APPRAISE CONSTITUTIONALISM IN NIGERIA WITH THE INTENT TO HIGHLIGHT THE CHALLENGES OF DEMOCRATIC GOVERNANCE IN THE 21ST CENTURY.

CHAPTER ONE

GENERAL INTRODUCTION

1.1.            Background of the Study

Man is endowed with a modicum of freedom. No man can be subjected to the political hegemony or power of another without his own consent.[1] However, the realities of communalism[2] and social interactions among men demand a leader or ruler to whom the inhabitants of a political society should abdicate their right to freedom. The ruler exercises this power on behalf of the people. Prior to this period, it was a state of war of all against all aptly captured by the Latin maxim bellum omnium, contra omnes.[3]

Government was evolved to eliminate these enraging political skirmishes. Constitution was enacted to effectively run the government. This is usually referred to in jurisprudence as the first constitution. The question is why will one have to respect the first constitution as a binding norm? The answer is that the fathers of first constitution were empowered by God.[4] With this empowerment the first constitution was made and it formed the basis of subsequent constitutions.

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APPRAISE CONSTITUTIONALISM IN NIGERIA WITH THE INTENT TO HIGHLIGHT THE CHALLENGES OF DEMOCRATIC GOVERNANCE IN THE 21ST CENTURY.

IMPROVED CONSUMER PROTECTION THROUGH IMPROVED LEGISLATION AND REGULATION OF THE ACTIVITIES OF SMSES

CHAPTER ONE

GENERAL INTRODUCTION

  1. Background to the Study

Small businesses are normally privately owned corporations, partnerships, or sole proprietorships, whose staff strength vary from country to country. Small businesses can also be classified according to other methods such as sales, assets or net profits. Small businesses are usually run by entrepreneurs.[1]

The growth of Small and Medium Scale Enterprises (SMSEs) and entrepreneurship in Nigeria, now even more widely supported by non-governmental organisations, governmental agencies initiated programmes, faith-based organisations and community-based organisations has thus occasioned a diversification in the market trends and production mechanisms, for locally manufactured goods and provision of services. Indeed, the regulation of business activities for the protection of consumers has been controlled by various government regulatory agencies. The idea of controlling and regulating business activities by these agencies is for the purpose of regulating the establishment, methods and operation of the business activities and also ensure an improved and sustained quality of life for consumers.

It is indeed a uniform idea among scholars that consumer protection amongst producers leaves much to be desired, the question then is what impact if any have the regulatory mechanisms had on the growth of these cottage industries in relation to consumer protection in Nigeria. Have these regulatory laws been rendered redundant and ineffective in their application? In the face of increasing influx of substandard and fake products into the Nigerian market, abuse of patent and copyrights, passing off, refusal to register products and subjecting manufactured products to relevant testing and standardization, what really is the effect of consumer protection regulatory standards on the existing and expanding small business enterprises in Nigeria. As the government in partnership with various stakeholders battle the scourge of unemployment, the question still remains; how has government policies and interventions affected the growth of small businesses in terms of compliance with regulatory standards in their business activities.

The growth of small and medium scale enterprises through private efforts by individuals in a bid to become self reliant is known as Entrepreneurship. Entrepreneurship is derived from the Latin word entreprendre which direct translation means entrepreneur, meaning to undertake or to start a business. An entrepreneur is therefore a business adventurer; a business explorer. One who takes advantage of an opportunity, real or perceived. As the decision maker, decides what, how, and how much of a good or service will be produced. Someone who exercises initiative by organizing into a business, or an enterprise.[2]

Austrian economist Joseph Schumpeter’s definition of entrepreneurship placed emphasis on innovation, such as:[3]

  1. new products
  2. new production methods
  1. new markets
  2. new forms of organisation    

Israel Kirzner[4] states that the entrepreneur recognizes and acts upon market opportunities. In contrast to Schumpeter’s viewpoint, the entrepreneur moves the market toward equilibrium. Gartner defines entrepreneurship as the creation of new organizations.[5] The Entrepreneurship Center at Miami University of Ohio has an interesting definition of entrepreneurship thus: “Entrepreneurship is the process of identifying, developing, and bringing a vision to life. The vision may be an innovative idea, an opportunity, or simply a better way to do something. The end result of this process is the creation of a new venture, formed under conditions of risk and considerable uncertainty.” Entrepreneurship appears in different sizes. It can be found in large corporations as well as small retail shops. It can present itself under various forms.[6] Entrepreneurship has also been defined as the purposeful activity of an individual or a group of associated individuals, undertaken to initiate, maintain or aggrandize profit by production or distribution of economic goods and services.[7] It is indeed from the activities of an entrepreneur that Small and Medium Scale Enterprises grow.

Indeed with the decline on reliance on white collar jobs especially in governmental departments, and the saturated influx of unemployed applicants competing for limited opportunities in the private sector of banking and multinational corporations to mention a few, the importance of entrepreneurship in all facets of human endeavour becomes a viable economic and sustainable alternative to grapple with the challenges of the twenty first century in market indices development not just in Nigeria but the world over.
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IMPROVED CONSUMER PROTECTION THROUGH IMPROVED LEGISLATION AND REGULATION OF THE ACTIVITIES OF SMSES

SUPERVISORY ROLE OF GENERAL MEETING OVER BOARD OF DIRECTORS IN NIGERIA

CHAPTER ONE

GENERAL INTRODUCTION

  1. Background of the Study

A company is “a union or association of persons for carrying on a commercial or industrial enterprise.”[1]Burke defines company as: “An association of persons formed for the purpose of some business or undertaking carried on in the name of the association, each member having the right of assigning his shares to any other person, subject to the regulations of the company”.[2]It follows from the above definitions that a company has a separate legal personality. This personality is not automatic on formation of the company, but it is conferred on the company upon registration or incorporation.[3]

On incorporation, a company is vested with legal status which enables it to be treated as a person, though, an artificial person in the eyes of law.[4] A company is a juristic person capable of bearing rights and duties equivalent to those of human beings. It can hold property, sue and be sued, and have perpetual succession.[5]Thus, having been cloaked with legal personality, it is deemed a separate and distinct entity from its operators, whose liability is limited in the manner provided by the Companies and Allied Matters Act, 2004 (hereafter CAMA).[6]

The concept of the legal entity of a company distinct from its members became finally established at common law in the case of Salomon v. Salomon & Co. Ltd.,where Lord Macnaughten stated the position as follows:

…the company is at law a different person altogether from the subscribers to the memorandum, and although it may be that after incorporation, the business is precisely the same person as it was before, and the same persons are managers, and the same hands receive the profits, the company is not in law the agent of the subscribers or trustee for them. Nor are the subscribers as members pliable, in any shape or form, except to the extent and in the manner provided by the Act.

