Book Review: To Catch a Dictator: The Pursuit and Trial of Hissène Habré by Reed Brody (2022) Columbia University Press, 296 pp

Book Review: To Catch a Dictator: The Pursuit and Trial of Hissène Habré by Reed Brody (2022) Columbia University Press, 296 pp

by | Nov 19, 2022 | AYIH, AYIH 2021

Book Review: To Catch a Dictator: The Pursuit and Trial of Hissène Habré by Reed Brody (2022) Columbia University Press, 296 pp

Author: Mia Swart

ISSN: 2521-2621
Affiliations: Senior Lecturer in Human Rights Law, Edge Hill University; Visiting Professor, School of Law, University of the Witwatersrand
Source: African Yearbook on International Humanitarian Law, 2021, p. 191 – 195
https://doi.org/10.47348/AYIH/2021/a8

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Swart, M
Book Review: To Catch a Dictator: The Pursuit and Trial of Hissène Habré by Reed Brody (2022) Columbia University Press, 296 pp
African Yearbook on International Humanitarian Law, 2021, p. 191 – 195
https://doi.org/10.47348/AYIH/2021/a8

Abstract

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Contentious issues on Value-Added Tax and Sales Tax in Nigeria: A review of conflicting court decisions

by | Oct 30, 2022 | JCCL, JCCL V7 I2

Contentious issues on Value-Added Tax and Sales Tax in Nigeria: A review of conflicting court decisions

Author: Doris Dakda Aaron

ISSN: 2521-2575
Affiliations: Research Fellow, National Institute for Legislative and Democratic Studies, National Assembly, Abuja
Source: Journal of Corporate and Commercial Law & Practice, Volume 7 Issue 2, 2021, p. 1 – 15
https://doi.org/10.47348/JCCL/V7/i2a1

Abstract

Taxation is a universal means of revenue generation by governments worldwide. It is the oldest form of revenue generation. Many countries rely on taxes as an avenue for revenue generation to foster development and improve the welfare of their citizens. There are different types of taxes computed in line with the tax policies of individual countries. Nigeria, like many other countries, relies on taxes alongside other sources of revenue for its recurrent and capital expenditure. The various taxes in Nigeria include value-added tax (VAT), sales tax, company income tax and personal income tax. This article looks at contentious issues arising from the implementation of VAT and sales tax in Nigeria. The article adopts doctrinal methodology by reviewing case law and tax legislation, and using a comparative analysis approach. The article considers the provisions of the law and their applicability in the Nigerian federal system of government. The article also considers the powers of the federal and the state governments in respect of VAT and sales tax. The article finds that a major challenge in the implementation of VAT and sales tax in Nigeria is the debate between the states and the federal government of Nigeria about which tier of government has power over VAT and sales tax. The article recommends that states should be allowed to have power over VAT and sales tax alongside the federal government, as occurs in other federal settings. In addition, the end users of most consumable items are domiciled in the various states of Nigeria.

The African Continental Free Trade Area Agreement: Aiding Intra-African trade towards deeper continental integration

by | Oct 30, 2022 | JCCL, JCCL V7 I2

The African Continental Free Trade Area Agreement: Aiding Intra-African trade towards deeper continental integration

Authors: Dennis Zaire & Tapiwa Victor Warikandwa

ISSN: 2521-2575
Affiliations: Senior Programme Manager, Konrad Adenauer, Namibia – PhD Candidate, School of Law, University of Namibia; Senior Lecturer, School of Law, University of Namibia
Source: Journal of Corporate and Commercial Law & Practice, Volume 7 Issue 2, 2021, p. 16 – 44
https://doi.org/10.47348/JCCL/V7/i2a2

