Extant Laws Research Articles

INTERROGATING THE RIGHT TO BASIC EDUCATION OF UNDOCUMENTED CHILDREN IN THE CONTEXT OF THE CALL FOR THEIR EXCLUSION FROM PUBLIC SCHOOLS IN SOUTH AFRICA

The right to basic education is recognised as a fundamental human right that is guaranteed to everyone, including undocumented children under international and domestic law. However, the question needs to be asked whether this right extends to undocumented children living in South Africa when, at the start of every academic calendar, tales of children being denied enrolment in public schools owing to a lack of required identification or birth certificates dominate the media space. Apparent legal contradictions, a lack of proper understanding of extant laws protecting the right to basic education, and a lack of effective cooperation among stakeholders in the education section have continued to affect access to basic education for undocumented children in South Africa. This article reflects on the right to basic education of undocumented children in the context of the legality of the lingering call for the exclusion of undocumented children from public schools in South Africa.

Cybercrime and Digital Transactions Law in Nigeria: A Review

The internet is a tool that drives globalization and enhances global inclusion and integration. It has become imperative to make use of information and communication technology in this era of increased broadband access to the internet. The use of information and communication technology has increased the commission of cybercrime such as data breaches, identity theft and cyber fraud. This paper aims to identify the relevance, authenticity and nexus between digital transactions and cybercrimes in Nigeria. This paper seeks to give a summary of cybercrime and digital transaction laws in Nigeria, as well as the challenges inherent in applying them. The methodology adopted is the doctrinal method of legal research approach in literature review, analysis of cases and access to internet sources. This paper made use of primary sources of data such as such as enabling laws, acts and secondary sources of data, conventions, journal articles and the study is also analytical and comparative in nature. The paper finds that the legal and institutional framework for digital transaction laws in Nigeria is somewhat limited. Some digital forensic tools have not been recognized by our laws in Nigeria. The paper concludes that the extant legal framework for digital transaction laws in Nigeria has lapses that impair the evidence emanating from digital tools/records. This paper recommends amongst others; training of prosecution officers, legal practitioners and judicial officers in the collection and use of forensic/digital evidence in court of law, review of some of our extant laws and creation of institutional framework for digital transaction laws in Nigeria.

The Federal Character Principle and Political Exclusion of Southeast Nigeria, 2015–2019

The incidence of political exclusion in the world has continued to increase among different ethnic groups, and this has continued to generate tension. However, in Nigeria, the inception of the current democratic dispensation in 2015 led to the politics of exclusion in sheds of opinions of individuals whose contributions are required for the development of the country and in political appointments of people from particular religious and ethnic groups. Though the federal character principle of affirmative action has received reasonable scholarly attention, these studies have failed to examine how non-adherence to this policy initiative has increased the marginalization of the Southeast zone of Nigeria from 2015 to 2019. Based on the expository strength of the social exclusion theory and through a rigorous content analysis of data collected using the documentary method, it was argued that the non-implementation of this principle increased the marginalization of the southeast zone. Tables and figures validated these results in our analysis. Thus, emphasis is not only placed on affirmative action but rather on the manner in which it is performed. Our thought for policy implications considered the urgent need to review extant laws and policies enacted on inclusiveness, focusing on the yearly release of data by the commission across the country and effective sanctions for defaulters.

Reading Between the Lines: Maternity Benefit Law in India and Whom It Truly Benefits

The gendered and performative role of motherhood, an ideal of patriarchy, has been codified into the letter of the law. A feminist lens has been applied to understand how motherhood and patriarchy interact within the maternity benefit law in India, which is primarily regulated by the Maternity Benefit Act, 1961, as amended in 2017. An attempt is made to determine whether the extant law truly benefits all women equally without discrimination. It is critically examined, using an intersectional approach, to ascertain whether it ensures the welfare of all women or is yet another systemic attempt to further the patriarchy. The progress of the law is evaluated and corporate maternity benefit policies in India are analysed to assess whether the law requires revisions and of what type to achieve its true objective.

