African Journal of Legal Studies最新文献_第3页

Envisioning the Effective Implementation of the Marrakesh Treaty For Blind, Visually Impaired and Print-Disabled Individuals in Mauritius 设想在毛里求斯有效执行《关于盲人、视力障碍者和印刷品阅读障碍者的马拉喀什条约》

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African Journal of Legal Studies Pub Date : 2023-04-13 DOI: 10.1163/17087384-bja10077

N. R. Purmah

{"title":"Envisioning the Effective Implementation of the Marrakesh Treaty For Blind, Visually Impaired and Print-Disabled Individuals in Mauritius","authors":"N. R. Purmah","doi":"10.1163/17087384-bja10077","DOIUrl":"https://doi.org/10.1163/17087384-bja10077","url":null,"abstract":"\u0000The Marrakesh Treaty has been hailed as the key to unlocking the door for visually impaired or print-disabled individuals to have more equitable access to published works. Its most innovative aspect resides in its provision of mandatory copyright exceptions with a view of facilitating the cross-border exchange of published works in accessible format for individuals with print disabilities. This could have far-reaching benefits in terms of closing the gap on the book famine for visually impaired persons worldwide, in particular in developing nations such as the Republic of Mauritius. While Mauritius has ratified the Marrakesh Treaty on 11 January 2021, it has only entered into force on 11 April 2021. It is therefore well-timed to examine to what extent can the Marrakesh Treaty be effectively implemented for print-disabled individuals in Mauritius to enjoy their rights to access information and to participation in cultural life on an equal basis with others. First, the paper will provide a contextual exploration of the rationale behind the development and adoption of the Marrakesh Treaty, and then turn to a legal and policy analysis of the substantive provisions of the treaty. Second, the paper will elaborate on a human rights framework for copyright. Finally, the paper will provide significant legal and policy recommendations for both state and non-state actors to fully and meaningfully give effect to the treaty, including through the development of a clear action plan, and the role of governmental and non-governmental stakeholders in facilitating access to published works for print-disabled individuals in Mauritius.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47746853","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

The Conundrum of Two Fellows in The Same Ship: A Comparative Legal Analysis of The Duplicity of Damages in South Africa 同一条船上的两个人的难题:南非双重损害赔偿的比较法律分析

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African Journal of Legal Studies Pub Date : 2023-04-13 DOI: 10.1163/17087384-bja10076

Bronwyn Le-Ann Batchelor, Shelton Tapiwa Mota Makore

{"title":"The Conundrum of Two Fellows in The Same Ship: A Comparative Legal Analysis of The Duplicity of Damages in South Africa","authors":"Bronwyn Le-Ann Batchelor, Shelton Tapiwa Mota Makore","doi":"10.1163/17087384-bja10076","DOIUrl":"https://doi.org/10.1163/17087384-bja10076","url":null,"abstract":"\u0000South African law recognizes the common law right of the plaintiff to institute a claim for damages arising from loss caused by the delictual conduct of the defendant. In addition to the claim for common law damages for pain and suffering, insult, shock, past and future medical expenses, and loss of enjoyment of the amenities of life, depending on the nature of the delict, the plaintiff also has the right to claim constitutional damages for the infringement of constitutional rights. On that score, the South African Constitution, 1996 empowers the courts to ‘grant appropriate relief’ and to make ‘just and equitable’ orders in the context of common law and constitutional damages. This has resulted in the duplicity of damages in our law without clear guidance on how these two delictual “fellows” should interact in practical scenarios. Further, the courts have dragged their feet when it comes to the application of constitutional damages largely due to their orthodox approach which militates against the development of constitutional damages in South Africa. This article proposes avenues which enable the courts to take a coordinated approach in the application of these two remedies. It argues that in determining quantum for damages, the court should take a functional and pragmatic approach which is based on the ethos of fairness and equity over and above common law tenets.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44812916","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

Credible Commitment or Sham Devotion to the International Criminal Court: Whither Nigeria, Kenya and Uganda? 国际刑事法院:尼日利亚、肯尼亚和乌干达何去何从?

