首页 > 最新文献

Journal of African Law最新文献

英文 中文
Corporate Social Responsibility in the Niger Delta: Past, Present and Future Challenges 尼日尔三角洲的企业社会责任:过去、现在和未来的挑战
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2022-03-30 DOI: 10.1017/S0021855322000080
P. Tamuno
ABSTRACT Multinational oil companies adopted corporate social responsibility as a means of addressing the challenges of their relationship with the Niger Delta communities, which had been turbulent for several decades as a result of the ecological devastation of the Niger Delta region. This article analyses the challenges of implementing corporate social responsibility in the Niger Delta, from the inception of the Nigerian oil industry to the present day. Using the experiences of multinational oil companies in the Niger Delta as a case study, the article explores the extent to which multinational oil companies operating in developing countries are increasingly assuming roles that are not traditional corporate roles, to compensate for the bad governance and poor regulatory standards in these countries. The article also provides recommendations for what the Nigerian government can do to develop corporate social responsibility and make it more effective.
摘要跨国石油公司采用企业社会责任作为应对其与尼日尔三角洲社区关系挑战的一种手段,由于尼日尔三角洲地区的生态破坏,该社区已经动荡了几十年。本文分析了从尼日利亚石油工业成立到今天,在尼日尔三角洲履行企业社会责任所面临的挑战。本文以尼日尔三角洲跨国石油公司的经验为例,探讨了在发展中国家经营的跨国石油公司越来越多地扮演非传统公司角色的程度,以弥补这些国家糟糕的治理和糟糕的监管标准。文章还就尼日利亚政府如何发展企业社会责任并使其更加有效提出了建议。
{"title":"Corporate Social Responsibility in the Niger Delta: Past, Present and Future Challenges","authors":"P. Tamuno","doi":"10.1017/S0021855322000080","DOIUrl":"https://doi.org/10.1017/S0021855322000080","url":null,"abstract":"ABSTRACT Multinational oil companies adopted corporate social responsibility as a means of addressing the challenges of their relationship with the Niger Delta communities, which had been turbulent for several decades as a result of the ecological devastation of the Niger Delta region. This article analyses the challenges of implementing corporate social responsibility in the Niger Delta, from the inception of the Nigerian oil industry to the present day. Using the experiences of multinational oil companies in the Niger Delta as a case study, the article explores the extent to which multinational oil companies operating in developing countries are increasingly assuming roles that are not traditional corporate roles, to compensate for the bad governance and poor regulatory standards in these countries. The article also provides recommendations for what the Nigerian government can do to develop corporate social responsibility and make it more effective.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"391 - 417"},"PeriodicalIF":0.4,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49447239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Liberalization of the Rule on Locus Standi before Nigerian Courts: Lessons from India 尼日利亚法院立场规则的自由化:印度的经验教训
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2022-03-23 DOI: 10.1017/S0021855322000055
A. Ekeke
Abstract In Nworika v Ononeze-Madu, the Nigerian Supreme Court upheld the decision of the lower court, denying the appellant standing to challenge the decision of the Imo State government. This highlighted the position of Nigerian courts on the rule of locus standi, which denies access to justice for many Nigerians who seek a court order to declare a law unconstitutional or to challenge the actions of the government or its agencies. This article examines the context of the application of the rule of locus standi before Nigerian courts and argues that the decision of the Supreme Court in Adesanya v President of Nigeria, which is the classic authority on the strict rule of locus standi in Nigeria, is outdated in the context of contemporary human rights development and that Nigerian courts can learn from the Indian courts that have discarded the strict application of the rule of locus standi through judicial activism.
