The international arbitration act and dispute resolution
- Authors: Mkorongo, Michelle
- Date: 2020
- Subjects: Dispute resolution (Law) -- Africa , International commercial arbitration
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/49005 , vital:41592
- Description: Worldwide, states that had incorporated international standards of arbitration or drew influence from them, thrived in providing effective and efficient resolution of international commercial disputes. However, since 1965, there had been little to no increase in resolving international commercial disputes between private parties in South Africa, either through the court or arbitration. As a result, private parties were drawn to arbitrating in states that had incorporated these international standards and conformed to the aim of unifying arbitral regulation. This study aims to determine what South Africa’s response was in dealing with international commercial disputes and the development of arbitration as an appropriate dispute resolution mechanism. Based on the premise that arbitration is regarded as a popular dispute resolution mechanism when it comes to international trade transactions globally, this study will unpack why arbitration in South Africa did not reflect this premise. A thorough analysis of how international arbitration and its regulation developed globally will be conducted to show at what point uniform regulation came about. The results will indicate in what ways South Africa’s regulatory framework was insufficient to deal with international arbitration and will show how it took a considerable amount of time to regulate arbitration appropriately. Upon regulating international arbitration in 2017, the study will show other ways that South Africa can enhance itself in terms of providing a comprehensive regulatory framework and position itself as an ideal seat of arbitration in Africa.
- Full Text:
- Date Issued: 2020
- Authors: Mkorongo, Michelle
- Date: 2020
- Subjects: Dispute resolution (Law) -- Africa , International commercial arbitration
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/49005 , vital:41592
- Description: Worldwide, states that had incorporated international standards of arbitration or drew influence from them, thrived in providing effective and efficient resolution of international commercial disputes. However, since 1965, there had been little to no increase in resolving international commercial disputes between private parties in South Africa, either through the court or arbitration. As a result, private parties were drawn to arbitrating in states that had incorporated these international standards and conformed to the aim of unifying arbitral regulation. This study aims to determine what South Africa’s response was in dealing with international commercial disputes and the development of arbitration as an appropriate dispute resolution mechanism. Based on the premise that arbitration is regarded as a popular dispute resolution mechanism when it comes to international trade transactions globally, this study will unpack why arbitration in South Africa did not reflect this premise. A thorough analysis of how international arbitration and its regulation developed globally will be conducted to show at what point uniform regulation came about. The results will indicate in what ways South Africa’s regulatory framework was insufficient to deal with international arbitration and will show how it took a considerable amount of time to regulate arbitration appropriately. Upon regulating international arbitration in 2017, the study will show other ways that South Africa can enhance itself in terms of providing a comprehensive regulatory framework and position itself as an ideal seat of arbitration in Africa.
- Full Text:
- Date Issued: 2020
IsiXhosa speaking biological fathers’ perceptions and experiences of parental alienation
- Mokolobate, Motshabi Catherine
- Authors: Mokolobate, Motshabi Catherine
- Date: 2019
- Subjects: Parental alienation -- Psychological effects
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/44587 , vital:38148
- Description: There has been a positive shift in South African laws advocating for children and father’s rights to parent-child relationships. Children often get caught in the middle of their parents’ enduring battles and acrimonious separations or divorces frequently resulting in loss of contact with one parent. The term parental alienation is used to describe this phenomenon. Parental alienation can take many forms with the common thread being the negative impact that it has on the parent-child relationship and an increase in father absenteeism. The psychological effects of absent fathers on children and single parenthood are significant and contribute to social ailments such as substance abuse, violence and abuse. Extensive research has been conducted on the effects of parental alienation on children; however, there is limited research on how fathers experience parental alienation and how it shapes their perception of fatherhood. This study aimed to explore and describe the perceptions and experiences of fathers who have experienced parental alienation. A purposive sampling method was utilized using 6 participants who were sourced from a male-focused NGO in Zwide Township in the Port Elizabeth Metropolitan area. Data was collected through in-depth semi-structured audio taped interviews. Transcribed data was analysed by means of thematic analysis following Guba’s Model of Trustworthiness as a guide for data verification. All necessary ethical considerations were adhered to. Four themes emerged from the study. Participants understood and experienced parental alienation as unjust and painful; parental alienation was perceived as complex and challenging; upbringing influenced their paternal involvement and finally parental alienation affected their perception of fatherhood and their construction of paternal identity.
- Full Text:
- Date Issued: 2019
- Authors: Mokolobate, Motshabi Catherine
- Date: 2019
- Subjects: Parental alienation -- Psychological effects
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/44587 , vital:38148
- Description: There has been a positive shift in South African laws advocating for children and father’s rights to parent-child relationships. Children often get caught in the middle of their parents’ enduring battles and acrimonious separations or divorces frequently resulting in loss of contact with one parent. The term parental alienation is used to describe this phenomenon. Parental alienation can take many forms with the common thread being the negative impact that it has on the parent-child relationship and an increase in father absenteeism. The psychological effects of absent fathers on children and single parenthood are significant and contribute to social ailments such as substance abuse, violence and abuse. Extensive research has been conducted on the effects of parental alienation on children; however, there is limited research on how fathers experience parental alienation and how it shapes their perception of fatherhood. This study aimed to explore and describe the perceptions and experiences of fathers who have experienced parental alienation. A purposive sampling method was utilized using 6 participants who were sourced from a male-focused NGO in Zwide Township in the Port Elizabeth Metropolitan area. Data was collected through in-depth semi-structured audio taped interviews. Transcribed data was analysed by means of thematic analysis following Guba’s Model of Trustworthiness as a guide for data verification. All necessary ethical considerations were adhered to. Four themes emerged from the study. Participants understood and experienced parental alienation as unjust and painful; parental alienation was perceived as complex and challenging; upbringing influenced their paternal involvement and finally parental alienation affected their perception of fatherhood and their construction of paternal identity.
- Full Text:
- Date Issued: 2019
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