Green diplomacy in action: navigating international law for Kenya’s sustainable aviation fuel transition

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Green diplomacy in action: navigating international law for Kenya’s sustainable aviation fuel transition

Authors: Irene Maithya, William Kiema

ISSN: 2521-2605
Affiliations: Bachelor of Laws (Moi University, Kenya), Master of Laws (University of Pretoria, South Africa), currently a Doctor of Laws (LLD) Candidate at Strathmore University, Kenya. Advocate of the High Court of Kenya and Lecturer in Law at Moi University, Kenya; Bachelor of Laws (University of Nairobi, Kenya), Master of Laws (University of Cape Town, South Africa), Doctorate in Air Law (University of Cape Town). Advocate of the High Court of Kenya
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 140–169
https://doi.org/10.47348/JCLA/v12/i2a5

Abstract

The aviation industry’s significant carbon footprint necessitates the urgent adoption of sustainable practices. Kenya’s sustainable aviation fuel (SAF) initiatives emerge as a pioneering model within this context, demonstrating a blend of environmental innovation and strategic green diplomacy. This paper analyses Kenya’s strategic engagement with the International Civil Aviation Organization’s (ICAO) Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) mechanism and bilateral partnerships to overcome the financial and technical barriers associated with the deployment of sustainable aviation fuel (SAF). Unlike most previous studies that have focused on transitions in the Global North, the current paper focuses on revealing how Kenya employs multilateral platforms and approaches to overcome barriers and negotiate financial and technological support suitable for the African context. The study argues that Kenya adopts a developmental green diplomacy approach, allowing itself to balance its international commitments with industrialisation agendas through strategies such as coalition building with other nations from the Global South in ICAO negotiations, aligning SAF policies with regional frameworks, and creating investment incentives through bilateral air service agreements. The paper demonstrates how Kenya is reshaping the global aviation climate even though it is excluded from the Paris Agreement’s direct mandates.

Rethinking the concurrency of legislative competence on the freedom of information law of Nigeria

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Rethinking the concurrency of legislative competence on the freedom of information law of Nigeria

Authors: President Ewemade Aigbokhan, Osaretin George Izevbuwa, Rita Abhavan Ngwoke

ISSN: 2521-2605
Affiliations: PhD Candidate, College of Law, Igbinedion University; Professor & Dean, College of Law, Igbinedion University; Associate Professor, College of Law, Igbinedion University
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 170–198
https://doi.org/10.47348/JCLA/v12/i2a6

Abstract

The scope of concurrent legislative powers under Nigeria’s Freedom of Information Act (FOIA) 2011 has generated sustained controversy, reflected in a series of judicial decisions marked by inconsistency and uneven enforcement. This paper interrogates the intersection of federal and state legislative authority over the FOIA. Adopting a doctrinal methodology, the study traces the historical evolution of the FOIA, analyses judicial interpretations of its applicability, and situates these within the constitutional framework governing concurrent legislative powers. It highlights how federal supremacy and state resistance have produced legislative anarchy, often to the detriment of citizens’ access to information. Comparative insights are drawn from the United States and Kenya, whose federal systems offer more coherent models of concurrency and cooperative governance. The paper argues that Nigeria requires clearer constitutional delineation and judicial fidelity to textual interpretation to avert legislative anarchy. It recommends that State Houses of Assembly confine themselves to procedural frameworks that facilitate implementation rather than enacting duplicative or conflicting statutes.

Quel régime pour l’imprévision en droit Mauricien des contrats ? Les leçons à tirer de la réforme du droit Français des obligations en 2016

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Quel régime pour l’imprévision en droit Mauricien des contrats ? Les leçons à tirer de la réforme du droit Français des obligations en 2016

Author: Goran Georgijevic

ISSN: 2521-2605
Affiliations: Senior Lecturer (Civil Law), Law Department, Faculty of Law and Management, University of Mauritius
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 199–219
https://doi.org/10.47348/JCLA/v12/i2a7

Abstract

The general rule on unforeseeability, incorporated into Article 1195 of the French Civil Code, is relatively new, dating back only to 2016. The doctrinal and jurisprudential position in France concerning the theoretical justification of this institution, its imperativeness, the conditions for taking unforeseeability into account, and the reaction of the law to it can be a rich source of learning for the Mauritian legislator when the time comes to regulate contractual unforeseeability in the Mauritian Civil Code.

