African Law eJournal最新文献

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Effective Board Management and Good Corporate Performance in Nigerian Public Liability Companies 尼日利亚上市公司董事会有效管理与良好公司绩效
African Law eJournal Pub Date : 2020-02-01 DOI: 10.14807/ijmp.v11i1.1013
J. Ugoani
{"title":"Effective Board Management and Good Corporate Performance in Nigerian Public Liability Companies","authors":"J. Ugoani","doi":"10.14807/ijmp.v11i1.1013","DOIUrl":"https://doi.org/10.14807/ijmp.v11i1.1013","url":null,"abstract":"The need for effective board management and good corporate performance lies at the heart of good corporate governance theory because as the agency theory contends the managers’ interest and the interest of shareholders are not almost always the same. Good corporate performance is the basis of the business as reflected through enhanced shareholder value measured by return on investment, return on assets or return on equity. Effective board management necessary for good corporate performance requires significant dose of emotional intelligence competencies such as integrity, transparency and loyalty. Such will ensure that the board of directors exercises internal control through effective monitoring roles aimed at protecting shareholders’ interest as contemplated by the principles of good corporate governance. Ninety seven individuals participated in the study conducted through the exploratory research design. Data were analyzed through descriptive and regression statistical techniques and it was found that effective board management has significant positive correlation with good corporate performance. There is need for more understanding in this area, therefore further study could examine the relationship between corporate fraud and incessant bank failures in Nigeria despite various regulatory interventions. Consequent on the result of this study, it was suggested that the appointment of members of the board of directors of public liability companies in Nigeria must not be done without consideration to relevant experience.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133365472","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}
引用次数: 1
The Politics of Governing Oil After ‘Best-Practice’ Reforms: Can ‘Pockets of Effectiveness’ Survive Within Uganda’s Political Settlement? “最佳实践”改革后的石油治理政治:“效益口袋”能否在乌干达政治解决方案中生存?
African Law eJournal Pub Date : 2019-12-05 DOI: 10.2139/ssrn.3523026
S. Hickey, Angelo Izama
{"title":"The Politics of Governing Oil After ‘Best-Practice’ Reforms: Can ‘Pockets of Effectiveness’ Survive Within Uganda’s Political Settlement?","authors":"S. Hickey, Angelo Izama","doi":"10.2139/ssrn.3523026","DOIUrl":"https://doi.org/10.2139/ssrn.3523026","url":null,"abstract":"Abstract Uganda is frequently lauded for its quality of oil governance, particularly through the political support and autonomy offered to a ‘pocket of bureaucratic effectiveness’ (PoE) within its oil assemblage. Since 2013, Uganda's adoption of the ‘Norway model’ has involved breaking up the old PoE and establishing new regulatory and commercial entities. The interaction of these reforms with Uganda's increasingly factionalised political settlement dynamics has reduced the quality of oil governance in certain respects: the process has hollowed-out the policy department and weakened the coherence of oil governance. However, Uganda's earlier investment in PoE building has enabled it to manage the process better than expected, often through informal practices. We show that Uganda adopted the reforms willingly and has moved to build new regulatory and commercial PoEs that fit with its resource nationalist approach to oil governance. This challenges the notion that best-practice reforms inevitably involve the imposition of neoliberal modes of governmentality that go ‘against the grain’ of domestic political settlements. We reaffirm the critical importance of PoEs to oil sector governance in Africa, and tentatively support the claim that they are more likely to be sustained where power is concentrated and where paradigmatic ideas align with resource nationalism.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130105181","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}
引用次数: 9
Economic Theories of Contract and Contract Law, the Catalysts for Economic Development in Ghana through Pareto Distribution of Resources 契约经济理论与合同法:资源帕累托分配对加纳经济发展的促进作用
African Law eJournal Pub Date : 2019-10-28 DOI: 10.2139/ssrn.3476682
F. Otoo
{"title":"Economic Theories of Contract and Contract Law, the Catalysts for Economic Development in Ghana through Pareto Distribution of Resources","authors":"F. Otoo","doi":"10.2139/ssrn.3476682","DOIUrl":"https://doi.org/10.2139/ssrn.3476682","url":null,"abstract":"Every economy in the world is deserving of proper and adequate management for sustenance of same with the view to promoting the well being of the citizenry. The economy must be managed to the extent that the citizenry will be free to enter into any bargain of their choice to make a living. It is an undisputable fact that contract is the linchpin of the relationship that exists among the people in the business community. The striving economy has, as its movers and shakers, the people who constitute the business community to move it along. The basis of providing congenial working environment is, among other things, for pareto improvement distribution of resources in order to create wealth among the people whilst poverty is reduced. It is against this backdrop that this paper seeks to analyze the economic theories of contract and contract law to unearth their potentialities as the catalysts for the economic development in Ghana. In so doing, the paper looks at the economic functions of contract law, the default rules, standard form contract, damages and penalty clauses from which to make inferences and draw conclusions. <br>","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134058256","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}
引用次数: 0
African Continental Free Trade Area: A Dream or Reality? 非洲大陆自由贸易区:梦想还是现实?
