In recent years, the People's Republic of China has been expanding its presence in Africa and developing enterprises across the African continent. China is now one of the largest investors and trading partner in Africa. The impact of this investment on labour standards, and the expectation of Chinese investors in this regard, is likely to be a concern for host countries. The purpose of this study is to consider whether China's approach to freedom of association and the right to collective bargaining is compatible with international labour standards, which have been ratified by most African countries. This is achieved by comparing the relevant laws in China, that regulate freedom of association and collective bargaining, against the international standards set by the International Labour Organisation's (ILO) Conventions and Recommendations. In particular, the provisions of the Freedom of Association Convention (No. 87) and the Collective Bargaining Convention (No .98), among others, together with the findings of the ILO Committee on Freedom of Association, are used to determine an international standards ‘comparator'. The Chinese Labour Law, Trade Union Law and Labour Contract Law are subsequently evaluated against this comparator in order to determine the extent of compliance of the Chinese labour system with international labour standards. The outcome of the comparison shows a broad degree of compliance with international standards relating to the formal recognition in law of the rights to freedom of association and collective bargaining as well as the identification of vulnerable classes of workers such as women, migrant workers and rural workers. However, two major discrepancies in the Chinese legal system were found: first, in relation to trade unions - the existence of one centralised representative organisation known as the All-China Federation of Trade Unions (ACFTU), with overarching authority, infringes the establishment, autonomy, independence and functioning of smaller grass-roots trade unions. Second, the right to strike was found to be suppressed in China. Ultimately, the Chinese formulation of the right to freedom of association and the exercise thereof is inherently different to the international standards. The right is conceptualised and practiced within the Chinese socialist market economy under the guidance of the Communist Party which is the supreme power in the democratic dictatorship. Therefore, the Chinese experience and understanding of the right to freedom of association and the right to strike may be fundamentally different to African states in terms of its content, ideological underpinning, exercise and enforcement. These findings demonstrate a need for African countries that host Chinese investment to proactively guard against the labour rights violations that may occur due to the differing domestic legal frameworks.

The OECD's MLI was tabled for signature on 7 June 2017 and South Africa was amongst the first 68 countries to sign the MLI on that date. With its signature, South Africa made the provisional selection to adopt the PPT minimum standard, which was introduced by the OECD's Final Report on BEPS Action 6. This minimum standard effectively incorporates a treaty GAAR into South Africa's treaties that are covered under the MLI. However, South Africa already has a very comprehensive and complicated domestic GAAR. In their review of the OECD's Final Report on BEPS Action 6, the Davis Tax Committee observed that the GAAR and the PPT serve a similar purpose and that the GAAR can be applied to prevent the abuse of treaties. They stated further, that one could therefore argue that there is no need for South Africa to amend its treaties to include the PPT. Nevertheless, as much as the OECD Final Report on BEPS Action 6 clearly explains that domestic law provisions can be applied to prevent treaty abuse, there could be concerns of treaty override if South Africa applies its GAAR in a treaty context. This dissertation's objective was to investigate the Davis Tax Committee's propositions noted above. An in depth analysis and comparison of the GAAR and the PPT resulted in the conclusion that the Davis Tax Committee's propositions were correct. The core purpose and functions of the GAAR and PPT are similar to the extent that the GAAR could be applied to prevent treaty abuse, instead of the PPT. The South African legal framework is further set up in such a way that the GAAR can not only be legally applied in a treaty context, but that it would trump a treaty provision in the event of an irreconcilable clash, which results in the Davis Tax Committee's concern for treaty override. Despite the conclusion that the GAAR may replace the PPT, it may not be practical for South Africa to apply its GAAR in a treaty context and it was concluded that it is highly unlikely that South Africa would substitute the PPT for the GAAR.

