GENERAL LLM DEGREE

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.

This course primarily deals with protection of human rights at the universal level under the auspices of the United Nations (UN). It involves an understanding of the nature of international human rights law and its relationship with domestic law. Similarly, students will explore and understand the procedural and substantive law of UN bodies and selected regional mechanism, though at an introductory level since there is another course on Regional Protection of Human Rights offered in the second semester.

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 .

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:

• Philosophical bases for the enforcement of contracts,
• the doctrine of error,
• factors vitiating consent (voidable contracts),
• the doctrine of restraint of trade,
• unconscionable contracts and legality,
• exclusion clauses and standard form contracts,
• the doctrine of good faith,
• contract and the Constitution,
• contractual remedies,
• privity of contract and the contract/delict interface,
• state contracts and electronic contracts.

The course is divided into three parts. The first part looks broadly, at issues arising form the commercialization of intellectual property. More specifically, we will consider (i) hurdles to commercialization raised by our IP legislation, tax regime, exchange control regulations and competition law; (ii) common mistakes made in licensing transactions; (iii) the impact of exchange controls in IP transactions; (iv) how to form IP commercialization companies; (v) where to own IP; (vi) how to structure an international licensing program; and (vii) how to use IP in financing transactions. A second module will consider royalty determination, discussing: (i) how royalties should be calculated and justified for transfer pricing and exchange control purposes; (ii) cross-checks; (iii) common mistakes in royalty determination; and (iv) a brief discussion on IP valuations. The final module considers strategies for using 150% R&D tax incentive and how to structure an international R&D program.

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 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 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. 

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:

• Competition policy and structure of competition institutions in South Africa.
• Jurisdiction issues that affect South African cases.
• Horizontal application of competition law in South Africa, the US and EU
• Vertical restrictive practices in South Africa
• Exemption Applications in terms of the Competition Act and how to apply for an exemption.
• Abuse of Dominant Position and the anticompetitive effects
• Economics of competition law.
• Mergers and Acquisitions.

• Apply competition law to solve practical problems concerning anti-competitive practices.

TELECOMMUNICATIONS LAW [LAWS5026 (non core) or LAWS7036 (core)]

REFUGEES LAW [LAWS5027 (non core) or LAWS7030 (non core)]

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.

ADVANCED BROADCASTING LAW [LAWS5033 (non core) or LAWS7003 (core)]

INTERNATIONAL CRIMINAL LAW [LAWS5035 (non core) or LAWS7019 (core)]

• The nature and sources of international criminal law;
• The responsibilities of individuals, states and others;
• Alternatives to criminal prosecution;
• Defenses;
• Issues of state jurisdiction;
• Extradition and other means of obtaining personal jurisdiction;
• International tribunals from Nuremberg to former Yugoslavia, Rwanda,
• The permanent International Criminal Tribunal and beyond;
• A selection of specific international crimes (e.g.war crimes, crimes against humanity, human rights abuses and drug trafficking).

Much of the reading will be from Crimes against Humanity (Penguin) by Geoffrey Robertson QC (2000).

• Overview of Financial Markets Regulatory framework
• Collective Investment Schemes Control Act 45 of 2002/Hedge Funds
• Financial Advisory and Investment Services Act 37 of 2002
• Basle II
• Deposit insurance
• Legal aspects of derivatives
• Securitisation-asset backed, synthetic and whole business securitisations
• Bonds
• Money laundering
• Project finance
• Syndicated lending
• American depositary receipts

INDIVIDUAL LABOUR LAW [LAWS5039 (non core) or LAWS7017 (core)]

This course comprises an up-to-date examination of national and international aspects of employment law by recognised experts and practitioners in the field. Due regard is given to the wider socio-economic, political, legal and constitutional issues.

