Commonwealth Law Review Journal (CLRJ) is an annual, peer-reviewed e-journal that focuses on legal issues across Commonwealth nations. With ISSN: 2581-3382, CLRJ provides a platform for scholarly research on diverse legal topics, welcoming submissions that address contemporary legal principles without restriction to any specific subject area. The objective of CLRJ is to promote research on the legal systems and principles of Commonwealth nations, offering valuable insights into how law operates within these countries. The journal is open to researchers from all nations, provided their work relates to the legal frameworks and issues within Commonwealth nations.
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Exercising the Legal Right to be Forgotten: The Need for an Improved Data Protection and Surveillance Regulation of the Fast-Growing Digital Technology within the Global Space
It is the basic duty of nations to guarantee and ensure protection and enforcement of human rights through fundamental establishment of institutional legal frameworks to that effect. This study takes critical look at the efficacy of the available legal mechanisms on the practicability of the exercise of the right to be forgotten. The right to be forgotten is considered to have derived from the human right to privacy, having been established in the case of Costeja Gonzalez and thereafter codified under the General Data Protection Regulation. The right to be forgotten allows a data subject to seek the pulling down of any uncomfortable online personal data from search engines like Google and Amazon. Various territorial jurisdictions have developed diverse concepts and approaches towards the right to be forgotten which is hereunder exhaustively defined in line with the perceptions of different authors and provisions of enabling and extant laws. There are certain conditions that must be satisfied before the exercise of the right to be forgotten can effectively be activated. There is no iron-cast procedure to be followed in the processing of a proper delisting of the personal data of a data subject; but in practice a modality has been adopted by some countries; just as a request for the exercise to be forgotten can be refused for certain reasons like the overriding public interest. Some jurisdictions have allowed extra-territorial application of the right to be forgotten and the sharing of similar data base given the global access to most search engines. Although the right to be forgotten tends to be quite relevant, criticisms abounds, leaving room for improvements, hence this study concludes with recommendations for better modalities towards achieving a more protective and surveillance regulation of the usage of technology to enhance effectual exercise of the legal right to be forgotten.
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An Assessment of the Effect of the 1944 Chicago Convention on the Air Carrier’s Duty of Airworthiness under the Carriage of Goods
Our understanding of airworthiness as the fitness of the aircraft in all respects to encounter the ordinary perils of the air that could be expected on her journey, and deliver the goods safely to their destination is a confirmation of the fact that the responsibility is heavy for the air carrier upon reception, carriage and delivery of the goods. The traditional liability regime in airfreight is contained in the Warsaw System of Conventions and the Montreal Convention 1999. The coexistence[i] of these laws creates challenges in obtaining a uniform liability scheme for the loss, damage and delay of goods on transit[ii]. The question, however, is how useful could the Chicago Convention 1944 be in determining the air carrier’s liability? This is more so because the following Warsaw[iii] and Montreal Conventions have to be differentiated from the Chicago convention of 1944, as Chicago deals with public international law looking at technical standards, licensing, freedom of air, accident investigation or security issues. This article therefore introduces the major aspects of the Chicago Convention and subsequently its nexus with the air carrier’s duty of airworthiness. [i] See p.4 of the United Nations Conference on Trade and Development UNCTAD Report on its eleventh session, Sao Paolo consensus para 59, www.unctad.org [ii] The air carrier is liable under the convention for delay and for the loss of or damage to the goods, provided that the occurrence that caused the prejudice took place during the carriage by air. [iii] The Warsaw Convention is the informal title for Convention for the Unification of Certain Rules Relating to International Transportation by Air, concluded at Warsaw, Poland, opened for signature October 12, 1929, 49 Stat. 3000, T.S. No. 876, 137 L.N.T.S. 11, reprinted in 49 U.S.C.A. app. at 430 (West Supp. 1976) (adhered to by the United States June 27, 1934).
Warsaw System of Conventions and the Montreal Convention 1999
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The Role of Non-Governmental Organizations in the Rehabilitation and Reintegration of Detainees in Cameroon: Implications on Communities and Prisons
Imprisonment in a correctional service exists to punish those who violate the law. A cardinal principle during imprisonment is the rehabilitation and reintegration of detainees. Ironically, in Cameroonian prisons there is little attention paid on rehabilitation and reintegration objective of imprisonment. State and Non-State actors share this responsibility although primarily, it is the State duty. Thus, this article explores the role of Non-governmental Organizations (NGO) in the rehabilitation and reintegration of detainees in Cameroon. The paper adopts a qualitative approach by exploring primary and secondary data. The paper argues that the absence of complementary efforts by NGOs in the rehabilitation and reintegration of detainees leaves our societies and prisons in danger and accommodative of crime. Thus, the paper recommends a more holistic approach whereby state, civil society organizations, faith based organizations and other organized groups in the communities must come on board to achieve this cardinal principle behind imprisonment.