La protection juridique des personnes handicapées en matière de droit du travail au Cameroun : entre inclusion et exclusion

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

La protection juridique des personnes handicapées en matière de droit du travail au Cameroun : entre inclusion et exclusion

Author: Hako Mbouendeu Marie Solange

ISSN: 2521-2605
Affiliations: Enseignante au département de droit privé fondamental de la faculté des sciences juridiques et politiques de l’Université de Douala-Cameroun
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 220–245
https://doi.org/10.47348/JCLA/v12/i2a8

Abstract

People with disabilities, like all human beings, have the right to dignity and to enjoy a full life, including the right to work. Their legal protection in terms of labour law in Cameroon lies somewhere between inclusion and exclusion. The Cameroonian legislature has adopted a policy of positive discrimination in favour of persons with disabilities, consisting of preferential measures in terms of recruitment and job retention. The intended effect is to restore the balance between able-bodied and disabled workers, most of whom have had a difficult educational background. However, in Cameroon, as in several sub-Saharan African countries, the government’s objectives of economic emergence and the creation of a more just and inclusive society are struggling to materialise; the experiences of persons with disabilities, affected by challenges and vulnerabilities, illustrate this. The reality regarding the protection of persons with disabilities in labour law is sad. Beyond the texts, which enshrine the commendable efforts of Cameroonian legislators, the implementation of this policy is limited, if not non-existent in practice. In short, the inclusive professional integration of persons with disabilities seems to have a long way to go.

Opinion: rethinking PFPAD: reflections from the third general session, for the African diaspora

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Opinion: rethinking PFPAD: reflections from the third general session, for the African diaspora

Author: Chinaza K. Asiegbu

ISSN: 2521-2605
Affiliations: J.D. 2025, Harvard Law School; Graduate Associate, Centre for History and Economics, Harvard University; Fellow, Human Rights Program, Harvard Law School
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 246–272
https://doi.org/10.47348/JCLA/v12/i2a9

Abstract

Emerging from a legacy of United Nations interventions on racism dating back to 1950, the Permanent Forum for People of African Descent (PFPAD) is a freshly minted mechanism, established in 2021. Despite its promise, and perhaps because of its novelty, PFPAD risks undermining the well-founded hopes invested in it: namely, due to a lack of a clear mission. Drawing on participant observation at the Third General Session, this article presents a critical legal and institutional analysis, arguing that the Forum remains caught in a cycle of performative politics, elite disconnection, and institutional inertia – epitomised by the ratification of a Second International Decade for People of African Descent. The analysis further identifies a diaspora gap, analysing the counter-productive dissociation between African and African-descendant identities which sidelines the continent and fractures pan-African solidarity. To realise its potential, the article contends, PFPAD must pivot from symbolism to substance by prioritising a single, concrete legal objective: the completion of the Declaration on the Human Rights of People of African Descent. This process is currently hampered by a procedural disconnect between the drafting Intergovernmental Working Group and the Forum’s public general sessions. Finally, the article advances a three-part blueprint for the PFPAD to build public value: 1) reconceptualising reparations as sustainable capacity-building rather than a onetime payout; 2) grounding PFPAD’s work in local action, including relocating its sessions to Africa and the Caribbean; and 3) leveraging comparative regional legal models, from CARICOM to the AfCFTA, to create a self-reliant, legally fortified, and truly unified global African diaspora.

