Includes bibliographical references (leaves 77-79). / This paper deals with how Tanzania Mainland industiral relations have evolved during the said different periods since independence up to now. The main focus will be to discuss the current legislation and how it seeks to improve industrial relations as compared to its predecessors. Also it will discuss in a nutshell whether the new legislation has met the International Law Organisation (ILO) standards. It further discusses the challenges facing Tanzania and its working class in the globalised labour market.

This research paper provides an address and analysis of the challenges commonly faced under Chinese investments in Africa and seeks to address the question on what regulatory mechanism can be used to maximise the benefits of Chinese Investments in Africa. In doing so, this study seeks to clarify the nature activities that transpire under Chinese investment, this is because over the past decades there have been serious accusations of human rights violations, illegal practices and lack of technology and skills transfers amongst many other problems. In conducting this examination, this study, I consider the dynamic legal and policy framework that regulates the Chinese investments. This provides a vehicle through which the legality of Chinese investments actors can be tested. Secondly, an outline and discussion of two selected challenges namely, Labour relations and employment practices; lack of skill and technology transfers. These issues are analysed in depth from different perspectives and potential solutions will be provided. In addressing the challenges, I draw from the experience of South Africa in terms of employment practices and Huawei in Zimbabwe and South Africa case studies. The research ultimately concludes that the challenges faced under Chinese investments are not as described by critics but rather they are complex and differ from business to business. Therefore, the best solution may be to ensure effective enforcement and implementation of local laws to ensure compliance with the law. The study recommends that there is a need for Africa to have a uniform China policy and to take advantage of the FOCAC process to prioritise the areas critical to their national and continental development goals.

There is a global trend in the international community, within countries, and within corporate organizations for the promotion of good corporate governance practices. The aim is to foster sustainable development in countries and particularly within corporations at local, national, regional and international levels. This is because emerging reports and research seem to suggest that the effective implementation and practice of good corporate governance principles in a country promotes sustainable development and foreign direct investment, thus boosting the economy of that country. By implication it is only corporations which adopt good corporate governance practices that will achieve sustainable growth and development domestically and internationally in the competitive business environment. In Nigeria, given the fact that the practice of good governance by most corporate organizations is still a challenge, there is therefore a need for a corporate governance regulation that will serve as a baseline standard applicable to all companies registered, whether public or private. Accordingly, this thesis will be examining the existing corporate governance regulations and the newly released draft national corporate governance code in Nigeria to ascertain whether or not they address current corporate governance challenges and their compliance with international best practices.

Includes bibliographical references / The first part of this minor dissertation will examine the historical development of the common law doctrine of piercing the corporate veil, its status and the concerns raised against the rule. In light of the fact that veil piercing erodes the limited liability of a company, it is necessary to appreciate both the relevance and the significance of separate legal personality and the historical development of the doctrine that carves out exceptions to limited liability in this context. The concept of separate legal personality goes hand in hand with the doctrine of veil piercing. This part will further illustrate the various approaches that courts have taken in deciding whether or not to pierce the corporate veil. A criticism of the doctrine is that it comes with no clear guidelines directing courts to the appropriate circumstances for piercing the corporate veil. It will be argued that the courts have relied invariably on a number of discrete, unrelated categories of conduct upon which to base decisions to disregard the corporate personality of a company, but this approach in the end is unsatisfactory. The concept of corporate personality will be discussed in this part in order to achieve a better understanding of the concept itself and to shed some light on the legal nature of the corporate personality. Furthermore, this part will examine recent trends in foreign law in regard to the doctrine of piercing the corporate veil that may serve as guidelines to the interpretation and the application of the doctrine in South African law. Particularly, the English judicial approach to piercing the corporate veil will be discussed. This in turn will lead to a consideration of the question whether further development is necessary, and if so, which direction is best suited for South African company law. The second part of this dissertation will discuss the rules of interpretation, the basic approaches to statutory interpretation followed by our courts and which approach has enjoyed preference in recent judgments. These approaches will assist in the discussion on the interpretation of section 20 (9) of the Companies Act. Section 20(9) will be examined, and the concerns that writers have raised will be discussed. This part will further examine the judgment delivered in Gore with specific reference to the theories of statutory interpretation used, and the final interpretation applied by the court and what effect this has on the existing rules of piercing the corporate veil. It will be contended that courts must interpret and apply section 20(9) in a way that gives effect to the purport and spirit of the Constitution and results in clarity and simplicity in the statutory doctrine of piercing the corporate veil. The fourth and final part of this research will summarize the discussion, where the research will be considered and recommendations made as to how section 20 (9) should be best interpreted. Given the lack of a unified approach to the scope and conditions of application of the doctrine of veil piercing, which allegedly leads to confusion and frequent misuse, this study aims at clarifying the scope of the doctrine and conditions under which it can be applied. It will attempt to clear up some of the mist enveloping the concept of corporate veil piercing.

