After discovering oil, Ghana enacted the Petroleum Revenue Management Act (PRMA) and separated the oil revenue from the Consolidated Fund. The PRMA guides oil revenue management to benefit all Ghanaians and cause growth. Despite the PRMA, Ghanaians are pessimistic about managing the oil revenue due to mismanagement issues. It includes the Finance Minister’s discretionary powers. This article interrogates whether the PRMA would help Ghana escape the resource curse by focusing on the discretionary powers granted to the Finance Minister under the PRMA. The article argues that until these provisions on the capabilities of the Minister are amended, Ghana may see little benefits from the oil discovered.
{"title":"Would Ghana Escape the Resource Curse? Reflections on the Minister of Finance's Power under the Petroleum Revenue Management Act as Amended","authors":"C. Adomako-Kwakye","doi":"10.3366/ajicl.2023.0441","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0441","url":null,"abstract":"After discovering oil, Ghana enacted the Petroleum Revenue Management Act (PRMA) and separated the oil revenue from the Consolidated Fund. The PRMA guides oil revenue management to benefit all Ghanaians and cause growth. Despite the PRMA, Ghanaians are pessimistic about managing the oil revenue due to mismanagement issues. It includes the Finance Minister’s discretionary powers. This article interrogates whether the PRMA would help Ghana escape the resource curse by focusing on the discretionary powers granted to the Finance Minister under the PRMA. The article argues that until these provisions on the capabilities of the Minister are amended, Ghana may see little benefits from the oil discovered.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41648513","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}
Legal aid is arguably one of many undervalued fundamental rights in numerous jurisdictions – Nigeria included. Hence there is more emphasis on the right to a fair trial and less on how it is to be achieved if the litigant cannot afford the services of a lawyer for legal representation and legal advice. In a broader sense, it is described in line with access to justice which means that all individuals have the right to be treated fairly before the law and are entitled to seek redress if such protections are violated. The right to legal aid relates more specifically to the ability to access judicial institutions via legal personnel who protect the rights of individuals faced with litigation for free – as long as they are eligible – and, more importantly, to maintain an individual’s privilege to be heard before the courts regardless of their social standing. The laws and rules that guide the legal aid provision in Nigeria are extensive at the international and national level. However, accessing legal aid in Nigeria is still a distant reality for many that need it the most, especially those that are faced with the possibility of prolonged detention if they remain without access. The obstacles facing the legal aid provision in Nigeria often points to the lack of funding, inadequate legal aid providers, lack of awareness, etc. which are credible and thoroughly executed in the extant literature. However, this article departs from the usual discussion on impediments and possible solutions, e.g. adequate funding, increased scope of providers, encouragement of awareness through community projects, etc. but aims to examine another auspicious approach that could improve the operations of the legal aid scheme from a practical perspective. The objective is to create a feasible implementation strategy involving legal aid providers, devoid of government interference through regulatory intermediaries.