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:

• The ILO and sources of labour law 
• Contract of employment, the BCEA and collective bargaining 
• The new ?employee? from a national and international perspective 
• New developments in dismissal and automatically unfair dismissals 
• Discipline and misconduct in the workplace 
• Protected Disclosures Act 
• Incapacity and disability 
• New developments in the law of dismissal for operational requirements 
• Business transfers, closures, mergers and sales 
• Labour law and the Constitution 
• Employment equity and discrimination 
• Promotion of Equality and Prevention of Unfair Discrimination Act 
• Fair labour practices and the provision of benefits 
• HIV/AIDS 
• Privacy issues in employment 
• The new amendments to the legislation will be addressed where relevant

STUDY ABROAD ELECTIVE I [LAWS5042]

Students may study for one LLM subject at a university abroad. This subject will count towards the LLM if the contents and level of examination are considered of sufficiently high standards. Students should obtain approval before undertaking study abroad.

STUDY ABROAD ELECTIVE II

Subject to the prior approval of the Head of School, any other unit, or units from a foreign university judged equivalent to a law masters unit can be taken and credited. These units may be taken at non-core level only.

CYBER LAW [LAWS5046 (non core) or LAWS7013 (core)]

The rapid advent of the Information Society has created a plethora of legal problems. Convergence between the technologies of telecommunications, broadcasting and computers is straining current regulatory mechanisms. Despite the unpredictability of technical and economic developments in this area modern society is increasingly reliant on information technology. Many of the legal issues are dealt with in the Electronic Communications and Transactions Act 2002. The course examines the provisions of the Act in detail. The course also covers issues not dealt with by the Act; including civil jurisdiction and choice of law, liability for on-line delicts and risk management, and e-contracts.

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.

Special requirements

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:

• Development of social security law internationally
• The role of the ILO in social security
• Constitutional aspects of social security: socio-economic rights, the distinction between social security and social assistance
• Unemployment and the Unemployment Insurance Act of 1996
• Employment injury
• Sickness, incapacity and disablement
• Medical care: constitutional guarantees of the right of access to health
• Maternity: protection for pregnant women and employees
• Family benefit: child support, foster child and care dependency
• Old age and death: social insurance, pension schemes, provident fund schemes, legislation, regulations and relevant case law
• The impact of HIV/AIDS on social security law and policy in South Africa
• Migrant workers: an overview of constitutional provisions, national and international jurisprudence
• Social security and issues of discrimination and equity
• Financing and administration of social security

ENERGY LAW [LAWS5049 (non core) or lAWS7014 (core)]

South Africa s energy sector has been undergoing significant changes over the past two decades. Technological advances, changes to the regulatory regime, the need to ensure the provision of basic human energy needs, environmental protection, sustainable development and recent government policy aimed at restructuring the energy sector all present formidable challenges to the development of this sector. The primary objective of this course is to explore South Africa s new energy law regime with students in an effort to encourage their active participation in this exciting field of law. Aided by comprehensive reading lists (made up of South African, African and comparative materials) the course aims to build knowledge and skill in the energy law sector. Topics for this course are likely to include:

• Introduction to energy law and key concepts
• Electricity
• Hydropower
• Gas
• Petroleum
• Nuclear
• Sustainable Development ? benefits and costs of alternative renewable and non-renewable energy sources.

COLLECTIVE LABOUR LAW [LAWS5050 (non core) or LAWS7010 (core)]

Offered for the first time in 2003 at LLM level, Collective Labour Law and Related Topics comprises an up-to-date examination of national and international aspects of collective labour law by recognized experts and practitioners in the field. Constitutional and statutory provisions will be studied together with relevant case law. The new amendments to the legislation will be addressed where relevant. Topics include:

• Globalisation and its effect on South African labour law 
• Labour law and the constitution 
• Freedom of association 
• Organisational rights 
• Collective bargaining 
• Dispute resolution: The Labour Courts and the CCMA. Private dispute resolution 
• Strikes and lockouts: Statutory definitions 
• The legal consequences of protected and unprotected strikes and lockouts 
• The law on strikes and dismissal of strikers revisited in view of recent developments 
• Employment Equity and Affirmative Action from a collective perspective 
• Social security and pension law in the workplace. 
• Occupational Health and Safety 

