TURKISH AND BRICS ENGAGEMENT IN AFRICA

Elem Eyrice Tepeciklioglu* , Mohammed Evren Tok**, and Syed Basher***

ABSTRACT

This article studies the political economy of Turkey’s relations with sub-Saharan Africa (SSA) since 2002 while Turkey was under the Justice and Development Party’s (AKP) rule. It argues that Turkey has focused its engagement in Africa mostly on humanitarian assistance and the economy. Contextualizing Turkey’s relations with SSA vis-à-vis other emerging market economies, especially the BRICS (Brazil/Russia/India/China/South Africa), provides ample insights into the nature of Turkey’s engagement in SSA. While Turkey’s involvement has some similarities with that of the BRICS, there are greater fundamental and structural differences from how the BRICS established their presence in SSA. These differences mostly find resonance when juxtaposed with the activism of non-governmental actors engaged in humanitarian missions and charity work with trade-related economic investments and activism.

Keywords: Turkey, sub-Saharan Africa, political economy, BRICS, trade, humanitarian assistance.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.3

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* Research Assistant, International Law Implementation and Research Centre, Yasar University, Izmir/Turkey. E-mail: elem.eyrice@gmail.com. Phone: +902324115651 Fax: +902325707000.

** Assistant Professor and Program Coordinator, Hamad Bin Khalifa University, Doha/Qatar. E-mail: etok@hbku.edu.qa. Phone: +97433120327, Fax: +97433120327.

*** Associate Professor, Department of Economics, East West University, Dhaka, Bangladesh. E-mail: syed.basher@gmail.com, Phone: +8809666775577 ext. 140.

INCLUSIVE DEVELOPMENT AS AN IMPERATIVE TO REALIZING THE HUMAN RIGHT TO WATER AND SANITATION

Pedi Obani* and Joyeeta Gupta**

ABSTRACT

There are a plethora of governance instruments for operationalizing human rights obligations on water and sanitation at multiple levels of governance. The realization that the human right to water and sanitation depends on the discourses and approaches used in a country to implement it implies that it is not self-evident that implementing the right will lead to inclusive development. The inclusive development aims at not only social inclusion but also ecological and relational inclusion, where the latter aims at ensuring that the structural causes of inequality are also addressed. Relying on an extensive literature review and jurisprudence on the human right to water and sanitation, we develop an ideal-typical conceptual framework for assessing the human right to water and sanitation with inclusive development as an imperative. Our framework is based on the premise that governance instruments are value-laden tools which can steer social changes depending on the contextual political paradigm which can be garnered from the goals, ownership models, accountability mechanisms and incentives of actors involved in the governance process. We, therefore, propose a simple model for assessing whether the governance instruments for operationalizing the human right to water and sanitation will, in fact, lead to inclusive development.

Keywords: Human Rights, Governance, Water and Sanitation

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.4

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* Lecturer I, Department of Public Law, Faculty of Law, University of Benin, Benin City, Nigeria; PhD Research Fellow at the University of Amsterdam and the UNIHE Institute for Water Education, The Netherlands. Email: pedi.obani@gmail.com; pedi.obani@uniben.edu. ** Professor of Environment and Development in the Global South at the Amsterdam Institute for Social Science Research of the University of Amsterdam and UN-IHE Institute for Water Education, The Netherlands. This article is based on ongoing PhD research and supervision financed by the NUFFIC Netherlands Fellowship Professional Project No. CF 162/2012 for which the authors are very grateful.

THE DEFINITION OF INVESTMENT AND THE ICSID CONVENTION: MATTERS ARISING UNDER THE NIGERIAN INVESTMENT PROMOTION ACT AND INTERNATIONAL INVESTMENT LAW

Felix O. Okpe*

ABSTRACT

This article contends that the omission to define investment in the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) has a trickledown effect on the Nigerian Investment Promotion Act (the NIPC Act), in the context of investment treaty law and arbitration. Its greatest impact is the relegation of the contribution to economic development element of the definition of “investment” to a backseat contrary to the purpose of the ICSID Convention. This article proposes a simple thesis: the omission to define investment in the ICSID Convention has fostered an amorphous definition of investment under the NIPC Act, thus creating uncertainty, irrelevance and ambiguity. The uncertainty is a potential problem in the conduct of foreign direct investment under the ICSID Convention. The article recommends a review of the definition of “investment” under the Act and the adoption of a definition that restricts foreign investment within the territory of Nigeria and makes acontribution to economic development its core element in line with the fundamental objective of the ICSID Convention.

