À l'aune du 22e anniversaire de l'adoption du Statut de Rome, cet article se propose de mettre en exergue, d'une part, le rôle central de la Cour pénale internationale dans la reconstruction de l’état de droit dans les sociétés post-conflit tout en insistant d'autre part sur le résultat contrasté de son action dans l'atteinte de cette fin. Enfin, souligne-t-il l'absolue nécessité d'un aggiornamento de la stratégie d'impact de la CPI de sorte à renforcer efficacement, au-delà de la seule salle d'audience, sa contribution au rétablissement de l’État de droit dans les sociétés post-conflit en Afrique sur le terrain.
{"title":"La Contribution de la Cour Penale Internationale à la Reconstruction de l’état de Droit dans les Sociétés Post-conflit en Afrique : Vingt-deux Ans après, Quel Bilan ?","authors":"Judicaël Elisée Tiehi","doi":"10.3366/AJICL.2021.0354","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0354","url":null,"abstract":"À l'aune du 22e anniversaire de l'adoption du Statut de Rome, cet article se propose de mettre en exergue, d'une part, le rôle central de la Cour pénale internationale dans la reconstruction de l’état de droit dans les sociétés post-conflit tout en insistant d'autre part sur le résultat contrasté de son action dans l'atteinte de cette fin. Enfin, souligne-t-il l'absolue nécessité d'un aggiornamento de la stratégie d'impact de la CPI de sorte à renforcer efficacement, au-delà de la seule salle d'audience, sa contribution au rétablissement de l’État de droit dans les sociétés post-conflit en Afrique sur le terrain.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"138-153"},"PeriodicalIF":0.2,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44877823","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}
Nations, in their interaction with the international system, usually have in place a legal regime governing the external exercise of the powers of the state. This regime Curtis Bradley describes as the foreign relations law (FRL) architecture of a state. In a conventional FRL system, plenary powers for the conduct of international relations reside with the central government. For countries operating a federal system of government, the centripetal and centrifugal dynamics inherent in this system of government pose a serious challenge to this orthodoxy. More so, catalysed by globalisation, subnational governments (SNGs) in federal systems are increasingly affecting the reception and operation of international norms and acting as ‘paradiplomatic’ actors in the foreign relations sphere. This emergent trend has led to a growing body of scholarship that considers individual and comparative case studies across different jurisdictions. Focusing on Nigeria as a case study, this article evaluates recent empirical evidence that shows an increase in external interactions by Nigeria's SNGs in the FDI sector since 1999. The article argues that these external interactions by Nigeria's SNGs are a deviation from the conventional constitutional configuration of Nigeria's FRL setup wherein plenary powers for foreign relations have been allocated to the Federal Government (FG).
{"title":"Sub-national Involvement in Nigeria's Foreign Relations Law: An Appraisal of the Heterodoxy between Theory and Practice","authors":"O. Omiunu, Ifeanyichukwu Azuka Aniyie","doi":"10.3366/ajicl.2022.0407","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0407","url":null,"abstract":"Nations, in their interaction with the international system, usually have in place a legal regime governing the external exercise of the powers of the state. This regime Curtis Bradley describes as the foreign relations law (FRL) architecture of a state. In a conventional FRL system, plenary powers for the conduct of international relations reside with the central government. For countries operating a federal system of government, the centripetal and centrifugal dynamics inherent in this system of government pose a serious challenge to this orthodoxy. More so, catalysed by globalisation, subnational governments (SNGs) in federal systems are increasingly affecting the reception and operation of international norms and acting as ‘paradiplomatic’ actors in the foreign relations sphere. This emergent trend has led to a growing body of scholarship that considers individual and comparative case studies across different jurisdictions. Focusing on Nigeria as a case study, this article evaluates recent empirical evidence that shows an increase in external interactions by Nigeria's SNGs in the FDI sector since 1999. The article argues that these external interactions by Nigeria's SNGs are a deviation from the conventional constitutional configuration of Nigeria's FRL setup wherein plenary powers for foreign relations have been allocated to the Federal Government (FG).","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47830633","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}
Timeshare property interest has become a major business worldwide. The protection of consumers in various timeshare-related contracts has been characterised by challenges due to outdated laws, lack of appropriate legislation as new products are introduced on the market as well as the inclusion of unfair terms. The European Union (EU) adopted the Timeshare Directive 2008/122/EC which governs a broad range of timeshare-related contracts, namely: timeshare, long-term holiday products, and resale and exchange contracts. In comparison, South Africa and Kenya do not have consolidated legislation that govern timeshare-related contracts. In South Africa, timeshare agreements fall under the Consumer Protection Act 68 of 2008, the Property Time-sharing Control Act 75 of 1993 as well as under common law. In Kenya, the Consumer Protection Act 46 of 2012, which was revised in 2016, governs specific consumer agreements including timeshare contracts. The article compares the position of consumers who enter into timeshare-related services in South Africa, Kenya and the EU. It is argued that the problems faced by consumers who enter into timeshare-related contracts in South Africa and Kenya necessitate legislative protection which should consist of a consolidated statute that specifically regulates such contracts for the attainment of a high level consumer protection.