This separate legal entity of a company is also extended to the subsidiary of a corporation as well. In the case of Marina Nominees Ltd. v. Federal Board of Inland Revenue,[7] the appellant sought to avoid its corporate liability by claiming to be an agent of another company.The Supreme Court of Nigeria, in rejecting the claim observed inter alia, that:

…the device of agency by using the incorporated company for the purpose of carrying on an assignment for another company or person must not overlook the fact that an incorporated company is a separate legal entity, which must fulfill its own obligations under the law.

The independent legal personality of the company is fundamental to the whole operations of business through companies. This legal concept affects its structures, existence, capacity, power, rights and liabilities. Although, a company is a legal entity, and has independent legal personality, it is, of course, an artificial person or entity. Therefore, all the operations have to be carried on by its organs and agents.[8]

The principal organs of a company comprise the members in general meeting and the board of directors that share amongst themselves corporate functions. In the traditional corporate governance model, the shareholders or the members in general meeting stand as the highest authority. Fundamental matters relating to structural changes in the company are decided by the shareholders.[9] Also, they decide on the distribution of dividends upon recommendation by the board of directors,[10] and they reserve the right to appoint and remove the directors, with or without cause.[11]

The primary duty of boards and managers is the efficient use of the company’s resources to create value and achieve the objectives of the company. The realization of the company’s objectives depends to a large extent on how well the company is governed. Efficient use of company’s assets coupled with good governance, invariably translates to higher probability of good returns on investments. Corporate governance impacts on the wellbeing of a company, its economic performance, and the ability to attract capital on a sustainable basis.[12]
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SUPERVISORY ROLE OF GENERAL MEETING OVER BOARD OF DIRECTORS IN NIGERIA

DEVELOPING AN EFFECTIVE LEGAL FRAMEWORK FOR CORPORATE CRIMINAL LIABILITY ADMINISTRATION IN NIGERIA

CHAPTER ONE

GENERAL INTRODUCTION

1.1       Background to the Study    

This study addresses the important issue of consumer protection in trans-border transactions under Nigeria’s product liability regime. 

In spite of national political boundaries, the world is fast becoming a “global village”. With advancements in science and technology, particularly in Information and Communications Technology (ICT), information relating to goods produced in one part of the globe is now easily accessible to inhabitants of other parts of the world. Residents of countries separated by thousands of miles can engage in business transactions involving the supply of goods and provision of services without crossing their nations’ borders. People of one country can, through the Internet,[1] order and pay for goods to be supplied from another country.  Similarly, advancements in transport technology have also made travels and transportation of goods a lot faster, safer and less cumbersome than before, with the result that goods produced in one part of the globe can easily be supplied to inhabitants of distant lands. These days, the supplier of goods and the consumer need not be domiciled in one country and subject to the same legal jurisdiction.  Globalisation promotes increasing interactions and interrelationships among countries of the world and their inhabitants. Such interactions are made possible by liberalisation of trade and commerce, and are sustained and supported by law, both at national and international levels.   

Nigeria, like many other developing countries, depends heavily on imports to meet domestic demands for manufactured consumer goods.[2]  Thus, the balance of trade[3] between the developed and developing countries for consumer goods usually tilts heavily in favour of the developed countries.

Owing to low level of technological development and lack of expertise, raw materials extracted in their natural state in developing countries are often exported to the developed countries, where they are processed and exported back to the developing countries in the form of finished products.For example, Nigeria exports primary agricultural produce such as cocoa, cotton and palm oil, and in return massively imports manufactured products such as beverages, clothes and cooking oil, produced from the primary agricultural products.  At times, owing to stringent national regulations on standards, goods produced in the developed countries for their domestic markets are of higher standards than those produced for export, especially to developing countries with less stringent regulations and enforcement of standards.  Invariably, this results in consumer dissatisfaction, loss of expectations and even injuries or damage to the consumer. 

Within the national boundaries of a country, the nature and scope of protection, which the law provides for the consumer, range from the regulation of product quality, backed by administrative and penal sanctions, to provision of civil remedies by regulatory agencies and the courts. Claims for injury, loss or damage arising from a defective product are handled under the country’s national legislation and applicable rules of contract or tort.  The applicable legislation and rules of law of any country, which impose liability on persons who manufacture or supply products to the consumer, collectively constitute the country’s product liability regime.  Where the transaction leading up to the acquisition of a product, which causes injury or loss to a consumer, involves substantial external (foreign) elements, the presence of such externalities can pose serious challenges for national consumer protection legislation and regulations.  Such challenges will hinge, essentially, on the applicability and enforcement of national legislation, regulations and rules of law in a trans-border setting.

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DEVELOPING AN EFFECTIVE LEGAL FRAMEWORK FOR CORPORATE CRIMINAL LIABILITY ADMINISTRATION IN NIGERIA

RETHINKING THE VIABILITY OF INTERNATIONAL COMMERCIAL ARBITRATION IN NIGERIA

CHAPTER ONE

GENERAL INTRODUCTION

1.1       Background to the Study

Trade or commercial transactions are usually associated with the possibility of disputes arising and the complications associated with international commercial transactions makes the growth of arbitration both necessary and important. The necessity and importance arises from the fact that the participants in international commercial transactions are from different jurisdictions. Also, the enforcement of rights through litigation will involve the possibility of conflict of laws, high cost and delay in the process of dispute resolution.

The initial inroad into arbitration of international commercial transactions came from the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards also known as the New York Convention, 1958. The United Nations Commission on International Trade Law (UNCITRAL) was established by the United Nations General Assembly by its Resolution 2205 (xxi) of 17 December 1966 ‘ ‘‘to promote the progressive harmonization and Unification of International trade law’’.

When world trade began to expand dramatically in the 1960’s, national government began to realize the need for a global set of standards and rules to harmonize national and regional regulations, which until then governed international trade. UCITRAL Arbitration Rules provide a comprehensive set of procedural rules upon which parties may agree for the conduct of arbitral proceedings arising out of their commercial relationship and are widely used in ad hoc arbitrations as well as administered arbitrations.[1] The Rules cover all aspects of the arbitral process, providing a model arbitration clause, setting out procedural rules regarding the appointment of arbitrators and the conduct of arbitral proceedings, and establishing rules in relation to the form, effect and interpretation of the award.[2] At present, there exist three different versions of the Arbitration Rules: (i) the 1976 version; (ii) the 2010 revised version; and (iii) the 2013 version which incorporates the
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RETHINKING THE VIABILITY OF INTERNATIONAL COMMERCIAL ARBITRATION IN NIGERIA

RETHINKING THE VIABILITY OF INTERNATIONAL COMMERCIAL ARBITRATION IN NIGERIA

CHAPTER ONE

GENERAL INTRODUCTION

1.1       Background to the Study

Trade or commercial transactions are usually associated with the possibility of disputes arising and the complications associated with international commercial transactions makes the growth of arbitration both necessary and important. The necessity and importance arises from the fact that the participants in international commercial transactions are from different jurisdictions. Also, the enforcement of rights through litigation will involve the possibility of conflict of laws, high cost and delay in the process of dispute resolution.

