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Full-Text Articles in Law

Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune Aug 2016

Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune

Annual Survey of International & Comparative Law

The principal purpose of this paper is to discuss the legal aspects of the global efforts to ban and eliminate landmines. In doing this, it is considered necessary to explain what landmines are; the nature and extent of security, social and environmental problems posed by landmines; the history and development of the international campaign to adopt a treaty banning landmines; and efforts made, and still being made, to implement that treaty. In these discussions, Nigeria will be used as a case study.


Border Tax Adjustments And Developing Countries: A Perspective From China, Shufan Sung Aug 2016

Border Tax Adjustments And Developing Countries: A Perspective From China, Shufan Sung

Annual Survey of International & Comparative Law

It is no hyperbole to say that climate change is one of the most urgent crises all humans face together. Among the many ways that governments have attempted to curb carbon emissions, border tax adjustments (BTAs) have majorly aimed to restore the competitiveness of developed countries with more stringent carbon control policies. This article carefully examines the proposal under the tests of international environmental laws to evaluate the implications of BTAs in international legal system. The article argues that the imposition of BTAs will be inconsistent with set principles of the common but differentiated responsibility (CBDR), sustainable development and polluter …


Pension Trust Investment In Nigeria – Celebrating The Sea Change Wrought By The Pension Reform Act, Larry O.C. Chukwu Aug 2016

Pension Trust Investment In Nigeria – Celebrating The Sea Change Wrought By The Pension Reform Act, Larry O.C. Chukwu

Annual Survey of International & Comparative Law

This work surveys the modalities for pension trust investment in Nigeria, which has only recently been favoured with a distinct legal framework. It gives a brief historical account of pension administration in Nigeria, identifies the policy and philosophical underpinnings of the new pension regime, expounds the relevant provisions of the Pension Reform Act 2014 together with the Regulation on Investment of Pension Fund Assets, and concludes with a critique of the Act and recommendations. Pertinent comparison is made between the provisions of the new legislation and extant Trustee Investments Act (which hitherto governed pension trust investments) with a view to …


Twenty Years Of Trips, Twenty Years Of Debate: The Extension Of High Level Protection Of Geographical Indications – Arguments, State Of Negotiations And Prospects, Friederike Frantz Aug 2016

Twenty Years Of Trips, Twenty Years Of Debate: The Extension Of High Level Protection Of Geographical Indications – Arguments, State Of Negotiations And Prospects, Friederike Frantz

Annual Survey of International & Comparative Law

This paper illustrates the current protection of Geographical Indications (GIs) in TRIPS, the arguments of the parties for and against the high level protection extension and the state of negotiations, with a focus on the European Union (EU) and the U.S. as major advocates for each side of the discussion. The paper examines the prospects of a potential agreement in the extension debate within the WTO and looks at the influence of free trade agreements on the GI extension issue.


Public Regulation Of The Oil And Gas Industry In Nigeria: An Evaluation, Eghosa Osa Ekhator Aug 2016

Public Regulation Of The Oil And Gas Industry In Nigeria: An Evaluation, Eghosa Osa Ekhator

Annual Survey of International & Comparative Law

Nigeria operates a command and control regulatory framework in the oil and gas sector. This type of regulation was prevalent in the United States and Britain during the 1970s and 1980s. Under this regulatory framework, regulators are deemed to be acting in the public interest. This article focuses on the extant public regulatory regime in the oil and gas sector in Nigeria. Generally, factors, such as red-tape, over-regulation and regulatory capture, amongst others, are some reasons militating against a command and control regulatory regime. This article will contend that unless there is a paradigmatic shift in the state-oriented or public …


Hybrid Legal Approaches Towards Climate Change: Concepts, Mechanisms And Implementation, Cosmin Corendea Aug 2016

Hybrid Legal Approaches Towards Climate Change: Concepts, Mechanisms And Implementation, Cosmin Corendea

Annual Survey of International & Comparative Law

No abstract provided.


The Effectiveness Of International Law: Torture And Counterterrorism, Ogechi Joy Anwukah Aug 2016

The Effectiveness Of International Law: Torture And Counterterrorism, Ogechi Joy Anwukah

Annual Survey of International & Comparative Law

This paper sets out to address the following question: to what extent has international law effectively curtailed the practice of torture in a democratic society within the context of the ‘war against terror’? This paper will first provide an overview of the current regime of international law prohibiting torture. Next, this paper will discuss the absolute ban on torture and violations that have occurred in the name of the ‘war against terror.’ This paper will then address the consequences of the use of torture as a counterterrorism measure. Finally, this paper will critically analyze the effectiveness of international law on …


Editorial, Christian N. Okeke Aug 2016

Editorial, Christian N. Okeke

Annual Survey of International & Comparative Law

No abstract provided.


Table Of Contents Aug 2016

Table Of Contents

Annual Survey of International & Comparative Law

No abstract provided.


Masthead Aug 2016

Masthead

Annual Survey of International & Comparative Law

No abstract provided.