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Annual Survey of International & Comparative Law
Number of Followers: 13  Open Access journalISSN (Print) 1932-2364 Published by Golden Gate University School of Law  [3 journals]
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- Abortion Laws in Nigeria: A Case for Reform
Authors: P. Chibueze Okorie et al.
Abstract: The available statistics indicate that over 1,000,000 abortions occur in Nigeria annually, representing about 33 abortions per 1,000 women of child bearing age. It has also been asserted that illegal abortion is responsible for about 11% of maternal death in Nigeria and 50% of such deaths involve adolescents and young women. Although, it may be difficult to confirm these reports and statistics by different researchers, mainly because of the absence of official figures owing to the clandestine nature of abortion in Nigeria, there is no doubt that abortions are generally procured by women for various reasons, namely: financial and emotional inability to care for a baby; fear of rejection by partners, parents, peer groups, religious and community leaders and society if the pregnancy is discovered; as means of birth control; physical and mental reasons; if they are too young or too sick to have a baby; desire to get rid of unwanted pregnancies arising from several reasons including rape or failure of contraception, etc. Unfortunately, the state of the law on abortion in Nigeria has failed to recognize these realities thereby unwittingly encouraging illegal abortions with the attendant consequences. This paper examines the state of the law on abortion in Nigeria in comparison with other jurisdictions with a view to demonstrating that the Nigerian law is archaic and in dire need of reform.
PubDate: Thu, 19 Dec 2019 09:49:21 PST
- Imperatives of Corporate Governance On Corporate Citizenship in Nigeria
Authors: Professor Dr. S. Gozie Ogbodo et al.
Abstract: This paper seeks to examine and interrogate the conceptual ideas and frameworks of corporate governance; its relationship and relevance to corporate citizenship and the elements that describe what is meant by corporate citizenship. Various perspectives of the role which corporate governance plays as a major influence on corporate citizenship and corporate social responsibility were clearly shown. Also shown is the meaning which is ascribed to corporate governance, its core principles, the rhetoric and realities concerning the effect of a corporation’s pursuit of power and profit on corporate citizenship, legal and social responsibilities and the significant paradigm shift. Situating the concept of corporate governance with corporate citizenship shows an interrelationship between the former and the latter. Consequently, this paper revealed that in the long run the market mechanism should be able to provide additional resources to those companies which are best at maximizing and adhering to the principles of corporate governance for the promotion of good corporate citizenship.
PubDate: Thu, 19 Dec 2019 09:49:18 PST
- A New Era in the Application of U.S. Securities Law Abroad: Valuing the
Presumption Against Extraterritoriality and Managing the Future with the
Sustainable- Domestic-Integrity Standard
Authors: Alina Veneziano
Abstract: The U.S. Supreme Court in Morrison held that Section 10(b) of the Exchange Act did not apply extraterritorially, lacking a clear indication by Congress of the intent to do so. In reaching this conclusion, it clarified that the reach of Section 10(b) is a merits question, not a question of subject matter jurisdiction and stated that the focus of the statute was upon purchases and sales of securities in the United States while articulating a bright-line transactional test to determine whether extraterritorial application was appropriate. The transactional test completely rejected the conduct/effects tests, which had been used by courts for over four decades. It is now the location of transaction, not the location of the fraudulent conduct or its harmful effects, that supports a claim in post-Morrison cases.One month later, Congress responded to Morrison and drafted Section 929P(b) of the Dodd-Frank Act, which aimed to codify the conduct/effects tests in proceedings brought by the SEC/ DOJ. The legislation was drafted in jurisdictional language, resulting in confusion over whether this enactment had any effect since Morrison concluded that courts already have jurisdiction over violations under the Exchange Act and that a clear indication by Congress of extraterritorial application was needed, none of which Dodd-Frank demonstrated.The solution would be to amend the statute to include a clear indication of congressional intent to apply Section 10(b) extraterritorially. But even if congressional intent was clear, does the jurisdictional wording of 929P(b) render that intent meaningless' Absolutely. The intent has no effect since a jurisdictional statute can do no more than confer jurisdiction. It appears the solution would be not only to address the congressional intent but also to redraft the language of the statute to geographically reach the substance of the transaction. But what would we be left with' – the conduct/effects tests that have been urged as unpredictable, poorly formulated, arbitrary, and confusing. Thus, the optimal solution is a statutory amendment to 929P(b) that includes a clear indication and an alternative standard.This study promotes a new approach, a reformulated standard for determining the extraterritoriality of U.S. federal securities laws: the sustainable-domestic-integrity standard. This standard will (1) substantively reach the antifraud provisions of the Exchange Act; (2) guide courts with a clear indication of congressional intent; (3) provide a private cause of action for U.S. claimants; and (4) vest the SEC/DOJ with the responsibility of initiating enforcement proceedings against any defendant (domestic or foreign) with conduct/effects in the United States for injury reasonable likely upon U.S. investors, U.S. capital markets, or the integrity of the territory of the United States. This approach serves to preserve international comity and promote global cooperation in securities regulation.
