African Journal of International and Comparative Law最新文献

Corporate Accountability to Local Communities for Investment-Related Harms: The Elusive Promise of Balanced Investment Treaties 企业对当地社区投资相关危害的责任:平衡投资条约的难以捉摸的承诺

African Journal of International and Comparative Law Pub Date : 2023-08-01 DOI: 10.3366/ajicl.2023.0452

Christopher Yaw Nyinevi

引用次数: 0

Aloysius V. Diamond Bank Plc: Opening a New Vista on Security of Employment in Nigeria through the Application of International Labour Organisation Conventions Aloysius V. Diamond Bank Plc:通过应用国际劳工组织公约，在尼日利亚开启就业安全的新前景

African Journal of International and Comparative Law Pub Date : 2023-08-01 DOI: 10.3366/ajicl.2023.0453

David Tarh-Akong Eyongndi, Adekunbi Imosemi

{"title":"<i>Aloysius V. Diamond Bank Plc</i>: Opening a New Vista on Security of Employment in Nigeria through the Application of International Labour Organisation Conventions","authors":"David Tarh-Akong Eyongndi, Adekunbi Imosemi","doi":"10.3366/ajicl.2023.0453","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0453","url":null,"abstract":"At common law, the employer is entitled to terminate the employment of an employee, for any reason or no reason at all. At present, the level of unemployment in Nigeria is gargantuan, coupled with a high rate of employment insecurity. In 2010 the status and stature of the National Industrial Court of Nigeria (NICN) were enhanced by the 1999 Constitution of the Federal Republic of Nigeria (Third Alteration) Act, 2010, which vests the NICN with exclusive original civil jurisdiction over labour and employment matters, powers it to apply international best practices (IBP) and international labour standards (ILS) as contained in section 254C(1)(f) and (h) thereof. In 2015 the NICN, according to this section, held that an employer, in master–servant employment, following IBPs and ILSs, cannot terminate the employment of an employee save for good and justifiable reasons. This judgment has attracted various criticisms owing to its iconoclastic nature. This article, through the doctrinal method, examines the validity of this judgment vis-à-vis section 12 of the 1999 CFRN and subsisting appellate courts judgments. It argues that the judgment is not only valid but a welcome development and has opened a new vista on security of employment in Nigeria and has brought the law into conformity with international best practices and standards. Going forward, the article argues for the affirming of the decision by the Court of Appeal as the apex court on appeals from the NICN and for wide publicity by trade unions and workers groups for its exploitation by their members.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135005404","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

Front matter 前页

African Journal of International and Comparative Law Pub Date : 2023-08-01 DOI: 10.3366/ajicl.2023.0450

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An Evaluation of South Africa's Maternity and Parental Benefits Legislation in Light of the International Labour Organisation's Maternity Protection Convention and Recommendation 根据国际劳工组织的产妇保护公约和建议评价南非的产妇和父母福利立法

African Journal of International and Comparative Law Pub Date : 2023-08-01 DOI: 10.3366/ajicl.2023.0457

Paul Andries Smit

引用次数: 0

The Supreme Court of Uganda and the Right to Bail Pending Appeal: Understanding Nakiwuge Racheal Muleke v Uganda (Criminal Reference No.12 Of 2020) (9 September 2021) 乌干达最高法院与候审取保候审权:了解Nakiwuge Racheal Muleke诉乌干达案(2020年刑事参考文件第12号)(2021年9月9日)

African Journal of International and Comparative Law Pub Date : 2023-08-01 DOI: 10.3366/ajicl.2023.0456

Jamil Ddamulira Mujuzi

引用次数: 0

Making Ghana's Criminal Procedure Law Conform to Its Grundnorm: Decisions of the Supreme Court 使加纳刑事诉讼法符合其基本准则:最高法院的判决

African Journal of International and Comparative Law Pub Date : 2023-08-01 DOI: 10.3366/ajicl.2023.0451

Samuel Opoku-Agyakwa

{"title":"Making Ghana's Criminal Procedure Law Conform to Its Grundnorm: Decisions of the Supreme Court","authors":"Samuel Opoku-Agyakwa","doi":"10.3366/ajicl.2023.0451","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0451","url":null,"abstract":"In this article, I discuss 11 Supreme Court cases decided since 1993 in connection with Ghana’s criminal procedure law. Most of the cases tested the constitutionality of some provisions of the criminal procedure law and the outcomes reformed, and/or proposed institutional, policy and legal reforms. To facilitate presentation and analysis, I grouped the cases into the following constitutional/legal principles: liberty of the accused or suspect; right to be represented by counsel of one’s choice; compensation for wrongful arrest/detention/conviction; access to justice and to the court; the accused’s right to adequately prepare to mount a defence; determinants of the mode of criminal trials, and the right of the accused to know and the duty of criminal justice officials to explain. I conclude that the Court has largely upheld the Constitution and balanced individual and communal rights while protecting the accused and suspects. It has demonstrated its willingness to exercise its oversight functions but has been overly mindful of the impact of its decisions on the taxpayer. I also conclude that the criminal procedure law is outdated. Although the Court directed its orders for legislative reform at specific institutions, most of them have been ignored. Recommendations include reforming the criminal procedure law to conform to the Constitution and establishing a mechanism to oversee the implementation of the Court’s orders.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135005406","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 Igiogbe Custom as a Mandatory Norm in Conflict of Laws: An Exploration of Nigerian Appellate Court Decisions 法律冲突中的强制性规范:尼日利亚上诉法院判决探析

