The problem when it comes to the concept of possession in terms of technology and transferring possession which requires the concept of exclusivity which cannot be tampered with. Data messages cannot in their current state cannot be a symbol of goods that by constructive possession rights of a holder could be transferred. Other researchers have commented on the fact blockchain could remedy this situation. It should be maintained that a specific type of blockchain should be the preferred approach to the dematerialisation of bills of lading in electronic form, but that does not exist yet. Other researchers think that blockchain generally should be the genus of technology that should be recognised to facilitate the electronic equivalent of documentary bills of lading.1 I think only a specific type should. As the technology in theory exists, it does not mean it is available. This should mean that an open standard to allows any technology to fulfil the void that is required for recognition in bills of lading should be facilitated to facilitate trade because of the multi-dimensional cost of dealing in paper.

In 2008 the world witnessed a transformational shift in its financial services with the introduction and subsequent adoption of cryptocurrencies. The self-regulatory nature of cryptocurrencies is an attractive feature for its users. Unfortunately, this feature is equally as attractive for criminal use. It is for this reason that in 2018 the Financial Action Task Force amended its regulatory Recommendations to extend the obligations of anti-money laundering and combating the financing of terrorism to cryptocurrency service providers and users. In turn, jurisdictions such as the European Union have amended their anti-money laundering laws to give the Recommendations effect. However, cryptocurrency transactions are presently unregulated in Namibia, despite the country also being a member state of the Financial Action Task Force. Namibia's concerns surrounding cryptocurrencies are in no way limited to their ability to corrupt the integrity of its financial industry, but also their ability to evade Namibia's capital and exchange controls. These controls preserve Namibia's foreign reserves which can theoretically be under threat by pseudonymous cross-border cryptocurrency transactions. Consequently, the imminent threat which these transactions pose, in their current form void of regulation, can arguably be quantified by their lack of transparency, accountability, and their jurisdictional concerns. Notably, cryptocurrencies have the ability to lower the entry level for financial inclusion and have the potential to propel Namibia's economic growth if cultivated correctly. Therefore, this dissertation examines whether the licensing of cryptocurrency service providers within Namibia can remedy the ills that plague cross-border cryptocurrency transactions, in order to safeguard the integrity of Namibia's financial industry and ensure the preservation of its foreign reserves without stifling innovation.

The focus of this minor dissertation is on the dispute resolution methods proposed by Action 14 of the Base Erosion Profit Shifting (BEPS) Project. The BEPS Project' was introduced in 2013 by the OECD working together with the G20 and other states to reform the international tax framework. The reform was necessary to deal with the challenges posed by globalisation. The existing international tax framework had not changed for many years and was unable to deal with these new challenges. As stated by the OECD in its Explanatory Statement in 2013, there was a need to build an international tax system to support economic growth and a resilient global economy. The report highlighted that the loss to international corporate income tax caused by these challenges was between 4% and l 0% of global corporate income revenues. As part of the proposed reforms, the report highlighted the need for new measures to address the problem of BEPS as well as provide a structure to support these newly introduced measures. Improving the international dispute resolution mechanisms was identified as an essential structural reform to support the new BEPS measures, as it was anticipated these measures would give rise to more inter-State disputes.

No description available.

No description available.

Includes bibliographical references. / Labour law is premised on the paradigm of a full-time, indefinite and bilateral employment relationship between employer and employee. Increasingly, this standard employment relationship model is being undermined by the proliferation of non-standard forms of work as employers seek greater labour market flexibility. These forms of work have been driven by three processes, namely casualisation (the engagement of workers on a fixed-term, casual or part-time basis), externalisation via commodification of the employment relationship (the engagement of workers in terms of a commercial contract, which excludes labour law from the relationship) and externalisation via intermediation (the use of intermediaries such as subcontractors). This study focuses on a work arrangement or practice referred to as contracting work out to self-employed workers. This involves contracting work out to individual workers who in turn employ other workers to assist them. The study considers the use of this practice in South Africa, where it emerged in the 1990s. It examines empirical research on the practice in the mining, clothing and construction sectors, and in relation to truck drivers. South African employers have argued that this practice advances government's small business and black economic empowerment policies.

