Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 90-109 of 963
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Can an emoji be considered as defamation? A legal analysis of Burrows v Houda [2020] NSWDC 485
(PER/PELJ, 2021)This article considers the Australian case of Burrows v Houda 2020 NSWDC 485 and the English case of Lord McAlpine v Bercow 2013 EWHC 1342 (QB). Both cases considered the question of whether emojis could be considered ... -
Can decentralisation contribute to promoting rule-of-law structures? The democratic republic of Congo, Rwanda and Burundi as examples
(2012)Decentralisation can enable a country's population to exercise political influence at regional and local level. This presupposes a willingness to assume responsibility. It also presupposes that those in power are willing ... -
Can the application of the human rights of the child in a criminal case result in a therapeutic outcome?
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)Prior to the change brought about by S v M,1 the interests of children were only considered as a circumstance or mitigating factor of the offender during the sentencing process. The article will discuss case law in order ... -
Can traditional knowledge be effectively covered under a single "umbrella?"
(North-West University (Potchefstroom Campus), Faculty of Law, 2010) -
Canefe, N. 2022. Critical Perspectives on Crimes against Humanity : The Limits of Universal Jurisdiction in the Global South (University of Wales Press 2020) [Book review]
(PER/PELJ, 2022)In the current anti-accountability sentiment that has plagued most of Africa, triggered by the nasty politics of selectivity that is primarily motivated by considerations of realpolitik or the interests of specific states, ... -
A Case for Transnational Law in Contemporary Times
(PER/PELJ, 2020)When Jessup first wrote about transnational law about 60 years ago, scholarship on globalisation had not started yet. It seems though that transnational law, as we understand it, is as closely related to and has been ... -
Case Law as an authoritative source of customary law: piecemeal recording of (living) customary law?
(PER/PELJ, 2019)This contribution deals with the question of whether a judgment from a mainstream court dealing with customary law can be regarded as authority and thus as a recording of a customary rule or rules. When a mainstream court ... -
The case of government of the Republic of Zimbabwe v Louis Karel Fick : a first step towards developing a doctrine on the status of international judgments within the domestic legal order
(2014)The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the ... -
Cave pecuniam: lawyers as launderers
(2012)The attorney’s trust account is an enticing prospect for criminals seeking ways to launder money acquired illegally, and the attorney whose trust account is abused in this way stands to be branded and punished as a money ... -
Challenge and Opportunity: the ALI/III Global Principles Project
(2008)This article deals with an international project to establish the extent to which it is feasible to achieve a worldwide acceptance of the Principles of Cooperation among the NAFTA Countries together with the Guidelines ... -
Challenges confronting health care workers in government's ARV rollout: rights and responsibilities
(2012)South Africa is renowned for having a progressive Constitution with strong protection of human rights, including protection for persons using the public health system. While significant recent discourse and jurisprudence ... -
Challenges surrounding the adjudication of women's rights in relation to customary law and practices in Tanzania
(PER/PELJ, 2019)Women's rights litigation has produced varied outcomes in many African countries. Although courts have looked at the legislation that discriminates against women with different degrees of success, matters such as tradition ... -
Challenges to the prohibition on sovereignty in Outer Space - A new frontier for space governance
(PER/PELJ, 2021)The current space arena has changed significantly since the 1950s, when outer space activities commenced. At the time of the adoption of the Outer Space Treaty (and the related General Assembly Resolutions), the outer ... -
Change to a Skills-Based LLB Curriculum: A Qualitative Study of Participants in a Family Law Course
(2017-12-08)The transformation of educational institutions in South Africa led to institutions of higher learning rethinking their role in the new democratic era. This changed context called for wide-ranging curriculum reform within ... -
The changing identity on succession to chieftaincy in the institution of traditional leadership : Mphephu v Mphephu-Ramabulana (948/17) [2019] ZASCA 58
(PER/PELJ, 2020)The institution of traditional leadership has from time immemorial been central to traditional authority in the system of customary law. After the dawn of democracy in 1994, the role was fundamentally entrenched in the ... -
The changing public policy and automatic termination of fixed-term employment contracts in South Africa
(2017)Automatic termination is an accepted means of terminating fixed-term employment relationships. The use of "automatic termination" clauses in employment contracts has become commonplace. Awareness of the potential for abuse ... -
The changing rules of jus ad bellum: conflicts in Kosovo, Iraq and Afghanistan
(2004)This article focuses on three instances of the use of armed force in international relations. The three instances that are explored are the intervention by NATO in Kosovo, the armed attack by mainly the USA and the UK ... -
Chaos in family law: a model for the recognition of intimate relationships in South Africa
(2013)The chaos theory is utilised in a metaphorical manner to describe the current state of family law and more specifically law regulating intimate relationships in South Africa. A bird's eye view of the law of intimate ... -
The characteristics of an abstract system for the transfer of property in South African law as distinguished from a casual system
(2012)Two divergent systems are usually differentiated between when it comes to the way in which real rights are transferred from one person to another, namely abstract and causal systems. In this article the features of each ... -
Charl Hugo : A Friend and Dear Colleague
(PER/PELJ, 2022)
