Nigerian yearbook of international law 2018/2019 / Chile Eboe-Osuji, Engobo Emeseh, Olabisi D. Akinkugbe, editors.

Format:

Book

Contributor:

Eboe-Osuji, Chile, editor.

Emeseh, Engobo, editor.

Akinkugbe, Olabisi D., editor.

Series:

Nigerian Yearbook of International Law

Nigerian Yearbook of International Law ; v.2018/2019

Language:

English

Subjects (All):

International law--Nigeria.

International law.

Nigeria--Social conditions.

Nigeria.

Physical Description:

1 online resource (459 pages)

Place of Publication:

Cham, Switzerland : Springer, [2021]

System Details:

Mode of access: World Wide Web.

Summary:

The contributions to this volume focus on a diverse array of topics in international law, with scholarly interventions from experts in the field, both in academia and the judiciary, as well as case commentary on a recent decision of the International Court of Justice (Chagos Decision). The theoretical and methodological breadth of the issues covered are relevant to audiences beyond the Nigerian and African intellectual space. In particular, this volume includes analysis on critical intellectual property law questions; intersections of national, regional and international law and technology; the African Continental Free Trade Area Agreement; and maritime law. The authoritative views of the experts on the different issues covered in this volume make excellent contributions to their relevant fields.

Contents:

Intro

Preface

Contents

Part I: International Law

New Reflections on Humankind as a Subject of International Law

1 Introduction: A Preliminary Precision

2 The Central Place of the Human Person and Limits to State Voluntarism

3 The Perception and Awareness of Common and Superior Interests of Humankind as Such

4 The Fundamental Principle of Humanity

5 The Human Factor in International Adjudication: Conscience Above the ``Will´´

5.1 The Absolute Prohibition and Condemnation of Genocide

5.2 The Absolute Prohibition of Nuclear Weapons

6 Humankind and Considerations of Humanity: A Conceptual Precision

7 The Emergence of Humankind as a Subject of International Law

8 Legal Consequences of the Acknowledgement of Humankind as Subject of International Law

8.1 The Relevance of the Human Rights Framework

8.2 The Question of the Capacity to Act and Legal Representation.

References

Can the Law Respond to Threatened Apocalypse?

1 Can the Law Respond to Threatened Apocalypse?

2 Global Warming

3 The Capacity of Law

4 The status quo

5 The Global Loss of Biodiversity, Reported on 6 May 2019

6 The Relationship Among Global Warming, Loss of Biodiversity and Terrorism

7 What Should International Law Be Doing?

The Rule of International Law: Where Are We Going?

Part II: Environmental Law and Natural Resources Law

Coastal State Regulation of the Use of Arms in the Private Protection of Commercial Vessels in the Gulf of Guinea: A Nigerian ...

1 Introduction

2 Nigeria and the Maritime Security Threats of Piracy and Armed Robbery Against Ships in the GoG: A Brief Analysis

2.1 The Gulf of Guinea and the Rise of Maritime Security Threats

2.2 The Significance of Nigeria in the Threat Discourse of the Gulf of Guinea.

3 The Use of Privately Armed Personnel for the Protection of Vessels Against Maritime Crimes

3.1 The Emergence of Privately Contracted Personnel

3.2 The Legal Regime Governing the of Armed Personnel for the Protection of Vessels

4 Coastal State Competence in the Prohibition of the Use of Armed Personnel on Board Foreign Vessel

4.1 Jurisdiction of Coastal States Over Foreign Vessels

4.1.1 Coastal State Powers in the High Seas

4.1.2 EEZ and Contiguous Zone

4.1.3 Territorial Sea and Internal Waters

4.2 Invoking the Criminal Jurisdiction of the Coastal States for Criminal Violations

5 Coastal State Jurisdiction and the Use of Private Protection for Commercial Vessels: A Conclusion

Joint Development of Transboundary Natural Resources: Lessons from the Nigeria-Sao Tome and Principe Joint Development Zone

2 Joint Development Zones in International Law

3 Joint Development of Petroleum and Other Resources Between Nigeria and Sao Tome and Principe

3.1 Background

3.2 Zone of Cooperation

3.3 Regulatory Framework and Transparency Status

3.4 Management Structure of the JDZ Treaty

4 Timor Leste and Australia Joint Development Area

4.1 Background

4.2 Legal Framework for Regulation of the JPDA

4.2.1 2002 Timor Sea Treaty (TST)

4.2.2 Petroleum Mining Code of 2003

4.2.3 2003 International Unitization Agreement (IUA) for Greater Sunrise

4.2.4 2006 Treaty on Certain Maritime Arrangements in the Timor Sea

4.2.5 2018 Treaty Between Australia and Timor Lester Establishing Their Maritime Boundaries

4.3 Petroleum Operations in the Joint Petroleum Development Area

4.4 Analysis of the Timor Leste-Australia Model of Joint Development

5 Conclusion

References.

Implementing Extended Producer Responsibility (EPR)-based Electronic Waste Institutions in Nigeria: Lessons from the Global No...

