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THE SEARCH FOR LOCAL GOVERNMENT AUTONOMY IN NIGERIA: LEGAL AND INSTITUTIONAL PATHWAYS TO ITS REALIZATION

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Ifeolu J. Koni*

ABSTRACT

This article examines the status of the local government under the tripartite governmental system in Nigeria that has been in operation since 1979. It reviews the various reforms that the administration of local government has gone through from the colonial era till 1999 when the extant Constitution of Nigeria came into force. The article finds that notwithstanding the provision of section 7 of the 1999 Constitution which provides for a system of local government by democratic means, many of the State Governments have continued to set up caretaker committees at this tier of government, thereby denying the grassroots population of the benefits of democratic rule. The creation of the infamous State Joint Local Government Account has rendered the Local Governments totally prostrate as they depend completely on the State Governments for funds needed for their development. The article recommends, inter alia, that section 165 of the 1999 Constitution should be amended with a view to abolishing the State Joint Local Government Account and making the Local Government Councils both politically and financially autonomous.

Keywords: Search, local government, autonomy, pathways and realization

DOI: http://dx.doi.org/10.4314/jsdlp.v7i2.8

* LL.B (Hons), Ilorin, LL.M, PhD (Ife) BL, Barrister and Solicitor of the Supreme Court of Nigeria; Senior Lecturer, College of Law, Afe Babalola University AdoEkiti, Nigeria. Email: ife4law@yahoo.com

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IMPLEMENTING ISLAMIC MICROFINANCE IN NIGERIA: A MATTER OF EQUITY AND SOCIAL JUSTICE

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Abayomi Al-Ameen*

ABSTRACT

Many hardworking people from unprivileged backgrounds are automatically disadvantaged simply because they lack access to financial capital. Observably, microfinance provides a way out of the poverty trap if it is deployed appropriately. Nigeria, like many other developing countries, has thus taken up the challenge of developing inclusive microfinancing initiatives. In the country, funding for small-scale businesses is available from both the government and the private sector. Unfortunately, the nature and conditions of the schemes fail to meet the sensitivities of a substantial group who would otherwise have been eligible for the grants and loans. The practical implication is that such group would be twice excluded from the financial system. These potentially excluded groups are those poor Muslims who might desire funding but are unable to benefit from the government schemes because the loan conditions contradict their faith. It is argued that the effect of the status quo is that it breeds further inequality and inequity and could even amount to outright (or indirect) discrimination. This contention is substantiated through constitutional analysis and also in light of a contemporary economic welfare theory – the Capability Approach. The article argues that this marginalized group has a right to Islamic microfinance. This right, it is further contended, places justiciable (positive and negative) duty on the government. It, therefore, calls that Islamic microfinance should forthwith be embedded into the fabric of public governance in the country. The article demonstrates the exclusionary problem by analysing some of the existing schemes, and it proffers alternative sharia-compliant conditions for existing schemes.

Keywords: Islamic microfinance; social development, distributive justice; indirect discrimination; constitutional law/human right, capability approach.

DOI: http://dx.doi.org/10.4314/jsdlp.v7i2.10

* Lecturer in Commercial Law, Cardiff School of Law and Politics, Cardiff University, UK.

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SUSTAINABLE MANAGEMENT OF NIGERIA’S OIL WEALTH: LEGAL CHALLENGES AND FUTURE DIRECTIONS

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Solomon Ekokoi*

ABSTRACT

Oil is a very important resource for Nigeria, as it remains the major economic driver and mainstay of the country. The unsustainable management of Nigeria’s oil wealth, rather than the availability of oil itself, remains the real cause of the challenges confronting the economic performance of the country. This article contributes to the debate on how Nigeria can develop more coherent and sustainable practices in the management of its oil wealth. It examines how policies and rules of law that promote mismanagement, corruption, waste and the fixation with the sharing of oil revenues at the expense of production are unsustainable and unethical practices that may continue to stifle sustainable development in Nigeria. The article discusses the need for stronger legal regimes for the efficient management of Nigeria’s oil wealth, and identifies the roles that active stakeholder engagement, such as the Nigerian public and civil society organizations (CSOs) should play.

