ISSN: 1996-2207
Affiliations: University of Johannesburg
Source: Tydskrif vir die Suid-Afrikaanse Reg, Issue 1, 2022, p. 205-206
https://doi.org/10.47348/TSAR/2022/i1a12
None
ISSN: 1996-2207
Affiliations: University of Johannesburg
Source: Tydskrif vir die Suid-Afrikaanse Reg, Issue 1, 2022, p. 206-208
https://doi.org/10.47348/TSAR/2022/i1a13
None
ISSN: 1996-2207
Affiliations: University of Johannesburg
Source: Tydskrif vir die Suid-Afrikaanse Reg, Issue 1, 2022, p. 208-212
https://doi.org/10.47348/TSAR/2022/i1a14
None
ISSN: 2521-2605
Affiliations: PhD (Manchester), LLM (Manchester), BL, LLB (Nigeria), Senior Lecturer in Law, Faculty of Law, University of Nigeria, Enugu Campus
Source: Journal of Comparative Law in Africa, Volume 8 Issue 2, p. 1 – 31
https://doi.org/10.47348/JCLA/v8/i2a1
China’s Belt and Road Initiative (BRI) is expected to link the world to a gigantic trade and investment corridor, with China at the centre of the new multilateralism. Since its announcement in 2013, China has taken significant steps to actualise its vision through massive investment in infrastructure in the belt-road regions supported by Chinese financial institutions, including the Asian Infrastructure Investment Bank (AIIB). Critics argue that BRI is a covert means for China to exert greater influence on the global trade and investment landscape but China has countered this. Nevertheless, emerging evidence indicates that, beyond the promotion of trade and investment, China is using BRI to export overcapacity, internationalise renminbi, promote cultural diplomacy, secure resources and redefine the global order. Hence, African countries stand in danger of neocolonialism unless they optimise the partnership with China to foster a win-win situation. In particular, African countries must recognise the significance of deft management of unsustainable Chinese loans that may entrap them in future, embedding more transparency in contract bidding for infrastructure investment, insisting on capacity building and skill spillovers and ensuring that transnational dispute settlement with Chinese enterprises is adjudicated in a neutral venue, if African courts lack the jurisdiction to entertain the matter.
ISSN: 2521-2605
Affiliations: LLM, LLB (UNIBEN), PhD (UCT, Cape Town), Senior Lecturer, University of Venda, Thohoyandou, Limpopo Province, South Africa; LLM (Hertfordshire), LLB, Research Fellow, Nigerian Institute of Advanced Legal Studies (NIALS)
Source: Journal of Comparative Law in Africa, Volume 8 Issue 2, p. 32 – 62
https://doi.org/10.47348/JCLA/v8/i2a2
Conducted as a desk research, this paper examines the interface between copyright and succession laws, the notion of testamentary freedom, its limitations and justification for its restriction. The paper draws on this examination to discuss the freedom of authors to dispose their copyright under testate and intestate arrangements, and posthumously control the use of their works under the Nigerian Copyright Act. Following this discussion, the paper identifies and examines the relevant provisions of the Copyright Act that can limit the capacity of authors to posthumously control the use of their works in Nigeria. The paper contends that authors’ liberty to transfer their copyright by testamentary disposition or operation of law, and control the use of their works posthumously, without public interest friendly limitations, can create an imbalance within the copyright system. This paper addresses the issues of whether public interest objectives may be achieved through the limitation in the extant Copyright Act, especially given the propensity for copyright misuse by authors in death, as well as during their lifetime, and what policy options may align the public interest with authors’ posthumous control of copyright. In resolving these questions, the paper draws on instances of copyright misuse in the United States of America (USA) and South Africa and situates them within the Nigerian context to shed light on the issues discussed.