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African Journal of Legal Studies最新文献

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Transition to the Fourth Industrial Revolution: Africa’s Science, Technology and Innovation Framework and Indigenous Knowledge Systems 向第四次工业革命过渡:非洲的科学、技术和创新框架以及本土知识体系
IF 0.2
African Journal of Legal Studies Pub Date : 2022-07-23 DOI: 10.1163/17087384-bja10058
Chidi Oguamanam
{"title":"Transition to the Fourth Industrial Revolution: Africa’s Science, Technology and Innovation Framework and Indigenous Knowledge Systems","authors":"Chidi Oguamanam","doi":"10.1163/17087384-bja10058","DOIUrl":"https://doi.org/10.1163/17087384-bja10058","url":null,"abstract":"Despite elaborate efforts at Science Technology and Innovation (<jats:sc>STI</jats:sc>) policy enunciation, Africa has yet to optimally engage with how best to locate and position Indigenous or traditional knowledge (<jats:sc>IK</jats:sc>/<jats:sc>TK</jats:sc>) and its stakeholders in the new and emergent technological dynamics often designated as the fourth industrial revolution (4IR) and its bioeconomy components. Given the disconnect over <jats:sc>IK</jats:sc>/<jats:sc>TK</jats:sc> systems in African <jats:sc>STI</jats:sc> policy instruments, the paper argues for a deliberate Indigenous knowledge sensitive continental <jats:sc>STI</jats:sc> strategy without excluding integral opportunities in other realms such as intellectual property. Such approach to <jats:sc>STI</jats:sc> is necessary to ensure that Africa is well positioned to leverage and optimise its factor endowments in Indigenous knowledge and underlying systems for its production. Indigenous knowledge is crucial for continental Africa’s participation and ability to benefit from all facets of knowledge production under the 4IR innovation ecosystem. The significance of Indigenous knowledge and its ramification for <jats:sc>STI</jats:sc> in Africa continues to resonate in the context of the push for equitable access to the benefits of science, technology and innovation especially taking into account the bioeconomy adjunct of the 4IR.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"64 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138515685","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
Recognition of the Rights of Taxpayers: Perspectives and Prospects 纳税人权利的承认：前景与展望
IF 0.2
African Journal of Legal Studies Pub Date : 2022-07-01 DOI: 10.1163/17087384-bja10069
Ifeanyichukwu Azuka Aniyie
{"title":"Recognition of the Rights of Taxpayers: Perspectives and Prospects","authors":"Ifeanyichukwu Azuka Aniyie","doi":"10.1163/17087384-bja10069","DOIUrl":"https://doi.org/10.1163/17087384-bja10069","url":null,"abstract":"\u0000 This article evaluates specific powers, policies and processes (which includes the tax refund process, the pay-before-argument rule and the power of substitution) of the Nigerian tax system against the backdrop of the right to property and the right to life enshrined in the Constitution of the Federal Republic of Nigeria 1999 (CFRN). It argues that these rights are infringed on by Federal Inland Revenue Service (FIRS) powers, policies and processes, and it concludes that the recognition of these rights in the course of the administration of the tax system has implications on compliance, revenue and the development of Nigeria.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46270559","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 ECOWAS Court and Civil Society Activists in Nigeria: An Anatomy and Analysis of a Robust Symbiosis 西非经共体法院与尼日利亚民间社会活动家:对强健共生关系的剖析与分析
IF 0.2
African Journal of Legal Studies Pub Date : 2022-05-31 DOI: 10.1163/17087384-bja10068
O. Okafor, U. Owie, Okechukwu Effoduh, Rahina Zarma
{"title":"The ECOWAS Court and Civil Society Activists in Nigeria: An Anatomy and Analysis of a Robust Symbiosis","authors":"O. Okafor, U. Owie, Okechukwu Effoduh, Rahina Zarma","doi":"10.1163/17087384-bja10068","DOIUrl":"https://doi.org/10.1163/17087384-bja10068","url":null,"abstract":"\u0000This article focuses on, and attempts to explain, two key aspects of the relationship between the Community Court of Justice of the Economic Community of West African States or ECOWAS Court and Nigerian civil society activists or CSA s. It analyses the available evidence on the ways in which these CSA s have contributed – to the generation of this regional court’s impact on the executive, judicial and legislative branches of government in Nigeria as well as analyses the available evidence regarding the impact that the court – through a combination of its design, orientation and decisions – has in turn had on the conception and dramatisation of civil society activism in Nigeria. The article develops an analytical explanation for the emergence and sustenance of the robust symbiosis that is thus revealed between the Court and this specific but important national community of civil society activists.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44432319","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
Utilitarianism: Merging the Dichotomy between Nationalist and Internationalist Conception of Cultural Property 功利主义:融合民族主义与国际主义文化财产观念的二分法
IF 0.2
African Journal of Legal Studies Pub Date : 2022-05-20 DOI: 10.1163/17087384-bja10067
Afolasade Abidemi Adewumi
