Journal of Comparative Law in Africa最新文献

Discretion in the exercise of jurisdiction in conflict cases in Nigeria 在尼日利亚冲突案件中行使管辖权的自由裁量权

Journal of Comparative Law in Africa Pub Date : 1900-01-01 DOI: 10.47348/jcla/v9/i1a4

Chilenye Nwapi, Emeka J Egbebu, Thankgod Akazua

{"title":"Discretion in the exercise of jurisdiction in conflict cases in Nigeria","authors":"Chilenye Nwapi, Emeka J Egbebu, Thankgod Akazua","doi":"10.47348/jcla/v9/i1a4","DOIUrl":"https://doi.org/10.47348/jcla/v9/i1a4","url":null,"abstract":"This article analyses the jurisprudence of discretionary jurisdiction in conflicts cases in Nigeria to interrogate the considerations of theory and practical policy (or lack thereof) that, in the authors’ view, have influenced the development of the relevant law and procedure. The analysis includes an assessment of whether too much or too little weight has been given to some theories or policies. The article discusses discretionary jurisdiction in three main situations: (1) where the defendant is outside the jurisdiction of the forum court and, therefore, must be served ex juris; (2) when the court is invited to decline jurisdiction based on the doctrine of forum non conveniens; and (3) when there are parallel proceedings in a foreign jurisdiction. A key finding is that discretionary jurisdiction in Nigeria is highly under-theorised in the jurisprudence. Nigerian intellectuals have, for their part, not given the subject adequate consideration. There is, therefore, a dearth of literature to draw on. The article sifts through the rules of court and court decisions to discover the theoretical and practical considerations for the courts’ exercise of discretionary jurisdiction in the three situations mentioned.","PeriodicalId":377752,"journal":{"name":"Journal of Comparative Law in Africa","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123209017","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

Tax policy gap in southern African countries: Reflections on indirect tax coordination and tax diversity in SADC post Covid-19 南部非洲国家的税收政策差距:对新冠疫情后南部非洲发展共同体间接税协调和税收多样性的思考

Journal of Comparative Law in Africa Pub Date : 1900-01-01 DOI: 10.47348/jcla/v9/i2a1

P. Letete

{"title":"Tax policy gap in southern African countries: Reflections on indirect tax coordination and tax diversity in SADC post Covid-19","authors":"P. Letete","doi":"10.47348/jcla/v9/i2a1","DOIUrl":"https://doi.org/10.47348/jcla/v9/i2a1","url":null,"abstract":"The Southern African Development Community (SADC) tax policy on indirect tax coordination has mainly been guided by an approach toward the harmonisation of tax bases, the convergence of tax rates and the movement of taxes toward tax uniformity. This approach is one envisaged by the member states and reflected in Annex 3 of the Protocol on Finance and Investment. However, in recent studies, writers in this area opine that countries within a regional integration economic area (REC) should instead adopt an approach characterised by tax diversity of the indirect tax systems, as well as mutual coordination and cooperation to contribute towards economic integration. Recent literature proposes that tax coordination of indirect taxes must consider other options that move away from the uniformity of taxes, rates, and tax base. This paper considers this approach of placing tax diversity at the centre of the SADC tax policy of coordination of indirect taxes, particularly VAT and excise taxes. The paper reflects on the previous approaches that have characterised the implementation of the existing legal framework in tax coordination in the SADC and critically examines the implementation of the VAT and excise taxes guidelines and their significance in achieving tax coordination of indirect taxes. The article emphasises the importance of the SADC realising its goal of coordinating indirect taxes, particularly post Covid-19, due to the imminent need to raise more revenue from cross-border trade in the SADC member states to contribute toward the economic growth of member states.","PeriodicalId":377752,"journal":{"name":"Journal of Comparative Law in Africa","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116586070","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

An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study 从继承法角度分析穆斯林收养儿童从已故父母处继承财产的权利:以南非为例

Journal of Comparative Law in Africa Pub Date : 1900-01-01 DOI: 10.47348/jcla/v8/i2a3

M. Abduroaf

引用次数: 0

Contracts for the Sale of Goods: Passing of Property in Goods Under the Law of the United Kingdom and Ghana 货物销售合同:根据联合王国和加纳法律货物财产的转移

Journal of Comparative Law in Africa Pub Date : 1900-01-01 DOI: 10.47348/jcla/v10/i1a2