PubDate: Thu, 19 Dec 2019 09:49:16 PST
- International Standards for Protection of Religious Freedom
Authors: Anthony Peirson Xavier Bothwell
Abstract: The Universal Declaration of Human Rights, inspired by the “four freedoms” articulated by Franklin D. Roosevelt, proclaims but does not define the religious liberty that is the birthright of all people. Four centuries ago, when few people were free, religious ideas fostered the development of some of the fundamental principles of the law of nations. As international law has matured, increasingly it has recognized the right of individuals and groups to pursue their own religions and beliefs. The United Nations system has generated an array of international conventions, covenants, and resolutions which today articulate the rights of adherents to all sects and no sect. Religious freedom – sometimes used as shorthand for freedom of religion, belief, and conscience, is spelled out in the International Covenant on Civil and Political Rights, the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, and other progeny of the U.N. Charter. Regional level agreements have addressed religious rights, but regional tribunals such as the European Court of Human Rights have not been as discerning as they should be in dealing with cases involving headscarves, missionaries and other issues. The United States, despite its strong constitutional tradition and generally good enforcement of First Amendment rights, has not consistently interpreted freedom of religion in a manner conformance with international standards. For decades the Supreme Court and Congress went back and forth on trying to arrive at a formula on protection of religious minorities adversely affected by facially neutral laws. President Trump’s actions against immigrants and visitors from Muslim countries are a tragic departure from the values that were espoused by the American leaders since the founding of the Republic.
PubDate: Thu, 19 Dec 2019 09:49:13 PST
- Assessment of the Role of the Nigerian Police Force in the Promotion and
Protection of Human Rights in Nigeria
Authors: Dr. Ndubuisi J. Madubuike-Ekwe et al.
Abstract: This article examines the role of the Nigerian Police Force in the promotion and protection of human rights in Nigeria. It discusses the concept of human rights under international and domestic law. It highlights the powers of the Nigerian Police Force under the Police Act and the Administration of Criminal Justice Act, 2015 and observes that although the police use discretion to support human rights, it is the abuse of the discretion and power that results in violation of human rights of citizens. This article identifies the rights most subjected to abuse by the police as the right to life, dignity of the human person, liberty, fair hearing, privacy and family life and analyzes some of the factors responsible for the ineffective performance of the police. As a result, the paper recommends a number of legal and institutional reforms to make the police force more effective in their duties and in the protection and promotion of the human rights of citizens. The article concludes, however, that the government should overhaul the entire police structure in Nigeria by implementing a community policing strategy across the country.
PubDate: Thu, 19 Dec 2019 09:49:10 PST
- Involuntary Dissolution: Theory and Operation in Publicly Traded
Corporations
Authors: Dr. Murat Can Pehlivanoglu
Abstract: Involuntary dissolution is recognized as the primary mechanism to monitor opportunism and remedy the aggrieved minority shareholders of corporations. Contrary to general understanding, involuntary dissolution is not idiosyncratic to close corporations. However, its application to publicly traded corporations requires an approach different than the one for close corporations. This note discusses and recommends the approach necessary to justify and effectively enforce involuntary dissolution statutes’ application in the context of publicly traded corporations. It expresses the opinion that the contractual view of corporate law would provide the theoretical basis necessary to construe the statute for publicly traded corporations and exemplifies its approach through the shareholder oppression law of the U.S. corporate law.
