Sugar trade in the European Economic Community has given rise to an abundance of literature pertaining mainly to the economic and political nature of the market. The overall conclusion of most commentators is that the operation of the sugar regulations in the community and on the world market has not been a resounding success. This is no doubt due to many and varied factors. In this paper the structure and operation of the sugar policy are reviewed with the aim of exploring the role of inbuilt policy conflicts and contradictions to the unpopularity of the regime. It is contended that when the long-awaited review of the sugar regulations takes place there should be an effort to isolate and reduce possible areas of conflict if any new rules are to have any measure of success.
The purpose of this article is to provide a justification for the value of comparative common law and to demonstrate instances of the utility of its practical application. In the case of comparative common law, most of the legal systems where comparative studies can be appropriately made have the same historical roots in the law of England. At the same time, despite common historical origins, solutions to common problems, even in geographically adjacent jurisdictions, are frequently very different. Furthermore, it is submitted that there are positive merits, from the points of view of the academic, the legislator and the law reform agency, in the study of comparative common law.
The Industrial Relations Act (IRA) was enacted at the end of 1971 to provide for inter alia the establishment of an Industrial Relations Court (IRC) for the first time in the labour relations history of the country. No one seems to have bothered to inquire into the constitutional status of the IRC to try and determine its constitutionality. This, it appears, has been taken for granted by the Zambian society and its government. In this article, the author demonstrates that from the legal point of view the creation or establishment of the IRC with its present jurisdiction was unconstitutional and therefore, illegal. The author argues primarily to show that the IRC is not a "court" in the sense that this term is known to lawyers and the legal profession; and also that Part (X) of the IRA is ultra vires the Zambian constitution.
On September 1953, the European Convention on Human Rights became law for eight European countries. The main points of this paper involve the content of this Convention, the working of its organs, and the main issues of criminal law and procedure that have been adjudicated so far. In Europe a firm grasp of the protections enshrined in the Convention is now required of lawyers and students in countries which have ratified it, and a rising tide of literature, reports, journals and institutions helps to spread the idea of human rights as well as the judicial results of the decisions made under the Convention.
In this survey of the taxation of copyright royalties reference is made throughout to the Income Tax Act 58 of 1962, as applicable to the tax year 1981/82. Only the most relevant sections of the Act are discussed; others, such as s 30 which refers to persons whose business extends beyond the borders of the Republic (as defined in s 1), are not taken into account for practical reasons although they may possibly affect a particular taxpayer. The following three aspects of the taxation of copyright royalties are discussed separately: (i) the taxation of such royalties in the hands of the recipient thereof; (ii) the provisions which refer to the payer of copyright royalties; (iii) the influence of double taxation agreements.
All the countries in Southern Africa share a similar general law which is a mixture of pre-codal Civil law - the Roman-Dutch version - and Common law - the English version. Since there are no ideological differences between Roman-Dutch law and English law, the mixture is basically one of problem-solving techniques. But the mixed character of the legal systems forming the Southern African Law Association is more involved than this, for within these systems operates indigenous African law which differs not only technically but also ideologically from the imported Western general law. Although indigenous African law is subordinate to the general Western law, socially it forms an important part of the overall Southern African legal fabric. The author stresses the need to include all aspects of the Southern African socialist legal values as part of a comparative legal course in every law school in Africa.
There have been many decisions on the correct or proper third party use of trade marks. In the so-called British law countries the question of licensed use has been the subject of various judicial decisions. The author suggests that the earlier decisions dealing with the protection of the public interest cannot easily be compared with modern day commercial trends and practices. For this reason the author argues that a trade mark owner should be permitted to grant third party users the right to use a trade mark without the actual necessity of making formal application for the recording of the registered user.
In this contribution the current legal developments in Bophuthatswana, Botswana, Lesotho, Malawi, Mauritius, South Africa, South West Africa/Namibia, Swaziland, Transkei, Zambia and Zimbabwe, with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.