Law Commons^™

Taking ‘Third World’ Lives Seriously: Decolonising Global Health Governance To Promote Health Capabilities In The Global South, Uchechukwu Ngwaba

The Transnational Human Rights Review

Behind glib claims of universalism in global health, evidenced by the push for universal health coverage in the Sustainable Development Goals 2030 (SDGs), lies an uncomfortable truth about the unequal, uneven and broken system of the existing framework for global health governance. A situation made more evident by the behaviour of powerful states of the Global North at the height of the Covid-19 pandemic through the hoarding of vaccines, refusal to accommodate waivers to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) regime to allow cheaper versions of the Covid-19 vaccines to be manufactured for the Global South and the …

Sustainable Development Goals And Persons With Disabilities In Education And Employment, Sonia Iyayi Akinyelu

The Transnational Human Rights Review

States under international law have obligations towards all, including persons with disabilities who are recognized as right holders. Moreover, states, especially in the areas of education and employment, are duty-bound to ensure quality education and productive employment for the realization of their human rights. Indeed, the Sustainable Development Goals (SDGs) impose additional obligations on states in achieving full productive employment and quality education for all, including those with disabilities. Therefore, this paper assesses the SDGs related to education and employment for persons with disabilities by considering whether the SDGs fully integrate the human rights standards as well as the disability …

An Examination Of The Framing Of Canada’S Copyright Exclusive Rights And Exceptions From A Human Rights Perspective, Justice Ogoroh, Zachary Lomo

The Transnational Human Rights Review

This paper examines the intersection of the framing of copyright law in Canada from the perspective of human rights. The study seeks to reconcile the rights of creators with public access to content. Asserting that copyright law is not a human right but a means to uphold the inherent human rights of both creators and the public. This study explores the legal instruments that articulate a copyright framework that aims to achieve the reconciliation of the rights of creators and the public. The discussion begins with the roots of copyright in Canada, tracing back to the Statute of Anne, and …

Falling Through The Protection Gaps: Inappropriate Protection Of Climate Displaced Persons In The International Refugee Legal Structure, Nischala Mcdonnell

The Transnational Human Rights Review

The nexus between climate change and forced human mobility is recognised within the international climate legal framework through the vehicle of loss and damage; however, this nexus is absent in international refugee law. Cross-border climate displaced persons have not yet received official legal status nor protection as a consequence of this legal void in international refugee law. This is largely due to two interconnected and unresolved issues: first, definitional controversy in categorising climate-forced cross-border mobility; and second, the high threshold set by Article 1A(2) of the Refugee Convention inclusion requirements to receive international protection. Cross-border climate displaced person claims remain …

Book Review: Litigating Artificial Intelligence By Jesse Beatson, Gerold Chan, And Jill R. Presser, Jake Okechukwu Effoduh

The Transnational Human Rights Review

It is no longer news that artificial intelligence (AI) is being deployed across the board in the legal industry, although the extent of AI use varies by jurisdiction.

Exploring The Multiple Paradoxes And Challenges Of Uganda's Refugee Law, Policies And Practice, J. Oloka-Onyango

The Transnational Human Rights Review

Uganda has garnered considerable international praise for its ‘open-door’ policies on refugees. This is particularly the case against the backdrop of a global context of the growing phenomenon of states constructing physical and metaphorical walls against the phenomenon of migration, whether forced or voluntary. Nevertheless, such praise conceals a much more complex context of opportunistic strategizing, donor politics and regional geopolitical balancing. In sum, what is lauded as ‘progressive’ is much more problematic and nuanced, especially with respect to the issue of local integration (particularly for long-term refugees), voluntary repatriation and the management and funding of refugee support.

Mapping Of Freedom Of Information Requests (Foirs) For The Publication Of Covid-19 Vaccine Supply Contracts, Chiamaka Ojiako, Uchechukwu Ngwaba

The Transnational Human Rights Review

Freedom of Information Requests (FOIRs) provide the window of access to COVID-19 vaccine supply contracts in times of crisis, yet for COVID-19 supply contracts, FOIRs have recorded limited success due to barriers which have either been legal, institutional, political or a combination of all of these. Despite State’s commitment to freedom of information and open contracting at both the national and international level, the urgency to procure vaccines led many countries to prioritize public health goals over protecting the public’s right of access to information. This empirical study examines freedom of information requests related to COVID-19 vaccine supply contracts to …

Getting It Wrong: Applying Public Security Limitation To The East African Community's Right Of Establishment In Kenya, Priscah Wamucii Nyotah, Francis D.P. Situma, Edwin Abuya

