Journal for Juridical Science最新文献

{"title":"Child marriage: An obstacle to socio-economic development in sub-Saharan Africa","authors":"","doi":"10.18820/24150517/jjs45.i2.2","DOIUrl":"https://doi.org/10.18820/24150517/jjs45.i2.2","url":null,"abstract":"SUMMARY Africa is among the regions in the world with a high rate of child marriage. In many countries in sub-Saharan Africa, the minimum legal age for the marriage of girls is still under 18 years. Although ending child marriage is now one of the goal targets of the United Nations’ Sustainable Development Goal (SDG) of Gender Equality (goal 5), investment to end the practice remains limited across Africa. Apart from its negative impact on the physical growth, health, and mental and emotional development of a girl child, it is also linked to the unequal position of women in society, and limits their access to owning property, formal employment, and education. Girls who marry young are more likely to be poor and remain poor. Child marriage affects the entire society, as it reinforces a cycle of poverty and perpetuates illiteracy and malnutrition, as well as a high infant and maternal mortality rate. Furthermore, child marriage undermines the achievement of eight (or almost half) of the 17 SDGs. This article examines the socio-economic impact of child marriage in Africa. It considers five domains of impact, namely lost opportunity to grow; cost facing healthcare systems; lost education and earnings; lower growth potential, and the perpetuation of poverty. It seeks to establish a link between child marriage and the socio-economic status of African states. The article argues that women and girls constitute over 50 per cent of the African population and give birth to the other 50 per cent. Therefore, their interests must be protected to ensure the development of the African continent.","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128668601","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":"Displacement from land as a limit to the realisation of the right to development in Ethiopia","authors":"ST Abegaz","doi":"10.18820/24150517/jjs45.i1.3","DOIUrl":"https://doi.org/10.18820/24150517/jjs45.i1.3","url":null,"abstract":"Land remains a valuable asset to the Ethiopian rural population that constitutes approximately 85 per cent of the total population. Land and development are inextricably intertwined in developing agricultural economies such as Ethiopia and the majority of other African countries. Any meaningful social, economic and cultural development or self-determination of the people depends on how land is protected, guarded and defended by those who wield government powers. The state assumes, under human rights law, an obligation to respect land and other property rights and to prevent violations of the people’s rights by third parties and against property dispossession during internal conflicts. While the past few months have seen rapid and complex new developments – literally transforming the landscape of Ethiopian politics – these developments also bring certain dangers. Prominent among these are the large-scale internal conflicts and major population displacements that have caused appalling suffering to hundreds of thousands of Amhara and Oromo people and other ethnic groups. It is over three-and-a-half decades since the right to development gained universal recognition as an inalienable human right. The Vienna Declaration and Programme of Action adopted in 1993 firmly underlines the universal recognition of the right to development. The right to development has also gained domestic recognition in many African countries, including Ethiopia, where it is explicitly enshrined in the Federal Constitution as one of the fundamental rights. Using available literature, this article examines the implications of displacement from land and investigates its impacts on the non-realisation of the right to development by inquiring how displacement and the human right to development are being pursued in Ethiopia. Considering the continued displacement from their lands and the implications for the right to self-determination of the various ethnic groups over their property, the article advances the argument that, without a strict adherence to land rights, the 2063 and 2030 agendas for sustainable development would fail to achieve their purpose in making living standards better for the vast majority of the people of Ethiopia. Published by the UFS","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"324 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122741276","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":"Right to development in Africa and the common heritage entitlement","authors":"Carol Chi NGANG","doi":"10.18820/24150517/jjs45.i1.2","DOIUrl":"https://doi.org/10.18820/24150517/jjs45.i1.2","url":null,"abstract":"This article examines the common heritage entitlement as a requirement for the realisation of the right to development enshrined in the African Charter on Human and Peoples’ Rights (“the African Charter”). The question has been asked over and over again as to why Africa remains poor and underdeveloped, given that the continent is not lacking in the natural resources required to create development. In this register, the apparently rhetorical concern is situated