Journal of African Law最新文献

{"title":"Corporate Social Responsibility in the Niger Delta: Past, Present and Future Challenges","authors":"P. Tamuno","doi":"10.1017/S0021855322000080","DOIUrl":"https://doi.org/10.1017/S0021855322000080","url":null,"abstract":"ABSTRACT Multinational oil companies adopted corporate social responsibility as a means of addressing the challenges of their relationship with the Niger Delta communities, which had been turbulent for several decades as a result of the ecological devastation of the Niger Delta region. This article analyses the challenges of implementing corporate social responsibility in the Niger Delta, from the inception of the Nigerian oil industry to the present day. Using the experiences of multinational oil companies in the Niger Delta as a case study, the article explores the extent to which multinational oil companies operating in developing countries are increasingly assuming roles that are not traditional corporate roles, to compensate for the bad governance and poor regulatory standards in these countries. The article also provides recommendations for what the Nigerian government can do to develop corporate social responsibility and make it more effective.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"391 - 417"},"PeriodicalIF":0.4,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49447239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Liberalization of the Rule on Locus Standi before Nigerian Courts: Lessons from India","authors":"A. Ekeke","doi":"10.1017/S0021855322000055","DOIUrl":"https://doi.org/10.1017/S0021855322000055","url":null,"abstract":"Abstract In Nworika v Ononeze-Madu, the Nigerian Supreme Court upheld the decision of the lower court, denying the appellant standing to challenge the decision of the Imo State government. This highlighted the position of Nigerian courts on the rule of locus standi, which denies access to justice for many Nigerians who seek a court order to declare a law unconstitutional or to challenge the actions of the government or its agencies. This article examines the context of the application of the rule of locus standi before Nigerian courts and argues that the decision of the Supreme Court in Adesanya v President of Nigeria, which is the classic authority on the strict rule of locus standi in Nigeria, is outdated in the context of contemporary human rights development and that Nigerian courts can learn from the Indian courts that have discarded the strict application of the rule of locus standi through judicial activism.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"339 - 354"},"PeriodicalIF":0.4,"publicationDate":"2022-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45830218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Free, Prior and Informed Consent in Kenyan Law and Policy After Endorois and Ogiek","authors":"Nqobizitha Ndlovu, E. Nwauche","doi":"10.1017/S002185532200002X","DOIUrl":"https://doi.org/10.1017/S002185532200002X","url":null,"abstract":"Abstract This article examines the Kenyan legal and policy framework as well as jurisprudence on the principle of free, prior and informed consent (FPIC) occasioned by the decision of the African Commission on Human and Peoples’ Rights (African Commission) in Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Republic of Kenya (Endorois) and the judgment of the African Court on Human and Peoples’ Rights (African Court) in the case of African Commission on Human and Peoples’ Rights v Republic of Kenya (Ogiek). The main objective of this article is to examine the development and level of operationalization of the principle of FPIC in Kenyan domestic law and policy using the Endorois and Ogiek standard. It examines how the Kenyan domestic legal system has responded to these regional and international developments on FPIC and its operationalization.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"201 - 227"},"PeriodicalIF":0.4,"publicationDate":"2022-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47319324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sedition and Freedom of Expression for Journalists in Botswana: A Comment on Mokone v Attorney General and Others","authors":"Badala Tachilisa Balule","doi":"10.1017/s0021855322000043","DOIUrl":"https://doi.org/10.1017/s0021855322000043","url":null,"abstract":"Abstract Journalists play an important role in promoting and facilitating the right to freedom of expression. To promote and facilitate freedom of expression effectively, they should be free to perform their duties without fear of reprisals, intimidation or harassment. Journalists should carry out their duties in a legally safe environment. It has, however, been observed that journalists across the world are subjected to various human rights violations and abuses aimed at hindering them in performing their work. Journalists in Botswana also endure harassment and intimidation. One form in which this harassment manifests itself is through the use of sedition laws. In many countries these laws have been found to limit the right to freedom of expression unjustifiably. The legality of sedition laws has been considered by the courts of Botswana, where the High Court upheld their constitutionality. This note critically analyses the High Court's decision.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"355 - 366"},"PeriodicalIF":0.4,"publicationDate":"2022-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42959286","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Introduction","authors":"E. Üstün","doi":"10.1017/S0021855300012651","DOIUrl":"https://doi.org/10.1017/S0021855300012651","url":null,"abstract":"The story of the way in which the Codes of Criminal Law and Procedure were introduced in British colonial Africa is indeed a fascinating one. As Dr. Morris observes in his article, by 1935 almost the whole of these territories had developed a body of criminal law and procedure which was virtually common throughout the area, and this was to be inherited by the independent governments a quarter of a century later. But this degree of uniform codification was not achieved without difficulty and in some cases strong objection from the local bar and business interests, who feared a loss of liberty under a new written law, and preferred the English common law \"with all its forms, solemnities and technicalities\", because they felt safe under it. At the Colonial Office there was some opposition to codification based on the model of the Indian Penal Codes, and although in East Africa the Indian Codes had been introduced at an early period, these Codes encountered hostility from the white settlers as well as the officials at the Colonial Office, and eventually were replaced by Codes originally drafted more along the lines of the Nigerian model, but later adapted to meet the criticisms of the law officers of those territories. There were differences in Nyasaland and Northern Rhodesia, and Zanzibar had the Indian Codes until 1935 but they all eventually were brought more or less in line. In the Gambia, there was resistance to replacing the English common law by Code, although why anyone should wish to cling to \"this dizzying mosaic\" baffled the Legal Adviser. Eventually the Codes were pushed through, modelled on the Kenya Code of 1930. Only the Gold Coast then had a differently based Code, which had been adopted in 1892, and was based on the Criminal Code of St. Lucia. The position of Botswana is however different, for, as Mr. Brewer shows, it depends in part on the reception of the Roman-Dutch criminal law, in part on the English common law, and in part on customary law. The problems this poses for Botswana today are clearly described by Mr. Brewer.