Knowledge thrives on access to information. Recognizing this, the United Nations in 1945 adopted the Freedom of Information as a fundamental human right to which it is consecrated. Till date, 119 countries have enacted laws promoting access to information. However, the guarantee of the right to know goes beyond the passing of legislation to the establishment of capable implementing and enforcing institutions with clearly defined responsibilities to ensure that the laws are put into practice. This paper explores the institutional framework on the right to information in some jurisdictions—Nigeria, South Africa, Mexico and Hungary. It examines the implementing and enforcement models established in these jurisdictions. It finds that though each model has its advantages and disadvantages, the rate of success in the jurisdictions is largely influenced by local circumstances. It recommends that jurisdictions that are not making much progress in their enforcement efforts should reevaluate their design and make necessary adjustments, fully taking local circumstances and what works and what does not work for them into consideration; essentially the best practices.
{"title":"Institutional Framework on the Right to Information in Selected Jurisdictions","authors":"Ngozi J. Udombana, K. Quadri","doi":"10.4236/blr.2020.111017","DOIUrl":"https://doi.org/10.4236/blr.2020.111017","url":null,"abstract":"Knowledge thrives on access to information. Recognizing this, the United Nations in 1945 adopted the Freedom of Information as a fundamental human right to which it is consecrated. Till date, 119 countries have enacted laws promoting access to information. However, the guarantee of the right to know goes beyond the passing of legislation to the establishment of capable implementing and enforcing institutions with clearly defined responsibilities to ensure that the laws are put into practice. This paper explores the institutional framework on the right to information in some jurisdictions—Nigeria, South Africa, Mexico and Hungary. It examines the implementing and enforcement models established in these jurisdictions. It finds that though each model has its advantages and disadvantages, the rate of success in the jurisdictions is largely influenced by local circumstances. It recommends that jurisdictions that are not making much progress in their enforcement efforts should reevaluate their design and make necessary adjustments, fully taking local circumstances and what works and what does not work for them into consideration; essentially the best practices.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"201 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114984068","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}
In international law, deprivation of a people or nation of its political independence takes place through conquest or military occupation and annexation or formal integration. The incorporation of Manipur into the Union of India in 1972 characterizes the ultimate official annexation of the former by the latter. Annexation brings in political implications on the status of people of the annexed territory such as obliterating their earlier historical existence while imposing a new sense of allegiance to a foreign rule. In this context, the present article re-examines the nature of Indian occupation and subsequent annexation of Manipur. It seeks to highlight the international status of the territory of Manipur beginning 1949 by offering analytical treatment to two co-related phenomenon of occupation and annexation of a territory in international law. It is argued that the prohibition of annexation resulting from occupation is not merely concerned with normativity of international law but represents the implications on the lives of the people whose territory has been annexed. A critical review of the normative standards of international law as embodied in the Charter of the United Nations, resolutions by UN bodies, and a summary analysis of decisions of the International Court of Justice rendered in cases such as Palestine, Western Sahara, East Timor, etc. shows three distinct features in the relationship between the Union of India and Manipur—first, occupation of Manipur by India since 1949; second, annexation or formal incorporation of the territory of Manipur into Indian Union in 1972; and third, Indian State has assumed the role of an administering Power over the territory of Manipur with the implication that Manipur continues to remain an occupied territory under international law.
