The General Agreement on Tariffs and Trade 1947 (hereafter referred to as the GATT) emerged in the aftermath of World War II and, despite the initial intention that it would serve as a mere interim arrangement while the administrative framework of the International Trade Organisation was finalised, the GATT would proceed to guide the course of multilateral trade throughout the twentieth century. What is often overlooked in mainstream analyses of the key principles underpinning the liberal international economic order is the significance of the negotiating history of the GATT which was dominated by two main participants, the United States and the United Kingdom. These parties experienced very different growth trajectories following World War II and so sought to advance different national interests within the negotiating forum. Briefly, while the United States was benefitting from an unprecedented increase in its economic and political power and wanted to see greater market access for its domestic industries, the United Kingdom was undergoing a difficult period of recovery and wanted to consolidate its system of imperial preferences. Nevertheless, because neither could unilaterally dominate the international policy space and because both recognised the value in promoting free trade for international political stability, they would ultimately reach a negotiated compromise resulting in the final codification of the GATT. In adopting a historical and textual methodology, this dissertation will argue that, in order to gain a more nuanced understanding of the principles underlying the GATT, one ought to examine the complexities of the negotiations leading up to its final codification, including the domestic interests advanced by the negotiating parties as well as contemporary hegemonic power dynamics.

This thesis discusses the adjudication of child relocation disputes (CRDs) in South Africa. The central thesis is that judges require adequate legislative guidance when exercising their discretion in CRDs. At present, judges adopt widely different reasonings when adjudicating CRDs and this has led to inconsistent CRDs jurisprudence. Due to lack of legislative guidelines, judges can choose to rely on any factor to reach their desired outcomes while at the same time rejecting those factors that might contradict their intended outcomes. In typical CRDs, parents who have been awarded the care and residency (usually mothers) wish to relocate with their children. They usually attempt to justify the proposed relocation on factors such as: their right to freedom of movement; pursuit of new romantic relationships; better work opportunities; improved standard of living; concern about crime; attainment of quality education; reuniting with family members; lack of family support; and abuse from non-custodial parents among others. Non-custodial parents often object to the proposed relocation on the basis that relocation will affect their rights to maintain contact with their children. To substantiate this claim, they usually indicate the extent of their interest in their children's lives and the amount of time they spend with their children. They often question the genuineness and good faith of the intended relocation and cast doubt on the ability of relocating parents to provide a better life for their children post-relocation. Occasionally, they invoke arguments relating to the disruption of the child's life and routine, including schooling, faith, and extramural activities. This thesis argues that CRDs are not as unique as they are often made out to be. For every CRD, there is likely to be precedent, local or foreign that can shed light on how such dispute should be adjudicated. However, many CRDs cases, both in South Africa and in foreign jurisdictions deal with similar CRDs differently. This makes it easy for judges who are adjudicating CRDs to reject certain precedents and follow others, or to reject the approaches of all previous cases and formulate their own novel approaches. This thesis argues that judges through their discretion can formulate their own approaches, which they can use to reject evidence that is contrary to their desired outcomes and rely instead on evidence that supports their intended outcomes. As a result, CRDs jurisprudence invokes many judicial approaches such as: reliance on predetermined presumptions for and against relocation; the reasonableness test; tender years and maternal preference; and the exceptional or compelling circumstances test. Judges can use these tests to either grant or refuse custodial parents' permission to relocate. When the application of certain tests works against their intended outcomes, judges have skilfully deviated from such tests to suit their subjective views on parenting. Judicial discretion is usually exercised in the name of the Best Interests of the Child (BIC) principle, which is thoroughly discussed in this thesis. Most importantly, this thesis argues for the limitation of judicial discretion in CRDs through the provision of legislative guidelines which will assist judges when determining CRDs. This thesis proposes an amendment to the Children's Act 38 of 2005, to incorporate a specific chapter dealing with CRDs which considers the involvement of both parents in their children's lives to the extent possible. There is a shift in thinking regarding CRDs in some jurisdictions, where the roles of both parents in their children's lives are adequately assessed when CRDs are determined. The proposal of this thesis is centred around the establishment of a legislative mechanism that will enable judges to identify, select, weigh, and adequately balance competing factors in CRDs to ensure that all cases are thoroughly investigated and considered.

This thesis circles around the history of the criminalisation of cannabis as well as its decriminalisation around 100 years later. While dagga was cultivated and used by the indigenous tribes long before the first settlers arrived and even remained a legal substance during the colonial period, with the implementation of the first national legislation in 1922, the long history of harsh punishments began. Relating the harsh legislation on dagga to its estimated risks, I ultimately confirm dagga to be the black sheep among drugs, having experienced a racial prohibition. In September 2018, the Constitutional Court partially decriminalised dagga, due to the inconsistency of certain regulations prohibiting the use, possession, and cultivation of dagga with the right to privacy as referenced from section 14 of the Constitution. Emphasising the significant and practical impact of this judgement, possibly positive effects of the decision as well as the newly introduced Cannabis for Private Purposes Bill on the desperately overwhelmed criminal justice system are examined. Concluding, I find that the discourse around dagga most certainly is far from complete but that we have to continue conducting it. Because if history teaches us one thing it is that dagga is here to stay.

