THE MULTI-AGENCY RESPONSE APPROACH TO THE MANAGEMENT OF OIL SPILL INCIDENTS: LEGAL FRAMEWORK FOR EFFECTIVE IMPLEMENTATION IN NIGERIA

Ayobami Olaniyan*

ABSTRACT

The devastating effects of oil spill incidents on humans and the environment can be overwhelming. Effects such as loss of life, forced displacements, loss of property and serious health risks cannot be overlooked. Also, the long-term damage to the ecosystem, sea life and biodiversity are some of the long-term consequences of an oil spill incident. Thus, a swift response to oil spill incidents is always necessary in order to minimize these effects. The multi-agency response approach emphasizes a holistic and coordinated involvement of several related institutions and entities in order to ensure adequate response to any category of oil spill incident. Even though the multi-agency approach seems to be already embedded in relevant legislation on oil spill control and containment in Nigeria, its operationalization has been less impressive. This article discusses the practical relevance and implementation of multiagency response to oil spills in Nigeria. It appraises the efficacy of relevant Nigerian legislation providing for multi-agency response to oil spill control and containment in Nigeria, highlights the weaknesses of the current regulatory arrangement, and suggests legal reforms to make the multi-agency response approach more efficient and effective in Nigeria. This includes the need to harmonize several overlapping legislations and governance institutions on oil spill response and management to ensure coherence and systemic integration.

Keywords: Multi Agency Response, oil spill, polluter-pays, human rights, Niger Delta.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.5

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* LL.B (Ife), B.L (Abuja), LL.M (Aberdeen), Lecturer, College of Law, Afe Babalola University, Ado-Ekiti (ABUAD), Nigeria; ajolaniyan@abuad.edu.ng, ayobamiolaniyan@gmail.com; Associate Fellow at the Institute for Oil, Gas, Energy, Environment and Sustainable Development, Afe Babalola University, Nigeria.

POWERING NIGERIA THROUGH RENEWABLE ELECTRICITY INVESTMENTS: LEGAL FRAMEWORK FOR PROGRESSIVE REALIZATION

Peter Kayode Oniemola*

ABSTRACT

Renewable energy has a prominent role in promoting energy access and addressing environmental concerns with energy use in Nigeria. However, there are legal barriers that have not allowed renewable energy to be used in the Nigerian electricity sector. The absence of an effective legal framework to encourage and promote investment in renewable energy is a major challenge. This article investigates the barriers to promotion of investment in renewable electricity in the country. These barriers include the lack of unison and clarity of roles for institutions relevant to the promotion of renewables, high cost and lack of funds, inability of consumers to bear the cost of subsidies, lack of priority access and connection to the grid, short licensing duration, and lack of adequate and reliable information, which consumers, investors and the government can rely upon. To address these concerns, and to make investments in the renewable energy sector more favourable, there is the need to develop an effective legal framework that addresses barriers to investment in renewable electricity. This article presents insights on how the law can be used as an instrument for realizing the development of renewable electricity in Nigeria.

Keywords: Renewable, energy, power, electricity, investment, sustainable development.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.4

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* LL.B (Ilorin), BL (Nigerian Law School), LL.M (Ibadan), PhD (Aberdeen), Legal Practitioner & Consultant email: petermola@yahoo.com.

REALIZING THE RIGHT TO DEVELOPMENT IN NIGERIA: AN EXAMINATION OF LEGAL BARRIERS AND CHALLENGES

Olaitan Olusegun* and Oyeniyi Ajigboye**

ABSTRACT

The United Nations General Assembly has, through several Conventions, emphasized the need for the full realization of the right to development, alongside the rights to food and clean water, the right to shelter and the right to housing. According to the United Nations, if Economic Social and Cultural Rights (ESCR) are violated, the right to development is also violated. However, the realization of ESCRs in Nigeria continues to face challenges, therefore, the realization of development remains germane both in Nigeria and the international community at large. The search for development in Nigeria, therefore, requires the grasping of the conceptualized Right to Development (RTD), and dealing with the barriers and legal challenges, which affect the realization of the RTD. This article, therefore, aims to analyse the content, commitment, and nature of the right to development and examines the barriers to its implementation in Nigeria. The article discusses problems such as governmental corruption, lack of resources, lack of institutional capacity, poverty, internal conflicts, judicial performance, lack of implementation and enforcement of laws, and concludes that the goals of sustainable development in Nigeria cannot be fully realized without a conscious effort towards reduction in corruption which can practically serve as a panacea for achieving meaningful development.

