Commonwealth Law Review Journal最新文献

{"title":"Absence of Requisite Institutions: The Bane of Child Justice Administration in Kogi State-Nigeria","authors":"Dr Sarinus Ettor Kabo","doi":"10.55662/clrj.2022.801","DOIUrl":"https://doi.org/10.55662/clrj.2022.801","url":null,"abstract":"There is no doubt that there are available numerous laws for the protection, promotion and enforcement of the right of the child in Kogi State, Nigeria as provided under various laws, especially the Child Rights Law (CRL) Kogi State. However, the adequacy or otherwise of the available laws may be a different issue for consideration, this article utilizes the doctrinal method of research, to interrogate the existence and the availability or otherwise of functional institutions and mechanisms put in place by the various laws for the protection of the rights of the child to enhance effective enforcement of child’s rights in Kogi State. This research discovered that although there is an established Kogi State Family Court, it is found that the court has not properly taken off as a full division of the court system in the administration of justice mechanism; there inadequate personnel and physical structures required to be put in place to ensure the day-to-day administration of the court, the existence of Family Court system is yet unpopular in Kogi State. This research equally discovered that the Specialized Children Police Unit of the Nigerian Police Force designed to take up the responsibility of Child Justice Administration whenever the child run-counter to criminal law, is yet to be in operation. Importantly too, the various Correctional Homes provided by the Child Rights Law (CRL) for the rehabilitation, training and education of the child at different levels of the child’s delinquency and negative behaviours provided under the CRL are yet to be established in Kogi State too in order to ensure the enforcement of the rights of the child. This research recommends the immediate establishment of various Correctional Homes and the Specialized Children Police Unit of the Nigerian Police Force provided for by the Child Rights Law (CRL), it is also recommended that the frontiers of the operation of the Family Court should be extended to make its establishment worth while.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127533877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Appropriate Legal Qualification for the Right to Clean Electricity within the Context of Climate Change","authors":"Nkendor Bisong Maurilio","doi":"10.55662/clrj.2023.901","DOIUrl":"https://doi.org/10.55662/clrj.2023.901","url":null,"abstract":"Contemporarily, the right of access to electricity has become very topical with many scholars having diverse views as to the nature and scope of the right. Due to the effects of climate change, the source of electricity generation is currently of prime importance. Clean electricity has topped the pyramid in terms of importance as opposed to fossil fuels. This is further explained looking at the central role clean electricity plays in our collective efforts of attaining the sustainable development goals, especially Goal 7 which makes access to clean and affordable energy one of our collective priorities. However, scholars have often disagreed on the appropriate legal regime to qualify the right of access to clean electricity. Starting with the right to clean electricity as a contractual right, it is argued that a contractual right is a right that is dependent on a specific relationship between human beings. The most important examples are rights you have as part of a community, especially as a citizen. However, this right lack universality since it is owed only to members of a specific community depending on their level of development. Therefore, foreigners who are not members of that society will not be able to benefit from the right. From a human rights perspective, access to clean electricity is viewed as one of the basic rights that are given to every human being for the sole reason of belonging to the homo sapiens family. However, there are some difficulties in contextualizing this right as a human right. The first problem stems on the fact that, if the right to clean electricity is made a human right, states will be forced to do everything possible to make electricity available to their citizens and where they are unable to use clean sources, they may rely on environmentally unfriendly sources like fossil fuels. In conclusion, it was realized that, access to clean electricity perfectly fits as a derived right. This means it is a right dependent on other rights for its survival. For example, it is dependent on the right to a Healthy Environment and the right to Development. Therefore, in my opinion, the right of access to clean electricity is best qualified as a derived right.