The matter of this survey is the so-called disappointed-beneficiary cases. In these cases an intended beneficiary of a will suffers a loss, because the will is rendered invalid due to legal malpractice of the will-preparing lawyer. There are several difficult problems contained in these cases. The problems shall be examined by comparing the solutions for these cases under English and under German law. - As will be seen below, policy-considerations form the core of the leading court decisions dealing with that problem in England as well as in Germany because no satisfactory theoretical solution to the problem is been found yet. But in both jurisdictions it seems that the courts and writers concerned with these cases seem to tend to the opinion that the policy reasons are speaking for a solution in which the lawyer is held liable to the disappointed beneficiary. Since the theoretical problems are still not solved, these policy arguments are of crucial importance in the disappointed-beneficiary cases. Next to a survey of the conceptual issues it shall therefore be tried to examine these policy arguments carefully.

The Centre for Local Government Training, Western Cape, has been running a training/orientation programme for local government councillors since the beginning of 1996. ' As part of this programme, I have had the opportunity to conduct the training of a basic module on local government and administrative law for several transitional local councils. From the numerous questions asked in this regard, it soon became clear that many councillors were uncertain as to when they had to recuse themselves from council meetings on the grounds of bias, or a possibility of bias. Not surprisingly, as the test for bias in non-judicial administrative decision making is far from clear, even to lawyers, many councillors appeared to have difficulty in applying the test to their personal circumstances. It is hoped that this dissertation, in shortened and simplified form, can serve as a practical guide to councillors in this regard. After all, prevention is better than cure, and any unnecessary court proceedings that can be avoided, will be saving the ratepayers thousands of rands. At the outset, the rules of natural justice will be briefly discussed, as well as section 33 of the Constitution of the Republic of South Africa, no 108 of 1996. This will be followed by a detailed discussion of the rule against bias: including the test to be applied; the grounds for the appearance of disqualifying bias illustrated by a discussion of case law; the issue of departmental bias; the consequences of impermissible bias; and the doctrine of necessity. The focus will then move to local government, and the relevant legislation as expounded by the courts. Finally, the consequences of a biased decision in local government will be looked at, and the constitutionality of certain sections of the local government ordinances questioned.

In most of the situations where is more than one person involved one person is superior to the other. The father is superior to his child, the employer is superior to the employees, the captain is superior to his team or the general is superior to his soldiers. If there is a task to be carried out, any person may carry this task out on grounds of free will. But if the person does not want to carry out this task, then the superior may order him to do so. But what happens if the task carried out after such an order been given proves to be wrong? What if it even fulfils the definition of the crime? The ordered person may be accused of committing a crime and then may say: "But I was ordered to do so. Blame my superior but not me!" This dissertation will deal with the legal background of this "defence" raised by the accused. It will compare the three different legal systems of Germany, the United States of America and South Africa to determine on which grounds a superior order given prior to the act can serve as a basis for a defence. The three legal systems, the history, the acceptance by the courts and all the prerequisites established in the course of decades of jurisprudence will be analysed in order to establish a scheme under which these countries deal with superior orders being involved prior to a crime or offence committed by the receiving inferior.

This thesis deals with the question of how the existence and extent of damage, as well as well the proper amount of damages, · are to be determined in the case of delict. To answer this question most legal systems have developed different rules and principles which do work satisfactorily in most cases. There are, however, certain cases in which the basic principles do not lead to satisfying results. In these cases courts often have a problem establishing their, decision, as neither basic legal principles nor legal theory are able to provide a satisfying solution.

Few topics in South African Family law have received as much attention by the Courts, Legislators, academics and the general public as the legal relationship between fathers and their extra-marital children. The widespread national interest peaked recently in 1997 in the delivery of the sensationalised Fraser judgement by the South African Constitutional Court. Through the declaration of this judgement, the Court broke new ground in pronouncing decisively not only on the rights of an unmarried father but also on the application of the right to equality within the context of a post-constitutional South Africa.

The benefits of Mineral resources must be distributed equitably and sustainably among all mining stakeholders including mining communities. Sustainable mining practices extend to the promotion of socio-economic development of local communities affected by mining activities. Mining communities often bear the brunt of the negative effects of mining, which include environmental degradation and interruption of social and cultural norms. In recent times, mining communities have increasingly raised concerns and complaints in opposition to the commencement of mining projects or ongoing mining projects where mining companies have failed to fulfil their end of the bargain. For example, in South Africa, the unrest leading to the unfortunate events at Marikana in 2012 led to significant scrutiny on the role of mining companies in the socio-economic development of mine labourers and mining communities. In particular, the effectiveness of Social and Labour Plans was brought under scrutiny. Additionally, the Constitutional Court has recently adjudicated cases relating to the relationship between mining companies and mining communities whereby the need for meaningful consultation with mining communities before the grant of a mining license was emphasized. This dissertation analyses whether the legal framework in South Africa adequately safeguards the rights of mining communities. Further, it considers whether the mechanisms put in place in the mining legal and regulatory framework, for example, the requirement of consultation with interested and affected parties, sufficiently protect mining communities. A proposal is made for the incorporation of Community Development Agreements into the legal framework to safeguard mining community rights for the following reasons. First, the agreement provides legally binding obligations for both parties. Secondly, it serves a powerful mechanism in sharing the benefits of mining. Thirdly, it provides a clear structure for the mitigation of some of the negative impacts of mining through socio-economic development of mining communities.

Includes abstract. / Includes bibliographical references. / This study is limited to technology based companies and transactions, but it provides a basic overview of the changes in intellectual property laws in jurisdictions relevant to the topic of this thesis, and in particularly addresses the impact on Chinese and Japanese laws due to TRIPS and WTO.