{"title":"Annexation of Manipur as the 19th State of India: The Status of the Territory of Manipur in International Law since 1949","authors":"Laishram Malem Mangal","doi":"10.4236/blr.2020.111022","DOIUrl":"https://doi.org/10.4236/blr.2020.111022","url":null,"abstract":"In international law, deprivation of a people or nation of its political independence takes place through conquest or military occupation and annexation or formal integration. The incorporation of Manipur into the Union of India in 1972 characterizes the ultimate official annexation of the former by the latter. Annexation brings in political implications on the status of people of the annexed territory such as obliterating their earlier historical existence while imposing a new sense of allegiance to a foreign rule. In this context, the present article re-examines the nature of Indian occupation and subsequent annexation of Manipur. It seeks to highlight the international status of the territory of Manipur beginning 1949 by offering analytical treatment to two co-related phenomenon of occupation and annexation of a territory in international law. It is argued that the prohibition of annexation resulting from occupation is not merely concerned with normativity of international law but represents the implications on the lives of the people whose territory has been annexed. A critical review of the normative standards of international law as embodied in the Charter of the United Nations, resolutions by UN bodies, and a summary analysis of decisions of the International Court of Justice rendered in cases such as Palestine, Western Sahara, East Timor, etc. shows three distinct features in the relationship between the Union of India and Manipur—first, occupation of Manipur by India since 1949; second, annexation or formal incorporation of the territory of Manipur into Indian Union in 1972; and third, Indian State has assumed the role of an administering Power over the territory of Manipur with the implication that Manipur continues to remain an occupied territory under international law.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126800931","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}
In Nigeria, there is no law for the prosecution of corporations for crimes of corporate manslaughter by negligence. However, in recent times, the English legal system and other common law jurisdictions have made provisions in their laws in relation to workplace deaths (Idem, 2013a). The authors seek to discuss corporate manslaughter in some common law countries and to assess the extent to which Nigerian law deals with the problem of corporate manslaughter (Idem, 2013b). The authors adopt expository, analytical and comparative methods in conducting this research (https://sprojectng.com/developing-an-effective-legal-framework-for-corporate-criminal-liability-administration-in-nigeria). Part of the findings of this work is that in Nigeria, the principal legislation, that is, the Criminal and Penal Codes lack an adequate, consistent and coherent theoretical legal basis for corporate crime. The paper suggests amendment of our laws to accommodate corporate manslaughter, or in the alternative, the writer encourages the present Nigerian Senate of the National Assembly to re-represent Corporate Manslaughter Billto Mr. President for assent.
{"title":"Corporate Manslaughter Law in Nigeria: A Comparative Study","authors":"Olarinde E. Smaranda, Udosen Jacob","doi":"10.4236/blr.2020.111023","DOIUrl":"https://doi.org/10.4236/blr.2020.111023","url":null,"abstract":"In Nigeria, there is no law for the prosecution of corporations for crimes of corporate manslaughter by negligence. However, in recent times, the English legal system and other common law jurisdictions have made provisions in their laws in relation to workplace deaths (Idem, 2013a). The authors seek to discuss corporate manslaughter in some common law countries and to assess the extent to which Nigerian law deals with the problem of corporate manslaughter (Idem, 2013b). The authors adopt expository, analytical and comparative methods in conducting this research \u0000(https://sprojectng.com/developing-an-effective-legal-framework-for-corporate-criminal-liability-administration-in-nigeria). Part of the findings of this work is that in Nigeria, the principal legislation, that is, the Criminal and Penal Codes lack an adequate, consistent and coherent theoretical legal basis for corporate crime. The paper suggests amendment of our laws to accommodate corporate manslaughter, or in the alternative, the writer encourages the present Nigerian Senate of the National Assembly to re-represent Corporate Manslaughter Billto Mr. President for assent.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129363261","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}
In the past decade, Nigeria has experienced an increased rate of sexual violence in armed conflict between the armed forces of the State and the dissident armed group, Boko Haram. This paper carefully examines the challenges of prosecuting sexual violence in armed conflict under the Nigerian law. The paper extensively analyzes sexual violence in the context of non international armed conflict. It traces the history of sexual violence in armed conflicts in Nigeria. The paper reaffirms the point that sexual violence in times of armed conflict constitutes an international crime. It contends that the inability to prosecute is based on some factors which include the lack of relevant laws to address the crime as well as the absence of domestication of international treaties in this regard as a major constraint to prosecution. It is argued therefore that this creates a gap in terms of protection afforded victims as well as accountability of perpetrators. The paper concludes by recommending that all laws prohibiting sexual violence which have been ratified should be domesticated in order to have the platform upon which accountability will stand.