Keywords: Development, Developing Countries, Human Rights, Economic, Social and Cultural Rights

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.7

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* Lecturer, Department of Public and International Law, College of Law, Afe Babalola University, Ado Ekiti, Ekiti State, Nigeria. Email: o.olusegun @hotmail.com

** Lecturer, Department of Public and International Law, College of Law, Afe Babalola University, Ado Ekiti, Ekiti State, Nigeria. Email: oyeajigboye @gmail.com

CUSTOMARY ARBITRATION IN NIGERIA: A REVIEW OF EXTANT JUDICIAL PARAMETERS AND THE NEED FOR PARADIGM SHIFT

Muhammed Mustapha Akanbi*, Lukman Adebisi Abdulrauf**, and Abdulrazaq Adelodun Daibu***

ABSTRACT

Two forms of arbitration exist in present-day Nigeria; the first is indigenous to the various communities in the country and it is determined by the customs and traditions of the individual community. The second, which was imported, derives its source from the general laws and practice of England. The latter, which is arguably, alien to the culture and tradition of traditional Nigerian communities, has often been superimposed and applied by courts. The continuing subjugation of customary arbitration can be seen in the attitude of the Nigerian courts, whereby reliance is placed on the parameters of modern arbitration in the determination of a valid customary arbitration award in Nigeria. This article contends that the attitudes of courts in the determination of the binding nature of an award given under customary arbitration, using the parameters of modern arbitration, has caused considerable damage to the essence and potency of customary arbitration practice in Nigeria. In order to be authentic, it is contended that judicial development of customary arbitration, must respond to the traditions, attitudes and goals of the people whose society is under consideration. It should not be subject to a validity test by reference to orthodox arbitration or arbitration under the received English law. Consequently, the article examines the extant parameters to which the Nigerian courts subject the characteristics of customary arbitration in Nigeria. The article discusses the need for a paradigm shift in order for customary arbitration to respond to the exigencies of customs.

Keywords: Arbitration, custom, tradition, dispute resolution, English law, Nigeria.

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* LL.B (Ife), LL.M (Lagos), Ph.D. (KCL, London), BL; Professor of Law, Department of Business Law, Faculty of Law, University of Ilorin. Nigeria e-mail: laroungbe@yahoo.co.uk

** LL.B (Zaria), LL.M, (Ilorin) BL; Lecturer, Department of Public Law, Faculty of Law, University of Ilorin, Ilorin. Nigeria e-mail: lukmanrauf@gmail.com

*** LL.B, LL.M, (Ilorin) BL; Lecturer, Department of Private and Property Law, Faculty of Law, University of Ilorin, Ilorin, Nigeria: E-mail: abdulrazaqdaibu@yahoo.com

ENHANCING STAKEHOLDER PARTICIPATION IN THE NIGER DELTA REGION: THE POTENTIAL CONTRIBUTIONS OF THE ILO CONVENTION 169

Afolasade A. Adewumi* and Adeniyi Olatunbosun**

ABSTRACT

Nigeria’s indigenous people, found in the Niger Delta area, have for many years experienced developmental challenges associated with oil exploration. The region has been perennially engulfed in various forms of agitation pertaining to self-government and resource control. Over the years, attempts to solve these problems have been merely palliative, basically due to local stakeholders’ perception that they are excluded from decision making about the issues that affect their existence. For many years, the Nigerian government has grappled unsuccessfully with the challenge of fostering broad-based participation and stakeholder engagement in the Niger Delta. This article contends that the problems which have arisen can be addressed through the ratification of the International Labour Organization (ILO) Convention 169 by the Nigerian government. Owing to a recent constitutional alteration in Nigeria, the ILO Convention 169 will not require domestication, arguably, making it a ready and viable toolkit for the progressive realization of participatory rights in the Niger Delta.

