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African Journal of International and Comparative Law最新文献

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The Distinction between Real Rights and Personal Rights in the Deeds Registration System of South Africa – Part One: Statutory and Theoretical Distinction between Real Rights and Personal Rights 南非契约登记制度中物权与人身权的区别 – 第一部分：物权与人身权的法律与理论区别
IF 0.2
African Journal of International and Comparative Law Pub Date : 2021-08-06 DOI: 10.3366/ajicl.2021.0376
P. Badenhorst
{"title":"The Distinction between Real Rights and Personal Rights in the Deeds Registration System of South Africa – Part One: Statutory and Theoretical Distinction between Real Rights and Personal Rights","authors":"P. Badenhorst","doi":"10.3366/ajicl.2021.0376","DOIUrl":"https://doi.org/10.3366/ajicl.2021.0376","url":null,"abstract":"Real rights in respect of land are registrable in the deeds registration system of South Africa, while personal rights may not be registered. The Deeds Registries Act 47 of 1937, which allows an open system of real rights, does not define real rights and personal rights properly, and does not draw a distinction between such rights. In this article in two parts the view is expressed that the nature of these rights is determined by distinguishing real rights from personal rights, especially in terms of the doctrine of subjective rights, and by distinguishing between ownership and limited real rights by application of the subtraction from the dominium test (as supplemented by the intention test). Both fundamental distinctions are founded in the South African common law and still form the basis for a modern theory of real rights.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45703677","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
Ponzi Schemes in Ghana: The Menzgold Saga 加纳的庞氏骗局：Menzgold传奇
IF 0.2
African Journal of International and Comparative Law Pub Date : 2021-08-06 DOI: 10.3366/ajicl.2021.0377
Afia Agyeman Amponsah-Mensah
{"title":"Ponzi Schemes in Ghana: The Menzgold Saga","authors":"Afia Agyeman Amponsah-Mensah","doi":"10.3366/ajicl.2021.0377","DOIUrl":"https://doi.org/10.3366/ajicl.2021.0377","url":null,"abstract":"Ponzi schemes have ravaged financial markets and have caused considerable financial loss to many individuals. The continuous emergence of Ponzi schemes is as a result of a lacuna in financial regulation. The collapse of Menzgold, a company in Ghana, is another episode in the ebb and flow of Ponzi schemes in Ghana. This article therefore exploits this recent development to explain the emergence of Ponzi schemes in Ghana and situates this trend in the context of the lapses in financial regulation. In doing this, both the doctrinal approach and the comparative approach are applied in this article to contribute to the little Ghanaian literature there is on Ponzi schemes and regulation in Ghana.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41981313","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: 4
Individual Rights in Disputes between States 国家间争端中的个人权利
IF 0.2
African Journal of International and Comparative Law Pub Date : 2021-08-06 DOI: 10.3366/ajicl.2021.0375
Ben Juratowitch, Natasha McNamara
{"title":"Individual Rights in Disputes between States","authors":"Ben Juratowitch, Natasha McNamara","doi":"10.3366/ajicl.2021.0375","DOIUrl":"https://doi.org/10.3366/ajicl.2021.0375","url":null,"abstract":"This article is concerned with ways in which international courts and tribunals take into account the rights and interests of individuals when they are affected by a dispute between states concerning the direct rights and obligations of those states under international law.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49193928","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
IF 0.2
African Journal of International and Comparative Law Pub Date : 2021-08-01 DOI: 10.3366/ajicl.2021.0369
{"title":"Front matter","authors":"","doi":"10.3366/ajicl.2021.0369","DOIUrl":"https://doi.org/10.3366/ajicl.2021.0369","url":null,"abstract":"","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41780755","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
Back matter 背景材料
IF 0.2
African Journal of International and Comparative Law Pub Date : 2021-08-01 DOI: 10.3366/ajicl.2021.0378
{"title":"Back matter","authors":"","doi":"10.3366/ajicl.2021.0378","DOIUrl":"https://doi.org/10.3366/ajicl.2021.0378","url":null,"abstract":"","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46673502","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
Aspirational Principles in African Federalism: South Africa, Ethiopia and Nigeria Compared 非洲联邦制的理想原则:南非、埃塞俄比亚和尼日利亚之比较
IF 0.2
African Journal of International and Comparative Law Pub Date : 2021-08-01 DOI: 10.3366/ajicl.2021.0371
Erika Arban, Adriano Dirri
{"title":"Aspirational Principles in African Federalism: South Africa, Ethiopia and Nigeria Compared","authors":"Erika Arban, Adriano Dirri","doi":"10.3366/ajicl.2021.0371","DOIUrl":"https://doi.org/10.3366/ajicl.2021.0371","url":null,"abstract":"Finding a balance between diversity and social cohesion is a common concern in constitutional design: in divided societies, such a balance has often been sought through federalism. But the need to reconcile diversity and social cohesion can also be addressed through aspirational values embedded in a constitution. In fact, constitutions may entrench fundamental principles directing policies to foster equality, eliminate obstacles or require the different tiers of government to collaborate harmoniously in the performance of their functions. In exploring solidarity between different communities and cooperative government in South Africa, ethnicity as foundational value in Ethiopia, and the federal character in Nigeria, this article offers a comparative account of the three most important federations in Africa to assess how their constitutions reconcile diversity and social cohesion through aspirational principles related to federalism.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44050515","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
Self-Determination and the Southern Cameroons’ Quest for Sovereign Statehood 自决与南喀麦隆人对主权国家的追求
IF 0.2
African Journal of International and Comparative Law Pub Date : 2021-05-01 DOI: 10.3366/AJICL.2021.0364
Carol Chi NGANG
