Journal of Sustainable Development Law and Policy最新文献_第4页

The multi-agency response approach to the management of oil spill incidents: legal framework for effective implementation in Nigeria 管理溢油事件的多机构反应办法:尼日利亚有效实施的法律框架

Journal of Sustainable Development Law and Policy Pub Date : 2015-01-01 DOI: 10.4314/jsdlp.v6i1.5

A. Olaniyan

{"title":"The multi-agency response approach to the management of oil spill incidents: legal framework for effective implementation in Nigeria","authors":"A. Olaniyan","doi":"10.4314/jsdlp.v6i1.5","DOIUrl":"https://doi.org/10.4314/jsdlp.v6i1.5","url":null,"abstract":"The devastating effects of oil spill incidents on humans and the environment can be overwhelming. Effects such as loss of life, forced displacements, loss of property and serious health risks cannot be overlooked. Also, the long-term damage to the ecosystem, sea life and biodiversity are some of the long-term consequences of an oil spill incident. Thus, a swift response to oil spill incidents is always necessary in order to minimize these effects. The multi-agency response approach emphasizes a holistic and coordinated involvement of several related institutions and entities in order to ensure adequate response to any category of oil spill incident. Even though the multi-agency approach seems to be already embedded in relevant legislation on oil spill control and containment in Nigeria, its operationalization has been less impressive. This article discusses the practical relevance and implementation of multiagency response to oil spills in Nigeria. It appraises the efficacy of relevant Nigerian legislation providing for multi-agency response to oil spill control and containment in Nigeria, highlights the weaknesses of the current regulatory arrangement, and suggests legal reforms to make the multi-agency response approach more efficient and effective in Nigeria. This includes the need to harmonize several overlapping legislations and governance institutions on oil spill response and management to ensure coherence and systemic integration. Keywords : Multi Agency Response, oil spill, polluter-pays, human rights, Niger Delta.","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"6 1","pages":"109-128"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/jsdlp.v6i1.5","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557388","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

Penalties and liquidated damages in a changing world: rethinking the common law position 瞬息万变的世界中的罚金与违约金:对普通法立场的再思考

Journal of Sustainable Development Law and Policy Pub Date : 2015-01-01 DOI: 10.4314/JSDLP.V6I1.11

Oluwadamilola Odetola

{"title":"Penalties and liquidated damages in a changing world: rethinking the common law position","authors":"Oluwadamilola Odetola","doi":"10.4314/JSDLP.V6I1.11","DOIUrl":"https://doi.org/10.4314/JSDLP.V6I1.11","url":null,"abstract":"Why did Antonio agree to give Shylock a pound of his flesh in the Merchant of Venice? Why was Shylock unable to get his pound of flesh? Parties to a contract are allowed to determine their obligations but cannot freely determine the consequences of breach in the event of nonperformance. Such is the paradox in the law of obligations. Virtually every modern contract contains a liquidated damages clause and common law jurisdictions strive to ensure that such clauses do not offend the rule against penalties. This paper examines the principle of contractual freedom within the narrower context of liquidated damages and penalty clauses. It revisits the principles of the law of penalties as expounded in the classic case of Dunlop Pneumatic Tyre Co. Ltd v. New Garage & Motor Co. Ltd, and considers how well they have fared after a century. In making this evaluation, particular attention is paid to English, Australian and Nigerian law. There are issues thrown up by the rigid dichotomy between liquidated damages and penalties and the extent to which commercial partners can negotiate around them. As commercial contracts become more complex and multi-jurisdictional, clarity, certainty and security of transactions have become more fundamental to commercial dealings. This article finds that the dichotomy between penalty and liquidated damages has not only become irrelevant, it also undermines these fundamentals. Arguments made in favour of the dichotomy are self-defeating and confusing. Judicial attempts to bring the penalty rule in consonance with commercial realities also come with problems of their own. Therefore, an abolition of the dichotomy is advocated. This article proposes that in place of the existing unjustifiable paternalistic approach, all agreed damages should be prima facie valid, subject to clear cases of unequal bargaining power and economic oppression. Keywords : Penalties; liquidated damages; genuine estimate; commercial justification.","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"6 1","pages":"247-271"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V6I1.11","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557296","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: 4

An evaluation of China’s carbon emission reduction policies on urban transport system 中国城市交通系统碳减排政策评价

