Commonwealth Law Review Journal最新文献

{"title":"An Appraisal of Selected Legal Frameworks for the Management of Oil Spillage in Nigeria","authors":"Ufuoma Veronica Awhefeada","doi":"10.55662/clrj.2023.904","DOIUrl":"https://doi.org/10.55662/clrj.2023.904","url":null,"abstract":"The Niger Delta region is one of the major regions in Nigeria where the oil spillage is prevalent. Over the years, several laws have been passed with a view to abating the menace. Despite the existence of these enactments, the problem of oil spillage persists. This paper examines selected legal legislations pertaining to the regulation, control and management of the Nigerian oil industry with a view to identifying inherent gaps for possible amendment and reform. Using the doctrinal method of research, this piece identifies areas in the relevant laws that need to be modified to effectively curb the problem of oil spillage in the Niger Delta region. It is shown that the inability of the relevant laws to abate the problem of oil spillage in Nigeria is a direct consequence of the gaps in the laws which fails take into consideration current realities in terms of imposition of adequate/stiffer penalties for environmental crimes particularly those perpetuated by corporate bodies. To this end, the need to overhaul the relevant laws and bring it up to speed with contemporary challenges is a necessary condition to ensuring that the problem of oil spillage becomes a thing of the past. Among other suggestions therefore, this contribution calls for the amendment of Section 102 of the Petroleum Industry Act to make the provision of an environmental management plan a mandatory requirement for the grant of a license or lease. It is contended also, that the punishment section of the Harmful Waste (Special Criminal Provisions) Act should be more specific with respect to the particular punishment to be meted on violators. The exclusion of the oil and gas sector by Sections 7 and 8 of the National Environmental Standards Regulation Enforcement Agency Act works a great disservice to the overall utility of the Act and should forthwith be amended to cover these critical sectors which are a major contributor to the menace of oil spillage.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"26 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":"121565311","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":"When does ‘Consent’ in Marriage End and the Sexual Act Transgress into Rape: Comment Upon Justice Hari Shankar’s Upholding the Constitutionality of the Marital Rape Exception","authors":"H. Gupta","doi":"10.55662/clrj.2023.905","DOIUrl":"https://doi.org/10.55662/clrj.2023.905","url":null,"abstract":"The marital rape exception under Section 375 has been a topic of debate and discussion ever since its codification in the Indian Penal Code. The recent judgment by a division bench of the Delhi High Court gave a split verdict on whether or not to declare such an exception unconstitutional in light of transformative and progressive development of fundamental rights jurisprudence in the country. This case comment traces the origin of the marital rape exception then goes on to explore Justice C. Hari Shankar’s opinion on upholding the validity of this outrageous exception, while contrasting it with Justice Rajiv Shakdher’s opinion for striking down a legal provision which was in blatant violation of a woman’s fundamental right to dignity protected under the Indian Constitution. The comment delves into judicial precedents, scholarly work by authors, researchers and practicing advocates to substantiate the criticism of one opinion and appreciates the judicial wisdom and insight in the other opinion on the issue of how presumption of consent in marital sexual relations a violation of right to dignity of victim wives. The fact that the law on the present issue is not settled and it merits a decision by a larger bench is not forgotten.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"191 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":"122497116","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":"Sand Dredging Activities in the Extractive Industry in Nigeria: Impact, Regulation and Remedies","authors":"gochukwu Godspower Ehirim, Ufuoma Veronica Awhefeada, Andrew Ejovwo Abuza","doi":"10.55662/clrj.2022.809","DOIUrl":"https://doi.org/10.55662/clrj.2022.809","url":null,"abstract":"Extractive activities have for a long time been visible in many parts of Nigeria. Artisanal sand mining has been carried out along the coast of the River Niger and the creeks of the Niger Delta for a fairly long period of time. However, the introduction of sand dredging machines (suction pumps) in sand mining enterprise has birthed great concerns for the environment and persons whose livelihood depend on such impacted environment. These dredging activities are oftentimes carried out without bureaucratic discipline and in shear disregard of statutory governance. This has continued unabated as the host communities of these dredging activities appear helpless due to a lack of community ownership of land in Nigeria in line with the Land Use Act, 1978 (now Land Use Act Cap L 5 Laws of the Federation of Nigeria [LFN] 2004). Sand dredging cannot be isolated in this discourse but rather situate within the expansive scope of environmental law. The rascality with which sand dredging activities are persistently prosecuted has thrown up grievances by individuals and the public in general which must be contained by the legal system. Can the victims and aggrieved persons find justice? This paper aims to engage access to justice and remedies for victims of sand dredging activities in Nigeria. The settled legal principle of ubi jus ibi remedium is revisited. It evaluates the basic principles which must all co-exist for the courts of justice or other judicial tribunals to validly entertain and determine issues arising from environmental violations. Thus, concepts like cause of action, locus standi, the limitation of action, pre-action notice, judicial review and common law remedies are given critical attention. The writer adopts the doctrinal research methodology and by applicable primary and secondary sources asserts that the common law remedies with the attendant traditional burden of proof in environmental (civil) cases have not adequately answered to the needs of justice in the present milieu, particularly in the area of sand dredging. The paper concludes by suggesting, among other things, the development and recognition of new heads of action at common law to cater for emerging industrial technologies in sand dredging, the codification of environmental obligations of operators in the sector, the adoption of the doctrine of ‘implied warranties’ to make violators much more accountable to the society and the liberalisation of the doctrine of locus standi to guarantee greater access by aggrieved persons to justice.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"6 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":"115446045","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 Case For The Recognition Of The Right Of Spouses Under Customary Law To Maintenance","authors":"B. Umukoro","doi":"10.55662/clrj.2022.807","DOIUrl":"https://doi.org/10.55662/clrj.2022.807","url":null,"abstract":"Customary law marriages in Nigeria are not only recognised as legal unions but also confer on parties a measure of rights and privileges. Unfortunately, these rights and privileges are far less attractive compared to those associated with marriages conducted under the Marriage Act. Prominent among these rights is the right to maintenance. The purpose of this paper is to make a case for the recognition of the right of spouses under customary law to maintenance, especially giving that customary law is dynamic, flexible and must be acceptable to the people. This research reveals that recent behaviours under traditional African customary law tend to favour the extension of the English rule of maintenance to spouses of customary law marriage, especially the wife. Recent judicial pronouncements ascribing important proprietary right to Nigerian women and the general and gradual changes in certain obnoxious and oppressive customary gender-based practices as well as recent local legislation restoring the prestige and status of the woman in Nigeria all tend to support the case that it is high time the right of spouses under customary law to maintenance was recognised.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"18 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":"114623567","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":"Is Kenya’s Coffee Certification Mark Destined To Fail? A Legal Discussion","authors":"Yvonne Wamuca Kimani","doi":"10.55662/clrj.2023.903","DOIUrl":"https://doi.org/10.55662/clrj.2023.903","url":null,"abstract":"Poor coffee prices, constant delays in payment, lack of government support and poor management of cooperatives have been the major challenges that have faced Kenya’s coffee sector for a while. Many Kenyan coffee farmers that had once reaped immense profits from the crop are no longer singing this tune. Although Kenyan coffee is considered among the best in the world, its farmers have been neglected despite it being Kenya’s major export. It was therefore a great feat when on 14th February, 2015 the Coffee Board of Kenya unveiled a certification mark of origin,‘Coffee Kenya So Rich, So Kenyan’, aimed at promoting consumer loyalty in the importing countries all while proving the distinctiveneness of Kenyan coffee in the international market. The move follows the use of intellectual property rights to be able to create a niche market for the possibility of raising profits for the communities that grow the crop especially seeing how European markets have successfully used intellectual property to create such niche markets with their agricultural products. African markets are slowly but surely catching up, especially with the use of geographical indications for Penja pepper, Oku Honey, Rooibos tea amongst others. However, such initiatives do not come without downfalls. This paper examines the legal state of Kenya’s coffee sector from the introduction of the Coffee Kenya certification mark. The aim of this research is to open a legal discussion around the already known problems plaguing the sector namely, the lack of transparency of the supply chain, failing cooperatives and the exclusion of smallholder farmers. It seeks to raise questions of whether the certification mark was a step too soon and whether these issues have been addressed since the introduction of the mark.