Cyber Security and Data Protection as Tools for the Attainment of a Smart Nation: The Nigerian Example

Advancement in technology and globalization has led to newer forms of challenges such as the increased demand for individual data by governmental agencies and corporate bodies. This increased advancement and dependence on technology have made digital information to have a wider coverage than ever. This wider coverage of digital information comes with its attendant consequences of increased cybercrime and data right violation. This study takes an overview of the current state of cyber security and data protection policies and regulations in Nigeria in its quest to attain the status of a smart nation. The paper argues that the existing provisions for cyber-crime prevention and data protection regime is grossly inadequate to effectively protect individuals against abuse resulting from the processing of their personal data. The view of this study is based on the critical analysis of existing laws governing cyber-crime and data protection laws in Nigeria and the requirements for the attainment of a smart nation status. The study is of the opinion that the enormous volumes of digital traces containing personal data, if not well managed over the cyber world, could lead to their being exposed to unauthorized individuals with malicious intents. The study makes recommendations for the reform of the extant laws for the attainment of a smart nation status by Nigeria.

A Critique on the Legal Framework for Combating Human Trafficking in Nigeria

Human trafficking is a menace that affects the global community, because of its adverse effect on the members of the society. It is therefore a violation of the human rights of persons and is believed to oppress thousands of people globally. In Nigeria, there is a legal framework to combat human trafficking, however, human trafficking still remains a major concern that has eaten so deep into the fabric of Nigeria and has become very complex to tackle. Human trafficking just like any other crime has evolved and is still evolving as society evolves. Therefore, there is an expectation that laws are constantly in conformity with the current trends and practices of human trafficking in a community. This study aims to critically critiquethe position of the law on human trafficking in Nigeria, the gaps present in these laws and make recommendations to effectively fight against human trafficking. This study also recommends that further amendments of the extant laws should comply with the present-day realities.

Lost in Transplantation: Revisiting Indigenous Principles as a Panacea to Natural Resource Sustainability in Nigeria

AbstractAlthough legal transplants are a most fertile source of legal development, a failure to adapt their methods to local traditions and cultures before putting them into practice often results in the loss of indigenous legal cultures. This article examines environmental jurisprudence in Nigeria. It aims to determine whether the failure of these laws to curb the trend of unsustainable natural resource use in the country is traceable to the indigenous legal cultures of sustainability that were lost in the process of transplanting colonial ideologies into the Nigerian legal system. The article submits that neglecting the innate standards of sustainability in Nigeria's environmental law-making (a practice adopted since the period of colonization) has made the extant laws on natural resource sustainability largely ineffective. It recommends reworking some of the laws to reflect the lost traditions and notes the cultural imperative for natural resource sustainability.

Safeguarding Oman’s Cultural Heritage: Legislative Perspective

Oman’s cultural heritage is protected by a number of laws, the most important of which is the Cultural Heritage Law (CHL), which was issued in 2019 as a replacement for the National Heritage Protection Law (NHPL) that was in force since 1980. This paper reviews the protection and management of various types of cultural heritage under both these laws and other relevant national legislative tools. It discusses the aptness and adequacy of these laws to manage this heritage in light of the unprecedented development that the country has been witnessing since 1970. The study concludes that there are a number of aspects that need to be considered for the refinement and reformation of extant laws. For example, the legal and practical challenges that can arise from having a single law must be considered to manage and protect all types of cultural heritage. Also, the practicability of having two different organizations to manage both tangible and intangible heritage must be assessed. Finally, the study proposes to include the protection of cultural heritage in laws that have a direct and indirect relationship. Finally, it suggests the reconsideration of the separation of the bodies concerned with heritage from those concerned with culture.
 
 Keywords: Sultanate of Oman; cultural heritage; tangible heritage; intangible heritage; law.

Artisanal Inland Water Fishing and Challenges of Livelihood Sustainability in Ibi Local Government Area, Taraba State Nigeria

This study examined challenges of livelihood sustainability from artisanal inland water fishing activities in Ibi LGA, Taraba State, Nigeria. Descriptive survey design was adopted. Purposive sampling was used in selecting 406 respondents from 12 communities in 6 political wards of the LGA. Descriptive statistics was used to analyse 401 questionnaires retrieved. Findings of the study reveal decline in daily fish catch from three baskets 10 years ago to only one basket presently. Also, income from fishing has declined from ₦150,000 ($192) monthly 10 years ago to less than ₦50,000 ($64) presently. Factors responsible for decline in fish catch include rising water level, temperature increase, pollution, climate change, seasonality and unsustainable fishing practices. The unsustainable fishing practices include use of chemicals, small size nets and mosquito nets in fishing. The results reveal that fishermen engaged in non-fishing activities, fish farming and construction of fishing ponds along the floodplain as a way of achieving livelihood sustainability. Challenges of livelihood sustainability include seasonality of fishing activities, decline in fish stocks, use of traditional fishing methods and unsustainable fishing practices among others. The study recommend the need to enforce extant laws on fishery protection, enlightenment campaign, and government support to fishing cooperatives.