Abstract

The signing of the African Continental Free Trade Area Agreement (AfCFTA) reflected many years of hard work by the continent’s forefathers who include Kwame Nkrumah of Ghana, Julius Nyerere of Tanzania, Jomo Kenyatta of Kenya, Kenneth Kaunda of Zambia, Patrice Lumumba of Congo, Robert Mugabe of Zimbabwe and Frantz Fanon of Algeria, but to mention a few. The AfCFTA also depicts the novel work of the Organisation of African Unity (OAU), and later the African Union (AU), towards shaping a vision of continental integration, embedded in the vision of the African Economic Community (AEC), a by-product of the Abuja Treaty. Vision 2030 and the long-term continental vision of Agenda 2063: ‘The Africa We Want’ are also designed to contribute towards deeper and successful continental integration. However, by now the excitement over the AfCFTA signing has subsided. For each member state, the reality of being an AfCFTA party has started to sink in. Some member states have expressed concern and fear over problems such as opening their markets and accepting continental competition, allowing free movement of persons and trade across borders. Others find it too expensive to deal with the internal political fallout from their populace’s scepticism regarding the agreement’s effects on jobs (due to increased competition) and livelihoods. This article examines the AfCFTA to determine its impact and related advantages in respect of continental trade policies. It discusses the advantages of the AfCFTA and its potential challenges.

A social security perspective of employees’ compensation law in Nigeria

by | Oct 30, 2022 | JCCL, JCCL V7 I2

A social security perspective of employees’ compensation law in Nigeria

Author: Kehinde Anifalaje

ISSN: 2521-2575
Affiliations: Lecturer, Faculty of Law, University of Ibadan
Source: Journal of Corporate and Commercial Law & Practice, Volume 7 Issue 2, 2021, p. 45 – 82
https://doi.org/10.47348/JCCL/V7/i2a3

Abstract

The article examines the adequacy of the Employees’ Compensation Act of 2010 of Nigeria in respect of coverage, financing, entitlement to compensation and benefit structures through the prism of social security and in light of the International Labour Organization’s minimum standards as set out in the relevant Conventions on social security, and comparative best practices. It is argued that the Act marks an important milestone in the annals of work injury compensation in Nigeria, especially given the conversion of the erstwhile individual employer-liability scheme into a social insurance scheme, the expansion of coverage and the extension of the scope of entitlement to benefits that were previously unavailable in the repealed Workmen’s Compensation Act of 1987. Drawing lessons from some common-law jurisdictions, including the United Kingdom, the article highlights some other pertinent issues which need to be addressed to further improve the safety net currently provided for victims of work-related injuries and their dependants, especially the provision of a minimum level of benefits in the form of income support for low-income earners. In conclusion, appropriate reform proposals are suggested.

A comparative analysis of the approaches to trade secrets protection between Namibia and the USA

by | Oct 30, 2022 | JCCL, JCCL V7 I2

A comparative analysis of the approaches to trade secrets protection between Namibia and the USA

Authors: Johannes A. Iitembu & Lineekela Usebiu

ISSN: 2521-2575
Affiliations: Senior Lecturer, Department of Fisheries and Ocean Sciences, University of Namibia; Senior Lecturer, School of Law, University of Namibia
Source: Journal of Corporate and Commercial Law & Practice, Volume 7 Issue 2, 2021, p. 83 – 100
https://doi.org/10.47348/JCCL/V7/i2a4

Abstract

The adequacy of trade secret protection is one of the key pillars for promoting domestic and foreign-derived innovations. Therefore, various countries have chosen varying approaches that they deem adequate to protect the trade secrets of their citizens and foreigners. This article compares the approaches to protecting trade secrets in Namibia and the United States of America (USA). The analysis demonstrates that the USA approach better protects trade secrets, whether domestic or foreign, as it removes many uncertainties and brings simplicity and uniformity to litigating trade secrets issues, including clarity on available civil or criminal remedies. For members of the World Trade Organization (WTO), having an adequate statute for the protection of trade secrets also removes the weakness of the Trade-Related Aspects of Intellectual Property Rights (TRIPS), which only requires that members enforce IPR through domestic law enforcement in the member state. Developing nations, like Namibia, can therefore adopt a statutory approach as applied in developed nations like the USA. Adequate protection of trade secrets will not only increase domestic innovation but may also lead to ease of collaboration with developed nations in innovation-related projects.