Keywords: Nigerian Investment Promotion Act, Law and Development, Investment Law and ICSID Arbitration

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.9

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* PhD (Aberdeen); Attorney at Law; Law Professor at Salmon P. Chase College of Law, Northern Kentucky University, USA. The usual caveat applies. The author may be reached at f.o.okpe@gmail.com

METHODOLOGY, THEORETICAL FRAMEWORK AND SCHOLARLY SIGNIFICANCE: AN OVERVIEW OF INTERNATIONAL BEST PRACTICES IN LEGAL RESEARCH

Rhuks Ako* and Damilola S. Olawuyi**

ABSTRACT

Communicating the results of painstaking legal research efforts is arguably as important as conducting the research itself. Established international publication outlets apply diverse submission guidelines for prospective authors. One common currency, however, is that getting a research paper from conception to publication, as a journal article, book chapter, or forum paper, requires an author to demonstrate a potential contribution to knowledge in the field. This requires a systematic research approach that unpacks contemporary issues in an analytical manner; a clear and concise presentation of ideas with focus on effectiveness; adoption of tested theoretical frameworks to underpin new ideas; and a careful proofreading of manuscript to ensure that a prospective publication meets the expected standards of good quality contribution to theory, practice or policy. This article discusses the indispensable standards and important guidelines that authors should weigh before writing papers for publication, most especially for internationally recognized journals. The authors draw on their experiences as Editorial Board members of national and international journals to unpack key theoretical, methodological and practical issues that legal researchers should consider when developing legal research papers.

Keywords: Legal Research, Methodology, Theory, Pedagogy, Legal Training, Scholarship

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.11

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* Ph.D (Kent), Senior Fellow, Institute for Oil, Gas, Energy, Environment and Sustainable Development, Afe Babalola University, Ado Ekiti. Email: rako@ogeesinstitute.edu.ng.

** LL.M (Calgary), LL.M (Harvard), Ph.D (Oxford), Professor of Law and Director, Institute for Oil, Gas, Energy, Environment and Sustainable Development, Afe Babalola University, Ado Ekiti. Email: dolawuyi@ogeesinstitute.edu.ng.

INTEGRATION OF ENVIRONMENTAL SAFEGUARDS INTO ETHIOPIAN INVESTMENT AND SECTORAL LAWS

Mohammed Ibrahim Ahmed*

ABSTRACT

The aim of this article is to analyse the nature, scope and extent to which environmental norms and principles are integrated into the Ethiopian investment laws. The integration of an environmental matter into investment laws is very important in that it ensures that investment bodies and institutions do not disregard the environment by focusing only on economic achievement. The legal analysis of Ethiopian investment laws shows that although they contain environmental protection provisions, the language, manner and extent of stipulation adopted differ. The Mining Operation Proclamation No. 678/ 2010, Energy Proclamation No. 810/2013 and Petroleum and Petroleum Products Supply Operation Proclamation No. 838/2014 integrate environmental protection in an unequivocal manner. However, the Investment Proclamation No. 769/2012 and Transaction of Precious Minerals Proclamation No. 651/2009 do not use similar language with proceeding proclamations. This article argues that if environmental protection is integrated both under the Investment Proclamation No. 769/2012 and the Transaction of Precious Minerals Proclamation No.651/2009, the language used in both proclamations should be unequivocal, clear and in good manner similar to those of Mining Operation Proclamation No. 678/2010, Energy Proclamation No. 810/2013 and Petroleum and Petroleum Products Supply Operation Proclamation No. 838/2014.

Keywords: Investment and environment, economy and environment, environmental protection, sustainable development, environmental and investment issues.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.6

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* LL.B (ekelle University), LL.M (Jimma University), Lecturer at Law School of Ambo University, Ethiopia. Email:ibshi66@yahoo.com

THE RULE OF LAW APPROACH TO REGULATING ELECTRICITY SUPPLY IN NIGERIA

Sam Amadi*

ABSTRACT

With the transfer of government shares in 17 electricity generation and distribution companies in November 2013, Nigeria crossed the Rubicon in the privatization process. This process began in earnest in 2003 with the liberalization of the telecom sector as part of a strategic reform to improve efficiency in these utility sectors. So far, privatization has not improved the quality of service in these sectors. The problem has been traced to the failure of regulation. The major problem is that the regulatory regime had not matured before privatization. This immaturity manifests mostly in the failure to protect consumer interests. This article reviews regulatory deficits post-privatization. It assesses potential conflict between principles of market orthodoxy and those of constitutional governance and argues for a rule-of-law approach to regulation post-privatization that is focused on blending of promotion of market efficiency and protection of fundamental rights.

