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African Journal of Legal Studies最新文献

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Ascertaining the Effect of Limitation of Time for Recourse against International Arbitral Award in Nigeria 确定尼日利亚对国际仲裁裁决的追诉时效的影响
IF 0.2
African Journal of Legal Studies Pub Date : 2024-04-03 DOI: 10.1163/17087384-bja10092
John Funsho Olorunfemi, Kingsley Ibe
{"title":"Ascertaining the Effect of Limitation of Time for Recourse against International Arbitral Award in Nigeria","authors":"John Funsho Olorunfemi, Kingsley Ibe","doi":"10.1163/17087384-bja10092","DOIUrl":"https://doi.org/10.1163/17087384-bja10092","url":null,"abstract":"Unlike article 34 of the <jats:sc>UNCITRAL</jats:sc> Model Law which prescribes three months limitation period for recourse against arbitral award, section 48 of the Nigerian Arbitration Act (<jats:sc>ACA</jats:sc>) does not specifically contain any limitation period. However, section 29(1) of the <jats:sc>ACA</jats:sc> which has general application provides for three months limitation period from the date of award within which a party can apply to set aside an award on the ground that the arbitral tribunal exceeded its scope of submission. The aim of this paper is to ascertain the scope, application and effect of the relevant provisions of the <jats:sc>ACA</jats:sc> by evaluating relevant judicial decisions. This paper adopts the doctrinal methodology by relying on relevant statutes, judicial decisions and literature. The paper points out the issues arising from computation of time as to whether limitation time starts to run from the date of award or when the award is received by the parties or their legal representatives and calls for judicial rethinking. The paper finds that the virtual repetition of the grounds for recourse against international arbitral award in the grounds for refusal of recognition and enforcement may give an unsuccessful party a bite of another cherry. In order not to defeat the essence of the limitation period, the paper recommends necessary the legislative reforms.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"53 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2024-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140585864","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
Exploring Attempts at Judicial Resolution of the Nkonya-Alavanyo Communal Conflict in Ghana 探讨加纳恩孔亚-阿拉瓦约族群冲突的司法解决尝试
IF 0.2
African Journal of Legal Studies Pub Date : 2024-04-03 DOI: 10.1163/17087384-bja10089
Prince Duah Agyei, Felix Odartey-Wellington
{"title":"Exploring Attempts at Judicial Resolution of the Nkonya-Alavanyo Communal Conflict in Ghana","authors":"Prince Duah Agyei, Felix Odartey-Wellington","doi":"10.1163/17087384-bja10089","DOIUrl":"https://doi.org/10.1163/17087384-bja10089","url":null,"abstract":"While the literature on the Nkonya-Alavanyo conflict references litigation and its apparent ineffectiveness in resolving the conflict, there is a paucity of detail about this litigation. This paper contributes to a more holistic comprehension of the discourses structuring resolution attempts in this conflict, with lessons for the resolution of communal conflicts generally. Drawing on archival data, media reports, and field interviews, we examine the trajectory of the Nkonya-Alavanyo conflict in the Ghanaian judicial system as an example of an intractable communal conflict that has defied legal attempts at resolution. We argue that judicial attempts at resolving the conflict have been ineffective because the resultant juridical discourse is polysemic and – to the extent that the non-negotiable value of justice is a factor in the conflict – is subject to divergent articulations. Second, we submit that the juridical discourse competes with State, civil society, and partisan articulations that do not privilege judicial decisions, with State discourse increasingly being one of militarisation.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"32 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2024-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140585868","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
Freedom of Assembly in Zimbabwe 津巴布韦的集会自由
IF 0.2
African Journal of Legal Studies Pub Date : 2023-11-24 DOI: 10.1163/17087384-12340098
Simbarashe Tembo, Annie Singh
{"title":"Freedom of Assembly in Zimbabwe","authors":"Simbarashe Tembo, Annie Singh","doi":"10.1163/17087384-12340098","DOIUrl":"https://doi.org/10.1163/17087384-12340098","url":null,"abstract":"The past two decades have witnessed a protracted struggle for human rights in Zimbabwe. The adoption of the new constitution in 2013 provided a glimmer of hope for a new constitutional dispensation founded on a human rights culture. To this end, the Constitutional Court duly adopted a rights-based adjudication. This is evidenced by the declaration of unconstitutionality of certain sections of the Public Order and Security Act (<jats:sc>POSA</jats:sc>) in the case of the <jats:italic>Democratic Assembly for Restoration and Empowerment (<jats:sc>DARE</jats:sc>) v Saunyama</jats:italic> in 2016. The impugned sections related to freedom of assembly, freedom to demonstrate and freedom to picket government. What may have seemed like a new chapter for human rights was closed when the State enacted legislation in direct conflict with the order of the Court. This article posits that the new legislation, the Maintenance of Public Order Act (<jats:sc>MOPO</jats:sc>), which replaced <jats:sc>POSA</jats:sc> is as unconstitutional as its predecessor. It is argued that by enacting <jats:sc>MOPO</jats:sc>, the State effectively demonstrated that it was determined to shrink the existing human rights in Zimbabwe.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"4 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138515676","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
