Abstract Southern Africa is relatively less affected by refugee movements than for instance, Central Africa, but the impact of refugees on Southern African societies and the increasing retreat of Southern African governments from their responsibilities towards refugees are nonetheless causes for concern. Namibia is a signatory to both the 1951 and AOU Refugees Conventions. In line with its international obligations, the country has promulgated the Namibia Refugees (Recognition and Control) A...
ABSTRACT The Money laundering offence was identified as such in the late part of the 20th century in the United States of America. Since this period, it has been a crime that has received immense attention for various reasons. This study aims to illustrate that, although the crime has received so much attention over the years, there still exists some areas on the subject matter that still require further research. In this study it is demonstrated that the concept of money laundering is not p...
ABSTRACT It is a universal phenomenon that peace, law and order only exist where justice prevails. Justice is an ingredient of the rule of law. In Namibia crime has become a topical issue. The nation focuses its attention and its fears on the threat of crime. Rights which are guaranteed by the law particularly in the Constitution of the Republic of Namibia such as a right to liberty; to own property and right to dignity are violated by offenders with impunity. For many, the criminal justice ...
Abstract Namibia is the driest country in the SADC Region. Conflicts and multifarious questions about water are manifest. Central to the enquiry on water law in Namibia is the question as to who owns water in Namibia and what the implications are of the environmentally sensitive water law reforms introduced by Namibia. Research on miscellaneous issues under these two major themes was based on both empirical or field research and desk research. This required a combination of quantitative and ...
The paper seeks to explore the relationship between the Multilateral Trade System (MTS) and the African Regional Integration System(s)(RIS). This is done through the analysis of norm formation on trade in Regional Integration Systems (RIS). In this analysis, the manner in which the African Regional Integration Systems use the soft and hard law strategies to reproduce themselves institutionally on trade issues is carefully explored . This is done by looking at specific case studies of COMES A,...
ABSTRACT The rule of law informs acts and decisions according to prescribed rules and procedures to promote certainty, uniformity and consistency in the application of the law. This is expanded by the demands of the interest of justice and the well-entrenched common law doctrines of stare decisis (stand by the decided) and res judicata, which dictates that a competent court cannot revisit issues already determined. Article 81 of the Namibian Constitution, read with section 17 of the Supreme ...
ABSTRACT In the light of globalization, the establishment of the World Trade Organization (WTO) in 1995, and the establishment of the Southern African Development Community (SADC) in 1992 and the Southern African Customs Union of 1969 (SACU), this research examines the approach (both internationally and regionally) towards one of the important disciplines, namely, competition policy. While the WTO-GATT Agreement of 1995, does not contain a chapter on competition law, Article 25 of the SADC P...
Abstract The case for cross-border merger control and the need for a supranational merger control system has been debated upon and several scholars have written extensively on the subject. What is immediately evident from literature is that it is not easy to regulate such mergers because of the challenges encountered. The challenges are pronounced in developing and emerging economies (DEEs) as arguably they have less experience in the enforcement of merger laws and lack adequate resources for...
This thesis addresses the question: How do customary legal frameworks impact the status, rights and treatment of persons with disabilities? It is motivated by two underlying premises. First, customary legal frameworks are highly consequential in Sub-Saharan contexts. Second, human impairments are likely to impact status, rights and treatment in customary legal scenarios. In addition, the reality of deep legal pluralism and an anthropologically versed conception of customary law inform the res...
Introduction to the study “As a consequence of complementarity, the number of cases that reach the Court should not be a measure of its efficiency. On the contrary, the absence of trials before this Court, as a consequence of the regular functioning of the national institutions, would be a major success”
ABSTRACT This study addresses a number of pertinent issues concerning Traditional Cultural Expressions [TCEs], specifically in relation to what they are and the dilemma surrounding ownership vis-à-vis custodianship in an environment that is biased towards protection of Intellectual Property Rights. The present inadequate legal recognition and, ultimately, insufficient international recognition and protection of TCEs has orchestrated the misappropriation of such works for the benefit of the ...
The Institute has immortalized through its public lectures eminent Nigerian jurists who during their lifetime made monumental contributions to the development of the law. One of such jurists was the late Professor Jadesola Akande. Topics of previous lectures traditionally focused on constitutional law and the rights of vulnerable groups. This year’s lecture which examines the Juvenile Justice System in Nigeria is delivered by Professor Oluyemisi Bamgbose, a Professor of Criminal Law, Crimin...
ABSTRACT This work considers two aspects of consumer law namely, substantive and practical protection of human rights.
ABSTRACT The parliament, as one of the institutions of democracy, is unique. For democracy to take root, citizens need ways to make their voices heard and incorporated into policy decisions. Parliaments provide such ways to articulate popular will. They serve as the peoples’ branch of government alongside the executive and the judicial branches as necessary institutions for democratic good governance. Parliaments in Africa face enormous capacity challenges, especially in countries where a s...
ABSTRACT This study aims at highlighting the plight of Internally Displaced Persons (IDPs), the grave violations of human rights they are victims of and the multiple difficulties they find themselves in for being forcibly displaced, on the one hand, and the absence of internationally recognized legal instruments on the rights of IDPs and institution with the specific mandate of protection and assistance to internally-displaced persons (IDPs), on the other hand. This work focuses on Cote d’I...