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Review of Case Management System in the High Court of Tanzania: Criminal Justice Perspective
The article reviews the criminal justice case management system in the High Court of Tanzania, focusing on scrutinization, scheduling, and control at various stages of criminal case processing. It highlights significant gaps in the system, notably in the initial scrutinization of cases at admission, leading to the progression of flawed cases. The article points out that, with the exception of economic cases, the law’s failure to schedule events and control mechanisms results in inefficiencies and delay. In the plea-taking and preliminary hearing step, the law’s effectiveness is undermined by the parties’ reluctance to cooperate and the scheduling of time being provided only for economic cases. The trial phase suffers from a lack of clear legal directives on commencement timing. Furthermore, the article points out inadequacies in scrutinization and scheduling during the hearing of appeals, revisions and other applications. It also points out that the control element is, during that step, restricted by case law. While implying scrutinization duties and setting a 90-day rule for judgments, the judgment step lacks robust enforcement mechanisms. The article finds that significant systemic gaps persist despite some case management system elements, especially in non-economic and non-appellate cases, leading to delays in criminal justice dispensation. Finally, the article recommends some reforms to address the shortcomings identified in the applied criminal justice case management system.
Analysis of Tanzania’s National Human Rights Institution in Light of International Human Rights and Good Governance Principles
The Commission for Human Rights and Good Governance (CHRAGG) is an independent government agency established to serve as Tanzania’s national focal point for advancing and defending human rights. Protection of human rights and supervising the core principles of good governance is a vital duty of the National Human Rights Institutions. In order to guarantee the preservation of human rights and their promotion, the state must take all required steps as it is required to maintain democracy. The Commission for Human Rights and Good Governance Act, No. 7 of 2001, which came into effect on July 1st, 2001, marked the beginning of the Commission’s operations, the Commission was officially inaugurated in March 2002. The nation’s constitution typically should establish the terms of the agreement between the people and their representatives in government. A favourable environment for upholding the defence and advancement of human rights can only be established by the state’s constitution, which serves as a guide for relevant laws, organisations, and processes that frame government policy. The construction of significant ministries and institutions that comprise the government is a component of good administration. These entities are tasked with maintaining peace, creating the best conditions for the lives of citizens, and advancing democracy.
An Insight on the Management Practices of Japanese Companies in India
This paper aims to delve into and expound on the managerial and human resource policies in Japanese companies operating in India with respect to industrial practices and management of the workers therein. This analytic study is based on on-ground transactions enabling collection of conclusive data and observations made while on the job, during industrial and labour disputes handled and concluded, pertaining to Japanese companies in India including their branches across the nation established in prominent industrial areas and operating in various sectors of business operations ranging from the food industry to warehousing and logistics, to manufacturing of auto-parts, etc. This paper endeavours to establish the distinct ways in which the human resource and managerial body out to utilise their expertise whilst bridging the gaps between the Japanese management and the workforce employed in terms of educating and creating awareness amongst the Japanese administration of the companies regarding legal and industrial practices and imbibing a balance of the work culture in India and Japan amongst the workforce engaged for better output, understanding and defusal of possible conflicts and disparities. This study intends on highlighting key circumstances wherein, due to the swift and efficient intervention, of the management and the human resources of the company, strikes, unfair labour practices, external interventions, lay-off, retrenchment & closure due to unrest and disruptions from the workforce, leading to the collapse of business operations, severe losses and the cessation of the company as a whole, can be avoided and industrial peace and harmony can be maintained for the survival of the workforce, company and industry. This may be considered as a crucial aspect, given that Japan was the sixth largest investor in the Financial Year 2022 (FY2022) in Foreign Direct Investments (FDI) in India providing 1.5 billion US Dollars, which is 2.5 per cent of the total FDI[i]. [i] India received highest FDI from these seven countries: See the full list here, 29 August 2022, (https://www.businesstoday.in/latest/economy/story/india-received-highest-fdi-from-these-seven-countries-see-the-full-list-here-345875-2022-08-29) (Last visited 28 March 2024)
Revelations from the Collapse of Silicon Valley Bank: From the Perspective of Risk Management of Financial Institutions
This article examines the main reasons for the collapse of Silicon Valley Bank (SVB) in March 2023 from a regulatory and risk management perspective. By analyzing SVB Financial Group’s 10-K filings, we found that the economic value of its equity was indicative of excessive interest rate risk on SVB’s balance sheet more than a year before it collapsed. Our analysis reveals significant shortcomings in SVB’s risk management practices, but also highlights weaknesses in the financial regulatory regime. The paper concludes with a few recommendations that provide useful ideas for policymakers, regulators, and risk managers.
Access To The Ocean: An Evaluation Of The Regime Of The Rights Accredited To The Landlocked States Under The UNCLOS, 1982
“States without Access” to and from the sea constitute almost one-fifth of the states in the international community. Despite being recognized by several international instruments, landlocked states have yet to enjoy their full rights. The UNCLOS offers a thorough legal framework for controlling the resources and uses of ocean areas. However, it also substantially limits the rights of landlocked states to maritime resources, severely restricting their ability to engage in international and seaborne trade. This essay examines the rights that landlocked governments enjoy under the UNCLOS, including the rights to access marine resources, navigation rights, and sea access. Additionally, this article delves into the obstacles that impede the effective execution of these rights as well as the diverse strategies employed to address the issues associated with their enforcement.