Includes bibliographical references. / One of the first times the controversy of director remuneration reared its head was during the financial crisis of 2008 which was described as the biggest financial crisis since the Great Depression of the 1930’s. The Organisation for Economic Co-operation and Development (OECD) and the United Nations body United Nations Conference on Trade and Development (UNCTAD) both cited failures in corporate governance, the practices of director remuneration and inadequate regulation and control thereof, as specific causes of the financial crises of 2008. The reason for this is that remuneration systems employed by companies failed to sufficiently align remuneration packages of directors with the strategy, risk appetite and long-terms interests of the company and shareholders4 The controversy arose when even though many companies failed or showed great losses, directors were still paid out excessive bonuses and were considered to be rewarded for failure. This controversy was caused by the failure of corporate governance systems to effectively regulate and enforce company remuneration practices, the adequate disclosure of information regarding director remuneration, and the lack of shareholder input in the determination of director remuneration and bonuses. In addition is the fact that most corporate governance systems are based on a ‘comply or explain’ or ‘apply or explain’ approach which, despite its advantages, renders the application of corporate governance structures voluntary, or at a minimum, non-compliance could be explained away. This dissertation examines a weakness in the corporate governance structures of South Africa regarding the disclosure director remuneration in the context of mergers and acquisitions. The submission is that directors act in their own interests; that they benefit more from mergers and acquisitions than the company and its shareholders vis-à-vis short and long term incentives, contrary to the fiduciary duty owed to the latter; and posits that the current corporate governance system in South Africa, its disclosure requirements, and its application are insufficient.

The United Nations Sustainable Development Goal Seven (SDG 7) promotes access to 'affordable, reliable, sustainable and modern energy for all’. Sub-Saharan Africa is however characterised by high levels of energy insecurity. Regional integration is a way in which energy security in the region can be achieved through the sharing of resources, infrastructure and expertise. Electricity trade in Sub-Saharan takes place primarily through the Southern African Power Pool. The Power Pool consists of 13 member countries that import and export electricity across transmission infrastructure. Regional integration is however hampered by unreliable state-owned centralised grids. Many grids in sub-Saharan Africa do not have sufficient energy generation capacity for regional trade. Independent Power Producers (IPPs) promote regional integration and energy security by increasing a country’s energy generation capacity and diversifying its energy mix through renewable energy sources. Sub-Saharan Africa currently lacks a harmonised policy framework on the participation of IPPs in national energy markets. This thesis argues that a harmonised policy framework on IPP participation on a national level can increase electricity trade and energy security regionally.

Includes bibliographical references. / This paper will first analyse the relevant Trade Related Aspects of Intellectual Property Rights (TRIPS) provisions regarding the protection of GIs and a concept of generic terms under TRIPS. Second, different regional and national systems on the protection of GIs and the respective concepts of genericness will be analysed. The intention is to determine the criteria of when a term is considered generic. Once these criteria are established they could prove useful if considered in a dispute before a WTO Panel. Finally, this paper shall briefly look into alternatives how future disputes on genericness could be avoided under the auspices of the WTO.

Company law in South Africa has recently been subject to an extensive review which culminated in the passing of a new act, being the Companies Act No. 71 of 2008 (hereinafter 'the new companies Act or 'new Act'). The new Act has not yet come into effect but officials at the Companies and Intellectual Property Office remain optimistic that the new legislation will become effective before the end of the year. The new Act takes South African company law away from its English law roots and brings it into line with international trends. Indeed the South Africanisation of company law was one of the stated objectives of the review process; it being held to be important that the unique characteristics of the South African context and especially the promotion of equity as envisaged under the Constitution be taken into account in the drafting our laws. This research paper is primarily concerned with the legislature's efforts to protect company creditors' interests via mechanisms designed to maintain the economic or capital base of a company. Historically this found expression in the capital maintenance rule but problems with this rule resulted in it being shelved in favour of a regime based on solvency and liquidity. The concept of imposing solvency and liquidity requirements on companies in certain instances was introduced into South African company law in amendments to the existing Companies Acts promulgated in 1999. This resulted in the fragmented approach to the maintenance of an economic or capital base of a company that we currently face: certain areas being subject to the newly imposed solvency and liquidity requirements while at the same time other provisions built around capital maintenance remaining in force.

