This contribution considers the climate change law and policy positions in South Africa and Mauritius, and examnies the national strategies employed by these two African jurisdictions in adaptation to climate change and mitigation of climate change in terms of the Paris Agreement and with reference to the principle of common but differentiated responsibility. In addition, the nationally determined contributions of both countries, with regard to adaptation and mitigation, are considered and the related legislative and policy developments in South Africa and Mauritius are also discussed.
{"title":"Climate Change Law and Policy in South Africa and Mauritius: Adaptation and Mitigation Strategies in Terms of the Paris Agreement","authors":"S. V. Wyk","doi":"10.3366/ajicl.2022.0391","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0391","url":null,"abstract":"This contribution considers the climate change law and policy positions in South Africa and Mauritius, and examnies the national strategies employed by these two African jurisdictions in adaptation to climate change and mitigation of climate change in terms of the Paris Agreement and with reference to the principle of common but differentiated responsibility. In addition, the nationally determined contributions of both countries, with regard to adaptation and mitigation, are considered and the related legislative and policy developments in South Africa and Mauritius are also discussed.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44930083","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}
China has developed into a twenty-first-century surveillance state with unprecedented abilities to censor speech and infringe upon basic human rights. The effects of China's digital authoritarianism reach well beyond its national borders. The Chinese government has begun exporting its high-tech surveillance blueprint, and the censorship and surveillance technologies on which it is based, to authoritarian-leaning governments in Africa. This blueprint is suffused with the potential for developing surveillance societies in China's image, particularly in African countries with poor human rights records, where democratic institutions are either weak or still in their infancy. This may yield even greater repression, rather than liberalisation, in Africa. The consequences for human rights on the African continent are likely to be dire.
{"title":"Digital Neocolonialism: The Chinese Surveillance State in Africa","authors":"W. Gravett","doi":"10.3366/ajicl.2022.0393","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0393","url":null,"abstract":"China has developed into a twenty-first-century surveillance state with unprecedented abilities to censor speech and infringe upon basic human rights. The effects of China's digital authoritarianism reach well beyond its national borders. The Chinese government has begun exporting its high-tech surveillance blueprint, and the censorship and surveillance technologies on which it is based, to authoritarian-leaning governments in Africa. This blueprint is suffused with the potential for developing surveillance societies in China's image, particularly in African countries with poor human rights records, where democratic institutions are either weak or still in their infancy. This may yield even greater repression, rather than liberalisation, in Africa. The consequences for human rights on the African continent are likely to be dire.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48107345","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":"Book Review – Critique Bibliographique","authors":"C. Ojiegbe","doi":"10.3366/ajicl.2022.0398","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0398","url":null,"abstract":"","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47421530","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.2022.0399","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0399","url":null,"abstract":"","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46624087","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 2014, Kenyan parliamentarian Odhiambo Millie MP tabled the Assisted Reproductive Technology (ART) Bill [2019] to regulate assisted reproduction. The Bill restricts surrogacy to married couples only, prohibits payment to surrogates and makes no provision for surrogacy services or its oversight. It is modelled on the United Kingdom's surrogacy laws, although this article confirms the UK's surrogacy laws were intended to discourage surrogacy in the first place, and a Law Commission review shall be published in 2022. In 2007, Thiankolu Muthomi called for Kenyan-designed ART legislation. Kenya's customary woman-to-woman marriage is examined as a taking-off point for technologising Kenya's surrogacy services. The woman-to-woman marriage was constitutionally protected in 2010 and embedded by the enactment of the Protection of Traditional Knowledge and Cultural Expressions Act No. 33 [2016] that promotes the right to cultural expression. This cultural reality should provide the launching pad for a more permissive and auditable surrogacy legislation in Kenya and transferability to sub-Saharan Africa burdened, with the exception of South Africa, by unregulated ART practice.
{"title":"Surrogacy Legislation and Kenya's ART Bill 2019: Reproductive Uhuru (Freedom) A Myth or a Reality for Infertile Citizens?","authors":"J. H. Olobo-Lalobo","doi":"10.3366/ajicl.2022.0396","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0396","url":null,"abstract":"In 2014, Kenyan parliamentarian Odhiambo Millie MP tabled the Assisted Reproductive Technology (ART) Bill [2019] to regulate assisted reproduction. The Bill restricts surrogacy to married couples only, prohibits payment to surrogates and makes no provision for surrogacy services or its oversight. It is modelled on the United Kingdom's surrogacy laws, although this article confirms the UK's surrogacy laws were intended to discourage surrogacy in the first place, and a Law Commission review shall be published in 2022. In 2007, Thiankolu Muthomi called for Kenyan-designed ART legislation. Kenya's customary woman-to-woman marriage is examined as a taking-off point for technologising Kenya's surrogacy services. The woman-to-woman marriage was constitutionally protected in 2010 and embedded by the enactment of the Protection of Traditional Knowledge and Cultural Expressions Act No. 33 [2016] that promotes the right to cultural expression. This cultural reality should provide the launching pad for a more permissive and auditable surrogacy legislation in Kenya and transferability to sub-Saharan Africa burdened, with the exception of South Africa, by unregulated ART practice.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45592233","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 examines South Africa's ‘Treating Customers Fairly’ (TCF) regime, deployed as aspirational from 2011, and its development into a legally binding regime with the imminent enactment of the Conduct of Financial Institutions Bill. TCF is principles-based and outcomes-determined, designed to protect financial consumers and ensure they are treated fairly and enjoy consistently good outcomes from financial service providers. The article examines enforcement and investigates current gaps in success by reference to Ombud data. The findings will be of relevance to other African countries contemplating the adoption of a Twin Peaks financial system regulatory regime of which TCF is a core component.