{"title":"Utilitarianism: Merging the Dichotomy between Nationalist and Internationalist Conception of Cultural Property","authors":"Afolasade Abidemi Adewumi","doi":"10.1163/17087384-bja10067","DOIUrl":"https://doi.org/10.1163/17087384-bja10067","url":null,"abstract":"The quest for the restitution of cultural property has not been an easy endeavour. Despite the availability of multiple legal regimes securing various channels for the restitution of cultural property, improvement has been quite sluggish. This article argues that the debacle to the restitution process lies in the simultaneous operation of two diametrically opposed conceptions of cultural property- the nationalist and internationalist schools of thought. The 1954 Hague Convention sees cultural property as the cultural heritage of all mankind whilst the 1970 Convention takes the view that it is the cultural heritage designated by each country. These two approaches have been used to characterise nations theoretically in the international arena into source nations with nationalistic interests and market nations with international concerns. The conflict between both conceptions of cultural property becomes evident where the nationalists seek to employ legal and extra-legal means to protect their cultural heritage and facilitate their return and restitution; whereas, internationalists sabotage these efforts on the ground that cultural heritage is the common heritage of mankind thereby contradicting the notion of return. This article finds that although both schools of thought have divergent propositions, they nonetheless share a common theoretical underpinning- utilitarianism, which validates their respective ideologies. Since utilitarianism supports the maximisation of the overall happiness of a collective group, nationalists can predicate the protection of their cultural heritage on the need to secure this happiness just like the internationalists. This article, therefore, seeks to examine if the common theoretical foundation which both schools of thought share can serve as a reconciliatory tool that bridges the gap between them towards the promotion of the interest of the international community in protecting cultural heritage.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"22 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138542586","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
‘Not Water or Air’: The Legality of Network Disruptions in Ethiopia “不是水也不是空气”:埃塞俄比亚网络中断的合法性
IF 0.2
African Journal of Legal Studies Pub Date : 2022-05-11 DOI: 10.1163/17087384-bja10066
K. Yilma
{"title":"‘Not Water or Air’: The Legality of Network Disruptions in Ethiopia","authors":"K. Yilma","doi":"10.1163/17087384-bja10066","DOIUrl":"https://doi.org/10.1163/17087384-bja10066","url":null,"abstract":"\u0000Network disruption has become commonplace in Ethiopia in the past few years. Be it for preventing exam leaks, the spread of disinformation, or to fight off cyber-attacks, the government has repeatedly disrupted communication networks. However, the legal basis with which the government often shuts down the Internet or disrupts other means of digital communications remains unclear. Despite a recent attempt by the Federal Attorney General to offer some legal justification, the legality of network disruptions under Ethiopia law is questionable. This short article considers the legality of network disruptions under Ethiopian law. Having rejected the legal justifications of the Attorney General, this article argues that the current cybercrime legislation offers a rather sound legal basis for certain forms of network disruption in Ethiopia. It further considers the pertinence of rules dealing with network disruption introduced in the cybercrime Bill (2020). The article suggests that the Bill’s network disruption rules are mostly progressive, but there remains the need for a freestanding legal framework equipped with appropriate safeguards against arbitrary practices.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45512575","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
Zimbabwe’s Contribution to the Transnational Judicial Dialogue on Corporal Punishment 津巴布韦对跨国体罚司法对话的贡献
IF 0.2
African Journal of Legal Studies Pub Date : 2022-04-05 DOI: 10.1163/17087384-bja10065
Andrew Novak
{"title":"Zimbabwe’s Contribution to the Transnational Judicial Dialogue on Corporal Punishment","authors":"Andrew Novak","doi":"10.1163/17087384-bja10065","DOIUrl":"https://doi.org/10.1163/17087384-bja10065","url":null,"abstract":"\u0000 On April 3, 2019, the Zimbabwe Constitutional Court found unconstitutional moderate corporal punishment on a juvenile male in State v Chokuramba. The decision in Chokuramba was a victory for transnational human rights litigation, as the Court widely cited and applied international and foreign law to discern a global trend, especially the precedents of near neighbors Namibia and South Africa in an important example of South-South dialogue. This article views litigation as a method of norm diffusion, in which transnational litigators serve as norm entrepreneurs who articulate and advance a right through international and foreign legal citations. In pleadings, whether as counsel, amici, or third-party intervenors, lawyers advance human rights norms by building a body of comparative jurisprudence that can be cited in later cases. Chokuramba was a foundational precedent in a Commonwealth-wide “norm cascade” toward abolition of judicial corporal punishment for juveniles.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41910593","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 Imperative of Engendering an Egalitarian Legal Framework for the Protection of Female Employees’ Rights in Nigeria 尼日利亚必须建立一个平等的法律框架来保护女雇员的权利
