African Law eJournal最新文献

{"title":"Environmental Change, Sanitation and Bubonic Plague in Lagos, 1924-31","authors":"O. Faleye","doi":"10.22459/IREH.03.02.2017.05","DOIUrl":"https://doi.org/10.22459/IREH.03.02.2017.05","url":null,"abstract":"The literature on the plague in Lagos focuses primarily on the impact of the epidemic on urban planning and social inequality. While the need for town planning was conceived during the outbreak, the implementation of major urban planning schemes in the port city was delayed till the post-plague years due to the global economic depression.Thus, the existing studies are restricted to the aftermath of the epidemic. In advancing this discourse, this paper examines the place of environmental change and sanitation in plague outbreak and control between 1924 and 1931. The approach is historical, based on the critical analysis of colonial administrative, meteorological, sanitary and medical records, as well as newspaper reports. This paper concludes that, while the scourge was combated through transborder epidemic surveillance, quarantine and medical interventions, sanitary measures were directly responsible for its termination in 1931. This brings to the fore the place of nature and culture in managing emerging infectious diseases such as Ebola in West Africa.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123565340","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":"Taxation as a Catalyst for Sustainable National Development: Whither Nigeria","authors":"A. M. Ekanem","doi":"10.2139/ssrn.3041586","DOIUrl":"https://doi.org/10.2139/ssrn.3041586","url":null,"abstract":"This paper appraised the concept of National Development and the newer concerns of its Sustainability. The paper thereupon considered Taxation as a major instrument towards attaining Sustainable National Development and concluded that taxation is in fact a catalyst for Sustainable National Development. True as this is, the paper submits that same as a pistol is a dependable war piece only in the arsenal of a skilled sniper, the gains of taxation in the drive towards sustainable National Development is equally subject to certain variables such as the general tax policy of the state, the administrative efficacy and the overall perceived equity of the state’s tax system. Upon this premise, the paper considered the Nigerian tax system vis-a-vis the resolve of the nation to achieve Sustainable Development particularly in the guise of the SDGs, 2016 and concluded that although there is no contention on the positive relationship between taxation and Sustainable National Development and though Nigeria as a country given its population and vast natural resources and a robust investment framework stands fairly placed to maximally utilize this instrument towards sustainable development, a lot more still remains undone as the country is still far from applying the tax tool in a manner as to fully tap its enormous wealth. The major set-backs of the Nigeria tax system were identified and recommendations were made on standard approaches towards Nigeria’s appreciation and application of Taxation as a catalyst for Sustainable National Development.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125724624","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 Legal Aid Council in Nigeria: Challenges and Possible Solutions","authors":"A. Adeyemi","doi":"10.2139/ssrn.3547025","DOIUrl":"https://doi.org/10.2139/ssrn.3547025","url":null,"abstract":"Justice is the bedrock of peace and tranquillity in every society. Justice cannot be guaranteed when there is no access to court, fair hearing and fundamental rights due to financial constraint. The people of each country have contracted their power to their government to secure their rights and interests. Therefore it is incumbent on the government to strive towards equality before the law. One of the means to secure this is through availing indigent people free legal aid services. In Nigeria, the Legal Aid Council was established to serve the needy. Aside from the government legal aid service, there are several voluntary legal aid services. Despite the services, the bias of the Nigerian legal system to the detriment of the poor people is not quenched. This work then looks at the background of the legal aid service in Nigeria, challenges and the possible solutions to serve as corrective tools for the lacunae in the present legal aid service in the country.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123119123","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":"Dealing with a Contractor’s Insolvency in Construction Contracts – A Nigerian Law Perspective","authors":"Dr Kubi Udofia","doi":"10.2139/ssrn.3008508","DOIUrl":"https://doi.org/10.2139/ssrn.3008508","url":null,"abstract":"Nigeria’s construction sector is a vital economic growth driver. The sector provides physical infrastructure in relation to power, roads, rail, bridges, real estate, industries which drive industrialization and economic growth. The Nigerian Institute of Building claims Nigeria’s construction industry is worth around US $69 billion and employs 5% of Nigeria’s 180 million people. In its last released Labour Productivity Report (Q3 of 2016), the Nigerian Bureau of Statistics, estimated that Nigeria’s workforce stood at 80,669,196. The construction sector’s workforce thus constitutes 11.65% of Nigeria’s total workforce. Nigeria currently has an infrastructure deficit of $300 billion and the 30-year Integrated Infrastructure Master Plan, launched in 2014, projects that Nigeria will require roughly $3 trillion for infrastructure development over 30 years to close the infrastructure gap. The above highlights the importance of a stable construction sector and timely project delivery. A contractor’s insolvency may result to allocation of insufficient resources, compromise in quality of work, increase in defects, substantial time and cost overruns, default in related contracts and subcontracts and non-completion of the project. A contractor’s insolvency will adversely affect a range of parties, including its employer. This article examines the remedies and buffers which an employer may employ to mitigate losses and minimize disruptions resulting from a contractor’s insolvency.