{"title":"Challenges in Prosecuting Sexual Violence in Armed Conflict under Nigerian Law","authors":"T. U. Akpoghome, U. V. Awhefeada","doi":"10.4236/blr.2020.111018","DOIUrl":"https://doi.org/10.4236/blr.2020.111018","url":null,"abstract":"In the past decade, Nigeria has experienced an increased rate of sexual violence in armed conflict between the armed forces of the State and the dissident armed group, Boko Haram. This paper carefully examines the challenges of prosecuting sexual violence in armed conflict under the Nigerian law. The paper extensively analyzes sexual violence in the context of non international armed conflict. It traces the history of sexual violence in armed conflicts in Nigeria. The paper reaffirms the point that sexual violence in times of armed conflict constitutes an international crime. It contends that the inability to prosecute is based on some factors which include the lack of relevant laws to address the crime as well as the absence of domestication of international treaties in this regard as a major constraint to prosecution. It is argued therefore that this creates a gap in terms of protection afforded victims as well as accountability of perpetrators. The paper concludes by recommending that all laws prohibiting sexual violence which have been ratified should be domesticated in order to have the platform upon which accountability will stand.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130578362","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}
Kidnapping is now a disturbing security problem in Nigeria. Using ideas pieced together from newspapers, magazines and interviews this paper traces the origin of the problem to the crisis in the oil-rich Niger Delta region in the 1990s. The paper discusses how the Niger Delta militants used it as a pressure tactic for getting the government to address the grievances of oil pollution in their communities. The victims, at the initial stage, were expatriate oil workers. They were taken and political demands made for their release. In the second stage of the problem’s evolution, the militants collected ransoms for releasing their captives and the money used it to finance their insurgency against the Nigerian state. The third stage of the evolution was when it was hijacked by some criminal elements that turned it to a form of extortionate terrorism now difficult to manage. At this stage, the oil workers, members of their families, rich community members and politicians were kidnapped and ransoms taken before releasing them. The problem soon extended to the other parts of the country from the Niger Delta because of the poor way this form of violent extremism was managed by the Nigerian state. Not even the amnesty granted the Niger Delta militants in 2009 and in several other parts of Nigeria (where kidnapping now takes place) has been good enough to stop what now appears to be career criminality.
{"title":"Back to the Past: Evolution of Kidnapping and Hostage Taking in the Niger Delta, Nigeria","authors":"I. Albert, N. Danjibo, Olumayowa Oreoluwa Albert","doi":"10.4236/blr.2020.111015","DOIUrl":"https://doi.org/10.4236/blr.2020.111015","url":null,"abstract":"Kidnapping is now a disturbing security problem in Nigeria. Using ideas pieced together from newspapers, magazines and interviews this paper traces the origin of the problem to the crisis in the oil-rich Niger Delta region in the 1990s. The paper discusses how the Niger Delta militants used it as a pressure tactic for getting the government to address the grievances of oil pollution in their communities. The victims, at the initial stage, were expatriate oil workers. They were taken and political demands made for their release. In the second stage of the problem’s evolution, the militants collected ransoms for releasing their captives and the money used it to finance their insurgency against the Nigerian state. The third stage of the evolution was when it was hijacked by some criminal elements that turned it to a form of extortionate terrorism now difficult to manage. At this stage, the oil workers, members of their families, rich community members and politicians were kidnapped and ransoms taken before releasing them. The problem soon extended to the other parts of the country from the Niger Delta because of the poor way this form of violent extremism was managed by the Nigerian state. Not even the amnesty granted the Niger Delta militants in 2009 and in several other parts of Nigeria (where kidnapping now takes place) has been good enough to stop what now appears to be career criminality.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123410132","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}
Over the years, successive constitutions of the Federal Republic of Nigeria have included in their provisions defence of property as a permissible derogation to the right to life in Nigeria. This defence as exception to the right to life appeared to pay host to debates of scholars as to the propriety of equating killing in defence of property to right to life in Nigeria. This paper was commenced by a careful review of Nigerian law on right to life for the purpose of identifying areas that Nigerian law falls below international benchmark for the protection of the life of human person. It was discovered that the major challenge to the protection of right to life in Nigeria has been the lacunae in the Nigerian law. The provisions of Nigerian constitution with regard to the derogations of right to life fall short of global trend on the protection of right to life. A careful review of the problems shows that there is the need for Nigerian constitution to be amended to delete some limitation clauses on the full realisation of right to life in Nigeria.