PubDate: Thu, 19 Dec 2019 09:49:07 PST
- Combating Domestic Violence in Bangladesh: Law, Policy and Other Relevant
Considerations
Authors: Dr. Zakia Afrin
Abstract: In 2011, an incident involving Professor Rumana Manzur of Dhaka University brought the topic of domestic violence in Bangladesh into main stream discussions. Professor Manzur’s husband of ten years, Hasan Syeed Sumon, had tried to gauge out both of her eyes by using his fingers, bit her nose and left her severely injured while they fought in her father’s residence in Dhaka. This incident shocked the whole country as well as diasporas abroad and forced the society to address the legal and societal loopholes to effectively combat this issue. Bangladesh has displayed an understanding of and respect for women’s rights in Bangladeshi society. Since the 1980s, the country has enacted special laws protecting women against violence. It has been led by female heads of state since 1991, over 25 years, and has made significant progress in terms of gender development. Despite this understanding, most of the comments in news outlets raised questions about Professor Manzur’s infidelity within her marriage as if to investigate ‘whether she deserved it’. This incident broke at least two conventional attitudes towards domestic violence: society became aware of the fact that it can happen to the most privileged and the highest educated women and learned that popular sentiments have not caught up with the law over many issues. For Bangladesh, the problem of domestic violence thus needs a two-prone response: legal enforcement and a community wide awareness campaign.This article analyzes the Domestic Violence Prevention and Protection Act of 2010 and recommends a holistic approach in eradicating domestic violence in Bangladesh. This article will first review domestic violence legislation under international law. Next, this article will review domestic violence legislation in Bangladesh, focusing on the Domestic Violence Prevention and Protection Act of 2010. Finally, this article will offer recommendations on combating the issue of domestic violence and furthering women’s rights in Bangladesh.
PubDate: Thu, 18 Jan 2018 11:09:01 PST
- Human Rights Abuse and Violations in Nigeria: A Case Study of the
Oil-Producing Communities in the Niger Delta Region
Authors: Dr. Ifeanyi I. Onwuazombe
Abstract: Human rights abuses and violations in Nigeria in general and in the oilproducing communities in particular cut across the entire spectrum of rights. The abuses come in different forms and could be direct or indirect. The inhabitants of the Niger Delta region are subjected to regular rights abuses and violations by the state security agents and the oil corporations. The perpetrators of rights violations are hardly or never held accountable or brought to justice due to the myriad of problems besetting the judicial institutions. Besides, there is an apparent lack of trust and confidence in the courts and general apathy towards the judicial processes amongst Nigerians as the civil remedies in law are rarely enforced. Furthermore, the criminal justice system and the judiciary, generally perceived as dysfunctional, are ineffective in bringing security personnel and corporations involved in crimes and violation of rights to justice due to systemic and institutional corruption, lack of independence of the judiciary, political interference, and so on.Some of the rights typically violated in the oil-producing communities include the right to life, the right to health, the right to freedom from discrimination, the right to freedom of association and peaceful assembly, the right to equal protection of the law, right to the dignity of human person, right to work, means of livelihood or employment and the right to development.
PubDate: Thu, 18 Jan 2018 11:08:57 PST
- Theoretical Underpinnings of Trust Investment Law: Juxtaposing Nigerian
Law with Current Trends in Other Common Law Jurisdictions
Authors: Dr. Larry O.C. Chukwu
Abstract: Over the centuries, common law jurists and scholars have propounded theories and principles which underpin the conduct of the investment duty of trustees. This article offers a comparative analysis of the theoretical underpinnings of trust investment law as applicable in Nigeria vis-a-vis the current trends in other jurisdictions. It concludes that the Nigerian law is hopelessly lagging behind and proffers recommendations for reform.
