|ADVANCED A BILL OF RIGHTS A JURISPRUDENCE [LAWS5007 (non core) or LAWS7004 (core)]
This course will focus on advanced constitutional law issues other than those relating to the interpretation and application of fundamental rights (though these are impacted indirectly). While the course will include a general overview of South African constitutional law, the course assumes a degree of familiarity with the ?nuts and bolts of South African constitutionalism. In 2004 the course will focus in particular on issues related to separation of powers, issues related to judicial and other constitutional remedies and on issues concerning the role o f the public service.
INTERNATIONAL HUMAN RIGHTS LAW [LAWS5009 (non core) or LAWS7007 (core)]
Students will acquire the ability, through knowledge of international human rights law, to appreciate the power of international organizations and their supervisory bodies, the status of human rights in times of emergency, and the role of national and international tribunals.
It is expected that at the end of the course, students would have achieved, inter alia , the following outcomes: Critical understanding of international and comparative approaches to human rights law and practice; a high level of understanding of international and regional human rights law and the working of the institutional mechanisms for their enforcement; analytical skills to study and provide informed approaches to resolving human rights problems or challenges at international, regional and national levels; academic and intellectual competence to research, teach and use international human rights in adjudication, including litigation, and other applications; and Africa s response to the principles of international human rights law .
ADVANCED CONTRACT LAW [LAWS5011 (non core) or LAWS7005 (non core)]
This course seeks to examine certain selected topics relating to the law of contract at an advanced level. A broad familiarity with the relevant doctrinal rules will be assumed and the aim will be to explore some of the issues that are raised by the case law. The emphasis will be on the philosophical underpinnings of modern contract law. A comparative perspective from foreign jurisdictions against South African law will be studied. Topics will include:
INTELLECTUAL PROPERTY LAW [LAWS5013 (non core) or LAWS7018 (core)]
The second part of the course investigates the role of public rights (often referred to as ?commons?) and the public domain in IP (particularly in copyright, but also in patent law and other areas of IP). The course will cover theories of the roles of public rights and their place in existing legislation, an examination of the growth of licensing to create open content (such as Creative Commons) and the technical and policy infrastructures being developed to expand the creation and use of public rights.
The third part of the course will examine current law reform initiatives in South African intellectual property law ? notably the Intellectual Property Rights in Publicly Funded Research and Development Bill (2008) and the Department of Science and Technology?s recently published Policy Framework for the Protction of Indigenous Traditional Knowledge through the IP system.
COMPANY LAW 1 [LAWS5014 (non core) or LAWS7011 (core)]
Company law I considers certain foundational principles of company law. We will consider aspects of the common law, the Companies Act 61 of 1973 as well as the Companies Act 71 of 2008 in order to see how the law has evolved. The course is theoretical, and will not consider all aspects of the new Companies Act in finer detail. Trends abroad are considered as well as whether the South African approach to the topics discussed addresses company law problems in an efficient and theoretically sound manner. Topics considered include piercing of the corporate veil, capacity and representation, the company constitution, pre-incorporation contracts, corporate finance and corporate governance.
COMPANY LAW II [ LAWS5015 (non core) or LAWS7012 (core)]
Company Law II builds on the theoretical underpinnings of Company Law I. It is devoted to an exposition of particular topics, namely investor protection, fundamental transactions and takeovers, remedies, business rescue and delinquent directors. The emphasis is on the position in terms of the Companies Act 71 of 2008, but reference will be made to the position in terms of the Companies Act 61 of 1973 where relevant.
COMPETITION LAW [LAWS5016 (non core) or LAWS7009 (core)]
The course aims to give participants a sophisticated understanding of South African competition law. The legal and economic concepts are explained in the context of international comparative competition law. The Competition Act 89 of 1998 (as amended) is systematically and critically analyzed.
At the end of this course students should understand:
This is a course in the South African laws, policies and practice of refugee protection, although the broader contexts of migration studies, international human rights law, and especially international and comparative refugee law will be addressed. While the course is primarily oriented towards legal doctrine, it also incorporates a sociology of law perspective.
The course is offered as part of the LLM programme in the School of Law. A Additionally, it is a recommended course of the Forced Migration Studies Programme of the Graduate School of Arts and Sciences. A Practically, this means that there will be a mixture of students in the course: some will be students specializing in law and some will be students specializing in refugee studies.
After an introduction to conceptual / doctrinal distinctions between migrants and refugees as well as the philosophical justifications for this distinction, the first part of the course will focus on refugee law in South Africa. This body of law, which draws extensively on international law and comparative state practice, is taught with a primary focus on the Refugees Act 130 of 1998, which came into force in April 2000. Here, the course will cover the basics of refugee law: the legal concepts of alienage, well-founded fear, persecution, grounds for persecution, exclusion, and cessation as well as linked issues such as internal protection. The next part of the course covers the implementation of the Refugees Act, looking at practice on the ground and at current legal issues. The final section of the course will cover several different perspectives on refugee law reform: those of international and domestic human rights as well as those of international policy and a critical perspective.
