The end of the Second World War (WW II) illuminated the new hope of a world order that tumultuously recognised human rights and the inherent dignity of all humans. States now recognise that improved human rights mechanisms and their enjoyment; particularly socio-economic rights, are dynamics consistent with the dignity of humans under international human rights law. However, their observance and promotion are traditionally predicated on the states' discretion. Thus, it is pivotal to have a concerted push towards adopting common measures that put these rights on the frontlines of states' economic blueprints. Civil society organisations in partnership with National Human Rights Institutions (NHRIs) would play a central role in realising this global effort. This article aims to argue that non-governmental organisations (NGOs) could play a crucial role in fostering resilience within national boundaries and the promotion of socio-economic rights as key indices in reshaping the economic landscape of states in the twenty-first century, especially in states like South Africa and Nigeria.

Dispute is a natural consequence of human interactions and dispute resolution mechanisms are critical to the peace and harmonious coexistence of every society. In pre-colonial times when there were no Western-styled public courts in many African societies, customary arbitration was an integral part of the dispute resolution mechanisms, and it is argued that it has remained even so today. In Nigeria, customary arbitration remains relevant and has received judicial approval by the Supreme Court in a plethora of cases. This article discusses recent judicial developments on customary arbitration focusing on a recent judgment of the Nigerian Supreme Court – Umeadi v. Chibunze and its implications on customary arbitration in the highly plural Nigerian legal system. Umeadi v. Chibunze recognised the validity of traditional oath-taking as a feature of customary arbitration for parties who rely on it. This article argues that customary arbitration remains one of the most common indigenous dispute resolution mechanisms in Nigeria. This article seeks to interrogate the practice of customary arbitration in Nigeria, ascertain the conditions for its validity and evaluate the utility of traditional oath-taking as a constituent process or feature of customary arbitration in Nigeria. This article will also suggest some reforms to improve the utility of customary arbitration in Nigeria.

This article examines the increasingly tense relationship between CEDAW and regional human rights instruments on women's rights. It argues that although CEDAW has been beset by a number of challenges, including a high number of reservations and implementation deficits, it remains a key pillar in the struggle to achieve women's equality. It contends, however, that the rise of a dense web regional human rights instruments, while offering a range of positive developments for women and girls, threaten to subvert the primacy of CEDAW, particularly in areas where these instruments conflict. It hones in on the Maputo Protocol in this context, and offers reflections on treating CEDAW and regional human rights instruments as mutually reinforcing, and not oppositional.

Suicide has continued to be a global problem. More and more persons people are resorting to suicide as the panacea to all their problems. No matter the reason behind this profound conclusion, one will agree that suicide requires a lot of strength to carry out, and is an act that not many persons can resort to. Suicide is not a happy occurrence, it is an act which leaves grief and sadness with the families, friends, and other persons responsible for the deceased as well as the society at large. At first, many societies in a bid to dissuade potential candidates from carrying out this life-ending act decided to prohibit attempted suicide. Consequently, anyone who attempted suicide was liable to punishment. This punishment however could be felt by the person who made the attempt only if the person failed. Where the person succeeded, one would wonder about the necessity of a post-mortem punishment. That notwithstanding, post-mortem punishment did exist at some time. With the progress of time, some societies realised that the prohibition of attempted suicide did little to dissuade a person intent on ending it all and they were forced to depart from such position. However, Nigeria is one of the countries where attempted suicide remains a crime. The same applies to many other African countries. Religion in Africa is predominantly Christianity and Islam and their views of suicide have a profound impact on how suicide is viewed in Africa. This article advocates for a departure from the present legal framework on attempted suicide in Nigeria in the light of present realities.