Keywords: CSOs, sustainable management, oil wealth, mismanagement, State theft, economic development.

DOI: http://dx.doi.org/10.4314/jsdlp.v7i2.7

*Lecturer in Law, Department of Public Law, Faculty of Law, University of Uyo, Nigeria; e-mail: emmanuelsolomon@uniuyo.edu.ng; ekokoisolomon@yahoo. com. The author is grateful to the anonymous reviewers for their useful comments on the earlier draft. However, any error is the responsibility of the author.

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PROTECTING THE RIGHTS OF CHILDREN IN NIGERIA: LEGAL FRAMEWORK FOR THE PROGRESSIVE IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

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Adekunbi Adeleye*

ABSTRACT

This article evaluates the legal framework for the progressive realization of the International Covenant on Economic, Social and Cultural Rights (ICESR) provisions on socio-economic human rights of children in Nigeria. It reviews the nature, scope and content of children’s rights espoused by the ICESR and then examines how these socio-economic rights of children, both nationals and non-nationals, can be guaranteed and progressively realized within the relevant provisions of Nigerian law and the limited available resources, given that Nigeria is a developing country. The article also discusses how legal barriers posed by the non-justiciability of the socio-economic rights under the fundamental objectives and directive principles of the Nigerian Constitution and other challenges to the full realization of the socio-economic rights can be overcome.

Keywords: Nigeria, children, socio-economic rights, progressive realization, core minimum standard.

DOI: http://dx.doi.org/10.4314/jsdlp.v7i2.12

* LLB, BL, LLM, Lecturer, Kwara State University, Malete, Nigeria, email: kumbexadex@yahoo.com

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THE JURISPRUDENCE OF PRODUCT LIABILITY IN NIGERIA: A NEED TO COMPLEMENT THE EXISTING FAULT THEORY

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Gbade Akinrinmade*

ABSTRACT

This article argues for the adoption of strict liability principle as an additional theoretical basis of liability, to complement the existing fault theory on product liability claims in Nigeria. The fault theory, which currently is the only theoretical basis of liability, unduly burdens claimants. The reason for this is that such claimants are expected to establish fault despite the lack of insight into the complex processes of production. While establishing fault in cases of manufacturing defect may seem less onerous, it is an uphill task when it concerns design or warning defects. Bearing in mind that a principal rationale of tort law is to ensure that prejudiced parties are compensated for losses suffered, this article explains why it is necessary to assess and review applicable principle of liability in Nigeria to ensure that it is in line with the demands of justice, which should be in conformity with the peculiar circumstances of its operating environment.

Keywords: torts, strict liability, fault, product, consumer

DOI: http://dx.doi.org/10.4314/jsdlp.v7i2.9

* Department of Jurisprudence and International Law, Olabisi Onabanjo University, Ago-Iwoye, Ogun-State, Nigeria. Email: gbadeakinrinmade_co@yahoo.com

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REALISING THE AFRICA MINING VISION: THE ROLE OF GOVERNMENT-INITIATED INTERNATIONAL DEVELOPMENT THINK-TANKS

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Chilenye Nwapi*

INTRODUCTION

In 2008, the United Nations Economic Commission for Africa (UNECA) and the African Union (AU) established a joint technical taskforce to articulate a mining vision for Africa. The resulting Africa Mining Vision (AMV), which was adopted by African Heads of State and Government in February 2009, was informed by the continent’s recognition of its enormous mineral potential, the importance of mineral resources to Africa’s industrialisation and socioeconomic development, and the fact that in most African countries only very little progress has been made to maximise the opportunities.1

* Senior Fellow, Institute for Oil, Gas, Energy, Environment and Sustainable Development Afe Babalola University, Nigeria. This article is a revised version of a paper presented at the Southern African Institute of Mining and Metallurgy’s “Mining, Environment and Society” Conference: Beyond Sustainability – Building Resilience, held in Johannesburg from 12-13 May 2015. The Institute reserved the right to publish that earlier version in its journal.

