Editorial Comment
In: The journal of sustainable development law and policy, Band 11, Heft 1, S. Xiv-xvi
ISSN: 2467-8392
No Abstract.
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In: The journal of sustainable development law and policy, Band 11, Heft 1, S. Xiv-xvi
ISSN: 2467-8392
No Abstract.
Due to the ineffectiveness of the extant regulatory framework (not limited to home country, host country and international law) governing the activities of multinational corporations (MNCs), new regulatory paradigms have been advocated by scholars. Arguably, the African Union (AU) (and its mechanisms) can be the basis of MNC regulation in Africa. However, regulation of the activities of MNCs operating in Africa appears not to be among the major or pressing priorities of the African Union (AU) and its institutions. There is no normative and institutional framework at the AU level regulating the activities of MNCs in Africa. There are, however, moves to design measures to redress this anomaly. This article will focus on the development of recent strategies by the AU and its institutions to "regulate" the activities of MNCs in Africa and its implications in Nigeria.
BASE
The concept of corruption is culture-bound. In the UK, it is unusual and criminal for public officers to accept gifts. However, corruption is seen to be part of the culture of many developing (especially Asian and African) countries. In Nigeria, corruption is seen to be a negative part of the administrative or bureaucratic culture and a way of life. This paper will argue that because of the institutional failures of the Nigerian state in the area of corruption, recourse to the 'traditional' oath-taking akin to the variant used in customary arbitration cases amongst many communities (in Nigeria) to corruption cases might be a useful strategy to help fight the scourge of corruption. Furthermore, this chapter suggests that the Nigerian government should extend the jurisdiction of customary courts (via constitutional amendment) to try corruption cases arising from the anti-corruption statutes enacted since the return of democracy in 1999. This will reduce the pressure on the superior courts of records in the country.
BASE
In: The journal of sustainable development law and policy, Band 13, Heft 1, S. 162-199
ISSN: 2467-8392
The success of an approach or strategy for the implementation of legal instruments in one country does not imply that the same approach or strategy would be successful when replicated in another country because there is no 'one-size-fits-all approach' to policy implementation. The rationale for the above assertion is that institutions play a major role in the success of any policy. Undoubtedly, institutional approach provides a solid foundation to explore the interplay between formulation of policies and their effective implementation. Therefore, for an environmental policy to be successfully implemented, the institutional peculiarity of the country must be considered. This article explores the role of informal institutions (embedded institutions) in policy implementation focusing on Sub-Saharan Africa with specific focus on Nigeria. It provides theoretical basis for an informal institutional approach in environmental policy implementation. This article suggests that the institutional approach can be extended to environmental protection and management through informal institutions.
Keywords: Environment; Institutions; Informal institutions; Indigenous knowledge; Taboos; Environmental protection
In: The journal of sustainable development law and policy, Band 7, Heft 1, S. 183
ISSN: 2467-8392
Since the outbreak of the COVID-19 pandemic across the world, it has been reported that older persons have suffered acute hardship and fatalities more than any other age group. According to the World Health Organisation the fatality rate among older persons is five times the global average, and the United Nations has predicted that the mortality rate could climb even higher. The situation is aggravated on the African continent as a result of a shortage of medical personnel and other resources, as well as inadequate palliative measures to address the issues around the pandemic. Despite the provisions in the African Charter on Human and Peoples' Rights and the Protocol to the African Charter on the Rights of Older Persons in Africa which seek to provide some safety nets, many of these senior citizens continue to suffer untold socioeconomic hardship. Adopting an analytical and doctrinal methodology, this article examines the Protocol, the International Covenant on Economic, Social and Cultural Rights and several United Nations policy documents aimed at realising the socio-economic rights of older persons. The article finds that there is a lack of political commitment to operationalise the provisions of the Protocol, as evinced by the limited number of countries that have ratified it since its adoption in 2016. It comparatively engages with the provisions of the Inter-American Convention on the Rights of Older Persons to argue that, beyond the normative framing of these rights in Africa, there is a need for deliberate and genuine commitment by governments in Africa, if the rights are to be realised. The article advocates international, regional and national cooperation and calls for a more liberal judicial approach, to ensure that the Protocol's 'paperisation' of the rights of older persons does not lead or continue to lead to their pauperisation.
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There has been never-ending debate concerning the right to a healthy environment and the extent to which the law has provided for or guaranteed the right in national and international contexts. Whilst some countries have expressly recognised the right to a healthy environment in their constitutions and subsidiary laws, others have relied on regional instruments and treaties to guarantee such rights, especially where domestic legislation is either lacking, inadequate or ineffective. This article will contend that constitutionalising (rather than regionalising before a human rights commission or treaty) environmental rights domestically would improve environmental outcomes in Nigeria. To further buttress the constitutionalisation argument, this article will undertake a critical analysis of the right to the environment in South Africa which has constitutionalised the right to the environment.
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In: Routledge contemporary Africa
Introduction: Evolution of the SDGs Framework / Eghosa Ekhator, Servel Miller and Etinosa Igbinosa -- The Legal Framework for the implementation of the Sustainable Development Goals in Nigeria / Nathaniel Inegbedion and Godwin Umoru -- Food Security through Technological Innovations in Agriculture: What Role for Law in Nigeria? / Juliet Amienrovbiye and Odunagbon Theodora Osagie -- Implementing the Teaching Manpower Policy in Nigeria: An Imperative for Sustainable Development / Philip Igenegbai and Michael Osakpamwan Osasuyi -- The Environment, Climate Change and Underdevelopment of Nigerian Cities / Ibukun Ajayi, Eguonor Oleabhiele and Eseosa Enobakhare -- Towards Successful Delivery of Clean Drinking Water by 2030 in Nigeria: Dealing with the Challenges of Climate Change and Poor Environmental Practices / Vincent N. Chigor, Chidiebele E.I. Nwankwo, Chinyere B. Chigor et al. -- Examining Global Court Practices in Reducing Climate Change Impacts through Litigation: Lessons for Nigeria / Edward Okumagba -- Towards Corporate Sustainability in Nigerian Corporations: Opportunities and Disruptions / Oludara Akanmidu and Simisola Akintoye -- Taxation and the Implementation of Sustainable Development Goals in Nigeria / Emo Idornigie Pearce and Chisa Onyejekwe -- SDGs and Private Public Partnerships in Nigeria / Newman U. Richards -- SDG 3 and Maternal Health Rights: A Biosocial Approach to ending the VVF Scourge in Northern Nigeria / Hadiza Hamma -- Churches and the Achievement of the Sustainable Development Goals in Nigeria / Omole Iyayi and Pedi Obani -- Staff Awareness of the Role of Education in Sustainable Development Goals: Evidence from the University of Benin / Omoyebagbe Rosaline Dania and Esther Obiageli Okobia -- Towards an Inclusive Implementation of Sustainable Oceans, Seas and Marine Resources -SDG14: A Holistic Approach in Nigeria / Ifesinachi Okafor-Yarwood and Clement Sefa-Nyarko.