TORT CHOICE OF LAW AND INTERNATIONAL FUNDAMENTAL NORMS: A CASE STUDY OF CANADA AND THE UNITED STATES

Chilenye Nwapi*

ABSTRACT

This article considers the tort choice of law rules in Canada and the United States – two highly internationalist societies with similar legal traditions but whose choice of law rules vary dramatically. The two jurisdictions are also known for their constant reference to international law in the resolution of domestic disputes. Moreover, Canada embodies both the common law and the civil law traditions. The aim here is twofold. The first is to evaluate the suitability of their choice of law rules for addressing cases alleging violations of international fundamental norms. The second is to see what other jurisdictions can learn from the experiences of these two jurisdictions in their adjudication of international norms. This article makes these principal findings. While none of the two jurisdictions has a choice of law rule specially attuned to deal with violations of international norms, the operative rule in Canada contains reasonable flexibility to meet the needs of such cases. It finds within the assortment of tort choice of law rules in the US, some rules that at least mention the interests of the international community as an important consideration in the choice of applicable law, and that US courts already do look to international law to determine certain substantive issues arising in cases brought under the Alien Tort Statute

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* Fellow, Canadian Centre for International Justice; PhD (University of British Columbia); LLM (University of Calgary); LLB (Imo State University).

THE NATURE OF LAND OWNERSHIP AND THE PROTECTION OF THE PURCHASER

Clement C Chigbo*

ABSTRACT

This article examines the nature of ownership of land and derivative or subordinate real-rights under English law drawing some comparison with Romanic-Dutch ownership while arguing that the Anglo-American estate’ or interest’ in land is a mere semantic conundrum. It is the position of this writer that the concept of ownership in English law of real property, which dominantly influences our real property law in Nigeria and other common law jurisdictions such as the Bahamas and Jamaica, has not brought the desirable clarity to our real property jurisprudence/practice in Nigeria. The unfortunate problems faced by purchasers of real estate in some common law jurisdiction are also briefly examined in this article. The article seeks to advance a solution to these problems and in this context the writer strongly suggests that a land registration system of some model should be adopted in Nigeria and the Bahamas to protect purchasers of real estates and guarantee greater security of title and clarity in our conveyancing practice.

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* Solicitor of England and Wales, Chigbo is a Peripatetic Lecturer in Law in the UK, the Bahamas and Nigeria. He is presently with the College of Law, Afe Babalola University, Ado-Ekiti, Nigeria.

AMNESTY IN THE NIGER DELTA: VERTICAL MOVEMENT TOWARDS SELF-DETERMINATION OR LATERAL POLICY SHIFT?

Rhuks Temitope Ako and Ohiocheoya Omiunu*

ABSTRACT

The inhabitants of Nigeria’s oil-rich Delta region have engaged the State in long-drawn disputes over the ownership and control of oil resources and revenues. While the country’s Constitution vests the absolute ownership and control of oil resources as well as the distribution of oil revenues in the federal government, the Niger Delta communities claim that they are entitled to participate in the industry that exploits resources from their environment. Simply, they claim that the country’s extant laws and the actions of the federal government infringe on their rights to self-determination. The conflicting stance is one of the fundamental causes of violent conflicts that have besieged the region; particularly in the last decade. Coming off the backdrop of peaceful struggles of the Ogoni peoples considered to be largely ineffectual in achieving the desired objectives, ethnic groups have embraced militancy as a means to force the government and oil-multinationals reckon with their demand for self-determination. The consequent breakdown of law and order in the region and the impacts of shortages in production prompted the federal government to initiate the amnesty initiative in June 2009. Under the amnesty programme, militants were offered a presidential pardon, training opportunities, promises of infrastructure development in the region and direct payments of oil revenues to host-communities. This paper seeks to examine the recent developments vis-à-vis the government’s amnesty initiative to determine if this policy has bridged the gap in the longstanding self-determination demands of the Niger Delta communities.

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* Dr. Rhuks Temitope AKO (correspondence author), Lecturer, University of Hull Laws School, England; R.Ako@hull.ac.uk and Ohiocheoya OMIUNU, Doctoral Candidate at the University of Liverpool Law School, England.

A CLOSER LOOK AT THE MANAGEMENT, REVOCATION AND COMPENSATION PRINCIPLES UNDER THE NIGERIAN LAND USE ACT

Eloamaka Carol Okonkwo*

ABSTRACT

Land use and management has proved to be a source of worry and conflict in the world especially the developing world. In Nigeria, it has proved to be causing a lot of problems amongst the government and the governed, between individuals and even between Governments. The issue of land acquisition and management even heightened with the British invasion of Nigeria and the Colonial rule that for administrative purposes brought some innovations to land ownership. To worsen the issue, the amalgamation of the Southern and Northern protectorate saw a combination of totally two different land uses and ownership of the Northern part governed by the emirs and the South with its family/communal ownership. With the gaining of independence, oil boom and rapid development, acquiring land was more difficult especially in the south leading to setting up of panel to investigate the problem and recommend the way forward. The result was land use Act of 1978, which nationalised land for the whole country, extending what was operational in the North under the Land Tenure Law. This article examines the sections dealing with the management and control and revocation powers given to the Governors of the state as well as the compensation sections for acquisition of land compulsorily acquired for overriding public interest. It ends up with looking at the proposed amendments, the sections that is proposed to be amended, and ends with the writer’s opinion.