Keywords: Niger Delta, ILO, constitution, human rights, pollution, participation.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.6

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* LL.B, LL.M, PhD, BL, Lecturer, Department of Jurisprudence and International Law, Faculty of Law, University of Ibadan, Ibadan, Nigeria.

** LL.B, LL.M, M.Phil, PhD, BL, Professor of Law and Dean, Faculty of Law, University of Ibadan, Ibadan, Nigeria.

AN EXAMINATION OF CONTEMPORARY ISSUES RELATING TO MEDICAL LIABILITY

Elizabeth Smaranda Olarinde* and Clement Chigbo**

ABSTRACT

A member of any profession, it is supposed, possesses the skills, which her/his training asserts. As such, the person is liable for the exercise of duty within their trained capacity and culpable for negligence in its practice. In Nigeria, cases of negligence are under-reported; consequently marginal compensations are made out. If the standard of measure suitable to the Court is that the professional should act within the generally accepted practice, what becomes of the practitioner who is aware of better measures that the exercise of due care would demand? To what extent is the patient’s consent informed, valid and real? What of specific cases where a patient is not in the position to grant consent? Using the Bolam criteria, this paper argues that standard of care is relative. Arguably, a professional having specialised skill should exercise discernment concomitant with their speciality and better judgement than the general skill level. Furthermore, a doctor has the obligation to inform the patient of the risks, however small, otherwise (s) he dispossesses the patient of an informed choice and that such explanation must be within the limits of the practice among colleagues. Such cases may transcend from the domain of contract into torts. For example the promise of an operation different from the promise of success, lies within the field of tort. In specific cases where it is impossible for the patient to give consent, the doctor retains the duty to do what is in the best interest of the patient. The Bolam test is a valid threshold in determining whether the doctor has acted within prescribed and expected standards to avoid negligence and whether such doctor is liable or not for damages.

Keywords: Medical, liability, negligence, Bolam, standard of care

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* E. Smaranda OLARINDE, Associate Professor and Provost College of Law, Afe Babalola University Ado-Ekiti, Solicitor and Advocate of Supreme Court of Nigeria, E: esolarinde@ abuad.edu.ng/ smarandao@yahoo.com.

** Clement CHIGBO, Solicitor of England and Wales, Senior Lecturer, Department of Private and Business Law, College of Law, Afe Babalola University Ado-Ekiti, Ekiti, Nigeria.

NESREA AND NCC REGULATIONS ON TELECOMMUNICATION MASTS: IMPLEMENTING THE PRECAUTIONARY PRINCIPLE

Tolulope Ogboru*

ABSTRACT

There have been conflicting findings in studies conducted to determine whether or not electromagnetic radiations (EMR) emitted by telecommunication masts are injurious to human health and the environment. The recent imbroglio between the National Environmental Standards and Regulations Enforcement Agency (NESREA) and the Nigerian Communications Commission (NCC) brought this matter to the fore in Nigeria. The conflict relates to the set back distance telecommunication operators are required to adopt as they site their masts near buildings. While NESREA’s Regulation provides for a farther distance because of its belief that electromagnetic radiations do have adverse impact on human health; NCC on the other hand insists that EMR does not pose any danger to human health. Having examined literature, report of studies and various opinions, it is evident that the scientific community is yet to agree on the effects of EMR on human health and the environment. This paper argues that this lack of scientific certainty should not be a reason to delay legislative action that will safeguard people’s health and their environment. The paper evokes the importance of the precautionary principle of international law to the effect that lack of full scientific evidence should not be used as a reason for postponing measures to prevent irreversible illnesses and environmental degradation that may result from EMR emitted by telecommunication masts. This paper discusses the need for regulatory agencies and the legislature to adopt the precautionary principle as they review and harmonise the two overlapping Regulations.

Keywords: Telecommunication Towers, NESREA, NCC, RF, EMR, Precautionary principle

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* LL.B, BL, LL.M, Ph.D, Senior Lecturer, Faculty of Law, University of Jos, Nigeria. Correspondence e-mail: ogboruit@yahoo.com; Tel: 08035024290.