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129972479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tuning Indian Bio Diversity Laws with Nagoya Protocol: An Analysis","authors":"Dr. Kapil Chaurpagar","doi":"10.55662/clrj.2022.803","DOIUrl":"https://doi.org/10.55662/clrj.2022.803","url":null,"abstract":"The conservation of biological diversity is a serious and common concern. The better management of biological resources and biodiversity is essential for the welfare of human beings. As per the international obligation the Government of India, enacted the Biological Diversity Act, 2002. This Act provides conservation of biological diversity, presently there are many lacunas are present in this Act. But the cumbersome process regarding the permission and application of patent is the most impeding provision. New amendment in Biological Diversity Act 2002 endeavors to tune it with the Nagoya Convention. Secondly to remove the lacunas of the present Act and to create a favorable climate for collaborative research and investment. In new amendment Act it is also aimed to simplify the patent application procedure. In new amendment Act Ayush practitioners have been exempted from the Act’s scope. In new amendment Act seeks to bring more foreign investment in biological resources, research, patent and commercial utilization, without compromising the national interest. The major concern with the amendment bill is that the corporate or foreign interest could use the loopholes of permission given to traditional medicine and use it for commercial purposes, without sharing the benefits with the conservers of biodiversity. It is imperative that new laws not only be regulatory, but also be executed with the involvement of local people, particularly village sabhas and panchayats.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"156 7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128763828","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on Nomenclature Debate on the ‘Use of Force,’ ‘Armed Attack’ and ‘Aggression’ as the Right to Self Defence","authors":"Professor Sunil Deshta, Aastha Agnihotri","doi":"10.55662/clrj.2023.906","DOIUrl":"https://doi.org/10.55662/clrj.2023.906","url":null,"abstract":"International Law on Armed Conflict lays down specific guidelines on the conduct of the States, the parties who are signatories and conform to the international comity. The paper highlights the implications of the preamble of the United Nations Charter, which was introduced by the comity of international players in the Second world war to mitigate any possibility of another war. The state signatories to the charter not only aspired to restore peace but also to bring about standard norms of the conduct of civilized states through this Charter. The present paper discusses the juxtaposition of specific terminologies, which are considered one of the most important provisions of the UN Charter. The paper attempts to study Article 2(4), which prohibits the use of force by the member states. However, the juxtaposition of Article 51 along with Chapter VIII of the Chapter is also discussed, giving regard to the peculiarity of the expression ‘armed attack and ‘aggression’ in light of states’ right to self-defence. The paper throws light upon the negotiating history of these Articles along with other important documents like UN General Assembly Resolution 3314 and the Statute of Rome of the International Criminal Court, which has defined and illustratively underlined the meaning and context of the term ‘aggression.’ The jurisprudential evolution is also brought astute by the pronouncement of the International Court of Justice. The paper deliberates upon the interpretational journey of the text and the context of the provisions of the Charter and other documents and attempts to read between the lines of these terminologies to understand the present-day relevance and meaning of these provisions akin to the ongoing international armed conflicts in the world.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116807387","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Foreign Direct Investment And Small And Medium-Sized Enterprises In The Realms Of Investment Laws In Cameroon : A Strict Appraisal Of The Incentive-Based Approach","authors":"Nkam Cho Elvis","doi":"10.55662/clrj.2022.805","DOIUrl":"https://doi.org/10.55662/clrj.2022.805","url":null,"abstract":"The incessant proliferation of diverse defies plaguing investments in general and foreign direct investments (FDIs) in particular in the world over have led to deteriorating and devastating effects to human kind and the business environment in such a way that if nothing is done to obviate it, it will only lead to egregious anomalies, wanton incongruities and why not the complete obliteration of some investments albeit in the sector of Small and medium-sized enterprises. In the contemporary world today especially the less developed and developing world, Foreign direct investments stand out to be the most common tool of development, but when they are not properly harnessed and managed due to some ills and economic nightmares like embezzlement, corruption, looting of funds and wide spread incompetence, it becomes pedantic and arcane to the very development it so intended. These nightmares and challenges are multi-facetted and spring from different directions to wit; the investor, the investing state and the local population. The issue is worsened when the investor gangs with some few stakeholders of the state as against the state and the entire population leaving us in a state of literal ecstasy to ponder whether or not, it still falls under the very objectives of foreign direct investments. It must be emphasized that, although incentives are generally good measures for the boosting of investments, it does not give any impetus on the parties or stakeholders to