African Journal of Legal Studies最新文献_第10页

An Examination of the Legislative Limitations of Artistic Freedom of Expression in Uganda 乌干达艺术表达自由的立法限制研究

IF 0.2

African Journal of Legal Studies Pub Date : 2019-12-18 DOI: 10.1163/17087384-12340043

R. Kakungulu-Mayambala, Rukundo Solomon, Victor Phillip Makmot

{"title":"An Examination of the Legislative Limitations of Artistic Freedom of Expression in Uganda","authors":"R. Kakungulu-Mayambala, Rukundo Solomon, Victor Phillip Makmot","doi":"10.1163/17087384-12340043","DOIUrl":"https://doi.org/10.1163/17087384-12340043","url":null,"abstract":"\u0000Artistic freedom of expression is guaranteed under the 1995 Constitution of the Republic of Uganda and other international instruments. This paper examines its application in all forms of art including paintings, music, poetry, novels, and plays. The paper examines the different legislation used in the restriction of artistic freedom of expression. It argues that these restrictions are contrary to the guarantees of freedom of expression provided in the Constitution and in various regional and international instruments. Part I of this paper gives a historical background to artistic freedom of expression noting how it has been suppressed since colonial times. Part II examines international protection of artistic freedom of expression while Part III analyses the protection of artistic freedom of expression in Uganda as guaranteed by the Constitution. Part IV analyses the legislation limiting artistic freedom of expression and highlights how these are incompatible with international and local human rights standards. Part V puts forward the case for artistic freedom of expression. Finally, Part VI provides the conclusion.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"12 1","pages":"47-80"},"PeriodicalIF":0.2,"publicationDate":"2019-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/17087384-12340043","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48169782","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

Universal Human Rights ‘Versus’ Cultural Relativism: the Mediating Role of Constitutional Rights 普遍人权与文化相对主义：宪法权利的中介作用

IF 0.2

African Journal of Legal Studies Pub Date : 2019-12-18 DOI: 10.1163/17087384-12340042

N. Agyeman, Alfred Momodu

引用次数: 3

Sustainable Development and Corporate Social Responsibility under the 2018 Petroleum Host and Impacted Communities Development Trust Bill: Is Nigeria Rehashing Past Mistakes? 《2018年石油东道国和受影响社区发展信托法案》下的可持续发展和企业社会责任：尼日利亚正在重蹈覆辙吗？

IF 0.2

African Journal of Legal Studies Pub Date : 2019-12-10 DOI: 10.1163/17087384-12340038

Nojeem Amodu

{"title":"Sustainable Development and Corporate Social Responsibility under the 2018 Petroleum Host and Impacted Communities Development Trust Bill: Is Nigeria Rehashing Past Mistakes?","authors":"Nojeem Amodu","doi":"10.1163/17087384-12340038","DOIUrl":"https://doi.org/10.1163/17087384-12340038","url":null,"abstract":"The 2018 Petroleum Host and Impacted Communities Development Trust Bill before the Nigerian National Assembly was proposed to foster sustainable development (SD) and embed corporate social responsibility (CSR) in the oil and gas corporate activities within host communities. From the backdrop of SD and CSR as regulatory concepts, this article scrutinizes the Bill for its viability to realize its objectives in its current form. It raises concerns about: (i) perceived negligence by the government to provide social services and public goods, seeming to outsource such responsibilities to the business community; (ii) the reduction of CSR to capital or community development projects; and (iii) the absence of useful delimitation criteria to determine host and impacted communities. The article argues that past mistakes are being rehashed and queries the capacity of the Bill to live up to stakeholders’ expectations. Using the normative contributions of global templates such as the United Nations Guiding Principles on Business and Human Rights, the article recommends policy and regulatory changes to the Bill’s governance structure towards embedding effective CSR and engendering SD in the Nigerian oil and gas industry.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"11 1","pages":"319-351"},"PeriodicalIF":0.2,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/17087384-12340038","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41582493","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

African Traditional Intellectual Property Rights, Customary Law, and Legal Pluralism 非洲传统知识产权、习惯法与法律多元主义

IF 0.2

African Journal of Legal Studies Pub Date : 2019-12-10 DOI: 10.1163/17087384-12340037

Ayoyemi Lawal Arowolo

引用次数: 1

Legal Framework to Gender-Based Violence, Sexual and Reproductive Health Rights of Indigenous Women in Cameroon 喀麦隆土著妇女基于性别的暴力、性健康和生殖健康权利的法律框架

IF 0.2

African Journal of Legal Studies Pub Date : 2019-12-10 DOI: 10.1163/17087384-12340040

