The Right to Self-Determination: A Consideration of Agitations for Selfgovernance by Ethnic Nationalities in Nigeria

by | Feb 21, 2026 | FUND, FUND V31I2

The Right to Self-Determination: A Consideration of Agitations for Selfgovernance by Ethnic Nationalities in Nigeria

Authors Marcus Ayodeji Araromi and Okunlade Isaac Adejumo

ISSN: 2411-7870
Affiliations: LLB LLM PhD (University of Ibadan). Lecturer, Department of Public Law, University of Ibadan, Nigeria; LLB LLM (Obafemi Awolowo University, Ile-Ife). Lecturer, Department of Public Law, University of Ibadan, Nigeria
Source: Fundamina, Volume 31 Issue 2, p. 1-56
https://doi.org/10.47348/FUND/v31/i2a1

Abstract

Self-determination is a political concept that, in some contexts, has found expression in the international politics of decolonising former colonial territories and carving a new state out of an existing one. This concept, furthermore, has been viewed as a political right that needs to be explored by various disgruntled ethnic groups to exit their mother-nations. The focus of this contribution is on interrogating the agitations of certain ethnic groups in Nigeria to secede from the country and to determine whether their agitations are justified. The authors consider some fundamental bases for these agitations and review the international stance on self-determination. The contribution adopts a historical, legal and analytical approach in its exploration of the concept of self-determination. Article 1 of the United Nations Charter asserts respect for the principle of equal rights and self-determination of peoples. In addition, Article 1 of the International Covenant on Civil and Political Rights, and Article 1 of the International Covenant on Economic, Social and Cultural Rights both affirm that “[a]ll peoples have the right of self-determination”. The idea of federating with other units is a matter of choice and cannot take place by force. However, choice is a factor that was conspicuously absent in the coagulation of different ethnic nationalities into one federal state in Nigeria. This contribution argues that the idea of “legitimate choice” in determining one’s political affiliation is the only veritable basis for merging two or more ethnic groups together as a sovereign nation.

Revisiting the Infamous Pernkopf Anatomy Atlas – Historical Lessons for Medical Law and Ethics: Could Recent Events be Invoked to Justify the Selective use and Application of the Atlas in Medical Practice?

by | Feb 21, 2026 | FUND, FUND V31I2

Revisiting the Infamous Pernkopf Anatomy Atlas – Historical Lessons for Medical Law and Ethics: Could Recent Events be Invoked to Justify the Selective use and Application of the Atlas in Medical Practice?

Authors Pieter Carstens and Chrislie Boers

ISSN: 2411-7870
Affiliations: At the time of authoring: Emeritus Professor of Criminal and Medical Law, Department of Public Law, University of Pretoria; Associate member of the Pretoria Bar; Lecturer, Department, Public Law, Akademia Private Higher Education Institution
Source: Fundamina, Volume 31 Issue 2, p. 57-103
https://doi.org/10.47348/FUND/v31/i2a2

Abstract

The Pernkopf Topographical Anatomy of Man is widely regarded as one of the most anatomically precise atlases ever produced, yet it remains indelibly tainted by its origins in Nazi Germany and its reliance on the bodies of executed victims of the Third Reich. This article revisits the historical, ethical and legal context surrounding the compilation and continued existence of the Pernkopf Anatomy Atlas. It situates the Atlas within a broader history of medical experimentation, and the procurement of human remains, while distinguishing premodern practices from the systematic, state-sanctioned atrocities of Nazi medical science. Against this backdrop, the contribution critically examines the complicity of the medical and legal professions in legitimising gross violations of human dignity and bodily integrity. The article further engages with the longstanding international debate concerning the continued use, rejection or conditional acceptance of the Atlas in medical education and practice. Attention is paid to the ethical significance of the Nazi insignia embedded in the original illustrations and to the relationship between medical law and medical ethics when confronted with research derived from unlawful and unethical conduct. Considering recent developments and renewed scholarly engagement with the Atlas, the article considers whether a more nuanced and context-sensitive approach—short of outright prohibition—can be justified. It ultimately argues that any engagement with the Pernkopf Atlas must remain firmly grounded in historical accountability, ethical transparency and respect for the dignity of the victims.