An Analysis of the Issues relating to the Freedom of Press in India
Freedom of the press is crucial for a healthy democracy, but it’s often challenged by government censorship, corporate interests, and technological limitations. Democracy can thrive not only under the vigilant eye of its Legislature, but also under the care and guidance of public opinion and the press is par excellence, the vehicle through which opinion can become articulate. Press freedom ensures accountability, transparency, and the dissemination of diverse viewpoints. However, it can be compromised by misinformation, propaganda, and legal constraints in some regions. Balancing it with responsibility and ethical journalism is essential for its preservation.
An Appraisal of the Impacts of Armed Conflicts and Insurgency on the Environment in Areas of Conflicts in Nigeria
Insurgency and armed conflict have been a topical issue in Nigeria with devastating effects on the socioeconomic development of the country. The prevalence of this scourge has ravaged most parts of the Northern region of Nigeria. Different regimes in the country have grappled with armed conflicts and insurgencies in the past years with diverse results. From Boko Haram to banditry, as well as farmers and cattle herdsmen clashes, has left an indelible mark of destruction on the ambient environment within the affected regions. Armed conflicts and insurgencies no doubt pose significant threats not only to human lives but also to the environment. The paper seeks to explore the impacts of armed conflicts and insurgencies and the damages resulting from armed conflicts and insurgencies in places of conflicts in Nigeria in the face of existing legal frameworks by x-raying cases of armed conflicts in other areas of conflicts to expose the extent of the impacts on the environment in Nigeria. The effects of armed conflict and insurgency on the environment is contextualized critically to appraise the effectiveness of preventing environmental degradation during times of conflicts and insurgencies. In achieving the above objectives, the doctrinal research methodology is adopted to examine literatures and legislation relating to the environment affected by armed conflicts and insurgencies in Nigeria. It argues that environmental legislation in Nigeria have had very insignificant impacts in protecting the environment in areas where armed conflicts and insurgencies are ongoing. It therefore concludes that the legal and institutional frameworks for combating the effects of armed conflicts and insurgency in Nigeria should be reformed in order to address damages done to the environment in areas of armed conflicts and insurgencies in Nigeria.
Criminalization of Peaceful Expressions and Law of Sedition in India
Earlier Sec. 124 A of IPC, 1860 used to deal with ‘Sedition’. Now, it has been removed. However, Section 152 of BNS, 2023 criminalizes the acts that ‘incite secession, armed rebellion, or subversive activities, separatist activities that endanger India’s sovereignty, unity, and integrity’. Sedition punishes material that incites hate, contempt, or disaffection for the government because it might cause vehemence or public disorder. Criticizing government legislation or administration is not seditious. It is a highly condemned and controversial provision that is principally employed to conquer discord in politics. It allegedly restricts free speech and expression. The government must define the jurisprudential limits of sedition law or it will be misused and the state unable to guarantee free speech and democracy. This article explores the justification for outlawing sedition before placing India’s experience in historical perspective in light of its colonial background and current regime. The law’s usage as a political tool is discussed in the article’s conclusion, and it is debated as to whether it should be abolished or changed in order to save Indian democracy from a crisis of the rule of law.
English Real Property Concepts of Strict Settlements Rules against Perpetuities and their Applicability to Common Law Jurisdictions
This paper provides a critique of the English Common Law Real Property Concepts of Strict Settlements, the Rules Against Perpetuities and evaluates their applicability to selected Common Law jurisdictions. The two concepts impact on Land ownership in different countries. It scrutinizes the possibility of their existence today in the light of the constraints imposed by real property legislations of selected countries. The study looks at the gifts made under strict settlements which may be invalidated for infringement of the old and new perpetuity rules and the powers of the tenants for life regarding the settled estates created under the received English laws. This research centers’ around evaluating how far the common law jurisdictions welcome English Real Property Concepts of Strict Settlements and the Rules Against Perpetuities, bringing out successes and difficulties in some cases while using Nigeria as a case study. The research also tries to defined the concept, citing some cases and statutes to bring to lime light the dynamics in the applicability when it comes to real property ownership. It ends up by bringing some results, although not completely positive[1] and propose improvements. [1] The authors are thankful to the anonymous referees and reviewers for enhancement comments on their earlier draft. The usual disclaimer applies, only the authors are responsible for any defect (s), although unintended and regrettable.