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* LL.B (UNIBEN), B.L (THE NIGERIAN LAW SCHOOL), LL.M (UNIVERSITY OF STRATHCLYDE, GLASGOW), DOCTORAL CANDIDATE (UNIVERSITY OF STRATHCLYDE, GLASGOW, UK)

THE LEGAL FRAMEWORK FOR THE INSTITUTIONALISATION OF INTERNATIONAL COMMERCIAL ARBITRATION IN NIGERIA: A CRITICAL REVIEW

Oyeniyi O. Abe*

ABSTRACT

Considering the need to enhance commercial activities in Nigeria and the indisputable right of international parties to resolve disputes through arbitration, the desire for Nigeria to sign and ratify the New York Convention cannot be over emphasized. Unquestionably, the administration of justice through our regular courts is usually beleaguered with delays for diverse reasons. An attempt to combat these delays and ensure swifter dispensation of justice has seen the emergence of arbitration in its effective use in Nigeria. The need for speed, resulting in more efficiency and economy in contract drafting, has always dominated international commercial transactions. Thus, the need for resorting to arbitration is more compelling considering the lethargic attitude of Nigerian courts to the resolution of sophisticated commercial disputes. This paper seeks to examine the mechanisms through which there has been an implantation and implementation of international commercial arbitration legal regime in Nigeria. The work attempts a critical analysis of relevant extant laws in use in Nigeria and the effectiveness as well as efficiency of these laws. A detailed explication of the different international legal regime of commercial arbitration has been highlighted with the ultimate aim of adverting Nigerian as bedrock of sustainable resolution of commercial disputes through the instrumentality of arbitration in sub-Saharan Africa. The work thus queries the receptive nature of our national courts towards the enforcement of foreign arbitral award.

Keywords: International Commercial Arbitration, New York Convention, Enforcement, Nigeria.

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* Mr. O Abe teaches Commercial Law, Law of Contract and Alternative Dispute Resolution at the College of Law, Afe Babalola University, Ado Ekiti. He is also into private legal practice with a bias for arbitration and dispute resolution. Email: o.abe@abuad.edu.ng

FUSION OF ANTI–CORRUPTION AGENCIES IN NIGERIA: A CRITICAL APPRAISAL

Nnamdi Ikpeze*

INTRODUCTION

A paper presented on behalf of College of Law, Afe Babalola University, Ado-Ekiti (ABUAD), Nigeria at the 46th Annual conference of National Association of Law Teachers (NALT), held at the faculty of law, University of Ilorin, April 2013. ‘Nigeria has become...irretrievably corrupt and unwilling to succeed as a society or country’1

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* Lecturer and Associate Research Fellow at OGEES Institute, Afe Babalola University; Doctoral Candidate at the department of public and private law, Faculty of Law, Nnamdi Azikiwe University, Awka, Anambra State. Phone: 08038675657, Email: pioneer183@yahoo.co.uk, nikpeze@abuadlawinstitute.org

1 Chinua Achebe, renowned Nigerian author in an interview. Available at: http://www.modernghana.com/news/455855/1/chinua-achebe-as-a-moral-standard-a-tribute.html date accessed 6/4/2013

CLIMATE CHANGE, FORCED MIGRATION, AND INTERNATIONAL LAW A book by Jane McAdam (New York: Oxford University Press, 2012)

Demola Okeowo*

OVERVIEW

The book Climate Change, Forced Migration, and International Law is an authoritative compendium of the real issues in discourse on climate change related movement and its implications in international law. Prior to reading this book, I had read a lot of articles and stories on blogs, which have exaggerated the issue of ‘climate change refugees’. Some of the articles went to the extent of saying that some States will in fact disappear completely at the end of a given time if nothing drastic is done about climate change.1 Professor McAdam describes these authors as ‘alarmists’.2

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* LL.B, BL (Nigeria), LL.M (Groningen, The Netherlands), LL.M (Queen’s, Canada), Doctoral Student, Faculty of Law, University of British Columbia, Canada. I am grateful to Professor Benjamin Richardson of the Faculty of Law, University of British Columbia, Canada who recommended the book under review to me

1 Ajay Chhibber, “Statements at the Pacific Islands Forum Leaders’ Meeting” UNDP Cairns Convention Centre, (6 August, 2009).

