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Author(s):
Promise Okezie.
Page No : 1-8
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Intellectual Property, The African Continental Free Trade Agreement, Harnessing and Protecting Modern Technology in Africa
Abstract
The Ubuntu concept emphasizes the realization of one’s self through the realization of another, and it is this concept that forms the foundational philosophy underpinning the African Continental Free Trade Agreement (herein AfCFTA). The AfCFTA establishes an ambitious trade pact to form the world’s largest free trade area by connecting almost 1.3billion people across 54 African countries. Thus, the AfCFTA, emphasizes the realization of individual countries within Africa through the realization of the African region. One of the concerns of the AfCFTA is the promotion of innovation and enterprise through the protection of the intellectual property rights of African entrepreneurs. The big question is how well has the AfCFTA addressed the issues of fragmentation of various laws across Africa especially in relation to filing of patent and registration of trademarks. This paper finds that the monotonous patent filing requirement in various countries in Africa is one of the barriers facing young entrepreneur in Africa. This paper suggests the move from national legislation, to supra national legislation so as to achieve a harmonized and standardized market within the African region which would solve the problem of having fragmented national laws and requirement.
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Author(s):
Eric Chigozie Ibe Esq , Asso. Prof. Halima Doma.
Page No : 9-20
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Rule of Law against the Rule of Force in The Russian-Ukraine Crises
Abstract
The United Nations Charter has clearly prohibited the use of force by a state against another state. This policy was put in place with intent to maintain international peace, stability, and respect for the sovereignty of individual nations. Russia annexed Crimea from Ukraine in March 2014 and subsequently invaded Ukraine in February 2022 which has since then been carrying out attacks on Ukraine. This article examined how Russia violated the prohibition of the use of force under international law by invading Ukraine and annexing part of its territory, and the possibility of Russia facing the desired legal consequences. The authors in achieving this objective resorted to the doctrinal approach of legal research which is library based. It was discovered that Russia has clearly violated the international laws prohibiting the use of force. However, the possibility of obtaining remedy against Russia pose a major challenge. First, ICC lacks the jurisdiction to prosecute Russia because both Russia and Ukraine are non-parties to the Rome Statute and its amendments on aggression. Second, any referral by the UN Security Council will be vetoed by Russia being one of the five permanent members of the Council. Lastly, prosecution at national courts may be impeded by immunity of Heads of States and public officials. The evident option for Ukraine is to explore setting an international tribunal either via the UN, ICC, or agreement with an international organisation or other states.
Key Words – Rule of Law, Rule of Force, Crime of Aggression, International Criminal Court.
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Author(s):
Joseph Matawa.
Page No : 21-28
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Law and War in the International System: Striking A Balance Between International Law And International Politics
Abstract
The existence of a strong international order rests on the foundation of global peace and security. That is why the maintenance of peace and the prohibition of the use of force in the conduct of international relations lies at the core of modern international law. Sadly, and all too often, states resort to the use of force in pursuit of national interest and to achieve some geopolitical objective. This has raised questions as to the effectiveness of international law in preventing armed conflicts and the role international politics as presently structured, understood and practiced plays in fomenting hostilities in the global scene.
Using the Russia-Ukraine conflict as a point of reference, this essay will consider the implications of such conflicts in international law and politics. To be specific, we shall consider the relationship between International Law and International Politics, the not so effective measures of international law in preventing armed conflicts and explore the possibility of utilising international politics to supplement international law efforts in maintaining global peace.
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Author(s):
NIRAJ KUMAR SETH.