Keywords: Liberalization, Privatization, Regulation, Market Efficiency, Rule of Law

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.2

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* LL.B (Calabar), LL.M, MPA, SJD (Harvard), Senior Lecturer, Faculty of Law, Baze University, Abuja, Nigeria; formerly Chairman and Chief Executive, Nigerian Electricity Regulatory Commission (NERC) 2010-2015. Correspondence e-mail: samadi29@yahoo.com

THE NEED FOR A GOOD ENOUGH TERRITORIAL AND ECONOMIC GOVERNANCE IN SOUTH SUDAN

Francis Onditi* and Cristina D’Alessandro**

ABSTRACT

Peace and conflict dynamics in South Sudan are intertwined with political governance, institutional capacities, and leadership. Nevertheless, in the specific South Sudanese intractable civil wars since signing of the Comprehensive Peace Agreement in 2005, territorial and economic governance are also certainly strictly connected to any possible prospect of sustainable peace for the country. As such, after carefully defining these concepts, this article emphasizes that territorial governance in South Sudan relates to boundaries definition and to the division of the national territory in states with a certain degree of autonomy. The issues and divergences engendered by territorial governance are intertwined with economic governance concerns. The uneven distribution of natural resources (especially oil) produces wealth and power redistribution concerns that are at the core of contentious relations between social and ethnic groups. These circles of tensions rapidly degenerate into conflict in a context of widespread poverty, inequality, and consequent social vulnerability. The article defines and illustrates a “good enough” territorial and economic governance framework for the South Sudanese case study.

Keywords: South Sudan; Governance; Resources; Territory; Political System.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.1

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* Senior Lecturer & Head of Department, School of International Relations and Diplomacy, Riara University, Nairobi, Kenya. Email: fonditi@riarauniversity.ac.ke. He previously served as Governance and Political Leadership policy analyst, United Nations Entity for Gender Equality and Women Empowerment, Eastern and Southern Africa Regional Office, Nairobi.

** Senior Fellow at the Centre of Governance at the University of Ottawa, Canada, and a Research Fellow at the Research Centre PRODIG (Université Paris 1 Panthéon Sorbonnne, CNRS), Paris, France and a Professor at the Paris School of International Affairs (Sciences-Po, Paris, France). Previously she served as a Knowledge Expert at the African Capacity Building Foundation in Harare (Zimbabwe) and as a professor at the University Lumière Lyon 2. Email: cdalessa@uottawa.ca

TOWARDS A COHERENT IMPLEMENTATION OF SAFE BUILDING LAWS AND REGULATIONS IN CAMEROON: LAW, GOVERNANCE AND INSTITUTIONAL IMPERATIVES

Claude Bernard Tene*, Siddig Omer**, and Blaise Mempouo***

ABSTRACT

Over the last decade, a sustained pattern of building collapse and fire outbreaks has been observed in various West African countries such as Cameroon, Nigeria and Ghana. This has become a matter of serious concern among building practitioners and the public authorities in these countries given the extensive loss of housing investment and human lives. The main reasons for the increased collapse of buildings include poor inspection and monitoring, structural defects, defective design/structure, illegal conversion and alterations and, most importantly, non-adherence to existing building regulations and laws. This article examines the scope of implementation and enforcement of safe building legislation and regulations in Cameroon. It identifies the existing national building regulations and the factors that limit their implementation. The article uses various data collected through questionnaires and interviews to support the finding that although there are extensive norms and regulations dealing with planning matters, there is a lack of technical building regulations and control in the country and that the existing regulations are not effectively implemented. Generic suggestions are made for a coherent implementation of current laws and regulation for safety in the construction industry.