摘要在Nworika诉Ononeze Madu一案中,尼日利亚最高法院维持了下级法院的裁决,否认上诉人对伊莫州政府的裁决提出质疑。这突出了尼日利亚法院对诉讼时效规则的立场,该规则剥夺了许多寻求法院命令宣布法律违宪或质疑政府或其机构行为的尼日利亚人诉诸司法的机会。本文考察了在尼日利亚法院适用诉讼时效规则的背景,并认为最高法院在Adesaya诉尼日利亚总统一案中的裁决是尼日利亚严格诉讼时效规则中的经典权威,在当代人权发展的背景下已经过时,尼日利亚法院可以向印度法院学习,印度法院通过司法行动主义放弃了严格适用诉讼时效规则。
{"title":"Liberalization of the Rule on Locus Standi before Nigerian Courts: Lessons from India","authors":"A. Ekeke","doi":"10.1017/S0021855322000055","DOIUrl":"https://doi.org/10.1017/S0021855322000055","url":null,"abstract":"Abstract In Nworika v Ononeze-Madu, the Nigerian Supreme Court upheld the decision of the lower court, denying the appellant standing to challenge the decision of the Imo State government. This highlighted the position of Nigerian courts on the rule of locus standi, which denies access to justice for many Nigerians who seek a court order to declare a law unconstitutional or to challenge the actions of the government or its agencies. This article examines the context of the application of the rule of locus standi before Nigerian courts and argues that the decision of the Supreme Court in Adesanya v President of Nigeria, which is the classic authority on the strict rule of locus standi in Nigeria, is outdated in the context of contemporary human rights development and that Nigerian courts can learn from the Indian courts that have discarded the strict application of the rule of locus standi through judicial activism.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"339 - 354"},"PeriodicalIF":0.4,"publicationDate":"2022-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45830218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Free, Prior and Informed Consent in Kenyan Law and Policy After Endorois and Ogiek 自由、事先和知情同意:在安多瓦和奥吉克之后的肯尼亚法律和政策
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2022-03-14 DOI: 10.1017/S002185532200002X
Nqobizitha Ndlovu, E. Nwauche
Abstract This article examines the Kenyan legal and policy framework as well as jurisprudence on the principle of free, prior and informed consent (FPIC) occasioned by the decision of the African Commission on Human and Peoples’ Rights (African Commission) in Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Republic of Kenya (Endorois) and the judgment of the African Court on Human and Peoples’ Rights (African Court) in the case of African Commission on Human and Peoples’ Rights v Republic of Kenya (Ogiek). The main objective of this article is to examine the development and level of operationalization of the principle of FPIC in Kenyan domestic law and policy using the Endorois and Ogiek standard. It examines how the Kenyan domestic legal system has responded to these regional and international developments on FPIC and its operationalization.
摘要本文考察了肯尼亚的法律和政策框架以及关于自由、,非洲人权和人民权利委员会(非洲委员会)在少数群体权利发展中心(肯尼亚)和少数群体权利小组(代表Endorois福利理事会)诉肯尼亚共和国(Endorois)一案中的裁决以及非洲人权和人民权利法院(非洲法院)在非洲案件中的判决引起的事先知情同意人权和人民权利委员会诉肯尼亚共和国案(Ogiek)。本文的主要目的是使用Endorois和Ogiek标准,审查肯尼亚国内法律和政策中FPIC原则的发展和实施水平。它审查了肯尼亚国内法律体系如何应对FPIC及其运作方面的这些区域和国际事态发展。
{"title":"Free, Prior and Informed Consent in Kenyan Law and Policy After Endorois and Ogiek","authors":"Nqobizitha Ndlovu, E. Nwauche","doi":"10.1017/S002185532200002X","DOIUrl":"https://doi.org/10.1017/S002185532200002X","url":null,"abstract":"Abstract This article examines the Kenyan legal and policy framework as well as jurisprudence on the principle of free, prior and informed consent (FPIC) occasioned by the decision of the African Commission on Human and Peoples’ Rights (African Commission) in Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Republic of Kenya (Endorois) and the judgment of the African Court on Human and Peoples’ Rights (African Court) in the case of African Commission on Human and Peoples’ Rights v Republic of Kenya (Ogiek). The main objective of this article is to examine the development and level of operationalization of the principle of FPIC in Kenyan domestic law and policy using the Endorois and Ogiek standard. It examines how the Kenyan domestic legal system has responded to these regional and international developments on FPIC and its operationalization.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"201 - 227"},"PeriodicalIF":0.4,"publicationDate":"2022-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47319324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Sedition and Freedom of Expression for Journalists in Botswana: A Comment on Mokone v Attorney General and Others 波札那记者的煽动与言论自由:评Mokone诉总检察长等案
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2022-02-24 DOI: 10.1017/s0021855322000043
Badala Tachilisa Balule
Abstract Journalists play an important role in promoting and facilitating the right to freedom of expression. To promote and facilitate freedom of expression effectively, they should be free to perform their duties without fear of reprisals, intimidation or harassment. Journalists should carry out their duties in a legally safe environment. It has, however, been observed that journalists across the world are subjected to various human rights violations and abuses aimed at hindering them in performing their work. Journalists in Botswana also endure harassment and intimidation. One form in which this harassment manifests itself is through the use of sedition laws. In many countries these laws have been found to limit the right to freedom of expression unjustifiably. The legality of sedition laws has been considered by the courts of Botswana, where the High Court upheld their constitutionality. This note critically analyses the High Court's decision.
