The Cape of Good Hope has long held iconic status for mariners as a beacon on one of the world's most important shipping routes. Ideally placed to take advantage of this shipping route, South Africa has had to balance interests in exclusive use of the international oceans spaces off its coast, with principles of freedom of navigation. The new international security regime and initiatives that followed in the wake of global security threats, epitomised by the World Trade Centre attack, have necessitated a reconsideration of this balance. This article considers the changes in the international maritime security environment and the resulting balance of interests in the Southern African oceans.
The organisers of major sporting events seek to protect the marks and logos of such events against unauthorised use, in particular use by non-sponsors who try to use these marks to imply a connection with the event (ambush marketing by association). The protection given by intellectual property legislation is analysed, and decisions from various jurisdictions dealing with such infringements are discussed. The author then discusses other forms of legislative protection which are intended to protect these events, namely event-specific legislation and 'umbrella' legislation. She illustrates that even specific legislation does not offer complete protection. Finally, the author queries whether calls for increased protection can be justified.
The quest by labour for 'something to be done' about working and living conditions is gathering momentum and the framework through which this is achieved is the Occupational Health and Safety (OHS) regulation. The need for corporate social responsibility is premised on the idea that economic enterprise and sustainable development require protection of the welfare, health and safety of the workforce and the environment. One way of achieving this is through social regulation of the market, of which OHS regulation is a species. Any business or country wishing to maintain a competitive edge in the labour market needs to promote and improve its OHS practice. In this discussion I look at this issue in the context of Malawi and suggest a way forward which will balance social and economic policy and deliver value and social progress.
In order to prevent the double taxation of income of an entity that is deemed resident in two different countries, the OECD has a tie-breaker rule that is intended to ensure that the residence of a such a "dual resident" entity is allocated to the country in which its "place of effective management" is situated. The OECD considers the "place of effective management" as the place where the key management and commercial decisions of an entity's business are made. However, technological advancements, in particular the growth on e-commerce, have fundamentally changed the way businesses are run. With the evolving communications technology, it is no longer necessary for a group of persons to be physically located or to meet in one place to hold discussions thus making it difficult to determine a single place of effective management. This article analyses the challenges e-commerce poses to the concept "place of effective management". The article points out the fact that the effectiveness of this concept in preventing double taxation of income, further limited by the lack of an international meaning of the concept. In light of the above issues, the article suggests recommendations, from a South African perspective, that could ensure the effectiveness of the concept as a tie breaker rule.
South Africa's dual system of succession laws (the common law of succession and the customary law of succession) recently came under scrutiny in Bhe v Magistrate, Khayelitsha (Commission for Gender Equality as Amicus Curiae); Shibi v Sithole; South African Human Rights Commission v President of the Republic of South Africa 2005 1 SA 580 (CC) where the customary rule of male primogeniture, amongst others, was declared to be unconstitutional. The court developed the Intestate Succession Act 81 of 1987 and in effect unified the common and customary law of succession, with the imperative to develop the succession laws by means of legislative initiatives. Since the envisaged statute has not yet been enacted, it is appropriate to compare the legal position in other jurisdictions with that of South Africa. Legal academics tend to compare aspects of the South African legal system with European and American legal systems and incline to forget the value of other major legal systems, such as the legal systems of Asia. The history of South Africa shows remarkable similarities to that of India and, since the phenomenon of legal pluralism is particularly prevalent there, it would be worthwhile to compare the succession laws of India in order to determine whether something similar would benefit South Africa. Besides focusing on the succession laws of Hindus, Muslims and Jews in general in India, this article will concentrate on the legal position of women under the various succession laws in particular.
South African company law was originally based on English companies' legislation and case law. In English law, debentures are closely associated with the floating charge. A floating charge is an equitable charge over some or all of the company's present and future property, which leaves the company free to deal with the property in the ordinary course of business. It developed through case law. The general notarial bond is the closest form of security that South African law has to the floating charge, but it has its origins in the Roman law.
The floating charge and the general notarial bond both aim to leave the company to deal with the encumbered assets, whilst giving its taker some form of preference on the company's insolvency. However, the floating charge and the general notarial bond differ in scope and application. This article examines these differences. For instance, it is not possible to create a general notarial bond over a part of the company's assets. It is also not necessarily possible to alienate assets encumbered by a general notarial bond. The article further examines how the floating charge crystallises into a fixed security and how this process differs from perfection of a general notarial bond.
The internationalisation of family law leads to complex cross border-cases. Unification of international family law cannot always solve the problems and prevent a loss or a change of legal status. Harmonisation of substantive family law would be an advantage. This article focuses on developments and perspectives in European family law and firstly discusses a topical issue, namely the link between family law and culture. The current state of institutional unification of law in the Council of Europe and the European Union is analysed, whereby the role of the European Court of Human Rights and the Court of Justice is put in perspective. Finally, future possibilities for harmonisation and unification are discussed with a focus on the principles of the Commission on European Family Law. The conclusion is that an institutional unification of substantive family law still has a long way to go, and is not feasible right away. Rather, a long phase of spontaneous approximation of family law systems seems necessary, with harmonisation an important task for legal science and education. Thus, it is hoped that freedom of movement of persons, a reinforcement of European identity and an efficient uniform area of law could be achieved.