P. Obiri-Korang

{"title":"Contracts for the Sale of Goods: Passing of Property in Goods Under the Law of the United Kingdom and Ghana","authors":"P. Obiri-Korang","doi":"10.47348/jcla/v10/i1a2","DOIUrl":"https://doi.org/10.47348/jcla/v10/i1a2","url":null,"abstract":"A contract for the sale of goods is the most commonly used transaction domestically and at international level. Regardless of its relevance, there has been a wide variation in the concept of “sale” has existed in the course of legal history across the various legal systems of the world. Although a sales transaction may be rightly described as the most universal transaction, it is pertinent to point out that there is very little agreement on one of the transaction’s most fundamental incidents, which is the “passing of property”. In most legal systems, aside from the generally established rule on when the property in goods may pass from a buyer to a seller, property in goods can also pass at any time depending on the circumstances or terms of the relevant contract. Despite the above proposition, it is important for all persons who engage in a sale transaction to have an understanding as to when the property in the goods that they intend to purchase or that they have purchased passes from the seller to them. This article primarily focuses on when property passes in a sale contract in the legal systems of the UK and Ghana. This is relevant because when a buyer enters a sale contract, it is the property in the goods that they bargain for and not the use or mere possession or any other aspect of ownership.","PeriodicalId":377752,"journal":{"name":"Journal of Comparative Law in Africa","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134432484","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

From Subsistence to Commercialisation: Legal Implications of ‘Ecowas Regulations on Transhumance’ on Livestock Investment Options 从维持生计到商业化:“西非经共体跨畜牧业条例”对牲畜投资选择的法律含义

Journal of Comparative Law in Africa Pub Date : 1900-01-01 DOI: 10.47348/jcla/v10/i1a4

Jane Ezirigwe

{"title":"From Subsistence to Commercialisation: Legal Implications of ‘Ecowas Regulations on Transhumance’ on Livestock Investment Options","authors":"Jane Ezirigwe","doi":"10.47348/jcla/v10/i1a4","DOIUrl":"https://doi.org/10.47348/jcla/v10/i1a4","url":null,"abstract":"West Africa is expected to experience rapid population growth with a projected population of 796,494,188 in 2050, most of whom will be unemployed youths in quest of job and business opportunities. The increasing growth in population with an increasing demand for livestock products and a ready workforce presents exciting opportunities for investment in livestock production, job creation, poverty reduction, and food security. Nonetheless, private investment may not happen in a form that will achieve these gains if the ECOWAS texts are left in their current form, in promoting the transhumance business model to the detriment of meaningful large-scale investments that will increase productivity and create jobs for the region’s booming young population. This article adopts a socio-legal approach to examine the ECOWAS Decision and Regulation on Transhumance in order to determine whether they have adequately promoted transhumance in a form that is not inimical to other business investment options for livestock production in the region. Its aim is to show that the regulatory framework has not effectively ensured that transhumance exists in a form that will still provide other business models with opportunities to competitively engage in livestock production. This is given the fact that the transhumance method has been commercialised and even criminalised in ways that produce significant negative consequences for the livestock business. It recommends concrete plans with a view to phasing out transhumance across borders and designating rangelands in semi-arid areas of the region.","PeriodicalId":377752,"journal":{"name":"Journal of Comparative Law in Africa","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115302199","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

Le mensonge dans le procès pénal : Analyse a partir du droit Camerounais 刑事诉讼中的谎言:喀麦隆法律分析

Journal of Comparative Law in Africa Pub Date : 1900-01-01 DOI: 10.47348/jcla/v9/i1a5

Tchabo Sontang Hervé Martial

引用次数: 0

Recusal of a judge in adjudication: Recent developments in South Africa and Botswana 法官在审判中回避:南非和博茨瓦纳的最新发展

Journal of Comparative Law in Africa Pub Date : 1900-01-01 DOI: 10.47348/jcla/v9/i1a3

C. Okpaluba, T. Maloka

{"title":"Recusal of a judge in adjudication: Recent developments in South Africa and Botswana","authors":"C. Okpaluba, T. Maloka","doi":"10.47348/jcla/v9/i1a3","DOIUrl":"https://doi.org/10.47348/jcla/v9/i1a3","url":null,"abstract":"Both at common law and under contemporary constitutional jurisprudence, the principle is that a judge who finds himself or herself in a situation where their personal interest(s) in the case in court will lead a dispassionate and independent observer to reasonably suspect that they will be biased or reasonably apprehended to be so, must not sit and hear the case. Even before the commencement of the hearing, the judge is expected to disclose their interest(s) in the case or association with one of the parties to both sides in the case so as to hear their views on the matter. Otherwise, a party who might be prejudiced by the outcome should, as early as possible in the proceedings, apply to the judge to recuse himself or herself from adjudicating the case. Sometimes, the judge might have entered the adjudication without any personal baggage, but one of the parties apprehends bias on account of the utterances or conduct of the judge in the proceedings, and the party affected must apply for the recusal of the judge from the trial or proceedings. Recent developments have shown that the circumstances in which recusal is permissible are far from being exhausted, hence the category of possible recusal cases is not closed. The cases that have arisen in the last ten years in Botswana and South Africa are very extensive in terms of volume and the variety of the issues that they raise and therefore they provide the material around which this article is constructed.","PeriodicalId":377752,"journal":{"name":"Journal of Comparative Law in Africa","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129408495","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