The initial inroad into arbitration of international commercial transactions came from the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards also known as the New York Convention, 1958. The United Nations Commission on International Trade Law (UNCITRAL) was established by the United Nations General Assembly by its Resolution 2205 (xxi) of 17 December 1966 ‘ ‘‘to promote the progressive harmonization and Unification of International trade law’’.

When world trade began to expand dramatically in the 1960’s, national government began to realize the need for a global set of standards and rules to harmonize national and regional regulations, which until then governed international trade. UCITRAL Arbitration Rules provide a comprehensive set of procedural rules upon which parties may agree for the conduct of arbitral proceedings arising out of their commercial relationship and are widely used in ad hoc arbitrations as well as administered arbitrations.[1] The Rules cover all aspects of the arbitral process, providing a model arbitration clause, setting out procedural rules regarding the appointment of arbitrators and the conduct of arbitral proceedings, and establishing rules in relation to the form, effect and interpretation of the award.[2] At present, there exist three different versions of the Arbitration Rules: (i) the 1976 version; (ii) the 2010 revised version; and (iii) the 2013 version which incorporates the 
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RETHINKING THE VIABILITY OF INTERNATIONAL COMMERCIAL ARBITRATION IN NIGERIA

CONTEMPORARY ISSUES IN ALIENATION OF FAMILY LAND HOLDING IN NIGERIA

CHAPTER ONE

GENERAL INTRODUCTION

1.1       Background of the Study

This study will assess the issues and challenges encounter or suffer in alienation of family land by purchasers in Nigeria, particularly in Yoruba and Ibo custom since 1960 to date. The major challenge a purchaser of family land encounter is the issue of ‘consent’. It has become a general practice in Nigeria that absolute title to family land can only be transferred by the head of the family with the consent of the principal members of such family. Anything short of this will render such sale to the purchaser void or voidable notwithstanding the provisions of the Land Use Act, 1978 which has abolished all forms of ownership in the Federation and convert it to a mere Right of Occupancy. This is the focus of the research.

Family land holding in Nigeria is governed by the customary law of each ethnic group in the country. Rules governing Conveyance of family land in Nigeria is widely dispersed and uncertain. It is therefore a subject of heated debates amongst legal authors, textbooks, writers, journals, articles and case laws. The fundamental rule for alienation of family land in Nigeria is that the family head and principal members must consent to the conveyance of family property for its validity[1] otherwise such sale will be void or voidable as the case may be. Deviation from the rule in the sale of family property renders the conveyance obviously suspect and defeasible.[2] A purchaser of family property on the other hand, is entitled to assume that the vendors will in fact pass a valid and indefeasible title which they purport to have conveyed and that he (the purchaser) will be immune or free from encumbrances by adverse claims either from any member of the family or a third party relating to the property conveyed to him.

Socio-culturally, Nigeria is a polygamous society from time immemorial[3] and due to its polygamous nature it is difficult to ascertain who is the head and principal members of the family to convey a valid customary title to a purchaser. Conveyancers do have obvious problems in assembling all the relevant members of the family for alienation purposes, as they are required in a valid execution of the conveyance. The authority to sell family property is widely dispersed and uncertain particularly where no power of attorney is executed in favour of a member of the family authorizing him or her to convey the family property.


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CONTEMPORARY ISSUES IN ALIENATION OF FAMILY LAND HOLDING IN NIGERIA

INTERNATIONAL HUMANITARIAN LAW AND THE PROTECTION OF VICTIMS OF WAR

ABSTRACT

The evolving nature of IHL has seen the rules and principle blossom mover time. It is not until the second half of the nineteenth century that nations agreed on International rules to avoid needless suffering in war.International Humanitarian Law (IHL), also known as the Law of Armed Conflict or the Law of War, is the body of rules that, in wartime, protects persons who are not or are no longer participating in the hostilities; and seeks to limit the methods and means of warfare while preventing human suffering in times of armed conflict. The principle instruments of IHL are the four universally ratified Geneva Conventions of 1949 as well as the three Additional Protocols of 1977 and 2005, as they stipulate that civilians and wounded or captured combatants must be treated in a humane manner.

With the Raging forms of International conflicts around the World, which are eclipsed by extreme violence to Men, Women and Children, ensuring accountability for violations of International Humanitarian Law for individual perpetrators and for parties to the conflict, is one of the challenges to achieving more effective protection of victims in armed conflict. Many conflicts to a large degree has the absence of accountability and, worse still, the lack in many instances of any expectation thereof, which in turn allows violations to thrive.The major objective of this research shall be to examine the purpose, substance and scope of International Humanitarian Law and the potential of International Humanitarian Law as a tool to achieve and maintain peace and protect rights of persons.

The objectives includes to properly define the  practice of International Humanitarian Law, to identify who the victims of war are and examine the privileges, obligation and protection guaranteed by International Humanitarian Law, Finally to analyse how International HumanitarianLaw provisions are implemented in the protection of victims of war.The methodology chosen is more of a doctrinal approach which isqualitative in order to reach an understanding of the current position of International Humanitarian law and most especially the victims of war. The primary source of materials for this researchworks are the Treaty Laws, textbooks, law reports and journals on international humanitarianlaw
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INTERNATIONAL HUMANITARIAN LAW AND THE PROTECTION OF VICTIMS OF WAR

IMPACTS OF INTERNATIONAL LAW ON CLIMATE CHANGE MITIGATION

ABSTRACT

The various reports of the Inter-governmental Panel on Climate Change (IPCC), more than anything else, cleared all doubts as to whether the earth is indeed warming up.  Thermometers in over 17,000 weather Stations could not be argued with.  Man-made (anthropogenic) activities have resulted in unpredictable and profound changes that alter the composition of the global atmosphere causing significant deleterious effects. Ever since, the concern of international law has been how to achieve substantial reduction of  emission of greenhouse gases (GHG) which were found to be responsible for global warming and the resultant change in climate conditions. Given that the threat of human induced climate change represents a classic collective problem affecting everyone, there has been an increasing international effort to mitigate climate impacts both by State and non-State actors alike even as the international community under the auspices of the United Nations Framework Convention on Climate Change (UNFCCC) has just negotiated a new climate agreement.

This work articulates the international legal regime on climate change in a manner that highlights its relevant scientific theories thus providing the basis for ascertaining whether the extant legal regime on climate change has equaled the seeming global concerns as to its severity on the environment, human health, human rights and trade and development due to its voluntary contributions, ratchet mechanism and non punitive nature. It was found that the rapidly growing consensus as to the severity of climate change however remains at odds with the slow rate of progress in addressing the problems through international cooperation even when scientific theories of the carbon cycle, the greenhouse effect, gia-hypothesis, anthropocentrism, bio-centrism, eco-centrism and eco-feminism all provide proof of the reality of climate change. From negotiation to enforcement; International climate change laws have proven to be most challenging in the history of multilateral environmental agreements (MEAs) due to diverse interests.

