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The absence of effective government, one of the most important issues in current international law, became prominent with the failed state concept at the beginning of the 1990s. Public international law, however, lacked sufficient legal means to deal with the phenomenon. Neither attempts at state reconstruction in countries such as Afghanistan and Somalia on the legal basis of Chapter VII of the UN Charter nor economic liberalisation have addressed fundamental social and economic problems. This work investigates the weaknesses of the failed state paradigm as a long-term solution for international peace and security, arguing that the solution to the absence of effective government can be found only in an economic and social approach and a true universalisation of international law.
Our Continent, Our Future presents the emerging African perspective on this complex issue. The authors use as background their own extensive experience and a collection of 30 individual studies, 25 of which were from African economists, to summarize this African perspective and articulate a path for the future. They underscore the need to be sensitive to each country's unique history and current condition. They argue for a broader policy agenda and for a much more active role for the state within what is largely a market economy. Finally, they stress that Africa must, and can, compete in an increasingly globalized world and, perhaps most importantly, that Africans must assume the leading role in defining the continent's development agenda.
Nigeria's political economy has straddled the ideological divide between socialism and capitalism. The country produces oil, and at some point in its existence, it embarked on robust state involvement in the economy. This was marked by the acquisition, or establishment, of numerous state enterprises. Over the years, the performance of these enterprises was found to be dismal, and as part of the overall reform of the economy, Nigeria has joined the global trend toward reduction in direct state ownership of enterprises. Indeed, it has embarked on massive divestment of state interests in once publicly owned firms. Besides the universal rationale of efficiency, one of the objectives of the privatization exercise in Nigeria is the attraction and retention of foreign investments. This work examines the direct and indirect linkage between the government's divestiture of its interests in firms, on the one hand, and foreign investments in the country, on the other hand. The book is divided into seven chapters. Chapter 1 reviews the political and economic history of Nigeria, to set the background and context that necessitated the introduction of the reform package of which privatization is just an aspect. Chapter 2 is a discussion of various natures of state involvement in an economy. This ranges from mere regulation to active participation. The chapter discusses the competing conceptual and ideological theories and tries to situate the Nigerian experience within the broader conceptual dichotomies of capitalism, socialism and the via media of mixed economy. Chapter 3 is an examination of the meaning and rationales for privatization of state owned enterprises generally and the Nigerian attempts in particular. Nigeria's privatization program is an ongoing exercise. Yet two distinct attempts are identifiable: one which started in 1988 and the reinvigoration of the exercise, albeit with new constitutive frameworks, in 1999. Thus, Chapters 4 and 5 review the legal and institutional frameworks for these two exercises. Chapter 6 deals with foreign investments in Nigeria. The discussion encapsulates the pros and cons of foreign investments, especially in Nigeria. Chapter 7 explores the direct and indirect linkages between the privatization program in Nigeria and foreign investments in the country. This is particularly apposite because one of the touted objectives of the privatization exercise is the attraction of foreign investments. A conclusion follows. The work finds that although foreign investments appear to have been indirectly boosted by the privatization exercise, foreign investors initially did not show interest in direct acquisition of the shares and other interests being relinquished by the government, but that that attitude has been changing gradually.
Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better – the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School
This book, which relies on primary and secondary printed sources and a series of interviews with affected persons, lawyers, judges, and customary court presidents in Nigeria, focuses on the place of due process in the Nigerian legal system. Uwakah is concerned about the abuse of this important fundamental right in his country. The purpose of the book is to examine how due process operates in Nigeria and whether the coexistence of the customary law, the English common law, the Moslem law, and the martial law systems in Nigeria hinders or enhances due process in the country. Finally, the study investigates the suitability of the British version of due process to Nigeria, since the concept is imported to the country. The book concludes that the British version of due process is unsuitable to Nigeria because the country's political, economic, social, and religious backgrounds substantially differ from those of Britain. This conclusion is premised on the consensus of the interviewees. Uwakah recommends the country's immediate transition from military to civilian rule.
This collections of papers, from twenty-seven chapters is on aspects of reforms and labour and employment relations in Nigeria over the past three decades.
Nigeria's Stumbling Democracy and its Implications for Africa's Democratic Movement is the first book to recount and analyze Nigeria's controversial general elections of April 2007. Because Nigeria's immense and diverse population of 140 million people and its wealth of natural resources make it a microcosm of Africa, Nigerian politics are an ideal case study and bellwether by which to view and understand African politics and the ongoing democratic experiments on the continent. Ten leading scholars of Nigerian and African politics, variously based in Nigeria, the US, and Europe, contribute original chapters commissioned by Professor Okafor to provide an account at once deep and comprehensive of what went wrong with these disputed presidential, federal, and state elections; together with their implications for the future of the democratic movement, both in Nigeria and in Africa as a whole. Although the 2007 general elections resulted in the first-ever handover of political power from one civilian government to another in the history of Nigeria, by which the two-term Christian president Olusegun Obasanjon was succeeded by a Muslim, Alhaji Musa Yar'Adua, they were condemned by internal and international watchdogs for pervasive vote-rigging, violence, intimidation, and fraud which were, as this book documents, perpetrated by and with the connivance of the nation's security forces. The disappointment of continental hopes that these elections might finally break with Nigeria's history of tainted elections has grave repercussions for the democracy movement not only in Nigeria but throughout Africa-as seen in the knock-on effect upon the disastrous general elections in Kenya later the same year.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of Nigeria provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of Nigeria for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.