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Perspectives in Dialogue: Debating the GCR’s Impact on the International Refugee Protection Regime

The State adopted the Global Compact on Refugees (GCR) in 2018 to consolidate the International Refugee Protection Regime (IRPR). Drawing on International Relations (IR) theories and international law, different perspectives can be taken on the nature of the GCR and the IRPR, and their legal and non-legal relationship. The lack of a universally accepted definition for the IRPR allows for various interpretations, ranging from narrow positivism to broad global governance and self-organisation approaches. Similarly, the legal status of the GCR can be seen as non-law, soft law, or fully binding law depending on the criteria used. Applying realist, liberal, and constructivist theories, this article argues that the GCR’s anticipated legal and political development and its impact on the IRPR will be influenced by the chosen IR paradigm, reflecting different views on the rule of international law and power dynamics among stakeholders. By examining the case study of Kenya as a host of a protracted refugee operation, the article provides a practical illustration of how different IR lenses offer divergent perspectives on international burden and responsibility sharing in the Global South. This analysis aims to provide a comprehensive and nuanced understanding of the complex relationship between the GCR and the IRPR.

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The Impact of the COVID-19 Pandemic on Taxpayers in Nigeria

There is no doubt that the outbreak of the Coronavirus disease (COVID-19) strikes the world with unparalleled disruption in economic and business activities. The impacts of the COVID-19 pandemic have dealt a serious blow to businesses, households, individuals, and revenue generation by governments across the globe with Nigeria being no exception. As a result, Nigeria introduced certain tax measures through the Emergency Economic Stimulus Bill 2020 to mitigate the impact of the pandemic on taxpayers but these measures are inadequate and in some ways impracticable. The measure includes a temporary relief to companies and individuals to alleviate the adverse financial consequences of a slowdown in economic activities as a result of the COVID-19 pandemic. The article argues that it is clear that the COVID-19 pandemic has drastically reduced business activities and the Bill does nothing to reduce or remove the existing tax burden but simply postpones the same to a later date. This negates section 14(2)(b) of the Nigerian Constitution 1999 as amended which provides that the security and welfare of the people shall be the primary purpose of government. This raises a critical question as to whether revenue generation by the Nigerian government is more important than preventing hardships and reducing the burden of Nigerian taxpayers whose welfare the government has sworn to protect through the Constitution. The implication is that the Nigerian government needs to revise its tax regime encompassing incentives such as tax credits, write-offs, and tax holidays in a bid to provide adequate relief to the taxpayers pending the eradication of the pandemic and a return to economic stability.

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Warnings from the West: Identification and Expert Evidence as Causes of Wrongful Convictions and the Implications for South Africa (Part 2)

In Part 1 of this study, the existing literature on eyewitness misidentification evidence as a cause of wrongful convictions, as well as adversarial safeguards upon which criminal justice systems rely to identify errors in fact-finding, are reviewed. In Part 2, a similar investigation is conducted of improperly applied and faulty forensic expert evidence in criminal trials in the comparator countries, and how such evidence contributes to legal and root causes of injustice. Parallels are drawn to the adversarial system as it functions in South Africa and predictions are offered regarding the possibility that in South Africa too, the reliance on questionable expert evidence and the sometimes over-reliance on valid expert evidence may lead to wrongful convictions. Worldwide, much effort has been invested in developing admissibility criteria for expert forensic evidence. In the United States of America, for example, more than 100 years of admissibility jurisprudence has been dedicated to developing admissibility standards that would filter out unreliable evidence. Yet our investigation reveals admissibility criteria have had less success than expected. We also investigate the abilities and inabilities of cross-examination and acquired defence expertise to reveal errors in forensic evidence. The article concludes with critical commentary on the way forward for the South African criminal justice system.

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