{"title":"Towards an Extensive Statutory Protection of Consumers in Timeshare Agreements: A Comparative Perspective","authors":"Y. Mupangavanhu","doi":"10.3366/AJICL.2021.0353","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0353","url":null,"abstract":"Timeshare property interest has become a major business worldwide. The protection of consumers in various timeshare-related contracts has been characterised by challenges due to outdated laws, lack of appropriate legislation as new products are introduced on the market as well as the inclusion of unfair terms. The European Union (EU) adopted the Timeshare Directive 2008/122/EC which governs a broad range of timeshare-related contracts, namely: timeshare, long-term holiday products, and resale and exchange contracts. In comparison, South Africa and Kenya do not have consolidated legislation that govern timeshare-related contracts. In South Africa, timeshare agreements fall under the Consumer Protection Act 68 of 2008, the Property Time-sharing Control Act 75 of 1993 as well as under common law. In Kenya, the Consumer Protection Act 46 of 2012, which was revised in 2016, governs specific consumer agreements including timeshare contracts. The article compares the position of consumers who enter into timeshare-related services in South Africa, Kenya and the EU. It is argued that the problems faced by consumers who enter into timeshare-related contracts in South Africa and Kenya necessitate legislative protection which should consist of a consolidated statute that specifically regulates such contracts for the attainment of a high level consumer protection.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"117-137"},"PeriodicalIF":0.2,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42090166","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 principle of complementarity is one of the most important concepts in international criminal law as it defines the relationship between international criminal tribunals and domestic courts. Certain claims have been made in respect of this concept thus this study examines the correctness of the claims made. The study finds that the concept is claimed to have originated from the sciences and that its expression in international criminal law has taken a distinctive form different from that in the sciences, that it is traceable to the First World War and that there are at least about four categories of the concept. The study, however, argues that while the concept originated from the sciences, its expression in international criminal law is no different from that in the sciences, that it is traceable to the trial of Peter von Hagenbach in 1474 (the Breisach Trial) and that there are at least five categories of the concept. The study therefore concludes that the claims made are incorrect.
{"title":"The Principle of Complementarity: A Reflection on Its Meaning, Origin and Types in International Criminal Law","authors":"M. Adigun","doi":"10.3366/AJICL.2021.0351","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0351","url":null,"abstract":"The principle of complementarity is one of the most important concepts in international criminal law as it defines the relationship between international criminal tribunals and domestic courts. Certain claims have been made in respect of this concept thus this study examines the correctness of the claims made. The study finds that the concept is claimed to have originated from the sciences and that its expression in international criminal law has taken a distinctive form different from that in the sciences, that it is traceable to the First World War and that there are at least about four categories of the concept. The study, however, argues that while the concept originated from the sciences, its expression in international criminal law is no different from that in the sciences, that it is traceable to the trial of Peter von Hagenbach in 1474 (the Breisach Trial) and that there are at least five categories of the concept. The study therefore concludes that the claims made are incorrect.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"82-94"},"PeriodicalIF":0.2,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43223445","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}
{"title":"Back matter","authors":"","doi":"10.3366/ajicl.2021.0357","DOIUrl":"https://doi.org/10.3366/ajicl.2021.0357","url":null,"abstract":"","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44199061","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}
Ashraf M. A. Elfakharani, R. A. Rahman, Hamza E. Albaheth, Nor Anita Abdullah
Bilateral investment treaties (BITs), as the name indicates, are meant to govern investment relations between two signatory states. In this context, Egypt holds a significant place among all respondent states, having to face a very high number of legal issues from foreign investors. These cases are pending before several international investment tribunals and Egypt is facing claims of over USD 20 billion annually from its foreign investors. In spite of such a grim situation, there are legal arbitrations that have increased the appearance of Egypt in international arbitration forums. There are several reasons for such a situation to arise, mainly because of the governmental measures towards foreign investors and interests. This article argues that in spite of the unspecified criteria shown towards foreign investors, the Bilateral Investment Treaty's items have played a vital role in increasing Egyptian appearances.
