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The subject of investment relationships between the European Union and China is an increasingly vital topic to understand, yet academic literature has until now been underexplored. Bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, which will prove to be vital in the field of international economic law. Divided into three parts, this book deals with the key issues of the EU-China investment partnership and its implications, both internally and internationally. Each chapter in China-European Union Investment Relationships covers a core theme of the subject of international economic law, including competition law, financial regulation, economic integration and dispute resolution. Covering the key topics in the area, and drawing diverse perspectives into a single collection, this book is an important resource for scholars and practitioners in legal and policy fields, and will be invaluable for students of trade and investment law to understand in more detail human rights and environmental law and policy.
Inspired by Antonio Truyol y Serra's classic work, Doctrines sur le fondement du Droit des gens, this book offers a fully revised and updated examination and discussion of the various doctrines forming the foundations of international law. It offers an accessible insight into the theoretical background of the various legal constructions that characterize the relationship between both international and national legal orders. Written in a clear style, the book's structured chapters provide a comprehensive analysis of the various foundations of obligation in international law: natural law, positivism and sociologism. Through this study, Robert Kolb illustrates how international law has been conceived and shaped over time in relation to its evolving historical and legal-political environment. Split into seven substantive parts, this text is one of the most detailed expositions of the doctrines of international law in the English language to date. Astute and engaging, Robert Kolb's take on Truyol y Serra's Doctrines sur le fondement du Droit des gens will appeal to students and scholars of international law, as well as to practitioners interested in gaining a further grounding with regards to the basis of obligation in international law.
Land Law and Governance: African Perspectives on Land Tenure and Title explores different ways of conceptualising secure land holding in Africa. The book brings together voices from different contexts, offering contrasting perspectives and methodological approaches. Land Law and Governance: African Perspectives on Land Tenure and Title also juxtaposes a range of political and academic viewpoints through theoretical discussions and case studies. The book thus opens up the discourse on forms of security of tenure in Africa, in a global context.
Supervision of Local Government discusses the role of national and provincial governments in supervising the functions of local government. The book analyses the legal status of local government, which is entrenched and protected by the Constitution, and examines the powers of the national and provincial governments to supervise local government. Supervision of Local Government explores international practices in the supervision of local government and investigates general trends in the supervision of selected municipalities in South Africa. Shortcomings, inconsistencies and irregularities in the supervision of local government are identified. The book discusses the concept of `supervision' as it relates to local government in its broad sense, which includes monitoring, intervening in and supporting local government. Supervision of Local Government also explores the manifestation of the principles of cooperative government and subsidiarity in the supervision of local government by national and provincial governments. Cooperative government requires that the other spheres of government intervene in local government to assist municipalities in managing their own affairs, while the principle of subsidiarity requires that services should be rendered at the lowest possible level of government. Thus, the national and provincial spheres have a duty to support the local sphere of government in fulfilling this duty and this duty is analysed in the book.
Clinical legal education (CLE) is a springboard for entry into legal practice, preparing students for the professional challenges they will face after completing their studies and embarking on their legal careers. In her eight years of conducting research on CLE in South African universities, the author has found that the most urgent needs are in the area of student assessment. Designing a curriculum with assessable content is therefore essential for clinicians who, in certifying students' capabilities, are the gatekeepers to practice. This book identifies curriculum requirements across a number of jurisdictions, and proposes a menu of assessment methods, which may enhance the choices of assessment methodologies available to South African university law clinics. It also covers the setting of parameters for assessment, grading, grade descriptors and moderation systems, and discusses different forms of tests, assignments, essay- and oral-examinations, as well as self- and peer-evaluation, peer editing, case portfolios, and trial advocacy skills. The book addresses challenges such as clinicians' heavy workloads and differing levels of experience in supervision and assessment. It discusses challenges students face and presents solutions enabling clinicians to help them depending on their individual experience and needs. Also discussed are the potential conflicts between the needs of students and those of the local community being served by the law clinic. Although the aim of this book is to find appropriate assessment methods for CLE, the effectiveness of an assessment programme can only be determined when measured against a curriculum. The proposed curriculum is therefore measured against the identified assessment criteria. CLE Lecturers can download assessment forms, checklists and rubrics from the Juta Law website - visit https://juta.co.za/support-material/detail/clinical-legal-education for details.
Housing Association Law is the definitive legal guide providing a comprehensive picture of the law affecting housing associations and social landlords. Originally published in 1987 (as Housing Association Law: The Law of Social Landlords, and subsequently as Housing Association Law and Practice), LAG is pleased to be releasing the first new edition in 15 years of this renowned title by Dr Christopher Handy and Professor John Alder. This is the only book that deals exclusively with housing associations and social landlords from a multi-disciplinary perspective, bringing together material from all the relevant branches of the law: public, housing, corporate, charity and tax law. The new, fully updated edition of Housing Association Law comes at a time when housing associations are increasingly important and are neglected in the legal literature. Housing association law is often treated as a marginal topic, buried in the footnotes and lacking distinctive principles. In fact, ever since local authority housing development was killed off late in the last century, housing associations have become the main providers of social housing in the UK with a corresponding growth in government regulation of the sector. They have been regarded as a bridge between the public and private sectors, a position that has become increasingly fuzzy. The book aims to provide a framework for the housing practitioner and lawyer working in or with the sector. It also seeks to provide an introduction for students. For those already acquainted with social housing law we hope to provide perspectives and insights demonstrating how the law has evolved and developed in this rapidly changing sector. We try to identify the principles and rules peculiar to housing associations and to highlight other areas of law which have a distinctive application to the sector. Practitioners specialising in this area of the law, housing associations, local government departments, voluntary housing bodies and housing association members will find that this book is indispensable. It will also prove invaluable to students studying housing law and those with an interest in urban studies.
