African Journal of Legal Studies

Abstract The International Criminal Court ( ICC ) plays a key role in ensuring accountability for crimes under international law. Supporting this critical mission of the Court is vital to its survival. Understanding this, Anya et al. in a recent paper examined the relationships existing between states and the ICC . They determine that states can have a relationship of either credible commitment to support the work of the Court or sham devotion. Three African states, including Nigeria, Kenya and Uganda, were studied and based on their analysis of selected data, the writers make predictions for each state’s future engagement with the Court. While the study is compelling, I argue that the predictions made in the end, particularly in relation to Nigeria, are based on flawed data. I attempt to contextualize some of their assertions, particularly regarding immunity, complementarity and jurisdiction. This article ultimately calls for a more nuanced approach to evaluating state behavior towards the ICC , emphasizing the importance of contextual factors beyond quantitative measurements.

Chuka Arinze-Onyia

Examining Nigeria’s Commitment to the International Criminal Court: A Response to Anya et al.

审查尼日利亚对国际刑事法院的承诺：对Anya等人的回应

Abstract The 1999 Nigerian Constitution gives the Attorney-General the power to enter a nolle prosequi in criminal proceedings. There are no constitutional provisions that expressly subject the exercise of the constitutional power of nolle prosequi by the Attorney-General to judicial review. This lacuna is being abused, as some Nigerian attorneys-general have, since the coming into force of the Constitution on 29 May 1999, sought sanctuary under it to free persons standing court trial for serious criminal offences through the exercise of nolle prosequi for their selfish interest or political considerations. The pertinent issue is whether the entering of a nolle prosequi in criminal trials in pursuance of the ulterior motives of an Attorney-General is constitutional. This article undertakes comparative analysis of pertinent issues involved in the exercise of nolle prosequi . The methodology is mainly doctrinal analysis of applicable primary and secondary sources. The article argues that the exercise of nolle prosequi for an Attorney-General’s selfish interest or political considerations is unconstitutional. Nigeria should subject the exercise of nolle prosequi to the court’s permission, as practiced in the United States of America and Kenya.

Andrew Ejovwo Abuza

A Comparative Analysis of the Power of the Attorney-General to Enter a Nolle Prosequi under the 1999 Constitution of Nigeria

尼日利亚1999年宪法下总检察长撤回起诉权力的比较分析

Abstract This article analyses to what extent sanctions adopted by regional organisations can help bring about better democratic processes in the region, focusing on the case of the Republic of Guinea. Overthrows are not the only threat to democratisation in Africa. There is a wave of “constitutional coups” or “third-termism” that incumbents have used to extend their term in office with the appearance of legality. However, the African Union ( AU ) and the Economic Community of West African States ( ECOWAS ) have often remained silent. The article argues that the AU and ECOWAS policy of sanctioning coups until the return to the constitutional order is not sufficient, as coups are still happening in the region today. Instead, international regional organisations should pay more attention to the necessary institutional reforms that are needed to guarantee the democratisation process of African States and must have a stronger response to constitutional coups by adopting targeted sanctions against the individuals responsible for these acts.

Elisenda Calvet-Martínez

Thierno Souleymane Barry

The Impact of Sanctions against the Republic of Guinea to Promote Respect for the Constitutional Order

制裁对几内亚共和国促进尊重宪法秩序的影响

Abstract Despite multilateral global efforts to improve biodiversity conservation, the African biodiversity range is increasingly facing existential threats. The Red List of Threatened Species ( RLTS ) adopted by the International Union for the Conservation of Nature ( IUCN ) to protect relevant species is not effectively implemented in many African countries. In this study, we identify the legal mechanisms to protect biodiversity at regional and national levels, focusing specifically on Liberia and Nigeria. We also identify the specific drivers of biodiversity loss in sub-Saharan Africa as a framework for formulating context-specific laws. The study highlights the importance of prioritising legislative action reflecting the IUCN ’s red list of threatened species and the need to develop local solutions to more contextual challenges. The added relevance of creating specialised agencies to address the crisis of biodiversity loss is also discussed.