IMPROVING SUBSTANTIVE AND PROCEDURAL PROTECTIONS FOR INDIGENOUS RIGHTS IN REDD+ PROJECTS: POSSIBLE LESSONS FROM BRAZIL

Kristen Taylor*

ABSTRACT

Nations around the world are beginning to acknowledge that climate change is an imminent threat to our planet and are responding with mitigation efforts. REDD+ (reducing emissions from deforestation and degradation plus) may be a way to minimize the deforestation that has lead to the increased greenhouse gas emissions causing a change in our global climate. Although REDD+ is one the leading proposals to address climate change, it lends itself to potentially harmful effects on indigenous people, if the regulating nation does not possess adequate policy for protections of their indigenous peoples. Indigenous peoples face the challenge of safeguarding access to their lands and the surrounding forests. In Brazil, there have been issues regarding who has property rights to the rainforest, and because of Brazil’s current legal framework, ambiguity regarding land tenure rights is the greatest obstacle to overcome when implementing successful REDD+ programs. As demonstrated in Colombia, the enumeration of specific environmental rights in their newest Constitution has effectively acknowledged indigenous rights and specific autonomy in land rights to their communities, thus requiring equal treatment and guaranteeing respect for indigenous cultures. Is constitutional recognition of indigenous peoples’ land tenure rights enough to ensure a successful implementation of REDD+ programs? If so, can Brazil effectively balance the need to implement climate change mitigation efforts while upholding indigenous people’s sacred ties to their lands? This paper examines how Brazil can prepare itself for an Indigenous REDD+ by modeling the implementation and enforcement of its current legal framework after that of Colombia.

Keywords: REDD+, indigenous rights, land grab, Brazilian Amazon, deforestation, Kayapó

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* JD (Florida A&M University College of Law); B.B.A (Georgia State University). Special thanks to Randall S. Abate, Professor of Law and Director of the Center for International Law and Justice at Florida A&M University College of Law, for his treasured advice and support in the preparation of this article.

INCREASED RELEVANCE AND INFLUENCE OF FREE PRIOR INFORMED CONSENT, REDD, AND GREEN ECONOMY PRINCIPLES ON SUSTAINABLE COMMONS MANAGEMENT IN PERU

Carlos A. M. Soria Dall’Orso, Ph. D.*

ABSTRACT

This paper examines unique opportunities provided by international discourses and practices of the Green Economy approach and valuation of ecosystem services (as promoted under the international climate change regime) on the sustainable management of indigenous forests and lands in Peru. It examines the influence of epistemological changes prompted by the United Nations Framework Convention on Climate Change (UNFCCC) on the improved understanding and conceptualization of the role of forests and sound natural resource management; and how these changes at the international level have positively impacted traditional land rights in Peru.1 It also analyses how increased development and financing of Reducing Emissions from Deforestation and Forest Degradation (REDD) processes and projects have enhanced the incorporation of interculturality into indigenous peoples’ public policy in Peru. This paper discusses the Peruvian experience, most especially how international demands for greater transparency in forest management led to the evolution of the Prior Consultation Law and Forestry (FPIC) Law in Peru. It reviews the growing relevance and influence of the Peruvian FPIC law, its impact on sustainable forest management, and the opportunities and practical challenges it portends for sustainable commons management in Peru.