The north-south dichotomy and other divergent interests which has characterised international law on climate change have greatly impinged upon the realisation of the intents of MEAs on climate change due largely to the blame game between the two divides and reluctance to sacrifice today’s development for the sustainability of the future. International laws through its principles of sustainable development, precautionary principle, polluters- pay, common but differentiated responsibility, state cooperation, and sovereign rights of natural resources “no-harm rule” tend to limit States’ sovereignty. It was found that International law has played tremendous role in diversifying approaches to international environmental laws on climate change through strict interpretation of the principle of pacta sunt servanda, regarding climate change obligations as one erga omnes and recognition of non-state actors in climate advocacy. The study adopted doctrinal, analytical and comparative designs. Reliance was placed on primary and secondary source materials relevant to the topic. The primary sources include treaties, conventions, protocols ,resolutions. Secondary source materials relied on include: textbooks, journals articles, historical records, Case reviews, Bible and Quran recourse of which was had in the analysis of existing international laws on climate change. Emphasis was placed on empirical data gathered through tables, graphs and pictures, analysed to drive home the concept of, and impact of climate change while comparatively reviewing the responses of countries and other State and Non-State actors to mitigate the problem of climate change. Analyses of the data were through deductive reasoning based on statutes and case law.
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IMPACTS OF INTERNATIONAL LAW ON CLIMATE CHANGE MITIGATION

IMPACT OF SECURITY SYNERGY BETWEEN THE POLICE AND COMMUNITY POLICING ON THE CONSTITUTIONALLY GUARANTEED RIGHTS IN NIGERIA

CHAPTER ONE: GENERAL INTRODUCTION

1.1.            Background of the Study

In the discourse of security in Nigeria, Okorie,[1]Jega,[2]Salawu,[3]Onyishi,[4]Ezeoha,[5]and Lewis[6]have identified several causes of security crisis in Nigeria that pose grave consequences to national development. Chief among them is ethno-religious conflicts that have claimed many lives in Nigeria. By ethno-religious it means a situation in which the relationship between members of one ethnic or religious and another of such group in a multi-ethnic and multi-religious society is characterized by lack of cordiality, mutual suspicion and fear, and a tendency towards violent confrontation.[7]

Since independence, Nigeria appears to have been bedevilled with ethno-religious conflicts. Over the past decades of her Nationhood, Nigeria has experienced a palpable intensification of religious polarization, manifest in political mobilization, sectarian social movements, and increasing violence.[8] Ethnic and religious affiliations determine who gets what in Nigeria; it is so central and seems to perpetuate discrimination. The return to civil rule in 1999 tends to have provided ample leverage for multiplicity of ethno-religious conflicts.

As part of the social contract which the state has the obligation to fulfil for exercising the power which belongs to the people, the government is expected to provide adequate security for the citizens. Consequently, the Nigerian government has set up various security agencies for both the internal and external protection of the citizens. The 1999 Constitution of Nigeria underscores this when it declares: that the security and welfare of the people shall be the primary purpose of government.[9]But the veracity is that security is a thing of partnership between the state and the citizens. A security system entails all that the state and citizens do from individual to institutional level to ensure the security of lives and property.[10]


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IMPACT OF SECURITY SYNERGY BETWEEN THE POLICE AND COMMUNITY POLICING ON THE CONSTITUTIONALLY GUARANTEED RIGHTS IN NIGERIA

EVALUATING THE IMPACT OF ENVIRONMENTAL LAW AND POLICY IN CLIMATE CHANGE MITIGATION

CHAPTER ONE

GENERAL INTRODUCTION

Climate change is a long-term shift in weather conditions identified by changes in temperature, precipitation, winds, and other indicators. Climate change can involve both changes in average conditions and changes in variability, including; for example, extreme events.[1] The earth’s climate is naturally variable on all time scales. However, its long-term state and average temperature are regulated by the balance between incoming and outgoing energy, which determines the Earth’s energy balance. Any factor that causes a sustained change to the amount of incoming energy or the amount of outgoing energy can lead to climate change. As these factors are external to the climate system, they are referred to as ‘climate forcers’, invoking the idea that they force or push the climate towards a new long-term state – either warmer or cooler depending on the cause of change.[2] Different factors operate on different time scales, and not all of those factors that have been responsible for changes in earth’s climate in the distant past are relevant to contemporary climate change. Factors that cause climate change can be divided into two categories ­- those related to natural processes and those related to human activity. In addition to natural causes of climate change, changes internal to the climate system, such as variations in ocean currents or atmospheric circulation, can also influence the climate for short periods of time. This natural internal climate variability is superimposed on the long-term forced climate change.[3]

1.1. Background of the Study

It is no longer news that that global climate system is warming uncontrollably due to anthropogenic activities of human beings. Unfortunately, human beings who are the major causative agents of climate are also the victims of its devastating effects. It is against this backdrop we seek to evaluate the causes and effects of this adverse change of our climate system and proffers some processes and procedures by which mankind that are also the causative agents can mitigate the effects of climate change and/or adapt to it. The path of environmental law has come to a cliff called climate change, and there is no turning around as climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation strategies designed to regulate sources of greenhouse gas emissions quickly snuffed out meaningful progress on the formulation of adaptation strategies designed to respond to the effects of climate change on humans and the environment. Only recently has this “adaptation deficit” become a concern now actively included in climate change policy debate. Previously, treating talk of adaptation as taboo, the climate change policy world has begrudgingly accepted it into the fold as the reality of failed efforts to achieve global mitigation policy has combined with the scientific evidence that committed warming will continue the trend of climate change well into the future regardless of mitigation policy success. But we do not expect adaptation policy to play out for environmental law the way mitigation policy has and is likely to continue.
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EVALUATING THE IMPACT OF ENVIRONMENTAL LAW AND POLICY IN CLIMATE CHANGE MITIGATION

DEVELOPING AN EFFECTIVE LEGAL FRAMEWORK FOR CORPORATE CRIMINAL LIABILITY ADMINISTRATION IN NIGERIA

CHAPTER ONE

GENERAL INTRODUCTION

1.1       Background of the Study

            It is important to study corporate crime because of the economic damages that organizations can cause. In the contemporary world, the impact of the activities of corporations is tremendous in the society. In their day-to-day activities, not only do organizations affect the lives of people positively, but they also bring many devastating impact upon the people. Activities of corporations may cause serious damage to health or the environment; and may sometimes result in death. Fraudulent actions by some companies may lead to huge financial losses for individuals, groups, or other companies. In the 1990s, both the United States of America and Europe recorded an alarming number of environmental, antitrust, fraud, food and drug abuses as well as false statements, workers’ death, bribery, obstruction of justice, and financial crimes involving corporations. The most recent and prominent case in the United States has been the Enron scandal in which one of the largest accounting firms in the world, Arthur Andersen LLP, was charged and convicted for obstruction of justice and for destroying Enron-related documents.[1] Other corporations, among which are Olympic Pipeline, Exxon-Mobil, Pfizer and Bayer pharmaceutical companies, breached the environmental or health and safety laws.[2] MC Wane Incorporated, one of the world’s largest manufacturers of cast iron pipes, has an extensive record of violations which have caused the death of workers in the work place.[3]

            The capsized Zeebrugge ferry, the King’s Cross fire, the Clapham and Paddington Rail crashes, and the Hillsborough football tragedy all represent recent disasters in the United Kingdom.