Page No : 29-53
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An Impact Assessment Of Work Hour Regulations On Employee Productivity By Using The M.L.S. Framework
Abstract
Employee productivity measures the output produced in physical or monetary terms on an average by each employee per unit time. Labour laws across the world have mainly been driven by the concern for labour welfare and to put an end to labour exploitation. However, the economic rationale behind such laws have not been fully explored. Some nations around the world have enacted labour laws on maximum standard work hours allowed per week. Such laws are justified mostly on the grounds of emancipation of workers and as a step towards labour welfare. This research work goes beyond purely welfare-based arguments and explores the socio-economic basis of such laws. The paper studies labour laws on work hours around the world as the first step. Secondly, it measures employee productivity in top five OECD economies and the five BRICS nations by a quantitative tool known as ‘The National Employee Productivity Ratio’. Thirdly, it extends the analysis by measuring employee productivity in the 4 largest Information Technology companies in the U.S. and India each, with the help of another tool known as ‘The Company-wide Employee Productivity Scale’. The two tools, known collectively as ‘The M.L.S. Framework on Employee Productivity’, have been devised by the author to study the average levels of employee productivity in nations and companies. Fourthly, the paper investigates into the relationship between the standard maximum number of work hours under labour laws in countries and employee productivity and analyses the reasons behind such relationship. Finally, it concludes that work hour regulations that put a ceiling on maximum standard work hours do not harm employee productivity. On the contrary, such regulations have a positive influence on employee productivity.
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Author(s):
CHUKWUMA CHISOM.
Page No : 54-65
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The Role of The African Union in De-Escalating The Effects of the Ukraine-Russian Crisis
Abstract
The world has always paid enormous price as a result of armed conflicts. All spheres of countries' development are affected whenever two nations dive into major armed crisis but the economy has time and again proven to always receive the worst strike. Ukraine-Russian crisis has run aground the world's most integral aspects of economy expansion and growth ranging from agriculture, education, energy to infrastructural development. In the light of this background, this essay does not only examine the effects of Ukraine-Russian crisis but went further with the important steps the African Union needs to take in other to de-escalate them.
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Author(s):
Rosemary Adenike Balogun.
Page No : 66-88
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21st Century Feminist Philosophy and the 1948 UDHR in International Relations
Abstract
Similar to several theories and philosophies that have raised awareness on gender-based violence, discrimination against women amongst others, feminist philosophy and feminism has spanned nations, cultures and globalizations even though women still experience various forms of discrimination either based on age, marital, ethnic status and mostly gender. The fact that gender equality has not proffered a solution to these issues led to the purpose of this research which is critique and argue the intersection of feminist philosophy with the 1948 UDHR and how masculine identities are being favoured overtime in the society. This research emphasized the importance of gender equity as its purpose through the analysis of the patriarchy and liberal feminist theories. Historical descriptive analysis is adapted in this study. The population of the study includes both published and unpublished research materials related to gender and human rights. Purposive sampling technique is used in the selection of available research materials. Secondary sources of data for the research consists of published literature from Maynooth University and Lead City University as well as the internet. Data collection and analysis involves library search and analysing previous scholarships in research while the research instrument employs document analysis. This research also concludes that feminism as emphasized gendered logics as effective organising system that questioned the definition of “women” in International Relations.
Keywords: Gender Discrimination, Feminism, Human Rights, Patriarchy, Feminist Philosophy
7 |
Author(s):
Suliyat Omotolani Olapade.
Page No : 89-115
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Access to Covid-19 Vaccines in LICs in Africa: An Examination of the Human Rights Concerns and the Obligations of International Assistance and Cooperation
Abstract
Africa has historically had low access to medicines, due to numerous reasons, and has lagged behind in medical treatments and advancements, particularly during global pandemics. At the beginning of the COVID-19 pandemic, some high-income countries (HICs) enacted laws and undertook other measures that resulted in restricted access to COVID-19 vaccines and related commodities in low-income countries (LICs). It was reported, for example, that the United Kingdom enacted laws to prevent the exportation of essential medicines, the European Union curbed exports of hospital supplies, and the USA restricted PPE [personal protective equipment] exports. Some HICs entered into advance purchase agreements with COVID-19 vaccine manufacturers to secure doses well beyond their population’s needs (hoarding). It was also reported that LICs later received shipments of nearly expired COVID-19 vaccines, which proved impossible to administer before they expired.
These detrimental actions of some HICs led to disastrous effects (as evident by the mortality rate from the COVID-19 pandemic), despite the right to health being guaranteed and the obligations of international assistance and cooperation (IAC) existing under the International Covenant on Economic, Social and Cultural Rights (ICESCR).
In light of the foregoing, this paper discusses inequalities in access to medicines (COVID-19 vaccines) in African LICs, the human rights concerns, states’ obligations of IAC under the ICESCR, lessons learned from COVID-19 pandemic inequities, and future pandemic preparedness to ensure universal access to medicines.