This dissertation offers a policy analysis of the African Continental Free Trade Area (AfCFTA). The analysis aims to assess the prospects and challenges for implementation of the AfCFTA, and thereby to contribute to research on trade and regional integration in Africa and International Political Economy (IPE) theory testing. Throughout, emphasis is placed on the critical importance of both economic and political aspects of regional integration, which are often de-emphasised in conventional theoretical standpoints. The analysis highlights the need to avoid pursuing solely economic or political policy implementation and integration in order to achieve successful outcomes from the AfCFTA. Quintessential debates in regional theory are outlined. An analysis of the Eurocentric founding literature is undertaken, from which the origins of the false distinction between the state and the market in regional integration literature is identified. In the wake of the deficient explanatory capacity of European integration theories for African regionalism, alternate and more contemporary theoretical approaches are outlined, drawing from literature focussing on theories of new regionalism and the historical development of African regionalism. The slowing of regional integration globally, as well as the limited success of several aspects of Africa's overlapping Regional Economic Communities suggest that economic integration can only be sustained in environments where active political participation co-functions with successfully managed market integration. Thus, a political economy approach to the analysis and implementation of the AfCFTA is emphasised, in order to ensure both states and markets are incorporated into the regional integration literature. Research methods utilised include a review of regional integration literature, analysis of relevant macroeconomic data relating to international trade in Africa, a review of AfCFTA legal and policy documents, as well as situating the study within the wider theoretical body of regional integration literature and IPE. The analysis showed that despite critical challenges relating to implementation and coordination, the AfCFTA has significant potential benefits. It is concluded that a political economy approach to implementation would enhance the longterm prospects for regional integration in Africa and the AfCFTA specifically, by ensuring stakeholders in the political and economic spheres link their goals and methods of implementation to formulate long-term institutions for growth.

In a human-like form and programmed with artificial intelligence, sex robots are becoming increasingly prevalent, also as a result of the restrictions on social interactions caused by the COVID-19 pandemic. Because of their programming, sex robots offer both a physical and psychological dimension for users, thereby raising concerns not usually linked to sex toys. The purpose of this dissertation is to examine whether the international human rights instruments on women's human rights relates to concerns raised by sex robots. The focus is mainly on whether sex robots exacerbate harmful gender stereotypes or can be considered discriminatory against women. Furthermore, it is examined whether a State is obligated to respond to the manufacture, distribution and use of sex robots, even though these activities are carried out by private citizens and entities. By applying a dynamic and teleological approach combined with the Vienna Convention on the Law of Treaties' provisions on treaty interpretation, the relevant treaties, treaty body decisions and soft law are examined to determine whether sex robots are harmful to women and what obligations states have in that regard as a result of private actor activities. Sex robots in their current form portray women in a hypersexualised manner, both with appearance and behaviour. While it is not yet clear whether such portrayal will cause a surge in sexual violence against women, sex robots undoubtedly represent a stereotypical and degrading depiction of women, resulting in adverse effects on women's mental health. According to the Convention on the Elimination of All Forms of Discrimination Against Women and other key human rights treaties, member states have an obligation to modify harmful gender stereotypes and eliminate gender stereotyping and other discriminatory practices towards women. Thus, in relation to sex robots, member states must take appropriate measures, like introducing legislation or policies on sex robots' manufacture, distribution and use. Since restrictive legislation on the use of sex robots may interfere with other fundamental human rights - including the user's right to privacy and health - it is recommended that the measures introduced by states focus on the production of sex robots.

The Organisation for Economic Cooperation and Development released the 2017 Model Tax Convention on Income and on Capital (hereafter "Convention") which contains a Principal Purpose Test under article 29(9). The practical application of this test is explained with the use of various examples within the accompanying commentary to the Convention. However, various ambiguities both in the Convention and the accompanying commentary exist. The author raises these ambiguities and contrasts them with the general anti-avoidance rule (hereafter "GAAR") found within S80A of the Income Tax Act 8 of 1962. In doing so, the author asked which areas of the Principal Purpose Test are vague and can be interpreted in light of the South African GAAR to assist with attributing a meaning to it. The key findings from this paper identified various areas of the Principal Purpose Test where the GAAR could be used to assist in the interpretation and application of the Principal Purpose Test being the phrases "the principal purpose", "benefit" and "arrangement". Other areas of ambiguity which were also interpreted with the assistance of the GAAR related to whether the Principal Purpose Test contained a business reality test as well as the further aspects of the test relating to its interpretative aspect, subjective enquiry and burden of proof. It was argued that these areas may indicate how the South African courts may apply the Principal Purpose Test in the South African context.