{"title":"Enhancing the Legal Aid Provision in Nigeria through Regulatory Intermediaries","authors":"O. Onafuwa","doi":"10.3366/ajicl.2023.0440","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0440","url":null,"abstract":"Legal aid is arguably one of many undervalued fundamental rights in numerous jurisdictions – Nigeria included. Hence there is more emphasis on the right to a fair trial and less on how it is to be achieved if the litigant cannot afford the services of a lawyer for legal representation and legal advice. In a broader sense, it is described in line with access to justice which means that all individuals have the right to be treated fairly before the law and are entitled to seek redress if such protections are violated. The right to legal aid relates more specifically to the ability to access judicial institutions via legal personnel who protect the rights of individuals faced with litigation for free – as long as they are eligible – and, more importantly, to maintain an individual’s privilege to be heard before the courts regardless of their social standing. The laws and rules that guide the legal aid provision in Nigeria are extensive at the international and national level. However, accessing legal aid in Nigeria is still a distant reality for many that need it the most, especially those that are faced with the possibility of prolonged detention if they remain without access. The obstacles facing the legal aid provision in Nigeria often points to the lack of funding, inadequate legal aid providers, lack of awareness, etc. which are credible and thoroughly executed in the extant literature. However, this article departs from the usual discussion on impediments and possible solutions, e.g. adequate funding, increased scope of providers, encouragement of awareness through community projects, etc. but aims to examine another auspicious approach that could improve the operations of the legal aid scheme from a practical perspective. The objective is to create a feasible implementation strategy involving legal aid providers, devoid of government interference through regulatory intermediaries.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49576558","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}
Telemedicine is a component of the greater field of eHealth which entails the use of information communication technology for health and may be broadly understood as the provision of healthcare over distances making use of these information and communication technologies. Despite early resistance to telemedical practices, mHealth and eHealth have become omnipresent and as such the value of this form of healthcare service delivery can no longer be denied. However, medical service delivery cannot be unfettered and it is important that the implementation and practice of telemedicine be properly regulated. In order to do so, cognisance of the local environment and the specific challenges that the environment brings needs to be taken. Once the challenges are known, the appropriate remedies may be provided for in regulatory instruments. As such, this article attempts to identify the legal challenges posed to telemedicine in South Africa and to examine if, and if so, how these challenges are addressed by various regulatory instruments including legislation and ethical guidelines.
{"title":"Challenges to and Regulation of Telemedicine in South Africa","authors":"L. Prinsen","doi":"10.3366/ajicl.2023.0444","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0444","url":null,"abstract":"Telemedicine is a component of the greater field of eHealth which entails the use of information communication technology for health and may be broadly understood as the provision of healthcare over distances making use of these information and communication technologies. Despite early resistance to telemedical practices, mHealth and eHealth have become omnipresent and as such the value of this form of healthcare service delivery can no longer be denied. However, medical service delivery cannot be unfettered and it is important that the implementation and practice of telemedicine be properly regulated. In order to do so, cognisance of the local environment and the specific challenges that the environment brings needs to be taken. Once the challenges are known, the appropriate remedies may be provided for in regulatory instruments. As such, this article attempts to identify the legal challenges posed to telemedicine in South Africa and to examine if, and if so, how these challenges are addressed by various regulatory instruments including legislation and ethical guidelines.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48806168","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":"Front matter","authors":"","doi":"10.3366/ajicl.2023.0439","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0439","url":null,"abstract":"","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135383155","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 article reflects on slavery and colonialism and how both historical crimes affect Africa and its peoples. It argues that the struggle against slavery laid the foundation for the modern human rights movement. The desire to recover the losses suffered from the depredations and plunder of colonialism, in part, shaped the evolution of the right to development. The article calls for reparation for Africa for the damages the continent and its peoples suffered from slavery and colonialism. It argues that the concept of universal human rights is meaningless without some form of atonement for universal human wrongs.
{"title":"The Past as Prologue: Slavery, Colonialism and Modern Human Rights","authors":"N. Udombana","doi":"10.3366/ajicl.2023.0447","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0447","url":null,"abstract":"The article reflects on slavery and colonialism and how both historical crimes affect Africa and its peoples. It argues that the struggle against slavery laid the foundation for the modern human rights movement. The desire to recover the losses suffered from the depredations and plunder of colonialism, in part, shaped the evolution of the right to development. The article calls for reparation for Africa for the damages the continent and its peoples suffered from slavery and colonialism. It argues that the concept of universal human rights is meaningless without some form of atonement for universal human wrongs.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49192248","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}
P. A. Ejembi, Joycelin Chinwe Eze-Okubuiro, Obinna James Edeh, Uche Nnawulez
This article appraised self-determination and the polemics of secession under the nuanced principles of international law with particular reference to Nigeria and Cameroon. It espoused and restates the principles of self-determination and secession in a manner that will engender peace and security, taking into consideration the yearnings and aspirations of marginalised and vulnerable groups. The article finds that although secession is not explicitly prohibited under international law, there are controversies and ambiguities regarding its legality as a corollary of the right to self-determination. This state of affairs is exacerbated by the recondite position of international law regarding the legality of the exercise of secession and the legitimacy or otherwise of states scuttling the quest for secession. Thus, while the article supports that state sovereignty and territorial integrity ought to be preserved and maintained, it contends that there is an urgent need to restate and recalibrate the principles governing self-determination to explicitly recognise the right to secession under international and municipal law in exceptional circumstances. This stand point is expedient in special circumstances where the people desirous of secession palpably face extermination or existential threat and where the prospect of peaceful coexistence is practically impossible.
