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...
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...
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 st...
ABSTRACT Court-connected Alternative Dispute Resolution (CCADR) or Multi Door Courthouse (MDC), adopted by two Nigerian States and the Federal Capital Territory, is the integration of Alternative Dispute Resolution (ADR) into the court system to facilitate access to justice. Several studies have examined the operations of the three MDCs in Nigeria, but studies on their practice and procedure in Nigeria compared with those in the United States of America (USA) and the United Kingdom (UK) have...
ABSTRACT Court-connected Alternative Dispute Resolution (CCADR) or Multi Door Courthouse (MDC), adopted by two Nigerian States and the Federal Capital Territory, is the integration of Alternative Dispute Resolution (ADR) into the court system to facilitate access to justice. Several studies have examined the operations of the three MDCs in Nigeria, but studies on their practice and procedure in Nigeria compared with those in the United States of America (USA) and the United Kingdom (UK) have...
ABSTRACT The National Nuclear Research Institute of the Ghana Atomic Energy Commission (GAEC) has over 16 years experience and good safety record in operating a 30kW Chinese-built tank-in-pool Miniature Neutron Source Reactor for research since 1995. Ghana however does not have a nuclear power plant. In 2007, Ghana officially expressed to the IAEA an interest in deploying a nuclear power plant to form part of the electricity grid to assist her achieve economic growth targets. Nuclear power re...
This study is embarked upon to ascertain the viability of state police in Nigeria and whether a state police model would be the antidote for effective policing in Nigeria. The study examines the policing system in Nigeria and the advocacy for change in how the country is being policed, this is against the backdrop of the centralized structure of the Nigeria Police Force(NPF) and the increased waning of confidence in its ability to effectively control the upsurge of violent crimes across the c...
There has been arguments as to the existence of any form of Law in Africa before colonization by some authors like Driberg, Holleman, Smith and hosts of other; who denied the existence of African Philosophy of Law on the one part and others like Elias, Idowu and some other African authors; who had favourably argued the existence of African Philosophy of Law on the other part. This study intends to support the view of African authors that there exists African Philosophy of Law in Traditional...
In Nigeria today the only types of anti-discrimination laws under the constitution or any other statute are discrimination based on gender, disability, religion and ethnicity; there is currently no law preventing age discrimination. The United Kingdom in 2006 enacted the Employment Equality (Age) Regulations then the Equality Act of 2010. This acts prevents discrimination based on Age, Disability, Gender reassignment, Marriage and Civil Partnership, Pregnancy and maternity, Race, Religion o...
ABSTRACTTOPIC: Customary law rule of primogeniture and its discriminating effects on women’s inheritance right in Nigeria: A call for reformation.BODY:The patterns of inheritance particularly intestate estate under the customary law in Nigeria , have almost as many variations as there are ethnic groups in the country and many of the variations are discriminatory in practice. The perception of many societies in Nigeria that women are inferior to men adversely affects women’s right of inher...