The Transnational Human Rights Review

The Right of Establishment (ROE) is one of the rights and freedoms provided for under the East African Community’s Common Market Protocol. Under this right, citizens of East African Community Partner States, namely, Kenya, Uganda, Tanzania, Rwanda, Burundi, South Sudan, and the Democratic Republic of Congo are entitled to move to any other Partner State and pursue economic activities, as self-employed persons. Their spouses and children are also entitled to this right or to be employed. They are also entitled to join the security schemes of the host PS. However, the right is not absolute. A PS can limit the …

Federalism And Constitutional Hyper-Rigidity: A Comparative Analysis Of The Federalist Amendment Mechanisms Within The Australian And United States Constitutions, Amy Buckley

The Transnational Human Rights Review

The amendment mechanisms contained within the Australian and United States Constitutions, being Section 128 and Article V respectively, have many structural similarities. Both amendment mechanisms are purposed towards protecting federalism insofar as they require the achievement of more than just a simple constituent majority before a referendum proposal will succeed. In fact, the entrenchment of the Australian and United States ‘double’ and ‘super’ majority requirements respectively were specifically included as a protection for the federal distribution of power originally mandated within the Constitutions of each. Building upon that framework, if the Australian and American constitutional amendment mechanisms are purposed towards …

Protection Of Victim-Witnesses Of Human Rights Violations In Criminal Prosecutions In Nigeria, Suzzie Onyeka Oyakhire

The Transnational Human Rights Review

The protection of victims of crime and witnesses in criminal trials from intimidation is gradually being recognised in Nigeria as a critical aspect of criminal justice administration. Policing activities leave a record of widespread human rights violations committed by law enforcement and security personnel. Attempts to investigate and prosecute these violations are impeded by acts of intimidation or threats of reprisals against the victim who testifies as a witness in criminal proceedings against the perpetrators. This expository paper brings to the fore the importance of interrogating the issues of protection for victim-witnesses participating in criminal proceedings and ensuring accountability for …

Citizenship Deprivation As An Act Of Persecution: Case Study Of The Assam Citizen Exercise As A Precursor To A Nation-Wide Determination Of Citizenship, Ishita Chakrabarty

The Transnational Human Rights Review

This essay explores the reasons behind describing India’s Citizenship practices (now modified through the Citizenship Amendment Act 2019) as ‘persecutory’. In doing so, the essay refers to the international law on citizenship conferment and withdrawal that has traditionally been viewed as exclusive to a state’s sovereign domain. The essay also looks into the socio-political dynamics, past persecutory conduct exemplified by the Assam-NRC exercise and the lack of protection afforded by those entrusted with the legal duty of conferring and withdrawing citizenship. The essay further uses the Assam-NRC exercise as a case study to claim that there exist well-founded grounds for …

Transformative Constitutions And Constitutionalism : A New Theory And School Of Jurisprudence From The Global South?, Willy Mutunga

The Transnational Human Rights Review

The article seeks to interrogate, historicize, and problematize what transformative constitutions and their attendant constitutionalism/jurisprudence are. Some of the critical elements of transformative constitutions are analyzed as well as the development of the jurisprudence that is emerging from these constitutions. In the quest for an answer to the question posed, which is the title of the article, Kenya is used as a case-study. Kenya has had a transformative constitution since it was promulgated on 27 August 2010. Its core elements/pillars of transformation are highlighted in this article. Kenya’s experience with the implementation of this Constitution, particularly with regard to the …

Implementing Undrip In Canada: Any Role For Corporations?, Basil Ugochukwu

The Transnational Human Rights Review

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) offers guidance on how the rights of indigenous populations could be protected in the context of member states of the United Nations. While the Declaration prescribes what states need to do to effectively realize its objective, question is whether there are expectations on non-state actors such as corporations to contribute towards attaining those objectives. Though on the one hand the UNDRIP is textually not directed at corporations, on the other hand, corporations are routinely implicated in environments where massive violations of indigenous rights have occurred in various regions of …

Book Review: Irini Papanicolopulu, International Law And The Protection Of People At Sea (Oxford: Oxford University Press) 2018, Ramat Tobi Abudu

The Transnational Human Rights Review

No abstract provided.

