African Law eJournal最新文献

{"title":"Disability is Not the Inability to Work","authors":"J. Gichuhi","doi":"10.2139/ssrn.3235416","DOIUrl":"https://doi.org/10.2139/ssrn.3235416","url":null,"abstract":"Overview of right to work vis-a-vis disability law in Kenya. The paper focuses on judicial approach to this right.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122575180","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":"Politics of Exceptionalism and the Escalation of Terrorism in Nigeria; the Case Study of Boko Haram and Niger Delta Militants","authors":"Abubakar Umar KofarNaisa","doi":"10.2139/ssrn.3849530","DOIUrl":"https://doi.org/10.2139/ssrn.3849530","url":null,"abstract":"Nigeria had been a center for attraction appearing on the news headlines in recent years with the recent activities of the deadly and notorious regional sects of terrorist organizations, the Boko Haram and the Nigeria Delta militants, due to their terrorist’s attacks on both government and civilians. The rise of these deadly terrorist groups such as Boko Haram and Niger Delta militants in Nigeria had been widely linked to the poor political and security condition amongst many problems of Nigeria that has persisted over the years. With the increase in number of improved and modern weapons, suicide bombings and well-organized systems, Boko Haram and Niger Delta militants challenge to the Nigerian government now also spread throughout the country, not just as a regional warfare, but thus affects the economic, social and political development of the most populous country in the African continent, that is Nigeria. Relevant and related literature were reviewed using conceptual, thematic and theoretical approaches. Public policy and Neo-realist theoretical frameworks were adopted to explain the phenomenon. Data in this thesis was generated from informants or eyewitnesses and first-hand direct contacts knowledgeable about the research topic and strengthened with secondary data from Library materials, newspapers, journals and articles. The thesis further revealed that Government strategies failed because Government did not address socio-economic factors that created the veritable ground for terrorism, such as unemployment, poverty, corruption and poor economy. This thesis research recommends that Government should focus on good governance, job creation and employment opportunities, poverty alleviation, welfare and provision of modern equipment for the military and other security Agents, as well as effective border patrol all for the purpose of sustaining its sovereignty II and an effective counter-terrorism measure. The study will recommend or call for a total overhauling of the Nigerian political, economic, social and economic structure and even the political economy of the country, as well as the implementation of a sound youth empowerment programs and forward-looking social, political and economic policies, the implementation of the aforementioned, will greatly help in bringing down the drastic rise of insecurity in the country and curb out the issue of exceptionalism which gave rise to terrorism in most parts of the country.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125401704","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":"Discrimination in Workplace: Madagascar and China","authors":"Andriamirado Rakoto","doi":"10.2139/ssrn.3167171","DOIUrl":"https://doi.org/10.2139/ssrn.3167171","url":null,"abstract":"The principle of equality is an essential principle in law, especially in human rights. It is regarded as a general principle of law and has a universal value. This paper pointed out challenges faced by Madagascar and China, regarding the issue of discrimination in the workplace. It is also an analysis of the existing labor legal framework in both countries.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"31 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132483391","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":"Inimical Trade Practices Prohibited By The Federal Competition & Consumer Protection Bill 2016 No. SB257","authors":"Omolade Opanuga","doi":"10.2139/ssrn.3655763","DOIUrl":"https://doi.org/10.2139/ssrn.3655763","url":null,"abstract":"The passing of the Federal Competition & Consumer Protection (hereinafter referred to as ‘’FCCP’’) Bill 2016 No. SB257 by the Nigerian Senate is a clear indication of the intention of the Nigerian Government to finally birth a nation-wide competition regime in Nigeria. This step follows years of agitation by several individuals (including scholars) and organisations. At the heart of the FCCP Bill is the protection of competition and consumers. It seeks, amongst others, to prohibit and criminalize certain trade practices which are generally termed ‘anti-competitive behaviors’. Although the FCCP Bill has two broad parts with the first part focusing on competition law regime in Nigeria and the second part focusing on consumer rights, this article is focused on the first part of the FCCP Bill which deals with the competition law regime it seeks to establish in Nigeria. This article will highlight specific trade practices prohibited under the competition law regime some of which are presently being adopted or practiced by companies and organisations in Nigeria in their drive to increase sales/turnover, increase market share and satisfy shareholders and investors. It is projected that this article will generate attention enough to incite discussions in Board Meetings, Executive Meetings, Functional/Departmental Meetings as well as Association Meetings in anticipation of the Bill becoming an Act of the Nigerian National Assembly.