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Abstract

Indeed, intellectual property rights are not new to traditional African communities. Traditional legal systems of protection in Africa such as customary law protected the rights of members of these communities. These systems of protection are still used. There are also practices of monopoly from the past regarding the use of some products of creative works. This paper examines the various ways in which traditional intellectual properties have been protected over the years which are similar in some ways to modern intellectual property rights. Thus, proposing that the adoption of a pluralistic protection mechanism (legal pluralism) for traditional intellectual properties could resolve legal issues related to them in Africa.

In: African Journal of Legal Studies

Abstract

Men and women have different health profiles which necessitate different health needs, as a result of their biology and their distinct status in society. Discrimination and harmful traditional practices in many societies in the global south further affect the reproductive health of indigenous women. The paper will highlight discrimination against women in patriarchal indigenous communities in Cameroon. The paper focuses on violations that affect women’s reproductive health. The paper will discuss these violations in light of the country’s commitment to Sustainable Development Goal No. 3 on good health and well-being and Goal No. 5 on gender equality. The paper will also highlight the national and international laws addressing the right to the reproductive health of indigenous women. It will also examine gender-sensitive interventions, legislation and policies put in place by the indigenous community and the Government of Cameroon if any. The paper will end with conclusion and suggestions/recommendations on ways to improve the reproductive health of indigenous women in Cameroon.

In: African Journal of Legal Studies

Abstract

This paper examines the role of Internet Service Providers as bridges and intermediaries between private persons, organizations even government arms and the Internet and the liabilities placed on them by the law with regard to wrongful acts of their subscribers or clients under the laws of Nigeria. It is common knowledge that actions againstISPs are commonest with defamation and infringement of copyright. The legal framework in theUSand the UKare examined to determine if there are lessons to learn for Nigeria. The Nigerian legal framework also places some responsibilities on ISPs with regard to crime prevention and prosecution. This is because private rights are not yet much of an issue in the Nigerian cyberspace. The paper points out that much of the regulation governingISPs liability in respect of civil matters do not have legislative power but are mere guidelines and suggests that theUSand UKpatterns have a lot to offer Nigeria.

In: African Journal of Legal Studies

Abstract

The 2018 Petroleum Host and Impacted Communities Development Trust Bill before the Nigerian National Assembly was proposed to foster sustainable development (SD) and embed corporate social responsibility (CSR) in the oil and gas corporate activities within host communities. From the backdrop of SD and CSR as regulatory concepts, this article scrutinizes the Bill for its viability to realize its objectives in its current form. It raises concerns about: (i) perceived negligence by the government to provide social services and public goods, seeming to outsource such responsibilities to the business community; (ii) the reduction of CSR to capital or community development projects; and (iii) the absence of useful delimitation criteria to determine host and impacted communities. The article argues that past mistakes are being rehashed and queries the capacity of the Bill to live up to stakeholders’ expectations. Using the normative contributions of global templates such as the United Nations Guiding Principles on Business and Human Rights, the article recommends policy and regulatory changes to the Bill’s governance structure towards embedding effective CSR and engendering SD in the Nigerian oil and gas industry.

In: African Journal of Legal Studies
Founded in 1993, the African Yearbook, now published under the auspices of the African Foundation for International Law, is the only scholarly publication devoted exclusively to the study, development, dissemination and wider appreciation of international law in Africa as a whole.

Through the study and analysis of emerging legal issues of particular relevance to Africa, such as the creation of viable continental institutions capable of promoting unity and security for the peoples of the continent, the effective protection of human rights, the need for accountability for mass killings and massive violations of the rule of law, the promotion of a rule-based democratic culture, the role of African countries in a globalizing world economy and in international trade relations, the Yearbook strives to be responsive to the intellectual needs of African countries in the area of international law, and to the continuing struggle for creating an environment conducive to the rule of law throughout the continent
Please click here for the online version including the abstracts of the articles of the African Yearbook of International Law.
This book examines the existing counter-terrorism laws and practices in the six-member East African Community (EAC) as it applies to a range of law enforcement and military activities under various international legal obligations. Dr. Christopher E. Bailey provides a comparative examination of existing national law for EAC countries, including compliance with obligations under international human rights and international humanitarian law, and offers a range of legal reform recommendations. This book addresses two primary, related research questions: To what extent do the current national counter-terrorism laws and practices of the EAC Partner States comply with existing international human rights safeguards? What laws or practices can the EAC adopt to achieve better compliance with human rights safeguards in both civilian and military counter-terrorism operations?
Reflections from Southeast Asia and Africa
This book provides a detailed examination of how norms concerning human rights, civilian protection and prevention of mass atrocities have fared in the regions of Southeast Asia and Africa. Originated as a spin off of the journal GR2P (vol. 8/2-3, 2016), it has been enriched with new chapters and revised contents, which contrast the different experiences of those regions and investigates the expression of human protection norms in regional organisations and thematic policy agendas as well as the role of civil society mechanisms/processes. Hunt and Morada have brought together scholar-practitioners from across the world.The collection identifies a range of insights that provide rich opportunities for south-south exchange and mutual learning when it comes to promoting and building capacity for human protection at the regional level.
Founded in 1993, the African Yearbook, now published under the auspices of the African Foundation for International Law, is the only scholarly publication devoted exclusively to the study, development, dissemination and wider appreciation of international law in Africa as a whole.

Through the study and analysis of emerging legal issues of particular relevance to Africa, such as the creation of viable continental institutions capable of promoting unity and security for the peoples of the continent, the effective protection of human rights, the need for accountability for mass killings and massive violations of the rule of law, the promotion of a rule-based democratic culture, the role of African countries in a globalizing world economy and in international trade relations, the Yearbook strives to be responsive to the intellectual needs of African countries in the area of international law, and to the continuing struggle for creating an environment conducive to the rule of law throughout the continent

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.

In: African Journal of Legal Studies
Institutional, Substantive and Comparative EU Aspects
East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law.

The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.