Contractual liability of state-owned enterprises in international business transactions: a South African legal perspective
| dc.contributor.author | Danha, Mutsa Dadiso | |
| dc.date.accessioned | 2025-01-17T12:37:29Z | |
| dc.date.available | 2025-01-17T12:37:29Z | |
| dc.date.issued | 2024 | |
| dc.description | A research report Submitted in partial fulfillment of the requirements for the degree of Master of Laws by Coursework and Research Report at the University of the Witwatersrand, Johannesburg 2024 | |
| dc.description.abstract | This research report examines the legal regime that governs South African state-owned enterprises (SOEs) as they participate in transnational commercial transactions (transactions involving multinational corporations foreign to South Africa). It primarily seeks to lay out the optimal path through which South African law would allow for the State to be held contractually liable for the SOE's failure to perform its international contractual obligations. Following this will be a comparative analysis between the principles of South African law and those of International Business Transactions Law regarding the same. The South African legal framework that this paper examines comprises of the South African Company Law regime, the South African law of contract, and the South African administrative law regime. The legal framework to which this will be compared is International Business Transactions Law, which does not have such clearly delineated subcategories. Issues which fall outside of the scope of this paper are the appropriate forum of the matter, the choice of law which applies to the contract, public international trade law, and the regulations of the World Trade Organization | |
| dc.description.submitter | MM2025 | |
| dc.faculty | Faculty of Commerce, Law and Management | |
| dc.identifier.citation | Danha, Mutsa Dadiso. (2024). Contractual liability of state-owned enterprises in international business transactions: a South African legal perspective [Master’s dissertation, University of the Witwatersrand, Johannesburg]. WireDSpace.https://hdl.handle.net/10539/43535 | |
| dc.identifier.uri | https://hdl.handle.net/10539/43535 | |
| dc.language.iso | en | |
| dc.publisher | University of the Witwatersrand, Johannesburg | |
| dc.rights | 2024 University of the Witwatersrand, Johannesburg. All rights reserved. The copyright in this work vests in the University of the Witwatersrand, Johannesburg. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of University of the Witwatersrand, Johannesburg. | |
| dc.school | School of Law | |
| dc.subject | State-owned enterprises | |
| dc.subject | Conflict of laws | |
| dc.subject | Transnational commercial transactions | |
| dc.subject | Private international law | |
| dc.subject | Piercing the corporate veil | |
| dc.subject | Contractual liability | |
| dc.subject | UCTD | |
| dc.subject.other | SDG-8: Decent work and economic growth | |
| dc.title | Contractual liability of state-owned enterprises in international business transactions: a South African legal perspective | |
| dc.type | Dissertation |