Journal of Sustainable Development Law and Policy Pub Date : 2015-01-01 DOI: 10.4314/JSDLP.V6I1.2

Hou Jia-ru, Feng Xiang-zhao

{"title":"An evaluation of China’s carbon emission reduction policies on urban transport system","authors":"Hou Jia-ru, Feng Xiang-zhao","doi":"10.4314/JSDLP.V6I1.2","DOIUrl":"https://doi.org/10.4314/JSDLP.V6I1.2","url":null,"abstract":"Climate change has become one of the hottest issues in international law. As the world’s second-largest greenhouse gas emission sector, the transport sector, especially the urban traffic system, is facing much more pressure to reduce its aggregate emissions. This article begins with a theoretical examination of the system theory, takes the cobenefit concept as a methodological guide and discusses various urban traffic emission reduction policies such as travel demand management, vehicles policies, fuel policies, road policies and comprehensive management policies of the urban transport system. It argues that holistic policy reform is the most important means of promoting CO 2 emission reduction effectively in urban traffic system. It is unrealistic to only implement one type of policy to achieve CO 2 emission reduction targets in urban traffic system; a policy mix will arguably be of great significance to achieve and sustain emission reduction. Therefore, the promotion and perfection of policy system of CO 2 emission reduction in urban traffic system and the intensification of policy innovation should be deemed a strategic choice to effectively realize CO 2 emission reduction targets in urban traffic system, while promoting the sustainable development of the urban traffic system, the city and the economy. Keywords : Urban transport system, greenhouse gas emission reduction, policy summarizing.","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"11 1","pages":"31-51"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V6I1.2","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557337","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: 5

The doctrine of party autonomy in international commercial arbitration: myth or reality? 国际商事仲裁中的当事人自治原则:神话还是现实?

Journal of Sustainable Development Law and Policy Pub Date : 2015-01-01 DOI: 10.4314/JSDLP.V6I1.10

S. A. Fagbemi

{"title":"The doctrine of party autonomy in international commercial arbitration: myth or reality?","authors":"S. A. Fagbemi","doi":"10.4314/JSDLP.V6I1.10","DOIUrl":"https://doi.org/10.4314/JSDLP.V6I1.10","url":null,"abstract":"The increased preference for arbitration has buttressed the growing disenchantment for traditional adversary method of litigation. The foundation of every arbitration proceeding is the arbitration agreement. The parties’ agreement constitutes a contract to refer disputes, which have arisen or may arise in future between them to arbitration. The freedom of parties to consensually execute arbitration agreement is known as the principle of party autonomy. The principle provides a right for the parties to international commercial arbitration to choose applicable substantive law and these laws when chosen shall govern the contractual relationship of the parties. However, the pertinent questions have always been: Do parties actually have absolute freedom to determine the arbitration process? To what extent has this been achieved in the resolution of disputes having international concerns? And lastly, is party autonomy a myth or reality? These questions and many others have continued to provoke discussions in many fora on the applicability of party autonomy in international commercial arbitration. To find meaning to the above questions, this article analyses the principle of party autonomy. The ultimate aim of the article is to answer the question whether the practical application of the principle of party autonomy is indeed a myth or reality? Keywords : Party Autonomy, International Commercial Arbitration.","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"6 1","pages":"202-246"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V6I1.10","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557239","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: 6

Eyes on Bangladesh’s disappearing coasts: proposed constitutional protections for coastal communities particularly vulnerable to climate change 关注孟加拉国正在消失的海岸:提议对易受气候变化影响的沿海社区提供宪法保护

Journal of Sustainable Development Law and Policy Pub Date : 2015-01-01 DOI: 10.4314/jsdlp.v6i1.3

