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A Review of the Social Justice Function of Clinical Legal Education in Africa 非洲临床法学教育的社会公正功能述评
IF 0.2
African Journal of Legal Studies Pub Date : 2022-01-24 DOI: 10.1163/17087384-12340088
Anne Kotonya
{"title":"A Review of the Social Justice Function of Clinical Legal Education in Africa","authors":"Anne Kotonya","doi":"10.1163/17087384-12340088","DOIUrl":"https://doi.org/10.1163/17087384-12340088","url":null,"abstract":"\u0000 This article investigates the developments in the social justice function of clinical legal education in African countries. It is based on a systematic review conducted to provide conceptual, methodological and thematic guidance into scholarship on the utilisation of clinical legal education in African countries to meet justice needs of the indigent in society. The results are analysed and clustered into themes about scholarship on the law school, the university law clinic and challenges encountered in this endeavour. The narrative findings suggest an increased application of clinical legal education as a result of reforms in African law schools although this increase is not supported by a corresponding increase in related research and publication. The article therefore highlights gaps in knowledge and delineates a future trajectory by making suggestions for further research.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44850233","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
Regulation of Competition in the Telecommunications Sector: A Comparative Study of the Korean and Nigerian Legal Regimes 电信行业竞争监管：韩国和尼日利亚法律制度的比较研究
IF 0.2
African Journal of Legal Studies Pub Date : 2021-12-27 DOI: 10.1163/17087384-bja10056
K. Anele, Wiseman Ubochioma
{"title":"Regulation of Competition in the Telecommunications Sector: A Comparative Study of the Korean and Nigerian Legal Regimes","authors":"K. Anele, Wiseman Ubochioma","doi":"10.1163/17087384-bja10056","DOIUrl":"https://doi.org/10.1163/17087384-bja10056","url":null,"abstract":"\u0000The liberalisation of telecommunications sectors in many countries has brought with it the need to regulate and develop regulatory models for competition. South Korea and Nigeria followed the liberalisation trend of the telecommunications markets in late 1980s and 1990s. Both countries have also established competition laws and adopt various regulatory models. This paper, through a comparative analysis, examines how both countries regulate competition in their telecommunications markets. It argues that their regulatory models have merits and demerits which may affect efficient regulation of competition in the industry. It concludes that notwithstanding the pros and cons of their regulatory models, the regulatory choices are tailored to meet the peculiarities of their markets and reflect the environment in which they are used. Also, the Nigerian model reflects its slow level of telecommunication development and the more sophisticated the industry becomes, it becomes imperative for its regulatory regime to become sector-specific.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46882201","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 Socialization of Human Rights and The African Human Rights Action Plan: Issues, Challenges and Opportunities 人权社会化与非洲人权行动计划：问题、挑战和机遇
IF 0.2
African Journal of Legal Studies Pub Date : 2021-12-21 DOI: 10.1163/17087384-bja10060
Ibironke T. Odumosu-Ayanu, O. Okafor, S. Bawa
{"title":"The Socialization of Human Rights and The African Human Rights Action Plan: Issues, Challenges and Opportunities","authors":"Ibironke T. Odumosu-Ayanu, O. Okafor, S. Bawa","doi":"10.1163/17087384-bja10060","DOIUrl":"https://doi.org/10.1163/17087384-bja10060","url":null,"abstract":"\u0000This article critically analyzes human rights socialization in Africa through the lens of the draft African Human Rights Action Plan (AHRAP). It argues that the AHRAP presents a framework for human rights socialization, and it speaks to human rights socialization in distinctive ways. The article demonstrates that the AHRAP relies on African and international influences and seeks to propagate norms inspired by these influences. It analyzes three key issues from the AHRAP and discusses how those issues shape understanding of continental human rights socialization in Africa. These issues are the multiple roles and positions of the African Union, the identity of actors to whom socialization processes apply or ought to apply, and the nature of norms which are the focus of socialization efforts. The article’s analysis of these issues along with the AHRAP’s reliance on African and other influences reveal a path for human rights socialization in Africa that is both challenging and promising.