Strict Settlements and their Impact on Land Ownership at Common Law Jurisdictions
The Appropriate Legal Qualification for the Right to Clean Electricity within the Context of Climate Change
Contemporarily, the right of access to electricity has become very topical with many scholars having diverse views as to the nature and scope of the right. Due to the effects of climate change, the source of electricity generation is currently of prime importance. Clean electricity has topped the pyramid in terms of importance as opposed to fossil fuels. This is further explained looking at the central role clean electricity plays in our collective efforts of attaining the sustainable development goals, especially Goal 7 which makes access to clean and affordable energy one of our collective priorities. However, scholars have often disagreed on the appropriate legal regime to qualify the right of access to clean electricity. Starting with the right to clean electricity as a contractual right, it is argued that a contractual right is a right that is dependent on a specific relationship between human beings. The most important examples are rights you have as part of a community, especially as a citizen. However, this right lack universality since it is owed only to members of a specific community depending on their level of development. Therefore, foreigners who are not members of that society will not be able to benefit from the right. From a human rights perspective, access to clean electricity is viewed as one of the basic rights that are given to every human being for the sole reason of belonging to the homo sapiens family. However, there are some difficulties in contextualizing this right as a human right. The first problem stems on the fact that, if the right to clean electricity is made a human right, states will be forced to do everything possible to make electricity available to their citizens and where they are unable to use clean sources, they may rely on environmentally unfriendly sources like fossil fuels. In conclusion, it was realized that, access to clean electricity perfectly fits as a derived right. This means it is a right dependent on other rights for its survival. For example, it is dependent on the right to a Healthy Environment and the right to Development. Therefore, in my opinion, the right of access to clean electricity is best qualified as a derived right.
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Human Rights and Transnational Corporations: A Nexus with Sustainable Development in Cameroon
Globalization has united the world and enhanced the interaction between states, defined all economic, political, social and cultural differences. Today the corporate form is an omnipresent part of modern commercial life and is significant in the economic lives of states. The multinational corporation (or international or transnational corporation) is a business organization whose activities are located in more than two countries and is the organizational form that defines foreign direct investment. This form consists of a country location where the firm is incorporated and of the establishment of branches or subsidiaries in foreign countries. Multinational companies can, obviously, vary in the extent of their multinational activities in terms of the number of countries in which they operate. A large multinational corporation can operate in 100 countries, with hundreds of thousands of employees located outside its home country. When these companies expand, they mostly go for business purposes and forget the notion of protecting human rights which are fundamental for the growth and protection of the population especially in third world countries like Cameroon. It is left on home governments to ensure that these TNCs respect human rights through corporate social responsibility in the process of making profits which can be considered as the main goal of such corporations. There are three main categories of human rights provided in the Universal Declaration on Human Rights which these TNCs and other stakeholders must uphold or guarantee while carrying out their activities namely; first, second and third generation rights. This classification follows the historical development of human rights. The first generation consists of civil and political rights, the second generation rights consist of economic, social and cultural rights, and third category of human rights is closely associated to the rise of third world nationalism also known as solidarity rights. However, developing states like Cameroon find it difficult to regulate these corporations due to corruption, and the fear of political interference from TNCs since most of them are bigger in influence and finance than Cameroon. The respect of Human rights by TNCs will help increase productivity, hard-work and sustainable development because the respect of these rights encourages people to work in comfortable situations, take care of their families with proper pay, send kids to school, and gain access to modern facilities provided by these TNCs like schools, hospitals and good roads. It is however suggested that foreign developed countries and International organizations, should take charge of sanctioning TNCs which violate human rights in developing countries like Cameroon because they are in a better position to do so due to their economic and political power.
Is Kenya’s Coffee Certification Mark Destined To Fail? A Legal Discussion
Poor coffee prices, constant delays in payment, lack of government support and poor management of cooperatives have been the major challenges that have faced Kenya’s coffee sector for a while. Many Kenyan coffee farmers that had once reaped immense profits from the crop are no longer singing this tune. Although Kenyan coffee is considered among the best in the world, its farmers have been neglected despite it being Kenya’s major export. It was therefore a great feat when on 14th February, 2015 the Coffee Board of Kenya unveiled a certification mark of origin,‘Coffee Kenya So Rich, So Kenyan’, aimed at promoting consumer loyalty in the importing countries all while proving the distinctiveneness of Kenyan coffee in the international market. The move follows the use of intellectual property rights to be able to create a niche market for the possibility of raising profits for the communities that grow the crop especially seeing how European markets have successfully used intellectual property to create such niche markets with their agricultural products. African markets are slowly but surely catching up, especially with the use of geographical indications for Penja pepper, Oku Honey, Rooibos tea amongst others. However, such initiatives do not come without downfalls. This paper examines the legal state of Kenya’s coffee sector from the introduction of the Coffee Kenya certification mark. The aim of this research is to open a legal discussion around the already known problems plaguing the sector namely, the lack of transparency of the supply chain, failing cooperatives and the exclusion of smallholder farmers. It seeks to raise questions of whether the certification mark was a step too soon and whether these issues have been addressed since the introduction of the mark.