Sabrina Persaud

{"title":"Eyes on Bangladesh’s disappearing coasts: proposed constitutional protections for coastal communities particularly vulnerable to climate change","authors":"Sabrina Persaud","doi":"10.4314/jsdlp.v6i1.3","DOIUrl":"https://doi.org/10.4314/jsdlp.v6i1.3","url":null,"abstract":"Climate change, a phenomenon caused by global warming, has impacted just about every part of the earth. As polar ice caps continue to melt, people across the world are experiencing record-breaking heat waves and warmer winters. These erratic weather patterns are just one of the many impacts of climate change. Changes in temperature have altered ecosystems and habitats for terrestrial and marine wildlife, and caused human health to deteriorate. Larger, more industrialized countries are the major contributors to climate change; however, smaller countries, such as Bangladesh, suffer the consequences. This article analyses the negative effects that climate change has had on Bangladesh, particularly the vulnerable coastal communities of Bangladesh. Warmer temperatures lead to warmer waters, a breeding ground for tropical cyclones and spells disaster for those living along Bangladesh’s coasts. This article proceeds to suggest possible domestic and international legal solutions to the problem and examines the law that supports these proposals. Keywords : Climate change, coast, Bangladesh, constitution","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"6 1","pages":"52-82"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/jsdlp.v6i1.3","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557350","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

Customary arbitration in Nigeria: a review of extant judicial parameters and the need for paradigm shift 尼日利亚的习惯仲裁:对现有司法参数的审查和范式转变的需要

Journal of Sustainable Development Law and Policy Pub Date : 2015-01-01 DOI: 10.4314/JSDLP.V6I1.9

M. M. Akanbi, L. Abdulrauf, Abdulrazaq Adelodun Daibu

{"title":"Customary arbitration in Nigeria: a review of extant judicial parameters and the need for paradigm shift","authors":"M. M. Akanbi, L. Abdulrauf, Abdulrazaq Adelodun Daibu","doi":"10.4314/JSDLP.V6I1.9","DOIUrl":"https://doi.org/10.4314/JSDLP.V6I1.9","url":null,"abstract":"Two forms of arbitration exist in present-day Nigeria; the first is indigenous to the various communities in the country and it is determined by the customs and traditions of the individual community. The second, which was imported, derives its source from the general laws and practice of England. The latter, which is arguably, alien to the culture and tradition of traditional Nigerian communities, has often been superimposed and applied by courts. The continuing subjugation of customary arbitration can be seen in the attitude of the Nigerian courts, whereby reliance is placed on the parameters of modern arbitration in the determination of a valid customary arbitration award in Nigeria. This article contends that the attitudes of courts in the determination of the binding nature of an award given under customary arbitration, using the parameters of modern arbitration, has caused considerable damage to the essence and potency of customary arbitration practice in Nigeria. In order to be authentic, it is contended that judicial development of customary arbitration, must respond to the traditions, attitudes and goals of the people whose society is under consideration. It should not be subject to a validity test by reference to orthodox arbitration or arbitration under the received English law. Consequently, the article examines the extant parameters to which the Nigerian courts subject the characteristics of customary arbitration in Nigeria. The article discusses the need for a paradigm shift in order for customary arbitration to respond to the exigencies of customs. Keywords : Arbitration, custom, tradition, dispute resolution, English law, Nigeria.","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"6 1","pages":"199-201"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/JSDLP.V6I1.9","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557444","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: 5

Realizing the right to development in Nigeria: an examination of legal barriers and challenges 在尼日利亚实现发展权:对法律障碍和挑战的考察

Journal of Sustainable Development Law and Policy Pub Date : 2015-01-01 DOI: 10.4314/jsdlp.v6i1.7

Olaitan O Olusegun, Oyeniyi Ajigboye

{"title":"Realizing the right to development in Nigeria: an examination of legal barriers and challenges","authors":"Olaitan O Olusegun, Oyeniyi Ajigboye","doi":"10.4314/jsdlp.v6i1.7","DOIUrl":"https://doi.org/10.4314/jsdlp.v6i1.7","url":null,"abstract":"The United Nations General Assembly has, through several Conventions, emphasized the need for the full realization of the right to development, alongside the rights to food and clean water, the right to shelter and the right to housing. According to the United Nations, if Economic Social and Cultural Rights (ESCR) are violated, the right to development is also violated. However, the realization of ESCRs in Nigeria continues to face challenges, therefore, the realization of development remains germane both in Nigeria and the international community at large. The search for development in Nigeria, therefore, requires the grasping of the conceptualized Right to Development (RTD), and dealing with the barriers and legal challenges, which affect the realization of the RTD. This article, therefore, aims to analyse the content, commitment, and nature of the right to development and examines the barriers to its implementation in Nigeria. The article discusses problems such as governmental corruption, lack of resources, lack of institutional capacity, poverty, internal conflicts, judicial performance, lack of implementation and enforcement of laws, and concludes that the goals of sustainable development in Nigeria cannot be fully realized without a conscious effort towards reduction in corruption which can practically serve as a panacea for achieving meaningful development. Keywords : Development, Developing Countries, Human Rights, Economic, Social and Cultural Rights","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"6 1","pages":"145-168"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/jsdlp.v6i1.7","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557406","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

