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A textual analysis of section 164 of the Companies Act 71 of 2008Pike, Adam January 2013 (has links)
Includes bibliographical references.
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The increasing necessity for the inclusion of process and production methods (PPMs) into the current GATT regime as a safeguard/tool for environmental sustainabilityMatawu, Daniel Tawanda January 2015 (has links)
The aim of this thesis is to advocate for the inclusion of PPMs into the current GATT regime for the attainment of environmental sustainability. The issue of PPMs in international trade has been problematic for environmentalists since the first Tuna-Dolphin panel held that distinctions between products based on their production methods were not permissible under GATT. In the first part the thesis assessed and confirms that trade and the environment are two intertwined elements. The thesis then focused on the current legal framework within which environmental interests are said to be appreciated. It is shown that this framework is not efficient in protecting the environment. The thesis then identifies the issue of PPMs and their position in relation to the GATT. This analysis entailed a detailed study of article I, III and XX. It is shown that in many disputes involving PPMs, in most instances PPMs are easily found to be in contravention of the most-favoured nation principle (article I) and the national treatment principle(article III). An evaluation of article III also shows that the like products tests has made it challenging for PPMs to be acceptable in GATT. As for article XX most PPMs readily qualify under (b) and (g) but fail to meet the chapeau's steep requirements. In conclusion focus was on the PPMs debate vis-Ã -vis the views of developing and developed nations. By showing the rate of environmental degradation in the SADC region as examples, the thesis argues that PPMs offer developing countries a solution for environmental sustainability.
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Project finance law and regulation in Tanzania: a critical analysisNgwembe, Geofrey P January 2018 (has links)
Long term finance schemes are, to a little extent, employed in Tanzania since major economic reforms which occurred in the 20th C. Shifting from public finance mechanism, the government of Tanzania have initiated mechanism such as PPP in order to instil private sector in engaging in several economic activities. As projects basis form of investment have been adopted in catering with developmental plans, especially in becoming an industrialized nation - Tanzania - by 2025, an effective legal and regulatory framework for project finance is crucial. Despite having PPP, Tanzania still faces several challenges, especially on its recognition and implementation, mainly, inadequate legal framework as project finance not only caters for PPP transactions, but also for private and public finance of projects, lack of specific regulatory body/division, as well as extensive government interference in projects. The lack of an effective legal and regulatory framework for project finance mechanism deters its success unless it is redressed, hence the purpose of this dissertation which is to ascertain and review project finance setting in Tanzania, experiences and lessons will be drawn from the UK and South Africa in determining the legal and regulatory framework of project finance in Tanzania, tackling of challenges within, and way forward in the incorporation of project finance mechanism as a new mechanism in Tanzania's jurisdiction.
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Configuration of economic partnership agreements complementary or counter to market integration? : an analysis of the SADC interim economic partnership agreementJere, Kahaki Judith January 2013 (has links)
Includes bibliographical references.
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Justifications for piercing the corporate veilKakubo, Mwanchela M January 2011 (has links)
Includes bibliographical references. / According to the decision in Salomon a company is recognised as a legal entity separate and distinct from its shareholders. Although this fundamental rule has had a considerable influence in company law worldwide, it cannot be absolute and, as such, must allow for exceptions where the courts may disregard the separate legal personality of the company. The general rule is that a court will pierce the corporate veil “only where special circumstances exist indicating that it is a mere façade concealing the true facts, so that the separate existence of the company is in some sense being abused or, at least, is not being maintained in the full sense, with the result that separates between the company and its members does not in fact exist. However the courts uniformly exercise significant discretion, and fail to offer a clear standard for veil piercing.”4 Besides company law, this research paper also considers other areas of law where this principle has been applied. These include labour law, criminal (corporate liability) and maritime law.
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Corporate governance in South Africa progress and challengesChakanika, Andrew January 2013 (has links)
Includes abstract. / Includes bibliographical references. / South Africa is one of the fastest emerging economies of the world and this rapid economic growth has been largely attributed to the adoption of the King codes and the various corporate governance structures. Against this background, this dissertation will begin by discussing the major changes that have been made from the King II report to the King III report. The driving forces behind this dissertation are contained in chapters three and four as these chapters will seek to ascertain some of the major progresses and challenges that have been scored in the area of corporate governance.
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Trade in biotechnology : precaution and paralysis. A critical analysis of the law regulating trade in genetically modified organisms, from a South African perspectiveHennessy, Candace Natasha January 2009 (has links)
Includes bibliographical references. / With the dawn of Genetically Modified Organisms (GMO's),1 humanity discovered the pathway to a future which before, only science-fiction movies had contemplated. GMO technology has made it possible to engineer plants, animals and other organisms to bear specific, desired characteristics, by manipulating the genetic structure of the organism in question, making it capable of unprecedented commercial use and humanitarian benefit in the form and manner desired by the genetic engineer. GMO's can possess properties which make them cheaper and easier to produce, or make them capable of specific functions – from rendering consumer products more attractive, to alleviating hunger in desperately poor areas.
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Challenges of safeguarding national interest in negotiating private investment contracts in Africa: case study on MalawiZingano, Chitsanzo Ivy January 2014 (has links)
Includes bibliographical references. / This dissertation seeks to examine how factors like weak and incoherent mining laws, weak governance, transparency and accountability measures, political influence and negotiating power negatively contribute to the negotiation of EDAs in the mining extractive industry of countries that are rich in mineral resources like Malawi. The analysis of these factors is to provide a better understanding why countries like Malawi enter into EDAs on containing terms and conditions that are against their national interest, which in the cases of these contracts are their social and economic development goals. The conclusion of EDAs by countries that want to further their economic development is not reflected in the terms they agree to. Thus the conclusion of these contracts fails to serve the underlying goal, which is to advance social and economic development.
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The role of the public interest in competition law a consideration of the public interest in merger control and exemptions in South Africa and how the public interest plays a more important role in the competition laws of South Africa and of developiTeague, Ian Graeme January 2009 (has links)
Includes bibliographical references.
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The commercialisation of the celebrity brand and the exploitation thereofBester, Lukas Marthinus January 2016 (has links)
Celebrities' prominence in our daily lives cannot be underestimated. It is therefore quite hard to imagine that little has been written about the confluence of celebrity and the law. Celebrity law, particularly the mercantile element thereof, deserves greater attention. Celebrity's freely use their image to make money - these actions must be governed by an established body of law. The law must assist the celebrity in his commercial activities and must offer safety nets for when others unfairly exploit his celebrity brand. The topic will be divided into five points of discussion. First, the commercialisation of the celebrity brand will be discussed. Secondly, we will take a closer look at image rights. Thirdly, the delictual claim of passing off as it pertains to celebrities will be discussed. Fourthly, trade marked celebrities will be considered. And finally our focus will be drawn to the personality right of reputation and how it can be influential for the capitalist celebrity's sake. It is imperative to fully understand the celebrity phenomenon. Through the ages humankind has naturally sought out leaders in an array of fields. We need to grapple with the oddity of this phenomenon to understand the position of these modern societal leaders. The commercialisation of the celebrity brand will be explored. As societal leaders, celebrities are in the remarkable position to utilise their renown for their own benefit. Attention economy is a concept relating to the celebrity's ability to exploit his fame for commercial gain. This theory deals with the association of capital gain with broad-based, far-reaching image recognition. The niceties of attention economy will be explored to offer us insight into the ability of a celebrity to use his fame to make a profit. Attention economy is a theory aligning itself with image rights. Image rights are the commercial sales aspect of the celebrity entity, offering it legal security and a reactionary arsenal.
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