摘要记者在促进和促进言论自由权方面发挥着重要作用。为了有效促进和便利言论自由,他们应该自由履行职责,而不必担心报复、恐吓或骚扰。记者应在合法安全的环境中履行职责。然而,据观察,世界各地的记者都受到各种侵犯和虐待人权的行为,目的是阻碍他们开展工作。博茨瓦纳的记者也受到骚扰和恐吓。这种骚扰的一种表现形式是通过使用煽动叛乱法。在许多国家,人们发现这些法律不合理地限制了言论自由权。博茨瓦纳法院审议了煽动叛乱法的合法性,高等法院维持了这些法律的合宪性。本说明对高等法院的裁决进行了批判性分析。
{"title":"Sedition and Freedom of Expression for Journalists in Botswana: A Comment on Mokone v Attorney General and Others","authors":"Badala Tachilisa Balule","doi":"10.1017/s0021855322000043","DOIUrl":"https://doi.org/10.1017/s0021855322000043","url":null,"abstract":"Abstract Journalists play an important role in promoting and facilitating the right to freedom of expression. To promote and facilitate freedom of expression effectively, they should be free to perform their duties without fear of reprisals, intimidation or harassment. Journalists should carry out their duties in a legally safe environment. It has, however, been observed that journalists across the world are subjected to various human rights violations and abuses aimed at hindering them in performing their work. Journalists in Botswana also endure harassment and intimidation. One form in which this harassment manifests itself is through the use of sedition laws. In many countries these laws have been found to limit the right to freedom of expression unjustifiably. The legality of sedition laws has been considered by the courts of Botswana, where the High Court upheld their constitutionality. This note critically analyses the High Court's decision.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"355 - 366"},"PeriodicalIF":0.4,"publicationDate":"2022-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42959286","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Introduction 介绍
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2022-02-17 DOI: 10.1017/S0021855300012651
E. Üstün
The story of the way in which the Codes of Criminal Law and Procedure were introduced in British colonial Africa is indeed a fascinating one. As Dr. Morris observes in his article, by 1935 almost the whole of these territories had developed a body of criminal law and procedure which was virtually common throughout the area, and this was to be inherited by the independent governments a quarter of a century later. But this degree of uniform codification was not achieved without difficulty and in some cases strong objection from the local bar and business interests, who feared a loss of liberty under a new written law, and preferred the English common law "with all its forms, solemnities and technicalities", because they felt safe under it. At the Colonial Office there was some opposition to codification based on the model of the Indian Penal Codes, and although in East Africa the Indian Codes had been introduced at an early period, these Codes encountered hostility from the white settlers as well as the officials at the Colonial Office, and eventually were replaced by Codes originally drafted more along the lines of the Nigerian model, but later adapted to meet the criticisms of the law officers of those territories. There were differences in Nyasaland and Northern Rhodesia, and Zanzibar had the Indian Codes until 1935 but they all eventually were brought more or less in line. In the Gambia, there was resistance to replacing the English common law by Code, although why anyone should wish to cling to "this dizzying mosaic" baffled the Legal Adviser. Eventually the Codes were pushed through, modelled on the Kenya Code of 1930. Only the Gold Coast then had a differently based Code, which had been adopted in 1892, and was based on the Criminal Code of St. Lucia. The position of Botswana is however different, for, as Mr. Brewer shows, it depends in part on the reception of the Roman-Dutch criminal law, in part on the English common law, and in part on customary law. The problems this poses for Botswana today are clearly described by Mr. Brewer.