Keywords: Peru, forests, green economy, FPIC, REDD, indigenous

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* MSc (Ecuador), PhD (Australia), international consultant, researcher, lecturer and activist on environmental and indigenous public policy since 1988. Dr. Soria Dall’Orso is the co-author of the Code of Environment and Natural Resources of Peru (1990); the General Environmental Law (2005), the Forestry and Wildlife Law 29763 (2011) and Regulation of the Forestry and Wildlife Law 27308 (2001). He is an Associate Researcher with the Institute for Nature, Territory and Renewable Energies Sciences (INTE) of the Pontifical Catholic University of Peru (PUCP). He teaches in the Master’s Program in Sustainable Development and Biocomerce at PUCP; Master’s programs of the Faculty of Forestry at the Universidad Nacional Agraria La Molina; Faculty of Business Administration at the Universidad San Ignacio de Loyola; and at the Postgraduate School of the Pedro Ruiz Gallo University of Lambayeque. He supported the Amazonian indigenous peoples and the Peruvian government negotiations in 2001 and 2009. From 2012-2014, he returned to the World Wide Fund for Nature WWF-Peru as Senior Policy Specialist on issues of indigenous peoples in isolation, developing voluntary standards for palm plantations, development of forestry legislation, among others. As such, he was very instrumental to the activities of World Wildlife Fund and the Coordinator of Indigenous Organizations of the Amazon Basin COICA to develop the content of the proposed Amazonian Indigenous REDD in various projects. In 2014 he helped the dialogue around the development of the regulations of the Forestry and Fauna Law.

1. The United Nations Framework Convention on Climate Change (UNFCCC) came into force in 1994 with the aim of reducing greenhouse gases (GHGs) emissions into the atmosphere. The UNFCCC COPs have been organized since 1995 as part of the commitments of the UNFCC. The Kyoto Protocol, although failed to come in to force, was, nevertheless, an important milestone whose failure to achieve still haunts us. The Kyoto Protocol ended in 2012 and the world seeks to establish a new solid and binding agreement climate change measures. For a list of UNFCCC COPs, see accessed June 15, 2015.

FORUM ISSUES IN THE ENFORCEMENT OF REGULATORY OBLIGATIONS OF NIGERIAN PUBLIC COMPANIES

Olumide Famuyiwa*

ABSTRACT

Jurisdictional conflict between judicial fora is often a common issue in countries that use a mix of specialist and regular Courts to resolve civil and criminal cases. In Nigeria, owing largely to lack of clear guiding principles, this conflict reflects presently in the judicial determination of the regulatory obligations of the country’s public companies. This paper focuses on this conflict. It examines statutory and case law rules at the centre of the jurisdictional conflict between the Federal High Court and the Investment and Securities Tribunal, in relation to the enforcement of reporting obligations of Nigerian public companies. As a contribution to regulatory clarity and law reform, it proposes and discusses normative principles for the resolution of this perceived jurisdictional conflict.

Keywords: regulation, jurisdiction, banking, public companies.

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* Doctoral Candidate and College Lecturer, Faculty of Law, University of Oxford, United Kingdom. Email: olumide.famuyiwa@law.ox.ac.uk.

LEGAL STATUS OF SECTIONS 10 AND 12 OF THE NIGERIAN OIL AND GAS INDUSTRY CONTENT DEVELOPMENT ACT (2010) UNDER THE GATT REGIME

Adewale Adetola Aladejare*

ABSTRACT

The Nigerian Federal Government in 2010 made a regulatory intervention in the Nigerian oil and gas industry by enacting the Nigerian Oil and Gas Industry Content Development Act (The “Act”). The Act prescribes in sections 10 and 12 that preference should be given to ‘...goods manufactured in Nigeria’. This paper considers the legal standing of these sections in international trade law against the backdrop of the national treatment principle contained in Article III of General Agreement on Tariffs and Trade (GATT). A comparative analysis is made using Article III to establish that the two sections flagrantly violate the obligations of the Nigerian state as a member of the World Trade Organisation (WTO) and GATT. An unexplored contract alternative to legislation argument is then advanced and recommended.

Keywords: Local content, trade, GATT, WTO, national treatment

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* Adewale Aladejare, LL.M (UK), LL.B (Ife) is a lecturer at the College of Law, Afe Babalola University, Ado Ekiti.