within the context of the law and development discourse, wherein African legal scholars and practitioners are implored to consciously use the law as a tool to achieve the kind of development that seeks to improve quality of life, eradicate poverty, equalise opportunities, enhance freedoms, and maximise human well-being. The article responds to the enquiry from the angle of the right to development that entitles the peoples of Africa to socio-economic and cultural development, which, in essence, invokes the natural resource requirement for the attainment of that purpose. Despite the undertakings by state parties to the African Charter and the rulings in the cases that the African Commission and the African Court have dealt with on the question of natural resource ownership, prevailing realities across the continent present a worrying situation that demands a closer study of the common heritage entitlement, which guarantees that all the peoples of Africa can legitimately assert the right to socioeconomic and cultural development. This article sheds light on the subject, which evokes the central question: Who owns the natural resources that make up the common African heritage?","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128216932","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":"Intro page and Guest Editor's note: The right to development in Africa and natural resources ownership","authors":"Carol Chi NGANG","doi":"10.18820/24150517/jjs45.i1.editorial","DOIUrl":"https://doi.org/10.18820/24150517/jjs45.i1.editorial","url":null,"abstract":"","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133067250","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":"African renaissance: Effects of colonialism on Africa’s natural resources and the right to development","authors":"A. Munyai","doi":"10.18820/24150517/jjs45.i1.1","DOIUrl":"https://doi.org/10.18820/24150517/jjs45.i1.1","url":null,"abstract":"Colonialism began in Africa in the 14th century, with the primary objective of accumulating wealth at the expense of African peoples. To achieve this purpose, some European nations obliterated African autonomy by creating colonial territories, in order to harness Africa’s natural resources without constraint to expand their economic systems. In retrospect, recognising the impact of colonialism, it is unquestionable that, while Africa significantly contributed to the development of the world, its peoples were disproportionately dispossessed of their natural resources and their livelihood endangered. In the face of these historic injustices, as Africa looks to creating her own development, the departure point would be to correct the current inconsistency of being rich in natural resources, yet poor and underdeveloped. The right to self-determination entails for Africans to have control over, and exercise the right to permanent sovereignty over natural resources, with the purpose of achieving continental development. Reflecting on the ethos of African renaissance and pan-Africanism, which are anchored on the need for “collective self-reliance”, the African Union adopted Agenda 2063 in 2015 as a continental roadmap to structural transformation, inclusive growth, and sustainable development. This paper argues that to fulfil the aspirations contained in Agenda 2063 requires prioritising the right to permanent sovereignty over natural resources. In this regard, it advances the argument for resource nationalism as a means to achieve the right to development in Africa.","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"9 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120915883","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":"Empty currency and the mechanics of underdevelopment within the Franc Zone","authors":"Gek Kamga","doi":"10.18820/24150517/jjs45.i1.6","DOIUrl":"https://doi.org/10.18820/24150517/jjs45.i1.6","url":null,"abstract":"In this article, I explore why and how some fifteen African countries, member states of the Franc Zone, have, after 60 years of ‘independence’, remained dependent on, and subjugated to the patronage of France in terms of their currency, economic and development policies. More precisely, I examine the (real) politics behind the Franc des Colonies Françaises d’Afrique (CFA Franc) and Comoros Franc – the collective name of three currencies in force in the fifteen African states of the Franc Zone – whose convertibility is guaranteed by the French treasury and pegged to the Euro. I consider the rationale behind France’s commitment to guaranteeing unlimited convertibility of the CFA and Comoros Francs to the Euro, and question whether such commitment is driven by a genuine concern for development in the Franc Zone member states in question or whether other indeterminate motives justify France’s interest. I further explore the extent to which the CFA Franc impacts negatively on the right to development for member states of the Franc Zone.","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126154253","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":"Women’s access to water for sustainable development in Nigeria: Drawing lessons from South Africa’s water-renewable techniques","authors":"O. Adeniyi, A. Adeniyi","doi":"10.18820/24150517/jjs45.i1.5","DOIUrl":"https://doi.org/10.18820/24150517/jjs45.i1.5","url":null,"abstract":"Water