arguments against
same-sex unions are examined and rejected as being circular, unconvincing and baseless. Some
of the international developments ...
The aim of this thesis is to search for an "ethical" interpretation of equality. Although the current South African approach of "substantive" equality is better than mere "formal" equality, I fear that even substantive ...
Historically South African law has been dominated by Western law. Indigenous law and
the jural postulates which underpin that law are insufficiently accommodated in the
South African legal order. The Western component ...
In enige arbeidsverhouding bly dit wenslik dat partye hulle
onderlinge verpligtinge vrywilliglik sal nakom. Soms is dit nie
moontlik vanwee die onderlinge wantroue tussen partye nie en
daarom is di t belangrik om te let ...
The Regulation of Gatherings Act 205 of 1993 is a old order piece of legislation,
but gives full recognition to the right to freedom of assembly and expression.
These rights are entrenched in sections 16 and 17 of the ...
Die siviele lasterreg word gekenmerk deur verdeeldheid aangaande bewyspligtigheid. 'n
Unieke situasie doen horn voor: weerlegbare regsvermoedens van onregmatigheid en animus
iniuriandi word opgevolg deur verskeie ...
This article considers the nature of interpretation as important question in constitutional
interpretation from a theonomic epistemological perspective. Theonomic epistemology is
summarily described. The modem language ...
Prior to 1994, citizenship was one of the pillars upon which the erstwhile government's
policy of separate development rested. The concepts of citizenship and nationality were
manipulated by the apartheid government to ...
The purpose of this study is to access the viability of traditional
African courts in a future legal dispensation in South Africa. The research
method used is a study of literature, court decisions and relevant statutes.
The ...
The issue of the vertical /or horizontal operation of the Bill of Rights (chapter 3) is a controversial one. The interim constitution deals with this controversy in a subtle way by avoiding direct horizontal operation of ...
The author explores the traditional approaches to interpretation in a constitutional democracy, with specific
emphasis on Bill of Rights interpretation. The approaches adopted by the court in India and Canada, are
briefly ...
The Constitution stipulates that its value-commitments are to inform the
interpretation of statutes and the development of the common law and customary
law. Legislative construction and law-application generally are ...