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"93 31","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132846276","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 MALAYSIAN CARRIAGE OF GOODS BY SEA (AMENDMENT) ACT 2020 (COGSA) – EFFECTS ON CARRIER LIABILITY","authors":"Prem Kaur Bahal Singh","doi":"10.55662/clrj.2022.802","DOIUrl":"https://doi.org/10.55662/clrj.2022.802","url":null,"abstract":"When it comes to the law of carriage of goods by sea, Malaysia has been a signatory to the international regime of the Hague Rules (1924). Effective 15 th July 2021, The Carriage of Goods by Sea (Amendment) Act 2020 and the Carriage of Goods by Sea (Amendment of First Schedule) Order 2021 amended the law in this area. The effect of these amendments is that the modified version of the Hague Visby Rules as amended by the 1979 Protocol will be given the force of law in Malaysia. This paper will discuss the effects of the Hague Visby Rules in connection to the new Malaysian COGSA and compare it with the previous regime of the Hague Rules. Essentially it includes new changes made in the Hague Visby Rules. It is to be noted that this paper will only discuss carriage of goods by sea in West Malaysia. This amendment does not apply within or outside the states in East Malaysia, namely Sabah and Sarawak as the Hague Rules remain in force there due to the constitutional arrangement and the separate legislation on carriage of goods by sea governing these two states.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"25 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":"133328360","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":"Effective Data Protection in Nigeria: Challenges","authors":"Patrick Chukwunonso Aloamaka","doi":"10.55662/clrj.2022.811","DOIUrl":"https://doi.org/10.55662/clrj.2022.811","url":null,"abstract":"The importance of protecting data and privacy cannot be overemphasized in this day of technological and digital breakthroughs. Nigeria, a developing nation, is prone to suffering from the shortcomings of conventional methods of data protection as well as from the cost of insufficient legislation to secure the data or the privacy of the data users. This has brought up a number of issues, including the applicability and responsiveness of current laws and how it tends to handle or manage violations. It is imperative to address these issues and challenges faced by data and privacy protection in Nigeria, given the complexity of the emerging data technology and the privacy challenges posed by the use and retention of data. The paper identified the lack of a comprehensive data protection legislation as well as their non-enforcement as the main barrier to effective data protection in the country. In order to solve some of the issues affecting effective data privacy in Nigeria, this paper proffers cogent and practical recommendations.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"11 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":"133486736","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":"Should Utilitarianism Universalize Environmental Rights, Right to Good Governance and Peace over Fundamental Human Rights? Analyzing the Nigerian Conundrum","authors":"Edward Ohwofasa Okumagba, Kenneth Ovwighose Odhe","doi":"10.55662/clrj.2022.812","DOIUrl":"https://doi.org/10.55662/clrj.2022.812","url":null,"abstract":"The paper x-rays the role of the natural law school of thought in the emergence of the utilitarian school of thought and how it has led to the decline of the natural law school. Key to this is the goal of the utilitarian school proponents arguing for the rights of citizens of a state to a healthy environment. While this right have captured by majority of nations, Nigerian Constitution has continued to shy away from giving effect it. This paper seeks amongst others to examine whether the tenets of utilitarianism which guarantees environmental rights, good governance and peace over fundamental rights. In achieving the aim of this paper, the doctrinal research method is adopted. It contextualizes relevant source materials and scholarly literature to reveal that the right to healthy environment, a key tenet of utilitarianism is nonexistent under Nigerian Law. In addition, the provisions of fundamental human rights under Nigerian law do not have any impact on the right to a healthy environment. The paper therefore recommend that Chapter II of the Nigerian Constitution be amended to make the items listed under it, such as the right to protect the environment and the right to a healthy environment be justiciable against the Nigerian Government with a view to bridging the gap between the rights to a healthy environment, good governance, peace and fundamental human rights.","PeriodicalId":119192,"journal":{"name":"Commonwealth Law Review Journal","volume":"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":"129259766","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}