This article analyses the impact of Germany's Basic Law on constitutions around the world to answer the question of whether the export of constitutions is a valuable contribution to nation building or a cementing of conflict. Particularly, the impact of the understanding of human dignity, the essence guarantee of basic rights (Wesensgehaltgarantie) and the organisation and functioning of the German State and its institutions will be highlighted. Malawi and South Africa will be used as examples of the impact of the German Basic Law. Comparing the constitutional setup with the practice in the country, the analysis shows that a comprehensive constitution itself does not guarantee compliance. A constitution that learns from other countries’ constitutions and their interpretation of constitutionalism is a solid but not sufficient groundwork for a locally determined nation building of a free society.

The case of Ukeje v. Ukeje raises important questions about ways in which universal human rights are to be applied and their impact on culturally diverse societies such as patrilineal and matrilineal communities. Although the Constitution is supreme, the various ethnic groups actually gave themselves the Constitution, subject to amendment if it disparaged their cultural diversity. This article appraises similar developments in Ghana, Tanzania, Kenya, Zambia, Uganda, South Africa and the South-Pacific, examining the challenges and limitations when daughters get married in patrilineal societies and when sons get married in matrilineal communities. Reform is advocated through the enactment of modernised Succession Acts such as those found in Kenya and Zambia where courts are given powers to determine inheritance cases according to their peculiarities and to impose statutory trusts for sale where necessary.

The right to water is one of the most significant international human rights. This paper focuses on the conflict between Ethiopia and Egypt over the Renaissance Dam. This is in the context over sharing and distribution of water in the absence of any agreement regulating the relationships between the two countries over access to water.

The focus of the current study is on civil liability. It is devoted to a comprehensive examination of the problems associated with the use of a proven method of civil rights protection – compensation for harm, namely, the determination of its scope and other characteristics together with their influence on the compensation decision within the judicial process. This research aims to analyse the types of harm, the methodology for its determination, the functioning of the principle of full compensation when the amount of harm and its constituent elements change and the peculiarities of the compensation assessment by the judge. The study addresses the feasibility of best practices in the legislation of Egypt and the UAE, allowing a judge to choose a method of compensation that they consider appropriate for reimbursing the harmed party in the trial within the framework of their competence established by the law. The obtained analytical materials and normative arguments will help many foreign entities to better navigate the realities of civil law in Middle Eastern countries when planning their activities in these countries.

Development indexes and scholarship portray Nigeria as non-developed. Non-development is acutely felt in the sphere of human development. This article interrogated the state of Nigeria’s human development by showing that the violation of human rights law is at the heart of Nigeria’s lack of human development. It offered some constitutional reform proposals that could potentially cure the country’s perceived human development weaknesses. It also utilised the human-rights-based approach to development. Consequently, the article answered the following research question: Is it possible to realise human development in Nigeria using the human-rights-based approach to development by way of constitutional reform? While acknowledging the weakness in the often argued importance of making chapter 2 of the 1999 Constitution justiciable, it made a case for the introduction of suo motu intervention by the judiciary in order to boost the realisation of rights that enhance human development: Right to health, right to education and right to a decent standard of living. It also argued for the relaxation of the rigidity of dualism in the 1999 Constitution in order for Nigerians to benefit from certain doctrines, like the principle of progressive realisation, which favour the aforementioned rights that enhance human development. To buttress this point, the paper then cited the innovative section 254(c)(2) of the 1999 Constitution which, to promote the plight of the Nigerian worker, did something similar with regard to the accommodation of international law instruments related to industrial relations.

In transactions relating to land a distinction is made between the creation of personal or contractual rights (rights in personam) by contract, and real rights (rights in rem) via the registration process. Historically, additional, or special rights or interests have been conferred upon the vendor and purchaser to provide protection for the time period between the creation of rights in personam and the creation of rights in rem. The focus of this article is to identify and examine the nature and operation of these protective rights and compare their application in Australia and South Africa. These protective rights are recognised in different ways in both Australia and South Africa via common law, equity and legislation. It is concluded that interim protective equitable rights in Australia and a special category of personal rights under South African law provide a bridge to the creation of full in rem rights.