The peculiar policy and historical forces impacting on South African broadcast law form the basis for a study of the current regime. Students will be introduced to the players: the South African Broadcasting Corporation, the independent broadcasters and the government regulator. The formation of the Independent Broadcasting Authority (IBA) and the subsequent merger with the South African Telecommunications Regulatory Authority (SATRA) to create the Independent Communications Regulatory Authority of South Africa (ICASA) will be viewed in light of the constitutional requirement of an independent regulator. The course will also examine the convergence of broadcasting and telecommunications technology and the consequent problems of separate regulatory regimes. The IBS and Broadcasting Act set the regulatory framework for cross-media control, foreign ownership restrictions, restrictions in respect of advertising, content and election broadcasts. Relevant case law will further illuminate these issues.
The course will cover the following topics:
Much of the reading will be from Crimes against Humanity (Penguin) by Geoffrey Robertson QC (2000).
LAW OF BANKING AND FINANCE [LAWS5037 (non core) or LAWS7025 (core)]
This course aims to give students an understanding of South African Banking and Financial Markets law. Where applicable other jurisdictions and international measures pertaining to banking and financial markets will be considered. Topics likely to be covered are:
INDIVIDUAL LABOUR LAW [LAWS5039 (non core) or LAWS7017 (core)]
Debate and discussion are encouraged in an effort to ensure a critical approach to labour law and its application. The syllabus covers individual and collective labour law topics, examining the current trends and the controversial issues in an intensive and original way.
Topics for the course are likely to include:
STUDY ABROAD ELECTIVE I [LAWS5042]
STUDY ABROAD ELECTIVE II
CYBER LAW [LAWS5046 (non core) or LAWS7013 (core)]
The course promises to be very interesting, adding value for those who practice in this area, as well as those for whom information technology law is incidental.
Students electing this course must be familiar with the Internet and capable of conducting research on the World Wide Web. It is essential that students who take this course have daily access to the Internet (both WWW and e-mail). Lack of access will not be used to excuse poor performance or failure in this course. Most of the material which students require is available on-line, usually from a link from the course website. Updates and course information are posted on the course website which students should check at least twice a week.
SOCIAL SECURITY LAW IN THE WORKPLACE [LAWS5048 (non core) or LAWS7032 (core)] - IN ABEYANCE
The focus of the course will be social security and the workplace and participants will study existing legislation and constitutional provisions, relevant case law as well as future proposals. Topics could include:
INTERNATIONAL TRADE LAW [LAWS5051 (non core) or LAWS7023 (core)]
ADVANCED ADMINISTRATIVE LAW [LAWS5052 (non core) or LAWS7002 (core)]
This course will examine selected issues pertaining to the ?new South African administrative law. In particular, the course will focus on the constitutional right to just administrative action in s 33 of the Constitution and on the legislation giving effect to that right, the Promotion of Administrative Justice Act. The course will comprehensively survey the South African jurisprudence dealing with the constitutional right and with the Act. Reference will be also made to the experience of comparable jurisdictions with administrative review and administrative procedure legislation.
Likely topics are:
ACCESS TO INFORMATION AND PRIVACY LAW [LAWS5053 (non core) or LAWS7001 (core)]
This course examines South Africa s access to information legislation and the privacy legislation currently being drafted by the South African Law Commission. The course considers the jurisprudence dealing with 32 of the Constitution and focuses primarily on the legislation giving effect to that right, the Promotion of Access to Information Act. On the topic of informational privacy, the course comprehensively surveys the South African jurisprudence dealing with the constitutional right to privacy and tracks the drafting of the Law Commission s proposed Data Protection and Privacy Act. Extensive reference is made to the privacy and freedom of information law and jurisprudence of comparable jurisdictions.
Likely topics are:
? Theoretical approaches to the study of information and privacy law and society
HUMAN RIGHTS AND THE MARKETPLACE [LAWS5058 (non core) or LAWS7016 (core)
The course will emphasise:
Weekly seminars will be held. Students may be asked to lead discussion at a particular seminar.
The course covers the following seminar topics :
This course aims to:
INTEGRATED POLLUTION CONTROL AND WASTE LAW [LAWS7043 (non core) or LAWS7044 (core)]
MIGRATION, LAW AND SOCIETY [LAWS7057 (non core) or LAWS7056 (core)]
LAW AND BIOTECHNOLOGY [LAWS5019 (non core) or LAWS7024 (core)]
Advances in biotechnology (the use or manipulation of living organisms for purposes of attaining improvements) present challenges with regard to access benefit sharing, and biosafety. This course examines legal issues that arise from advances in biotechnology and prepares the student to develop an understanding of the legal, ethical and regulatory frameworks related to such advances. It does not assume that prior knowledge of or training in the biological sciences is necessary. Topics to be covered are:
HUMAN RIGHTS ADVOCACY AND LITIGATION