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In April 2019 Lord Ashcroft published the results of his year-long investigation into South Africa's captive-bred lion industry. Over eleven pages of a single edition of the Mail on Sunday he showed why this sickening trade, which involves appalling cruelty to the 'King of the Savannah' from birth to death, has become a stain on the country.
Unfair Game features the shocking results of a new inquiry Lord Ashcroft has conducted into South Africa's lion business. In the book, he shows how tourists are unwittingly being used to support the abuse of lions; he details how lions are being tranquilised and then hunted in enclosed spaces; he urges the British government to ban the import of captive-bred lion trophies; and he demonstrates why Asia's insatiable appetite for lion bones has become a multimillion-dollar business linked to criminality and corruption, which now underpins South Africa's captive lion industry.
This newly updated text equips nurses and other health-care professionals to deal with the legal issues they encounter in daily practice.
Informative and relevant, The A-Z of Nursing Law covers all recent changes to the law and legislation that affect the nursing profession. As the only local book of this nature, it has become an invaluable resource for nurse practitioners and other health-care professionals.
Undergraduate and postgraduate nursing students will also find it useful.
Healthcare delivery in the 21st century has become increasingly complex and demanding . Clinical consultations frequently raise scientific, ethical and legal challenges. While scientific issues may be resolved using an evidence-based medicine (EBM) approach, ethical theory is needed to justify decision making in the face of ethical conflict. Medical ethics, law and human rights: a South African perspective provides the conceptual background and analytic skills necessary to assist with the resolution of ethical dilemmas encountered in the South African healthcare environment. Medical ethics, law and human rights: a South African perspective uses case studies to help the healthcare team to identify and analyse ethical, moral and value concepts, and to apply these to scenarios that they may encounter on a daily basis. Part 1 explores theories and principles of ethics (including African philosophy), introduces medical law, discusses health and human rights, and also makes the transition from theory to practice. Part 2 looks at specific topics in healthcare that raise challenges from an ethics perspective - HIV/AIDS, use of social media, euthanasia, human reproduction, genetics and genomics. In view of the increasing emphasis on ethical considerations in healthcare from the Health Professions Council of South Africa (HPCSA), coupled with the rising incidence of litigation in healthcare, Medical ethics, law and human rights: a South African perspective is essential reading for health science, law and philosophy students as well as practising healthcare professionals.
The purpose of this book is to set out the fundamental principles governing the law of medical malpractice in clear and understandable terms, so that those principles can be applied in daily practice.
The intersection of the fields of medicine and the law produces formidable challenges. For the lawyer, the applicable legal principles and issues are as intellectually and professionally demanding as encountered in any field of the law. For the medical practitioner, there is at present an obstructive uncertainty and anxiety about the legal rules which apply, and the health professions accordingly feel under siege.
Added to this is the formative role that government and civil society plays in considering and assimilating into our legal system profound policy considerations affecting our most intimate interests. This book addresses these issue clearly and comprehensively.
Environmental law provides a comprehensive and succinct examination of the entire environmental law landscape in South Africa. The second edition includes a new chapter on climate change, and also examines the following recent developments: the new environmental impact assessment (EIA) regime (2010 regulations) several amendments to the National environmental management act and other environmental legislation the new National environmental management: waste act the new National environmental management: Integrated coastal management act several important developments in delegated legislation numerous new cases, including the far-reaching Fuel Retailers decision in the Constitutional Court.
Understanding Social Security Law deals with key elements of social security in its various facets, both private and public measures. Social security is defined and different elements such as social insurance, social assistance, pensions and unemployment insurance are set out. Relevant case law is explained for the reader. Selected comparative social security trends elsewhere, including developments in the Southern African Development Community (SADC) are also mentioned.
The book aims to present some relevant aspects of this growing area of the law and labour market policy in an accessible way. Key point summaries of law and frequently asked questions (FAQs) are covered to aid understanding.
The authors are highly regarded labour law practitioners and academics who have published extensively in this field.
Most planning degrees at South African universities include a compulsory course in planning law. This is usually the first time that planning students encounter law as a discipline. Planning students therefore need to familiarise themselves with sources such as the Constitution, legislation and court decisions. The Planning Law Casebook seeks to assist students in this regard. Understanding how to use, interpret and apply case law is perhaps the most difficult aspect of planning law.
