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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.
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On Technology Neutral Policies for E–identity: a Critical Reflection Based on UK Identity Policy Image
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On Technology Neutral Policies for E–identity: a Critical Reflection Based on UK Identity Policy

This paper reviews the arguments for technology neutral e–identity policies. It uses the recent experience of identity policy in the UK, as well as a consideration of technological developments, to distinguish between two perspectives on technology neutral policies: legal and technological. Whilst the legal perspective on technology neutrality is intended to provide legal certainty, it fails to address discontinuous technological developments such as zero–knowledge systems and risk based assessments of identity and attribute claims. These are transforming the basis of identity policies and highlight the challenges of proposing technology neutral identity policies in law. The paper then applies the technological critique of technology neutrality to review a recent study on identity, authentication and signature policy in the EU.
The Postal Acceptance Rule in the Digital Age Image
Journal article

The Postal Acceptance Rule in the Digital Age

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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