         In Nigeria, we have had incessant reports of plane crashes, collapsed buildings, petroleum oil pipe and gas explosions, sea disasters and breaches of environmental or health and safety laws by corporations, killing innocent Nigerians in their thousands. There is also an account of the loss of lives involving over 120 employees of a rubber-related product manufacturing factory aggravated mainly by the company’s policy of locking the workers inside the factory at the commencement of work daily.[4] The recent events in the Nigerian Banking sector are reminiscent of what was witnessed during the era of the Failed Banks Tribunals.[5] Directors and bank officers were prosecuted and punished despite the fact that they acted on behalf of the banks.  We can not also forget in a hurry the dumping of harmful toxic waste materials in Koko, Delta State of Nigeria in June, 1988 by a foreign company.

            Generally, corporations are now involved in relatively new and usually white collar crimes such as: tax evasion, fraudulent trading or insider dealing, fraud, unfair competition, breach of fiduciary duty, banking and insurance frauds, and false invoicing (including over-invoicing). Companies may also commit crimes ranging from corporate fraud, commercial pollution of air and water, environmental and health and safety violations, illegal currency manipulations, capital transfers, illegal mining, maritime fraud scheme, currency counterfeiting, murder and corporate manslaughter, and so on.

         Corporate criminal liability, more than ever before, is becoming increasingly prevalent. These corporate crimes result in great loss of lives and properties. The consequences which most directly affect our society are the enormous loss of money, jobs and lives. At the same time, the long-term effect of these crimes, such as the damaging effects on the environment and health, which may not be apparent now, should not be underestimated.
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DEVELOPING AN EFFECTIVE LEGAL FRAMEWORK FOR CORPORATE CRIMINAL LIABILITY ADMINISTRATION IN NIGERIA

CRITICAL EXAMINATION OF THE JUDGMENT ENFORCEMENT MECHANISM OF THE INTERNATIONAL COURT OF JUSTICE

CHAPTER ONE

INTRODUCTION

1.1  Background of the Study

The need to institutionalize a World Court that would respond to the needs of the international community was conceived pursuant to the atmosphere created by the Hague Conferences of 1897 and 1907. Thus, prior to the establishment of the Permanent Court of Arbitration, no real step was actually taken in that direction until after the First World War.

It is noteworthy to mention that a lot of challenges are facing the global community arising from the settlement of international disputes.One of the serious challenges is the non-compliance with and non-enforcement of the decisions of the International Court of Justice which is often referred to as the “World Court”. This problem without doubt can threaten and has repeatedly threatened the existence of international dispute settling mechanisms, world peace and indeed the security of all nations of the world.The International Court of Justice (ICJ) was established in 1945 by the United Nations Charter and as the new court, it took over from the Permanent Court of International Justice (P.C.I.J.). The organization and structure of the ICJ and its statutes remain virtually the same with the P.C.I.J.[1]Thus, the essence of establishing the ICJ is for the purpose of judicial settlement of disputes arising from inter-states relationships. Deriving from this principal function of the Court, the study seeks to conduct an assessment of the effectiveness of the Court by virtue of evaluation of post-judgment conditions of the Court’s pronouncements. The essence of this study therefore, is to uncover the reasons behind any perceived weaknesses of the Court and to make recommendations for its improvement and strengthening.

The Covenant of League of Nations made moves for the formation of a World Court and in 1920 the P.C.I.J. was formed. The International Court of Justice (ICJ) replaced P.C.I.J. after the Second World War and Article 92 of the United Nations Charter described it as the “Principal Judicial Organ of the United Nations”.[2]Upon failure to comply with the judgement of the ICJ, the United Nations Charter authorize the United Nations Security Council to enforce the judgments of the World Court but findings have shown that, the power of enforcement is subject to the veto power of the five (5) permanent and paramount members in the Security Council.[3]

1.2  Statement of the Problem

Recent events show that the issue of International Court of Justice as it concerns the effect of its judgments and effectiveness of its pronouncements is giving most writers and scholars, serious concerns.Notwithstanding the concerns, none of the states or individuals hasmade efforts to see that the judgments of the said court are effective by amending the United Nations Charter to reflect separation of power which will give real “judicial independence” to the International Court of Justice because, as it stands, the Security Council with the veto power of the five permanent members can decide whether the judgment of the International Court of Justice should be executed or not. They can also decide to overrule the judgment of the International Court of Justice, without any consequence.
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CRITICAL EXAMINATION OF THE JUDGMENT ENFORCEMENT MECHANISM OF THE INTERNATIONAL COURT OF JUSTICE

CONSUMER PROTECTION IN RELATION TO QUALITY OF SERVICE IN THE TELECOMMUNICATIONS SECTOR IN NIGERIA

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background to the study           

In recent years, the capacity and speed of telecommunications[1](telecoms) networks have grown exponentially. The capacity and speed of telecoms networks have multiplied over the years and this is not unconnected with technological growth and developments. The basic tools for these technological growth and developments are telecommunications. It cannot be overemphasised, therefore, as the saying goes that the world is fast becoming a global village of which telecoms is a key player.Telecoms is the engine of the world economy with transactions in billions of dollars being done over the telephone and the Internet. The Telecoms sector is one of the sectors that continue to grow and develop despite the economic situation in the world.The sector is developed regardless of geographical position, government and the state of economy. Telecoms is one of the most important infrastructures essential to the socio-economic wellbeing of any nation. The globalization of world economy has further amplified the importance of telecoms to the economy. The phenomenal growth of Global System for Mobile Communications (GSM) since its introduction in Nigeria in 2001 confirms the fact that telecoms has impacted much in the society.[2] Due to the pivotal roles of telecoms in the economic growth and development in Nigeria, contemporary issues regarding   quality of service evidently arise, which need urgent attention to ensure the effectiveness, efficiency and contribution telecoms to the world economy. The resultant effect of this is the need to reform telecoms sector, hence, the liberalisation and privatisation of the telecoms sector.

