African Law eJournal最新文献_第4页

Political Settlement and the Politics of Legitimation in Countries Undergoing Democratisation: Insights From Tanzania 民主化国家的政治解决与合法性政治:来自坦桑尼亚的见解

African Law eJournal Pub Date : 2019-07-22 DOI: 10.2139/ssrn.3437770

Rasmus Pedersen, Thabit Jacob

{"title":"Political Settlement and the Politics of Legitimation in Countries Undergoing Democratisation: Insights From Tanzania","authors":"Rasmus Pedersen, Thabit Jacob","doi":"10.2139/ssrn.3437770","DOIUrl":"https://doi.org/10.2139/ssrn.3437770","url":null,"abstract":"In recent decades, reforms have been introduced in developing countries to promote economic transformation, democracy and the rule of law, but their implementation has often been undermined by structural factors. This is a key insight of the political settlement analysis which has unpacked the sorts of intra-elite relations instrumental in choosing policies and their modes of implementation. However, this analysis is less clear regarding the role of elections and popular legitimacy. This paper aims to explain contemporary forms of power and legitimacy in greater detail. Using Tanzania as a critical case study, we demonstrate that, in the context of democratisation, the country’s political elites are increasingly attempting to earn popular legitimacy. Earlier attempts to earn popular legitimacy through the expansion of social services to the rural majority were radicalised when a new president came to power in 2015. He campaigned on a platform of reversing years of domination by business and political elites. He later crafted a series of nationalist narratives and attacks on private investors to bolster his legitimacy in the eyes of the wider population. This implies a more prominent role for populations in developing countries than is often acknowledged. We also suggest that, in the context of democratisation, analyses of legitimacy should include two more dimensions: first, a political elite’s relationship with its political opponents; and, secondly, international recognition. We therefore argue that legitimacy should be analysed as a source of power in its own right, in line with force and rents.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130668987","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: 8

Hundred Years of Servitude. From Kipande to Huduma Namba in Kenya 百年奴役。从肯尼亚的基潘德到Huduma Namba

African Law eJournal Pub Date : 2019-06-01 DOI: 10.2139/ssrn.3543457

J. van der Straaten

引用次数: 0

Proliferation of Small Arms & Light Weapons (SALWs) and Ethno-Religious Conflicts in Kaduna State, Nigeria (2012 to 2018) 尼日利亚卡杜纳州小武器和轻武器扩散与种族-宗教冲突(2012 - 2018)

African Law eJournal Pub Date : 2019-05-24 DOI: 10.2139/ssrn.3492565

Mohammed Rabiu Suleiman, Michael Ifeanyichukwu Abada Ph.D.

{"title":"Proliferation of Small Arms & Light Weapons (SALWs) and Ethno-Religious Conflicts in Kaduna State, Nigeria (2012 to 2018)","authors":"Mohammed Rabiu Suleiman, Michael Ifeanyichukwu Abada Ph.D.","doi":"10.2139/ssrn.3492565","DOIUrl":"https://doi.org/10.2139/ssrn.3492565","url":null,"abstract":"Hardly a year passes without a media report of deadly ethnoreligious conflicts in various parts of Nigeria which results in the wanton destruction of lives and property of the citizens. In the mainstream discourse, the use of small arms and light weapons (SALWs) has been variously attributed, as the trigger for the recurring ethno religious conflicts. However, this paper attempts to unravel, using evidence from primary and secondary sources, which builds upon the fragile-state theoretical framework of analysis, the phenomenal recurring incidences of ethno religious conflicts in Nigeria, with particular emphasis on Kaduna state where the phenomenon was most endemic, from 2012 to 2018. The study adopted a time-series survey research design. A multi-stage purposeful sampling technique was adopted in selecting three hundred and thirty-seven (337) respondents from the three local government areas in the study area. The data obtained were statistically analyzed using Analysis of Variance (ANOVA). Though our research question was: ‘did the proliferation of small arms and light weapons (SALWs) precipitates the recurring ethnoreligious conflicts in Kaduna state during the period 2012 to 2019?’; the findings, however, reveal that a multicollinearity of factors, notably, high-level of illiteracy, endemic poverty, unemployment, inequality and widespread drug-abuse among the youths, concomitantly explains the behavior of our dependent variable, i.e., the recurring ethno-religious conflicts in Kaduna state during the period 2012 to 2018. To mitigate and possibly annihilate this ever-recurring social anathema in Nigeria, the Nigerian government, should, as a matter of urgency, address the multifaced vices of poverty, unemployment, social and economic inequality as well as endemic illiteracy bedeviling the society in Nigeria in general, but particularly in Kaduna state.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131293630","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