The competition between legal and illegal firms in the market: Theoretical models and empirical evidence

The main aim of this paper is to study the phenomenon of the coexistence of firms with illegal characteristics and firms showing legal behaviour in developed economies by using an evolutionary competition model known as the Lotka-Volterra equations. Enterprises in a ‘legal system’ obey the extant laws, particularly market rules, while enterprises in an ‘illegal system’ disregard them. Illegal enterprises have a competitive advantage over legal enterprises, yet they cannot survive if legal enterprises disappear completely. The numerical solution of the Lotka-Volterra equations are used to show how there can be a situation of coexistence between legal and illegal enterprises and how state intervention can help reduce illegality in an economic system. This paper outlines a new approach to address the problem of coexistence because it uses non-linear and evolutionary tools to define the competition between legal and illegal firms. The research gap presented in this paper is addressed using the predator-prey scheme to model the competition between legal and illegal firms, which is perceived as the competition between two populations with different fitness levels (survival probabilities). This competition gives rise to three different types of possible equilibrium outcomes: survival of only legal firms, survival of only illegal firms and coexistence of these two types of firms. An empirical analysis of an Italian case study confirms the results of this paper's theoretical model.

Consumer Dissatisfaction in E-commerce Transactions: Protecting the Nigerian Consumers

Information Communication Technology (ICT) has had a significant impact on modern trade and commerce in Nigeria. Unfortunately, the impact of digitization and digital technology on commercial transactions has exposed consumers in Nigeria to a variety of issues, most notably consumer dissatisfaction. The phrase ‘what you ordered versus what you got’ has become popular as a result of unfair business practices and phoney advertising. Despite this, the efficacy of existing laws to safeguard consumers in Nigerian e-commerce transactions has now been called into question, as they continue to be subjected to unfair trade practices and deceptive advertising with limited legal recourse. As a result, this paper analyses the existing legislation in Nigeria that safeguards consumers’ rights and interests in e-commerce transactions. To achieve this aim, this paper adopts the doctrinal research methodology and finds that the extant laws for the protection of consumers in e-commerce transactions in Nigeria are outdated and not adequate to prevent exploitation and unfair trade practices. Consequently, it argues that there is an urgent need for the amendment of the existing laws to protect the rights of consumers in e-commerce transactions. E-commerce, consumer satisfaction, consumer protection law, Nigerian laws, consumer dissatisfaction, commercial law

Fair and Equitable Treatment and Human Rights: A Moral and Legal Reconciliation

ABSTRACT A central challenge to the legitimacy of international investment law is its failure to take account of a state’s commitments to its people under international human rights law—duties that stand on a special moral plane. The vortex of this challenge is the fair and equitable treatment standard, where tribunals protect the ‘legitimate expectations’ of investors but disregard these preeminent moral commitments. This article develops a new framework for integrating those commitments into fair and equitable treatment decision-making and treaty-drafting. Deploying an interdisciplinary approach that draws on political philosophy as well as extant law and doctrine, I argue that the current international political morality requires putting human rights on a higher plane than commitments to investors. As a result, tribunals should give great deference to state measures that negatively affect investors if the state justifies them based on its international human rights law obligations and lesser but still significant deference for measures based on encouragements or permissions in international human rights law. It operationalizes this approach for tribunals by recasting the doctrine of legitimate expectations and provides examples of how it would work in specific disputes. This article concludes with suggestions for integrating states’ human rights mandates into future investment agreements.