This minor dissertation analyses how different courts review the exercise of discretion under specific model-based tax treaty clauses that confer wide decision-making powers to officials. The aim is to identify whether there is convergence in argument that may be of relevance to other courts for the uniform interpretation of tax treaties. The research methodology adopted in this dissertation is doctrinal research. It was conducted primarily through foreign case law sourced from the International Tax Law Reports and the International Bureau of Fiscal Documentation. It is concluded in this minor dissertation that there is evidence of convergence on the justiciability of requests for the cross-border exchange of taxpayer information. The courts are recognising the principle of legality with differences in their approach to judicial review. There is an extent of convergence in respect of the interpretation of the standard of foreseeable relevance as condition to legality in this context, with most courts applying a deferential approach. There is also evidence of convergence in relation to confidentiality provisions with the courts applying principles of procedural fairness with slight divergence on issues of disclosure. It is not possible at this stage to determine convergence in respect of the model-based mutual agreement procedure and principal purpose test. Case law analysed in these contexts are however instructive and provide arguments that may be of value to other courts.

Includes abstract. / Includes bibliographical references (leaves 70-76). / Contemporary food security concerns in sub-Saharan Africa centre on the pertinence of food versus fuel forms of production. As the global energy market enters into the postfossil-fuel epoch, the demand on land for commercial biofuel and feedstock production threatens the livelihood of sub-Saharan Africa's sizeable peasant community. This paper examines the theoretical and paradigmatic attributes of the human security and food security rubric, and its pertinence in accounting for the social threats which threaten individuals within an increasingly interconnected global economic system. While the emergence of these neologisms of the critical security studies school represent a marked divergence from that of the traditional approach of understanding security threats, they remained mired in contestation due to their lack of theoretical parsimony.

Includes bibliographical references. / The scientific community has shown that climate change is occurring and is caused mainly by human activities. This state of affairs has various societal and environmental implications which has demanded attention and raised concerns about the future of human life on earth. Increasing concerns about climate change has led the international community, regional bodies and national governments to adopt legal instruments and other mechanisms to address the phenomenon. In these efforts and measures mitigation and adaptation have been the prominent response strategies. However, adaptation to climate change has experienced much less attention than mitigation. This research provides a conceptual analysis of adaptation, and discusses some socio-economic and cultural implications of climate change in the Southern African Development Community (SADC), in order to show why adaptation is a better response to climate change. The research outlines and assesses the relevant developments in international, African and mainly SADC’s responses to climate change through adaptation in their legal and institutional frameworks. This includes related developments in Namibia and South Africa as SADC Member States. The study advocates for regional consensus to design a holistic policy framework and effective governance on adaptation to climate change in the SADC, as one of the world’s most vulnerable regions. As such, the study further examines the aspect of good governance and institutional frameworks as essentials for climate change adaptation in the SADC context. It concludes that it is necessary for SADC member states to cooperate in formulating an integrated and comprehensive protocol on adaptation.