Whose Work is it Anyway? Artificial Intelligence, Copyright and Authorship: A Brief Consideration of AI’s Impact on Copyright

by | Feb 14, 2026 | SAIPLJ, SAIPLJ 2025

Whose Work is it Anyway? Artificial Intelligence, Copyright and Authorship: A Brief Consideration of AI’s Impact on Copyright

Author Ciresh Singh

ISSN: 2521-2591
Affiliations: Associate Professor, University of South Africa
Source: South African Intellectual Property Law Journal, 2025, p. 1-24
https://doi.org/10.47348/SAIPL/v13/i1a1

Abstract

As we enter the Fifth Industrial Revolution, the exponential growth of technology has infiltrated all aspects of human life. From an intellectual property (IP) perspective, technology and artificial intelligence (AI) is now being used to produce various works, such as literary, artistic and musical items. IP has always been an umbrella term to describe products of the ‘human intellect’. It is thus debatable whether a work created with AI, as opposed to ‘human intelligence’ is subject to IP protection. In South Africa, for copyright to subsist in a work, it must be original, exist in a material form, and be ‘authored’ by the ‘qualified person’ or published in South Africa or a Berne Convention State. The question arises who is the author of a work produced from AI? Is it a human, or is it a computer program, and is such a work deserving of copyright protection? Several courts in the United States of America have considered this question and have held that works created by AI are not subject to copyright, as it lacks ‘human authorship’. Similarly, the United States Copyright Office has rejected copyright applications for works created by AI. Across the pond, the United Kingdom has taken a different view and has adopted the approach of protecting works derived from AI.
In South Africa, the position is unclear, and our courts have yet to consider the issue of whether copyright subsists in an AI-generated work. As the use of AI grows domestically and internationally, clear rules need to be established to govern this sector of IP, in particular, to what extent, if any, works produced from AI derive copyright. Accordingly, laws may need to be developed to appropriately determine the amount of human input and intellect required to qualify the user of an AI-generated product as the author of such a work, and the scope of protection for such works. The time may have arrived for IP laws, or the law in general, to be re-examined and developed to regulate, incentivise and protect future AI innovations and creations.

Copyright in the Nigerian Digital Environment and the Infringement of Musical Works on Social Media: A Case Study of YouTube

by | Feb 14, 2026 | SAIPLJ, SAIPLJ 2025

Copyright in the Nigerian Digital Environment and the Infringement of Musical Works on Social Media: A Case Study of YouTube

Authors Ifeoma Ann Oluwasemilore and Ifeoluwa Hannah Solarin

ISSN: 2521-2591
Affiliations: Associate Professor, Department of Commercial and Industrial Law, Faculty of Law, University of Lagos, Nigeria; Researcher, Faculty of Law, University of Lagos, Nigeria
Source: South African Intellectual Property Law Journal, 2025, p. 25-49
https://doi.org/10.47348/SAIPL/v13/i1a2

Abstract

This paper investigates the extent to which copyright law protects musical works in Nigeria’s online environment, with a specific focus on YouTube. Utilising a doctrinal qualitative research method, it draws data from both primary and secondary legal sources. The research pinpoints weaknesses in the Nigerian Copyright Act of 2022 concerning digital infringement of musical works. A major finding is that the Act closely mirrors the Digital Millennium Copyright Act (DMCA) without adequately considering the distinctive features of Nigeria’s music industry and digital copyright challenges. The study argues for amendments to the Act’s provisions on online content to better reflect the realities of the digital landscape and the local music sector, calling for targeted legal reforms.

Governing Green Innovation at the Margins: The Role of Intellectual Property in Egypt’s Sustainable Transition

by | Feb 14, 2026 | SAIPLJ, SAIPLJ 2025

Governing Green Innovation at the Margins: The Role of Intellectual Property in Egypt’s Sustainable Transition

Author Khadiga Hassan

ISSN: 2521-2591
Affiliations: Research Associate, Access to Knowledge for Development Center (A2K4D), Onsi Sawiris School of Business, American University in Cairo (AUC), Egypt
Source: South African Intellectual Property Law Journal, 2025, p. 50-72
https://doi.org/10.47348/SAIPL/v13/i1a3