An Appraisal of Selected Legal Frameworks for the Management of Oil Spillage in Nigeria
The Niger Delta region is one of the major regions in Nigeria where the oil spillage is prevalent. Over the years, several laws have been passed with a view to abating the menace. Despite the existence of these enactments, the problem of oil spillage persists. This paper examines selected legal legislations pertaining to the regulation, control and management of the Nigerian oil industry with a view to identifying inherent gaps for possible amendment and reform. Using the doctrinal method of research, this piece identifies areas in the relevant laws that need to be modified to effectively curb the problem of oil spillage in the Niger Delta region. It is shown that the inability of the relevant laws to abate the problem of oil spillage in Nigeria is a direct consequence of the gaps in the laws which fails take into consideration current realities in terms of imposition of adequate/stiffer penalties for environmental crimes particularly those perpetuated by corporate bodies. To this end, the need to overhaul the relevant laws and bring it up to speed with contemporary challenges is a necessary condition to ensuring that the problem of oil spillage becomes a thing of the past. Among other suggestions therefore, this contribution calls for the amendment of Section 102 of the Petroleum Industry Act to make the provision of an environmental management plan a mandatory requirement for the grant of a license or lease. It is contended also, that the punishment section of the Harmful Waste (Special Criminal Provisions) Act should be more specific with respect to the particular punishment to be meted on violators. The exclusion of the oil and gas sector by Sections 7 and 8 of the National Environmental Standards Regulation Enforcement Agency Act works a great disservice to the overall utility of the Act and should forthwith be amended to cover these critical sectors which are a major contributor to the menace of oil spillage.
Section 303 of Nigeria’s Companies and Allied Matters Act (CAMA) 2020: An Elixir or a Case of New Wine in Old Skin?
The Companies and Allied Matters Act, 2020[i] came with innovations aimed at opening up the Nigerian corporate space, boost the Federal Government’s Economic Recovery and Growth Plan with a view to launching Nigeria into top 70 economies by 2023. One of such provisions is s. 303 which is an improvement on s. 277 of CAMA 2004. The section regulates self-dealing by directors. This paper set out to discover what differentiates s. 303 from s. 277 of CAMA 2004 and if it could achieve the envisaged utopian ambition within existing regulatory and inhibiting factors which contributed to the abysmal performance of s. 277. The paper is non empirical, library based and adopted a doctrinal approach. The paper exposed normative and other factors which impeded the success of s. 277 thereby rendering the system vulnerable to directors’ Machiavellian manipulations. The paper found ineffective regulatory systems, archaic justice delivery system which snails justice dispensation and lack of deterring sanctions as some of the factors which impeded the success of s. 277. It concluded that these factors still exist in Nigeria and are likely to stymie s. 303 thereby hindering its effectiveness. The paper therefore prescribed short prison terms, restitutive penalties and the need to grant financial autonomy to the Nigerian judiciary to enhance modernisation of courts as a way out of the present quagmire. [i]Hereinafter referred to as CAMA 2020
The Fate of Refugees in Cameroon: A Legal Perspective
Refugees are persons outside their countries of origin who need international protection because of a serious threat to their life, physical integrity or freedom in their country of origin due to persecution, armed conflict, violence or serious public disorder. The need for international protection arises because they cannot avail themselves of the protection of their own country against these threats. A precondition of being considered a refugee is that a person crosses an international border. People who are forcibly displaced from their homes and who cannot or choose not to leave the country are not considered refugees, even if they share many of the same risks and vulnerabilities as those who do. Addressing the problems of refugees is the primary responsibility of the government. This requires taking concrete steps to prevent arbitrary displacement, protect and assist the refugees and find durable solutions to their problems. Several laws and institutions are put in place to protect refugees, but refugees suffer a lot despite this. This can partly be attributed to the ineffective implementation of the Law. To better protect refugees, this work recommends that the refugees need to be empowered; government should provide them with vocational training and skill acquisition so that they do not stay idle, and the government is supposed to provide refugees with adequate security, make sure that their lives are being secured before sending them back to their home country.
When does ‘Consent’ in Marriage End and the Sexual Act Transgress into Rape: Comment Upon Justice Hari Shankar’s Upholding the Constitutionality of the Marital Rape Exception
The marital rape exception under Section 375 has been a topic of debate and discussion ever since its codification in the Indian Penal Code. The recent judgment by a division bench of the Delhi High Court gave a split verdict on whether or not to declare such an exception unconstitutional in light of transformative and progressive development of fundamental rights jurisprudence in the country. This case comment traces the origin of the marital rape exception then goes on to explore Justice C. Hari Shankar’s opinion on upholding the validity of this outrageous exception, while contrasting it with Justice Rajiv Shakdher’s opinion for striking down a legal provision which was in blatant violation of a woman’s fundamental right to dignity protected under the Indian Constitution. The comment delves into judicial precedents, scholarly work by authors, researchers and practicing advocates to substantiate the criticism of one opinion and appreciates the judicial wisdom and insight in the other opinion on the issue of how presumption of consent in marital sexual relations a violation of right to dignity of victim wives. The fact that the law on the present issue is not settled and it merits a decision by a larger bench is not forgotten.
An Appraisal of Compensation Regime for Victims of Aircraft Injuries under the Law
This essay aims to examine the legal regulations governing aircraft operations liability. It is known that a claimant must meet the requirements of Article 17 of the Montreal Convention, 1999 in order to be eligible for compensation in aviation claims. This means that the claimant will not be able to get compensation for injuries sustained in situations that do not comply with the rules of the Convention. This supports the idea that the aviation legal regime applies only to claims that cannot be divided into separate categories under the applicable legal rules. The focus of this paper, which employs the doctrinal research methodology to examine the laws in order to determine the justification for the exclusivity of the legal regimes, cannot be said to be the same, given the circumstances that gave rise to that position of the law, which is the desire to shield the then-developing aviation industry from severe liability for claims arising from accidents. The study also questions whether or not it is preferable to create a commission to monitor such payments and whether or not airlines promptly respond to aviation claims when such compensation is mandated by statutes without proof of guilt.