{"title":"Self-Determination and the Southern Cameroons’ Quest for Sovereign Statehood","authors":"Carol Chi NGANG","doi":"10.3366/AJICL.2021.0364","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0364","url":null,"abstract":"In this article, I provide a historical narrative and legal analysis of the Southern Cameroons’ quest for sovereign statehood on the basis of the right to self-determination under international law, which grants entitlement to political independence and to socio-economic and cultural development. This account is motivated by the manner in which the question of self-determination for the Southern Cameroons has been dealt with since the times of decolonisation, resulting in yet another bloody conflict on the African continent. Contrary to the global commitment to secure universal peace and security and the adherence by member states of the African Union to human rights and a peaceful and secure Africa, the escalating conflict in the Southern Cameroons not only challenges these aspirations but has also generated a humanitarian emergency of enormous proportions. Because self-determination is guaranteed to apply unconditionally within the context of decolonisation, I post two important questions. First, why was the Southern Cameroons deprived of the right to sovereign statehood when other trust territories gained independence? Second, is the Southern Cameroons still entitled to assert sovereignty on the basis of the inalienable right to self-determination? In responding to these questions, I explain how self-determination for the Southern Cameroons was compromised and further provide justification for the legitimate quest to sovereign statehood.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"288-308"},"PeriodicalIF":0.2,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46860053","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: 3
September v. Subramoney and its Implications for Transgender Persons in South Africa September v. Subramoney及其对南非跨性别者的影响
IF 0.2
African Journal of International and Comparative Law Pub Date : 2021-05-01 DOI: 10.3366/AJICL.2021.0366
Rachel Sloth-Nielsen
{"title":"September v. Subramoney and its Implications for Transgender Persons in South Africa","authors":"Rachel Sloth-Nielsen","doi":"10.3366/AJICL.2021.0366","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0366","url":null,"abstract":"This article discusses the case of September v. Subramoney heard in 2019 in the Equality Court. Following a discussion of the case, the article examines the implications of this case for future jurisprudence with reference to the use of non-binding international law in South African litigation, the implications this case has for other transgender inmates as well as its implications for other state institutions, for example the principle of reasonable accommodation in so far as it applies to transgender persons, the recognition of gender identity as an analogous ground in discrimination law, and the endurance of the binary model of gender identification in South Africa.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"325-337"},"PeriodicalIF":0.2,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43084248","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
Application of Electricity Federalism in Nigeria: Drawing Inspiration from America 电力联邦制在尼日利亚的应用:美国的启示
IF 0.2
African Journal of International and Comparative Law Pub Date : 2021-05-01 DOI: 10.3366/AJICL.2021.0361
E. Herbert
{"title":"Application of Electricity Federalism in Nigeria: Drawing Inspiration from America","authors":"E. Herbert","doi":"10.3366/AJICL.2021.0361","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0361","url":null,"abstract":"This paper examines the theory and practice of electricity federalism in the Nigerian federation. Although Nigeria is an American-styled federal entity, its practice does not reflect the true principles of federalism as practiced in America. Nigeria's electricity sector is a reflection of its imperfect practice of federalism. The effect is felt in the poor performance of the electricity sector, especially off-grid undertakings. Thus, this study turns to the practice of electricity federalism in the United State of America as a model federalist system from which Nigeria can draw inspiration towards a better practice of electricity federalism. Evidence from America demonstrates how fiscal federalism led to a robustly developed power sector. It is argued that, although constituent states of Nigeria have the legal capacity, they lack the wherewithal to develop robust off-grid electricity undertaking under the current federalist system. Hence, political restructuring that would ensure fiscal federalism is needful in Nigeria.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"223-243"},"PeriodicalIF":0.2,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46321555","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
Judicial Challenges Facing the Islamic Finance Industry of Nigeria 尼日利亚伊斯兰金融业面临的司法挑战
IF 0.2
African Journal of International and Comparative Law Pub Date : 2021-05-01 DOI: 10.3366/AJICL.2021.0362
Zakariya Mustapha, S. Kunhibava, Aishath Muneeza
{"title":"Judicial Challenges Facing the Islamic Finance Industry of Nigeria","authors":"Zakariya Mustapha, S. Kunhibava, Aishath Muneeza","doi":"10.3366/AJICL.2021.0362","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0362","url":null,"abstract":"A fundamental requirement of Islamic financial practice, Shariah-compliance covers all aspects of the transaction from contractual agreements to execution to dispute resolution. Thus a sound judicial system with in-built Shariah-compliance mechanisms is indispensable to facilitate the execution of such contracts and to ensure the sustainability of the practice. In Nigeria, this system is still under development with the judiciary the most readily available option for dispute resolution. However, comprised merely of civil courts with jurisdiction to hear Islamic finance cases, these mechanisms subject the industry to possible legal and Shariah-compliance risks. Having conducted a series of interviews with experts, this study recommends: constitutional and legislative reform to grant jurisdiction to existing civil courts; the Financial Regulations Advisory Committee of Experts (FRACE) should be statutorily entitled to offer binding advice to courts; the practice itself should be enshrined in appropriate legislation; and there should be curricular reform to ensure judges and lawyers are adequately trained/educated in the particulars of Islamic finance.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"244-262"},"PeriodicalIF":0.2,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48903518","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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