英国殖民地非洲引入《刑法和诉讼法》的方式确实是一个引人入胜的故事。正如Morris博士在文章中指出的那样,到1935年,几乎所有这些地区都制定了一套几乎在整个地区都很常见的刑法和程序,四分之一个世纪后,独立政府将继承这一体系。但是,实现这种程度的统一编纂并非没有困难,在某些情况下,当地律师和商业利益集团强烈反对,他们担心在新的成文法下会失去自由,并更喜欢英国普通法“及其所有形式、严肃性和技术性”,因为他们觉得在它之下是安全的。在殖民地办事处,有人反对根据《印度刑法典》模式进行编纂,尽管在东非,《印度刑典》很早就出台了,但这些法典遭到了白人定居者以及殖民地办事处官员的敌意,最终被最初更像尼日利亚模式起草的法典所取代,但后来为了应对这些地区法律官员的批评而进行了调整。尼亚萨兰和北罗得西亚存在差异,桑给巴尔在1935年之前一直有印度法典,但它们最终都或多或少地保持了一致。在冈比亚,有人反对用《法典》取代英国普通法,尽管法律顾问感到困惑的是,为什么有人希望坚持“这幅令人眼花缭乱的马赛克”。最终,以1930年《肯尼亚法典》为蓝本,《法典》得以通过。当时只有黄金海岸有一个不同的法典,该法典于1892年通过,以圣卢西亚刑法为基础。然而,博茨瓦纳的立场不同,因为正如布鲁尔先生所表明的那样,它部分取决于对罗马-荷兰刑法的接受,部分取决于英国普通法,以及部分取决于习惯法。布鲁尔先生清楚地描述了这给博茨瓦纳今天带来的问题。
{"title":"Introduction","authors":"E. Üstün","doi":"10.1017/S0021855300012651","DOIUrl":"https://doi.org/10.1017/S0021855300012651","url":null,"abstract":"The story of the way in which the Codes of Criminal Law and Procedure were introduced in British colonial Africa is indeed a fascinating one. As Dr. Morris observes in his article, by 1935 almost the whole of these territories had developed a body of criminal law and procedure which was virtually common throughout the area, and this was to be inherited by the independent governments a quarter of a century later. But this degree of uniform codification was not achieved without difficulty and in some cases strong objection from the local bar and business interests, who feared a loss of liberty under a new written law, and preferred the English common law \"with all its forms, solemnities and technicalities\", because they felt safe under it. At the Colonial Office there was some opposition to codification based on the model of the Indian Penal Codes, and although in East Africa the Indian Codes had been introduced at an early period, these Codes encountered hostility from the white settlers as well as the officials at the Colonial Office, and eventually were replaced by Codes originally drafted more along the lines of the Nigerian model, but later adapted to meet the criticisms of the law officers of those territories. There were differences in Nyasaland and Northern Rhodesia, and Zanzibar had the Indian Codes until 1935 but they all eventually were brought more or less in line. In the Gambia, there was resistance to replacing the English common law by Code, although why anyone should wish to cling to \"this dizzying mosaic\" baffled the Legal Adviser. Eventually the Codes were pushed through, modelled on the Kenya Code of 1930. Only the Gold Coast then had a differently based Code, which had been adopted in 1892, and was based on the Criminal Code of St. Lucia. The position of Botswana is however different, for, as Mr. Brewer shows, it depends in part on the reception of the Roman-Dutch criminal law, in part on the English common law, and in part on customary law. The problems this poses for Botswana today are clearly described by Mr. Brewer.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"18 1","pages":"3 - 5"},"PeriodicalIF":0.4,"publicationDate":"2022-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0021855300012651","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47409776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Editorial 编辑
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2022-02-09 DOI: 10.5380/reterm.v20i4.84639
Lauber de Souza Martins
The editorial of Thermal Engineering of this issue continues the discussion on scientific research needs in vital areas in which thermal engineering has important participation. The main goal is to motivate the readers, within their specialties, to identify possible subjects for their future research. It is estimated that the existing amount of fossil fuels will last for many years. However, there is a need to look for alternative sources of energy in order to preserve the environment. De Angelis et. al., in his article, Energy Research Outlook. What to Look for in 2018 (ACS Energy Lett. 3(2018) 261-263), argues that generation and storage of technical and economically viable renewable forms of energies are the main obstacles to be overcome. In his article, De Angelis