1 African Union (AU), Africa Mining Vision, February 2009, accessed 8 December 2015.

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THE CIVIL SOCIETY AND THE REGULATION OF THE EXTRACTIVE INDUSTRY IN NIGERIA

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Rhuks Ako* and Eghosa O. Ekhator**

ABSTRACT

This article focuses on the role of civil society organisations (CSOs) in impacting on trends and developments in the extractive industry in Nigeria. For example, CSOs take on the government to promote accountability and probity in the management of the sector that is beset by ineffectual regulation; alleged collusion with multinational corporations having as consequences environmental degradation and human rights abuses; and, ineffective judicial processes, among other things. On the other hand, CSOs are increasingly beginning to play prominent roles in collaborations with extractive corporations in the initiation and management of development programmes. In a nutshell, this paper aims to engage with both theoretical (based on the Hood et al conceptualisation of a regulatory regime, which encompasses information gathering, standard setting and behaviour modification activities) and practical frameworks (such as litigation, collaboration and pressure by CSOs) that explain the evolution of CSOs and their “regulatory” roles in Nigeria’s extractive industry. Civil society and civil society organisation are used interchangeably.

Keywords: Nigeria, CSOs, extractive industry, regulatory framework.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i2.9

* Senior Fellow, Institute for Oil, Gas, Energy, Environment and Sustainable Development, Afe Babalola University, Nigeria. Email: rako@ogeesinstitute.edu.ng

** University of Hull Law School, UK. Corresponding author: Email: eghosaekhator@gmail.com

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THE FEASIBILITY OF IMPLEMENTING THE UNITED NATIONS GUIDING PRINCIPLES ON BUSINESS AND HUMAN RIGHTS IN THE EXTRACTIVE INDUSTRY IN NIGERIA

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Oyeniyi Abe*

ABSTRACT

Extractive resource governance has been a challenging task for resource-rich countries in Africa. It has fuelled civil wars, ethnic clashes and underdevelopment in this region. This has turned the so-called resource wealth into resource curse. To address this particularly nauseating challenge, the international community came together to adopt the UN Guiding Principles on Business and Human Rights (GPs). Polarised debate on whether the GPs should be binding or voluntary has slowed down the effective implementation of the Principles. This article argues that while the GPs have been the latest attempt at regulating multinational companies (MNCs), greater emphasis should be placed on the readiness of states to domesticate the Principles. To achieve this, the paper explores various approaches through which the GPs can be crafted into national legislation. It also investigates the different methods through which states can ensure that corporations systemically respect human rights obligations in their areas of operation. In order to restore faith in the whole process, it is necessary to examine how human rights principles can be mainstreamed into corporate practice locally. No doubt, rights-based frameworks, such as the GPs, are needed to ensure that human rights are streamlined in business’ projects, policies, and agreements throughout the various stages, including preparation, funding, implementation and monitoring. The issue of corporate liability under international law has had its troubled history, thus, this article argues that MNCs have a heightened responsibility to respect the human rights of the local communities in resourcerich, war-torn zones, particularly in sub-Saharan African, using Nigeria as focal point.

Keywords: Guiding principles, business, human rights, multinational companies (MNCs).

Doi: http://dx.doi.org/10.4314/jsdlp.v6i2.7

* Doctoral Candidate, Centre for Comparative Law, Faculty of Law, University of Cape Town, South Africa, currently Fulbright Visiting Scholar at Loyola University, Chicago School of Law. oabe@luc.edu.

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THE JUDICIARY AND SUSTAINABLE DEVELOPMENT: PERSPECTIVES OF A BRAZILIAN FEDERAL JUDGE

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Gabriel Wedy*

ABSTRACT

The approval of 17 goals and 169 targets for sustainable development by the United Nations Conference on Post-2015 Development Agenda is unquestionably an advancement for humanity. Economic development alone is however unsatisfactory: it must be paired with human development, respect for the environment and sound governance. Drawing from litigation and jurisprudential development from the Brazilian judiciary, this short legal commentary evaluates the role of the judiciary in promoting sustainable development, especially the attainment of the United Nations Sustainable Development Goals (SDGs). Keywords: Brazil, Sustainable Development, Judiciary.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i2.10

* Federal Judge in Brazil, an Environmental Law Professor at ESMAFE/RS (the Federal Judiciary Superior School) and a Visiting Scholar at Columbia Law School(Sabin Center for Climate Change Law).