Class Action Litigation in South Africa is the first book to be published in South Africa dealing with this area of the law. The book collects, describes and interrogates the first-class action judgments in South Africa, aiming to go beyond the existing and ground-breaking Supreme Court of Appeal and Constitutional Court judgments on class actions, and makes practical suggestions regarding the issues that are likely to arise for practitioners, judges and academics as they encounter class actions in South Africa. Class Action Litigation in South Africa seeks to ensure a home-grown understanding of class actions for our country, but also offers the reader first-hand exposure to lessons learnt from international experts in class action litigation. The book thus embraces contributions from around the world that are wide-ranging, straddling the fields of law, economics, social justice and politics. The book presents important and useful insights into class action litigation from local and international experts. The editors and the contributors have all been involved in the leading class action cases in South Africa and abroad.
Of interest or benefit to: Students, Academics, Lawyers
Hierdie is die vyfde uitgawe van die boek wat vir die eerste keer in 1992 as 'n relatief bondige teks, spesifiek gemik op studente in die erfreg, verskyn het. Die boek het egter deur sy opeenvolgende uitgawes tot 'n meer algemene bron vir die Suid-Afrikaanse erfreg ontwikkel. Tog is dit deur sy aanslag, aanbiedingswyse en sistematiek steeds ideaal om ook as handboek in erfregkursusse gebruik te word. Die huidige weergawe poog weereens om aan die leser 'n omvattende oorsig oor die verskillende fasette van die erfreg te gee, met inagneming van die jongste ontwikkelings wat hierdie regsgebied beinvloed het.
The news of successful model Reeva Steenkamp’s fatal shooting by her boyfriend and global sporting star Oscar Pistorius stunned the world. Over the ensuing weeks, as Pistorius appeared in court and applied for bail, every detail that emerged was analysed, debated, justified and digested. South Africa and the world in general were haunted by the events as they were repeated and discussed at length. Public perception vacillated from version to version and from hour to hour.
Behind the Door is a compelling narrative that unpacks the true facts of the story, as revealed in the courtroom and beyond during the murder trial of Oscar Pistorius and as told to the authors in several exclusive interviews and behind-the-scenes briefings. It looks at the characters involved, relates the courtroom interactions and dramas, the construction of each side’s argument, the analysis of forensic and circumstantial evidence and exchanges between the personalities, as well as a broader look at violence and criminal justice in South Africa.
Vivid and gripping, insightful and authoritative, Behind the Door is the book to read on the Reeva and Oscar story.
The investigations of accidents and incidents is a core part of the field of safety management and this book sees a discussion of accidents and incidents and the legislation relevant to preventing, investigating and reporting these incidents. The author also takes a look at accident causation theories, accidents and their effects, accident prevention and reporting. The economic impact of accidents and incidents warrants a commitment to understanding and preventing these accidents and incidents and this book provides the knowledge with which this can be achieved.
Collusion occurs when firms in a market coordinate their behavior for the purpose of producing a supracompetitive outcome. The literature on the theory of collusion is deep and broad but most of that work does not take account of the possible illegality of collusion. Recently, there has been a growing body of research that explicitly focuses on collusion that runs afoul of competition law and thereby makes firms potentially liable for penalties. This book, by an expert on the subject, reviews the theoretical research on unlawful collusion, with a focus on two issues: the impact of competition law and enforcement on whether, how long, and how much firms collude; and the optimal design of competition law and enforcement.The book begins by discussing general issues that arise when models of collusion take into account competition law and enforcement. It goes on to consider game-theoretic models that encompass the probability of detection and penalties incurred when convicted, and examines how these policy instruments affect the frequency of cartels, cartel duration, cartel participation, and collusive prices. The book then considers the design of competition law and enforcement, examining such topics as the formula for penalties and leniency programs. The book concludes with suggested future lines of inquiry into illegal collusion.
The Law Of Banking And Payment In South Africa provides an explanation of some of the more important aspects of the law applicable to banks and banking in South Africa, along with the principles that govern payment and payment systems in this country.
The Law Of Banking And Payment In South Africa covers the following areas: a general introduction to banks and banking law; the nature of banking law and its sources; the role and function of the Reserve Bank and the various statutes that regulate banks; the bank–customer relationship; miscellaneous banking services provided by banks; general principles of payment; the law applicable to various payment systems; unauthorised cheque payments and unauthorised electronic funds transfers; international sale transactions; and bank guarantees.