Notwithstanding the need for reforms and regulatory frameworks for telecoms, the embryonic nature of quality of service implementation in Nigeria and some other developing economies have posed serious challenges towards the protection of telecoms consumers in Nigeria. Nigeria is the most populous country in Africa with a population of about 167 million and an area of approximately 923,768sq km[3]. The potentials in Nigeria are numerous, the same way China can be compared to Nigeria with regards to purchasing power parity and second largest economy by nominal GDP as Nigeria is a major market concerning the telecommunications sector in Africa.[4] Nigeria stands a better chance of attracting investors to invest in the economy especially in the telecommunications sector and become the China in Africa because it is one of the top ten fastest growing telecoms market in the world.[5] The Nigerian Telecommunications Sector is the fastest growing Sector in Nigeria.[6]It is large in terms of size compared to those of some African countries[7].Currently, the News Agency of Nigeria (NAN) reports that active lines in Nigeria stood at 151,017,244 for the month of December,2015.

Prior to the bid for Digital Mobile Licences (DML) and Fixed Wireless Access (FWA), Nigeria had the lowest telephone penetration[8] in the world after Mongolia and Afghanistan.[9] The nation and its people had been starved of access to basic telephone services and eagerly awaited the commercial launch of the telephone licenses. However, the poor state of the industry began to be addressed in 1992 when the telecommunications sector was opened up for liberalisation. The global trend in the market, which is towards deregulation and liberalisation of services, has been further accelerated by the signing of the World Trade Organisation (WTO) agreement on Basic Telecommunications Services and the General Agreement on Trade in Services (GATS) which preceded it.These agreement oblige signatories to deregulate national telecommunications industries. Although Nigeria is not a signatory to this accord, she is a member of WTO, the International Telecommunications Union (ITU), an arm of the United Nations and the West African Telecommunications Regulatory Association (WATRA). It has been agreed[10] that the Agreement on Basic Telecommunications Services will affect all ITU member states and sector members because the 72 countries which made the commitment collectively, account for more than 93% of global telecommunications revenue. The areas covered under the agreement include voice data fax, radio and satellite. These agreement progressively open up the telecommunications sector to deregulation and liberalisation.
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CONSUMER PROTECTION IN RELATION TO QUALITY OF SERVICE IN THE TELECOMMUNICATIONS SECTOR IN NIGERIA

ASSESSMENT OF THE CHALLENGES OF COMPANY INCORPORATION IN NIGERIA

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background of the Study    

In Nigeria today the law governing the administration of the company formation is the Companies and Allied Matters Act (CAMA)[1]. The Corporate Affairs Commission (CAC) is the body set up by section 1(1) of CAMA to administer the Act including the regulation and supervision of the formation, incorporation, registration, management, and winding up of companies under or pursuant of the Act.[2] Principally, the Corporate Affairs Commission is one of the innovations of CAMA that gives the Commission the responsibility of incorporation of companies, registration of Business Names, Incorporation of Trustee of certain committees, bodies, associations and other regulations. CAMA also introduced Corporate audit Committee, insider trading, and went ahead to codify the duties of directors. A Company therefore, refers to an association of persons incorporated under companies’ legislation[3] and in the case of Nigeria, under the CAMA.

A company comes into existence generally by a process referred to as incorporation. Once a company has been legally incorporated, it becomes a distinct entity from those who invest their capital and labour to run the company. The company is an artificial person and has separate legal personality. It has almost all rights as a natural person. It can own property, sue and be sued, has perpetual succession. However, since the advent of the corporate form, the extent to which corporations or companies should bear the same rights and duties as individuals has engaged corporate law scholars and the courts.

The long-standing debate surrounding the nature of corporate personhood has focused on three basic perspectives: (i) the concession or “artificial entity” theory, which sees the corporation as a creation of the state or sovereign that grants its charter[4]. (ii) the aggregate theory, which sees the corporation as a fictional construct representing the sum of its share-holders, managers, and other constituencies who contribute to the success of the corporate enterprise; and (iii) the real entity view[5], which sees the corporation, not as an extension of the state or of its many constituencies, but as having a separate identity independent of both[6].

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ASSESSMENT OF THE CHALLENGES OF COMPANY INCORPORATION IN NIGERIA

APPRAISING THE CONCEPT OF LOSS AND RIGHT OF INDEMNITY IN NIGERIAN MARINE INSURANCE LAW

CHAPTER ONE

                                        GENERAL INTRODUCTION

1.1   Background to the study

Over the years, the uncertainty regarding the safety of goods transported through the seas has resulted in the insurance of those goods between the insured and the insurer with the sole aim of recovering from the insurer any loss or damage as the case may be of such goods, provided the terms and conditions of the insurance contract are fully complied with by the contracting parties.

Insurance contract is a contract of indemnity, an arrangement that normally relieves the insured of the intractable safety risk of his goods and transfers same to the risk bearer – the insurer. By this agreement, the assured undertakes to fulfill all stipulated conditions including but not limited to payment of agreed premium governing the contract, while the insurer undertakes a corresponding duty to faithfully and diligently indemnify the insured whenever the situation arises.

As a risk management tool, the basic role of insurance in the economic and social structure of the society is the provision of relief from the financial consequences of elements of uncertainty. Its principles have over the years been perfected and utilized for the purpose of protecting individuals and corporate bodies against financial losses arising from death or injury in the case of life or accident insurance, and or loss or damage in the case of property insurance1.

However, section 56 of Nigerian Marine Insurance Act2 which provides for proximate cause of loss among other things works untold hardship on the part especially of the assured against being indemnified for his lost or damaged goods. The hardships created by this section have resulted in frustration and loss of livelihood of many people in shipping businesses.      

One form of insurance contract and which is the focal point of this study is marine insurance contract.

Marine insurance is considered one of the oldest of the many forms of commercial protections and has flourished through the establishment of the institution of the “coffee- houses” wherein ‘underwriting’ was being conducted and from where the evolution and dominance of the Lloyd’s has stemmed as the world’s most famous insurance market3. It is a contract whereby the insurer

___________________

  1. IA Nwokoro and B C Ndikom Obed, ‘An Assessment of the Contributions of Marine Insurance to the Development of Insurance market in Nigeria’ Journal of Geography and Regional Planning, vol 5(8) 213, 18 April, 2012, (emphasis added).
  2. Cap M2 LFN 2004 (Loss and Abandonment: Included and Excluded Losses)
  3. K Noussia, The Principle of Indemnity in Marine Insurance contracts: A Comparative Approach, Springer, 2006.
2

undertakes to indemnify the assured in the manner and to the extent thereby agreed against marine losses, that is to say, the losses incident to marine adventure4, and marine adventure occurs when any ship, goods or other movables are exposed to maritime perils of which peril of the seas is obviously named as one of the perils5. The Marine Insurance Act defined maritime perils to mean, ‘perils consequent on or incidental to navigation of the sea, that is to say, perils of the seas, fire, war perils, pirates, rovers, thieves, capture, seizures, restraints, and detainments of princes and peoples, jettison, barratry and any other perils either of the like kind or which may be designated by the policy’6.