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NEW DIRECTIONS IN AFRICAN DEVELOPMENTALISM: THE EMERGING DEVELOPMENTAL STATE IN RESOURCE-RICH AFRICA

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Sara Ghebremusse*

ABSTRACT

African states are reclaiming a greater role in natural resource extraction that is generating significant scholarly interest and debate. This paper contributes to the debate by considering how these measures fit into the developmental state paradigm first used to study East Asian countries following World War II, and the “new” development state framework that currently dominates law and development scholarship. This paper argues that recent policy reforms by African states – including enhanced local participation, increased linkages between extractive industries and other sectors, and broader resource nationalist measures that seek to generate more revenue for national governments – are characteristic of the developmental state and “new” developmental state, neither have fully taken shape in resource-rich Africa as it is unclear how these new measures address “good governance” and democracy concerns. Keywords: Developmentalism, Africa, oil, state.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i2.1

* Ph.D. Student, Osgoode Hall Law School at York University, Toronto, Canada.

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WHEN POLICY IS NOT ENOUGH: PROSPECTS AND CHALLENGES OF ARTISANAL AND SMALL-SCALE MINING IN SOUTH AFRICA

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Pontsho Ledwaba* and Kgothatso Nhlengetwa**

ABSTRACT

As in most countries, artisanal and small-scale mining (ASM) activities are recognised in South Africa. ASM activities first became part of the socioeconomic development agenda of the country in 1994 after the change in government. ASM was identified as an important platform where disadvantaged South Africans can participate and benefit from the mining industry. This is because of the potential benefits that government has sought to support the sub-sector. In the past two decades, several programmes and initiatives have been introduced to promote and advance the sub-sector. In the majority of cases, these interventions failed to facilitate the development of the sub-sector and, to a large extent, its contribution to local economies. This is attributed to a myriad of challenges still facing the sub-sector today. The objective of this paper is to map all the critical developments that took place in the sub-sector in an attempt to develop and deploy appropriate assistance to the sub-sector. The paper assesses their impact, if any, on the growth of ASM in South Africa. With the country into its second decade of democracy, it has become crucial to reflect on past experiences and use them as learning curve to create a new thriving economy.

Keywords: artisanal and small scale mining (ASM), timeline, poverty alleviation, sustainable development, South African mining policy.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i2.2

* Corresponding author, Pontsho Ledwaba, Research Engineer, Small-Scale Mining and Beneficiation (SSMB) Division, MINTEK, 200 Malibongwe Drive Randburg, 2125, Republic of South Africa, Tel: +27 11 709 4337, email: pontshol@ mintek.co.za.

** Ph.D Candidate, School of Geosciences, University of the Witwatersrand, Johannesburg, Private Bag 3, WITS, 2050, Republic of South Africa, Tel: +27 11 717 6623, E-mail: kgothatso.nhlengetwa@students. wits.ac.za.

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EMERGING PRACTICES IN COMMUNITY DEVELOPMENT AGREEMENTS

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Jennifer Loutit*, Jacqueline Mandelbaum**, and Sam Szoke-Burke***

ABSTRACT

Community Development Agreements (CDAs) have the potential to facilitate the delivery of tangible benefits from large-scale investment projects, such as mines or forestry concessions, to affected persons and communities. To be effective, however, CDAs must be adapted to the local context, meaning that no single model agreement or process will be appropriate in every situation. Nonetheless, leading practices are emerging which can be required by governments, voluntarily adopted by companies, and demanded by communities. These practices are grounded in ensuring that all parties are sufficiently informed, capacitated, and prepared to engage in meaningful negotiations regarding how the investor’s operations should benefit local stakeholders. This article reviews existing research on CDAs, as well as available agreements from the extractive sector in Australia, Canada, Laos, Papua New Guinea, Ghana and Greenland. It articulates seven broad leading practices and how different stakeholders could work to achieve more effective agreements.