Pandemic recovery in Africa: A case for strengthening insolvency laws for rescuing small and medium enterprises 非洲大流行病复苏:加强破产法以拯救中小企业的案例

Journal of Comparative Law in Africa Pub Date : 1900-01-01 DOI: 10.47348/jcla/v8/i2a4

W. Iheme, Sanford U. Mba

引用次数: 0

Reimagining regional cooperation as a springboard for curbing piracy off the coast of Nigeria 重新设想区域合作作为遏制尼日利亚沿海海盗的跳板

Journal of Comparative Law in Africa Pub Date : 1900-01-01 DOI: 10.47348/jcla/v9/i2a2

K. Anele

{"title":"Reimagining regional cooperation as a springboard for curbing piracy off the coast of Nigeria","authors":"K. Anele","doi":"10.47348/jcla/v9/i2a2","DOIUrl":"https://doi.org/10.47348/jcla/v9/i2a2","url":null,"abstract":"Nigerian waters remain risky for navigation. Despite efforts by the Nigerian government to suppress piracy off its coast, little progress has been made. Moreover, Nigeria is ill-equipped, ill-prepared and lacks effective enforcement of the extant piracy legal regime due to an inefficient institutional framework to combat piracy suo motu. This paper suggests the adoption of the regional cooperation mechanism to curb piracy in Nigeria, given the number of piracy incidents off its coast and the fact that the coast extends to the waters of neighbouring countries. Additionally, Nigerian piracy affects the navigational and geostrategic importance of the Gulf of Guinea to the global energy supply and international trade, and it implicates regional trade agreements in Africa. The research methodology is a dialectical analysis of data, legal instruments, and scholarly publications. Also, this research uses the application of anti-piracy regional cooperation agendas in other piracy hotspots to suggest the adoption of regional cooperation to suppress Nigerian piracy. The results reveal that attempts to curb piracy in Nigeria have been futile because the country lacks the political will to eliminate the causes of piracy. Since Nigerian piracy has a regional effect, regional cooperation would be apt to suppress this crime. Legal instruments, soft laws, regional agreements and international maritime organisations promote regional cooperation in combating piracy. Consequently, the paper explores factors that bolster and sustain regional cooperation as a means of repressing piracy off the Nigerian coast.","PeriodicalId":377752,"journal":{"name":"Journal of Comparative Law in Africa","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127541600","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

Protection of the right to social security of the migrant worker in international law 移徙工人社会保障权在国际法上的保护

Journal of Comparative Law in Africa Pub Date : 1900-01-01 DOI: 10.47348/jcla/v8/i2a5

Kehinde Anifalaje

{"title":"Protection of the right to social security of the migrant worker in international law","authors":"Kehinde Anifalaje","doi":"10.47348/jcla/v8/i2a5","DOIUrl":"https://doi.org/10.47348/jcla/v8/i2a5","url":null,"abstract":"The right to social security is recognised as a basic human right in a number of international instruments. While most nations give recognition to social security rights and generally enforce them within the dictates of domestic legislation to their nationals, the narrative is different for non-nationals, particularly the migrant worker. The article examines the measures that have been deployed at international and regional levels to protect the social security rights of migrant workers, with particular attention to the regular ones. It argues that a number of factors, including the doctrines of territoriality and nationality, account for the marginalisation of the migrant worker in the enforcement of these rights. Some migrant-specific international instruments and series of bilateral and multilateral agreements to overcome these perceived challenges are being hindered by the low number of ratifying countries and disparities in the design and level of development of schemes for specific branches of social security across countries. The article concludes that the social security right of the migrant worker would be enhanced if more countries ratify, domesticate and enforce relevant international instruments on the social security rights of the migrant worker and complement same by a much more coordinated bilateral and multilateral social security agreements.","PeriodicalId":377752,"journal":{"name":"Journal of Comparative Law in Africa","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128123518","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