Keywords: Building Policy, Building Regulations, Implementation, Safety, Africa

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.5

CONSTITUTIONAL IMMUNITY CLAUSE AND THE FIGHT AGAINST CORRUPTION IN NIGERIA

Sesan Fabamise*

ABSTRACT

One of the most pressing debates in Nigeria today is on the continued retention, or removal, of the immunity clause enshrined in section 308 of the 1999 Constitution of the Federal Republic of Nigeria. Some scholars canvass for the removal of the immunity clause because its retention, they argue, appears ironic in view of the stance of the government to rid governance of corrupt practices, including misappropriation of public funds. Others have called for its retention while another set of scholars further ask that it be extended to the leadership of the National Assembly and the States Houses of Assembly. This latter group has said that the Senate President, the Deputy Senate President, the Speaker of the House of Representatives and the Deputy Speaker as well as the Speakers of the States Houses of Assembly and their Deputies should be granted immunity under the Constitution. This article discusses the immunity clause and its sphere, extent and limits as it relates to the officers protected, the arguments for and against its retention in the Constitution, as well as state practices in other jurisdictions.It concludes that it is expedient to retain the clause, but the call in some quarters to expand it to cover the leadership of the National Assembly and States Houses of Assembly is not viable.

Keywords: Corruption, immunity, Constitution, sustainable development.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.8

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* LL.B (Lagos), LL.M (Lagos) Associate Professor and Head of Department, Public and International Law, College of Law, Afe Babalola University Nigeria.

CONTRACTUAL AGREEMENTS IN GHANA’S OIL AND GAS INDUSTRY: IN WHOSE INTEREST?

Kow Kwegya Amissah Abraham*

ABSTRACT

This article examines the history, nature, scope and policy ramifications of the production sharing contract as the core contractual agreement guiding the Ghanaian petroleum sector. It discusses the policy linkages between this form of contractual agreement and the management of the country’s oil exploration activities from 2010 to 2014. The article assesses the extent to which Ghana, as a new oil exporting country, has sought to actualize its resource benefits through negotiated contracts and agreements as well as management policies. The article argues that better negotiated contractual agreements ensure maximum State benefits from oil exploration. Again, production monitoring, periodic evaluation and institutional capacity building are effective ways of securing greater profits from oil resources. Finally, better legal and policy frameworks will also guarantee prudent management of the oil revenues. Keywords: Contracts; policy-making; agreements; oil exploration and production; Ghana. DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.9 1. INTRODUCTIONABSTRACT This article examines the history, nature, scope and policy ramifications of the production sharing contract as the core contractual agreement guiding the Ghanaian petroleum sector. It discusses the policy linkages between this form of contractual agreement and the management of the country’s oil exploration activities from 2010 to 2014. The article assesses the extent to which Ghana, as a new oil exporting country, has sought to actualize its resource benefits through negotiated contracts and agreements as well as management policies. The article argues that better negotiated contractual agreements ensure maximum State benefits from oil exploration. Again, production monitoring, periodic evaluation and institutional capacity building are effective ways of securing greater profits from oil resources. Finally, better legal and policy frameworks will also guarantee prudent management of the oil revenues.

Keywords: Contracts; policy-making; agreements; oil exploration and production; Ghana.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.9 1.

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* BA, MPhil (Ghana), MPP (Germany), Lecturer, University of Cape Coast, Cape Coast, Ghana, and Executive Director, Centre for Policy Research and Training. kow.abraham@ucc.edu.gh

LEGAL AND INSTITUTIONAL FRAMEWORK FOR PROMOTING OIL PIPELINE SECURITY IN NIGERIA

Amalachukwu Okafor* and Ayobami Olaniyan**

ABSTRACT

Oil pipelines are no ordinary assets, and their security is of utmost importance especially in a country like Nigeria where oil pipelines are the major means of transporting crude oil. Nigeria relies on this means of transportation, which has been the victim of various physical attacks over the years by vandals and militant groups. This has affected the transportation of crude oil, which isthe most important resource sustaining the Nigerian economy, putting it in jeopardy. This article appraises the efficacy of relevant Nigerian legislation providing for oil pipelines security; highlights the weaknesses of the current regulatory arrangement, and suggests legal reforms to make oil transportation through pipelines efficient, effective and secure in Nigeria. These reforms include the need to have a comprehensive legislation on oil pipeline security; the need to review relevant legislation providing for the security of oil pipelines in Nigeria; proper funding of the security agencies saddled with the overall responsibility for managing as well as safeguarding the pipelines to ensure their productivity; and overhauling the entire security apparatus put in place to protect oil pipelines in Nigeria by having a sustainable and strategic approach to dealing with oil pipeline insecurity.

Keywords: Pipelines, Oil, Vandalism, Sabotage, Security.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.10

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* Lecturer, Department of Public and International Law, College of Law, Afe Babalola University, Ado-Ekiti, Nigeria

** Lecturer, Department of Public and International Law, College of Law, Afe Babalola University, Ado-Ekiti, Nigeria.