Unveiling the contemporary arbitration regime in Tanzania: Anecdotes worth sharing, prospects and challenges

by | Oct 30, 2022 | JCCL, JCCL V7 I2

Unveiling the contemporary arbitration regime in Tanzania: Anecdotes worth sharing, prospects and challenges

Authors: Hassan Kimela & Julius Cosmas

ISSN: 2521-2575
Affiliations: Tutorial Assistant, LLM Candidate, Faculty of Law, Mzumbe University; Senior Lecturer in Law, Mzumbe University
Source: Journal of Corporate and Commercial Law & Practice, Volume 7 Issue 2, 2021, p. 101 – 121
https://doi.org/10.47348/JCCL/V7/i2a5

Abstract

This article critically discusses the new changes brought about by Tanzania’s new Arbitration Act of 2020 of Tanzania and its regulations and their implications for domestic and international arbitration and other related laws. The article finds that the establishment of the Tanzania Arbitration Centre; the requirement for accreditation of arbitrators; the introduction of a code of conduct for arbitrators; the ability of international arbitral tribunals to arbitrate investor–state disputes; the introduction of qualified immunity; and clarification of other grey areas are a long-awaiting milestone. The article also argues that the changes will have enormous and far-reaching implications on the arbitration framework in Tanzania, including propelling crossborder commerce and investments. It is further argued that despite its prospect, some areas in the novel arbitration regime need to be revisited to create a more credible framework for both international and domestic arbitration.

A critical review of the powers and duties of the Namibian Law Society in respect of legal practitioners’ conduct

by | Oct 30, 2022 | JCCL, JCCL V7 I2

A critical review of the powers and duties of the Namibian Law Society in respect of legal practitioners’ conduct

Author: Marvin R. Awarab

ISSN: 2521-2575
Affiliations: Lecturer, School of Law, University of Namibia
Source: Journal of Corporate and Commercial Law & Practice, Volume 7 Issue 2, 2021, p. 122 – 133
https://doi.org/10.47348/JCCL/V7/i2a6

Abstract

Legal practitioners practising in any jurisdiction, including Namibia, are bound by the provisions of the enabling legislation. In the Namibian context, legal practitioners operate under the Legal Practitioners Act 15 of 1995 read together with the Rules of the Law Society of Namibia. The Law Society of Namibia has the mandate to ensure that the legal practitioner’s conduct is in line with the law and to investigate allegations of any legal practitioner’s breach of duty. All legal practitioners operating in private practice have a legal obligation to open and operate two bank accounts, namely a business bank account and a trust bank account. Any violation of the law in respect of the keeping of business and trust bank accounts may invite s 31 consequences. This article therefore provides a critical review of the powers and duty of the Law Society in intercepting legal practitioners’ trust accounts. Furthermore, the article provides an overview of the statutory-based conduct of legal practitioners in managing trust accounts and the functionality of the Namibian Law Society Fidelity Fund.

Evaluation of the cause-and-effect relationship of internal controls on financial reporting in the Ministry of Health and Social Services, Namibia

by | Oct 30, 2022 | JCCL, JCCL V7 I2

Evaluation of the cause-and-effect relationship of internal controls on financial reporting in the Ministry of Health and Social Services, Namibia

Authors: Tariro Chata & Lillian Pazvakawambwa

ISSN: 2521-2575
Affiliations: Faculty of Commerce, Management & Law, School of Accounting, University of Namibia; Faculty of Agriculture, Engineering & Natural Science, Department of Computing, Mathematical & Statistical Sciences, University of Namibia
Source: Journal of Corporate and Commercial Law & Practice, Volume 7 Issue 2, 2021, p. 134 – 151
https://doi.org/10.47348/JCCL/V7/i2a7