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116603517","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 Climate Change and Human Rights Nexus in Africa","authors":"Michael Addaney, E. Boshoff, Bamisaye Olutola","doi":"10.37974/ALF.304","DOIUrl":"https://doi.org/10.37974/ALF.304","url":null,"abstract":"People in Sub-Saharan Africa are particularly vulnerable to the  consequences of climate change because of a variety of factors, including poverty and the intensity of the effects of climate change on people whose livelihoods still largely depend on the land. The outcome is gross violations of human rights among the people of Africa. This study examines the link between climate change and human rights from an African perspective. It explores the international framework protecting the human rights of people severely affected by climate change in order to determine to what extent it adequately protects these rights. Drawing on examples from Zimbabwe, Nigeria and countries involved in armed conflict, the authors argue that African governments have responsibilities to protect fundamental human rights in the context of climate change. Recommendations are offered on how human rights can be more effectively protected in the era of climate change.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130890028","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":"Contracts of Guarantees in Nigeria: An Analysis of the Effect of Arbitration Clauses on Contracts of Guarantee in Nigeria","authors":"Bassey Eteyen Hogan-Itam","doi":"10.2139/ssrn.3016403","DOIUrl":"https://doi.org/10.2139/ssrn.3016403","url":null,"abstract":"Generally contracts of guarantee could be rightly perceived as tools used by parties in contracts to ensure that their interests in such agreement are secure, so that, in an event where there is a breach of such contract an action could be maintained against both the erring contracting party and the guarantor or the guarantor alone. Guarantees are agreements by which the Guarantor accepts the responsibility for a debt owed by someone (the borrower) to someone else (the lender) if the borrower fails to do so. The Guarantor can then claim the money back from the borrower. However contracts of guarantee are much more than an ‘insurance policy’ in favour of lenders or creditors, they could also be used as tool for ensnaring an unsuspecting “deep pocketed” guarantor into bearing eventual liability for the sins of an untrustworthy party, or instruments used to vouch for the credibility of a party. This has been used by parties in different forms from complex bank loans guarantees to guarantees in simple tenancy agreements all in the bid to create an alternative party to pursue in an event of breach. Whatever the reason for its execution maybe, it constitutes a contract and thus governed by the law of contract and therefore when executed by parties in the absence of any vitiating element it remains binding notwithstanding the motive of any party to the agreement. It is against this backdrop that this paper seeks to analyse the effect of arbitration clauses on contracts of guarantee in Nigeria. To achieve this it explains the concept of guarantees, it further proceeds to give a detailed overview of the nature of guarantees and finally it embarks on an academic voyage giving an analysis of the effect of arbitration clauses on the rights of parties under a contract of guarantee.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128154312","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":"Insider Trading in Rwanda: A Critical Analysis of the Legal Framework","authors":"Jimmy Walabyeki","doi":"10.2139/ssrn.2988989","DOIUrl":"https://doi.org/10.2139/ssrn.2988989","url":null,"abstract":"In Rwanda the law governing the prohibition of Insider Trading is The Law N°01/2011 of 10/02/2011 Regulating Capital Market in Rwanda, and the Section 355 of the N° 01/2012/OL of 02/05/2012 Organic Law instituting the penal code. This is a conceptual study of these provisions, analyzing their adequacy, and giving comparative perspectives from other jurisdictions in East Africa, and around the world. The findings are that the laws provide sound provisions against insider trading, but some recommendations are made to ensure the law is more robust, as there are some gaps which have been identified. This study assists regulators in their supervisory role to ensure confidence in the Rwanda Stock Exchange as Rwanda seeks to attract Investment, both local and foreign, by protecting the integrity of the Capital Markets through curbing insider trading. It also makes recommendations for legislative reform.