African Law eJournal Pub Date : 2019-10-14 DOI: 10.2139/ssrn.3469430
Michael Marere
{"title":"African Continental Free Trade Area: A Dream or Reality?","authors":"Michael Marere","doi":"10.2139/ssrn.3469430","DOIUrl":"https://doi.org/10.2139/ssrn.3469430","url":null,"abstract":"This paper discusses the challenges and the way forward for the full realisation of the African Continental Free Trade Area. The paper includes a number of issues such as background to the study, statement of the problem, study hypothesis, theoretical framework in which various theories pertinent to the study have been discussed as well as the conceptual framework. At the apex, the paper reveals various challenges that can hinder the African Continental Free Trade Area from being a reality. On the other hand, the paper gives the way forward by suggesting for various measures to be taken for making the African Continental Free Trade Area dream a reality. The paper concludes that, a lot of things need to be considered to make the African Continental Free Trade Area a reality rather than a dream.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114701438","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}
引用次数: 0
The African Slave Trade and Modern Household Finance 非洲奴隶贸易与现代家庭金融
African Law eJournal Pub Date : 2019-09-17 DOI: 10.2139/ssrn.3031310
Ross Levine, Chen Lin, Wensi Xie
{"title":"The African Slave Trade and Modern Household Finance","authors":"Ross Levine, Chen Lin, Wensi Xie","doi":"10.2139/ssrn.3031310","DOIUrl":"https://doi.org/10.2139/ssrn.3031310","url":null,"abstract":"\u0000 We evaluate the impact of the African slave trade between 1400 and 1900 on modern household finance. Exploiting cross-country and cross-ethnic group differences in the intensity with which people were enslaved and exported from Africa, we find that slave exports during the 1400–1900 period are negatively associated with current measures of household (a) access to financial services, (b) access to credit, (c) use of mobile finance and (d) trust in financial institutions, suggesting that the slave trade has had an enduring, deleterious effect on household finance.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126663624","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}
引用次数: 17
Moral Hazard in Insurance: Theory and Evidence from a Credit Reform in Ghana 保险中的道德风险:来自加纳信贷改革的理论与证据
African Law eJournal Pub Date : 2019-09-12 DOI: 10.2139/ssrn.3457946
Francis Annan
{"title":"Moral Hazard in Insurance: Theory and Evidence from a Credit Reform in Ghana","authors":"Francis Annan","doi":"10.2139/ssrn.3457946","DOIUrl":"https://doi.org/10.2139/ssrn.3457946","url":null,"abstract":"Consumers in developing countries often buy insurance on credit. By allowing them to buy more coverage, it may lead to more claims. I evaluate this moral hazard effect by exploiting a regulatory reform in Ghana that outlawed the purchase of auto-insurance on credit. Consumers responded by switching from comprehensive to basic insurance. I show that if this change in contracts leads to a change in the distribution of claims, this implies the existence of moral hazard. Using administrative data on insurance contracts, I provide evidence and bounds on the effects of moral hazard. Results are likely driven by credit constraints.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122874095","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}
引用次数: 2
Sources of Nigerian Tax Law 尼日利亚税法的来源
African Law eJournal Pub Date : 2019-08-30 DOI: 10.2139/ssrn.3746049
Chiedozie Ogbu
{"title":"Sources of Nigerian Tax Law","authors":"Chiedozie Ogbu","doi":"10.2139/ssrn.3746049","DOIUrl":"https://doi.org/10.2139/ssrn.3746049","url":null,"abstract":"Nigerian Tax law, in line with best global practice is purely statutory. Therefore, main domestic sources of tax law are primary legislation, such as acts or laws, and secondary legislation (interpretation of tax laws) such as rulings, decisions, circulars, orders, etc. The main international sources of tax law are bilateral or multilateral treaties, and one important source for the interpretation of treaties is the OECD model tax treaty and the accompanying commentary. Another model is UN model. We shall examine these diverse sources. We have grouped these overlapping sources into the aforementioned distinct heads and seek to examine them in this paper.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122413003","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}
引用次数: 0
Sustaining Secondary School Education Beyond School Fees; Advocacy for Income Generation through Entrepreneurship Development 维持学费以外的中学教育;倡导通过创业发展创收
African Law eJournal Pub Date : 2019-08-19 DOI: 10.2139/ssrn.3439219