2 Contextual Definitions

2.1 E-waste Disposal Methods

2.2 Impacts of E-waste on Human Health and the Environment

3 Electronic Waste: A Global Concern

4 The Extended Producer Responsibility (EPR) Principle

4.1 Methodologies and Approaches to Implementation of EPR to E-Waste

4.2 Producer Responsibility Organisations: Individual Producer Responsibility (IPR) and Collective Producer Responsibility (CP...

4.3 EPR Approaches to E-waste Management

5 EPR-based Approaches to WEEE and Implementation of E-waste Institutions in Japan and Netherlands

5.1 Netherlands

5.2 Japan

5.2.1 Shared Home Appliances Recycling (SHAR) Law

5.2.2 Revised Law for Promotion of Effective Utilisation of Resources (`Recycling Promotion Law´)

6 The Application of the EPR Approach in Nigeria

6.1 E-waste Legislation

6.1.1 National Environmental (Sanitation and Wastes Control) Regulations 2009

6.1.2 National Environmental (Electrical/Electronics Sector) Regulations 2011

6.2 Extended Producer Responsibility (EPR) Principle Under the EES Regulations

7 Challenges in the Implementation of EPR to E-waste Management in Nigeria

8 Recommendations and Conclusion

Journal Articles

Books

Chapters in Books

Online Publications

News Articles

Part III: Intellectual Property

The Participation of Pharmaceutical Drug Industry in Patent Governance and Law-Making: A Case Study of India and Nigeria

2 The Indian Patent Regime and the Participation of the Domestic Pharmaceutical Sector

2.1 Indian Generics and Patent Standard Setting

3 The Nigerian Pharmaceutical Sector

3.1 The Oil Boom, and the Rise and Fall of Nigerian Drug Sector.

3.2 Bad Policy Reforms: Import Substitution Industrialization Policy and the Structural Adjustment Programs

4 Conclusions

Further Reading

Part IV: International Criminal Law

The International Criminal Court: What Has It Accomplished?

Reference

Improving the Efficiency of International Criminal Courts and Tribunals: The Paris Declaration on the Effectiveness of Interna...

2 Improved Effectiveness Through Increased Efficiency: A Role for the Paris Declaration

3 Transparency and Predictability

4 Expeditiousness

4.1 Judicial Case Management

4.1.1 Oversight of Disclosure and Submission of Documents

4.1.2 Management of Witnesses and the Presentation of Evidence

4.1.3 Minimizing Areas in Dispute

4.2 Deliberations and Drafting

4.3 Innovation

5 Good Governance

6 Conclusion

Books and Book Chapters

Reports, etc.

UN Documents

Other International Documents

Dissertations

Speeches

Cases

The International Criminal Court on the Rohingyas´ Situation and the Early Scholarly Echo of the Decision

1 The Decision

2 The Echo of the Decision

3 Conclusions

The Law´s Response to the Plight of Victims of Trauma in the Context of International Criminal Justice

2 Humanitarian Law and Human Rights

3 Victim Participation in Criminal Proceedings

3.1 Who Is Entitled to Participate?

3.2 Modes of Participation

4 Reparation

Part V: International Human Rights and Humanitarian Law

TWAILing the Minimum Core Concept: Re-thinking the Minimum Core of Economic and Social Rights in the Third World

2 TWAIL and Human Rights: Unearthing the Core Precepts of TWAIL Ideology in the Human Rights Sphere.

3 Maximum Dissemination and Minimum Clarity? Existing CESCR Discourse on the Minimum Core Concept

4 Something Old and Something New: The Minimum Core Through a TWAIL Gaze

4.1 The Minimum Core as Normative Essence

4.2 The Minimum Core as Minimum Consensus

4.3 The Minimum Core as Minimum Obligation

5 What Next: A Context Specific Minimum Core and Its Potential Ambit

Health and Development in Africa: How Far Can the Human Rights Jurisprudence Go?

1.1 Development and Developing Countries

1.2 Health and Human Rights

1.3 Health and Intellectual Property

1.4 Health Financing and Development

1.5 Development and the African Public Health Imbroglio

1.6 Health and Development as Human Rights in Africa

2 Conclusion

Determining the Termination of a Non-International Armed Conflict: An Analysis of the Boko Haram Insurgency in Northern Nigeria

2 Understanding the Boko Haram Insurgency in Nigeria: An Account of the Crisis

3 Establishing the Status of the Boko Haram Insurgency Under International Law

3.1 Identification of a Non-International Armed Conflict

3.1.1 Intensity of Violence

3.1.2 Organization of the Armed Group

3.2 Non-International Armed Conflict for the Purpose of Additional Protocol II

3.2.1 Armed Forces of a State as a Party to the Conflict

3.2.2 Organized Armed Groups Under Responsible Command

3.2.3 Control of Territory for Sustained and Concerted Military Operations, and Implementation of the Protocol

3.3 Establishing the Boko Haram Insurgency as a Non-International Armed Conflict

4 Determining the End Point for the Boko Haram Insurgency as a Non-International Armed Conflict

4.1 Peaceful Settlement Standard

4.2 Threshold of a NIAC Standard

Book.

Chapter in a Book.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

3-030-69594-8