INTERNATIONAL TRADE LAW [LAWS5051 (non core) or LAWS7023 (core)]

The course will explore legal aspects of South Africa s recent integration into the world economy and includes:

• The World Trade Organisation and International Dispute Resolution,
• Most Favoured Nation Policy,
• Dumping,
• Subsidies,
• Tariffs,
• Non-Tariff Barriers,
• The General Agreement on Trade in Services (GATS),
• The Trade-Related Intellectual Property Agreement (TRIPS),
• South Africa s Regional Trade Relationships,
• Trading with the European Union,
• United States African Growth and Opportunity Act.
• International Trade Law in its Political and Economic Context,
• International Trade and Developing Economies,
• The International Economic Order since Seattle,
• Environmental Ramifications of International Trade.

Likely topics are:

• Theoretical approaches to the study of administrative law. 
• The historical context and drafting history of the Promotion of Administrative Justice Act 3 of 2000 (AJA). 
• The application of the AJA to administrators and to judicial review. 
• The principle of legality, the Constitution and the AJA. 
• The definition of administrative action in the AJA. 
• Procedural fairness: action affecting any person . 
• Procedural Fairness: action affecting the public 
• Reasons for administrative action. 
• Reasonableness of administrative action. Judicial review of administrative action. Court procedures under the AJA. 
• Remedies Regulations, Codes of Conduct and the Administrative Review Council.

Likely topics are:

? Theoretical approaches to the study of information and privacy law and society
? Historical context and drafting history of the Promotion of Access to Information Act 2 of 2000 and the Data Protection and Privacy legal drafting project
? The Promotion of Access to Information Act 2 of 2000
? The Protection of Information Act and related legislation
? Comparative privacy/data protection legislation
? Issues concerning the proposed South African privacy/data protection legislation
? Related e-government and e-commerce regulation.

ADVANCED INTERNATIONAL LAW [LAWS5054 (non core) or LAWS7008 (core)]

This is a core course for all students taking an International Law specialization and primarily involves a deeper inquiry of international law topics not usually covered in detail in the introductory course in public international law at the undergraduate level. It deals with general international law and NOT specialized areas that may be covered in other courses such as international human rights law, international environmental law, international dispute resolution, international humanitarian law, regional protection of human rights law, etc. Apart from a recap of sources of international law, the course will cover such advanced areas as the principle of Uti Possidetis, the concept of self-determination in contemporary international law including secession, the United Nations? political and legal organization, the International Law Commission, the African Union and its political organs, issues of Consular and Diplomatic protection, feminism and public international law, the doctrine of responsibility to protect and humanitarian intervention, etc. Where possible, an African emphasis on the various topics and concepts will be given.
It is expected that at the end of the course, students would have achieved, inter alia, the following outcomes: Critical understanding of advanced concepts and principles of international law and the working of the institutional mechanisms for their enforcement; analytical skills to study and provide informed approaches to resolving international law problems or challenges; academic and intellectual competence to research, teach and use international law principles in adjudication, litigation, advisory roles, and other applications.

REGIONAL PROTECTION OF HUMAN RIGHTS LAW [LAWS5055 (non core) or LAWS7031 (core)]

This course studies the regional systems that currently exist to protect human rights in Africa, the Americas and Europe. It compares the rights guaranteed under these various systems and the procedures established to enforce them. Particular attention will be paid to the African human rights system. The course will emphasise the mechanism for bringing a case before these systems and the remedies available under the enabling conventional mechanisms of these systems.

INTERNATIONAL ENVIRONMENTAL LAW [LAWS5056 (non core) or LAWS7021 (core)]

This course explores the body of international legal norms that regulate behaviour in the field of environmental protection and sustainable development at national, regional and global levels. It includes the role of international institutions in developing and implementing environmental agreements, relationships between environmental law and international issues, developing countries perspectives on environmental issues, and social and cultural changes that affect the implementation of environmental law. Other areas covered include climate change, export of hazardous waste, deforestation and biodiversity, environmental concerns in war, human rights, and development financing.