Keywords: Community development agreement, extractive, investment, leading practices.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i2.4

* Attorney, Latham & Watkins LLP, New York, United States.

** Special Counsel, Corrs Chambers Westgarth; former Legal Researcher, Columbia Centre on Sustainable Investment, New York.

*** Legal Researcher, Columbia Centre on Sustainable Investment, Columbia University, New York.

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PERIODIC REVIEW IN NATURAL RESOURCE CONTRACTS

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Jacky Mandelbaum*, Salli Anne Swartz*, and John Hauert***

ABSTRACT

Periodic contract review mechanisms, which are provisions in contracts that formally require parties to meet at particular intervals to review the terms of the contract, are mechanisms that may facilitate the process of negotiating contractual changes to accommodate changing circumstances over the term of extractive industries contracts. Through the review of existing extractive industries agreements, this article considers how such review mechanisms have been incorporated into existing contracts and the use of such mechanisms as a tool for maintaining good relationships between the parties. In addition, the article suggests a new approach to the drafting of these mechanisms by negotiating objective criteria to be incorporated into the contract at the commencement of the contractual relationship in order to facilitate the timing and parameters of contract renegotiation when certain triggers occur.

Keywords: Periodic review, natural resources, extractive industries contracts, renegotiation, sustainable development, long-term contracts; hardship.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i2.6

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THE CLASH OF PROPERTY AND ENVIRONMENTAL RIGHTS IN THE NIGER DELTA REGION OF NIGERIA

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Sunday Bontur Lugard*

ABSTRACT

The Niger Delta region of Nigeria, home to about 30 million people, is one of the world’s most prominent deltas. Petroleum exploration in this region has been ongoing for over fifty years and revenue from this activity is at present the mainstay of the Nigerian economy. Granted that it is impracticable to undertake petroleum operations without some negative impact on the environment, a good deal of this pollution can be mitigated. The International Oil Companies (IOCs) are complacent about pollution reduction to a sustainable level; regulatory agencies are either compromised or lack the required expertise or equipment to monitor and enforce compliance with extant environmental protection laws and regulations. The pursuit of the IOCs’ property right over petroleum resources has set them against the other stakeholders’ right to a healthy environment. The clash of these rights can best be addressed by ascribing “collective property” and not “private property” right to the acreage over which they have been granted licence to prospect for, explore or mine petroleum resources.

Keywords: Property rights, natural resource exploration, environmental law.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i2.3

* Lecturer, Department of International Law and Jurisprudence, Faculty of Law, University of Jos, Nigeria; lugards@unijos.edu.ng.

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THE EFFECTS OF LEGISLATION ON CORPORATE SOCIAL RESPONSIBILITY IN THE MINERALS AND MINES SECTOR OF NIGERIA

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Adedoyin Akinsulore*

ABSTRACT

This paper examines the effect of legislation on the corporate social responsibility in the minerals and mines sector of the Nigerian economy. Observing that the extractive industry sector in the country is populated by enclave industries that give little priority to CSR, the paper analyses the Nigerian Minerals and Mines Act, 2007. The Act obligates contracting a Community Development Agreement (CDA) between the mineral title holder and the community where the mining company is to operate. Linking CSR and the CDA through the stakeholder theory, the paper observes that corporate actors in the solid minerals sector of the country can no longer deprioritise CSR in their corporate planning as hitherto. It concludes that the effect of this law is to empower the community as an important stakeholder thereby validating the stakeholder thesis herein espoused.