the investments to relinquish their efforts given that there can never be a successful investment without challenges, FDIs business inclusive. FDIs are generally enforced by a number regulation and supervisory bodies both in Cameroon and abroad as the investing partner must also ensure that his investments are save. From this stance however, several national laws and international legal instruments as well as national and international institutions aimed at arriving at a solution have been envisaged. But it is rather with regrets that, the so many institutions and legal instruments not leaving out incentives arrived at are not apt enough to curb and curtail the challenges to the effectiveness of FDIs on SMEs in Cameroon. If nothing is done to this present status quo, impending doom awaits Cameroons SMEs. This paper therefore focuses on an in-depth analysis of the incentive-based approach with particular emphasis on the specialized institutions charged with the implementation and the executing of incentives for development in the sector of SMEs. To attain this objective, the secondary method of data collection and the qualitative method of data analysis were employed.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134421635","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Striking The Withdrawal Benefit Off The Social Security Statutes And Its Remedies In Social Security Industry Of Tanzania","authors":"Jackson Masoud Issah","doi":"10.55662/clrj.2022.804","DOIUrl":"https://doi.org/10.55662/clrj.2022.804","url":null,"abstract":"The withdrawal benefit is one of the social security benefits that were payable in the Tanzanian social security scheme before the 2018 amendment. The recent amendment in social security law of the country. It is the benefit peculiar to other common benefits in the world of social security which stood the legal statutes of the country for a quite long period of time in the state history. Despite its black knowledge in international law perspectives, in practical aspect, this benefit served a lot to the employees especially those employed on non-pensionable employment schemes, before its recent removal from the social security laws of Tanzania. This is because, payments of small salaries; un-secured employment tenure and limited chance of securing a new job after a loss of one’s employment; are some of the serious challenges relating to private sector employment to which most of the employees belong in Tanzania. The withdrawal benefit in that special purpose, therefore, remedied the employment uncertainty and contingency in Tanzania before its burn. Despite the reflective value of the withdrawal benefit in the social security legal context of Tanzania, the same benefit has been removed from the laws of the state via the recently enacted law, which is the Public Service Social Security Fund Act, 2018. The academic call that is behind this paper, therefore, is an examination of the social security purpose and functions saved by the withdrawal benefit; its justification in the social security industry and its replacement that has been brought by its complementary legislative initiatives in the Tanzanian social security industry.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130217059","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Option of Participating on Meetings through Video Conferencing and Other Audiovisual Means: Is it Fit for the Purpose?","authors":"Anang Elvis Mua","doi":"10.55662/clrj.2022.806","DOIUrl":"https://doi.org/10.55662/clrj.2022.806","url":null,"abstract":"The OHADA Uniform Act on Commercial Companies has since 2014 made amendments relating to the good governance of public limited companies. These amendments are aimed at improving the functioning of the board of directors, bolster shareholders rights and transparency. To improve transparency and traceability of the board of directors activities, the OHADA legislator has introduced the option for directors and shareholders to participate in board meetings and general meetings through videoconferencing or any telecommunication technology. The OHADA Legislator has been applauded for this innovation especially given the fact that shareholders and directors now have the opportunity to participate in the activities of the company meetings whenever they are met with unforeseen circumstances such as the covid 19 pandemic that made governments to restrict movements and gatherings. Our analyses of this provision of the Uniform Act on Commercial Companies, allowing directors and shareholders to attend meetings through videoconferencing and other telecommunication technologies is fit for the purpose of improving the functioning of the board of directors. However, this innovation has some drawbacks that have curtailed it effectiveness. This does not only stem from the fact that the OHADA Legislator makes it optional for companies but also by the fact that there are frequent power failures and high internet cost in Africa as well as sudden technical faults and distracted attendees.