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"18 1","pages":"3 - 5"},"PeriodicalIF":0.4,"publicationDate":"2022-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0021855300012651","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47409776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Editorial","authors":"Lauber de Souza Martins","doi":"10.5380/reterm.v20i4.84639","DOIUrl":"https://doi.org/10.5380/reterm.v20i4.84639","url":null,"abstract":"The editorial of Thermal Engineering of this issue continues the discussion on scientific research needs in vital areas in which thermal engineering has important participation. The main goal is to motivate the readers, within their specialties, to identify possible subjects for their future research. It is estimated that the existing amount of fossil fuels will last for many years. However, there is a need to look for alternative sources of energy in order to preserve the environment. De Angelis et. al., in his article, Energy Research Outlook. What to Look for in 2018 (ACS Energy Lett. 3(2018) 261-263), argues that generation and storage of technical and economically viable renewable forms of energies are the main obstacles to be overcome. In his article, De Angelis also lists some technological areas that need more research effort in the energy field: energy materials, electrochemical energy conversion and energy storage, solar cells, solar fuels, LED and display devices and, the last but not least, theory and computational modeling. Possible answers for those questions can be given from what it is called constructal theory. Constructal theory states that geometry (flow architecture) is generated by seeking the global performance subjected to global restrictions. According to the constructal law, the optimization of the flow architecture begins in a small scale (elementary level), in which, even though small, the system still keeps its identity (e.g., a brook in a river basin, a single polymer electrolyte membrane fuel cell (PEMFC) in a PEMFC stack, a cell in a multicellular organisms). The irreversibility caused by the flow resistance is minimized for a maximum global performance at the level of the complete system. Any physical system is a combination of several flow systems (e.g., electric, chemical, fluid and heat). Therefore, it can be seen that the optimization of the architecture of flow systems is as common in engineering as is in nature, where the most fit organisms (optimum configuration) survive selection (global restrictions). The mission of Thermal Engineering is to document the scientific progress in areas related to thermal engineering (e.g., energy, oil and renewable fuels). We are confident that we will continue to receive articles’ submissions that contribute to the progress of science.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"18 1","pages":"1 - 2"},"PeriodicalIF":0.4,"publicationDate":"2022-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42474936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"JAL volume 66 issue 1 Cover and Back matter","authors":"","doi":"10.1017/s0021855322000079","DOIUrl":"https://doi.org/10.1017/s0021855322000079","url":null,"abstract":"","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"b1 - b2"},"PeriodicalIF":0.4,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45186263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Fostering a Constructive Intra-African Legal Dialogue in Post-Colonial Africa","authors":"C. Fombad","doi":"10.1017/S0021855322000031","DOIUrl":"https://doi.org/10.1017/S0021855322000031","url":null,"abstract":"Abstract The contention of this article is that there is a need to debunk the myth that the diversity of Africa's inherited legal systems means that the continent has little to contribute to the global legal dialogue. For Africa to make an effective contribution to global legal dialogue, there is a need for serious intra-African legal dialogue. The article focuses on sub-Saharan countries and provides an overview of the numerous legal traditions that were imposed on them at independence. It then looks at the global legal dialogue within which the global south is marginalized. Thereafter, the article discusses the ways in which an intra-African trans-systemic dialogue can be promoted. The main argument of the article is that such a dialogue is likely to provide the critical understanding necessary to pave the way for closer collaboration between African countries in their efforts to develop legal values, principles and institutions that are better suited to addressing the continent's complex and multifaceted problems.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"1 - 22"},"PeriodicalIF":0.4,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41322141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"JAL volume 66 issue 1 Cover and Front matter","authors":"","doi":"10.1017/s0021855322000067","DOIUrl":"https://doi.org/10.1017/s0021855322000067","url":null,"abstract":"","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":" ","pages":"f1 - f2"},"PeriodicalIF":0.4,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48353817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Introduction","authors":"R. Eagles, M. Schaich","doi":"10.1017/S0021855300012997","DOIUrl":"https://doi.org/10.1017/S0021855300012997","url":null,"abstract":"Since the day when, in my first year of teaching, I found myself trying to explain the feudal origins of trover to a puzzled class of Sudanese students, I have had occasional flickers of doubt whether the English law of torts has been one of Britain's most appropriate colonial legacies. One journey down the Lagos-Ibadan road should suffice to raise questions about the suitability of the common-law action for negligence as an instrument for compensating for or reducing road accidents in Nigeria; while the amount of damages awarded in some East African personal injuries actions, like the Mercedes Benz, contrasts sharply with the general living standards of the vast majority of the local population. Nevertheless the distinction between libel and slander, and between aggravated and punitive damages, and even some survivals from the Year Books have found their way into the law reports and treatises of some African jurisdictions. The elegant generalities of civilian doctrines of extra-contractual obligation seem, not surprisingly, to have made the transition to warmer climates more smoothly.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"17 1","pages":"1 - 3"},"PeriodicalIF":0.4,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0021855300012997","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48648762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}