Corporate heresy 1 or legislative oversight: is there room for the common law remedy of disgorgement under section 77 (2)(a) of the Companies Act2 or has the remedy been relegated to the past? This controversial enquiry frames the groundwork for discussion upon which this dissertation is based. Section 77(2)(a) reads as follows: "(2) A director of a company may be held liable - (a) in accordance with the principles of the common law relating to breach of a fiduciary duty, for any loss, damages or costs sustained by the company as a consequence of any breach by the director of a duty contemplated in section 75, 76 (2) or 76 (3)(a) or (b). ,o This dissertation seeks to shed light on the apparent legislative omission of the common law remedy of disgorgement from the ambit of section 77(2)(a). The effects and consequences of such a significant omission has come under the microscope given South Africa's recently reformed corporate law jurisprudence. The impact of such an omission on the interpretation and application of directors' duties and liabilities will be specifically examined and analysed. The topic of this dissertation remains especially relevant to any discussion involving directors' duties and liabilities in the context of the new Companies Act ("the Act"). The Act has drastically reshaped the South African corporate law landscape and as such, each provision of the Act requires careful consideration in its interpretation and application. Implementation of the Act, in 2011, brought about partial codification of directors' duties and liabilities. Partial codification has resulted in mandatory, unalterable and prescriptive provisions relating to directors' duties and liabilities which are applicable to all companies registered in the Republic.• Since its inception, critics have intimated that certain provisions of the Act hinder, as opposed to facilitate, the objective of clarifying directors' duties and liabilities.5 Fear of statutory liability gives further credence to the importance of clear, concise and uniform interpretation and application of the statutory duties. The statutory duties and liabilities do not replace their common law equivalents. Interpretation, application and development of the statutory duties and liabilities must align with those embedded in the common law.6 Alignment becomes increasingly difficult, however, when inconsistencies and contradictions between these two primary sources of law run rampant. The provisions of section 77(2)(a), conceivably, showcase such a misalignment between the common law and the Act.

Foreign Direct Investment (FDI) constitutes an important tool regarding the generation of capital inflow and economic growth and development, particularly for developing countires. Bilateral Investment Treaties (BITs) constitute the prevalent global mechanism in respect of the protection of FDI. Following the Apartheid era and its economic isolation, South Africa concluded numerous BITs with capital exporting countries, especially European countries, in order to show its desire to reengage with the international community especially by the provision of long-term protection regarding foreign investments made within the Republic. However, in 2008 the South African government conducted a review of its BITs as a reaction to the ICSID case Piero Foresti et al. v Republic of South Africa. This review process was concluded by the decision to terminate or not to renew numerous BITs, particularly with European countries, whilst establishing a national investment policy framework. Subsequently, in December 2015 the Protection of Investment Act No. 22 of 2015 was promulgated. The replacement of BITs with national legislation was widely criticised by members of the international investment community asserting that the scope of protection regarding FDIs within the South African territory was significantly lower than under the previous BITs and the enactment of the Investment Act sent a negative signal to foreign investors. The South African Department of Trade and Industry, on the contrary alleged that an overhaul of the current investment framework was necessary due to unacceptably limited policy space and neglect of the specific socio-economic challenges found in South Africa in regards to BITs. Generally, BITs inhibited the promulgation of vital national legislations, which sought to rectify the abhorrent racial discrimination and injustice experienced by the majority of South Africans during Apartheid. Furthermore, the investor-state dispute settlement provisions allowed mere commercial interests to influence crucial national concerns in an intolerable way. This dissertation assesses the Protection of Investment Act No. 22 of 2015 against the background of these opposing assertions. By outlining the protection mechanisms ordinarily provided by BITs and the customary international minimum standard and the examination of the provisions entailed by the Protection of Investment Act No. 22 of 2015, this dissertation shows that certain stipulations of the Investment Act provide a considerably lower scope of protection regarding foreign investments in comparison to the previous BITs. Particularly in terms of crucial elements such as fair and equitable treatment, most-favoured nation treatment and investor-state dispute settlement, the protection of foreign investments is reduced. Moreover, the Investment Act and the Constitution of the Republic of South Africa No. 108 of 1996 determine a significantly narrower concept of expropriation, whilst lacking provisions regarding compulsory payment of compensation in terms of indirect measures, and a limited concept of full protection and security. These stipulations are essentially incompatible with the requirements of the customary international minimum standard. Therefore, the Protection of Investment Act No. 22 of 2015 is likely to create uncertainty and unpredictability regarding the protection of investments, and is likely to decrease investor confidence in South Africa as an investment venue. The thesis concludes that the manner of utilisation of the preserved policy space, and the application not only of the Investment Act, but of the entirety of the foreign investment related legislation, will be decisive in order to achieve a harmonious balance between the domestic public interest, policy space and foreign investors' need for predictable and reliable investment protection. It will be necessary for the government to show its dedication and commitment towards the establishment of a balanced regime, equally taking into account the respective needs and interests whilst preventing arbitrariness and discrimination, in order to maintain South Africa's status as a foreign investment-friendly venue and to convince foreign investors of the continued long-term protection of investments in South Africa.