Opening The Doors To Justice In Africa: Analyzing State Acceptance Of The Right Of Individual Application To The African Court On Human And Peoples' Rights, Simon Zschirnt

The Transnational Human Rights Review

The African Court on Human and Peoples’ Rights took its place as the youngest of the three regional human rights courts with its establishment in 2006. However, the Court’s jurisdiction remains a work in progress. Thirty of the African Union’s fifty-five member states have ratified the protocol allowing the African Commission on Human and Peoples’ Rights to refer cases to the Court but only ten have made the optional declaration allowing individuals direct access. Previous research has indicated that transitional states desirous of “locking in” new commitments to democracy and human rights have been particularly likely to ratify the protocol …

International Accountability In The Implementation Of The Right To Development And The “Wonderful Artificiality” Of Law: An African Perspective, Obiora C. Okafor, Uchechukwu Ngwaba

The Transnational Human Rights Review

The landscape for the implementation of the right to development has undergone significant transformative shifts with the recent establishment of a new expert mechanism on the right to development by the UN Human Rights Council, and the finalisation of a draft treaty on the right to development. Yet, much more can clearly still be done to strengthen UN, state and non-state actors thinking on accountability in the implementation of the right to development, to add to the already considerable progress that has taken place. Our paper explores what can be done, focusing on the African and international context. We conclude …

A Theoretical Framework For The Protection Of Environmental Refugees In International Law, Mathias Sahinkuye

The Transnational Human Rights Review

This article analyzes the reality and the criteria for the legal protection of environmental refugees. Using an interdisciplinary approach, it addresses questions about the existence, nature, universality, justification, and legal status of environmental refugees. Despite the lively debates within the community of experts and scientists specializing in migration and/or environmental issues, there is no consensus today on a definition of the term “environmental refugees” since 1985 when it officially appeared. Several descriptions such as ecological refugees, environmental refugees, climate refugees, eco-refugees, climate évacué, environmental migrants, displaced persons due to a natural disaster, environmentally displaced persons, etc. have been used without …

A Right To Universal Health Coverage In Resource-Constrained Nations? Towards A Blueprint For Better Health Outcomes, Uchechukwu Ngwaba

The Transnational Human Rights Review

Universal health coverage, as conceived by the World Health Organization (WHO) and adopted in the programmatic framework of the Sustainable Development Goals (SDGs), is a clarion call for states to strengthen their health financing systems to avoid catastrophic and impoverishing health spending. However, the framing of the goals of universal health coverage fails to take account of underlying determinants of health and appears to abandon decades of health rights scholarship and jurisprudence. This scholarship and jurisprudence, although not entirely free from disagreements and shortcomings, is argued to offer a better framework for universal health coverage when strengthened with the paradigm …

Economic Wrongs And Social Rights: Analyzing The Impact Of Systemic Corruption On Realization Of Economic And Social Rights In Kenya And The Potential Redress Offered By The Optional Protocol To The International Covenant On Economic, Social Rights And Cultural Rights, Caroline Omari Lichuma

The Transnational Human Rights Review

No abstract provided.

Deprivation Of Nationality As A Counter-Terrorism Tool: A Comparative Analysis Of Canadian And Dutch Legislation, Tom Boekestein

The Transnational Human Rights Review

No abstract provided.

In Search Of Accountability: A Critical (If Preliminary) Assessment Of The Literature On Canadian-Nigerian Engagements On The Immunities Of State Officials For Human Rights Violations, Udoka Ndidiamaka Owie

The Transnational Human Rights Review

The trials of German and Japanese state officials following the end of World War II at the International Military Tribunals in Nuremberg and Tokyo along with treaty obligations undertaken by states since at least the establishment of the United Nations, have together given rise to the question of whether states and their officials are entitled to immunity for violations of human rights. This question was highlighted by the case against Pinochet Ugarte of Chile, which came more recently before the United Kingdom House of Lords. The case propelled the immunity of state officials into the limelight of judicial and academic …

Towards Justiciability Of Economic, Social, And Cultural Rights In Nigeria: A Role For Canadian-Nigerian Cooperation?, Halima Doma Kutigi

The Transnational Human Rights Review

On the broad level, this article discusses ESC rights in Nigeria in the context of the international human rights architecture, and in the context of the reality and play of global affairs. In these contexts, bilateral as well as other international agreements maintain a vital role in fostering transnational cooperation in the field of human rights. It is within this framework that Canadian-Nigerian engagement in the fulfilment of ESC rights is considered. The article also considers the theoretical aspects of ESC rights juxtaposed against CP rights, thereby expounding interdependence of these categories of rights. In the course of the discussion, …

Canada-Botswana Human Rights Engagements: A Critical Assessment Of The Literature And A Research Agenda, Bonolo Ramadi Dinokopila

