African Journal of International and Comparative Law最新文献_第5页

The Conundrum of Balance Under Ghana's Legal System: The Protection of a Buyer in Good Faith and the Principle of Caveat Emptor 加纳法律制度下的平衡难题：善意买受人保护与谨慎原则

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African Journal of International and Comparative Law Pub Date : 2022-05-01 DOI: 10.3366/ajicl.2022.0404

O. Newman, Bobby Banson

引用次数: 0

Contextualising the Ongoing ‘Southern Cameroons’ Crisis within the Framework of the Right to Self-Determination 背景下正在进行的“南喀麦隆”危机在自决权的框架内

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African Journal of International and Comparative Law Pub Date : 2022-05-01 DOI: 10.3366/ajicl.2022.0403

Jean-Claude N. Ashukem

{"title":"Contextualising the Ongoing ‘Southern Cameroons’ Crisis within the Framework of the Right to Self-Determination","authors":"Jean-Claude N. Ashukem","doi":"10.3366/ajicl.2022.0403","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0403","url":null,"abstract":"Incontestably the right to self-determination is useful in ascertaining which entities have and are entitled to the privileges of statehood and territorial control. Yet certain fundamental questions require clarification, questions such as: what are the special characteristics of some minority groups and what is there about their quests for independence that would justify their being permitted to secede; when and under what circumstances does the right to external self-determination accrue; what is the role of the great power theory in the framework of self-determination and to what extent does the role of the great powers promote or hinder claims for self-determination. This article answers these thought-provoking questions by situating the ongoing Southern Cameroon crisis in the context of the right to self-determination. It provides an analysis of self-determination in relevant international and African regional human rights instruments and distils standards to determine the legitimacy and legality of Southern Cameroon's quest for self-government. It argues that Southern Cameroons meet the standards for self-determination and deserves autonomy and statehood, and that any peaceful resolution of the crisis should hinge on the respect and implementation of Southern Cameroons' right to self-determination.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44750719","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 Power of South African Courts to Order Scientific Tests to Determine the Paternity of a Child: Highlighting the Existing Gaps 南非法院下令进行科学测试以确定孩子的亲子关系的权力:强调现有差距

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African Journal of International and Comparative Law Pub Date : 2022-05-01 DOI: 10.3366/ajicl.2022.0408

Rorisang Matlala, Avitus A Agbor

{"title":"The Power of South African Courts to Order Scientific Tests to Determine the Paternity of a Child: Highlighting the Existing Gaps","authors":"Rorisang Matlala, Avitus A Agbor","doi":"10.3366/ajicl.2022.0408","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0408","url":null,"abstract":"Legislative reticence on the issue of compelling an unwilling or uncooperative parent and child to submit themselves for scientific test to determine the paternity of a child has sparked plenty of controversial approaches by the judiciary of South Africa: the designated authority as upper guardian of all children in the Republic. While the notion of ‘best interest of the child’ is factored in when making this determination, some courts have held that they lack such a power to make an order of that nature. Others have entertained the view that it might not be in the best interest of the child, especially when it is likely that the results of the test may prove that the alleged father is not the biological father and financial obligations may cease in this regard. In the view of another high court, discovery of the truth is also in the best interest of the child and as such the court may order such scientific tests as may be necessary. This article explores the legislative silence on the issue of ordering scientific tests. It examines the different cases in which various high courts took a different reasoning, at the end of which inconsistencies, controversies and uncertainties became the unfortunate outcome. In order to resolve this legal puzzle, especially at a time when the integrity of mothers seems to be questionable, and considering the huge financial implication it may have on those who have to pay financial support for children, the high courts may need to provide more consistency in their approach to the issue of ordering parents and children to undertake scientific tests to establish paternity. In addition, legislative reform may be needed to lay this dilemma to eternal rest.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42060942","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 Special and Differential Treatment Provisions in the Trade Facilitation Agreement: New Teeth for an Old Gum? 《贸易便利化协定》中的特殊和差别待遇条款：用新牙换旧牙？

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African Journal of International and Comparative Law Pub Date : 2022-05-01 DOI: 10.3366/ajicl.2022.0401