also lists some technological areas that need more research effort in the energy field: energy materials, electrochemical energy conversion and energy storage, solar cells, solar fuels, LED and display devices and, the last but not least, theory and computational modeling. Possible answers for those questions can be given from what it is called constructal theory. Constructal theory states that geometry (flow architecture) is generated by seeking the global performance subjected to global restrictions. According to the constructal law, the optimization of the flow architecture begins in a small scale (elementary level), in which, even though small, the system still keeps its identity (e.g., a brook in a river basin, a single polymer electrolyte membrane fuel cell (PEMFC) in a PEMFC stack, a cell in a multicellular organisms). The irreversibility caused by the flow resistance is minimized for a maximum global performance at the level of the complete system. Any physical system is a combination of several flow systems (e.g., electric, chemical, fluid and heat). Therefore, it can be seen that the optimization of the architecture of flow systems is as common in engineering as is in nature, where the most fit organisms (optimum configuration) survive selection (global restrictions). The mission of Thermal Engineering is to document the scientific progress in areas related to thermal engineering (e.g., energy, oil and renewable fuels). We are confident that we will continue to receive articles’ submissions that contribute to the progress of science.
本期《热工》杂志的社论继续讨论了热工重要参与领域的科研需求。主要目标是激励读者,在他们的专业范围内,为他们未来的研究确定可能的主题。据估计,现有的化石燃料数量将持续多年。然而,为了保护环境,有必要寻找替代能源。De Angelis等人,在他的文章《能源研究展望》中。2018年要寻找什么(ACS Energy Lett.3(2018)261-263)认为,技术和经济上可行的可再生能源的生产和储存是需要克服的主要障碍。德安吉利斯在文章中还列出了能源领域需要更多研究的一些技术领域:能源材料、电化学能量转换和储能、太阳能电池、太阳能燃料、LED和显示设备,以及最后但并非最不重要的理论和计算建模。这些问题的可能答案可以从所谓的结构理论中给出。构造理论指出,几何(流结构)是通过寻求受全局限制的全局性能而产生的。根据结构定律,流动结构的优化从小规模(基本水平)开始,其中,即使很小,系统仍然保持其特性(例如,流域中的小溪、PEMFC堆中的单个聚合物电解质膜燃料电池(PEMFC)、多细胞生物中的电池)。由流动阻力引起的不可逆性被最小化,以在整个系统的水平上获得最大的全局性能。任何物理系统都是几个流动系统(例如,电、化学、流体和热)的组合。因此,可以看出,流动系统结构的优化在工程中和在自然界中一样常见,在自然界中,最合适的生物体(最佳配置)在选择(全球限制)中幸存下来。热能工程的任务是记录热能工程(如能源、石油和可再生燃料)相关领域的科学进展。我们相信,我们将继续收到有助于科学进步的文章。
{"title":"Editorial","authors":"Lauber de Souza Martins","doi":"10.5380/reterm.v20i4.84639","DOIUrl":"https://doi.org/10.5380/reterm.v20i4.84639","url":null,"abstract":"The editorial of Thermal Engineering of this issue continues the discussion on scientific research needs in vital areas in which thermal engineering has important participation. The main goal is to motivate the readers, within their specialties, to identify possible subjects for their future research. It is estimated that the existing amount of fossil fuels will last for many years. However, there is a need to look for alternative sources of energy in order to preserve the environment. De Angelis et. al., in his article, Energy Research Outlook. What to Look for in 2018 (ACS Energy Lett. 3(2018) 261-263), argues that generation and storage of technical and economically viable renewable forms of energies are the main obstacles to be overcome. In his article, De Angelis also lists some technological areas that need more research effort in the energy field: energy materials, electrochemical energy conversion and energy storage, solar cells, solar fuels, LED and display devices and, the last but not least, theory and computational modeling. Possible answers for those questions can be given from what it is called constructal theory. Constructal theory states that geometry (flow architecture) is generated by seeking the global performance subjected to global restrictions. According to the constructal law, the optimization of the flow architecture begins in a small scale (elementary level), in which, even though small, the system still keeps its identity (e.g., a brook in a river basin, a single polymer electrolyte membrane fuel cell (PEMFC) in a PEMFC stack, a cell in a multicellular organisms). The irreversibility caused by the flow resistance is minimized