{"title":"To What Extent Is Killing in Defence of Property Equal to Right to Life in Nigeria?","authors":"I. Igwe","doi":"10.4236/blr.2020.111001","DOIUrl":"https://doi.org/10.4236/blr.2020.111001","url":null,"abstract":"Over the years, successive constitutions of the Federal Republic of Nigeria have included in their provisions defence of property as a permissible derogation to the right to life in Nigeria. This defence as exception to the right to life appeared to pay host to debates of scholars as to the propriety of equating killing in defence of property to right to life in Nigeria. This paper was commenced by a careful review of Nigerian law on right to life for the purpose of identifying areas that Nigerian law falls below international benchmark for the protection of the life of human person. It was discovered that the major challenge to the protection of right to life in Nigeria has been the lacunae in the Nigerian law. The provisions of Nigerian constitution with regard to the derogations of right to life fall short of global trend on the protection of right to life. A careful review of the problems shows that there is the need for Nigerian constitution to be amended to delete some limitation clauses on the full realisation of right to life in Nigeria.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123929628","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}
The present paper seeks to examine various issues of the contemporary International Investment Law within the classical international law framework found in Vattel’s Law of Nations written in the mid of the eighteenth century. On study it is found that Vattel’s work is an enriching source for the natural law principles contextually applicable to the contemporary international investment law. It is found that many of the contemporary international law institutions for protection of foreign investments like the scope and standards for protection of foreign investments, principles of reparation, exhaustion of local remedies, diplomatic protection, treaty based protection for foreign investments, measures for peaceful and coercive dispute resolution etc. can be traced in Vattel’s classical work. Contextualization of Vattel’s classical work to the contemporary issues of international investment law has the potential to enrich the contemporary literatures and jurisprudence on international investment law, particularly from the perspectives of pragmatic natural law philosophy.
{"title":"Revisiting Vattel’s Law of Nations to Discern the Classical Principles of the International Investment Law","authors":"A. Vaksha, Surya Prakash Singh","doi":"10.4236/blr.2020.111019","DOIUrl":"https://doi.org/10.4236/blr.2020.111019","url":null,"abstract":"The present paper seeks to examine various issues of the contemporary International Investment Law within the classical international law framework found in Vattel’s Law of Nations written in the mid of the eighteenth century. On study it is found that Vattel’s work is an enriching source for the natural law principles contextually applicable to the contemporary international investment law. It is found that many of the contemporary international law institutions for protection of foreign investments like the scope and standards for protection of foreign investments, principles of reparation, exhaustion of local remedies, diplomatic protection, treaty based protection for foreign investments, measures for peaceful and coercive dispute resolution etc. can be traced in Vattel’s classical work. Contextualization of Vattel’s classical work to the contemporary issues of international investment law has the potential to enrich the contemporary literatures and jurisprudence on international investment law, particularly from the perspectives of pragmatic natural law philosophy.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130964717","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}
During the current investment boom, any Intellectual Property, especially of film, is one of the long-lasting destinations that capital pursues. As a result, the new model in the film capitalization, a high-priced bet agreement between the producer and the distributor, appeared in the capital market. This model exists some characteristics as high valuation and high risk, once encountered force majeure; they will make the whole film capital market vulnerable. This paper takes “Lost in Russia” as an example, through the analysis of VAM in the process of film capitalization, further explores the operability and risk of film capitalization.