Bibliography: leaves 176-202. / There are an enormous number of competing interpretations of South Africa's apartheid era policies both in the region and towards Angola. With South Africa's role in the Angolan civil war as its case study, this paper evaluates the relative utility of certain selected approaches to international relations theory. This paper evaluates the relative utility of system level versus unit level theories to explain the nature of South African involvement in the Angolan conflict. These two categories are represented by nee-realist structural theory and, secondly, by a variety of unit level theories typically concerned with South Africa's domestic environment. This dissertation demonstrates, through the actual events, the utility of these two distinct theoretical approaches. Given the above approach and objectives, the methodology consists firstly of a critical conceptual review and analysis of each paradigm as a useful explanation of South African foreign relations. It consists secondly, of a more "empirical" assessment of their value in accounting for or illuminating significant aspects of the internal and external sources of motivation for South Africa's military intervention. The empirical evidence is examined according to four stages: firstly; a review of the related literature, secondly; South Africa's initial intervention and the presence of US aid in 1975, thirdly; the widening of the conflict post 1978 under P. W. Botha, and fourthly; the departure of all the major foreign influences and final resolution of the Angolan conflict. This exercise extends until 1988 which, in December of that year, witnessed the cessation of all external intervention. The conclusion recommends further research in the form of empirical case studies which consider both the application of international relations theory as well as the military dimension of the conflict.

In this minor dissertation, the use and choice of weapons employed during the armed conflict between Georgia and Russia in 2008 over South Ossetia will be analysed. Due to the fact that cluster munitions were used by both parties, and that they are a controversial weapon with regard the principles regulating the use and choice of weapons, section I of this dissertation will focus on them and their regulation in international law. Section II will focus on the facts concerning the 2008 conflict over and South Ossetia. Section III will look at the international humanitarian laws applicable and relevant to this dissertation. In sections IV, V, and VI arguments will be raised in order to attribute violations of international humanitarian law to Georgia, while countering foreseeable arguments which could be invoked against Russia. This dissertation will therefore only analyse the provisions when they are pertinent to that aim. The desired outcome of proceeding in such a manner is that since both the viewpoints of the claimant and the defendant will be analysed, an extended and well-rounded view on the law, its interpretation, controversies, opinions of established scholars and jurisprudence, will be given. The relevant principles relating to the use and choice of weapons which will be analysed are: the principle of discrimination (section IV), the principle of proportionality (section V), as well as the prohibition to cause superfluous harm (section VI). Certain specific issues such as human shields will also be looked at in the analysis of a particular attack. In the analysis of this conflict, both well-established arguments, as well as controversial or disputed ones, will be presented in order to support either side. This analysis will argue that Georgia violated international humanitarian law, while defending Russia's conduct, however, the arguments presented will remain coherent and not contradict each other. This paper's scope will be limited to analysing attacks which are sufficiently documented and imply a problem of use and choice of weapons; as opposed to the ones which solely purport an issue of military objective and were hit by a precise missile. Indeed, this dissertation focuses more on controversial weapons and whether they violate international humanitarian law solely by their inherent nature, that is, the mere choice of using them would be in violation of the law; or by their specific use in the attack. The four attacks analysed will allow an in depth analysis of the different aspects that the use and choice of weapons can entail; the 2 dissertation will therefore be limited to them and any further attack which do not bring to light any new arguments will not be investigated. The attacks which will be examined in the context of the conflict over South Ossetia occurred both in South Ossetia as well as non-disputed Georgian territory. These are: the one launched by Georgia using BM-21 Grads multiple rocket launchers on Tskhinvali and surrounding villages lasting from the night of the 7th of August until some point during the day of the 8th of August;1 the 9th of August attack where Georgia employed Mk-4 cluster munition rockets containing M85 submunitions over Gori district villages, the Roki tunnel and according to a witness, Dzara Road2; Russia's attack on Gori city on the 12th of August using an Iskander-M SS-26 cluster munition missile;3 as well as the firing of a few missiles on a school in Gori city by the Russian air force on the 9th of August.4 The entirety of the facts pertaining to the conflict are drawn from the report on the conflict carried out by Human Rights Watch entitled 'Up in Flames'.5 The analysis of the relevant provisions will proceed as follows: the rules will be analysed one by one, following the general introduction to the rule, general statements regarding its interpretation and application, the law will then be applied to the different attacks, given that enough facts are provided and that it pertains to the aim of the dissertation. If there are specific interpretations or applications of the law which are only relevant to one attack, it will be mentioned directly under said attack.