Daniel Ogunniyi

Angela Azeta

Assessing Biodiversity Loss and the Challenge of Implementing Nature Conservation Laws in Africa

评估非洲生物多样性丧失及实施自然保护法律的挑战

Mebratu Kelecha

Domination through Law: The Internationalization of Legal Norms in Postcolonial Africa, written by Mohamed Sesay

法律统治：后殖民非洲法律规范的国际化，作者：穆罕默德·塞赛

Fungisai Gcumeni

Reimagining Legal Pluralism in Africa: Balancing Indigenous, State, and Religious Laws, edited by Anthony C Diala and Christa Rautenbach

非洲法律多元性的重构：平衡本土法、国家法与宗教法，安东尼·C·迪亚拉和克里斯塔·劳滕巴赫编

Abstract Recent scholarship has focused on socio-economic trends concerning rural degradation, urbanisation and the sustainable use of natural resources. This article draws on these studies to focus on rural Africa, its projected poverty levels, and the institutional role in relation to these estimates. It uses vulnerability theory, progressive property theory and resilient property theory to reframe rural property as an asset of resilience for both communities and the state, arguing that property is being institutionalized across rural Africa to serve political interests, backed by global demands, at the cost of local communities, and their resiliency needs.

Sue-Mari Viljoen

Regulating Land in Rural Africa: An Institutional, Vulnerability Perspective

非洲农村土地管理：制度与脆弱性视角

Abstract Despite numerous domestic laws and treaties prohibiting child labour, the practice persists in many African countries, including in government supply chains. It is important to highlight the connection between public procurement and child labour in Africa because the continent hosts over 50% of the world’s child labourers. Furthermore, tackling child labour through public procurement processes has not attracted much academic and policy attention. In order to shift this narrative, this article examines the public procurement frameworks of Ghana and Nigeria to reveal how they address child labour throughout the process of planning, tendering, contract award and contract management. It finds that the selected countries’ legal frameworks are inadequate in addressing child labour and recommends measures to improve the identified limitations.

Miriam Mbah-Amanze

Public Procurement and Child Labour in Ghana and Nigeria

加纳和尼日利亚的公共采购与童工问题

Abstract The Law Society of England and Wales, as well as English politicians and judges, claim that English (contract) law is admirable, settled and predictable, and non-English legal systems are “laxer systems” whose judges are not as exceptionally knowledgeable as English judges. These claims of legal superiority attract foreign litigants such as African businesspeople to use English laws and forums to resolve their contractual disputes. This article aims to disprove these claims by rigorously assessing them from an Afrocentric lens, as well as from the prediction theory of law, English case law, and rules of contractual interpretation. It finds that English contract law and dispute resolution mechanisms are far from predictable and settled. Also, there is a staggering level of disagreement among English judges regarding their interpretation of commercial contracts. The article exposes the defects of English contract laws to enable foreign businesses to make informed decisions about their choice of laws and forums to resolve their contractual disputes.

Williams C. Iheme

Defects of English Rules of Contractual Interpretation and Their Challenges for African Businesses

英语合同解释规则的缺陷及其对非洲企业的挑战

Abbreviation	Afr. J. Leg. Stud.
Journal Impact	0.26
Quartiles(Global)	LAW(Q4)

ISSN	1708-7384, 2210-9730
h-index	12

Publication Information	Publisher: Brill Academic Publishers，Publishing cycle: ，Journal Type: journal，Open Access Journals: No
Basic data	Year of publication: 2011，Proportion of original research papers: 96.43%，Self Citation Rate:0.00%， Gold OA Rate: 6.45%

African Journal of Legal Studies

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Examining Nigeria’s Commitment to the International Criminal Court: A Response to Anya et al.

A Comparative Analysis of the Power of the Attorney-General to Enter a Nolle Prosequi under the 1999 Constitution of Nigeria

The Impact of Sanctions against the Republic of Guinea to Promote Respect for the Constitutional Order

Assessing Biodiversity Loss and the Challenge of Implementing Nature Conservation Laws in Africa

Domination through Law: The Internationalization of Legal Norms in Postcolonial Africa, written by Mohamed Sesay

Examining Nigeria’s Commitment to the International Criminal Court: A Response to Anya et al.

Reimagining Legal Pluralism in Africa: Balancing Indigenous, State, and Religious Laws, edited by Anthony C Diala and Christa Rautenbach

Regulating Land in Rural Africa: An Institutional, Vulnerability Perspective

Public Procurement and Child Labour in Ghana and Nigeria

Defects of English Rules of Contractual Interpretation and Their Challenges for African Businesses