{"title":"Treating Customers Fairly (TCF) in the South African Banking Industry: Laying the Groundwork for Twin Peaks","authors":"A. Schmulow","doi":"10.3366/ajicl.2022.0392","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0392","url":null,"abstract":"This article examines South Africa's ‘Treating Customers Fairly’ (TCF) regime, deployed as aspirational from 2011, and its development into a legally binding regime with the imminent enactment of the Conduct of Financial Institutions Bill. TCF is principles-based and outcomes-determined, designed to protect financial consumers and ensure they are treated fairly and enjoy consistently good outcomes from financial service providers. The article examines enforcement and investigates current gaps in success by reference to Ombud data. The findings will be of relevance to other African countries contemplating the adoption of a Twin Peaks financial system regulatory regime of which TCF is a core component.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42486897","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 traditional methods of dealing with crimes among the early Nigerian communities accommodated the crime victim as a necessary party in the process. With the introduction of the English criminal justice system to Nigeria, the victim ceased to be a necessary party to trials. This article investigates the treatment of the victim in the two periods. With the aid of doctrinal methodology, the study finds the traditional method to be more comforting to the victim than the modern system. The article recommends reincorporating those aspects that are victim-friendly into the present Nigerian criminal justice system.
{"title":"Integrating Victim Perspective into the Nigerian Criminal Justice System Through an Assessment of Pre-Colonial Adjudicatory Process","authors":"Yahya Duro Uthman Hambali","doi":"10.3366/ajicl.2022.0394","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0394","url":null,"abstract":"The traditional methods of dealing with crimes among the early Nigerian communities accommodated the crime victim as a necessary party in the process. With the introduction of the English criminal justice system to Nigeria, the victim ceased to be a necessary party to trials. This article investigates the treatment of the victim in the two periods. With the aid of doctrinal methodology, the study finds the traditional method to be more comforting to the victim than the modern system. The article recommends reincorporating those aspects that are victim-friendly into the present Nigerian criminal justice system.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41316870","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}
Natural resources have long been said to be under the sovereign ownership of the states in whose borders they are found. Sovereignty grants such a state not only the ownership but also the power to regulate their access and use. States’ inability to convert the resources into tangible socio-economic development has witnessed massive contractual agreements with multinational companies to harness the same. Multinational companies and state contractual arrangements seem to have ignored other potential stakeholders like communities dependent on natural resources for their survival. Consequently, communities such as those of indigenous peoples who depend on available natural resources like rivers, lakes, forests and other ecological resources are victimised in the state-multinational contractual arrangements and implementation. Internationally, principles such as consultation and free and prior-informed consent seem to regulate access and use of resources located in indigenous communities. This article shows how such principles guarantee the indigenous communities their existence in cases of large-scale development in their territory.