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48404373","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 the Basis for the Increasing Medical Negligence Claims in South Africa 探讨南非医疗过失索赔增加的原因
IF 0.2
African Journal of Legal Studies Pub Date : 2021-12-14 DOI: 10.1163/17087384-12340090
R. Matumba, A. Nwafor, Edward V. Lubisi, Koboro J. Selala
{"title":"Exploring the Basis for the Increasing Medical Negligence Claims in South Africa","authors":"R. Matumba, A. Nwafor, Edward V. Lubisi, Koboro J. Selala","doi":"10.1163/17087384-12340090","DOIUrl":"https://doi.org/10.1163/17087384-12340090","url":null,"abstract":"\u0000Litigation arising from medical negligence have continued to witness an incremental trajectory in the contemporary South African medical jurisprudence. As the number of claims continue to rise, so also does the financial expense in the form of cost of litigation on the part of the litigants and damages paid by the healthcare personnel and government agencies in successful cases. Such expense, however, palls into oblivion when compared with the reputational damage attendant such negligent conducts on the parts of both the healthcare personnel and the healthcare institutions. On the positive side, however, is that the growing instances of such claims have brought to the fore the need to interrogate the reasons and seek solutions with a view to attaining a more efficient health service delivery system in the country.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47338283","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 Emergence of Artificial Intelligence in Africa and its Impact on the Enjoyment of Human Rights 人工智能在非洲的兴起及其对人权享受的影响
IF 0.2
African Journal of Legal Studies Pub Date : 2021-12-14 DOI: 10.1163/17087384-bja10061
O. O. Ojo
{"title":"The Emergence of Artificial Intelligence in Africa and its Impact on the Enjoyment of Human Rights","authors":"O. O. Ojo","doi":"10.1163/17087384-bja10061","DOIUrl":"https://doi.org/10.1163/17087384-bja10061","url":null,"abstract":"\u0000Meeting the rising need for development and tackling the attendant challenges in Africa requires pragmatic and innovative strategies. Although there is evidence that political governance is improving across the continent, these improvements are not meeting the expectations and needs of several sections of the society. Artificial Intelligence (AI) seems to be one tool with a great potential to address these current challenges. Just like every innovative technology, AI has both positive and negative aspects. This article examines the human rights implications of AI introduction into Africa in light of rights enshrined in the African Charter on Human and Peoples’ Rights.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48928232","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
Taxing the Digital Economy: Nigeria’s Financial Act 2019 and Significant Economic Presence Order 2020 对数字经济征税:尼日利亚2019年金融法和2020年重要经济存在令
IF 0.2
African Journal of Legal Studies Pub Date : 2021-12-14 DOI: 10.1163/17087384-12340091
P. O. Odiase
{"title":"Taxing the Digital Economy: Nigeria’s Financial Act 2019 and Significant Economic Presence Order 2020","authors":"P. O. Odiase","doi":"10.1163/17087384-12340091","DOIUrl":"https://doi.org/10.1163/17087384-12340091","url":null,"abstract":"\u0000This note outlines the salient provisions of the Significant Economic Presence Order 2020 and its implications for non-resident companies with business interests in Nigeria’s digital economy. It also identifies some impediments to the implementation of the new digital tax regime.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47177918","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
Why Is The Hague Sitting on the Fence in Prosecuting Boko Haram Terrorism in Nigeria? 为何海牙法庭在起诉尼日利亚博科圣地恐怖主义问题上犹豫不决?