The Transnational Human Rights Review

This article discusses the past and present of Canada-Botswana human rights engagements, offering an insight into their nature and significance. The article highlights that despite the absence of strong diplomatic ties between the two countries, there nonetheless have been significant human rights engagements. The engagements, though not entirely systematic or clearly defined in their focus, have certainly improved the human rights situation in Botswana. It is also noted that the sustainability of these engagements is questionable considering that the weak ties between the two countries have resulted in reduced Canadian funding to Botswana. In the end, the article emphasizes that …

Canadian-Anglophone African Human Rights Engagement: A Critical Assessment Of The Literature On Health Rights, Uchechukwu Ngwaba

The Transnational Human Rights Review

Contrary to common expectations, the engagement between Canada and Anglophone African countries on the issue of health rights has not been a “one-way-street” whereby Canada is the “giver” and Anglophone African countries are the “takers” of health benefits. This article, which undertakes a preliminary and critical assessment of the literature documenting this engagement, finds that both Canada and Anglophone African countries have mutually benefitted from their engagement in the area of health rights. These benefits have taken the form of Canada’s financial and technical contributions to various initiatives that seek to improve the availability and accessibility of health-related goods and …

Background: Towards A Critical Assessment Of Canadian-Nigerian Bilateral Relations, Olabisi Akinkugbe

The Transnational Human Rights Review

Although the diplomatic relations between Canada and Nigeria is almost six decades old, the nature of this bilateral relationship has not been the subject of rigorous academic research. While a recent body of research by international relations scholars has taken up the broad critical study of Canadian-African relations, a significant gap exists with respect to studies that focus on the context of Canada’s engagement with individual African countries. Against this background, this paper briefly examines the bilateral trade and investment engagements between Nigeria and Canada. The modest aim is to highlight the existing framework that guides the relations of both …

Canadian-Zambian Human Rights Engagements: A Critical Assessment Of The Literature And Research Agenda, Misozi Lwatula

The Transnational Human Rights Review

Canada’s engagements with African states with regards to human rights began about five decades ago, and different countries in Africa have since benefited from such engagements. With Zambia specifically, such engagements have mainly centered along human rights issues. Recently, Canada has heavily invested in Zambia’s mining sector. This article explores Canada’s human rights engagements with Zambia. The article first reviews the economic performance of Zambia since its independence and the effect that this has had on the country. The article then looks at Canadian engagements with Zambia in terms of health, women’s rights, refugees’ rights and mining. It acknowledges that …

Canadian-African Human Rights Engagements –A Literature Review And An Agenda For Future Research: An Introduction, Obiora Chinedu Okafor

The Transnational Human Rights Review

No abstract provided.

Human Rights Discourses In Nigeria Across Time: Trajectory, Successes And Potentials For Canadian-Nigerian Engagement, Solomon Ukhuegbe

The Transnational Human Rights Review

:

Canada has, for decades, been actively involved in funding and providing support for the development of legal and political institutions and rights advocacy activities in Nigeria. A careful documentation and assessment of this support will likely show that its impact has been significant and perhaps critical in some areas. This article, however, considers a different form of engagement, or rather, a possible engagement. Although Canada’s human rights jurisprudence, especially the Charter of Rights case law, is highly regarded the world over, its influence on Nigerian courts has been limited. Yet, there is a great opportunity for meaningful engagement here, …

Assessing Universalism And The Rhetoric Of Development Assistance In Human Rights Research: Canadian-Ghanaian Human Rights Engagements, Sylvia Bawa

The Transnational Human Rights Review

This article is a contribution to the question of how Canada engages human rights in Ghana and Anglophone sub-Saharan Africa in general. In order to critically assess human rights engagement between Ghana and Canada, I situate the discussion within the broader global human rights milieu to deconstruct the myriad ways in which power dynamics in the global arena shape human rights practice and discourse. Using the rights concerns of women and minorities in Ghana as an entry point, I discuss the interconnected nature of first- and second-generation rights and cultural relativism in universal rights discourses. This discussion aims to propose …

Canadian-Tanzanian Human Rights Engagements: A Critical Assessment Of The Literature And A Research Agenda, Julena Jumbe Gabagambi

The Transnational Human Rights Review

This article examines the historical background of human rights in Tanzania and the ways in which Canada has been engaging with Tanzania on the improvement of human rights. In the past, Tanzania was ruled by colonial powers, for which respect for human rights was never a priority. Having attained independence in 1961, however, the country did not adequately respect human rights. This is in part due to the argument that, if the British themselves did not practice it, then independent Tanzania should not be forced to. Furthermore, the introduction of human rights at the time held the potential to paralyze …