Analysis of the Right to Protest and Freedom of Assembly in Selected African Countries with a Focus on Nigeria 部分非洲国家的抗议权和集会自由分析(以尼日利亚为例)
IF 0.2
African Journal of Legal Studies Pub Date : 2023-11-24 DOI: 10.1163/17087384-12340099
Adetutu Deborah Aina-Pelemo
{"title":"Analysis of the Right to Protest and Freedom of Assembly in Selected African Countries with a Focus on Nigeria","authors":"Adetutu Deborah Aina-Pelemo","doi":"10.1163/17087384-12340099","DOIUrl":"https://doi.org/10.1163/17087384-12340099","url":null,"abstract":"The derivative rights of citizens to protest and join fellow citizens in peaceful assembly are critical to a functioning democracy. However, the violation of this right by the institutional authority in-charge of its implementation is becoming worrisome. This study seeks to address the violation of fundamental human rights to peaceful assembly vis-à-vis the civil liberty to protest. Notable peaceful protest demonstrations in developed countries, Nigeria and other African countries were examined. Special attention was given to how the protests were conducted and the reaction of governments of these various nations to the demonstrations. The desk-based, doctrinal and qualitative methods which are analytical and expository in nature were adopted as the means of sourcing information. It was found among others, that government agencies are not the only ones guilty of this violation, but government directly and indirectly suppresses this right. To this end, the study recommends among others that beyond modeling after developed democracies, the African countries, specifically the Nigerian government should ensure the implementation of existing legal framework on the subject matter. Furthermore, the police officers should only take an observatory posture during protests and assemblies unless there is apparent reason to act in the interest of the public order.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"12 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138515679","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
Regime Shifting by Multinational Corporations within Constitutional Courts in Developing Countries: Analysing Tobacco Litigation 发展中国家宪法法院内跨国公司的制度转移：烟草诉讼分析
IF 0.2
African Journal of Legal Studies Pub Date : 2023-11-22 DOI: 10.1163/17087384-12340097
S. Sekalala, Diya Uberoi
{"title":"Regime Shifting by Multinational Corporations within Constitutional Courts in Developing Countries: Analysing Tobacco Litigation","authors":"S. Sekalala, Diya Uberoi","doi":"10.1163/17087384-12340097","DOIUrl":"https://doi.org/10.1163/17087384-12340097","url":null,"abstract":"Increasing awareness of the harms associated with tobacco led governments around the world to introduce a range of measures, from smoke free laws to restrictions in the advertisement of tobacco products, especially in the wake of signing the Framework Convention on Tobacco Control (FCTC). The tobacco industry began challenging this growth of regulation in international courts and courts in developed countries. More recently, they have brought the fight to low- and middle-income countries. Using constitutional case analysis from tobacco litigation in South Africa, India, Uganda and Kenya, this article argues that there is increasing evidence that tobacco companies are engaged in vertical forum shifting through a reappropriation of constitutional rights from corporations. This we argue, has had an adverse impact on human rights in low- and middle-income countries. We end this article by boldly calling on courts to find (and limit) the kinds of rights that are to apply to corporations.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139250032","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
Punishment before Trial: The Case for Reforming Pretrial Detention in Nigeria 审前处罚:尼日利亚审前拘留改革案例
IF 0.2
African Journal of Legal Studies Pub Date : 2023-07-03 DOI: 10.1163/17087384-bja10081
Chuka Arinze-Onyia
{"title":"Punishment before Trial: The Case for Reforming Pretrial Detention in Nigeria","authors":"Chuka Arinze-Onyia","doi":"10.1163/17087384-bja10081","DOIUrl":"https://doi.org/10.1163/17087384-bja10081","url":null,"abstract":"\u0000In decent society, before a person is punished, they must have committed a crime. The laws of democratic countries prohibit punishment before trial. In Nigeria, that prohibition is contained in the constitution which grants everyone accused of crime, the right to a fair trial and the right to be presumed innocent until otherwise is proven. This paper tries to show that despite these constitutional protections given to all persons in Nigeria, pretrial detainees who are merely accused of crimes suffer extremely punitive conditions before they are subjected to a trial. This paper demonstrates the failure of the Nigerian pretrial detention system to protect the dignity of pretrial detainees whose guilt has not been proved before a court. At the end, this paper draws ideas from Ghana and United States of America, of reforms that could help Nigeria fix its broken pretrial detention system.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48748565","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
Right to Development Governance: A Policy Proposition for the Kingdom of Lesotho 发展权治理：莱索托王国的一项政策主张
IF 0.2
African Journal of Legal Studies Pub Date : 2023-07-03 DOI: 10.1163/17087384-bja10083
Carol Chi NGANG, Itumeleng Shale, D. Yuni, Seroala Tsoeu-Ntokoane
