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The Role of South Africa in SADC Regional Integration: the Making or Braking of the Organization Image
Journal article

The Role of South Africa in SADC Regional Integration: the Making or Braking of the Organization

The economic and political strength of South Africa in Southern Africa is undeniable. South Africa is the strongest economy in Southern Africa and in the whole continent of Africa. Regional and global interests lie at the heart of South African’s foreign policy resulting in the need to create compromises that may disadvantage the SADC block. South Africa is the current chair of SADC and its leadership role is critical. The country is also the gateway to foreign direct investment to the developing world. This paper seeks to discuss the critical position which South Africa finds itself in. The challenge to provide leadership at regional and global level has also been compounded by the domestic outcry for a need to deal with issues at home. South Africa holds the key for the success of SADC both at economic and political levels. However SADC’s dependence on South Africa may turn out to be a stumbling block since there is divided attention. This has been shown by South Africa’s ‘go it alone’ approach when it comes to negotiating trade agreements, e.g. with the EU, as well as its unwillingness to compromise on the Economic Partnership Agreements (EPAs) that the other SADC Members States are signing. What is obvious is that SADC needs South Africa but at the same time South Africa is at liberty to choose when to drive the SADC agenda. This problem has to be delicately addressed if SADC is seriously seeking success on the regional integration front.
Circumventing the Privity Rule in Malaysia Image
Journal article

Circumventing the Privity Rule in Malaysia

This article briefly introduces the privity rule and its application in Malaysia which has created difficulties in relation to contracts made for the benefit of third parties. This article then investigates how Malaysian courts circumvent the privity rule to ensure that justice prevails. The mechanisms examined include among others agency, trust, tort and estoppel. This article argues that the application of these mechanisms rule are not adequate to resolve the difficulties caused by the privity rule and concludes that a statutory reform to create third party rights in contract law is required.
Intellectual Property Protection for Video Games \u002D a View From the European Union Image
Journal article

Intellectual Property Protection for Video Games - a View From the European Union

The Postal Acceptance Rule in the Digital Age Image
Journal article

The Postal Acceptance Rule in the Digital Age

Intellectual Property Protection for Video Games \u002D a View From the European Union Image
Intellectual Property Protection for Video Games \u002D a View From the European Union Image
Journal article

Intellectual Property Protection for Video Games - a View From the European Union

The Postal Acceptance Rule in the Digital Age Image
The Postal Acceptance Rule in the Digital Age Image
Journal article

The Postal Acceptance Rule in the Digital Age

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The Allotment Contract Through the Hotel\u002Dkeeper\u0027s General and Special Liability for Damage Image
Journal article

The Allotment Contract Through the Hotel-keeper's General and Special Liability for Damage

The hotel-keeper is liable for any damage due to breach of the allotment contract. His liability is divided into two types: 1.) general liability - that derives from the agency hotel-keeper's contract and 2.) special liability - characteristic only for the allotment contract. His most important general liability is the liability for non-payment of the commission and his most common special liability is the liability for non-providing the allotment accommodation. The purpose of the paper is to analyze the hotel-keeper's contractual liability for non-payment of the commission and non-providing the allotment accommodation to the agency and its guests through the solutions of the comparative laws (of Croatia, France, Germany, Italy, UK and USA) and at the EU and International law level. The results of the paper are answers to given theoretical questions (damage to a double subjectivity, the types of damage and liabilities, and the comparative solutions) and the synthesis of the hotel-keeper's liability in the allotment contract analysis. The conclusion is the need of adoption of an International convention that would regulate the allotment contract content, especially regarding the liabilities of the parties.
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