The aim of the authors is to provide a text that is both accessible for students and other persons seeking to gain a basic understanding of the subject, and comprehensive enough to be useful to lawyers, bankers and those who work in the field of banking and finance.
Expert medical evidence is often essential and pivotal in support or defence of medical negligence. Such cases invariably involve questions of technical and factual complexity requiring the evaluation of conflicting expert medical testimony. In this book, the first standalone textbook on expert evidence in South Africa, the authors expound and extrapolate the whole process from the initial obtaining of the relevant health records to the eventual testimony of the medical expert witness in court. The authors offer an instructive guide to busy practitioners to assist them with - Identifying the correct expert speciality or sub-speciality, The construction of a medico-legal opinion, The status of joint minutes of such experts, The preparation of an expert's examination-in-chief, Cross- and re-examination of an expert. Expert evidence in clinical negligence also discusses the invaluable role of experts in the resolution of medical malpractice disputes by way of mediation. Relevant case law and the applicable uniform rules of court are comprehensively discussed and set out in the footnotes for ease of reference.
E.T. Meyer matrikuleer in Windhoek, gaan studeer in Suid-Afrika en gee daarna by verskeie skole in die destydse Suidwes onderwys. In sy drie bundels kortverhale, Die vlieende Ovambo, Waar’s my Tande en Tussen krokodille en Kavangovroue herroep hy die ligte kant en verrassende situasies wat hy destyds in hierdie ruwe omstandighede teegekom het.
Die plaag is tegelykertyd reisverhaal, avontuurverhaal, speurverhaal, natuurkundige artikel, letterkundige studie en historiese ondersoek. Die skrywer – 'n Belgiese joernalis – reis na Suid-Afrika op soek na die "dowwe spoor" van Eugene Marais, en word uiteindelik met veel meer as dooie historiese gegewens beloon. Die Nederlandse uitgawe van Die Plaag het die Debuutprijs vir 2002 verower en was op die kortlys van die Gouden Uil-literatuurprys vir 2002. Die vertaling van Van Reybrouck se Nederlandse teks in Afrikaans deur die bekende digter en omroeper doktor Daniel Hugo is ’n onmisbare toevoeging tot Afrikaanse lesers se kennis van die merkwaardige Eugene Marais se lewe. Hiermee word kultuurgoedere wat deur ’n Vlaming nagespoor en opgeteken is as ’t ware huis toe gebring.
This 2nd edition of Understanding the Labour Relations Act has been updated to reflect the legislative amendments and case law since the publication of the popular first edition in 2009. The Labour Relations Act is the main pillar of the South African labour relations system. It aims to promote collective bargaining and the peaceful resolution of employment-related disputes. Understanding the Labour Relations Act contains an accessible, non-legalistic commentary on the Labour Relations Act. The key provisions of the Act are systematically covered, with Key Point summaries and frequently asked questions (FAQs) to aid understanding. This book is an ideal companion to the Labour Relations Act in the Juta’s Pocket Statutes series.
In 1801, a 45-year-old Revolutionary War veteran and politician, slovenly, genial, brilliant, and persuasive, became the fourth chief justice of the United States, a post he would hold for a record thirty-four years. Before John Marshall joined the Court, the judicial branch was viewed as the poor sister of the federal government, lacking in dignity and clout. After his passing, the Supreme Court of the United States would never be ignored again. John Marshall is award-winning and bestselling author Richard Brookhiser's definitive biography of America's longest-serving Chief Justice. Marshall (1755-1835) was born in Northern Virginia and served as a captain during the Revolutionary War and then as a delegate to the Virginia state convention. He was a friend and admirer of George Washington, and a cousin and enemy of Thomas Jefferson. His appointment to the Supreme Court came almost by chance-Adams saw him as the last viable option, after previous appointees declined the nomination. Yet he took to the court immediately, turning his sharp mind toward strengthening America's fragile legal order. Americans had inherited from their colonial past a deep distrust of judges as creatures of arbitrary royal power; in reaction, newly independent states made them pawns of legislative whim. The result was legal caprice, sometimes amounting to chaos. Marshall wanted a strong federal judiciary, led by the Supreme Court, to define laws, protect rights, and balance the power of the legislative and executive branches. However, America's legal system, he believed, was threatened by specific individuals-namely Thomas Jefferson and the early Republican Party-who were intent on undermining the Constitution and respect for law in order to empower themselves. As a Federalist and a follower of Washington and Hamilton, he also wanted a strong national government, favorable to business. In his three decades on the court, Marshall accomplished just that. As Brookhiser vividly relates, in a string of often-colorful cases involving businessmen, educators, inventors, scoundrels, Native Americans, and slaves, Marshall clipped the power of the states vis-a-vis the federal government, established the Supreme Court's power to correct or rebuke Congress or the president, and bolstered commerce and contracts. John Marshall's modus operandi was charm and wit, frequently uniting his fellow justices around unanimous decisions in even the most controversial cases. For better and for worse, he made the Supreme Court a central part of American life. John Marshall is the definitive biography of America's greatest judge and most important early Chief Justice.
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