Part I of the Planning Law Casebook describes the different parts of a typical court case. Part II briefly explains how the Casebook should be used. Part III contains discussions and analyses of 18 key planning law cases, which reflect the different components of current planning law. Part IV is a glossary in which the relevant legal concepts and terminology are defined. Part V includes extracts from applicable legislation. Part VI provides examples of typical planning documents, such as a deed of transfer, a notice of the removal of a restrictive condition or rezoning, and a part of a schedule to a town planning scheme indicating one of the zoning categories.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Stephen F. Ross presents this succinct introduction to key topics of law specific to sports, comparing approaches to sports law across the globe, with particular focus on the United States, Europe, and common law jurisdictions. Contrasting the profit-maximizing approach of North American leagues with the global integrated approach of professional sports governed by national and international governing boards, the book offers a novel model for the latter. Key features include: * an exploration of how law facilitates or impairs revenue generation through contract, intellectual property, and other doctrines * an insight into remedies for player contract breaches * examination of the widespread use of arbitration in the resolution of sports law disputes * analysis of competition law and human rights law as the principal external legal constraints on sporting entities. This Advanced Introduction will be a useful resource for scholars and advanced students of sports law. It will also be beneficial for sports lawyers and practitioners, as well as those in the fields of global and transnational law.
This comprehensive volume of the Elgar Encyclopedia of Environmental Law provides an overview of the major elements of energy law from a global perspective. Based on an in-depth analysis of the energy chain, it offers insight into the impacts of climate change and environmental issues on energy law and the energy sector. This timely reference work highlights the need for modern energy law to consider environmental impacts and promote the use of clean energy sources, whilst also safeguarding a reliable and affordable energy supply. Featuring 65 entries written by leading international scholars and practitioners in the field, the volume is organised into eight thematic parts, each focusing on a specific area of the energy sector. Topics covered include international energy cooperation, the regulation and governance of energy markets, legal regimes governing renewable energy sources, regulation of the transport and supply of energy, consumer protection, and energy savings mechanisms. Providing an authoritative analysis of key developments in this significant area of law, this volume will be an invaluable resource for researchers, academics and students. Its insights into governance and regulation in the sector will also prove useful to practitioners and policymakers.
Hydraulic Fracturing in the Karoo: Critical Legal and Environmental Perspectives explores a broad-ranging set of questions related to proposed hydraulic fracturing or `fracking' in the Karoo. The book is multidisciplinary, with contributors including natural scientists, social scientists, and academics from the humanities, all concerned with the ways in which scientific facts and debates about fracking have been framed and given meaning. The work comprises four parts: Part 1 provides an international, legal, energy, economic, and revenue overview of the topic. Part 2 has a physio-geographic theme, with chapters on the inter-related aspects of water, geology, geo-hydrology, seismicity and biodiversity, as well as archaeological and palaeontological considerations. Part 3 focuses on public health, and sociological and humanities-related aspects, and Part 4 addresses the relevant laws, emphasising their implementation and the role of governance. The underlying theme of Hydraulic Fracturing in the Karoo: Critical Legal and Environmental Perspectives is one of caution. The book emphasises the need for collaboration between the natural and social sciences and the responsibilities of those charged with the implementation and governance of the fracking enterprise if South Africa hopes to effectively manage fracking at all.
This innovative Handbook provides an expansive interrogation of the spaces and places of law, exploring how we engage relationally in a material world, within which we are inter-dependent and reliant, and governed by laws in a dynamic process. It advances novel insights into the numerous intersections of space, place and law in our lives. International contributors offer a range of activity-orientated analyses, focusing on methodology, embodied experience, legal pluralism, conflict and resistance, and non-human and place agency. The Handbook examines a number of cross-cutting themes including social inequality, environmental justice, sustainability, urban development, Indigenous legal systems, the effects of colonialism and property law. Representing a diversity of locales from all around the world, the chapters encompass both urban and rural, terrestrial and marine areas, agential and storied spaces, and fictional as well as 'real' places. Taking a multidisciplinary approach that incorporates law, human and legal geography, planning, sociology, political ecology, anthropology, and beyond, this comprehensive Handbook will be critical reading for scholars and students of these and cognate areas. Its discussion of empirical examples will also be beneficial for practitioners and policymakers interested in these fields.
Realising the Right to Basic Education examines the crucial roles of civil society and the courts in developing the right to education in South Africa amid substantial and persistent inequalities in education provisioning. Unlike other socio-economic rights in the Constitution, the right to basic education is framed as an unqualified right - it is not subject to qualifiers such as 'progressive realisation' and 'within the state's available resources'. Yet, two and a half decades into South Africa's constitutional democracy, the apartheid legacy of unequal education still lingers. Poor, predominantly black learners continue to attend historically disadvantaged schools that are often severely under-resourced, producing poor learner outcomes. This has given rise to a wave of civil society activism since around 2008 - and organisations have been utilising legal mobilisation as a key tool to effect change in historically disadvantaged schools. The litigation initiated by these organisations has contributed to a rich and evolving jurisprudence on the right to basic education as a substantive right. However, in a significant number of these cases, the relevant education departments have not complied with court orders, requiring litigants to seek increasingly innovative, experimentalist and even coercive remedies to ensure that judgments are implemented. Realising the Right to Basic Education presents an overview of these education-provisioning cases and the roles played by civil society and the courts. It analyses the contribution of these two role-players in the normative development of the right to basic education. The book also aims to identify a viable framework for interpreting the right to basic education - one that can guide South Africa towards adequate education provisioning and, ultimately, facilitate transformation of basic education in South Africa's historically disadvantaged schools.