The principle of indemnity in marine insurance contract and other insurance contracts was clearly and distinctly stated by Cotton, LG in Castellan v Preston7 where he said,

                        the very foundation, in my opinion of every rule which has been applied to insurance law is this, namely that the contract of insurance contained in a marine or fire (and that equally applied to accident policies) is a contract of indemnity and of indemnity only, and that this contract means that the assured, in a case of loss against which the policy has been made, shall be fully indemnified, but shall never be more than fully indemnified. This is the fundamental principle of insurance and if ever a proposition is brought forward which is at variance with it, that is to say, which either will prevent the assured from obtaining a full indemnity or which will give the assured more than a full indemnity, that proposition must certainly be wrong.

                        The uncertain nature of contract of insurance regarding the happening of the event and its time of happening was exemplified by Channel, J in Prudential Insurance Co v Inland Revenue Commissioner8, where he emphasized thus:

                                    …the next thing that is necessary is that the event should be one which involves some amount of uncertainty. There must be some uncertainty whether the event will happen or not, or if the event is one which must happen at some time or another, there must be uncertainty as to the time at which it will happen.      

The principle of indemnity, (being the reserved hope and the predominant factor attracting the assured into insurance contract) simply provides that where there is a loss or damage (total- actual or constructive, partial) of the insured subject matter, the insurer is duty-bound to indemnify the assured to exactly the value or extent of the loss or damage, no more, no less. However, for the assured to be entitled to such indemnity, he must have insurable interest in the subject matter at the time of the loss or damage9, must have maintained regular payment of the

__________________

  • S 3 Ibid, (n2).
  • S Hodges, Law of Marine Insurance, (Cavendish Publishing Ltd 1996).
  • S 5(3), (n2).
  • [1883] 1 QBD 380 (CA).
  • [1904]2 KB 658 @ 663.
  • S 7((2), (n4); Macaura v Northern Assurance Co Ltd [1925] AC 619; Salomon v Salomon [1897] AC 22.
3

premium10, and was not in breach of other fundamental terms and conditions of the contract, which otherwise are capable of vitiating the entire contract and denying him rights to be indemnified.
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APPRAISING THE CONCEPT OF LOSS AND RIGHT OF INDEMNITY IN NIGERIAN MARINE INSURANCE LAW

APPRAISAL OF THE REGULATORY REGIME FOR PROTECTION OF CONSUMERS OF TELECOMMUNICATIONS SERVICES IN NIGERIA

CHAPTER ONE

GENERAL INTRODUCTION

1.1.      Background to the Study

The Telecommunications sector has witnessed phenomenal growth following the liberalisation of the industry in 2001. It has been described by many as a revolution that has dramatically changed the face of information and communications technology in Nigeria. The socio-economic impact of this development is unquantifiable; the mobile phone has become the most popular method of voice communications, broadband penetration is on the increase, commercial transactions are concluded on mobile phones without a face to face contact of the contracting parties. It has also enabled the cashless society policy of the Federal Government of Nigeria, while in the health sector; it has advanced health care delivery through telemedicine. This research seeks to assess the adequacy of legal and regulatory regime for protection of consumers of telecommunication services in Nigeria. Also, the research examines the challenges faced by the consumers of telecommunication services and the challenges of enforcing consumer rights in Nigeria.

It will not be an overstatement to say that the telecommunications industry is one of the most regulated sectors of our economy today. Despite this, the consumer of telecommunications services is faced with a lot of challenges. Amongst the challenges is the issue of the Quality of Service which is a key determinant in the relationship between consumers and the operators. This often makes the consumer to lose in the power equation as he often does not get value for his money.

1.2.      Statement of the Problem

The fundamental rights to privacy of citizens; their homes, correspondence, telephone conversations and telegraphic communications which are basic consumer rights have been guaranteed by the Constitution of Nigeria.1   

The Nigerian Communications Act2does not specifically mention subscribers’ rights, but only refers to them in a broad sense3. Typically, subscribers’ rights and interests cover assurances of quality service (including availability of service), security, privacy, affordability, ease of use, functionalities, ability to connect to subscribers on any other network (interconnection), freedom of choice of operators and service options and transparency4. By the legislation establishing the Nigerian Communications Commission (NCC), its primary responsibility is to safeguard, moderate and regulate the rights of citizens of this nation, to exchange views and information through any of the modern technologies of telecommunication without let, hindrance or exploitation. In seeing to it that the telecommunications consumer is adequately served, it is beholden of the Commission to erect and maintain proper guide posts and regulations to enhance the harmonious co-existence and cooperation of various operators who need to utilize the same air waves to reach their numerous consumers5. This means that whichever way the issue is viewed, whether from the stand point of the Commission or that of the service provider, the delivery of professional and qualitative service to the consumer is uppermost in the scale of priorities.

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APPRAISAL OF THE REGULATORY REGIME FOR PROTECTION OF CONSUMERS OF TELECOMMUNICATIONS SERVICES IN NIGERIA

APPRAISAL OF JUDICIAL INTERVENTION IN DOMESTIC COMMERCIAL ARBITRATION IN NIGERIA

CHAPTER ONE

I N T R O D U C T I O N

1.1.      Background of the Study

Arbitration is a reference of a dispute between not less than two parties for determination after hearing both parties in a judicial manner by a person or persons other than a court of competent jurisdiction.[1] Parties have the right to define the tenure of their agreement. The courts are enjoined to enforce such terms, and give effect to whatsoever rights the parties conferred on one another and the obligations they choose to impose on one another.Though the courts are available to them, parties may opt for arbitration out of their own volition to suit their peculiar business interests. In doing so, parties circumscribe their right to seek redress in a court of law if a dispute arises which comes under the terms of their arbitration agreement. Therefore, compliance with the arbitration contract becomes a sine qua non, a condition precedent for a party to seek redress in the court.[2]

            In choosing arbitration instead of litigation, the intendment of the parties is to resolve their disputes privately and on their own terms. They choose arbitration to circumvent the usual delays, publicity, rancour and technicalities that pervade the formal court system. Rather, the parties seek to maintain and protect their privacy, business secrets and goodwill, and be in a position to mend fences in the interest of their mutual interests. Again arbitration affords the parties the opportunity to shun strife and ill-will which usually accompany formal litigation processes.

            However, many a party toarbitration agreement, when a dispute arises which falls within the contemplation of the arbitration agreement, renege and go foul of the agreement. Where parties have chosen some persons they trust their skills, impartiality and fairness to determine issues arising between them, one wonders why either party is to be allowed to take steps in flagrant disregard of their extant agreement toarbitrate, except of course in deserving circumstances.