J. Mantu
{"title":"Sustaining Secondary School Education Beyond School Fees; Advocacy for Income Generation through Entrepreneurship Development","authors":"J. Mantu","doi":"10.2139/ssrn.3439219","DOIUrl":"https://doi.org/10.2139/ssrn.3439219","url":null,"abstract":"Education remains the fulcrum of societal development as the progress of a nation depends on the quality and level of the educational pursuit of its citizenry. This paper is on sustaining secondary school education beyond school fees. Entrepreneurship Development as an alternative for income generation for secondary school education is advocated. This proposition is in consonance with the National Policy on Education (NPE) in Nigeria that provides for specific goals of secondary education. Though open to private and corporate participation, the educational sector is regulated as such; proprietors have set roles and obligation while running and managing Secondary School. Faith/Church based institution with evangelism as topmost rely on charity of missionaries in sustaining Secondary Schools rather than school fees. This paper advocates for more income generation through entrepreneurship development.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126450874","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}
引用次数: 0
‘The Federal Republic of Nigeria vs. Sowore’: Will a Charge of Treason or Treasonable Felony Stand Against the Mastermind of #RevolutionNow? — A Legal Opinion “尼日利亚联邦共和国vs. sowear”:叛国罪或叛国罪的指控会对#革命现在的策划者起作用吗?-法律意见书
African Law eJournal Pub Date : 2019-08-12 DOI: 10.2139/ssrn.3435970
Gbenga A. Odugbemi
{"title":"‘The Federal Republic of Nigeria vs. Sowore’: Will a Charge of Treason or Treasonable Felony Stand Against the Mastermind of #RevolutionNow? — A Legal Opinion","authors":"Gbenga A. Odugbemi","doi":"10.2139/ssrn.3435970","DOIUrl":"https://doi.org/10.2139/ssrn.3435970","url":null,"abstract":"This article examines the recent arrest of the human right activist — Omoyele Sowore — following his desire to spark a “revolution” in Nigeria starting from August 5, 2019. He started the campaign for the said “revolution” and as a means of creating awareness, via the hashtag #RevolutionNow. Even though what was actually planned by Sowore remains controversial pre- the August 5 protest as to whether he meant a forceful takeover of government — which is what “revolution” ordinarily connotes — or a protest — which is allowed by law. However, what eventually transpired on August 5 was more of a “protest” as contemplated by most Nigerians. Still, the Nigeria government tries to define the intention of the main organizer — Sowore — in the complete sense of the word “revolution” (which he had used) as a forceful takeover of the government, and arrested Sowore days before the protest commencement (on August 2) via its State Security Services. **At the time of writing this article, Sowore is still in custody. As he was remanded by the State Services, arguments and debates ensued amongst Nigerians on whether Sowore could be charged and/or convicted of treason or treasonable felony. This article examines the facts of the incidences involved and answers (from the legal lens) in the negative. The possibility of a terrorism charge is also examined, albeit, briefly, and the chances of a conviction based on it is also unsustainable.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128795948","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}
引用次数: 0
The Emergence of the African Continental Free Trade Area and the State of the Nigerian Power Sector: A Dream or Nightmare for Nigerian Businesses? 非洲大陆自由贸易区的出现和尼日利亚电力行业的现状:尼日利亚企业的梦想还是噩梦?
African Law eJournal Pub Date : 2019-07-29 DOI: 10.2139/ssrn.3428466
Abdulganiyu Mustapha
{"title":"The Emergence of the African Continental Free Trade Area and the State of the Nigerian Power Sector: A Dream or Nightmare for Nigerian Businesses?","authors":"Abdulganiyu Mustapha","doi":"10.2139/ssrn.3428466","DOIUrl":"https://doi.org/10.2139/ssrn.3428466","url":null,"abstract":"Upon the signature of the African Continental Free Trade Zone Area Agreement (AfCFTA) by the Nigerian President, Nigeria became a member of the largest Free Trade Zone in the world, and being the largest economy in Africa, many opportunities lie ahead for the Nigerian economy. However, this paper submits that if the instability in the Nigerian power sector is not addressed forthwith, Nigeria and its indigenous businesses, rather than enjoy the fruits of the AfCFTA, would be relegated in the continental trade polity.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121862738","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}
引用次数: 0
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