INTERNATIONAL DISPUTE RESOLUTION [LAWS5057 (non core) or LAWS7020 (core)]

The course involves a survey of the various modes of international dispute resolution such as litigation, negotiation and arbitration. Attention is paid to examining the basic issues and principles of public international litigation between governments and between a government and a private entity. The role and interests of each of the parties to a negotiation, including private actors, lending institutions, governments and government agencies, and multinational non-profit organizations). Analysis of the arbitration agreement, the process of arbitration, and the enforcement of arbitral awards as well as the common principles governing the dispositions of claims; and review of the various arbitral tribunals and their rules.

HUMAN RIGHTS AND THE MARKETPLACE [LAWS5058 (non core) or LAWS7016 (core)

This course examines the impact of human rights standards on business activities such as global trade, corporate governance and competition, international finance, and economic development. The course is designed to teach corporate social responsibility and how to incorporate human rights standards and ethical business practices into the design, implementation and evaluation of business activities, especially in developing countries. It will design innovative ways to improve relationships and promote active cooperation among governments, NGOs and corporations in order to maximize political and economic development benefits.

The course will emphasise:

• The impact of international human rights standards on global trade, 
• Corporate governance and economic development, 
• Basic principles and institutions, 
• Market based initiatives toward corporate responsibility (i.e. efforts by companies to attract consumers and investors by voluntarily adopting human rights codes of conduct or social accountability standards). 
• Civil liability (the enforcement of standards against corporations through private law suits in domestic courts). 
• International and national regulations (under which corporate conducts are channeled in ways that are socially responsible.

HEALTH LAW AND HUMAN RIGHTS [LAWS5059 (non core) or LAWS7015 (core)]

This course considers the content and regulatory impact of the various health-related rights in the South African Constitution, on different aspects of the South African health system. A It combines a study of relevant constitutional rights jurisprudence with a critical overview of South African health law and policy and a focus on topical and controversial issues relating to the role of rights in the transformation of the health system. These include the limitation of individual rights in the interests of public health; the regulation of the private health care industry, national health insurance and the regulation of the pharmaceutical industry in advancing access to medicines.

PENSIONS FUND LAW I (LAWS5060/LAWS7027)

This course will only be on offer from 2007.

PENSIONS FUND LAW II (LAWS5061/LAWS7028)

The course will focus primarily on the legal nature of occupational retirement funds, the relationships between members of retirement funds, those funds and the members? employers and the rights and obligations of each toward the others. It is expected that by the conclusion of the semester students will be in a position to advise members of funds in regard to their rights in regard to benefits payable on early withdrawal, death, disablement or retirement, pensions-splitting on divorce, the protection of benefits against the claims of creditors, permissible deductions from benefits and the enforcement of claims.

SPACE AND SATELLITE LAW [LAWS5031 (non core) or LAWS7033 (core)]

• This course examines a number of space and satellite law issues including:
• international space law treaties,
• Customary international space law including the history and theory of space law; resolutions: recommendations; cases.
• International inter-governmental space organizations and their move to corporatisation,
• The position of commercial players; natural and juristic persons; joint ventures
• Regional organisations affecting South Africa.
• The role and functioning of the International Telecommunications Union,
• State regulation on space; a comparative approach,
• Satellite telecommunications,
• Satellite broadcasting,
• Satellite technologies

THE LAW OF ARMED CONFLICT [LAWS5039 (non core or LAWS7037 (core)]

This course consists of two closely related subjects : jus in bello and jus ad bellum . The first part of the course deals with lawful and illegal use of force in international relations. The following issues are considered analysing contemporary international practice, including decisions of the International Court of Justice

• the development of the principle of non-use of force,
• self-defense,
• humanitarian intervention,
• the use of force sanctioned by the United Nations and Regional Organisations,
• intervention in civil strife and civil wars.
• The second part of the course deals with rules and customs applicable in international armed conflicts and in armed conflicts of a non-international character (international humanitarian law). This includes, inter alia :
• the doctrine of belligerent equality,
• military necessity and military objectives,
• the treatment of prisoners of war and civilian population during armed conflict,
• prohibitions and permissible methods of warfare,
• war crimes.