In Search of Mercian Law

There are five extant English law codes from the sixth to the ninth century but, despite Mercia's having been an independent polity in the period, none are Mercian. Three seventh century Kentish royal law codes survive in a single twelfth century manuscript and two West-Saxon law codes survive elsewhere. The early English legal record is, therefore, thin and there are no extant law codes from the major Anglo-Saxon kingdoms of Northumbria, East Anglia, or Mercia. As such, this article discusses possible answers to two questions: what Mercian law was and whether a Mercian law code ever existed.
 

COVID-19 Pandemic: The Impacts of Crude Oil Price Shock on Nigeria’s Economy, Legal and Policy Options

The outbreak of the COVID-19 disease has gravely shaken the world economy. The economies of many countries have come under severe strain; Nigeria’s petroleum industry has been particularly affected. This has threatened the countries’ budgets and other essential needs involved in citizens’ welfare. The government is taking drastic measures to combat this scourge, with few results. This study adopts a doctrinal legal research approach and considers both the primary and secondary sources of law, such as judicial precedents, international conventions, and peer-reviewed journals. Legal theories were also applied as an academic lens for modelling the research. The justification for using the method was to establish the trustworthiness of the findings on the impacts of crude oil price shock on Nigeria’s economy, its legal and policy options. This study investigates the influences of oil price shock on the country’s economy and the legal remedies required to build economic resilience to mitigate future contingencies. The study argues that the provisions of the extant laws can be utilised as a preventive mechanism for tackling the impacts of oil price shock on Nigeria’s economy. The study recommends other remedial measures, such as diversification from oil and gas to non-oil sectors. The study designed a hybrid model for mitigating the influences of crude oil prices on the country’s extractive wealth. The study advocates for the need for an effective legal regime to shield the domestic economy from international oil price instability. The implications of the main results are that crude oil production and prices play a significant role in real growth enhancement. However, they exert a negative but unsustainable standard innovation on growth, which could be mitigated through appropriate legal and policy options. Nigeria needs stringent, transparent, and the best petroleum management practice laws to manage its petroleum sector’s revenues for sustainability.

Environmental Strategies for Sustainable Development: An Analysis of the Drivers of Proactive Environmental Strategies in the Manufacturing Sector

Stakeholders’ concern towards the ecological damage arising out of emissions from the industrial processes has raised serious issues before the industrial sectors. Environmentalists and researchers are raising these issues in various forums. Few industrial sectors are well informed about environmental protection and act accordingly to address these issues by complying with environmental norms. However, some firms are more ethical in their business and proactively redefine their operations and policies beyond the regulatory requirements. What factors compel these firms to go beyond the extant laws to protect the environment? This study statistically analyses India’s cement sector for the factors that may be the drivers of environmental proactivity. Using Structural Equation Modelling (SEM), eight hypotheses were tested. The study’s findings can be helpful for the policymakers, environmental managers, and industrial sectors to frame policies for environmental protection, which will redound to societal benefit.

The Dilemma of Fraudulent Pesticides in the Agrifood Sector: Analysis of Factors Affecting Farmers’ Purchasing Behavior in Egypt

Fraudulent pesticides suggest a solemn risk to sustainable agricultural production, environmental sustainability, and human health due to their unrevealed composition and quality. Nonetheless, their large-scale utilization in the agrifood sector relies on many factors, such as personal, institutional, and legislative ones. This study aimed to evaluate farmers’ perceptions of fraudulent pesticides and examine their marketability elements. The data came from 394 farmers’ structured questionnaires from Dakahlia governorate, Egypt. The factorial analysis revealed beliefs, health and environmental risks, quality recognition, price, and policies as the critical drivers for buying fraudulent pesticides. The cluster analysis disclosed two varied farmer segments—“conventional” and “conscious”—based on perception. “conventional farmers” signify 59.9% of the sample and reveal typical farmer behaviors and give more attention to factors such as beliefs and product price. Contrarily, “conscious farmers” symbolize a more sentient group about policy, product quality, and health and environmental issues. Significant differences (p < 0.01) occurred between the two segments, corresponding to their education, farming activity, farm size, and farming experience. The findings suggest reinforcing the extant pesticide laws and regulations’ administration mechanisms, implementing deliberate measures to increase public awareness of the consequences resulting from fraudulent pesticide use, and improving recognition behavior by detecting fraudulent pesticides with digital technologies among all stakeholders.

