Trademarks are a valuable asset of a business and play a crucial role with regards to the quality of goods and its reputation, however, the rise in counterfeiting activities is undermining those benefits. Counterfeiting activities are considered to be the fastest growing phenomenon that focuses solely on reputable international brands ranging from cosmetics, watches, shoes and clothing, to cars and aeroplane parts. It has engulfed the world economy by dealing with fake commodities and intellectual property rights across the board. The PhD thesis looks at the relevant trademark laws in the Gulf Cooperation Council States (GCC) as an effective enforcement mechanism to deal with the rise of counterfeiting activities in the region. The GCC States have been listed among the countries with significant problems in terms of intellectual property protection and enforcement. Thus, the importance and effectiveness of border measures, judicial process, including civil and criminal proceedings in all six Member States are analysed using a combination of comparative, doctrinal, and socio-legal research. The main objective of the thesis is to show the degree to which the GCC States' legislative regimes and their enforcement efforts addresses counterfeiting problems to meet their international treaty obligations.

The modern role of the law of contract imposes a duty on the state to regulate the way individuals treat each other in the marketplace as part of fulfilling its social role. This thesis investigates the situation of contractual justice under Shariah and English law. It tests the extent to which contractual justice is protected under Shariah and English laws of contract. It indicates that the English law of contract is focused on the absolute sanctity of contract (in its classical form) and economic efficiency (in its modern form). On the other hand, the Shariah law of contract is governed by the general principle that gain comes only from labour and stresses the importance of the equivalence of counter-values. It reveals that while contractual justice under the English law of contract is procedurally oriented, it is substantively oriented under the Shariah law of contract. Additionally, the thesis also discusses the role of the law of consumer protection in pursuing contractual justice. While the consumer is protected under the English law by legislative control, the Shariah law of contract, which was the product of the seventh and eighth centuries, does not recognise the concept of the consumer. One would accordingly question the legitimacy of the action of protecting consumers in those states (take for example Saudi Arabia) that adopt Shariah as the law of the state. Most of the states, which adopt Shariah either alongside other normative systems or as the entire code, grant some kind of consumer protection measures within the law of contract. The thesis attempts to fill this gap by testing the viability of consumer protection derived from the Shariah law of contract. In doing so, attention is paid to the theoretical and practical aspects of the law. It is revealed that the Shariah law of contract is fit both from a theoretical and a practical perspective to serve the aims of consumer protection. The outcomes of the research should guide and enhance the legitimacy of consumer protection measures in Shariah-ruled countries.

Magister Legum - LLM / As the world evolves new perils emerge which pose a significant threat to human and child rights, it is imperative that the protection of these rights is prioritised. Human rights can be defined as the rights that every human being is entitled to. The Universal Declaration of Human Rights (UDHR) was one of the first international legal instruments which set forth the basic human rights of citizens which are applicable irrespective of race, culture, sex or economic standing highlighting the universal applicability of human rights. Human rights violations have been prevalent on the African continent due to regimes such as apartheid and the innumerable armed conflicts which have played out in states such as Sierra Leone, Angola, South Sudan and Uganda. Over the past century a variety of insurgent groups have emerged, and their actions has resulted in catastrophic human rights violations across continent. Insurgent groups such as the Lord’s Resistance Army in Uganda, Al-Shabab in Somalia, M 23 in the Democratic Republic of Congo and the Tajoura Battalion in Libya are some of the armed factions at the forefront of current conflicts.

Cette thèse porte sur le droit des femmes et les enjeux d'une amélioration de leur statut juridique et social. L'analyse des textes qui gouvernent le droit des femmes, essentiellement issues de la Charia, Constitution et lois du pays, révèle la nécessité de codifier les lois. La place des femmes dans l'ordre juridique saoudien est étudiée à travers la force de la loi islamique au sein du corpus juridique et l'influence des droits de l'homme internationalement reconnue. Les droits matrimoniaux sont exposés puisque la place des femmes dans la famille permet de mieux comprendre le statut des femmes au sein de la société. De nombreux obstacles ont longtemps entravé les libertés des femmes, particulièrement le poids des traditions, mais un nouveau pouvoir au féminin s'est imposé surtout depuis la nouvelle vision de l'Arabie Saoudite de 2030. Le gouvernement, la société saoudienne et les entreprises ont ensemble un rôle à jouer pour rendre justice aux femmes. / This thesis focuses on Saudi women's rights and the challenges to improve their legal and social status within the Kingdom. The analysis of the legal texts that govern women's rights from the sole official Constitution of the country - Shariah Law- reveals the need to codify laws. Women's position in the Saudi legal system is researched through the influence of Islamic Law and the international standards of human rights. A woman's rights within the household is a relevant indicator to her placement within the ranks of society. Many obstacles have long hindered women's freedom, particularly customs ans traditions as compulsory to society upbringing. Nevertheless, a new form of female power has emerged since the establishment of the Saudi Vision 2030. Moreover, the public and private sectors, including the society, have a major role to undertake in ensuring justice for women.

With the rapid development of the Islamic banking and finance in South Africa, the legal regime of South Africa, must be able to progress at the same rate of development. The recognition of a foreign legal system such as Islamic law in South Africa is challenging and difficult. South Africa, has an interest based insurance legislative framework and this is not aligned with the principles of the Islamic financial system. As a result of this, regulators have taken various measures to develop and promote the Islamic Industry. The amendment to the South African Tax legislation has created an equitable and level playing field for Islamic law. The South African government also has a further obligation which is to develop a legislative framework to govern Islamic law, as well as to enhance the regulatory and supervisory framework. The study of the development of the Islamic legal regime is an important area that aids legal practitioners in identifying and resolving legal disputes. The purpose of this paper is to examine the accommodation of the Islamic law of Takaful under the South African Insurance legal framework. / Public, Constitutional and International Law / LL. M. (Public, Constitutional and International Law)