Law Commons^™

Projected Impact Of Global Warming On West Africa: Case For Regional And Transnational Adaptive Measures, Nwabueze Dozie Ezeife

Annual Survey of International & Comparative Law

This paper explores the concept of Global Warming, the science behind it and signs of it in the region of West Africa. Then it attempts a look at how the countries of West Africa plan for life in a dramatically warmed world. It will conclude by making a case for Regional and Transnational Adaptation measures to cope with an increasingly warming and vulnerable world.

The paper is based on a review of research projects, abstracts of international conferences, regional and international literature on climate change and policies, draft strategies, policies and action plans developed by countries of the region, as …

Child Soldiers And Peace Agreements, Rose Mukhar

Annual Survey of International & Comparative Law

This paper will explore and analyze the relationship between child soldiers and peace processes. It will address the protections offered – or lack thereof – by human rights and international humanitarian law to child soldiers in armed conflicts. In particular, the conflict in the Democratic Republic of the Congo (“DRC”) is specifically addressed because the DRC conflict from 1996 to 2002 can most likely be classified as a non-international armed conflict – which is what most of today’s conflicts are deemed; also because the numerous peace treaties from this time frame primarily failed to provide a lasting peace in the …

Arbitration Of Islamic Financial Disputes, Dr. Aida Maita

Annual Survey of International & Comparative Law

Using arbitration as a means of resolving Islamic finance disputes is gaining popularity in the Middle East, as well as in other Muslim States in South-East Asia and Africa. This is evident in the number of studies and articles that have been presented on this subject by Islamic finance experts and the legal community at large. Major arbitration institutions in the region are also positioning themselves to cater to this industry’s growing demand for dispute resolutions because many of these disputes tend to be of high profile and value. While the industry historically has preferred litigation over adjudication, and non-Islamic …

Climate Change And Nigeria’S Sustainable Development Of Vision 20-2020, Dr. S. Gozie Ogbodo, Dr. Ngozi F. Stewart

Annual Survey of International & Comparative Law

Nigeria’s current development vision is to become one of the fastest developing economies in the world by the year 2020. Unfortunately, Nigeria flares an estimated 2.5 million cubic feet of gas each day which amounts to almost 40 percent of the total gas consumed in Africa. Thus, the country is one of the leading emitters of carbon dioxide, a veritable source of climate change. This paper will argue that the negative consequences of climate change are inimical to Nigeria’s sustainable development. Further, the paper will fault the sincerity of the vision and assert that the leadership of the country owes …

The Missing Peace: International Law Of Intrastate Relations, Dr. Michael Van Walt Van Praag

Annual Survey of International & Comparative Law

Keynote address to the 23rd Annual Fulbright Symposium,

Cite as: 20 Annl. Survey Int'l. Comp. L. 1 (2014).

Foreward, Jon H. Sylvester

Annual Survey of International & Comparative Law

No abstract provided.

Editorial, Christian N. Okeke

Annual Survey of International & Comparative Law

No abstract provided.

Table Of Contents

Annual Survey of International & Comparative Law

No abstract provided.

Masthead

Annual Survey of International & Comparative Law

No abstract provided.

Transfer Of Interest After Pendency – A Comparative Analysis Of The Solutions Adopted By The American And German Civil Procedure Systems, Madeleine Tolani

Annual Survey of International & Comparative Law

This paper deals with the problem of the transfer of interest in the context of litigation, which occurs with reasonable frequency in commercial law. The transfer of interest after pendency arises when a litigant assigns his rights or obligations to a third party while the action is pending. This is illustrated by the following short example: A – the owner of some jewelry – brings a suit against B, claiming the restitution of the jewelry, which he lent to B. During the lawsuit, B sells the jewelry to C and tells him about the pending lawsuit, and that A had …

Taming The Beast: How The International Legal Regime Creates And Contains Flags Of Convenience, Eric Powell

Annual Survey of International & Comparative Law

Centuries-old maritime jurisprudence continues to guide the law of the sea today. These baseline understandings are necessary to maintain order of the largest international commons, the sea. The seas’ central role in globalization, though, strains some of this established law. In particular, the question of jurisdiction has become increasingly complex as ships regularly ply every ocean and visit ports in dozens of countries. Many of these ships are actually subject to the exclusive jurisdiction of States with which they have no connection and which have limited incentives to regulate. This paper explores how this jurisdictional non sequitur arose, and when …

Environmental Abuses In Nigeria: Implications For Reproductive Health, Violet Aigbokhaevbo, Nkoli Aniekwu