{"title":"“Valuation Adjustment Mechanism” in the Film Capitalization —A Case Study of the Movie “Lost in Russia”","authors":"M. Chen","doi":"10.4236/blr.2020.111014","DOIUrl":"https://doi.org/10.4236/blr.2020.111014","url":null,"abstract":"During the current investment boom, any Intellectual Property, especially of film, is one of the long-lasting destinations that capital pursues. As a result, the new model in the film capitalization, a high-priced bet agreement between the producer and the distributor, appeared in the capital market. This model exists some characteristics as high valuation and high risk, once encountered force majeure; they will make the whole film capital market vulnerable. This paper takes “Lost in Russia” as an example, through the analysis of VAM in the process of film capitalization, further explores the operability and risk of film capitalization.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126890236","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}
This article identifies the growing phenomenon of professionals suing their clients/patients for online defamation of their professional status and reputation. It reviews the phenomenon of ratings websites and scrutinises the growing popularity of such forms of feedback, identifying benefits but also detriments of such sites, especially when they are commercially influenced or unregulated. It notes that adverse feedback can be legitimate and helpful for both consumers and professionals but that it can also be the product of distress, anger and malice. This article reviews key court decisions in Germany, England, Canada and Australia where actions by disgruntled practitioners against clients/patients and/or publishing websites have succeeded in spite of the traditional diffidence on the part of professionals to engage in such litigation. It argues that the phenomena of defamation actions taken by professionals against their clients/patients and attempts to secure injunctive relief to prevent ongoing publication of false and reputation-damaging material are likely to grow in light of the potential for disinhibited and damaging publications by aggrieved persons on social media and other online forums.
{"title":"Vindication of Professional Reputation Arising from Defamatory Online Publications","authors":"Q. C. I. Freckelton","doi":"10.4236/blr.2020.111024","DOIUrl":"https://doi.org/10.4236/blr.2020.111024","url":null,"abstract":"This article identifies the growing phenomenon of professionals suing their clients/patients for online defamation of their professional status and reputation. It reviews the phenomenon of ratings websites and scrutinises the growing popularity of such forms of feedback, identifying benefits but also detriments of such sites, especially when they are commercially influenced or unregulated. It notes that adverse feedback can be legitimate and helpful for both consumers and professionals but that it can also be the product of distress, anger and malice. This article reviews key court decisions in Germany, England, Canada and Australia where actions by disgruntled practitioners against clients/patients and/or publishing websites have succeeded in spite of the traditional diffidence on the part of professionals to engage in such litigation. It argues that the phenomena of defamation actions taken by professionals against their clients/patients and attempts to secure injunctive relief to prevent ongoing publication of false and reputation-damaging material are likely to grow in light of the potential for disinhibited and damaging publications by aggrieved persons on social media and other online forums.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117081499","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}
Dispute Resolution method like culture is a way of life. Every method is special to people based on their value orientation and the desire to preserve social norms. Before the advent of colonial rule and regular court system to Nigeria, Southeast of Nigeria had a system of dispute resolution mechanism adjudged to be simple, inexpensive and friendly. Resolutions of disputes were handled by family heads, village heads, elders, kindred, age grade, council of elders, chiefs, chief priests, judicial council among others. The practice was very strong until it was watered-down by the advent of colonial administration and regular court system. The end product was the introduction of western methods of dispute resolution in Nigeria which have remained in constant battle with the tradition of the people Southeast of Nigeria. This work became imperative in view of strong calls to return to indigenous methods of dispute resolution in Southeast Nigeria. The aim of this is to ensure that parties to a dispute amicably resolve their differences outside the normal courtroom processes. This paper was commenced by investigating into various traditional means of dispute resolution in Southeast.
{"title":"A Review of Continuous Relevance of the Traditional Methods of Dispute Resolution Mechanism in Southeast of Nigeria","authors":"I. Igwe, K. O. Udude, O. Constance","doi":"10.4236/blr.2020.111003","DOIUrl":"https://doi.org/10.4236/blr.2020.111003","url":null,"abstract":"Dispute Resolution method like culture is a way of life. Every method is special to people based on their value orientation and the desire to preserve social norms. Before the advent of colonial rule and regular court system to Nigeria, Southeast of Nigeria had a system of dispute resolution mechanism adjudged to be simple, inexpensive and friendly. Resolutions of disputes were handled by family heads, village heads, elders, kindred, age grade, council of elders, chiefs, chief priests, judicial council among others. The practice was very strong until it was watered-down by the advent of colonial administration and regular court system. The end product was the introduction of western methods of dispute resolution in Nigeria which have remained in constant battle with the tradition of the people Southeast of Nigeria. This work became imperative in view of strong calls to return to indigenous methods of dispute resolution in Southeast Nigeria. The aim of this is to ensure that parties to a dispute amicably resolve their differences outside the normal courtroom processes. This paper was commenced by investigating into various traditional means of dispute resolution in Southeast.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125924394","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}
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