{"title":"Deconstructing the Right to Self-Determination and the Polemics of Secession under International Law: The Case of Nigeria and Cameroon","authors":"P. A. Ejembi, Joycelin Chinwe Eze-Okubuiro, Obinna James Edeh, Uche Nnawulez","doi":"10.3366/ajicl.2023.0448","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0448","url":null,"abstract":"This article appraised self-determination and the polemics of secession under the nuanced principles of international law with particular reference to Nigeria and Cameroon. It espoused and restates the principles of self-determination and secession in a manner that will engender peace and security, taking into consideration the yearnings and aspirations of marginalised and vulnerable groups. The article finds that although secession is not explicitly prohibited under international law, there are controversies and ambiguities regarding its legality as a corollary of the right to self-determination. This state of affairs is exacerbated by the recondite position of international law regarding the legality of the exercise of secession and the legitimacy or otherwise of states scuttling the quest for secession. Thus, while the article supports that state sovereignty and territorial integrity ought to be preserved and maintained, it contends that there is an urgent need to restate and recalibrate the principles governing self-determination to explicitly recognise the right to secession under international and municipal law in exceptional circumstances. This stand point is expedient in special circumstances where the people desirous of secession palpably face extermination or existential threat and where the prospect of peaceful coexistence is practically impossible.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44564631","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}
While international law is widely accepted and applied within Western nations, in many developing countries its relevance is often questioned and its implementation constrained and haphazard. Consequently, some developing states are bound by treaties at the international level while simultaneously depriving subjects of international law of the benefit of those same treaties at the domestic level. The awareness and application of international law by domestic lawyers and judges is a crucial aspect of rectifying this problem. The article reports the results of our study which sought to ascertain the attitudes of Ghanaian superior court judges and practising lawyers toward international law. The article will assess the degree to which lawyers use international law in their legal submissions and whether this is viewed positively or negatively by the bench. The article will also consider the manner in which Ghanaian superior court judges interpret and apply international law. Finally, the degree of knowledge of international law held by the respondents will be explored.
{"title":"International Law in Ghana: A Study of the Attitudes, Knowledge and Use of International Law by Judges and Lawyers","authors":"J. Ayetey, Bolanle Erinosho","doi":"10.3366/ajicl.2023.0446","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0446","url":null,"abstract":"While international law is widely accepted and applied within Western nations, in many developing countries its relevance is often questioned and its implementation constrained and haphazard. Consequently, some developing states are bound by treaties at the international level while simultaneously depriving subjects of international law of the benefit of those same treaties at the domestic level. The awareness and application of international law by domestic lawyers and judges is a crucial aspect of rectifying this problem. The article reports the results of our study which sought to ascertain the attitudes of Ghanaian superior court judges and practising lawyers toward international law. The article will assess the degree to which lawyers use international law in their legal submissions and whether this is viewed positively or negatively by the bench. The article will also consider the manner in which Ghanaian superior court judges interpret and apply international law. Finally, the degree of knowledge of international law held by the respondents will be explored.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43097189","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 article argues that the current state of the law and regulatory environment have far-reaching impacts on the promotion of transparency and accountability in the socially beneficial management of petroleum revenue. The Extractive Industries Transparency Initiative (EITI) Standards are targeted at entrenching transparency and accountability and the gains that they portend. Ghana had long subscribed to the implementation of the EITI standards. The country has gained the status of an EITI-compliant country. It has established the Ghana Extractive Industry Transparency Initiative (GHEITI) in compliance with the EITI requirements. The article argues it is pertinent to examine how well it has implemented the standards in the petroleum industry. According to the article, benchmarking and comparing these principles in the areas of transparency, accountability and prudent management of petroleum revenue, which have been developed over time through best practices, could offer a viable option in Ghana's bid to avoid the resource curse. The article recommends the establishment of the GHEITI as a corporate body with powers to promote transparency in petroleum revenue. It is an international framework mechanism that is a notable instrument for accountability and transparency. It concludes that there is a need to strengthen the legal regime for the management of petroleum revenue through enabling the environment for transparency, accountability and checking against infractions in the legal regime in order to avoid the resource curse.