1.2.      Statement of the Problem                

Parties opt for arbitration to avoid litigation in the resolution of disputes between them. They prefer arbitration to avoid the time wastage and technicalities associated with litigation. However, some parties who are unwilling to honour arbitration agreements resort to the courts when disputes arise which fall within the contemplation of their agreement. Some parties submit to arbitration but resort to the courts later on the conviction that the arbitrators are biased against them or because of their indisposition to accept unfavourable awards.

             Incessant judicial intervention impacts negatively on arbitration. Parties conduct the arbitral processes half-heartedly, knowing that they can later fall back on the courts. Arbitration which ought to be expeditious eventually drags on for many years. Control measures in the Arbitration and Conciliation Act are not adequate to curb judicial intervention in the arbitral process. Although section 34 of the Act provides that the courts shall not intervene except as provided by the Act, the Act provides for numerous circumstances where the courts can intervene. Parties find several excuses under these provisions to go to court. This inadequacy leads to continual resort to courts by parties, virtually at every stage of the arbitration process. While court intervention per se may not be the problem, it is notorious that the courts are neither pragmatic nor efficient.

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APPRAISAL OF JUDICIAL INTERVENTION IN DOMESTIC COMMERCIAL ARBITRATION IN NIGERIA

APPRAISAL OF CORPORATE ENVIRONMENTAL RESPONSIBILITY PRACTICES IN NIGERIA

CHAPTER ONE

GENERAL INTRODUCTION

1.1.Background to the Study

This study is an analysis of the concept of corporate environmental responsibility, its laws and a critical examination of its practice level in Nigeria, showing that government and corporations may no longer plead it as a mere voluntary self-regulatory venture and consideration on international legal norms of a near soft law. The importance of corporate environmental responsibility in any legal and social system cannot be overemphasized. It is indeed, one of the lessons of globalization and the new international economic order, now metamorphosing into a legal order with increasing awareness that the enforcement and achievement of human rights require legal mechanism for responsibility and liability of corporations, as well as states and individuals. This is undeniably, a cornerstone in the realization of sustainable development, nationally and internationally. The importance of such a legal system lies not only in the protection of civil liberties and prosecution of criminals but also in using responsibility regime as a means of promoting and advancing fair, just and efficient relationship between communities and corporations, for the sustainability of environment and guarantee of human rights and development for the citizenry.

International minimum standards have emerged, and have set the benchmark for the domestic enforcement of human rights. Judicially and theoretically, these standards include the duty of care and the liability for breach of states and corporations in the dimension of environmental protection.[1] As it develops, international environmental law raises main issues already contained in international human rights law. In environmental protection, questions related to the existence and application of liability and responsibility law and the expected role of individuals, to the state and corporations in the legal process have raised analogous issues to those within the realm of international human rights law. These issues are closely related, overlapping and interoperable in the developing activities of environmental legal systems. However, the development of international human rights law predated environmental law and all the elements that flow from it, such as corporate responsibility and liability doctrine. It has been affirmed that human rights law provides a rich source of experience for the understanding and applicability of environmental law from which the doctrine of corporate responsibility sprang.[2]


[1] M.Uibopuu, “The Internationally Guaranteed Right of an Individual to a Clean Environment” 1 Comparative Law Yearbook (1977), p. 101; W. Gormley, “The Legal Obligation of the International Community to Guarantee a Pure and Decent Environment: The Expansion of Human Right Norms” 3 Georgetown International Environmental Law Review (1991) p.  85.

[2] See P. Sands, Principles of International Environmental Law, 2nd edn; United Kingdom: Cambridge University Press, 2003, p. 292.
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APPRAISAL OF CORPORATE ENVIRONMENTAL RESPONSIBILITY PRACTICES IN NIGERIA

APPLICABILITY OF ARBITRATION IN DISPUTE SETTLEMENT IN INTERNATIONAL SPORTS LAW

ABSTRACT

 The notion of arbitration defines the way in which a dispute is settled by a third party. Specifically in the context of legal terminology, however, it connotes an institution which consists in the settlement of a certain category of disputes by judges who are chosen by the litigants (mainly of private nature). The notion of arbitration as an institution has existed since antiquity and was already known in the Hellenic inter-city law, which, in one sense, presented very few variations throughout history and constituted the first form of dispensing justice. The settlement of disputes by arbitration has prevailed since the times of Homer. For over thirty years, the landscape of international sports arbitration has been dominated by the Court of Arbitration for Sports (CAS) in Lausanne, Switzerland.

The CAS is colloquially referred to as a Supreme Court for sports disputes and evidence of its influence is found throughout the sporting world. Since its establishment in 1984 it has registered approximately 4,200 separate arbitration proceedings. This work seeks to give an insight into what makes international sports arbitration unique paying particular attention to the CAS system, the key elements of which we would also outline. While sports arbitration shares many characteristics with commercial or investment arbitration, and although many sports arbitrators also sit in standard commercial and investment cases, it also has many interesting features that distinguish it from non-sports-related arbitration. The principle of international law that States “shall settle their international disputes by peaceful means” and not by resort to force is not only applicable to the purview of international law and politics but is also applicable in international sports law.

In international relations, most disputes are settled through negotiation between the parties or by third-party assistance in the form of good offices, conciliation or the conduct of fact-finding inquiries. One of the most interesting aspects of sports arbitration is that awards issued by an arbitral tribunal tend to be regarded as an authoritative precedent by subsequent arbitral tribunals from the same sports arbitration institution. While sports arbitration awards are not binding legal precedents, previous awards are regarded as being of highly persuasive value, and as such, arbitral tribunals that deviate from an established line of ‘jurisprudence’ are generally expected to provide reasons for such a deviation in the text of their award. However, in the interest of comity and legal certainty they are usually prepared to do so. As a result, a very useful body of sports law is being steadily built up.

This work would further assess the effect of sports arbitration in international law and jurisprudence particularly owing to the fact that sports arbitration in this part of the world is still developing. The study adopts a doctrinal and empirical approach since the work describes and analyses the current trend in arbitration and judicial settlement of disputes in international sports law. The objective is to as much as possible bring to the limelight the nature and scope of arbitration in international sports law as well as a juxtaposition of the concept of arbitration in commercial, investment and international disputes. It is our findings that in international sports law, arbitration has proven to be an extremely successful method of resolving sports disputes, and as a result it has gained the favour and confidence of the sporting world.

This success has inevitably led to a massive increase in the number of sports arbitrations taking place in recent years. Perhaps the greatest challenge that the sports arbitration community is now faced with is the need to put structures in place to ensure that the increase in the number of arbitrations does not lead to a decrease in the quality of the awards being issued. To this end we recommend that the bulk of resources, both financial and intellectual, should be dedicated to the establishment of a high-quality ‘national CAS’ in every country for the resolution of national level disputes, and a similarly high-quality arbitral body in each sport, to resolve international sports disputes.
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APPLICABILITY OF ARBITRATION IN DISPUTE SETTLEMENT IN INTERNATIONAL SPORTS LAW