Keywords: Corporate social responsibility (CSR), minerals, mines, agreement, human rights.

doi: http://dx.doi.org/10.4314/jsdlp.v6i2.5

* Department of Public Law, Obafemi Awolowo University, Ile-Ife, Nigeria e-mail: adedoyinakinsulore@gmail.com or adakinsulore@oauife.edu.ng

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AN EVALUATION OF CHINA’S CARBON EMISSION REDUCTION POLICIES ON URBAN TRANSPORT SYSTEM

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Hou Jiaru* and Feng Xiangzhao**

ABSTRACT

Climate change has become one of the hottest issues in international law. As the world’s second-largest greenhouse gas emission sector, the transport sector, especially the urban traffic system, is facing much more pressure to reduce its aggregate emissions. This article begins with a theoretical examination of the system theory, takes the cobenefit concept as a methodological guide and discusses various urban traffic emission reduction policies such as travel demand management, vehicles policies, fuel policies, road policies and comprehensive management policies of the urban transport system. It argues that holistic policy reform is the most important means of promoting CO2 emission reduction effectively in urban traffic system. It is unrealistic to only implement one type of policy to achieve CO2 emission reduction targets in urban traffic system; a policy mix will arguably be of great significance to achieve and sustain emission reduction. Therefore, the promotion and perfection of policy system of CO2 emission reduction in urban traffic system and the intensification of policy innovation should be deemed a strategic choice to effectively realize CO2 emission reduction targets in urban traffic system, while promoting the sustainable development of the urban traffic system, the city and the economy.

Keywords: Urban transport system, greenhouse gas emission reduction, policy summarizing.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.2

* Hou Jiaru, LLM (Vermont), PhD (Remin), Professor at Civil, Commercial & Economic Law School, China University of Political Science and Law, Beijing.

** Corresponding author: Feng Xiangzhao, PhD in economics, Associate Professor, currently serves at Climate Change Research Department, Policy Research Center for Environment and Economics of the Ministry of Environmental Protection, Beijing, China. Email: feng.xiangzhao@prcee.org. The article is supported by Program for Young Innovative Research Team in China University of Political Science and Law.

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ACHIEVING SUSTAINABLE DEVELOPMENT THROUGH TAX HARMONIZATION: POTENTIALS, PARADOXES AND POLICY IMPERATIVES

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Aniyie Ifeanyichukwu Azuka*

ABSTRACT

Using Nigeria as a case study, this article examines the efficacy of tax harmonization as an option for the achievement of two objectives: the integration of a developing country with other economies, and its sustainable development. It highlights the nexus between tax harmonization – a tax policy option – and sustainable development, as well as the potentials and paradoxes of tax harmonization. The article proceeds on the premise that striking the right balance between the multiplicity of policy options when designing and implementing tax policies is a great challenge for governments; tax harmonization can be adopted for diverse reasons; and the policy of harmonization within the tax sphere impacts on development of the state. The article discusses how practical barriers and challenges associated with implementing tax harmonization may be navigated through empirical information and/or research.

Keywords: Tax, harmonization, sustainable development, Nigeria, economy.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.12

* MPhil Taxation (Pretoria); LLM (Benin); BL., ACIArb. (UK); ACTI. Associate Research Fellow, Institute for Oil, Gas, Energy, Environment and Sustainable Development, Afe Babalola University, Nigeria.

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PENALTIES AND LIQUIDATED DAMAGES IN A CHANGING WORLD: RETHINKING THE COMMON LAW POSITION

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Oluwadamilola Odetola*

ABSTRACT

Why did Antonio agree to give Shylock a pound of his flesh in the Merchant of Venice? Why was Shylock unable to get his pound of flesh? Parties to a contract are allowed to determine their obligations but cannot freely determine the consequences of breach in the event of nonperformance. Such is the paradox in the law of obligations. Virtually every modern contract contains a liquidated damages clause and common law jurisdictions strive to ensure that such clauses do not offend the rule against penalties. This paper examines the principle of contractual freedom within the narrower context of liquidated damages and penalty clauses. It revisits the principles of the law of penalties as expounded in the classic case of Dunlop Pneumatic Tyre Co. Ltd v. New Garage & Motor Co. Ltd, and considers how well they have fared after a century. In making this evaluation, particular attention is paid to English, Australian and Nigerian law. There are issues thrown up by the rigid dichotomy between liquidated damages and penalties and the extent to which commercial partners can negotiate around them. As commercial contracts become more complex and multi-jurisdictional, clarity, certainty and security of transactions have become more fundamental to commercial dealings. This article finds that the dichotomy between penalty and liquidated damages has not only become irrelevant, it also undermines these fundamentals. Arguments made in favour of the dichotomy are self-defeating and confusing. Judicial attempts to bring the penalty rule in consonance with commercial realities also come with problems of their own. Therefore, an abolition of the dichotomy is advocated. This article proposes that in place of the existing unjustifiable paternalistic approach, all agreed damages should be prima facie valid, subject to clear cases of unequal bargaining power and economic oppression.