Annual Survey of International & Comparative Law

The prevalence of abusive environmental practices in Nigeria and the impunity with which they are perpetuated has generated increased concern globally and among the populace. Reproductive health and environmental health are intertwined. There has been increased concern about the adverse impact of environmental contaminants on fertility and reproduction. For example, epidemiological studies indicate that environmental exposure to endocrine disrupting chemicals is associated with human diseases and disabilities. Such exposure to environmental contaminants can be through air, water, land, and the workplace. In Nigeria, infant and maternal health prospects are still shrouded in controversy due to the unreliability of data and …

From Mountains To Molehills: A Comparative Analysis Of Drug Policy, Brian A. Ford

Annual Survey of International & Comparative Law

This paper examines the debate surrounding the trend of global movements away from prohibition and towards a harms reduction approach to drug policy. This paper reviews the prohibitionist model that is, by and large, the global status quo of how countries deal with drugs. Under the prohibitionist approach, governments criminally ban the production, trafficking, sale, possession, and use of drugs in an effort to directly combat the harms associated with drugs. Section I of this paper presents the prohibitionist approach as the international status quo and examines the effects and failures of that approach. Section II examines a variety of …

The Place Of Treaties In International Investment, Eustace Chikere Azubuike

Annual Survey of International & Comparative Law

This paper is divided into seven parts. Part 1 traces the history of foreign investment treaties and provides the factors that led to the emergence of the current investment regime. Part 2 discusses the significance of treaties in the vexed question of whether or not there is a hierarchy of international law sources. Part 3 examines treaty-making in the current international investment regime – visiting the argument about whether or not the provisions of investment treaties have ripened into customary international law, highlighting the dominance of bilateral investment treaties over multilateral investment treaties, offering explanation for the near absence of …

A Holistic Approach To The Conflict Of Israel And Palestine: Where We Are Now And Where We Can Go, Oraneet Shikmah Orevi

Annual Survey of International & Comparative Law

The Israeli-Palestinian conflict has spanned over six decades, resulting in brutal deaths of civilians, assassinations of political figures, and casualties of countless soldiers on both sides. Dominant discourse on the conflict focuses largely on the prevalence of violence and State-figures’ failure to properly address the issue. This paper will take a different approach by exploring the legality under International Law of the continual expansion of Israeli settlements in the West Bank and by illuminating the peacebuilding efforts of grassroots organizations focused on education, uniting communities, and engaging international actors. A discussion of the history is important not only to inform …

A Comparative Analysis Of Judicial Councils In The Reform Of Judicial Appointments Between Kenya And England, Njeri Thuki

Annual Survey of International & Comparative Law

In this paper, I focus on the selection of judicial officers using judicial commissions. These judicial commissions are also referred to as “judicial councils” or “merit commissions,” so for the purposes of this study, these three terms are synonymous. This paper focuses on Kenya and England because they have taken similar paths to judicial reform. For example, they both added an extra tier to the hierarchical structure and therefore both have a Supreme Court. They both have robust judicial commissions that have changed the selection of judicial officers. However, the judicial commission in Kenya, known as the Judicial Service Commission …

Terrorism And International Law: Cure The Underlying Problem, Not Just The Symptom, Sir Arnold K. Amet

Annual Survey of International & Comparative Law

Terrorist activities are not of recent origin on the international plane. They have been around since the beginning of humanity. Although international law may not be accused of addressing the issue of terrorism with levity, it was after the 9/11 terrorist attacks on the United States that the international community’s efforts toward fighting terrorism garnered more strength and attention.

The debatable critical question is whether terrorism under international law should be studied and treated as a specific subject in developing the legal norms and principles for its fight and regulation, or whether terrorism should be fought and regulated based on …

Foreword, Jon H. Sylvester

Annual Survey of International & Comparative Law

No abstract provided.

“Sed Quis Custodiet Ipsos Custodies?” (But Who Will Guard The Guardians?) The Case For Elevating Official Corruption To The Status Of A Crime In Positive International Law, Ndiva Koefele-Kale

Annual Survey of International & Comparative Law

Keynote Address to the 22nd Annual Fulbright Symposium - Confronting Complexity in International Law.

Cite as: 19 Annl. Survey Int'l. Comp. L. 1 (2013).

Editorial, Christian N. Okeke

Annual Survey of International & Comparative Law

No abstract provided.

Table Of Contents

Annual Survey of International & Comparative Law

No abstract provided.

Masthead

Annual Survey of International & Comparative Law

No abstract provided.

(Do) We Need A European Civil Code (?), David Schmid

Annual Survey of International & Comparative Law

The paper will first explain the historical developments that may one day support a European Civil Code. Next, it will examine other options available to reach the goal of unification and will then give an overview of the problems concerning the competence of the European Union for a European Civil Code. Arguments for both the critics and the supporters of the implementation of such a Code will be examined. Finally, this paper will try to develop options for further proceedings and will end with a conclusion of the findings.