Patrick Ageh Agejo

{"title":"Legal Framework to Gender-Based Violence, Sexual and Reproductive Health Rights of Indigenous Women in Cameroon","authors":"Patrick Ageh Agejo","doi":"10.1163/17087384-12340040","DOIUrl":"https://doi.org/10.1163/17087384-12340040","url":null,"abstract":"Men and women have different health profiles which necessitate different health needs, as a result of their biology and their distinct status in society. Discrimination and harmful traditional practices in many societies in the global south further affect the reproductive health of indigenous women. The paper will highlight discrimination against women in patriarchal indigenous communities in Cameroon. The paper focuses on violations that affect women’s reproductive health. The paper will discuss these violations in light of the country’s commitment to Sustainable Development Goal No. 3 on good health and well-being and Goal No. 5 on gender equality. The paper will also highlight the national and international laws addressing the right to the reproductive health of indigenous women. It will also examine gender-sensitive interventions, legislation and policies put in place by the indigenous community and the Government of Cameroon if any. The paper will end with conclusion and suggestions/recommendations on ways to improve the reproductive health of indigenous women in Cameroon.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"11 1","pages":"371-387"},"PeriodicalIF":0.2,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/17087384-12340040","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48521975","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: 3

Liability of Internet Service Providers under Nigerian Law 尼日利亚法律下互联网服务提供商的责任

IF 0.2

African Journal of Legal Studies Pub Date : 2019-06-08 DOI: 10.1163/17087384-12340039

B. Jemilohun

引用次数: 0

Editorial 编辑

IF 0.2

African Journal of Legal Studies Pub Date : 2019-04-10 DOI: 10.1163/17087384-12340024

C. Jalloh

引用次数: 0

Group Interests in Nigeria’s Companies and Allied Matters Act: a History of Subterranean Regulatory Capture 尼日利亚《公司及相关事务法》中的集团利益：一部隐蔽监管捕获的历史

IF 0.2

African Journal of Legal Studies Pub Date : 2018-09-16 DOI: 10.1163/17087384-12340033

C. G. Nnona

引用次数: 1

Board Diversity in Terms of Gender: a Recommendation for Mauritius 董事会在性别方面的多样性：毛里求斯的一项建议

IF 0.2

African Journal of Legal Studies Pub Date : 2018-09-16 DOI: 10.1163/17087384-12340036

A. Beebeejaun

{"title":"Board Diversity in Terms of Gender: a Recommendation for Mauritius","authors":"A. Beebeejaun","doi":"10.1163/17087384-12340036","DOIUrl":"https://doi.org/10.1163/17087384-12340036","url":null,"abstract":"The increased presence of women on the boards of corporations is an international trend worth following by all countries. There are many good reasons for increasing gender diversity on boards have been evidenced by various studies such as better decisions, performance, and representation of the consumer base. However, the country of Mauritius has been lagging behind in terms of legislative initiatives to promote female representation on corporate boards. A study conducted by the Hay Group in association with the Mauritius Institute of Directors in 2015 supports this fact.The study seeks to identify the relative benefits behind the global trend of achieving gender diversity on corporate boards and on the factors that impact the representation of women on such boards. Some various kinds of regimes and initiatives that have been developed in some countries mainly Norway and the UK will be analysed to deal with the issue of underrepresentation of women on corporate boards. The purpose behind this research is to provide effective recommendations for Mauritius to achieve a greater level of gender diversity on corporate boards.The methodologies for the research are, in essence, comprised of the black letter approach which analyses the legal provisions relating to directors in Mauritius, Norway, and the UK. Journals, books, and reports amongst others will be also examined.The paper aims at responding to the research objectives set out above. In particular, a soft-law approach in terms of voluntary target and non-financial disclosure in terms of gender diversity status is suggested as a first step to resolve low representation of women on corporate boards in Mauritius.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2018-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/17087384-12340036","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49652431","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

Unpacking the Laundry Machine: Why Is Dirty Money in the Social Club? 打开洗衣机的包装：为什么社交俱乐部里有脏钱？

IF 0.2

African Journal of Legal Studies Pub Date : 2018-09-16 DOI: 10.1163/17087384-12340035

Paul Nkoane

{"title":"Unpacking the Laundry Machine: Why Is Dirty Money in the Social Club?","authors":"Paul Nkoane","doi":"10.1163/17087384-12340035","DOIUrl":"https://doi.org/10.1163/17087384-12340035","url":null,"abstract":"The article provides an overview of the methods accepted to be critical for the laundering of illicit property, i.e. placement, layering, and integration. This is done to inform the reader of the obscurity the methods provide to illicit property and the possible costs involved. It is submitted that these typical methods would only be necessary when organised criminals launder huge sums of money. The article illustrates that when laundering relatively smaller amounts criminals prefer other cheaper methods to achieve the same end. The article, therefore, undertakes an objective analysis of the techniques of money laundering likely to be orchestrated in the South African social clubs schemes. The focus is on social organisations that engage in collecting money from members to deposit into a single account for a common goal. These organisations are termed stokvels. It is submitted that some of the collected amounts may not come from licit activities and may be highly difficult to identify. The article analyses the reason why people use social clubs and proposes methods that could be used to stall the refining of illicit money in such schemes.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2018-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/17087384-12340035","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49281536","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