Keywords: Penalties; liquidated damages; genuine estimate; commercial justification.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.11

* LL.B (Ibadan), B.L, BCL (Oxon), Law Teacher and Doctoral Researcher at the University of Kent, United Kingdom; and Associate Research Fellow, Institute for Oil, Gas, Energy, Environment and Sustainable Development, Afe Babalola University, Nigeria, email: dodetola@ogeesinstitute.edu.ng

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LAW OF THE DANCE: LEGAL AND REGULATORY FRAMEWORK FOR PROMOTING APPROPRIATE MUSIC CONTENT IN NIGERIA

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Augustina T. Clark*

ABSTRACT

The Nigerian music industry has evolved from humble beginnings. It has witnessed a rapid ascendance from ancient cultural songs based on the norms and customs of the people around where the music emanated, to a global multi-billion-naira industry. The industry is largely regulated by the National Broadcasting Commission, National Film and Video Censors Board, and the Copyright Protection laws and other interest bodies. These institutions have statutory roles to review and censure music contents that overstep or collide with cultural, legal, ethical or intellectual property requirements or norms. However, the recent rise in the rate of release and production of lewd, inappropriate and culturally incompatible music contents in the Nigerian music industry have generated calls for a closer review of how regulatory institutions can be strengthened to effectively address the negative impacts of contemporary music on Nigerian laws and norms, especially among youths. This article evaluates the roles of law in regulating the contemporary music industry in Nigeria to ensure coherence and compatibility with ethical, legal and cultural norms. It analyses how current regulatory institutions in Nigeria can be strengthened to effectively discharge their regulatory roles of ensuring the appropriateness of music content for the good of the Nigerian society.

Keywords: Music, appropriate content, videos, lyrics, effects, youths, culture.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.13

* LLB (Benin), BL (Abuja), LLM (Ibadan), Doctoral Candidate (Unilorin), Member (DCON) (Professional Negotiator and Arbitrator). Contact: tobotina@yahoo.com; clarkau@abuad.edu.ng; 08023598075; 07061648378.

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THE DOCTRINE OF PARTY AUTONOMY IN INTERNATIONAL COMMERCIAL ARBITRATION: MYTH OR REALITY?

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Sunday A. Fagbemi*

ABSTRACT

The increased preference for arbitration has buttressed the growing disenchantment for traditional adversary method of litigation. The foundation of every arbitration proceeding is the arbitration agreement. The parties’ agreement constitutes a contract to refer disputes, which have arisen or may arise in future between them to arbitration. The freedom of parties to consensually execute arbitration agreement is known as the principle of party autonomy. The principle provides a right for the parties to international commercial arbitration to choose applicable substantive law and these laws when chosen shall govern the contractual relationship of the parties. However, the pertinent questions have always been: Do parties actually have absolute freedom to determine the arbitration process? To what extent has this been achieved in the resolution of disputes having international concerns? And lastly, is party autonomy a myth or reality? These questions and many others have continued to provoke discussions in many fora on the applicability of party autonomy in international commercial arbitration. To find meaning to the above questions, this article analyses the principle of party autonomy. The ultimate aim of the article is to answer the question whether the practical application of the principle of party autonomy is indeed a myth or reality?

Keywords: Party Autonomy, International Commercial Arbitration.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.10

* LL.B (Hons), LL.M (Ife), BL, Senior Lecturer, Department of Public Law, Faculty of Law, University of Ibadan, Ibadan, Nigeria, telephone: 08034709340; 08101800280, e-mail: sakinfagbemilaw@gmail.com.