From Stage to Statute: The Historical Development of Performers’ Rights in South Africa

by | Feb 21, 2026 | FUND, FUND V31I2

From Stage to Statute: The Historical Development of Performers’ Rights in South Africa

Author Gretchen Jansen

ISSN: 2411-7870
Affiliations: Lecturer, Faculty of Law, Stellenbosch University. LLB LLM LLD (Stellenbosch University)
Source: Fundamina, Volume 31 Issue 2, p. 104-155
https://doi.org/10.47348/FUND/v31/i2a3

Abstract

This contribution traces the historical development of performers’ rights, with a particular focus on the South African legal context. Beginning with the first statutory recognition of performers’ rights in early twentieth-century Germany, it follows the gradual emergence of international instruments, from the Rome Convention to the Beijing Treaty, before examining how these frameworks influenced domestic developments in the United Kingdom, and, later, South Africa. The analysis reveals that while copyright law has historically prioritised the rights of authors and the protection of their works, the legal recognition of performers has remained secondary, often treated as peripheral to the core concerns of the intellectual property regime.
In South Africa, performers’ rights were first introduced by the Performers’ Protection Act 11 of 1967. Although modelled loosely on international norms, the Act provided a fragmented and limited form of protection, reflecting both colonial legal inheritance and a lack of engagement with international instruments. The contribution tracks the evolution of this legislative framework, including the proposed amendments that seek to modernise and expand the rights of performers in response to both technological change and international pressure. Drawing on legal history and comparative analysis, it assesses whether these reforms amount to a substantive shift in how performers’ protection is conceptualised in law.
Ultimately, the contribution argues that recognising the historical marginalisation of performers is essential to understanding the current moment of legal reform. A stronger and more coherent legal regime for performers’ rights in South Africa has the potential not only to correct past omissions, but also to support a more inclusive, equitable and culturally vibrant creative sector.

Jurisdictional Immunity in South Africa: Interpreting Section 2 of the Foreign States Immunities Act in Light of Article 6(2)(B) of the United Nations Convention on Jurisdictional Immunities of States and Their Property, 2004, and its Drafting History

by | Feb 21, 2026 | FUND, FUND V31I2

Jurisdictional Immunity in South Africa: Interpreting Section 2 of the Foreign States Immunities Act in Light of Article 6(2)(B) of the United Nations Convention on Jurisdictional Immunities of States and Their Property, 2004, and its Drafting History

Author Jamil Ddamulira Mujuzi

ISSN: 2411-7870
Affiliations: Professor, Faculty of Law, University of the Western Cape
Source: Fundamina, Volume 31 Issue 2, p. 156-206
https://doi.org/10.47348/FUND/v31/i2a4

Abstract

In East Asian Consortium BV v MTN Group Limited the applicant sued the respondent in a South African court for allegedly bribing Iranian officials to award the latter a tender at the expense of the former. The respondents invoked section 2 of the Foreign States Immunities Act, 1981, to argue that South African courts did not have jurisdiction over the matter because the action was indirectly against the Iranian government which enjoyed jurisdictional immunity under article 6(2)(b) of the Immunities Convention, 2004. The majority of the court declined to interpret section 2 of the Foreign States Immunities Act in light of article 6(2)(b) of the Immunities Convention. In reaching this conclusion, the court relied on the United Kingdom Supreme Court’s decision in Belhaj v Straw, which held that the drafting history of article 6(2)(b), as well as state practices, showed that it is not customary international law, and that in the United Kingdom the Immunities Convention was not regarded as international law. In this article, the author argues to the contrary. By undertaking an in-depth analysis of the drafting history of article 6(2)(b) of the Immunities Convention and current state practices, the author argues that article 6(2)(b) of the Immunities Convention is international law (as understood by the South African Constitutional Court). Consequently, the court should have relied on it in interpreting section 2 of the Foreign States Immunities Act. It is also argued that a combined reading of the drafting history of article 6(2)(b) of the Immunities Convention and section 2(2) of the Foreign States Immunities Act shows that the court should have held that it did not have jurisdiction in the case. It is argued, further, that article 6(2)(b) is not limited to cases where a foreign state has legal interest in property but that it is applicable to interests, rights, property and activities. Furthermore, since the alleged bribery took place in Iran and the acts in question were juri imperii, South African courts did not have jurisdiction.