Includes abstract. / Includes bibliographical references. / This study examines the protection of migrant workers in Tanzania, a country which, in terms of current migration discourse, plays a threefold role, since it is a sending country, a transit country, and a receiving country. The study examines the adequacy of the laws that protect the rights of workers who leave their countries to take up employment in Tanzania. The national regulatory framework on labour migration is evaluated by using international, regional and sub-regional legal instruments that provide the standards for the protection of migrant workers. Comparative best practices from various countries are also described in order to examine and identify the gaps in the current legal and institutional framework. The study examines four key areas, namely, the admission of migrant workers and their access to the labour market, conditions of employment, freedom of association, and social security rights. These areas are examined by means of a thorough contextual, legal and policy analysis and an empirically based validation from which various observations and conclusions are made.

Decision-making is the most critical role that company directors have to play in the life of a company that they are appointed to manage. South African law (in s66 of the Companies Act 71 of 2008, the Act) has now followed the global trend of recognising that directors have original authority/mandate to manage or direct company affairs or business. A director is accorded (by law) powers to exercise to enable him or her to fulfil the functions of that office. Decision-making, which is not an easy task, is critical to enterprise efficiency and advancement of the national economy. Directors have to make business decisions, at times under imperfect circumstances and while confronting tensions inherent in the corporate form. Not least of these tensions is the pressure to balance the profit maximisation drive from shareholders and accountability for how the directors exercise the powers at their disposal. Despite pressures involved in decision-making, the law requires that directors should exercise their powers in the best interests of the corporation. Thus the Act has attempted to put mechanisms in place to ensure that directors' freedom to manage corporations has to be necessarily constrained and balanced by the need for them to be accountable. The thesis focuses on the duty of care, skill and diligence on one hand (standard of conduct), and the business judgment rule (BJR- standard of review) on the other. These are two mechanisms put in place by the Act to ensure a balance between directors' freedom to manage and accountability. The thesis seeks to answer the key question whether the Act has made standards of care, skill and diligence clearer, more accessible and enforceable than before in light of the Act's adoption of BJR. The thesis analyses the duty of care, skill under s76(3)(c) and BJR under s76(4) in light of the context of law reform (that is the purposes of law reform) and international experiences. In this thesis, an appraisal of the positives brought about by the codification of the duty of care and the adoption of BJR into statute for the first time in SA is given. It is argued that while some purposes of law reform have been achieved, the Act has not achieved the purpose of clarity of standards. For example, the analysis reveals unfortunate omissions and worrying ambiguities in the formulation of standards of care, skill and diligence in s76(3)(c). While giving in-depth analysis of the scope and policy rationale of BJR under the Act, the thesis further notes that the characterisation of BJR in s76(4)(a) as a standard of conduct as opposed to standard of review is problematic. It has also been argued that the BJR is not properly aligned to international standards. Clear amendments to the Act have been suggested to improve clarity of standards and the law in s76(3)(c) and s76(4)(a).

Includes bibliographical references. / The absence of strong supranational institutions and the failure of states to comply with their integration obligations feature prominently in almost every discussion on economic integration in Africa. There seems to be a consensus that without strong supranational institutions to enforce compliance, economic integration in Africa may not succeed. This thesis takes a different approach to the discussion on compliance. The thesis argues that the failure of African states to comply with their integration obligations is not necessarily a function of deliberate and blatant disobedience for the norms of economic integration. Rather, there are other systemic challenges which impede the ability of African states to comply with their obligation. To resolve these challenges and ensure compliance, the thesis suggests that African states need to continuously engage in a discursive process wherein the norms of economic integration are constantly iterated and given authoritative interpretation. Furthermore, institutional, technical and infrastructural capacity needs to be developed across the continent in order to create favourable conditions for the implementation of the norms of integration. To this end, more attention needs be paid at the regional and national level to initiatives which improve good governance and aid the internalisation of the norms of economic integration among African states.

Includes bibliographical references. / Technology has impacted taxation and the manner in which it is effectively imposed. While this thesis submits that VAT is the eTax solution, income tax issues relating to 'residence' versus 'source' have been addressed. A comparative analysis is made in respect of the application income tax and VAT principles to eCommerce transactions.