Bribery and Corruption in Africa: Nigeria As a Case Study 非洲的贿赂与腐败:以尼日利亚为例

African Law eJournal Pub Date : 2019-05-21 DOI: 10.2139/ssrn.3391672

Ezeifekwuaba Tochukwu Benedict

{"title":"Bribery and Corruption in Africa: Nigeria As a Case Study","authors":"Ezeifekwuaba Tochukwu Benedict","doi":"10.2139/ssrn.3391672","DOIUrl":"https://doi.org/10.2139/ssrn.3391672","url":null,"abstract":"Despite the durable decades of Independence, Nigeria is still facing the challenge of Bribery and Corruption. The Leadership in Nigeria has been attributed by political bickering, mismanagement, lack of vision and the worst of all is that all the leaders have been gripped by severe corruption, which has become a serious and potential threat to the survival of the country (Kuffour, 2009). Corruption is a serious challenge in the public administration of Nigeria. That competition has deeply eaten into all the sector of the Nigerian Society is to affirm the obvious. This can be attested from the exposures of various probe panels that have established or launched at various times by various regimes in the Nation. Actually, Corruption is at the core of the crisis in issues such as legitimacy and governance, rule of law, the application of sustainable democratic order, and the welfare of the citizens and National development. Corruption is the main evaluation of the glaring insolvable challenges of diseases, poverty, hunger including the general severe development challenges in the country (Of India, 2009). Corruption has severally affected the growth and the proper utilization of resources in the Nation. With the huge wealth from oil resources; political, social and economic strength, the country is referred to as the Giant of Africa. However; it was discovered that 25 years of corrupt and brutal military rule, which left a legacy and various mark of political corruption in the hands of the country’s influential political elites, who are sitting on top severe patronage networks the country was subdued to a non giant status. The Educated and the Influential primarily views the governance through the lens of their private survival and enrichment rather than National Development. The Centralized economic and political structures in the country tend to make those who regulate and handle Major state posts stupendously wealthy, while 75% of Nigerians fall into extreme poverty (Sklar et al, 2006) ","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125177811","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

Inter-Governmental Conflict Relation in The Nigerian Fourth Republic 尼日利亚第四共和国的政府间冲突关系

African Law eJournal Pub Date : 2019-04-08 DOI: 10.2139/ssrn.3413668

Ike Omolara Fayom-Awodele, K. Lamidi, Olaleke Micheal Alao

引用次数: 0

Emerging Technological Innovations in the Legal Profession and Its Impact on the Regulation of Market Competition: Kenyan Perspective 法律行业的新兴技术创新及其对市场竞争监管的影响:肯尼亚视角

African Law eJournal Pub Date : 2019-03-19 DOI: 10.2139/ssrn.3355861

Vellah Kedogo Kigwiru

{"title":"Emerging Technological Innovations in the Legal Profession and Its Impact on the Regulation of Market Competition: Kenyan Perspective","authors":"Vellah Kedogo Kigwiru","doi":"10.2139/ssrn.3355861","DOIUrl":"https://doi.org/10.2139/ssrn.3355861","url":null,"abstract":"Innovative technologies trigger changes that threaten current markets, social as well as political orders; and the once conservative and exclusive legal market is no longer immune. The increasingly informed tech-savvy client base, the unbundling of legal services, online service delivery, and the application of new technologies in the legal profession such as big data, artificial intelligence, blockchain and automation of legal services continues to disrupt the legal profession in profound ways. For a long time, the legal profession has enjoyed exclusivity in the provision of legal services through state and self-regulation. The entrance of legal technological innovations bring with them competition that is affecting the way the legal market operates. In response and in a bid to maintain the market share and revenues, lawyers have continued to resist the impact of technological innovations. For instance, in 2018 the Kenyan government sought to digitize the land registry. The Law Society of Kenya (LSK) in suing the Ministry of Land against automation of land registry argued that lawyers were the only ones mandated to execute conveyancing process in accordance with Section 34 of the Advocates Act. Further, as a regulatory body, there were no regulations in place on how e-conveyancing was to be conducted. This reaction by the LSK brings fourth key legal regulatory issues that this paper seeks to discuss: the current legal technological innovations in the legal sector, the opportunities and the challenges they present; regulatory concerns such as regulation of unlicensed legal services providers, price regulation and professional competence. Second, the interaction of legal services innovation with professional regulations, the implications of the current legal profession on market competition and the role of competition authorities in enforcing competition in the legal market. Finally, it will review the legal and competition regulatory framework in the wake of emerging disruptive technologies in a bid to provide reforms.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130510240","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