Holistic Analysis of ‘Women Empowerment’ – A Vital Quintessence from Legal, Business and Economic Perspective

The varied dimensions of ‘Women Empowerment’ have to be analysed from economic, political, social, cultural, psychological, philosophical and technological perspective. The empowerment of women is a holistic concept. India has been testimony to the diverse and vast cultural heritage unique to itself from time immemorial. History is replete with examples of the contribution of India for gender neutrality, equality and upliftment perspective. A man and a woman are equal and strong pillars in the edifice and bulwark of cultural fabric for society’s growth. The historic contribution of Maitreyi and Gargi are monumental in not only from the perspective of cultural and social development but also from the view of women empowerment. The jurisprudence on woman empowerment has to be seen in a holistic manner. There is a vital facet of legal dimension of the economic and social contribution of the woman in the ecosystem of growth and development of the nation. The international efforts in the sphere of women empowerment by Convention on Elimination of All Forms of Discrimination against Women (CEDAW) has been instrumental in addressing some of the pertinent issues in that domain. Tackling the issues of women empowerment via Statutory provisions and by strengthening the statutory provisions in the extant laws has to be seen synergistically with the concerted efforts at community, national and international level for empowering woman with education, health care, access to basic amenities among others. The role played by women has a cultural and social dimension also which requires an inclusive and synchronized efforts in tandem by all the stakeholders in the value chain of economy and in the societal ecosystem.

The role of the Freedom of Information Act (2011) in enhancing public accountability in Nigeria

Access to information has been recognized as a powerful mechanism of accountability that lifts shrouds off government transactions. In Nigeria, the Freedom of Information Act was enacted in 2011 ostensibly to guarantee citizens’ right to public information and enhance transparency and accountability in governance. This discourse examines the role of the Freedom of Information (FoI) Act in enhancing public accountability in Nigeria’s Fourth Republic. The study which is analytical and relies on secondary found out that the FoI Act has indeed emboldened the citizens to demand accountability from government officials and it has been used as a tool to expose corruption in the public sector. Among other recommendations, it is suggested that existing extant laws that have conflicted with the enforcement of the FoI Act such as the Official Secrets be repealed. The Legal Aid Council should be mandated to assist litigants in prosecuting cases that may arise in the event of refusal of a government institution’s reluctance to disclose information which may warrant court action.

Compulsory Acquisition of Land (Private Property) in Nigeria: Prioritizing Public Interest over Private Interest

Compulsory acquisition of land (private property) is permitted under Nigerian law, but such acquisition must be conducted in accordance with the prescriptions of law. A fundamental criterion in a compulsory acquisition is the compliance with the public purpose requirement. Increasingly, state governments in Nigeria have been engaging in massive land grabbing for many reasons that tend to challenge the public purpose requirement. In certain cases, including governments’ acquisition for mass housing projects, the resultant beneficiaries are far from qualifying for the ascription of the term ‘public’ for the purpose of compliance with the public purpose requirement. This casts doubt on the acquiring authority’s compliance with the extant law. Using a doctrinal methodology, this paper argues for the prioritization of public interest over private interest. The paper aims to provide a roadmap for ensuring that public interest requirement reigns supreme in any compulsory acquisition in Nigeria.

Economic Implications of Trade in Wildlife: From Legality to Illegality

Illegal trade in wildlife has caused the decline of many species in Nigeria, Africa and the world. Illegal killing, smuggling and other forms of illicit trade in wildlife do not only hurt the economy and the ecosystem, but they also fuel organised crime as well as feed corruption and insecurity, undermining the sustainable development of the country. Wildlife in Nigeria is under pressure as most endangered species, are traded both domestically and internationally. Nigeria is not only a source of wildlife products but has also emerged as a major transit country for wildlife trafficking according to the current World wildlife Crime Report. Using a literature-based review, this paper critically examines the legality and illegality of wildlife trade in Nigeria in line with the provisions of extant laws and how this scenario has grossly hampered global efforts toward combating wildlife trafficking. It proffers amendment of the text of extant laws to reflect the intents and global aspirations to curb this scourge and preserve biodiversity for posterity. It further advocates global partnerships efforts to strengthen enforcement capacity to investigate and prosecute offenders.