IF 0.2
African Journal of Legal Studies Pub Date : 2022-03-25 DOI: 10.1163/17087384-bja10062
D. Eyongndi
{"title":"The Imperative of Engendering an Egalitarian Legal Framework for the Protection of Female Employees’ Rights in Nigeria","authors":"D. Eyongndi","doi":"10.1163/17087384-bja10062","DOIUrl":"https://doi.org/10.1163/17087384-bja10062","url":null,"abstract":"\u0000 This article through doctrinal approach, examines both international and domestic legal frameworks (International Labour Organization Equal Remuneration Convention 1951, Discrimination (Employment and Occupation) Convention 1958, Maternity Protection Convention 1952, Beijing Declaration, Universal Declaration of Human Rights, 1948, African Charter on Human and Peoples Rights, 1988, Protocol to the African Charter on Human and People’s Rights on the Right of Women in Africa, Convention on the Elimination of all forms of Discrimination against Women, 1999 Constitution, Employee Compensation Act, etc that protect female employees rights in Nigeria. It discusses “right” and general employees’ rights in Nigeria howbeit tangentially. It discusses Nigeria’s female employees’ rights and evaluates the laws on general employees’ rights and found that, the vulnerability and peculiarities of female employees, precipitated by their multiple roles in not well recognized and protected under Nigerian labour law when compared with international instrument. It makes vital recommendations on way forward.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45177476","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
Habeas Corpus as a Remedy for Deprivation of the Right to Personal Liberty: Contemporary Developments in Lesotho 人身保护令作为剥夺人身自由权的补救措施:莱索托的当代发展
IF 0.2
African Journal of Legal Studies Pub Date : 2022-03-25 DOI: 10.1163/17087384-bja10064
C. Okpaluba, A. Nwafor
{"title":"Habeas Corpus as a Remedy for Deprivation of the Right to Personal Liberty: Contemporary Developments in Lesotho","authors":"C. Okpaluba, A. Nwafor","doi":"10.1163/17087384-bja10064","DOIUrl":"https://doi.org/10.1163/17087384-bja10064","url":null,"abstract":"\u0000 Long before the inclusion of bills of rights in written constitutions, the common law had great regard for the personal liberty of the individual. This was realised through the writ of habeas corpus which was available to protect anyone unlawfully deprived of their liberty. This ancient writ has not only survived at common law; it also remains active in contemporary judicial pronouncements. The writ has received acceptance by modern constitutions in different countries as a fundamental right enforcement process. This article examines the judicial application of that process in Lesotho within the constitutional framework of the protection of the right to personal liberty; depicting the acceptable parameters as would make the reliance on that process by individuals and the courts a more effective tool in affording reliefs to persons who are deprived of their constitutionally protected personal freedom.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48171363","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
Life-or-death decisions in a pandemic. 大流行病中的生死抉择。
IF 82.9
African Journal of Legal Studies Pub Date : 2022-03-14 DOI: 10.1038/d41591-022-00041-z
Karen O'Leary
{"title":"Life-or-death decisions in a pandemic.","authors":"Karen O'Leary","doi":"10.1038/d41591-022-00041-z","DOIUrl":"10.1038/d41591-022-00041-z","url":null,"abstract":"","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":82.9,"publicationDate":"2022-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84620263","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
A Future of Justice Inclusion: Examining Access to Justice in South Africa through the ‘Ethic of Care’ and ‘Complexity’ 司法包容的未来：通过“关怀伦理”和“复杂性”审视南非诉诸司法的机会
IF 0.2
African Journal of Legal Studies Pub Date : 2022-03-09 DOI: 10.1163/17087384-bja10063
Jackie Nagtegaal, Y. Jooste
{"title":"A Future of Justice Inclusion: Examining Access to Justice in South Africa through the ‘Ethic of Care’ and ‘Complexity’","authors":"Jackie Nagtegaal, Y. Jooste","doi":"10.1163/17087384-bja10063","DOIUrl":"https://doi.org/10.1163/17087384-bja10063","url":null,"abstract":"\u0000In South Africa, a number of obstructions exist to realising the right to access to justice as enshrined by section 34 of the South African constitution. Globally, many countries grapple with access to justice due to a number of multi-layered and complex causes. This article explores traces, connections, definitions and perceptions related to access to justice so as to allow for a deeper understanding of persisting justice problems. It employs a multi-disciplinary approach that examines worldviews on access to justice in South Africa through the lens of what Sohail Inayatullah terms ‘other ways of knowing’. These worldviews are also considered through the framework of the ‘ethic of care’ as formulated by Carol Gilligan and connected to the notion of ‘complexity’ as understood by Yvonne Malan and Paul Cilliers. The worldviews explored represent ‘different voices’ that discloses a possibility for a future of justice inclusion. The article calls for a people-centred approach to access of justice, underpinned by notions of humility, complexity, concreteness, and particularity.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45314132","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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