REFUGEE RIGHTS IN SOUTH AFRICA: ADDRESSING SOCIAL INJUSTICES IN GOVERNMENT FINANCIAL ASSISTANCE SCHEMES

Callixte Kavuro*

ABSTRACT

The political debate on exclusion of refugees and asylum-seekers from socio-economic benefits and opportunities is arguably underpinnned by assumptions, fallacies and misconceptions that a higher number of refugees are not “genuine.” Rather they are bogus refugees who are in South Africa to seek a better life. That belief has a dire consequence of treating refugee students as ‘international students” at higher learning institutions, resulting in depriving refugees and asylum-seekers of the right to education and training and of other social opportunities. These assumptions fly in the face of international refugee law principles that refugees and asylum-seekers are to be accorded ‘treatment as favourable as possible’ with respect to tertiary education. Thus, the main objective of the paper is to argue for favourable extension of student financial aid and assistance to refugees and asylum-seekers in South Africa for educational purpose in line with the principles of fair and equitable treatment under international law. The paper depends largely on the concept of social justice and the philosophy of Ubuntu (which means to be humane toward others). It argues that practicalizing Ubuntu demands a distributive justice system to ensure that the most vulnerable people have access to certain primary goods and they are afforded social opportunities to realise the most fulsome life. In so doing, the paper draws legal distinctions between two often-confused concepts vis a refugee student and an international student though the discussion of the two distinct regimes that regulate their sojourn in South Africa, namely the Refugees Act 130 of 1998, as amended and the Immigration Act 13 of 2002, as amended.

Keywords: Refugee, Ubuntu, social justice, rights, immigration, asylum.

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* Dip. Journ (CMC); LLB (Western Cape); LLM (Capetown); LLD Candidate (Stellenbosch). Email address: callixtekav@gmail.com.

ACHIEVING EXCELLENCE IN THE LEGAL PROFESSION IN A GLOBALIZED WORLD: IMPERATIVES FOR DEVELOPING ECONOMIES

Felicia Eimunjeze*

ABSTRACT

That the world has become a global village is a cliché. Today, as far as communication and dissemination of information is concerned, distance is no longer a barrier. It is therefore imperative that the training of lawyers in developing economies prepare them to be relevant and function efficiently and effectively in a borderless world. The increasing impacts of information technology and the internet have demystified knowledge and skills in all professions leaving the lawyer of today a person of business and ethics. The key argument in this paper is that the appropriate response to this is not in how much more of Law and Practice are crammed into Schools’ curricula; rather it is in training law students to become practitioners whose services will be valued in the internationalized market of today. The key to excellence in a globalized world is for lawyers to be prepared with the relevant skills, knowledge, and technological sophistication needed for them to meet complex expectations of clients in terms of high ethical standards, personal conduct and efficiency, knowledge and skill in that order.

Keywords: Legal education, excellence, globalization, technology

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* Deputy Director (Academics) The Nigerian Law School. Email: feimunjeze@gmail.com.

LEGAL AND CONSTITUTIONAL EVALUATION OF THE NIGERIAN SOVEREIGN WEALTH FUND

Solomon E. Ekokoi *

ABSTRACT

The central aim of this paper is to examine the constitutionality of Nigeria’s sovereign wealth fund (SWF) which was established in August 2012, pursuant to the Nigeria Sovereign Investment Authority (Establishment etc) Act 2011 (the NSIA Act). The paper reviews and discusses how questions on the constitutionality of a sovereign wealth fund have been dealt with in other jurisdictions with similar legal and governmental structures. It reviews practices in the United States and Canada, where the establishment of SWFs conform to their federal constitutional designs; and in Australia and Russia, where the law and practice of SWF are similar to the extant regime in Nigeria. This paper argues that questions on the constitutional basis of the SWF alone should not affect the establishment of a national SWF in Nigeria and therefore recommends a constitutional amendment to clear the grey areas. It discusses the importance of the law and development approach in resolving the identifiable setbacks in the Nigerian NSIA Act bearing in mind the potentials of the SWF in the socio-economic development of the Nigeria.

Keywords: Sovereign wealth fund, constitution, stabilization

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* LLM (Uyo) (Barrister & solicitor of the Supreme Court of Nigeria; lecturer in law, Department of Public Law, Faculty of Law, University of Uyo, Nigeria. E-mail: ekokoisolomon@ yahoo.com).

STAKEHOLDER APPROACH TO CORPORATE SOCIAL RESPONSIBILITY: RECIPE FOR SUSTAINABLE PEACE IN THE NIGER DELTA REGION?