{"title":"The Implementation of the Extractive Industries Transparency Initiative Standards and the Petroleum Industry in Ghana","authors":"Mena Aba Baffoe Yalley","doi":"10.3366/ajicl.2023.0445","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0445","url":null,"abstract":"The article argues that the current state of the law and regulatory environment have far-reaching impacts on the promotion of transparency and accountability in the socially beneficial management of petroleum revenue. The Extractive Industries Transparency Initiative (EITI) Standards are targeted at entrenching transparency and accountability and the gains that they portend. Ghana had long subscribed to the implementation of the EITI standards. The country has gained the status of an EITI-compliant country. It has established the Ghana Extractive Industry Transparency Initiative (GHEITI) in compliance with the EITI requirements. The article argues it is pertinent to examine how well it has implemented the standards in the petroleum industry. According to the article, benchmarking and comparing these principles in the areas of transparency, accountability and prudent management of petroleum revenue, which have been developed over time through best practices, could offer a viable option in Ghana's bid to avoid the resource curse. The article recommends the establishment of the GHEITI as a corporate body with powers to promote transparency in petroleum revenue. It is an international framework mechanism that is a notable instrument for accountability and transparency. It concludes that there is a need to strengthen the legal regime for the management of petroleum revenue through enabling the environment for transparency, accountability and checking against infractions in the legal regime in order to avoid the resource curse.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45878382","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 Nigerian civil war and Biafra's failed attempt to secede from Nigeria raised a series of questions about the nature and scope of the right to self-determination in formerly colonised states. The question which this article focuses on is whether the right to self-determination should always amount to a right to secession. Through a critical analysis of Biafran agitations for statehood during the Nigerian civil war and in recent times, this article makes the case for a framework through which self-determination claims can be addressed within existing territorial arrangements. The article argues that, in the case of Biafra, forms of internal self-determination such as autonomy may address the agitations and needs of the people better than secession. Hence, international lawyers, and the international community as a whole, should give more attention to internal forms of self-determination.
{"title":"The Biafran Self-Determination Question: Challenges and Prospects","authors":"Judith N. Onwubiko","doi":"10.3366/ajicl.2023.0437","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0437","url":null,"abstract":"The Nigerian civil war and Biafra's failed attempt to secede from Nigeria raised a series of questions about the nature and scope of the right to self-determination in formerly colonised states. The question which this article focuses on is whether the right to self-determination should always amount to a right to secession. Through a critical analysis of Biafran agitations for statehood during the Nigerian civil war and in recent times, this article makes the case for a framework through which self-determination claims can be addressed within existing territorial arrangements. The article argues that, in the case of Biafra, forms of internal self-determination such as autonomy may address the agitations and needs of the people better than secession. Hence, international lawyers, and the international community as a whole, should give more attention to internal forms of self-determination.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44647200","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":"Front matter","authors":"","doi":"10.3366/ajicl.2023.0430","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0430","url":null,"abstract":"","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135096253","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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