2 Jane McAdam, Climate Change, Forced Migration, and International Law (New York: Oxford University Press, 2012) 26.

REVISITING THE LEGAL FRAMEWORK FOR AFRICAN ECONOMIC AND MONETARY INTEGRATION: LESSONS FROM EUROPEAN ECONOMIC DEPRESSION

Ikechukwu Bernard Okafor*

ABSTRACT

The desire for an African economic and monetary union as a strategy for re-positioning the postcolonial continent for global competitiveness has been on for many decades. What initially started as a political movement for independence quickly transformed into an agenda for economic and monetary integration of the continent, drawing inspiration from the European Economic and Monetary Union. The implementation of this agenda has engaged the attention of state actors within the continent especially with the adoption of the various strategic plans of action and the treaty frameworks for its realization. Notwithstanding the near utopian nature of this lofty dream (considering the herculean odds against its realization) a glimmer of hope was shown in the early 2000s after the transformation of the Organization of African Unity (OAU) into the African Union (AU) with new promise that it is not going to be business as usual. The upward-looking economies of some of the major countries in the continent, deepening of democratic culture and other international economic reforms in the region at the time like the debt cancelations all leant support to this new hope. With the recent global economic recession the world economic outlook has substantially changed, necessitating global reforms at various levels of economic cooperation. The African continent however seems not to have seen the need for a holistic reappraisal of its internal mechanisms for realizing a viable economic and monetary union in the light of the present realities. The thesis of this paper is that apart from other problems facing this up-hill task there are fundamental weaknesses in the legal framework for the regional integration agenda which requires urgent attention if the continent is to realize this dream. The effect of the present economic depression in Europe and the strain it has placed on the economic and monetary union presents a rare example for the African continent to seek a stronger, more transparent and effective legal framework for its economic integration in order not to deliver the continent to the world as an irredeemable liability in the near future.

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* Lecturer, College of Law, Afe Babalola University, Ado Ekiti, Ekiti State, Nigeria. K.M 8.5, Afe Babalola Way, Ado Ekiti. Tel. 2348034415602. Email: ikeokafor1@yahoo.com; Ikechukwu.b@gmail.com.

EARLY INTERVENTION REGIME UNDER THE BANK RESOLUTION FRAMEWORK IN NIGERIA: RESOLVING THE DIVERGING INTERESTS

Gabriel Adeoluwa Onagoruwa*

ABSTRACT

The legal frameworks in most jurisdictions make provision for early intervention in bank resolution as an exception to the general corporate formal insolvency regime. The exercise of the early intervention powers however contravenes well established shareholder rights and gives rise to legal acrimony as seen in the deluge of litigation that trailed the exercise of these powers in Nigeria in the aftermath of the global financial crisis of 2007-2009. This article examines the justification for early intervention regime in bank resolutions and considers the nature of the framework in Nigeria. Drawing examples from the framework in the United Kingdom and the United States, it considers the strengths and weaknesses of the Nigerian framework. While arguing in favour of its continued operation, it considers the ways of bolstering the extant framework in Nigeria.

Keywords: Early Intervention, Bank Resolution, Shareholder Rights, Companies and Insolvency

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* LLB (Ibadan), BL., LL.M (Cambridge), Ph.D (Cambridge). A lawyer in the international law firm of White & Case LLP, London, England.

THE SEARCH FOR ENVIRONMENTAL JUSTICE IN THE NIGER DELTA AND CORPORATE ACCOUNTABILITY FOR TORTS: HOW KIOBEL ADDED SALT TO INJURY.

Rufus A Mmadu*

ABSTRACT

Right from the beginning Man has been given the privilege by his Creator to tender the earth and take dominion over his environment. But for the impoverished people of the Niger Delta region, the mainstay of Nigeria’s oil wealth, the situation is ironically abysmal. The region has been the scene of protest, sometimes violence, against the repressive tendencies of the Nigerian state and against the recklessness, exploitative and environmentally unfriendly activities of oil multinationals. The issues of environmental injustice and human rights violations are the central focus of this article. The article examines the concept of corporate accountability for tortuous acts and faults Kiobel as a miscarriage of justice against a people so callously and criminally oppressed. Kiobel’s pronouncement that corporations cannot be held liable for egregious abuses under international law is a sad note on global war against environmental injustice. The paper warns that Kiobel could foster situations in which corporations become immune from liability for human rights violations. The war against environmental degradation is too important to be clogged in web of legal technicalities else man would have no environment to live in.

Keywords: Environmental Justice, Niger Delta, Corporate Accountability, Torts, kiobel

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* LL.M, LL.B (Lagos); Barrister and Solicitor of the Supreme Court of Nigeria; Lecturer, College of Law, Osun State University, Osogbo and also MPhil/Doctoral candidate of the Obafemi Awolowo University, Ile-Ife, Osun State, Nigeria. Email: mmadurufus@yahoo.com, rufusmmadu@uniosun.edu.ng . Tel: +2348035319283, +2348127017430.

AN OVERVIEW OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT: JURISDICTION AND COMPLEMENTARITY PRINCIPLE AND ISSUES IN DOMESTIC IMPLEMENTATION IN NIGERIA

ABSTRACT

This paper aims at providing, first, an overview of the Rome statute and the nature and functions of the International Criminal Court; second, an examination of general and specific issues in domestic implementation of the Rome Statute and finally to conclude with some viable options for Nigeria.

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* Prof. Muhammed Tawfiq Ladan (Ph.D), Department of Public Law, Faculty of Law, Ahmadu Bello University, Zaria, Kaduna State, Nigeria. Email: - mtladan@gmail.com, mtladan@live.com. Blogsite: - http://mtladan.blogspot.com/