for a maximum global performance at the level of the complete system. Any physical system is a combination of several flow systems (e.g., electric, chemical, fluid and heat). Therefore, it can be seen that the optimization of the architecture of flow systems is as common in engineering as is in nature, where the most fit organisms (optimum configuration) survive selection (global restrictions). The mission of Thermal Engineering is to document the scientific progress in areas related to thermal engineering (e.g., energy, oil and renewable fuels). We are confident that we will continue to receive articles’ submissions that contribute to the progress of science.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"18 1","pages":"1 - 2"},"PeriodicalIF":0.4,"publicationDate":"2022-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42474936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
JAL volume 66 issue 1 Cover and Back matter 日航第66卷第1期封面和封底
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2022-02-01 DOI: 10.1017/s0021855322000079
{"title":"JAL volume 66 issue 1 Cover and Back matter","authors":"","doi":"10.1017/s0021855322000079","DOIUrl":"https://doi.org/10.1017/s0021855322000079","url":null,"abstract":"","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"b1 - b2"},"PeriodicalIF":0.4,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45186263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Fostering a Constructive Intra-African Legal Dialogue in Post-Colonial Africa 在后殖民时代的非洲促进建设性的非洲内部法律对话
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2022-02-01 DOI: 10.1017/S0021855322000031
C. Fombad
Abstract The contention of this article is that there is a need to debunk the myth that the diversity of Africa's inherited legal systems means that the continent has little to contribute to the global legal dialogue. For Africa to make an effective contribution to global legal dialogue, there is a need for serious intra-African legal dialogue. The article focuses on sub-Saharan countries and provides an overview of the numerous legal traditions that were imposed on them at independence. It then looks at the global legal dialogue within which the global south is marginalized. Thereafter, the article discusses the ways in which an intra-African trans-systemic dialogue can be promoted. The main argument of the article is that such a dialogue is likely to provide the critical understanding necessary to pave the way for closer collaboration between African countries in their efforts to develop legal values, principles and institutions that are better suited to addressing the continent's complex and multifaceted problems.
摘要本文的论点是,有必要揭穿这样一种神话,即非洲继承的法律制度的多样性意味着非洲大陆对全球法律对话几乎没有贡献。非洲要想对全球法律对话作出有效贡献,就需要进行认真的非洲内部法律对话。这篇文章以撒哈拉以南国家为重点,概述了独立时强加给它们的众多法律传统。然后,它审视了全球南方被边缘化的全球法律对话。此后,文章讨论了促进非洲内部跨系统对话的方式。文章的主要论点是,这种对话可能会提供必要的关键理解,为非洲国家之间更密切的合作铺平道路,努力发展更适合解决非洲大陆复杂和多方面问题的法律价值观、原则和机构。
{"title":"Fostering a Constructive Intra-African Legal Dialogue in Post-Colonial Africa","authors":"C. Fombad","doi":"10.1017/S0021855322000031","DOIUrl":"https://doi.org/10.1017/S0021855322000031","url":null,"abstract":"Abstract The contention of this article is that there is a need to debunk the myth that the diversity of Africa's inherited legal systems means that the continent has little to contribute to the global legal dialogue. For Africa to make an effective contribution to global legal dialogue, there is a need for serious intra-African legal dialogue. The article focuses on sub-Saharan countries and provides an overview of the numerous legal traditions that were imposed on them at independence. It then looks at the global legal dialogue within which the global south is marginalized. Thereafter, the article discusses the ways in which an intra-African trans-systemic dialogue can be promoted. The main argument of the article is that such a dialogue is likely to provide the critical understanding necessary to pave the way for closer collaboration between African countries in their efforts to develop legal values, principles and institutions that are better suited to addressing the continent's complex and multifaceted problems.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"66 1","pages":"1 - 22"},"PeriodicalIF":0.4,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41322141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
