ABSTRACT The board of directors of a company is a very important organ not only responsible for management but also for adopting good corporate governance and practice in the company. This paper discussed and analyzed with the aid of comparative law, the Code of Corporate Governance in Nigeria and its effect on the board structure, the role, effectiveness and duties of the non-executive directors (NEDs) and how their independence can be assured, guaranteed and monitored to enhance the board�...
ABSTRACT The term whistle blower has been connected to U.S. Civic Activist Ralph Nader who was said to have put ―a positive spin on the term in the early 1970s to avoid the negative connotations found in other words such as ―informer‖ and ―snitch‖1.‖2 In the 19th century, whistle-blowing was attached to law enforcement agents who use whistle as a means of alerting the public or other policemen of illegality.3 The term has also been related to sport referees in sports events who us...
ABSTRACT The human society is dynamic, interrelated and ever growing and advancing in every ramification. The rule of the jungle where the fittest and the fiercest is in charge cannot be tolerated if there is going to be anything like civilisation. Yet human nature itself breeds oppression of the weak by the strong - while the evolution of the state itself has to do with protection of the weak from the oppressive tendencies of the strong. The quest for justice and protection brought the law a...
Abstract Mergers and acquisitions have gained so much currency and acceptance worldwide that many countries have embraced them in the promotion of their economy, especially in the banking industry. Nigeria however, is not left out among countries that are involved in mergers and acquisitions. Mergers and acquisitions in the banking industry have highly protected both the depositors and bank workers in the event of a bank going into liquidation the depositors would not lose entirely. Bank wor...
ABSTRACT This study enquires into the choices to be made when selecting and implementing a reform model for the electricity industry. It argues that the appropriate reform model depends on the circumstances in the considered jurisdiction. Especially in small and less developed electricity systems a dilemma may emerge: the technical circumstances suggest the implementation of a model with few competitive elements, whereas political circumstances urge for a competition-oriented model. Hence, e...
ABSTRACT Namibia which forms part of the Southern African Development Community (SADC)
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...