(Economic) Development and the Rule of Law (经济)发展与法治

African Law eJournal Pub Date : 2019-01-10 DOI: 10.1017/9781108600569.022

S. Chalmers, Sundhya Pahuja

{"title":"(Economic) Development and the Rule of Law","authors":"S. Chalmers, Sundhya Pahuja","doi":"10.1017/9781108600569.022","DOIUrl":"https://doi.org/10.1017/9781108600569.022","url":null,"abstract":"Since the end of the 1980s, a multi-billion dollar development industry has become centrally concerned with ‘the rule of law’ as instrument, end, and indicator of ‘development’. Yet, while the term ‘rule of law’ may be a relative newcomer to the development project, this most recent form of developmental intervention continues in striking ways the nineteenth and early twentieth century attempts to reshape the non-European world. In those earlier interventions, the ‘gift’ of law was integral to the civilising mission, promising both a ‘universal’ mode of being in the world and a guide for realising it. Thus it was imagined by some that (European) law could spearhead efforts to turn the new world to account, by providing the technology by which its lands and peoples could become the property and propertied transactors of an emerging global economy. Law was imagined too as a pedagogy for constituting ‘modern’ legal subjects, and as an institutional system for regulating and enforcing the new economic norms. In this chapter we use the example of Liberia to illustrate the work that the ‘rule of law’ does today in the context of developmental and state-making interventions, as well as to draw out some of the continuities with earlier forms of intervention. We have chosen Liberia because of its extraordinary and yet all-too-ordinary experience of development throughout its colonial and post-colonial periods. In describing Liberia’s experience as at once extraordinary and ordinary, singular and exemplary, we aim to show how the putative universality of ‘the rule of law’ in the development project is both economically inflected and Occidentally derived, and to highlight the violence of developmental interventions carried out in its name.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123698257","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

미국 아프리카성장기회법(Agoa)의 교역 효과와 정책적 시사점 (The Trade Effects of the African Growth and Opportunity Act of the U.S. And its Implications) 美国非洲发展机会法(Agoa)的贸易效果和政策启示(The Trade Effects of African Growth and Opportunity Act of The u.s. and its Implications)

African Law eJournal Pub Date : 2018-12-31 DOI: 10.2139/ssrn.3422668

Jae-wook Jung, Yejin Kim

引用次数: 0

Assignment of Contractual Rights: A Critical Appraisal of The AMCON Model for Securitization of Debts in the Banking Industry in Nigeria 契约权利的转让:对尼日利亚银行业债务证券化的AMCON模式的批判性评价

African Law eJournal Pub Date : 2018-10-12 DOI: 10.2139/ssrn.3866390

O. Adeosun

{"title":"Assignment of Contractual Rights: A Critical Appraisal of The AMCON Model for Securitization of Debts in the Banking Industry in Nigeria","authors":"O. Adeosun","doi":"10.2139/ssrn.3866390","DOIUrl":"https://doi.org/10.2139/ssrn.3866390","url":null,"abstract":"In recent years, securitization has become a viable means of capital creation. By using the securities markets to fund portions of the loan portfolio, banks can allocate capital more efficiently, access diverse and cost-effective funding sources and proper management of risks exposure by passing them on to investors and third party. As part of efforts to promote financial stability and economic development; enhance quality of banks, and to enable a healthy financial sector evolution, the Central Bank of Nigeria (CBN) and Ministry of Finance, birthed the Asset Management Corporation of Nigeria (AMCON) in 2010. AMCON was modeled on asset securitization/Special Purpose Vehicles (SPV) models which have been used in other jurisdictions like Malaysia, Ireland and the United States. Because Asset Securitization itself is a form of assignment of contractual rights, it is subject to and is governed by rules of assignment. But assignments as originated at common law are no longer the same; assignments now, are governed by statutes in most states. The statutes may be mandatory; replacing common law assignments entirely; or permissive, allowing common law assignments to continue; some jurisdictions going as far as specifying applicable procedures in detail. This project work critique the conceptual and legal framework of AMCON and its operations so far, against the backdrop of existing models of asset securitizations in other jurisdictions particularly, the US TARP United States. It contends that the main reason why AMCON has not met its stated objectives is the absence of a viable legal framework for asset securitization both in the form of an interventionist SPV model like AMCON, and in the form of Private Participation in asset management. The project concludes by recommending the appropriate approach to resolution of non-performing loans in the banking sector in particular and assignment of debts and contractual rights in general, in line with global best practices in financial asset securitization and management.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129356808","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

Competing by the Rules is a Fair Game 按规则竞争是公平的比赛

African Law eJournal Pub Date : 2018-08-31 DOI: 10.2139/ssrn.3242006

J. Gichuhi

引用次数: 0