JAL volume 66 issue 1 Cover and Front matter 日航第66卷第1期封面和封面
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2022-02-01 DOI: 10.1017/s0021855322000067
{"title":"JAL volume 66 issue 1 Cover and Front matter","authors":"","doi":"10.1017/s0021855322000067","DOIUrl":"https://doi.org/10.1017/s0021855322000067","url":null,"abstract":"","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":" ","pages":"f1 - f2"},"PeriodicalIF":0.4,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48353817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Introduction 介绍
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2022-02-01 DOI: 10.1017/S0021855300012997
R. Eagles, M. Schaich
Since the day when, in my first year of teaching, I found myself trying to explain the feudal origins of trover to a puzzled class of Sudanese students, I have had occasional flickers of doubt whether the English law of torts has been one of Britain's most appropriate colonial legacies. One journey down the Lagos-Ibadan road should suffice to raise questions about the suitability of the common-law action for negligence as an instrument for compensating for or reducing road accidents in Nigeria; while the amount of damages awarded in some East African personal injuries actions, like the Mercedes Benz, contrasts sharply with the general living standards of the vast majority of the local population. Nevertheless the distinction between libel and slander, and between aggravated and punitive damages, and even some survivals from the Year Books have found their way into the law reports and treatises of some African jurisdictions. The elegant generalities of civilian doctrines of extra-contractual obligation seem, not surprisingly, to have made the transition to warmer climates more smoothly.
在我教书的第一年,我发现自己试图向一群困惑的苏丹学生解释trover的封建起源,从那以后,我偶尔会对英国的侵权法是否是英国最合适的殖民遗产之一产生怀疑。在拉各斯-伊巴丹公路上走一趟,就足以引起人们对过失法诉讼是否适合作为赔偿或减少尼日利亚道路事故的工具的疑问;而在一些东非人身伤害案件中,如奔驰案,判给的损害赔偿数额与绝大多数当地居民的一般生活水平形成鲜明对比。然而,诽谤和诽谤之间的区别,加重损害赔偿和惩罚性损害赔偿之间的区别,甚至从年鉴中幸存下来的一些东西,都在一些非洲司法管辖区的法律报告和论文中找到了自己的方式。不出意料的是,民间关于契约外义务的优雅概括似乎使向温暖气候的过渡更加顺利。
{"title":"Introduction","authors":"R. Eagles, M. Schaich","doi":"10.1017/S0021855300012997","DOIUrl":"https://doi.org/10.1017/S0021855300012997","url":null,"abstract":"Since the day when, in my first year of teaching, I found myself trying to explain the feudal origins of trover to a puzzled class of Sudanese students, I have had occasional flickers of doubt whether the English law of torts has been one of Britain's most appropriate colonial legacies. One journey down the Lagos-Ibadan road should suffice to raise questions about the suitability of the common-law action for negligence as an instrument for compensating for or reducing road accidents in Nigeria; while the amount of damages awarded in some East African personal injuries actions, like the Mercedes Benz, contrasts sharply with the general living standards of the vast majority of the local population. Nevertheless the distinction between libel and slander, and between aggravated and punitive damages, and even some survivals from the Year Books have found their way into the law reports and treatises of some African jurisdictions. The elegant generalities of civilian doctrines of extra-contractual obligation seem, not surprisingly, to have made the transition to warmer climates more smoothly.","PeriodicalId":44630,"journal":{"name":"Journal of African Law","volume":"17 1","pages":"1 - 3"},"PeriodicalIF":0.4,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0021855300012997","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48648762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
期刊
Journal of African Law
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1