Summary Judgment Procedure And Liquidated Money Demand: Appraising The Recovery Of Debt In The Law Court
Almost all companies have a credit arrangement with a financial institution, particularly a bank. Others typically utilize long-term loans to pay capital expenditures, while some companies periodically use short-term loans to finance transitory working capital needs. All credit requests are required to undergo a thorough evaluation of the borrower’s capacity to pay back the debt when it is due. The issues faced by the banking industry in debt recovery were also reviewed, along with the laws and procedures for debt recovery in Nigeria. This paper demonstrates, among other things, that adjudication delays are one of the biggest barriers to an efficient debt recovery process in Nigeria. The primary goal of this paper is to advocate that the summary judgment procedure in each state of Nigeria be revisited.
A Study on Nomenclature Debate on the ‘Use of Force,’ ‘Armed Attack’ and ‘Aggression’ as the Right to Self Defence
International Law on Armed Conflict lays down specific guidelines on the conduct of the States, the parties who are signatories and conform to the international comity. The paper highlights the implications of the preamble of the United Nations Charter, which was introduced by the comity of international players in the Second world war to mitigate any possibility of another war. The state signatories to the charter not only aspired to restore peace but also to bring about standard norms of the conduct of civilized states through this Charter. The present paper discusses the juxtaposition of specific terminologies, which are considered one of the most important provisions of the UN Charter. The paper attempts to study Article 2(4), which prohibits the use of force by the member states. However, the juxtaposition of Article 51 along with Chapter VIII of the Chapter is also discussed, giving regard to the peculiarity of the expression ‘armed attack and ‘aggression’ in light of states’ right to self-defence. The paper throws light upon the negotiating history of these Articles along with other important documents like UN General Assembly Resolution 3314 and the Statute of Rome of the International Criminal Court, which has defined and illustratively underlined the meaning and context of the term ‘aggression.’ The jurisprudential evolution is also brought astute by the pronouncement of the International Court of Justice. The paper deliberates upon the interpretational journey of the text and the context of the provisions of the Charter and other documents and attempts to read between the lines of these terminologies to understand the present-day relevance and meaning of these provisions akin to the ongoing international armed conflicts in the world.
Perfection Of Land Transactions And Titles In Nigeria Post-Covid 19: Prospects And Challenges
The SARS-CoV 2, commonly known as coronavirus or COVID 19, belongs to the category of viruses that may cause illness and are easily transmitted between humans as well as between humans and animals. The viruses cause illness ranging from the common cold to more severe diseases such as Middle East Respiratory Syndrome (MERS-CoV) and Severe Acute Respiratory Syndrome (SARS-CoV). Covid-19 is a new strain that has not been previously identified in humans until its breakout in China in December, 2019. The common symptoms of the virus include shortness of breath and breathing difficulties, fever, dry cough and tiredness, nasal congestion, sore throat, diarrhoea, headache, loss of taste or smell, a rash on skin or discoloration of fingers or toes. In severe cases, the virus can cause pneumonia, severe acute respiratory syndrome, kidney failure and even death.[i] The symptoms may take up to fourteen days, after exposure, to manifest. Preventive measures include respiratory hygiene like covering the mouth and nose with flexed elbow or tissue when coughing or sneezing, washing of the hands using soap and water or an alcohol-based sanitizer, social distancing and avoiding close contact with anyone with cold or flu-like symptoms.[ii] Although infected persons are given medications, it is mostly to boost their immune system as there is presently no specific treatment or cure for the disease. There are however, ongoing clinical trials on medications that would, hopefully be effective for the treatment or management of the disease.[iii] The coronavirus pandemic (COVID-19) is said to be the worst global health crisis since the Second World War[iv] and its impact transcends human health as it has also affected socio-economic development globally. In view of the alarming rate of person-to-person transmission of the deadly virus and number of deaths, countries all over the world were compelled to take unprecedented number of both proactive and reactive strategies to mitigate the risk and combat the unique challenges posed by the virus. Some of the measures adopted by countries include total and partial lockdowns, social distancing, mandatory use of facemasks and hand sanitizers, testing and isolation as well as halting non-essential services. These containment measures devastatingly affected economic activities resulting in drastic fall in government revenue, stagnation of commercial activities, loss of jobs in countries including Nigeria. Even before the outbreak, countries around the world, especially developing countries like Nigeria, were grappling with weak economic situations hence the pandemic had therefore aggravated the economic predicament.[v] Social distancing, as one of the measures of containing the spread of the virus in Nigeria, affected many government businesses and transactions. Many government offices including land registries were closed down and this made physical or manual perfection of land titles almost impossible during the period. This paper examines the prospects and challenges of electronic perfection of title documents in land transactions in Nigeria as alternative to the common physical system that require an interface between the parties and government officials. [i] About Covid-9 http://www.emro.who.int/health–topics/corona–virus/about–covid-19.html accessed on 7-11-2022 [ii] Covid-19 Nigeria https://covid19.ncdc.gov.ng/ accessed on 8-11-2022 [iii] Ibid [iv]About Covid-19 http://www.emro.who.int/health–topics/corona–virus/about–covid-19.html . accessed on 8-11-2022 [v] Chukwuka Onyekwena and Mma Amara Ekeruche ‘Understanding the impact of the COVID-19 outbreak on the Nigerian economy’ https://www.brookings.edu/blog/africa–in–focus/2020/04/08/understanding–the–impact–of–the–covid-19-outbreak–on–the–nigerian–economy/ accessed on 11-11-2022