Cite as: 18 Annl. Survey Int'l. Comp. L. 263 (2012).

China In Africa And The Law, Salvatore Mancuso

Annual Survey of International & Comparative Law

This paper is based on the enormous amount of Chinese investments in Africa, with the objective of considering the legal aspects involved therein. Under international business law, commercial relations are usually ruled according to the law of the country hosting the investment.

This paper will examine the challenges presented by Chinese investments in Africa given that the systems of business law in Africa are generally out of date and enforcement mechanisms under Western rule of law standards are often far from the reality. This observation is accompanied by the fact that there is presently a wide movement towards legal integration …

Corruption And Bribery In Islamic Law: Are Islamic Ideals Being Met In Practice?, Mohamed A. Arafa

Annual Survey of International & Comparative Law

Islam looks to a significant degree to moral development within the individual to strengthen resolve and foster self-restraint. The focus is upon shaping the higher-order preferences elaborated in the Qur’an and the Sunnah through the law of Sharie‘a, reinforced by a powerful spiritual incentive system. Both legal systems—domestic and international—can learn from the Islamic legal system. To get a better understanding of this law, Part I will present a brief survey of Islamic law and Fiqh (“Islamic Jurisprudence”), sources of this law, the famous Islamic schools of jurisprudence (“Fiqh Al-Mazaheb/madhhabs”), and then an overview of the fundamental legal principles in …

The Saudi Securities Law: Regulation Of The Tadawul Stock Market, Issuers, And Securities Professionals Under The Saudi Capital Market Law Of 2003, Gouda, Bushra Ali Gouda

Annual Survey of International & Comparative Law

On July 31, 2003, the late King Fahd of Saudi Arabia issued Royal Decree number M/3, officially announcing the constitutive law of the securities industry, the Capital Market Law, and leading the Saudi Kingdom into new territory: capital market regulation. For Saudi businessmen, as well as many attorneys, the question “what are securities laws?” is a fair one. Securities laws are the body of rules that regulate certain subjects and issues pertinent to trade in securities, such as the registration and listing of companies in the stock market, securities professionals, the operation of the securities markets, the regulation of investment …

An Overview Of The Challenges Facing The International Court Of Justice In The 21st Century, S. Gozie Ogbodo

Annual Survey of International & Comparative Law

The effectiveness of the International Court of Justice (ICJ) is critical for global survival and progress in the 21st century. Unfortunately, after over six decades in existence, the Court’s influence is declining. This work argues that to revitalize the influence and effectiveness of the Court, some vital reforms must be undertaken in the ICJ system. These reforms must address: (1) the process of election and re-election of ICJ judges; (2) the conflict of interest arising from the presence of permanent members of the United Nations Security Council on the Court; (3) the issue of the Court’s compulsory jurisdiction; and (4) …

Impediments To Human Rights Protection In Nigeria, Jacob Abiodun Dada

Annual Survey of International & Comparative Law

The promotion and protection of human rights have engaged the attention of the world community, and though the African country of Nigeria has subscribed to major international human rights instruments, violations continue to occur with disturbing frequency and regularity in that nation. Why is this so? This article examines the multifarious and multidimensional impediments which have hamstrung meaningful enjoyment of human rights in Nigeria. It points out the shortcomings of the dualist model under the Nigerian Constitution and stresses the objectionable wide amplitude of the derogation clauses. It also makes suggestions for reform.

Cite as: 18 Annl. Survey Int'l. Comp. …

Corrective Rape In South Africa: A Continuing Plight Despite An International Human Rights Repsonse, Roderick Brown

Annual Survey of International & Comparative Law

First, this paper will discuss the historical and societal basis for corrective rape, then, its scope and presence globally. Subsequently, the paper will introduce the laws and policies that should address the problem of corrective rape, and how the South African state and citizens violate them, including, first, the international human rights framework that existed before corrective rape came into the spotlight; then, it will address the recent developments that were instituted in response to violations of LGBTI rights globally. Finally, the paper will provide specific laws and policies that should be implemented in order to provide effective and durable …

Creating Capital From Culture - Re-Thinking The Provisions On Expressions Of Folklore In Ghana's Copyright Law, Gertrude Torkornoo

Annual Survey of International & Comparative Law

This paper examines three tensions created by the manner in which Ghana’s TCEs are regulated under the Copyright Act. The first tension is the divergence between the context of private rights and communally created works. While one of the fundamental principles of copyright law is to reward specific and identifiable sources of creativity, Act 690 grants copyright in communally created art. There is also divergence between the usual designated duration of copyright and the antiquated nature of most expressions of folklore, including kente and adinkra expressions.

The second tension arises from the fact that the placement of copyright in Ghana’s …