Sunday Bontur Lugard*

ABSTRACT

Corporate Social Responsibility (CSR) is a pathway to positive and sustainable engagement of business-stakeholders in general and its host community in particular, especially when the operations of such enterprise have a way of negatively impacting the environment or other interests of such a community. Empirical research has shown that such engagement has a way of not just improving corporate-community relations but acts as a strategic roadmap to allow stakeholders take ownership of and buy in into corporate sustainability plans. This is one area International Oil Companies (IOCs) operating in Nigeria’s Niger Delta region have arguably floundered, and hence the ensuing and seemingly intractable confrontations from the host communities and militant groups who perennially feel left out of topdown CSR initiatives. This paper discusses the concept of “emotional equity” as a missing piece in community involvement in corporate sustainability in Nigeria. It examines how a stakeholder approach to CSR could serve as a participatory and level playing approach that would engender peaceful, symbiotic engagement and cohabitation between the IOCs and their host communities.

Keywords: Corporate social responsibility, development, environment, pollution

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* LL.B, BL, LL.M is a Lecturer in the Department of International Law and Jurisprudence, Faculty of Law, University of Jos, Nigeria. Email: lugards@unijos.edu.ng.

THE CHALLENGES OF SUSTAINABLE DEVELOPMENT IN POST-COLONIAL AFRICAN STATES: A REVIEW OF ADAMU USMAN’S SIEGED

Solomon Adedokun Edebor*

ABSTRACT

This paper discusses and contributes to debates on the critical governance challenges faced by post-colonial African states such as bribery and corruption, lack of democratic and participatory governance, insecurity, lack of justice and equality before the law, and illiteracy as some of the impediments to sustainable development in Africa. These issues have been variously discussed by literary scholars with an attempt to portray and expose them. One such excellent attempt is Adamu Usman’s Sieged. This paper analyses some of the fundamental threads in Usman’s submissions on how lack of good governance and purposeful leadership remain the bane of African states. It then takes the analyses further by showing that no meaningful social, economic, political or environmental development can take place in Africa until African masses demand for good governance and engage in ideology-based social revolution in ending the reins of corrupt leadership.

Keywords: post-colonialism, politics, corruption, sustainable development, independence.

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* Solomon Adedokun Edebor is of the Department of English and Literary Studies, Afe Babalola University, Ado-Ekiti, (ABUAD), Ekiti State, Nigeria.

UNQUENCHED THIRST: THE NEED FOR A CONSTITUTIONALLY RECOGNIZED RIGHT TO WATER IN GHANA

Tia Crosby*

ABSTRACT

The practice of privatizing water is often discussed as the leading method for improving access to adequate water in developing countries. Notably, this method has a cost that frequently impedes access to water in the developing world, while exploiting the profitability of a natural resource that is vital to human life. In Ghana, the failure of water privatization initiatives and the growing scarcity of adequate water have caused a public health crisis that necessitates a quick and efficient solution. As demonstrated in South Africa, the codification of the right to water in its constitution has improved access to adequate water, sparked government concern and action on water and sanitation issues, and provided citizens with various avenues to compel government adherence to the constitutional right. Is constitutional recognition of the right to water an adequate alternative to privatization of water? If so, can such recognition solve Ghana’s water woes? This paper examines how constitutional recognition of the right to water in Ghana can successfully encourage the substantive realization of access to adequate water to all Ghanaians and an efficient procedural process that assures government accountability in water governance.

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* BA (University of North Carolina, NC, USA), JD (Florida A&M School of Law, USA), Certificate in International Human Rights Law and Global Justice Studies; Human Rights Fellow (2014), Florida A&M University College of Law, Orlando, USA.