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African Journal of Legal Studies Pub Date : 2023-04-13 DOI: 10.1163/17087384-bja10078

S. Anya, Adrian Osuagwu, E. Onyeabor, J. Okubuiro, Matthew Nwankwo, Daniel Onyeonagu, I. Enemo

{"title":"Credible Commitment or Sham Devotion to the International Criminal Court: Whither Nigeria, Kenya and Uganda?","authors":"S. Anya, Adrian Osuagwu, E. Onyeabor, J. Okubuiro, Matthew Nwankwo, Daniel Onyeonagu, I. Enemo","doi":"10.1163/17087384-bja10078","DOIUrl":"https://doi.org/10.1163/17087384-bja10078","url":null,"abstract":"\u0000There is a pattern of inconsistent behaviour among some African states towards the International Criminal Court (ICC) showing credible commitment and sham devotion. This study poses a question: what will be of the status of Nigeria, Kenya and Uganda (the Triad) vis-à-vis the ICC by the end of 2023, considering the pattern of behaviour of these states so far, evidence from data and the spate of domestication and exit procedures in homogeneous African states in contemporary times? The objectives of the study are to predict the status of the Triad by 2023 and reflect on the implication of the predictions for the on-going viability, sustainability and credibility challenges facing the ICC in Africa. The study finds that: the pattern of Nigeria’s behaviour shows sham devotion and predicts that she will not domesticate the Rome Statute come 2023; the pattern of Kenya’s behaviour straddles credible commitment and sham devotion and she may maintain her membership of the ICC by 2023; the pattern of Uganda’s behaviour shows fairly credible commitment mixed with sham devotion and she will maintain her membership of the Statute come 2023. These predictions have implications on the ongoing viability, sustainability and credibility challenges facing the ICC in Africa.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47303422","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}

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Role of Gender Policies and Laws in Enhancing Women’s Participation in the Resolution of Land Conflicts 性别政策和法律在促进妇女参与解决土地冲突中的作用

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African Journal of Legal Studies Pub Date : 2023-03-03 DOI: 10.1163/17087384-bja10071

Benson Mutuku, A. Krumeich, J. Alaii, Borne Hubertus van den, I. Westendorp

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Front matter 前页

African Journal of Legal Studies Pub Date : 2023-01-13 DOI: 10.1163/17087384-01501000

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The Excluded Population: Indigenous Peoples’ Right to Health in Cameroon 被排斥的人口：喀麦隆土著人民的健康权

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African Journal of Legal Studies Pub Date : 2023-01-11 DOI: 10.1163/17087384-bja10074

E. Njieassam

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Mechanisms Used by Multinational Oil Companies to Derail Human Rights and Environmental Litigations Arising from the Niger Delta 跨国石油公司用以破坏尼日尔三角洲地区人权和环境诉讼的机制

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African Journal of Legal Studies Pub Date : 2023-01-04 DOI: 10.1163/17087384-bja10075

Nkem Violet Ochei, Elimma C. Ezeani, Craig Anderson

{"title":"Mechanisms Used by Multinational Oil Companies to Derail Human Rights and Environmental Litigations Arising from the Niger Delta","authors":"Nkem Violet Ochei, Elimma C. Ezeani, Craig Anderson","doi":"10.1163/17087384-bja10075","DOIUrl":"https://doi.org/10.1163/17087384-bja10075","url":null,"abstract":"\u0000Multinational oil companies (MNOCs) usually claim that they have several obligations to protect human rights and the environment where they operate and to resolve any disputes with local communities arising from their operations in the shortest possible time. However, the combative approach taken by MNOCs (e.g. several interlocutory appeals, challenging the legal standing of plaintiffs) during human rights and environmental litigations undermines these obligations because it continually denies, delays, and derails justice for the local communities. The aim of this paper is to discuss the mechanisms used by MNOCs to derail human rights and environmental litigations arising from the Niger Delta. This paper uses a comparative legal approach combined with a cross-case analysis of a selection of transnational litigations to highlight several mechanisms that fall into eight (8) categories related to oil operations – transparency, disclosure, bribery and corruption, labour/employee rights, safety and security, delays in litigations, pollution, remediation and compensation. The paper concludes that mechanisms used by MNOCs (e.g., Shell), as indicated in recent ligations arising from the Niger Delta, are at odds with their human rights obligations, thus affecting effective remedies for the people whose human rights have allegedly been affected by corporate conduct.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47505093","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 Banks: A Case for Interagency Collaboration to Combat Trade-based Money Laundering in Africa 《超越银行:跨部门合作打击非洲贸易洗钱的案例》