This timely book addresses the need for further measures to reduce greenhouse gas emissions in the European Union, arguing that the EU Emissions Trading Scheme does not offer sufficient incentives for the carbon intensive materials sector. It highlights the challenge that emissions from industries such as iron and steel, cement and aluminium, amongst others, pose to the EU's commitment to significantly cut emissions by 2030. Offering an in-depth review from an economic and legal perspective, Manuel Haussner explores these carbon intensive sectors and their contribution to current emissions, and provides insightful suggestions on how a consumption-based carbon charge would create incentives for deep decarbonisation. He demonstrates how the design of such a charge would comply with the EU's obligations and WTO's legal requirements, and illustrates how such a charge would be drafted, providing guidance on administering carbon taxation and analysing carbon charges alongside the EU recommended portfolio of policy instruments. This thought-provoking book will be an essential read for all policy makers, consultants and practitioners working in environmental law and policy in the EU. It will also be valuable to scholars working at the intersections of economics and environmental and energy law.
The South African Schools Act 84 of 1996 aims to make high-quality basic education accessible to all South African children irrespective of race and geographic location in the country. Written by significant role-players and members of the judiciary, Pathways to Successful Schooling reflects on the journey of South African schooling over the past 20 years. This book was prompted by the 2016 Schools Act symposium, Schools Act @ 20: Charting the Way Forward, which celebrated the 20th anniversary of the Schools Act. Looking at education since 1996, this book considers practical alternatives for addressing contentious matters. Unique to this work is the inclusion of the first ever analysis of the background to the drafting of the Schools Act. Pathways to Successful Schooling gives perspectives on dreams, expectations and realities. It reflects on what became of the vision of the Education White Paper 1 and the Schools Act. An international dimension is added by the discussion of constitutional changes and values in the context of the United Nations' Sustainable Development Goals. The book also looks at legislating for the realisation of children's rights and offers the view that, although the Act has set the pace, broader efforts will enhance children's rights in South Africa.
Law Clinics and the Clinical Law Movement in South Africa provides guidelines to assist clinicians and universities with the development of the clinical legal education curriculum, teaching methodology and the administration of a university-based law clinic. The manual was developed from contributions taken from papers and presentations given by clinicians attending workshops of the South African University Law Clinics Association (SAULCA). The book offers a wide range of guidance on many components of clinical legal education, including integrating clinical legal education with the requirements of higher education and the legal profession, setting goals and objectives for a clinical legal education programme, and an examination of the basic principles of teaching and learning as well as assessment. It also focuses on the different methods of teaching and learning, such as lecturing, supervision, legal research and mediation. The teaching portfolio covers in detail many subjects, including client communications, drafting and civil trial advocacy. The manual pays attention to the day-to-day administration of a university-based law clinic with practical support on financial and office management as well as accreditation. The unique feature of this manual is that the material covered in many sections offers practical advice and examples which will be of benefit to newly appointed law clinicians. The manual adheres to SAULCA's vision, mission and objectives, and in collaboration with its member university law clinics, SAULCA continues to investigate and explore new methods and processes which aim to improve clinical legal education and access to justice.
This edited book is the first to reflect on childhood obesity as a global legal challenge. It calls for a thorough commitment to human rights in the face of an ascendant global agri-food industry. The book makes an original contribution to the discussion on obesity as it considers both international economic law and human rights law perspectives on the issue whilst also examining the relationship between these two bodies of international law. After highlighting the importance of a human rights-based approach to obesity prevention, this book discusses the relevance of international economic law to the promotion of healthier food environments. It then examines the potential of international human rights law for more effective regulation of the food industry, arguing for better coordination between UN actors and more systematic reliance on human rights tools, including: the best interests of the child principle, human rights due diligence processes, and the imposition of extraterritorial obligations. The concluding chapter reflects on recurring themes and the added value of a WHO Framework Convention on Obesity Prevention. This book will be of interest to public health scholars, particularly those working on obesity and non-communicable diseases, and those with a broader interest in children's rights, human rights, international trade, investment, consumer or food law and policy. It will also be relevant to policy actors working to improve nutrition and public health globally.