BUYING BACK THE RIGHT TO HEALTH: LEGAL AND POLICY FRAMEWORK FOR FACILITATING ACCESS TO ESSENTIAL MEDICINES IN DEVELOPING COUNTRIES

Tanvi Mani*

ABSTRACT

The concept of public healthcare has perennially involved the institution of measures that are necessary for the prevention of large scale epidemics. This preventive approach embodies principles of sanitation, water purification and more recently vaccination. However, the advent of new strains of viruses and an unprecedented increase in the susceptible population has expanded the ambit of primary healthcare to include effective treatment. Especially in developing countries, treatment through affordable medicines is considered fundamental to the achievement of public health goals. Thus, there exists a humanitarian obligation on the international community and the respective governments of nations, to provide effective medication to those who cannot afford it, in the larger interest of maintaining a sense of equity in the sustenance of human life. This paper analyses relevant international treaties and domestic judicial interventions that could effectuate positive change in the formulation of international trade and intellectual property policies, with regard to healthcare, at national as well as an supranational levels. The paper argues for the transfer of the decision making powers, with regard to the distribution of drugs, from the private pharmaceutical industry to the governments of countries. This, it argues, would result in a shift in prioritization from profit making motives, to the universal realization of the right to health.

Keywords: Healthcare, intellectual property, human rights

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* Tanvi Mani is of the School of Law, The WB National University of Juridical Sciences (NUJS), Kolkota, India. Email: tanvi2493@gmail.com, Tel: +91 8420285425.

AS THE WORLD WELCOMES ITS SEVEN BILLIONTH HUMAN: REFLECTIONS ON POPULATION, LAW, AND THE ENVIRONMENT

Robert Hardaway*

ABSTRACT

Twenty years ago, Praeger Publications of Westport Connecticut published this author’s book “Population, Law and the Environment”,1 in which the case was made for identifying human population expansion as the key environmental issue of our times. This case rested in large part on linking together cultural and legal issues, which theretofore had not always been considered to be related to environmental protection, such as abortion, the rights of women, contraception, immigration, family planning, and policies of economic growth. There have been considerable developments in these areas which have spurred this author to update his book, this time in the form of this article which both condenses the content of his previously published book where apposite (including passages which are incorporated verbatim from his previous work), and updates the most recent data supporting its original premise. The case is renewed herein for linking those areas which continue to be widely ignored or rejected as relevant to environmentalism, while at the same time urging that the environmental movement and the law that supports it expand its current narrow focus on the “A” and “T” factors of Holdren’s2 brilliantly conceived equation (I=PAT), and recognize the more critical “P” component, which in turn is a reflection of how both domestic and international law promulgates and enforces law in the areas identified in this article. The name that the author has adopted for this proposed change of focus is “Environmental Malthusianism.”3 Keywords: Population, Environment, Law, Climate Change

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* Professor of Law at the Sturm College of Law, University of Denver, Colorado, United States. This article is reprinted with permission from Sustainable Development Law and Policy, (2014) Volume XIV, Issue 1, American University Washington College of Law.

1. Praeger Publications is now a part of the publishing house of ABC-CLIO, Santa Barbara, California.

2 Although Holdren’s name is used herein to describe the equation, the equation has been recognized as a joint effort of John Holdren, Barry Commoner, and Paul Ehrlich.

3 Although the author has not found any usage of this term in other literature, he claims no credit for its coinage given that it seems such an obvious term to describe the linkage of population to the environment.

CONSTRUCTING THE LEGAL SAFEGUARD FOR CHINA’S CARBON TAXATION

Haifeng Deng * and Anna Wang **

ABSTRACT

Environmental protection practices of developed countries prove carbon taxation is an effective tool to reduce greenhouse effect, and China has already put it into official agenda. Based on Chinese environmental law system, the enforcement of carbon tax mainly faces four key challenges, contradiction with the existing taxes items; conflict with carbon trade system; adjustment of carbon tax collection and administrative structure; and coordination with international trade rules. In order to solve those problems, it is high time to build a legal protection system for carbon taxation. The essence of the legal protection system includes at least three aspects: Firstly, adjusting the existing environment tax rates. Secondly, coordinating with carbon trade system and make tax reduction policy for enterprises which have achieved reduction goals. Thirdly, constructing a dynamic balance administrative system and a comprehensive database system for carbon taxation.

Keywords: Carbon Tax; Legal protection; Function; Construction

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* Haifeng Deng, Associate Professor of Law School, Tsinghua University, Haidian District, Beijing, China,100084, email: denghaifeng@126.com.

** Anna Wang, PhD Candidate of Law School, Tsinghua University, Haidian District, Beijing, China,100084.