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114423547","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":"Taxation of Nigeria's Solid Mineral Resources: Prospects and Challenges","authors":"Kamorudeen Lawal","doi":"10.2139/SSRN.2970597","DOIUrl":"https://doi.org/10.2139/SSRN.2970597","url":null,"abstract":"Nigeria is endowed with a number of mineral resources. The Federal Government of Nigeria, being the owner of these resources, formulates polices which guarantee it some compensation for allowing extraction of these resources. Among these policies is the fiscal policy which is aimed at ensuring that government gets benefit from the mining of these resources, subject to attracting the investment necessary to realize those benefits. This article examines the taxation of mineral resources (solid minerals in particular) in Nigeria vis-a-vis the various taxes payable by the various entities. In doing this, the various extant tax laws on are examined. The article further examines the challenges and the prospects of mineral taxation in Nigeria. It is discovered that though there are many opportunities in the mineral sectors in terms of revenue generation and employments, there are also factors mitigating against the optimal realization of the gains of the sector. The fiscal regime governing taxation of mineral resources has also been found to be one-sided. The regime focuses only on the petroleum resources development rather than solid mineral development. A good understanding of what opportunities offered by the sector as well as the challenges facing the realization of the same will go a long way in assisting the government re-positioning the sector. This is necessary in the wake of calls to diversify the nation’s economy from being solely oil-based.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129136859","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 Governance of Basic Education in the Eastern Cape","authors":"Z. Kota, M. Hendricks, Eric Matambo, V. Naidoo","doi":"10.2139/ssrn.2956346","DOIUrl":"https://doi.org/10.2139/ssrn.2956346","url":null,"abstract":"The Eastern Cape province experienced extensive governmental re-organisation following South Africa’s 1994 democratic transition. This entailed significant structural consolidation in the provincial government, and the integration of a disparate set of political and administrative actors under the stewardship of the African National Congress (ANC). This process has had a profound effect on the province’s capacity to shape and implement policy, especially in institutionally fragmented sectors such as basic education. Employing the political settlements framework to characterise the province’s governance transformation, we describe how historical patterns of clientelism were transplanted into a post-apartheid political and administrative settlement, resulting in considerable intra-party cleavages amongst the political elite and impeding the growth of a rule-compliant, insulated and performance-driven bureaucracy. This has been particularly acute in the education sector, which has seen chronic leadership instability, politicisation and financial mismanagement, and which has compromised the cohesion and integrity of provincial school oversight and policy management.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128374176","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 Evolution of Cotton Trade and Its Impact on African Countries Under W.T.O Law","authors":"Henry Owen","doi":"10.2139/SSRN.2921706","DOIUrl":"https://doi.org/10.2139/SSRN.2921706","url":null,"abstract":"Cotton has been at the centre of international trade from the beginning of the industrial revolution and has played a fundamental role in the development of many countries. This is because cotton is the raw material for textiles which are a fundamental human need. Cotton also serves as a means of livelihood for millions of people around the world who grow it as a cash crop or work in the textile industry. As a cash crop, it serves as an important source of revenue for many governments. \u0000From the outset, it is important to state that cotton in international trade can be categorised either as an agricultural product, a textile product or as any other good/commodity. This classification is important because: \u0000(a) as an agricultural product, trade in cotton would be subject to the Agreement on Agriculture which applies to ‘agricultural products’ as listed in Annex 1 of the agreement. Under Annex 1, ‘raw cotton, waste and cotton carded or combed’ (under HS headings 52.01 to 52. 03) are listed as agricultural products and therefore under the scope of the Agreement; \u0000(b) as a textile product, trade in cotton was also affected/regulated by the Agreement on Textiles and Clothing (ATC). In fact article 1.4 expressly stated that: ‘... the particular interests of cotton-producing exporting members should ... be reflected in the implementation of the provisions of this agreement’. This agreement terminated after the 10th year that the WTO was in force (2005), none-the-less its inclusion of cotton and cotton products such as cotton yarn under an annex of textile product goes to show that indeed trade in cotton was regulated under the ATC as well; \u0000(c) as any other good or commodity, cotton is subject to the General Agreement on Tariffs and Trade, the Agreement on subsidies and any other agreement regulating trade in goods. \u0000In my submission I will consider cotton as first a good/commodity like any other under the GATT and as an agricultural product and finally as a ‘textile’. It has been shown that in the ATC, cotton yarn was considered as a textile. Additionally under the 1973 Arrangement regarding international Trade in Textiles (commonly referred to as MFA), the expression ‘textiles’ was defined in article 12 to include ‘yarns’. A similar definition is given for ‘cotton textiles’ under article 9 of The Long Term Arrangement regarding Trade in Cotton textiles (‘LTA’). \u0000Finally, According to the Oxford English dictionary, the word ‘textile’ means inter alia, ‘... fibrous material such as flax, cotton or silk’.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114332152","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}