Intellectual Property Rights in the Age of Content Creation
The digital age has revolutionized content creation, presenting both opportunities and challenges for intellectual property rights (IPR) protection. This abstract explores the significance of IPR in the era of content creation and highlights strategies to protect and enforce these rights in the digital realm. IPR holds immense importance in the digital age due to its role in encouraging innovation and creativity. By providing a legal foundation, IPR incentivizes content creators to push boundaries, invest resources, and develop innovative works that advance various industries. It serves as a catalyst for economic growth, as content creators can derive financial benefits from their creations, supporting their livelihoods and enabling future projects. Preserving originality and authenticity is another crucial aspect of IPR. It safeguards content creators’ distinct voices, artistic styles, and unique perspectives from unauthorized use or misappropriation. This fosters a diverse and vibrant content landscape that promotes artistic expression and cultural diversity. IPR also plays a vital role in fostering collaboration and licensing agreements. Through licensing, content creators can grant permissions to others to use their works under specific conditions, leading to mutually beneficial partnerships, cross-pollination of ideas, and the creation of new and innovative content. This collaborative approach allows for the exchange of knowledge and resources while respecting the rights of creators. To protect and enforce IPR in the digital realm, content creators can employ various strategies. Copyright registration provides legal evidence of ownership and strengthens enforcement capabilities. Watermarking and metadata help identify and trace the origin of digital content. Digital rights management (DRM) technologies control access and usage of digital content, while licensing agreements and contracts establish clear terms and conditions of use. Monitoring and detection technologies assist in identifying instances of infringement, while notice and takedown procedures enable copyright holders to request the removal of infringing content from online platforms. International cooperation is crucial to address cross-border infringements, as content creators face challenges in enforcing their rights globally. Education and awareness about IPR promote a culture of respect for creative rights and reduce unintentional infringements. Legal action can be pursued in cases of severe infringement to protect and enforce IPR. By adopting these strategies and staying adaptable to the evolving digital landscape, content creators can enhance the protection and enforcement of their IPR. This preserves the value of their creative works, fosters a supportive environment for content creation, and nurtures a vibrant and sustainable creative ecosystem in the digital age.
Role of Judiciary in Curbing Cybercrimes against Women and Children in India
In India, the judicial system serves as a watchdog over the administration of justice and plays a critical part in reducing the number of cybercrimes committed against women. This is accomplished through offering legal remedies, establishing precedents, and ensuring that laws are carried out in an efficient manner. In order to combat online violence against women, the Supreme Court offers its authoritative interpretation of constitutional requirements and the legislation that are now on the books. It provides an interpretation of applicable laws, explains their scope and application, and ensures that such laws are effectively implemented in order to safeguard women’s legal rights. The Supreme Court is responsible for establishing precedents in the legal system through its decisions, which are then used as a basis for other courts’ and other government bodies’ decisions. These precedents set legal criteria, definitions, and remedies for cybercrimes committed against women, thereby establishing consistency in the manner in which these offences are addressed. It takes an active role in the analysis and development of legal frameworks, working to ensure that these frameworks are both comprehensive and able to adapt to the ever-changing nature of cybercrime.
The Legal Dilemma and Improvement Path of “Three-Trial Integration” in China’s Environmental Judicature
The construction of the environmental judicial trial model has its internal laws and external special evidence, which requires active responses from the legislative and judicial levels. Traditional litigation trials have been unable to adapt well to the trial of environmental judicial cases. The “Three-trial Integration” trial method that integrates civil, criminal, and administrative cases takes into account both environmental justice and judicial efficiency. However, from a practical point of view, the “Three-trial Integration” of environmental justice still has the legal dilemma of lack of legislation, judicial loopholes, and disorderly law enforcement. In view of this, it is necessary to clarify the legislative provisions of “Three-trial Integration”, establish a special environmental judicial trial institution, cultivate a professional environmental judicial trial team of “Three-trial Integration”, and unify the subject of “Three-trial Integration” in environmental judicial litigation qualifications and measures to clarify the legal boundaries and powers of environmental justice, in order to improve the professional trial model of environmental justice.