African Journal of International and Comparative Law Pub Date : 2023-08-01 DOI: 10.3366/ajicl.2023.0455

Chukwuma Samuel Adesina Okoli, Abubakri Yekini, Philip Oamen

{"title":"The <i>Igiogbe</i> Custom as a Mandatory Norm in Conflict of Laws: An Exploration of Nigerian Appellate Court Decisions","authors":"Chukwuma Samuel Adesina Okoli, Abubakri Yekini, Philip Oamen","doi":"10.3366/ajicl.2023.0455","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0455","url":null,"abstract":"Under the Igiogbe custom of the Bini Kingdom of Edo State Nigeria, the eldest surviving son exclusively inherits the ancestral home of his deceased father. This custom is a mandatory norm in conflict of laws. Litigation on the custom has been described as a matter of life and death. There is a widely shared view among academic writers, practitioners, and judges that this customary law is absolute. Contrary to this popular view, this work argues that the Igiogbe custom can be displaced by statute and other customary or religious laws. To substantiate this position, this article examines all the reported appellate court decisions on the Igiogbe custom and other connected principles. It is often taken for granted that every Bini man is subject to customary law, thereby leading to the overriding application of the Igiogbe custom. Recent developments in case law suggest otherwise. There is a conflict of personal law question that is often ignored in most litigation concerning the Igiogbe. Careful consideration of this question can potentially lead to the application of other systems of succession law (statutory, religious, and other customary laws) other than the Igiogbe custom. Besides, these conflict of laws techniques and constitutional human rights norms can be used to strike the appropriate balance between competing interests and reasonable legitimate expectations of the deceased and their heirs.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135004263","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 Constitutionality Conundrum on Virtual Court Sittings in the Covid-19 Period in Nigeria 尼日利亚新冠疫情期间虚拟法庭的合宪性难题

African Journal of International and Comparative Law Pub Date : 2023-08-01 DOI: 10.3366/ajicl.2023.0454

Miriam Chinyere Anozie, Emmanuel Onyedi Wingate

{"title":"The Constitutionality Conundrum on Virtual Court Sittings in the Covid-19 Period in Nigeria","authors":"Miriam Chinyere Anozie, Emmanuel Onyedi Wingate","doi":"10.3366/ajicl.2023.0454","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0454","url":null,"abstract":"In May 2020 a Nigerian High Court sentenced Olalekan Hameed to death via Zoom. Amid the controversy, Rhodes-Vivour JSC, striking out Attorney General of Lagos State v Attorney General of the Federation, instituted to clarify the constitutionality of virtual court sittings, pronounced: ‘[v]irtual sitting as of today are not unconstitutional’. Analysing sections 36(3) and (4) of Nigeria's Constitution alongside judicial authorities on the public hearing imperative, this article argues that the issue is not so much whether virtual sittings are unconstitutional as whether enough has been done to ensure public access to the proceedings. This view is fortified by the elaborate procedure recommended in the Guidelines for Court Sittings and Related Matters in the COVID-19 Period 2020. To ensure access to justice is not truncated, the article recommends: (1) the Chief Justice of Nigeria's (CJN) inclusion of virtual sitting rules in the Fundamental Rights (Enforcement Procedure) Rules, as restrictions during emergency periods affect fundamental rights; and (2) that all other heads of courts embed the virtual sitting rules in their court rules. This, it is concluded, would prevent haphazard adoption of virtual sittings for adjudication, which could invalidate such sittings for failing to meet the proceedings in public requirement of the Constitution.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135005405","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

Unenforceability of Contract: Are Fundamental Human Rights and Freedoms under Ghana's 1992 Constitution Grounds of Public Policy? 合同的不可执行性:加纳1992年宪法规定的基本人权和自由是公共政策的依据吗?

IF 0.2

African Journal of International and Comparative Law Pub Date : 2023-05-01 DOI: 10.3366/ajicl.2023.0443

Ernest Owusu-Dapaa

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The East African Court of Justice: Weaving Jurisprudential Pathways, 2012–20 《东非法院：编织法律之路》，2012-2010年

IF 0.2

African Journal of International and Comparative Law Pub Date : 2023-05-01 DOI: 10.3366/ajicl.2023.0442

J. A. Ringera, Wanjiru Rubia

引用次数: 0