PubDate: Thu, 18 Jan 2018 11:08:54 PST
- Accountability of International NGOs: Human Rights Violations in
Healthcare Provision in Developing Countries and the Effectiveness of
Current Measures
Authors: Sharmeen Ahmed
Abstract: In recent years, the number of non-governmental organizations (NGOs) working in the international arena has vastly increased, generally making a positive impact. But, as this influence has deepened, governments in the developing world and scholars have scrutinized the work and accountability of NGOs given they are mostly independent and not subjected to international law. While NGOs must adhere to the domestic laws of the places within which they work, adherence is dependent upon the strength of enforcement of those laws. Proponents argue that this independence is essential for NGOs to effectively carry out their work. However, a review of healthcare programs funded by the Bill & Melinda Gates Foundation (Gates Foundation) calls into question current accountability measures of NGOs in the healthcare sector and can shine a light on weaknesses and potential areas of improvement in the current accountability regime for NGOs.The shortcomings of the current accountability regime for NGOs must be addressed in two critical areas: monitoring projects and monitoring potential influences and exploitation between donors and NGOs. Through the review of recent Gates-funded healthcare campaigns in Africa and India, this paper seeks to highlight and analyze these shortcomings by looking at the failures of the current accountability regime to prevent and resolve human rights abuses committed during these programs. This paper will offer recommendations to strengthen the accountability regime for NGOs through a more active role by the local governments and through community outreach and development. The findings in this paper will have implications for all NGOs working in the healthcare sector and potentially other sectors.
PubDate: Thu, 18 Jan 2018 11:08:51 PST
- Responding to Homegrown Terrorism: The Case of Boko Haram
Authors: Dr. Elimma C. Ezeani
Abstract: If terrorism as it is known from history is changing, should the response to it change as well' This paper reflects on the rise and activities of Boko Haram in Northern Nigeria and the hesitation of domestic, regional and international efforts in stemming its spread. It finds that the rise and impact of homegrown terrorist groups like Boko Haram deserve closer attention than they have previously received particularly with regard to legal responses by domestic governments and the international community. The activities of Boko Haram in Nigeria have brought to the fore challenges faced by law and governments in tackling an ideology whose purpose is so far largely misunderstood and whose means of garnering public attention remain as variant and as indiscriminate as their attacks of terror. This paper argues for a reconceptualization; a rethink about the implications for law and social order in the 21st century by examining the lessons to be drawn from, and the responses to be considered, in addressing the emergence of groups such as Boko Haram and their brand of homegrown terror.
PubDate: Thu, 18 Jan 2018 11:08:45 PST
- Acknowledgment
PubDate: Thu, 18 Jan 2018 11:08:38 PST
- Editorial
Authors: Christian N. Okeke
PubDate: Thu, 18 Jan 2018 11:08:34 PST
- Masthead and Front Matter
PubDate: Thu, 18 Jan 2018 11:08:30 PST
- Wartime Environmental Pollution and Endangerment: The Landmine Scourge and
the Global Effort to Eliminate It
Authors: Theresa Oby Ilegbune
Abstract: 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.
PubDate: Tue, 23 Aug 2016 08:34:05 PDT
- Border Tax Adjustments and Developing Countries: A Perspective from China
Authors: Shufan Sung
Abstract: 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 pays and cause environmental injustice due to the adaptation and vulnerability of developing countries.
PubDate: Tue, 23 Aug 2016 08:34:01 PDT
- Pension Trust Investment in Nigeria – Celebrating the Sea Change Wrought
by the Pension Reform Act
Authors: Larry O.C. Chukwu
Abstract: 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 underscoring the sea change wrought by the new Act. Despite drafting flaws and other inadequacies, by creating a separate regime for pension trust investment; introducing defined contribution scheme and pension trusts into the public service; enlarging the scope of pension trust investments and initiating guaranteed minimum pension and Pension Protection Fund, the recent enactment represents a milestone in the annals of Nigerian pension legislation.
PubDate: Tue, 23 Aug 2016 08:33:57 PDT
- Twenty Years of TRIPS, Twenty Years of Debate: The Extension of High Level
Protection of Geographical Indications – Arguments, State of
Negotiations and Prospects
Authors: Friederike Frantz
Abstract: 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.
PubDate: Tue, 23 Aug 2016 08:33:53 PDT