This comprehensive Research Handbook is the first study to link law and Earth system science through the epistemic lens of the planetary boundaries framework. It critically examines the legal and governance aspects of the framework, considering not only each planetary boundary, but also a range of systemic issues, including the ability of law to keep us within the planetary boundaries' safe operating space. The expert contributors investigate the current and potential role of law in relation to the complex task and regulatory challenges of governing the Earth system. They explore three thematic areas: the overarching legal, ethical and governance dimensions of the planetary boundaries; their diverse international law dimensions and the challenges they raise for international law; and the extent to which the law already provides for some of the aspects illuminated by each planetary boundary, alongside opportunities for legal reform. Lawyers, Earth system scientists and governance experts will benefit from the mapping of the next stage of international environmental law included in the chapters. The book will also be a key resource for regulators, legislators and policy-makers looking for an in-depth study of the relationship between law and each of the nine planetary boundaries.
Law for Social Workers has been supporting social work students and professionals for over 25 years. Written by an expert team with practical experience, this book provides the perfect combination of legal explanation and practical insight and is the ideal text to see students through their course and career. This edition continues to provide an accurate, jargon-free account of the law social workers need to know, with helpful diagrams and case studies included throughout to explain areas of difficulty and ensure understanding for students and professionals at all levels. It also includes the Social Worker's Toolkit, which offers practical advice on topics such as going to court, preparing evidence, and writing reports, providing the ideal support while on placement or in the workplace. Digital formats and resources The sixteenth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks This edition's online resources include: -Video tutorials on a range of practical topics -Multiple choice questions for students to test their knowledge -Guidance on answering the exercises from the book -Further reading suggestions -Glossary and flashcards of legal jargon - PowerPoint slides with accompanying notes for lecturers
Providing in-depth coverage of each article of the Paris Agreement, this Commentary offers a comprehensive, legal analysis of this most recent and important international instrument on climate change. This provision-by-provision textual analysis examines the commitments that parties to the Agreement have made to undertake ambitious efforts to combat climate change and adapt to its effects, whilst providing additional support to developing countries. Describing the history, implementation and operation of the Paris Agreement, this Commentary is indispensable for obtaining a deep and nuanced understanding of the way in which the global community seeks to intensify its efforts to address climate change. Written by internationally renowned contributors, it discusses recent examples of implementation of the Agreement and nationally determined contributions (NDCs). Clearly written and accessible, this Commentary will be a vital resource for policy makers and government officials involved in climate change across the globe, whilst also being valuable for practitioners, scholars and students of climate change law and policy.
In hierdie werk word gekonsentreer op die gemene onderliggende beginsels van enersyds die verskillende vorme van saaklike sekerheidsregte waar telkens sprake is van 'n bepaalde saak as vermoensobjek waarop die skuldeiser 'n beperkte saaklike sekerheidsreg vestig en in sommige gevalle, danksy sodanige beperkte saaklike sekerheidsreg oor die aldus geidentifiseerde saak van die skuldenaar, 'n preferente en versekerde aanspraak op verhaal uit die opbrengs van daardie sekerheidsobjek het ter voldoening van sy uitstaande skuldvordering. 'n Skuldeiser kan andersyds ook met sy skuldenaar ooreenkom om vermoensobjekte, anders as die objekte van saaklike regte van die skuldenaar, as sekerheidsobjekte te identifiseer. Die vestiging van 'n saaklike sekerheidsreg verander nie die saldo van boedelbates van die skuldenaar waarteen sy skuldeisers verhaal kan neem nie - dit plaas hoogstens 'n kordon om die verhaalbare waarde van die geidentifiseerde sekerheidsobjekte ten gunste van die versekerde preferente skuldeiser. By persoonlike sekerheidsregte word daarteenoor verhaal geneem op bates wat aan 'n ander regsubjek as die primere skuldenaar behoort en wat dus nie deel van die saldo van die skuldenaar se bates vorm nie.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Written by esteemed legal scholar Michael L. Perlin, this indispensable Advanced Introduction examines the long-standing but ever-dynamic relationship between law and mental health. The author discusses and contextualises how the law, primarily in the United States but also in other countries, treats mental health, intellectual disabilities, and mental incapacity, giving examples of how issues such as the rights of patients, the death penalty and the insanity defense permeate constitutional, civil, and criminal matters, and indeed the general practice of law. Key features include: * unpacks key US Supreme Court decisions to focus on the issues that have been most significant in the development of the field * explains the distortion of this area of law by biased and stereotypical social attitudes including sanism * examines lesser-known cases that illuminate judicial attitudes, helping readers to better understand likely future developments in mental health law. Offering an insightful introduction to this field, the Advanced Introduction to Mental Health Law is an invaluable resource for students and newly qualified lawyers, and will appeal not only to those looking to understand the law in the United States, but how this contributes to the development of the field as a whole.
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