• Report on enforcing the rights of children in migration 

  Binford, Warren; Bochenek, Michael Garcia; Cernadas, Pablo Ceriani; Day, Emma; Field, Sarah; Hamilton, Marci; Liefaard, Ton; Mezmur, Benyam; Mulatu, Fasil; Skelton, Ann, 1961-; Sloth-Nielsen, Julia; Stuart, Joao; Van Loon, Hans; Verhellen, Jinske (MDPI, 2023-10-19)

  The ILA Study Group began its work by identifying guiding principles that should frame and inform state practices with respect to children in migration. These principles included, but were not limited to, non-discrimination; ...
• An in-depth analysis of choice of law rules in consumer contracts : a focus on the African continental free trade area 

  Fiattor, Ethel (Unisa Press, 2023-06)

  Choice of law is a perplexing concept due to the importance of party autonomy, the diversity of connecting factors, and the variety of different contractual issues. The problem of choosing a governing law is complicated ...
• Navigating the complexities of the adaptation right in copyright law : addressing ambiguities, gaps and the need for reforms in South Africa 

  Kok, Lucinda (Juta Law Journals, 2023)

  As a pervasive feature of modern society, the adaptation right in the context of infringement and fair dealing has frequently been a subject of heated debate for several years. However, the current Copyright Act 98 of ...
• Round-up of IP decisions in Africa 2023 

  Okorie, Chijioke; Koros, Dorcas Chebet; Mgonja, Jessie Victoria; Nam, Nora Ho Tu; Chindah, Rita Anwiri; Schneider, Marius (Oxford University Press, 2024-04)

  This contribution offers an analysis of selected important decisions in the field of IP law issued in the period 1 January to 31 December 2023 by national courts in individual African countries (Kenya, Nigeria, South Africa ...
• South African courts’ differing approaches to determining children’s views in family law matters 

  Uys, Alet Magdaleen (University of Pretoria, 2023)

  The United Nations (UN) Convention on the Rights of the Child, 1989 (CRC), the African Charter on the Rights and Welfare of the Child, 1990 (ACRWC) and sections 6(5), 10, and 31(1)(a) of the Children’s Act 38 of 2005 ...
• Effects of the eradication of the rule of male primogeniture on the customary law of succession 

  Maunatlala, Refiloe Kgopotso (University of Pretoria, 2023)

  This article discusses the consequences of the abolition of the rule of male primogeniture by closely and critically discussing the outcome of the Bhe v Magistrate Khayelitsha case. Therefore, exposing the effect ...
• Intellectual property and the Constitutional Court of South Africa : lessons from the deployment of adjudicative strategies 

  Okorie, Chijioke (Springer, 2023-11)

  The Constitutional Court of South Africa recently handed down its fourth decision so far in the field of intellectual property. These decisions came against the backdrop of reforms and reform proposals concerning intellectual ...
• Real property transactions in the network society : platform real estate, housing hactivism, and the re-scaling of public and private power 

  Roark, Marc L.; Fox O'Mahony, Lorna (Springer, 2023-12)

  Technology is rapidly transforming the landscape of land ownership and housing transactions, creating new types of consumer risk and new regulatory challenges. As markets, legal systems, and housing consumers navigate the ...
• The Mariana trench of transphobia in South Africa : the legislative lacunae in KOS v Minister of Home Affairs 

  Baird, Sophy B. (Pretoria University Law Press, 2023)

  Society as a whole has for eons been premised on the importance of patriarchy and heteronormatity. During this time society has seen gradual leaps regarding people in the LGBTQI+ community. South Africa appears to be ...
• A progressive reading of customary and religious norms associated with heteronormativity in South Africa 

  Maimela, Charles; Mleya, Mutsi (Unisa Press, 2023-06)

  Customs that enforce heteronormativity, generally also safeguard the interests of society’s vulnerable, for instance orphans and widows, to name two examples. The recognition that non-heterosexual people is a minority group ...
• The promotion of access to justice through the constitutional development of the doctrine of forum non conveniens 

  Van der Merwe, Marcia (Unisa Press, 2022-03)

  South African jurisdictional principles governing cross-border litigation have seen minor development in recent years and as such, remained feudal and anachronistic. It is essential for South African courts to be equipped ...
• Leveraging technology to deliver basic education to children in conflict areas of Northern Nigeria 

  Mutu, Perekeme (Pretoria University Law Press, 2023)

  Studies have shown that children residing in countries affected by armed conflict are more likely not to attend school as compared to other children. This is the fate of millions of children in Northern Nigeria, where ...
• South Africa's jurisdictional challenge with the under-development of cross-border commercial litigation : litigation v arbitration 

  Kurasha, Primrose E.R. (Pretoria University Law Press, 2022)

  Private international law is a globally established field of law however, its pre-eminence in Africa is insignificant and this has been as a result of its relevance, which according to many scholars is arguable. It follows ...
• Technology and national security : what’s IP got to with it? 

  Okorie, Chijioke (Oxford University Press, 2022-07)

  Technological advancements are being made in several parts of the world. Innovations in artificial intelligence (AI), robotics, gene editing, 3D printing and other emerging technologies have benefitted and continue to ...
• Round-up of IP decisions and legislative reforms in Africa 2021 

  Okorie, Chijioke; Chuks-Okeke, Ekene; Schneider, Marius; Ho Tu Nam, Nora (Oxford University Press, 2022-06)

  This article provides an analysis of several important judgments issued by national courts in individual African countries (mostly Kenya, Nigeria and South Africa) in the period 1 January to 31 December 2021. Apart ...
• Negotiating the intellectual property protocol under the agreement establishing the African continental free trade area : priorities and opportunities for Nigeria 

  Adewopo, Adebambo; Oriakhogba, Desmond; Okorie, Chijioke (De Gruyter, 2022-02)

  EarlyMarch 2021, following its ratification of the Agreement Establishing the African Continental Free Trade Area (AfCFTA agreement), Nigeria’s National Office of Trade launched a consultative process into issues ...
• Can a parental responsibilities and rights agreement be used as a means to circumvent the rights of an existing parent when conferring parental responsibilities and rights on an interested third party? 

  Breytenbach, Maritza; Louw, Anne (LexisNexis, 2021)

  Die oogmerk van artikel 22 van die Kinderwet 38 van 2005 was om die verkryging van ouerlike verantwoordelikhede en regte te vergemaklik waar die moeder of ander houer van ouerlike verantwoordelikhede en regte instem om ...
• The protection of three-dimensional works as a means of promoting innovation : a comparative basis of Namibia and Burkina Faso 

  Sonda, Habraham; Shifotoka, Frieda (Lembaga Pengkajian Hukum Internasional, 2021)

  For years intellectual property (IP) has been an area that has been neglected in its protection and promotion in comparison to other types of the property despite its uniqueness. There is more neglect in industrial designs, ...
• A comparative analysis of the mandatory rule doctrine and its application in the South African Labour Court 

  Rinaldi, Elisa (Pretoria University Law Press (PULP), 2021)

  Inherent in any employment relationship is the imbalance of bargaining power between the parties to the employment contract. On a globalised scale, this imbalance is exacerbated where employees are often reliant on the ...
• Is discriminating against employees living with cancer in the workplace justified? 

  Maimela, Charles (Pretoria University Law Press, 2021)

  This article interrogates the issue relating to employees living with cancer taking part in employment without being discriminated against based on their medical condition. It will be clearly outlined that cancer does ...

View more