In this article, I examine the breathtakingly wide scope of executive power and the low threshold for electoral victory in Ghana's constitution. I demonstrate how the ‘first past the post’ electoral formula colludes with the ‘winner takes all’ government configuration to saddle Ghana with a corruption-fuelled governance crisis that could escalate over time to be an existential threat to the longest-lasting democratic period Ghana has ever known. I assert that electoral reform to provide for consociational government is the only feasible way to simultaneously lessen the starkness of electoral loss and create some public accountability loops, the absence of which have made corruption both easy and unpunishable.
{"title":"Why Electoral Reforms are Urgently Needed in Ghana","authors":"M. A. Mensa-Bonsu","doi":"10.3366/AJICL.2021.0359","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0359","url":null,"abstract":"In this article, I examine the breathtakingly wide scope of executive power and the low threshold for electoral victory in Ghana's constitution. I demonstrate how the ‘first past the post’ electoral formula colludes with the ‘winner takes all’ government configuration to saddle Ghana with a corruption-fuelled governance crisis that could escalate over time to be an existential threat to the longest-lasting democratic period Ghana has ever known. I assert that electoral reform to provide for consociational government is the only feasible way to simultaneously lessen the starkness of electoral loss and create some public accountability loops, the absence of which have made corruption both easy and unpunishable.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"185-203"},"PeriodicalIF":0.2,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42193919","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}
Kidney transplantation (KT) as a medical treatment for end-stage renal disease (ESRD) is cost-effective even in developing countries and this treatment has continued to record good success rates. Despite this positive development, the practice of KT continues to face varying challenges across developed and developing countries alike. In developing countries, however, the management of post-transplantation issues is a major challenge. The discovery of immunosuppressant drugs, the accessibility of these drugs and technological advancements that reduce the impact of pre- and post-transplant issues in developed countries is still not readily available in developing countries. This is largely because of restricted access to immunosuppressants and the availability of medications for post-transplant conditions. This article therefore highlights and discusses the implications of the Agreement on the Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) on the access to immunosuppressant drugs in developing countries. The authors conclude that although the TRIPS Agreement continues to hinder the desired access to immunosuppressants thereby worsening the prospects of KT recipients in developing countries, these countries should maximise the flexibilities available under the treaty to improve access to immunosuppressant drugs.
{"title":"Impact of TRIPs Agreement on Access to Immunosuppressant Drugs: Another Challenge in Kidney Transplantation and Treatment in Developing Countries","authors":"Oyeniyi Ajigboye, Ifeoluwa A. Olubiyi","doi":"10.3366/AJICL.2021.0365","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0365","url":null,"abstract":"Kidney transplantation (KT) as a medical treatment for end-stage renal disease (ESRD) is cost-effective even in developing countries and this treatment has continued to record good success rates. Despite this positive development, the practice of KT continues to face varying challenges across developed and developing countries alike. In developing countries, however, the management of post-transplantation issues is a major challenge. The discovery of immunosuppressant drugs, the accessibility of these drugs and technological advancements that reduce the impact of pre- and post-transplant issues in developed countries is still not readily available in developing countries. This is largely because of restricted access to immunosuppressants and the availability of medications for post-transplant conditions. This article therefore highlights and discusses the implications of the Agreement on the Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) on the access to immunosuppressant drugs in developing countries. The authors conclude that although the TRIPS Agreement continues to hinder the desired access to immunosuppressants thereby worsening the prospects of KT recipients in developing countries, these countries should maximise the flexibilities available under the treaty to improve access to immunosuppressant drugs.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"309-324"},"PeriodicalIF":0.2,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45847092","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}
It is undisputed that education is instrumental both for socio-economic development and the enjoyment of other fundamental human rights. In particular, a tertiary education is very critical for less developed countries (LDCs) such as Ethiopia where education is considered a vital tool for sustainable development. Nonetheless, a quality tertiary education depends, inter alia, upon sufficient access to most copyrighted learning materials through a balanced copyright system with adequate room for flexibility. In fact, the tension between copyright protection and the right to education is integral to the global debate between intellectual property and human rights regimes. Despite its compelling socio-economic needs and its human rights obligation that dictate a broader room for flexibility, Ethiopia has adopted a very restrictive copyright system with a narrow set of limitations and exceptions (L&Es) for education. Further, both its copyright and criminal laws prescribe severe criminal sanctions for any act of copyright infringement. In so doing, Ethiopia has taken a legislative approach that exacerbates the problems related to both TRIPs’ implementation and access to learning materials. In the absence of a concrete step to rethink the approach, the effective utilisation of the constrained exception for education will be further undermined by TRIPs’ criminal enforcement in disregard of the socio-economic contexts of the country.
{"title":"The Implications of TRIPs ’ Criminal Provisions on Copyright Exception for Education in Ethiopia: A Critical Approach from a Human Rights Perspective","authors":"S. Hirko","doi":"10.3366/AJICL.2021.0363","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0363","url":null,"abstract":"It is undisputed that education is instrumental both for socio-economic development and the enjoyment of other fundamental human rights. In particular, a tertiary education is very critical for less developed countries (LDCs) such as Ethiopia where education is considered a vital tool for sustainable development. Nonetheless, a quality tertiary education depends, inter alia, upon sufficient access to most copyrighted learning materials through a balanced copyright system with adequate room for flexibility. In fact, the tension between copyright protection and the right to education is integral to the global debate between intellectual property and human rights regimes. Despite its compelling socio-economic needs and its human rights obligation that dictate a broader room for flexibility, Ethiopia has adopted a very restrictive copyright system with a narrow set of limitations and exceptions (L&Es) for education. Further, both its copyright and criminal laws prescribe severe criminal sanctions for any act of copyright infringement. In so doing, Ethiopia has taken a legislative approach that exacerbates the problems related to both TRIPs’ implementation and access to learning materials. In the absence of a concrete step to rethink the approach, the effective utilisation of the constrained exception for education will be further undermined by TRIPs’ criminal enforcement in disregard of the socio-economic contexts of the country.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"263-287"},"PeriodicalIF":0.2,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44546163","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}
Ghana, a dualist state within the broader common law legal tradition, is confronted with the issue on the roles of parliament and the president in making and implementing treaties. This challenge i...