Weekly seminars will be held. Students may be asked to lead discussion at a particular seminar.

ENVIRONMENTAL AND SUSTAINABLE DEVELOPMENT LAW [LAWS7053 (non core) or LAWS7040 (core)]

The aims of this course are the following:

• To provide a conceptual framework for understanding the various dimensions of and approaches to environmental law
• To explore the concept and main techniques of environmental regulation;
• To introduce students to the primary piece of generic environmental law operative in a South African context, namely the National Environmental Management Act 107 of 1998 as amended;
• To introduce students to the body of South African case law that has developed in the field of environmental law;
• To promote a critical understanding of all of the above.

The course covers the following seminar topics :

• Introduction to environmental law
• Environmental law principles and their application
• Environmental governance in South Africa
• Environmental Impact Assessment
• Human rights and the environment
  a)The international perspective A
  b)The national perspective
• Environmental litigation
• Compliance and enforcement
  a)Environmental crimes A
  b)Environmental Management Inspectors (EMIs)

CONSERVATION AND BIODIVERSITY LAW [LAWS7041 (non core) or LAWS7046 (core)]

This course aims to provide a conceptual framework for understanding conservation and biodiversity law in a South African context and to promote a critical understanding of the legal instruments governing conservation and biodiversity with reference to current topical issues. The course puts conservation and biodiversity law into a modern perspective that embraces international and national statutes, treaties and administrative regulations on the sustainable management of natural resources.
The covers the following modules:

• Introduction to Conservation and Biodiversity Law: This module introduces the Convention on Biodiversity and how its principles have been incorporated into the national framework for conservation and biodiversity law.
• Protection v Sustainable Development: The second module deals with the changed narrative from preservation to sustainable development and how this has informed the legal framework and public policy into including sustainable use of natural resources as a conservation measure.
• Trade Control: Here we deal with CITES and how the listing of species, such as the recent listing of Abalone, imposes national restrictions on international trade of natural resources.
• Restricted Use: The fourth module deals with the listing of categories of plants or animals and the different degrees of legal protection that the listing gives to vulnerable species.
• Protected Areas: The fifth module deals with the classification, establishment, administration, management and permitted/prohibited activities in protected areas.
• Integrated biodiversity planning: This module deals with biodiversity conservation in the planning of activities outside of protected areas.
• Alien and Invasive Species: The seventh module deals with the international and national regulation of alien and invasive species.
• Bio-prospecting and access to genetic resources: This module deals with the manner in which South Africa has chosen to regulate bio-prospecting and the rights and duties around biotechnology, including benefit-sharing arrangements.
• Access, benefit-sharing and community management: The ninth module deals with laws and policies that promote access, benefit sharing and community management in conservation.
• Administration

LAND AND WATER LAW [LAWS7042 (non core) or LAWS7045 (core)]

This course aims to:

•  Stimulate a deeper awareness and understanding of the environmental issues arising from the use of land and water;
• Explore the linkages between different forms of tenure and land degradation ? particularly private ownership and common property regimes;
• Examine the extent to which land-planning legislation takes environmental considerations into account;
• Consider the interaction of processes for land management carried out by local authorities and the EIA process;
• Survey the regulatory measures to preserve agricultural resources;
• Consider the origin and scope of the right to water and the entitlements to which it gives rise;
• Promote a detailed understanding of the principles and rules of the new water law in South Africa, including institutional framework, allocation of authorizations and measures to protect water resources.

•  Overview of the current state of and likely future developments in human, animal and biotechnology.
• Ethical, legal and regulatory issues raised by developments in, animal and plant biotechnology.
• The regulatory framework for advances in biotechnology.
• The basic principles of law and the role of the law in the regulation of biotechnology.
• A comparative and critical analysis of laws governing the biotechnology industry (locally and international).