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Ayoyemi Lawal Arowolo

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.

Patrick Ageh Agejo

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.

Bernard Jemilohun

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.

Nojeem Amodu

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.

Ann Skelton

Abstract

This chapter provides a detailed discussion of hard and soft international law in three case studies pertaining to children’s rights in the criminal justice system. The first tells the story of how a gap in the Convention on the Rights of the Child (crc) pertaining to children of imprisoned parents has been filled through borrowing from regional charters, general comments, resolutions and jurisprudence. The second case study is about the minimum age of criminal responsibility. Again, a weak area in the crc, bolstered through a General Comment which had good and bad effects, leading to a new wave of debates about how to approach the minimum age question. The final case study tells the surprising story of the use of the crc by the U.S. Supreme Court to outlaw the death penalty and limit life without parole for offenders who were children at the time of the offence—this despite the fact that the United States remains the only country in the world that has not ratified the crc.

Daniel D. Bradlow and David B. Hunter

Abstract

This chapter consists of three parts. The first part answers the seven questions posed in chapter 1 about the nature and relationship between hard and soft international law. It also includes a review of the lessons learned from the case studies about the seven questions. The second part is a discussion of some issues that arise from this review. The third part is a conclusion.

David B. Hunter

Abstract

This chapter explores the evolution of the commitments to reduce greenhouse gases under the global climate change regime and the associated struggle with whether these mitigation commitments should be binding. Although in theory all stakeholders favored binding mitigation commitments, the trade-off has become increasingly clear in terms of participation (whether the United States or China, for example would remain in a binding instrument) and substantive strength of the commitments. The recent adoption of nationally-determined (voluntary) commitments in the binding 2015 Paris Agreement resolved this tension with an interesting hybrid of interlocking soft substantive mitigation commitments nestled in a hard law regime of reporting and verification.

Natalia Gomez Peña and David B. Hunter

Abstract

This chapter explores the development of environmental rights from soft international law into hard international law. It first discusses the history of environmental access rights, beginning with the 1992 Earth Summit. In discussing the negotiation process for ensuring environmental access rights, it focuses on the way soft international law provided a compromise that avoided a substantively weak hard international law solution. In particular, this chapter explores the profound effects of Principle 10 of the Rio Declaration, and the relationship between environmental access rights and sustainable development. It also underscores the importance of civil society in ensuring access rights through an examination of the Aarhus Convention. The World Resource Institute’s Access Initiative and the Bali Guidelines provide examples of soft international law approaches to promoting environmental access, which were embraced by governments because of their non-binding nature. Through the development of soft international law approaches, regional hard law has also emerged, exemplified by the Escazú Agreement. The chapter concludes by examining the lessons learned through the development of environmental access rights in both hard and soft international law.

Daniel D. Bradlow and David B. Hunter

Abstract

This chapter poses and explores seven questions that the book seeks to answer. These questions relate to the interplay between hard and soft international law, the factors that can influence the choice that advocates for social change make between a hard or soft international law instrument, the perceived costs and benefits associated with both hard and soft international law, and how each category is used by both state and non-state actors to promote social change.