is an indispensable natural resource, which, apart from its importance in the industrial sector, is mostly used by women at the domestic level everywhere, particularly in Africa. While industrialisation has made quality potable water accessible to women in cities and urban areas, this is unfortunately not the case in rural areas and thus poses a major challenge to the realisation of the United Nations (UN) Sustainable Development Goals in Nigeria. In cities and urban areas, people have managed to establish reliable water sources through boreholes, for example, while rural dwellers are still dependent on government intervention, philanthropies and non-governmental organisations to be able to have access to water of adequate quality. Considering the geographic location of South Africa, its peculiar water problem could be expected to be worse than in Nigeria. On the contrary, the South African government’s involvement in water-renewable techniques and other strategies in making quality water available to all its citizens differs from the situation in Nigeria. This article illustrates that the right to water as a natural resource, to which citizens are entitled as a component of the right to development, is anchored in law. To ensure the realisation of this right, we draw inspiration from academic and industrial approaches and water-renewable techniques for development, improvement, and implementation in South Africa to suggest ways for Nigeria to improve on its water strategy.","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124403512","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":"Moral, ethical and human rights arguments for using experimental and clinically unproven drugs to combat the Ebola Virus Disease","authors":"O. Sibanda","doi":"10.18820/24150517/JJS44.I1.2","DOIUrl":"https://doi.org/10.18820/24150517/JJS44.I1.2","url":null,"abstract":"This article discusses and considers the arguments in favour of using clinically unproven medicine in the fight against terminal diseases, with specific reference to the Ebola Virus Disease (EVD) in Africa. In particular, this proposition is supported from a moral, ethical and human rights-based approach. To this end, two philosophical foundations are considered, namely the utilitarian theory of morality and the rights-based approach. Furthermore, emphasis is placed on the role of African leadership in putting in place best and coordinated measures to combat EVD. An analysis of the use of clinically untested or unproven drugs is articulated by analysing the famous American case of Abigail Alliance for Better Access to Developmental Drugs. From a utilitarian perspective, access to unproven drugs may only be morally and ethically justified if it will positively combat EVD. In terms of the rights-based approach, access must be in the public interest and should not violate the rights of other persons. After considering scholarship that argues for and against the creation of a constitutionally guaranteed right of access to unproven drugs, it is concluded that a delicate balancing of all relevant issues is not as easy as it appears. Nevertheless, the article recommends that African governments leverage the 2014 statement by the WHO that it is ethical to use untested drugs subject to meeting certain conditions in their efforts to combat EVD.","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114409831","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":"Cryptocurrencies: Do they qualify as “gross income”?","authors":"F. Moosa","doi":"10.18820/24150517/JJS44.I1.1","DOIUrl":"https://doi.org/10.18820/24150517/JJS44.I1.1","url":null,"abstract":"This article argues that, for purposes of the Income Tax Act 58 of 1962, Bitcoin and cryptocurrencies operating in a like manner are incorporeal property with a comparable value in real currency. The fundamental basis for the advancement of the hypothesis that such cryptocurrencies give rise to protectable proprietary rights are: (i) the rights exist digitally in cyberspace; (ii) the rights have value to their users; (iii) the rights are capable of being owned as cyberproperty; (iv) the rights can be transferred electronically by a possessor of a unique public-private cryptography protected keypair, and (v) the rights can be proved by entries in a digital ledger that records the historical chain of ownership transfers. This article argues further that the average, fair market value of the cryptocurrency in South African Rands on the date of its receipt or accrual as a revenue asset must be included in a taxpayer’s gross income. It is further argued that this value ought to be the average price of the cryptocurrency determined with reference to at least two pricing indices commonly used or accepted in the marketplace.","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131071791","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":"Kernaspekte rondom die voeging van gades en vennote by ʼn aansoek vir verpligte sekwestrasie","authors":"A. Stander, H. Kloppers","doi":"10.18820/24150517/JJS44.I1.4","DOIUrl":"https://doi.org/10.18820/24150517/JJS44.I1.4","url":null,"abstract":"","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128034956","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}