{"title":"Bilateral Investment Treaties and the Increase in Egyptian Appearances before International Arbitration Tribunals","authors":"Ashraf M. A. Elfakharani, R. A. Rahman, Hamza E. Albaheth, Nor Anita Abdullah","doi":"10.3366/AJICL.2021.0349","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0349","url":null,"abstract":"Bilateral investment treaties (BITs), as the name indicates, are meant to govern investment relations between two signatory states. In this context, Egypt holds a significant place among all respondent states, having to face a very high number of legal issues from foreign investors. These cases are pending before several international investment tribunals and Egypt is facing claims of over USD 20 billion annually from its foreign investors. In spite of such a grim situation, there are legal arbitrations that have increased the appearance of Egypt in international arbitration forums. There are several reasons for such a situation to arise, mainly because of the governmental measures towards foreign investors and interests. This article argues that in spite of the unspecified criteria shown towards foreign investors, the Bilateral Investment Treaty's items have played a vital role in increasing Egyptian appearances.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"40-61"},"PeriodicalIF":0.2,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44536542","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 judgments of the ECOWAS Court, which are final and immediately binding, are vital for the realisation of ECOWAS aims and objectives. The enforcement of its judgments is particularly important i...
{"title":"The Puzzling Paradox Presented within the African Supranational Judicial Institutions: The ECOWAS Court of Justice","authors":"K. Ibrahim","doi":"10.3366/ajicl.2020.0333","DOIUrl":"https://doi.org/10.3366/ajicl.2020.0333","url":null,"abstract":"The judgments of the ECOWAS Court, which are final and immediately binding, are vital for the realisation of ECOWAS aims and objectives. The enforcement of its judgments is particularly important i...","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"28 1","pages":"86-109"},"PeriodicalIF":0.2,"publicationDate":"2020-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45609331","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}
Human rights systems are often assessed on the substantive rights they provide rather than the remedies available when those rights are violated. This article traces the developments of the African...
{"title":"The Makings of Remedies: The (R)evolution of the African Court on Human and Peoples’ Rights' Remedies Regime in Fair Trial Cases","authors":"Misha Ariana Plagis","doi":"10.3366/ajicl.2020.0331","DOIUrl":"https://doi.org/10.3366/ajicl.2020.0331","url":null,"abstract":"Human rights systems are often assessed on the substantive rights they provide rather than the remedies available when those rights are violated. This article traces the developments of the African...","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"28 1","pages":"45-71"},"PeriodicalIF":0.2,"publicationDate":"2020-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43536011","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}
La Cour africaine a rendu un arret le 11 mai 2018 contre la Republique du Mali pour discrimination et violation de droits a l’egard des femmes, prolonge les debats polemiques autour de la codificat...
{"title":"La condamnation du Mali par la Cour africaine des droits de l'homme, vers une ultime relecture du code des personnes et de la famille","authors":"M. Dembele","doi":"10.3366/ajicl.2020.0332","DOIUrl":"https://doi.org/10.3366/ajicl.2020.0332","url":null,"abstract":"La Cour africaine a rendu un arret le 11 mai 2018 contre la Republique du Mali pour discrimination et violation de droits a l’egard des femmes, prolonge les debats polemiques autour de la codificat...","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"28 1","pages":"72-85"},"PeriodicalIF":0.2,"publicationDate":"2020-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45738049","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}
Africa is home to a high number of international courts exercising supranational jurisdiction in diverse fields of law, including human rights and economic integration. This Special Issue discusses...
非洲有许多国际法院，在包括人权和经济一体化在内的各种法律领域行使超国家管辖权。本期专题讨论……
{"title":"The Judicial Power of Africa's Supranational Courts: Introduction","authors":"J. Fahner","doi":"10.3366/ajicl.2020.0328","DOIUrl":"https://doi.org/10.3366/ajicl.2020.0328","url":null,"abstract":"Africa is home to a high number of international courts exercising supranational jurisdiction in diverse fields of law, including human rights and economic integration. This Special Issue discusses...","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"28 1","pages":"1-9"},"PeriodicalIF":0.2,"publicationDate":"2020-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46503083","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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