Imposition of a copyright levy in Nigeria: legal justifications and comparative analysis 尼日利亚征收版权税:法律依据和比较分析

Journal of Sustainable Development Law and Policy Pub Date : 2014-01-01 DOI: 10.4314/JSDLP.V4I1

IA Olubiyi

{"title":"Imposition of a copyright levy in Nigeria: legal justifications and comparative analysis","authors":"IA Olubiyi","doi":"10.4314/JSDLP.V4I1","DOIUrl":"https://doi.org/10.4314/JSDLP.V4I1","url":null,"abstract":"Copyright owners have the exclusive right to control the reproduction of their works. Since the advent of recording and copying technology, reproducing copyright works has become easier. Cases such as Sony Corp of America v. University City Studios, Inc indicate that copyright owners cannot stop technological advancements since they have both infringing and non-infringing uses. The reality is that private copying/reproduction is damaging to the right of owners and the entire copyright industry. One of the ways this situation is addressed is the imposition of copyright/private copying levies in some jurisdictions. Different rationales have been advanced for the imposition of this levy such as harm/compensation rationale and the statutory licence rationale. Nigeria is joining other jurisdictions in imposing this levy as the Copyright Levy Order 2012 was recently signed into law. This paper discusses the origin and justifications for the imposition of copyright levies. This practice is examined particularly in the light of the ‘fair dealing for private use’ exception under the Nigerian copyright law and in other jurisdictions such as the European Union, Germany, United Kingdom and the United States. It provides a detailed understanding of ‘fair dealing for private use’ and also a justification for the Nigerian Copyright Levy Order under the Nigerian legal system. Keywords : copyright levy, fair use, fair dealing, private use","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"4 1","pages":"87-104"},"PeriodicalIF":0.0,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557648","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: 6

Haze pollution in Indonesia 印尼的雾霾污染

Journal of Sustainable Development Law and Policy Pub Date : 2013-10-31 DOI: 10.4314/JSDLP.V2I1

Melda Kamil Ariadno

{"title":"Haze pollution in Indonesia","authors":"Melda Kamil Ariadno","doi":"10.4314/JSDLP.V2I1","DOIUrl":"https://doi.org/10.4314/JSDLP.V2I1","url":null,"abstract":"Haze pollution has been one of the most serious environmental catastrophes in countries with wide areas of forest, such as Indonesia. Efforts to combat haze pollution have been carried out at the national, regional and international levels. Adopting principles developed within international law arena such as sustainable development, precautionary principle, foreseeability, due diligence and good neighbourliness have been canvassed for every state in the world especially those having activities which have potential impact to cause transboundary pollution. Indonesia has been experiencing forest burns from time to time and trying to combat it ever since. National law has been developed, institutions have been designated, and mechanisms have been created. These efforts are however far from complete. Indonesia needs to go much further than what have been undertaken this far. A necessary way forward would be to ratify the 2002 Association of Southeast Asian Nations (ASEAN) Agreement on Transboundary Haze Pollution, which Indonesia fails to ratify. This paper discusses the problems of haze pollution in Indonesia, the applicable rules under international law including the state responsibility doctrine, the mechanism developed within the ASEAN Agreement, what steps have been taken by Indonesian Government in combating haze pollution, and the need for Indonesia to ratify the ASEAN Agreement. Keywords : Haze, Pollution, ASEAN, Indonesia","PeriodicalId":31326,"journal":{"name":"Journal of Sustainable Development Law and Policy","volume":"2 1","pages":"1-35"},"PeriodicalIF":0.0,"publicationDate":"2013-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70557586","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

High-value Natural Resources:A Blessing or a Curse for Peace? 高价值自然资源:和平的福还是祸?

Journal of Sustainable Development Law and Policy Pub Date : 2012-03-29 DOI: 10.4324/9781849775786-8

Päivi Lujala, S. A. Rustad

引用次数: 26