The Legal Status of the East African Community (EAC) in the Context of Dispute Resolution
Although it has taken place over more than ten years, the East African Community’s (hereinafter the EAC) “transformation” history is similar to those of other international regional organizations. For instance, before becoming the EU1, the European Economic Community (hereafter the EEC) also underwent significant “transformation.” More specifically, the essay considers the early stages of the EAC’s development, its early difficulties, and potential solutions to help it achieve its current status. The article also discusses the roles and responsibilities of the East African Community’s institutions and organs while touching on significant papers that have been confirmed and adopted by partner states. In order to distinguish the EAC from other regional economic organizations on the continent, the essay will also examine how successful the EAC has been in upholding the values of democracy, the rule of law, and social justice. This article’s conclusion will demonstrate that the EAC’s history of existence and its reestablishment in 2000 provide justification for embracing its legal status, particularly in light of one of their objectives to establish a federation among other principles listed in the treaty that are in line with the fundamental rules of International law. This study in its conclusion also looks into the need for a dispute resolution system, which is actually one of the main causes for why countries establish regional and international economic organizations. The establishment of such a dispute-resolution system reduces tension between nations and also encourages them to refrain from employing force to resolve any economic disagreements.
Best Practices in the Upstream Operations of the Oil and Gas Industry: The Case of Environmental and Social Impact Assessment (ESIA) in Cameroon
The oil and gas industry is a global, multi-trillion-dollar industry that includes the exploration, production, refining, and distribution of oil and gas products. The industry plays a vital role in the global economy, providing the energy needed for transportation, heating, and electricity generation. Environmental legislative and regulatory requirements applicable to oil and gas activities vary worldwide. However, in developing countries, adequate environmental laws are absent and where the laws exist; there is a lack of proper implementation. This paper adopts the qualitative research methodology making use of the doctrinal method. The paper reveals that in the absence of adequate environmental laws and enforcement in emerging economies, there have been calls for oil companies to voluntarily adopt “best practices” in emerging economies. The industry is, therefore, committed to improving environmental and social performance through greater quality, depth and uptake of good practice. However, no treaty has been negotiated with the specific aim of regulating the onshore and offshore activities of the oil and gas exploration and production industry operating within the borders of individual states. This stems historically from the view that the regulation of onshore and offshore resource exploitation falls within the domestic jurisdiction of states. In this context, the paper recommends that, there should be a strict respect of the standards guidelines and best operating practices developed by oil industry association bodies and nongovernmental and intergovernmental organizations (NGOs and IGOs). This is because they constitute the major efforts to achieve uniform standards and operating practices across the globe.
An Examination of Maintenance of Estranged and Divorced Spouses in Nigeria and United States of America
Marriage by mankind is a very good union but it encounters obstacles in every race especially when the two parties have to quit the union despite happy days spent together and not minding the effect of such a step on their children. The major obstacle encountered is how the maintenance of the dependent spouse will be accomplished. This is necessary, especially in Nigeria where there are numerous people that cannot enjoy the benefit of maintenance available in marriage under the Act such as those who married under the customary law or religious law only. This paper examined the Law in Nigeria, the common law position and that of the United States of America on the maintenance of estranged and divorced spouses. It examined the law on the maintenance of husband and wife living together in the same room but not in a cordial relationship. It also looked into that of those not living together but yet to finalise a divorce and of those who have legally divorced. The paper relied on both primary and secondary sources of information. The primary source included the statutory and case law in Nigeria and the United States, and other statutes. The secondary source included textbooks, journals and internet materials. It was further discovered that in Nigeria there are customary marriages and religious marriages which do not make provision for maintenance. They are different from marriage under the Act that provided for maintenance. In all the jurisdictions, the financially stronger spouses maintain the weaker ones despite the marred relationship. The paper concluded that fear of maintenance or inability to take care of oneself should not prevent separation or divorce. Besides, a divorce proceeding may take some time before it is decided in court but maintenance of the lesser-income spouse is essential. When the marital union is being affected by separation or during divorce proceedings or immediately after divorce the care should not be stopped by the party maintaining the family. Consequently, maintenance should be extended to every dependent spouse irrespective of the type of marriage that joined them together.
Interrogating Armed Conflict in the Context of Terrorism
Not all acts of terrorism amount to armed conflict while terrorism may be committed both at peacetime and in the time of war; several local and international instruments delimit the scope of what amounts to terrorism in no uniform standard. Thus the dividing line between terrorism and other acts of violence is hazy and that has created so many controversies in application. This paper, therefore is aimed at interrogating \armed conflict in the context of terrorism by examining how armed conflict influences terrorist activities globally. The paper is an attempt to resolve the questions whether there is nexus between terrorist activities and armed conflict. The writer adopts the doctrinal paper methods and relies majorly on primary sources of materials like treaties and customary international humanitarian Law and secondary materials like opinions of learned authors. The paper observes that some states have defined terrorism in such a way as to avoid giving international recognition to rebel groups. It further observes that even when terrorist acts by the armed groups no matter how small, the resulting counterterrorism operations by the State armed forces is usually very violent at times with civilian casualties which raises international concerns. The writer suggests a uniform understanding of what amounts to terrorism at international law to ease the application on how armed conflict in the context of terrorism can be better managed. The paper will add to the body of knowledge by identifying the controversial links between terrorism and other acts of violence and the need to arrive at a universal agreement for uniform application of international law.