{"title":"Regulation of Natural Resources Located in Indigenous Communities Territory under the Principles of Consultation and Free, Prior-Informed Consent: Perspectives in Selected Countries","authors":"J. S. Ombella","doi":"10.3366/ajicl.2021.0381","DOIUrl":"https://doi.org/10.3366/ajicl.2021.0381","url":null,"abstract":"Natural resources have long been said to be under the sovereign ownership of the states in whose borders they are found. Sovereignty grants such a state not only the ownership but also the power to regulate their access and use. States’ inability to convert the resources into tangible socio-economic development has witnessed massive contractual agreements with multinational companies to harness the same. Multinational companies and state contractual arrangements seem to have ignored other potential stakeholders like communities dependent on natural resources for their survival. Consequently, communities such as those of indigenous peoples who depend on available natural resources like rivers, lakes, forests and other ecological resources are victimised in the state-multinational contractual arrangements and implementation. Internationally, principles such as consultation and free and prior-informed consent seem to regulate access and use of resources located in indigenous communities. This article shows how such principles guarantee the indigenous communities their existence in cases of large-scale development in their territory.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"53 6","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41288951","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 argues that the activities of Export Credit Agencies (ECAs), which provide political risk insurance to cover exports and foreign direct investments (FDIs), may be undermining the goals of Investor-State Dispute Settlement (ISDS). ISDS is supposed to limit investment disputes so that they are between the investor and host-state of the investment (investor-state disputes). However, since ECAs are quasi-governmental organisations that support FDIs, they can effectively elevate such investment disputes so that they are between the host-state and home-state of the investor (state-to-state disputes). This has implications for the necessity defence in international investment disputes, which is likely to feature in cases triggered by governmental measures taken in response to the COVID-19 pandemic. Further, the article argues that the activities of ECAs often precipitate unsustainable debt accumulation in developing countries. And these situations are becoming increasingly combustible because ECAs have escalated their activities to season investment programmes with foreign and geopolitical influence. This may worsen in the aftermath of the COVID-19 pandemic. The article concludes that increased transparency and a sustainability element in the activities of ECAs are essential to both expose these risks more broadly and to create a space under the canopy of international economic law for more sustainable growth from the understory of developing nations.
{"title":"Export Credit Agencies, International Investment Law and the Spectre of Unsustainable Developing Countries' Debts","authors":"John Heard, E. Laryea","doi":"10.3366/ajicl.2021.0386","DOIUrl":"https://doi.org/10.3366/ajicl.2021.0386","url":null,"abstract":"This article argues that the activities of Export Credit Agencies (ECAs), which provide political risk insurance to cover exports and foreign direct investments (FDIs), may be undermining the goals of Investor-State Dispute Settlement (ISDS). ISDS is supposed to limit investment disputes so that they are between the investor and host-state of the investment (investor-state disputes). However, since ECAs are quasi-governmental organisations that support FDIs, they can effectively elevate such investment disputes so that they are between the host-state and home-state of the investor (state-to-state disputes). This has implications for the necessity defence in international investment disputes, which is likely to feature in cases triggered by governmental measures taken in response to the COVID-19 pandemic. Further, the article argues that the activities of ECAs often precipitate unsustainable debt accumulation in developing countries. And these situations are becoming increasingly combustible because ECAs have escalated their activities to season investment programmes with foreign and geopolitical influence. This may worsen in the aftermath of the COVID-19 pandemic. The article concludes that increased transparency and a sustainability element in the activities of ECAs are essential to both expose these risks more broadly and to create a space under the canopy of international economic law for more sustainable growth from the understory of developing nations.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45074603","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}
Improving national social protection systems is a major task for all governments. This they can do through an effective implementation of the sustainable goals also called the Sustainable Development Goals (SDGs). The main purpose of social protection is to reduce poverty, economic shocks and vulnerability. This article examines the extent Nigeria has gone to in order to promote sustainable goals through the Social Protection Floor Initiative. The article also delves into the justiciability of socio-economic rights in Nigeria and in other jurisdictions like UK, India and South Africa which are commonwealth countries like Nigeria. It further recommends ways by which Nigeria can, through the Social Protection Floor Initiative, fulfil its obligations towards the attainment of the SDGs. A major conclusion of this article is that the Social Protection Floor Initiative is an important means for the government to achieve the Sustainable Development Goals, and an important aspect of this is ensuring the enforcement of socio-economic rights. Without implementing the Social Protection Floor Initiative, the Sustainable Development Goals mantra will be restricted just to TVs in Nigerian homes without any corresponding impact on the masses.
{"title":"Promoting Sustainable Goals in Nigeria through the Kaleidoscope of the Social Protection Floor Initiative","authors":"E. Nwosu, Ed Arum, O. Obioma","doi":"10.3366/ajicl.2021.0384","DOIUrl":"https://doi.org/10.3366/ajicl.2021.0384","url":null,"abstract":"Improving national social protection systems is a major task for all governments. This they can do through an effective implementation of the sustainable goals also called the Sustainable Development Goals (SDGs). The main purpose of social protection is to reduce poverty, economic shocks and vulnerability. This article examines the extent Nigeria has gone to in order to promote sustainable goals through the Social Protection Floor Initiative. The article also delves into the justiciability of socio-economic rights in Nigeria and in other jurisdictions like UK, India and South Africa which are commonwealth countries like Nigeria. It further recommends ways by which Nigeria can, through the Social Protection Floor Initiative, fulfil its obligations towards the attainment of the SDGs. A major conclusion of this article is that the Social Protection Floor Initiative is an important means for the government to achieve the Sustainable Development Goals, and an important aspect of this is ensuring the enforcement of socio-economic rights. Without implementing the Social Protection Floor Initiative, the Sustainable Development Goals mantra will be restricted just to TVs in Nigerian homes without any corresponding impact on the masses.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43485406","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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