Abstract

This article evaluates the effect of the internal control environment on the quality of financial reporting in the Ministry of Health and Social Services (MOHSS) in Namibia. The Internal Control- Integrated Conceptual Framework of the Committee of Sponsoring Organizations (COSO) of the Treadway Commission was applied as the standard of measurement against the variable internal control, and the Conceptual Framework for Financial Reporting of the International Financial Reporting Standards (IFRS) was used to measure the qualitative characteristics of the financial reporting process. A mixed research method was used to evaluate the cause and effect relationship between the key variables and to measure the perceptions of the respondents on the quality of the financial report. Probability sampling techniques were used on the 269 staff members of the MOHSS, and data were analysed using both descriptive and inferential statistics, using the SPSS software programme. The validity and reliability of data were computed using Cronbach’s Alpha. The results of the study indicated that there is a positive relationship between the key variables although it is weak. Therefore, the study recommends the strengthening of governance systems to improve the safeguarding of financial resources.

The challenges of anti-competitive practices and consumer protection in Nigeria

by | Oct 30, 2022 | JCCL, JCCL V7 I2

The challenges of anti-competitive practices and consumer protection in Nigeria

Authors: Eric Omo Enakireru & Ogaga Wilson Ekakitie

ISSN: 2521-2575
Affiliations: Senior Lecturer, Department of Jurisprudence and International Law, College of Law, Western Delta University, Oghara, Delta State, Nigeria; Senior Lecturer, Department of Jurisprudence and International Law, College of Law, Western Delta University, Oghara, Delta State, Nigeria
Source: Journal of Corporate and Commercial Law & Practice, Volume 7 Issue 2, 2021, p. 152 – 167
https://doi.org/10.47348/JCCL/V7/i2a8

Abstract

This article critically examines the concepts and the challenges of price mechanisms, anti-competitive practices and consumer protection in Nigeria, and considers ways of promoting and protecting the interests of consumers in respect of products and services. The article evaluates and defines the concept of price mechanisms, and the concept of the consumer who needs to be protected. It discusses anticompetitive practices, such as monopolies, mergers and acquisitions, and restrictive trade practices, resale price maintenance agreements, misleading advertising, false sales and market values. It considers the protection of consumers and the legal frameworks applicable to the subject. In conclusion, the article recommends appropriate measures and a proactive, pragmatic approach to tackling the menace of false market sales and restrictive trade practices by calling on stakeholders and the government to regulate monopolies, mergers and uncompetitive business practices which are detrimental to the interests of the consumer. It calls for controls and restrictions on unfair trade practices and appropriate sanctions so that those who persistently prejudice consumers in this way are brought to book.

An assessment of the success of the Convention on Choice of Court Agreements 2005 as an instrument of transnational commercial dispute resolution

by | Oct 30, 2022 | JCCL, JCCL V7 I2

An assessment of the success of the Convention on Choice of Court Agreements 2005 as an instrument of transnational commercial dispute resolution

Author: Samuel Maireg Biresaw

ISSN: 2521-2575
Affiliations: Lecturer, School of Law, Debre Tabor University
Source: Journal of Corporate and Commercial Law & Practice, Volume 7 Issue 2, 2021, p. 168 – 198
https://doi.org/10.47348/JCCL/V7/i2a9

Abstract

The Convention on Choice of Court Agreements (Convention), which was developed by the Hague Convention on Private International Law (HCCH) is a transnational litigation instrument adopted in 2005 and brought into force in 2015. By providing the required methods and tools to disputants in a commercial relationship, the objective of the Convention is to create an internationally uniform legal framework of dispute resolution that promotes cross-border trade and encourages judicial cooperation by recognising and enforcing foreign judgments that are given based on a choice of court agreement. This article assesses the existing successes of the Convention in achieving its specific commercial objectives, and considers whether it has been generally successful in transnational commercial dispute resolution. The article argues that the Convention has the tools needed to achieve its specific commercial objectives, and its success in this regard depends on the parties who choose to apply the tools provided in the Convention to resolve their commercial disputes by signing a choice of court agreement to that effect. I argue that although the Convention remained generally unsuccessful until 2015, due to its late enforcement and low rate of ratifications, since 2015 it has gradually become a success story as more states are ratifying the Convention. The future therefore looks bright.