Bader Bakhit M. Almodarra

{"title":"The Special and Differential Treatment Provisions in the Trade Facilitation Agreement: New Teeth for an Old Gum?","authors":"Bader Bakhit M. Almodarra","doi":"10.3366/ajicl.2022.0401","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0401","url":null,"abstract":"Various provisions on special and differential treatment of developing countries have been enacted from the time of the General Agreement on Tariffs and Trade 1947 (GATT 1947) through to the current era of the World Trade Organisation (WTO). Perhaps the most significant epoch in the recognition of the special and differential treatment of developing countries in the international trade regime was the 1979 Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries, more popularly known as the Enabling Clause. The Enabling Clause, inter alia, allowed for a permanent derogation from the most favoured nation provision in Article I of the GATT 1947 in order to enable developed countries grant preferential treatment to goods coming from developing countries. The advent of the WTO in 1995 also came with specific provisions in the multilateral trade agreements that catered for the special needs of developing countries. Developing countries have, however, raised concerns regarding the effectiveness and utility of most of the special and differential treatment provisions considering the fact that most of these provisions have been formulated in non-mandatory language and thus do not obligate compliance. This article considers the special and differential treatment of developing countries in WTO law and analyses similar provisions in the most recent multilateral trade agreement in the WTO - the Trade Facilitation Agreement - which came into effect on 22 February 2017. The article aims to ascertain the effectiveness of special and differential treatment provisions in the Trade Facilitation Agreement with respect to addressing long-standing concerns of developing countries.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47950808","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 United Nations Sustainable Development Goals, Financial Inclusion Agenda and the Efficacy of Security Interest over Movable Assets: The Case of Micro, Small and Medium Enterprises in Nigeria 联合国可持续发展目标、普惠金融议程与动产担保权益的有效性:以尼日利亚中小微企业为例

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African Journal of International and Comparative Law Pub Date : 2022-05-01 DOI: 10.3366/ajicl.2022.0405

I. Smith

引用次数: 1

An Analysis of Trends in Shareholder Activism in South Africa 南非股东维权主义趋势分析

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African Journal of International and Comparative Law Pub Date : 2022-05-01 DOI: 10.3366/ajicl.2022.0402

Rehana Cassim

引用次数: 1

Explaining and Evaluating Transnational Tortious Actions against Parent Companies: Lessons from Shell and Nigeria 跨国对母公司侵权行为的解释与评价：壳牌和尼日利亚的经验教训

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African Journal of International and Comparative Law Pub Date : 2022-05-01 DOI: 10.3366/ajicl.2022.0406

Christopher Riley, Oludara Akanmidu

引用次数: 0

Using the Right to Health to Advance Equitable Universal Health Coverage in Uganda's National Health Insurance Scheme Bill 《乌干达国家健康保险计划法案》:利用健康权促进公平的全民健康覆盖

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African Journal of International and Comparative Law Pub Date : 2022-05-01 DOI: 10.3366/ajicl.2022.0409

L. Forman, Diya Uberoi, M. Mulumba

引用次数: 0

Territorial Jurisdiction Relating to Succession and Administration of Estates under Nigerian Conflict of Laws 关于尼日利亚法律冲突下遗产继承和管理的领土管辖权

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African Journal of International and Comparative Law Pub Date : 2022-02-01 DOI: 10.3366/ajicl.2022.0397

Chukwuma Samuel Adesina Okoli

引用次数: 0

Engendering Legal and Institutional Reforms to Ensure Access to Reproductive Justice for Women in Zimbabwe: A Case Study of the Mapingure Case 为确保津巴布韦妇女获得生殖正义而进行的性别化法律和体制改革:对Mapingure案件的案例研究

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African Journal of International and Comparative Law Pub Date : 2022-02-01 DOI: 10.3366/ajicl.2022.0395

M. Maziwisa, E. Durojaye

{"title":"Engendering Legal and Institutional Reforms to Ensure Access to Reproductive Justice for Women in Zimbabwe: A Case Study of the Mapingure Case","authors":"M. Maziwisa, E. Durojaye","doi":"10.3366/ajicl.2022.0395","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0395","url":null,"abstract":"In many African communities, gender inequality remains the norm as women continue to live at the periphery of society. Women in Africa have continued to bear the greatest burden of sexual and reproductive ill-health. Women's access to reproductive justice is often restricted by the systems, institutions and legal frameworks that (should) facilitate reproductive justice. Thus reproductive justice should be viewed holistically, taking into account cultural, institutional and political barriers and the social environment in which women live. Using the decision in Mapingure as a case study, this article argues that attempts at legal reforms towards access to reproductive justice for women must put women at the centre and address structural and institutional inadequacies that perpetuate gender inequality. The Mapingure case illustrates that the mere existence of positive laws and institutions to enforce these laws is not a guarantee for women to secure access to justice in general and reproductive justice in particular. The article concludes that realising access to justice for women goes beyond creating an enabling legal environment but also modifying socio-cultural behaviour and attitudes that spread patriarchal and primordial hegemonic tendencies.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48355280","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