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117343960","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"How Landlocked Countries are Facing Regional Pressure in Economic Development: A Curse to Accessing World Market","authors":"Kalyan Chakroborty","doi":"10.55662/clrj.2022.810","DOIUrl":"https://doi.org/10.55662/clrj.2022.810","url":null,"abstract":"Despite improved means of transportation, land-locked developing countries that have lacked access to the global economy still face systemic problems. By contrast, landlocked countries, many countries lag behind their maritime neighbors in the overall development and with respect to trade with other countries that are at sea. Dependency on transit neighbors in addition to the general geographical distance can explain the poor performance of landlocked countries. There are five possible forms of interdependence examined: dependence on the physical and geographic borders; political interdependence on sound borders; cross-border interdependence on stable relations; administrative dependence on the soundness of neighbors; and dependence on various facets of the neighbors. The conditions in various landlocked countries yield different sets of difficulties and problems.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123389596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Two Peas in a Pod: Constructing Gender Within the Feminist Discourse","authors":"Oriola O. Oyewole","doi":"10.55662/clrj.2022.808","DOIUrl":"https://doi.org/10.55662/clrj.2022.808","url":null,"abstract":"Over the years, the concept of feminism has witnessed an expansion. Set against this background, this paper critically explores feminism in Africa, especially Nigeria. In addition, it examines the distinction between the western perception of feminism and African perspectives on feminism by highlighting the marked differences between the contexts. The paper argues that the progress of feminism in Nigeria is piecemeal because of cultural barriers and strict adherence to native laws and customs. Furthermore, the paper appraises the proliferation of different thoughts on feminism, findings reveal that the concept of feminism has been overstretched beyond its meaning. This study uses a qualitative research method to investigate the development of feminism.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"139 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127479221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Human Rights and Transnational Corporations: A Nexus with Sustainable Development in Cameroon","authors":"Leslie Ewule Lifafe","doi":"10.55662/clrj.2023.902","DOIUrl":"https://doi.org/10.55662/clrj.2023.902","url":null,"abstract":"Globalization has united the world and enhanced the interaction between states, defined all economic, political, social and cultural differences. Today the corporate form is an omnipresent part of modern commercial life and is significant in the economic lives of states. The multinational corporation (or international or transnational corporation) is a business organization whose activities are located in more than two countries and is the organizational form that defines foreign direct investment. This form consists of a country location where the firm is incorporated and of the establishment of branches or subsidiaries in foreign countries. Multinational companies can, obviously, vary in the extent of their multinational activities in terms of the number of countries in which they operate. A large multinational corporation can operate in 100 countries, with hundreds of thousands of employees located outside its home country. When these companies expand, they mostly go for business purposes and forget the notion of protecting human rights which are fundamental for the growth and protection of the population especially in third world countries like Cameroon. It is left on home governments to ensure that these TNCs respect human rights through corporate social responsibility in the process of making profits which can be considered as the main goal of such corporations. There are three main categories of human rights provided in the Universal Declaration on Human Rights which these TNCs and other stakeholders must uphold or guarantee while carrying out their activities namely; first, second and third generation rights. This classification follows the historical development of human rights. The first generation consists of civil and political rights, the second generation rights consist of economic, social and cultural rights, and third category of human rights is closely associated to the rise of third world nationalism also known as solidarity rights. However, developing states like Cameroon find it difficult to regulate these corporations due to corruption, and the fear of political interference from TNCs since most of them are bigger in influence and finance than Cameroon. The respect of Human rights by TNCs will help increase productivity, hard-work and sustainable development because the respect of these rights encourages people to work in comfortable situations, take care of their families with proper pay, send kids to school, and gain access to modern facilities provided by these TNCs like schools, hospitals and good roads. It is however suggested that foreign developed countries and International organizations, should take charge of sanctioning TNCs which violate human rights in developing countries like Cameroon because they are in a better position to do so due to their economic and political power.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129813672","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}