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127886113","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":"Challenges to Judicial Enforcement of Socioeconomic Rights in Africa: Comparative Lessons from Ghana and South Africa","authors":"Christopher Nyinevi","doi":"10.2139/ssrn.3153515","DOIUrl":"https://doi.org/10.2139/ssrn.3153515","url":null,"abstract":"It has become increasingly fashionable for many countries especially those in the developing world to include extensive Bills of Rights in their constitutions. The inclusion of socio-economic rights in such Bills of Rights has also been on the increase. While the developing world, particularly emerging democracies in Africa, have been keen on paying special attention to socio-economic rights in their legal systems, the opposite is what generally pertains in the developed world, at least in the United States and under the Strasbourg human rights regime in Europe. The beautifully crafted rights promise economic prosperity and social wellbeing. Courts are granted wide mandates to enforce them. But after several years of constitutional democracy, the majority of the populations in countries with such Bills of Rights are still poor and disillusioned. Disenchanted and frustrated, the masses lash out at the Courts. But, are the Courts really to blame? This chapter examines the above question and argues that the idea of enforcing socio-economic rights through the judicial process is misconceived as courts are ill-suited for the task. That judicial enforcement should at best be a complementary approach to be employed under the most compelling circumstances to aid a political mechanism of enforcement. To illustrate and buttress this point, the chapter reviews the seminal cases on socio-economic rights from Ghana and South Africa. It concludes that a modified form of the monitoring system used at the international level in the implementation of human rights treaties should be adopted at the national level.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122397668","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 Broadband Speed a Barrier to Internet Use in Rural Communities? An Assessment of Mobile Infrastructure and Internet Use Habits in Urban and Rural Nigeria","authors":"Erezi Ogbo, T. Brown, D. Sicker","doi":"10.2139/ssrn.3142323","DOIUrl":"https://doi.org/10.2139/ssrn.3142323","url":null,"abstract":"Developing countries are faced with a unique challenge in addressing digital inequality. Although expanding access and coverage remains a priority, the rapid advancements in technology continuously creates a gap to be filled in areas with coverage. Addressing this challenge requires an understanding of the relationship between infrastructure, adoption, and use of the Internet. Using two datasets; July 2017 billing records of 260,000 customers retrieved from a major mobile carrier in Nigeria, and survey data collected from 200 respondents in Nigeria in January 2018, this paper investigates how the relationship between Internet use and demographic/industry factors vary across urban and rural users in Nigeria. The results show that users with high-speed Internet consume significantly higher data, irrespective of their location. Older users were found to consume more data and are likely to spend more time online. Location and gender were found to impact the activities and the frequencies of the activities carried out online.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127627812","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":"Subnational Value Added Tax in Ethiopia and Implications for States’ Fiscal Capacity","authors":"Wollela Abehodie Yesegat, R. Krever","doi":"10.2139/SSRN.3149433","DOIUrl":"https://doi.org/10.2139/SSRN.3149433","url":null,"abstract":"Fiscal federalism comprises the distribution of functions and tax revenue sources between central and regional governments. Fiscal federalism issues in respect of value added tax (VAT) do not arise in unitary states; in federal states questions arise as to which level of government should levy the tax, and how revenue should be divided between central and regional governments. While a single VAT levied by a federal government with some, or in one case all, of the revenue being distributed to regional governments is common, in practice there are many variations. China levies a single national VAT, but distributes half the tax to provinces on the basis of the location from which supplies are made. Member states of the European Union (EU) levy separate VATs, subject to conformity with an EU law, the VAT Directive, and revenue is redistributed through a combination of VAT rules and a central clearing house on the basis of place of consumption. Most Canadian provinces impose a surcharge on federal VAT, which is collected by the federal government on behalf of the provinces – except in the province of Quebec, where the provincial government collects Quebec Sales Tax and federal Goods and Services Tax (as VAT is called in Canada), and passes the federal portion on to the central government. The revenue attributable to provincial surcharges is distributed to provincial governments on the basis of place of consumption, and the federal government portion flows to the federal governments consolidated revenue. The bifurcated Ethiopian VAT may be unique, with VAT administration and revenue being assigned on the basis of the legal status of businesses.