The paper examines the implication of International Intellectual Property (ip) laws and agreements on the sustainable development of Least Developed Countries (ldcs) and Developed Countries (dcs) and suggests approaches for improving the development and wellbeing of people in the developing world through national ip laws. The paper argues that generally international ip agreements may appear biased against developing countries and most dcs are reluctant to challenge the status quo and/or use the flexibilities of the international ip agreement to promote the wellbeing of their citizens. However, the article finds that ldcs and dcs could change this trend through the creative use of national ip laws and international agreements to promote the sustainable development of ldcs and dcs. The major instrument suggested for this shift in approach is the establishment of national ip administration institutions and the positive use of compulsory licences.
Bethel Uzoma Ihugba and Ikenna Stanley Onyesi
The legitimacy presumption poses a threat to the equality of parties in a marriage/partnership in today’s constitutional society. The approach adopted by courts in paternity disputes reveals an ongoing inequality in marriages/partnerships. The marriage/partnership is being used by courts to prevent a husband/partner from introducing a paternity claim on the assumption that doing so is not in the best interests of the child. Courts should be cautious in using children as a mechanism for preventing a husband/partner from determining their biological relationship. The child’s best interests can only be advanced if children know his biological identity. Husband/partner must have the right to know their biological relationship to their wives/partner’s children. A husbands/partners’ right to assert his paternity claims, on a balance of probabilities and on an equal basis is an inherent right to dignity.
Articles 4(2)(i), 10(3) and 26(2) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) impose an obligation on states to provide sufficient budgetary resources to realise women’s human rights. Despite the fact that several African countries have ratified the Maputo Protocol, there is still insufficient budgetary allocation to realise women’s human rights. This article presents gender budgeting as a step that African states can take towards the provision of sufficient resources to realise women’s human rights. It studies the concept of gender budgeting and its objectives to demonstrate the link between gender budgeting and the provision of budgetary resources to realise women’s human rights. It also studies the challenges that states face in the adoption of gender budgeting and concludes that despite the fact that there are challenges, they can be overcome if states show the required will to do so.
Gloria C. Nwafor and Anthony O. Nwafor
The recent outbreak of Ebola Virus Disease (evd) in the West African sub-region sprung challenges on the healthcare providers in the observance of their ethical rules in dealing with their patients and the State in fulfilling its obligations to ensure that the rights of patients are respected in times of public health emergency. The ethical rules of medical practice demand that the healthcare providers prefer the interests of their patients to the preservation of self. The State is by law under obligation to protect and respect the rights of the patients in all situations. The paper argues that the responses by the healthcare providers and the States in the West African sub region in the wake of the public health emergency fell short of the demands of the ethical rules of the medical profession and the obligation to ensure that the rights of the patients are respected.
Avitus A. Agbor
Despite the fact that international instruments prohibit such activities, recent recurrent incidents involving the transboundary movement of hazardous wastes on the African continent highlight their inadequacies and ineffectiveness of international law in solving this problem. Despite some noticeable milestones achieved by the Bamako Convention, its shortcomings are conspicuous. In addition, the ban on transboundary movement of hazardous wastes is simply one dimension of the bigger problem faced by (many poor) African countries: poor management of the environment that ranges from water and air pollution, poor disposal of wastes, improper and inadequate treatment of domestically generated hazardous wastes, congestion, noise, and dumping. These international instruments deal with only a dimension of the problem faced by African states. It is argued that additional measures must be taken to complement these efforts. Such measures include the enactment of strong laws and policies, education of the masses and a virile civil society.
Olaitan O Adeyemo and Ifeoluwayimika Bamidele
The scourge of domestic violence as well as other forms of violence against women has eaten deep into the fabric of our society creating a lopsided gender balance with the female gender being the greatest victim. Violence has taken different forms ranging from sexual to physical and psychological as well as other forms. This degrades the humanity of the woman in our society. Abusive partners and perpetrators base their actions on superior nature of the male sex, religion, law, custom, economic situation, family pressure, and their behavioural pattern. It is believed that lack of a legal framework universally enforced as well as lack of trained law enforcement officers promotes the violence of women in Nigeria.
A proactive legal framework, establishment of confidential and well equipped family courts, training of law enforcement officers, shelters and counselling centres can reduce the abuse of women in Nigeria and across the globe. The physical, sociological and psychological effect of violence against women is unquantifiable. To achieve a fair and balanced society, women must be valued, respected and supported and not battered either by stick or word of mouth.
Robert Doya Nanima
There has been a focus on the prosecution of persons who are arrested in the course of poaching rhinos in national parks, other than the members who form the higher echelons of the networks. This contribution advances the argument that there is need to create a framework that leads to the prosecution of the higher echelons of the organised crime groups, who are usually beyond South Africa’s borders. To advance this argument, the author evaluates the classification system of networks, the legal regime and the prosecutorial gaps and the evaluation system of progress employed by the National Prosecuting Authority and the Department of Environmental Affairs. Recommendations for reform follow.
Demelash Shiferaw Reta
For many people, access to land is necessary to realizing human rights. Although not clearly recognized in international human rights law, the right to land might be inferred from many of its provisions. In the Ethiopian context, the Constitution guarantees access to land. However, this right is being eroded because of the government’s measures to satisfy the ever-increasing demand for land through expropriation and the allocation of ‘vacant’ land. This article argues the former gives the government extensive power while the latter neglects traditional communal landholding system. This desk research based on literature review, legal analysis and secondary data, demonstrates how the government’s actions are impinging on the human rights of the people in the rural areas and recommends reform in the land-tenure system as well as the harmonization of the subsidiary expropriation laws through the Constitution.
This article considers the impact of land grab on the promotion of gender inequality within the Nigerian pluralistic legal order. It examines the interface between customary law and statute law in the determination of land ownership and access in Nigeria. It makes two key arguments. (1) While legal pluralism presents opportunities for curtailing the excesses of customary law, it has often resulted in the dominant legal system – statute law – fostering gender inequality in a manner that is beyond the capacity of the so-called barbaric customary laws. (2) The capacity of law to effectively address the problem of gender inequality within the context of land grab is very limited, because the nature of most land grab-related activities that promote gender inequality are appropriately legal and it is their unintended consequences that undermine women’s rights. The article argues for an effective use of the political process to complement legal interventions.
Francis Kariuki and Raphael Ng’etich
In Kenya, land grabbing can be examined by looking at three critical eons through which land governance has evolved. There is the first epoch that was characterised by colonial acquisition of land to establish colonial rule and provide land for incoming settlers among other reasons. Secondly, there is the post-colonial epoch that was characterised by land grabs orchestrated by the new political elites who were keen on retaining power upon independence. Thirdly, and most recently, the phenomenon of land grabbing has assumed a new face: a global face with graver consequences on communities and their livelihoods than ever before. The new form of land grabbing involves foreign multinationals and governments acquiring land in developing countries for a multitude of reasons, inter alia, mining, huge infrastructural projects, oil exploration and large-scale irrigation. This new phenomenon of land grabbing and its impact on tenure security and livelihoods amongst communities is examined here.