{"title":"Right to Development Governance: A Policy Proposition for the Kingdom of Lesotho","authors":"Carol Chi NGANG, Itumeleng Shale, D. Yuni, Seroala Tsoeu-Ntokoane","doi":"10.1163/17087384-bja10083","DOIUrl":"https://doi.org/10.1163/17087384-bja10083","url":null,"abstract":"\u0000In this article, we advance a right to development governance policy proposition for the Kingdom of Lesotho. Contrary to the grim realities that portray Lesotho as landlocked and least developed, the country presents enormous potential, which with the correct policy choices, can radically transform the development landscape across the country. To harness Lesotho’s multiple development futures with strategic foresight entails blending futures analysis with scenario development modelling, absent which is bound to produce ambiguities in policy formulation. From a blend of perspectives in law, economics and political science, we inquire whether an alternative model could produce transformative development deliverables in Lesotho. Drawing from the modelling of three development scenarios, we argue in favour of the right to development governance model, which we find more pragmatic, with the potential to respond to Lesotho’s situational realities.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49345243","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
Labour Rights as Human Rights: Advancing the Positivists’ Argument 劳工权利即人权:推进实证主义者的论证
IF 0.2
African Journal of Legal Studies Pub Date : 2023-07-03 DOI: 10.1163/17087384-bja10082
E. Emudainohwo
{"title":"Labour Rights as Human Rights: Advancing the Positivists’ Argument","authors":"E. Emudainohwo","doi":"10.1163/17087384-bja10082","DOIUrl":"https://doi.org/10.1163/17087384-bja10082","url":null,"abstract":"\u0000The question whether labour rights are human rights has provoked a lot of debate among scholars. Surveying the literature, three different approaches are identified namely, Instrumental Approach, Normative Approach and Positive Approach. These approaches are outlined to navigate the discussion herein. The paper supports, explores and develops the Positive Approach with reference to the principle of ‘indivisibility of rights. It used Amartya Sen’s view on indivisibility of rights as a framework and argues that some human rights instruments not only contain labour rights, but also propagate the indivisibility of rights. If rights are indivisible as expressed in such human rights treaties, then labour rights can be enforced as human rights. Regarding the indivisibility of rights, the African (Banjul) Charter is used to project the argument and to set the limit of the paper.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64580196","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
Sustainable Internal Security in Nigeria: Any Role for International Human Rights Law? 尼日利亚的可持续国内安全:国际人权法的作用?
IF 0.2
African Journal of Legal Studies Pub Date : 2023-07-03 DOI: 10.1163/17087384-bja10080
Somadina Ibe-Ojiludu
{"title":"Sustainable Internal Security in Nigeria: Any Role for International Human Rights Law?","authors":"Somadina Ibe-Ojiludu","doi":"10.1163/17087384-bja10080","DOIUrl":"https://doi.org/10.1163/17087384-bja10080","url":null,"abstract":"\u0000Since Nigeria’s restoration to democracy in 1999, the country has never faced the same level of internal security threat as it does now, including threats from Boko Haram rebels, herdsmen and bandits. This paper argued that the problem of internal insecurity in Nigeria is a symptom of a failed state and that this can be remedied by the adoption of the concept of new approach to security in international law which essentially entails enthroning a regime of human rights protection in the country. The paper discovered that in Nigeria the number of human rights recognised in each generation of rights is not exhaustive enough. The paper further found, among other things, that Nigeria’s Fundamental Rights (Enforcement Procedure) Rule, 2009 does not give effect to internationally-recognized Rights that are uncaptured or weakly captured in Nigeria’s municipal law. The paper utilised the doctrinal methodology.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45775421","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
Beyond the Universalist and Cultural Relativist Debate 超越普遍主义与文化相对主义之争
IF 0.2
African Journal of Legal Studies Pub Date : 2023-07-03 DOI: 10.1163/17087384-bja10079
Adetokunbo Johnson
{"title":"Beyond the Universalist and Cultural Relativist Debate","authors":"Adetokunbo Johnson","doi":"10.1163/17087384-bja10079","DOIUrl":"https://doi.org/10.1163/17087384-bja10079","url":null,"abstract":"\u0000This article explores how the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (The Protocol or African Women’s Protocol), concerned with realising gender equality in Africa, can guarantee gender equality yet retain African women’s valued cultural identity within customary African marriages. These marriages have certain cultural practices that are fundamental to their existence. This exploration is significant, bearing in mind the tensions raised by the contentious universalist versus cultural relativist debates on how human rights are understood. These tensions are evident where on the one hand, universalists argue that certain cultural practices that usually occur within customary African marriages undermine gender equality. On the other hand, cultural relativists maintain that these customary marriage practices are culturally acceptable and integral to the cultural identity of African women. Based on these contentions, this article identifies the Protocol’s strategies employed to douse these tensions within the customary African marriage context. These strategies are determined by examining the treaty’s marriage-related obligations outlined in Article 6 (a–c).","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47194940","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
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