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"360 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131966621","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":"Cyber Court and its Practicability Under the Nigeria Legal System","authors":"Basit Busari","doi":"10.2139/ssrn.3138538","DOIUrl":"https://doi.org/10.2139/ssrn.3138538","url":null,"abstract":"The paper looked at cyber court and its practicability under the Nigeria legal system. The paper explained the internet and how it has turned the whole world into a global village. The term cyber court was extensively discussed with its merit and demerits. Some of the equipments necessary for the practicability of cyber court were enumerated and discussed. There were explanations on the practicability of cyber court in Nigeria. Recommendations were also made as to how effective cyber court could be practiced in Nigeria.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115428132","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":"An Appraisal of the Recovery of Lawyers Professional Fees in Nigeria","authors":"Edieya Davidson","doi":"10.2139/ssrn.3130251","DOIUrl":"https://doi.org/10.2139/ssrn.3130251","url":null,"abstract":"This paper examines the statutory procedure a legal practitioner should take in order to recover his professional fees from a recalcitrant client vis a vis decided cases on the subject matter. The paper argued in detail that it is often logical to make legal practitioners conform with the laid down procedures for recovery of professional fees as against self-help and other procedures unknown to law.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"144 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123577363","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":"Preventing Tax Treaty Abuse – a Toolbox with Preventive Measures for Ghana, South Africa, and Nigeria","authors":"Sathi Meyer-Nandi","doi":"10.2139/ssrn.3161714","DOIUrl":"https://doi.org/10.2139/ssrn.3161714","url":null,"abstract":"Traditionally, an extensive double tax treaty (DTT) network was considered to be an important tool for a developing country to attract foreign direct investment (FDI) and a signal for its willingness to impose taxes on foreign investors according to international accepted taxation norms. A broad network of DTTs was perceived as a sincere manifestation of a country’s desire for economic development, greater integration into the global economy, and a confirmation to provide a predictable legal framework. However, recently, evidence appeared that signing DTTs does not necessarily result in greater FDI and may even increase revenue losses, which is particularly detrimental to developing countries. The topic of abusive use of tax treaties and the negative repercussions on the tax base of developing countries has received extensive attention from international organizations, policymakers, and non-governmental organizations (NGOs). For instance, the IMF started to advice developing countries to “sign tax treaties with considerable caution” as a treaty with one country can effectively constitute a treaty with the rest of the world. Also, the OECD has developed guidance in its work on tax treaty abuse devoted to “make it easier for countries to justify their decision not to enter into tax treaties with certain low or no-tax jurisdictions” or to decide on whether to modify (or, ultimately, terminate) a treaty that was previously concluded. Against this background, the aim of this paper is to develop a policy against tax treaty abuse for Ghana, Nigeria, and South Africa (hereafter together referred to as “the Focus Countries”). This will be accomplished through first examining different possible anti-avoidance mechanisms and then reviewing the applicable framework of the Focus Countries in order to identify opportunities for improvement. All three Focus Countries have a treaty network established, however, with different global coverage. Accordingly, all of the Focus Countries have already a practice in place for negotiating tax treaties with other developing and developed countries and Ghana and Nigeria may even be eager to expand their existing but, thus far, still limited tax treaty network. Accordingly, the paper analyses different anti-avoidance mechanisms together with the applicable country practice to ultimately provide recommendations on policy improvement. The anti-avoidance mechanisms covered include (a) tax treaty policy for entering into a DTT or reviewing existing ones; (b) withholding taxes as a simple anti-tax-avoidance mechanism; (c) termination of a tax treaty; (d) tax treaty override; (e) beneficial ownership provisions; (f) BEPS recommendations on preventing treaty abuse; and, (g) a SAAR on indirect transfers of a property rich company.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127660890","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}