Abstract

This article examines the relationship between intellectual property (IP) and green innovation in Egypt, a nexus that remains underexplored in African IP scholarship despite its relevance for a sustainable transition. The study aimed to evaluate the extent to which the current IP system can incentivise the development and diffusion of green technologies in Egypt. Drawing on policy analysis, an expert interview and a biotechnology case study, it assesses how IP structures shape the scaling of clean technology ventures. The findings indicate that weak enforcement, institutional fragmentation and the absence of targeted green patent mechanisms limit the incentive function of IP for environmentally beneficial innovation. The analysis also shows that complementary IP tools, such as utility models and trademarks, can support technology diffusion in resource-constrained contexts. The study concludes that context-appropriate IP reform, integrated with broader innovation and financing strategies, is essential for enabling Egypt’s sustainable transition and offers lessons for other African jurisdictions.

Compulsory Patent Licensing and the South African Patents Act: Navigating the Challenges and Exploring Reform Options

by | Feb 14, 2026 | SAIPLJ, SAIPLJ 2025

Compulsory Patent Licensing and the South African Patents Act: Navigating the Challenges and Exploring Reform Options

Author JAD Peÿper

ISSN: 2521-2591
Affiliations: Director in Legal Services, University of South Africa
Source: South African Intellectual Property Law Journal, 2025, p. 73-91
https://doi.org/10.47348/SAIPL/v13/i1a4

Abstract

This article critically examines the practical failure of South Africa’s compulsory patent licensing regime to address abuses of patent rights under s 56 of the Patents Act 57 of 1978. Despite the statutory grounds for relief, compulsory licensing has remained largely inaccessible in practice, with every reported application since 1978 proving unsuccessful. The article identifies the key structural and procedural barriers that deter or defeat applicants, including excessive evidentiary burdens on ‘interested persons’, the absence of working-disclosure obligations on patentees, the treatment of essential commercial information as confidential, and the rigid requirement that all matters be heard before the Commissioner of Patents. It further shows how judicial interpretation has raised the threshold for relief by requiring proof of public harm even where the Patents Act appears to provide per se grounds of abuse, thereby weakening compulsory licensing as a corrective tool. The article ultimately proposes targeted legislative and procedural reforms aimed at restoring compulsory patent licensing as a viable mechanism for curbing patent abuse, improving transparency and evidentiary access, and aligning the patent system with its public interest function. While TRIPS flexibilities provide contextual support for domestic reform, they are not the central focus of this analysis.

Assignment of Invention Affecting Patent Validity – South Africa

by | Feb 14, 2026 | SAIPLJ, SAIPLJ 2025

Assignment of Invention Affecting Patent Validity – South Africa

Authors Dr Madelein Kleyn and Janusz Luterek

ISSN: 2521-2591
Affiliations: Patent Attorney Chief Legal and IP Officer, Omnisient RF (Pty) Ltd, South Africa and CEO Mad K IP Consulting (Pty) Ltd, Research Fellow, Anton Mostert Chair of IP, Commercial Law Department of Stellenbosch University, South Africa; Patent attorney and director, Hahn & Hahn Inc, South Africa
Source: South African Intellectual Property Law Journal, 2025, p. 92-110
https://doi.org/10.47348/SAIPL/v13/i1a5

Abstract

This article examines the assignment of inventions and the consequent validity of patent applications under South African law, focusing on entitlement to apply for a patent and compliance with s 27 of the Patents Act 57 of 1978.
There has been uncertainty under s 27 regarding whether an applicant’s entitlement based on an assignment must be perfected before filing, or whether post-filing confirmatory assignments can cure defects in entitlement at the filing date.
Using a case analysis of Regents of the University of California and Others v Eurolab (Pty) Ltd and Others, the Court of the Commissioner of Patents held that where an applicant’s right to apply derives from an assignment by the inventor(s), that assignment must exist prior to filing; the absence of such an assignment at filing led to revocation for non-compliance with s 27(1). The analysis is supplemented with brief comparative insights from jurisdictions that are more permissive about post-filing assignments, highlighting South Africa’s stricter pre-filing entitlement requirements.