IF 0.2
African Journal of Legal Studies Pub Date : 2021-12-14 DOI: 10.1163/17087384-12340086
Chijioke Egwu Ekumaoko, Kenneth Igbo Nwokike, Ozioma Victoria Uchime, Ikenna Ukpabi Unya, E. O. Agha
{"title":"Why Is The Hague Sitting on the Fence in Prosecuting Boko Haram Terrorism in Nigeria?","authors":"Chijioke Egwu Ekumaoko, Kenneth Igbo Nwokike, Ozioma Victoria Uchime, Ikenna Ukpabi Unya, E. O. Agha","doi":"10.1163/17087384-12340086","DOIUrl":"https://doi.org/10.1163/17087384-12340086","url":null,"abstract":"\u0000On 18 November, 2010 a preliminary examination of the situation in Nigeria was announced and for almost a decade, investigation has not yet begun. Ten potential cases have been identified, seven for Boko Haram and three for Nigerian Security Forces (NSF). This article investigates whether issues of complementarity and admissibility provide any legal barriers capable of withholding investigation; and whether granting national amnesty to Boko Haram can hinder investigation and prosecution by the International Criminal Court. It employs a qualitative methodological approach for investigation and evaluation regarding the issues discussed. It argues that the situation in Nigeria has met the entire legal framework for investigation and prosecution to proceed and that the arrest of Abubakar Shekau, Abu Musab AlBarnawi, and Abu Abdullahi Ibn Umar al-Barnawi, the Boko Haram leaders will weaken the group, and provide the needed external help and intervention desired to end the terrorism.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42353314","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 Overview of the State of Electoral Democracy in Africa 非洲选举民主状况概览
IF 0.2
African Journal of Legal Studies Pub Date : 2021-12-14 DOI: 10.1163/17087384-12340087
C. Fombad
{"title":"An Overview of the State of Electoral Democracy in Africa","authors":"C. Fombad","doi":"10.1163/17087384-12340087","DOIUrl":"https://doi.org/10.1163/17087384-12340087","url":null,"abstract":"\u0000Most recent accounts paint a bleak and gloomy picture of the state of global democracy. This is particularly so in Africa where the optimism of a democratic revival in the 1990s is rapidly giving way to narratives of doom and gloom. Using survey data compiled by well-established regional and global international organisations, this paper assesses the state of electoral democracy in Africa, reviews the challenges that have been encountered, and considers the prospects for the future. The trend in the evolution of electoral democracy on the continent in the last three decades points to an authoritarian mobilisation and resurgence. Although elections have become the norm, these elections are increasingly being used to disguise all forms of undemocratic governance. The major lesson to be drawn from the study is that there is no African country where democracy and constitutionalism can be thought of as firmly consolidated and secure. The number of countries which are declining due to failed or flawed electoral processes, or which show signs of stagnation, far exceed those that have improved to one degree or another. Current developments are not random ad hoc efforts to undermine the credibility of elections and democracy but rather, rational and well-calculated responses by ruling African elites who seek to perpetuate their rule. What this points to is the need to rethink strategies for promoting genuinely competitive elections, democracy, and constitutionalism.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47850941","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
Regulating Artificial Intelligence through a Human Rights-Based Approach in Africa 在非洲通过基于人权的方法规范人工智能
IF 0.2
African Journal of Legal Studies Pub Date : 2021-11-24 DOI: 10.1163/17087384-12340084
Oyeniyi Abe, Akinyi J. Eurallyah
{"title":"Regulating Artificial Intelligence through a Human Rights-Based Approach in Africa","authors":"Oyeniyi Abe, Akinyi J. Eurallyah","doi":"10.1163/17087384-12340084","DOIUrl":"https://doi.org/10.1163/17087384-12340084","url":null,"abstract":"\u0000While the dawn of Artificial Intelligence (AI) solutions have aided in solving some of societal challenges, globalization and technological innovation potentially have the capability to disrupt, suspend, or change existing legal order, preventing the realization of business and human rights principles. For example, with AI-enabled systems, Africans can now access better healthcare, education, health, and transportation. However, AI has the potential to undermine human rights concerns. This article contextualizes the usage of AI systems and its implications for human rights violations. With particular reference to Africa, it gives an overarching context capable of constructing legal reactions to corporate related human rights violations. Some of the questions posed are: What are the ways human rights can be protected from exploitative tendencies of AI companies? How can African states, and businesses respond to regulatory challenges triggered by loss of work due to automation? What innovations and new methodologies are to be designed to engage with a sustainable and automated future? Finally, we propose reforms for corporate entities developing and deploying AI to respect human rights.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64576698","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
The Political Representation Crisis in Central Africa 中非的政治代表危机
IF 0.2
African Journal of Legal Studies Pub Date : 2021-11-24 DOI: 10.1163/17087384-12340085
Ismaelline Eba Nguema
{"title":"The Political Representation Crisis in Central Africa","authors":"Ismaelline Eba Nguema","doi":"10.1163/17087384-12340085","DOIUrl":"https://doi.org/10.1163/17087384-12340085","url":null,"abstract":"\u0000The crisis of political representation in Central Africa is structural. It is intrinsically linked to the failure of democracy in the region. All states of Central Africa are states of law in which the people have a major role to play as the holders of national sovereignty. In fact, the presidential regime allows the president of the republic to concentrate all powers. At each constitutional revision, the chief executive affirms his supremacy over the nation. Such a situation combined with the absence of political alternation in Central Africa is leading to a rejection of political representation by an ever growing segment of the population.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43370882","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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