{"title":"Committing Ghana to International Agreements: A Review of the Roles of Parliament and the President","authors":"Justice Srem-Sai","doi":"10.3366/AJICL.2021.0360","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0360","url":null,"abstract":"Ghana, a dualist state within the broader common law legal tradition, is confronted with the issue on the roles of parliament and the president in making and implementing treaties. This challenge i...","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"204-222"},"PeriodicalIF":0.2,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42875625","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}
Both the United Nations (UN) and the African Union (AU) present themselves as a constitutional order, in the sense that they both set out to define the common values of their community – the global...
{"title":"Taking Stock of United Nations and African Union Constitutionalism","authors":"W. Lubbe, O. Spijkers","doi":"10.3366/AJICL.2021.0350","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0350","url":null,"abstract":"Both the United Nations (UN) and the African Union (AU) present themselves as a constitutional order, in the sense that they both set out to define the common values of their community – the global...","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"62-81"},"PeriodicalIF":0.2,"publicationDate":"2021-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44560338","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 examines unconstitutional constitutional amendments in the constitutional order of Cameroon dating back from 1960 to 2008. The examination reveals that all the amendments engaged within...
{"title":"(Un)Constitutional Amendments and Cameroon Constitutions: Strange Bedfellows with the Rule of Law and Constitutionalism","authors":"Justin Ngambu Wanki","doi":"10.3366/AJICL.2021.0352","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0352","url":null,"abstract":"The article examines unconstitutional constitutional amendments in the constitutional order of Cameroon dating back from 1960 to 2008. The examination reveals that all the amendments engaged within...","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"95-116"},"PeriodicalIF":0.2,"publicationDate":"2021-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44363572","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 jurisprudence of the (suspended) SADC Tribunal shows that the Tribunal was prepared to utilise the principles of democracy, human rights and the rule of law contained in the Treaty of the South...
(暂停的)南部非洲共同体法庭的判例表明，该法庭准备利用《南方条约》所载的民主、人权和法治原则……
{"title":"Revisiting the Monism and Dualism Dichotomy: What does the South African Constitution of 1996 and the Practice by the Courts tell us about the Reception of SADC Community Law (Treaty Law) in South Africa?","authors":"Moses Retselisitsoe Phooko","doi":"10.3366/AJICL.2021.0356","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0356","url":null,"abstract":"The jurisprudence of the (suspended) SADC Tribunal shows that the Tribunal was prepared to utilise the principles of democracy, human rights and the rule of law contained in the Treaty of the South...","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"168-182"},"PeriodicalIF":0.2,"publicationDate":"2021-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46906272","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}
Sovereign nations generally exert control over land within the individual nation's boundaries. This is done for a variety of reasons including the political and economic. There is nothing wrong wit...
{"title":"Aliens' Acquisition of Land in Nigeria: An Incursion into the Evolving Jurisprudence","authors":"C. A. Ogbuabor, D. Ajah, A. Nwafor","doi":"10.3366/AJICL.2021.0355","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0355","url":null,"abstract":"Sovereign nations generally exert control over land within the individual nation's boundaries. This is done for a variety of reasons including the political and economic. There is nothing wrong wit...","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"154-167"},"PeriodicalIF":0.2,"publicationDate":"2021-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42380497","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 sets out the methodology and findings of a Human Rights Impact Assessment (HRIA) of the Trade in Services Agreement (TiSA) for Mauritius. It presents analysis of possible impacts of services trade liberalisation and deregulation on the right to water, on labour rights and on labour migration. By examining impacts of trade-related policies through the lens of human rights law, this article brings to the fore how an HRIA can strengthen trade policy-making, and how it can provide African negotiators and other stakeholders with legal and conceptual arguments to strengthen their positions in economic negotiating contexts that are often highly complex. The article is a contribution to the literature in that it provides insights into the underexplored area of human rights impacts of liberalisation of trade in services, and in that it illustrates through specific examples how the human rights analytical framework can be applied to services trade negotiations in other fora, and to economic policy more broadly.
{"title":"Applying the Human Rights Framework to Economic Policy: Insights from an Impact Assessment of Services Trade Liberalisation in Mauritius","authors":"Caroline Dommen","doi":"10.3366/AJICL.2021.0348","DOIUrl":"https://doi.org/10.3366/AJICL.2021.0348","url":null,"abstract":"This article sets out the methodology and findings of a Human Rights Impact Assessment (HRIA) of the Trade in Services Agreement (TiSA) for Mauritius. It presents analysis of possible impacts of services trade liberalisation and deregulation on the right to water, on labour rights and on labour migration. By examining impacts of trade-related policies through the lens of human rights law, this article brings to the fore how an HRIA can strengthen trade policy-making, and how it can provide African negotiators and other stakeholders with legal and conceptual arguments to strengthen their positions in economic negotiating contexts that are often highly complex. The article is a contribution to the literature in that it provides insights into the underexplored area of human rights impacts of liberalisation of trade in services, and in that it illustrates through specific examples how the human rights analytical framework can be applied to services trade negotiations in other fora, and to economic policy more broadly.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"29 1","pages":"1-39"},"PeriodicalIF":0.2,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47627518","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.2021.0347","DOIUrl":"https://doi.org/10.3366/ajicl.2021.0347","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":"41985813","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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