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African Journal of Legal Studies Pub Date : 2022-10-14 DOI: 10.1163/17087384-bja10070

Nkechikwu Valerie Azinge-Egbiri

{"title":"Beyond Banks: A Case for Interagency Collaboration to Combat Trade-based Money Laundering in Africa","authors":"Nkechikwu Valerie Azinge-Egbiri","doi":"10.1163/17087384-bja10070","DOIUrl":"https://doi.org/10.1163/17087384-bja10070","url":null,"abstract":"\u0000Regulation regarding trade-based money laundering (TBML) has focused mainly on documentary trade financing arrangements, which are bank intermediated. Yet, African countries predominantly employ alternative forms of trade financing models that span beyond banks’ usual purview. These alternative models are supported by many actors across the supply chain that are not holistically supervised given the fragmented regulatory framework at the global and domestic levels. In contending that TBML significantly undermines intra-African trade and therefore amounts to a non-tariff barrier (NTB) to trade, this article challenges the need for globally transplanted solutions to address TBML. Rather, it argues for the introduction of new approach: a country focused experimental legislation that facilitates inter-agency collaboration beyond banks. This approach would ensure a homegrown, responsive, and legitimate framework that encompasses currently un-supervised actors. It contends that if the experimental legislation works at a country level, it may then be cascaded to the African Union level for contextual adaptability across other African countries.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46267012","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}

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Casting a Constitutional Light on the Cultural Defence in South African Criminal Law 从宪法视角审视南非刑法中的文化辩护

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African Journal of Legal Studies Pub Date : 2022-10-14 DOI: 10.1163/17087384-bja10073

Jacques Matthee

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A Legal Analysis of the Protection of the Rights of Persons with Disabilities During the COVID-19 Pandemic in Nigeria 新冠肺炎疫情期间尼日利亚残疾人权利保护的法律分析

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African Journal of Legal Studies Pub Date : 2022-10-03 DOI: 10.1163/17087384-bja10072

O. Animashaun, Howard Chitimira

{"title":"A Legal Analysis of the Protection of the Rights of Persons with Disabilities During the COVID-19 Pandemic in Nigeria","authors":"O. Animashaun, Howard Chitimira","doi":"10.1163/17087384-bja10072","DOIUrl":"https://doi.org/10.1163/17087384-bja10072","url":null,"abstract":"\u0000Persons with disabilities are often discriminated against in society on the basis and/or grounds such as race, ethnicity, cultural beliefs, as well as religious beliefs. Moreover, there is a general negative societal attitude and a negative perception against persons with disabilities globally. For instance, persons with disabilities are negatively treated as a charitable problem of the society in many countries, including Nigeria. This approach could have deliberately or inadvertently led to the omission of the specific rights of persons with disabilities from the list of fundamental rights under the Nigerian Constitution, 1999. However, the recent enactment of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, could be a positive step in addressing numerous challenges such as poverty, unemployment, discrimination, and health care problems that are faced by persons with disabilities in Nigeria, especially in the wake of the novel coronavirus (COVID-19) pandemic. Against this background, the article discusses the challenges that are encountered by persons with disabilities in Nigeria during the COVID-19 pandemic. This is undertaken to, inter alia, assess the adequacy of the legal and constitutional protection on the rights of persons with disabilities, especially during the ongoing COVID-19 pandemic in Nigeria. Moreover, the flaws and gaps in the current legal and constitutional regime for the protection of the rights of persons with disabilities in Nigeria are discussed. Thereafter, possible recommendations to curb such flaws in Nigeria are provided.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48706775","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