Conflict occurs everywhere except in the cemetery. Everyone experiences conflict except the dead – Assegid Habtewold. This drives home the assertion that conflicts are innate to human beings. In the bustling marketplace of ideas, numerous factors are responsible for how disputes are perceived and resolved, and culture is inevitably a player. Pause! Take some time to imagine a mediator’s or arbitrator’s table where participants hail from the far and distinct ends of the earth. What would be the expectations of the Nigerian Igbo trader? Or the ideology of the Kenyan elder? Or the approach taken by the businessman from China? Questions like these and the answers thereof are what determine an effective Alternative Dispute Resolution (ADR) process.
THE PROTECTION OF CIVILIANS IN ARMED CONFLICT: AN AFROCENTRIC PERSPECTIVE ON INTERNATIONAL HUMANITARIAN LAW
The Geneva Conventions of 1949 and its additional protocol of 1977 created International Humanitarian Law (IHL), a set of principles which governs warfare between nations and provides protection for civilians and other non-combatants in its eventuality. Yet, years after its implementation, civilian protection still remains weak. In 2023 alone, 33,443 civilians lost their lives to armed conflicts worldwide. This number represents a 72% rise from 2022, with the effects on vulnerable groups devastating: 4 out of 10 casualties been women and children accounting for 3 out of 10. These figures also show that women and children casualties have respectively doubled and tripled in 2023 compared to 2022.
BRIDGING GLOBAL REGULATORY STANDARDS: A COMPARATIVE LOOK AT NIGERIA, GHANA, THE U.S., AND LATIN AMERICA
As the world’s economies grow more integrated and digitally driven, regulatory frameworks play a fundamental role in shaping innovation, investment climates and sustainable development. While developed economies like the U.S have long-established regulatory institutions, emerging markets such as Nigeria, Ghana, and many Latin American countries are rapidly evolving their legal and institutional frameworks to keep pace with global standards. As a result, this article highlights and compares the similarities, gaps, and uniqueness across these regions in five critical regulatory areas such as the Data Protection, Competition Space, Foreign Exchange, Artificial and ESG. Additionally, this article seeks to proffer forward thinking strategies and recommendations on how these regulatory frameworks can improve the ecosystem of these regions.
GAS FLARING IN NIGERIA: BURNING OUR FUTURE, ONE TORCH AT A TIME
Gas flaring is a significant contributor to greenhouse gas emissions and is accountable for climate change. Gas flaring in Nigeria is very notorious, as the nation consistently ranks among the top ten gas flaring countries in the world. The adverse effects can be gleaned from the ensuing health and environmental challenges and economic loss. This paper aimed to identify what gas flaring entails, the legal framework regulating the control of gas flaring in Nigeria, and the challenges, whilst highlighting necessary policy recommendations and proposals. The paper highlighted factors such as weak enforcement, lack of adequate infrastructure, among others, as some of the challenges to curbing gas flaring in Nigeria. In this light, the paper recommends alternatives to gas flaring and emphasizes a strict implementation framework to address these challenges. The research methodology employed for this paper is doctrinal.
TECHNOLOGY AND IMMIGRATION LAW: THE ROLE OF ARTIFICIAL INTELLIGENCE IN IMMIGRATION ENFORCEMENT
Migration is an intrinsic part of human history. This phenomenon is informed by different motivations, ranging from seeking work or economic opportunities to studies, family reunions, escaping conflicts, or large-scale human rights violations. While some migrate out of choice, others do so out of necessity. This phenomenon’s prevalence has shifted because of modernisation. Technological advances have greatly influenced the migration of people from one Country to another. The 2030 Agenda for Sustainable Development recognises the positive contribution of migrants to sustainable development and inclusive growth. The central core principle of this Agenda is the “leave no one behind” principle, which includes migrants. The data on migration by the Population Division of the United Nations Department for Economic and Social Affairs shows that the latest estimates for 2020 show that the number of international migrants worldwide, people residing in a country other than their Country of birth, reached 281 Million. What then is the role of Artificial intelligence in immigration enforcement? Different countries have adopted various forms of artificial intelligence, including facial recognition systems at the border crossing and algorithms designed to predict the potential outcomes of asylum claims. This has consequently reduced the backlog of cases in immigration courts and agencies. However, Criticisms exist regarding the operational efficiency of Artificial Intelligence tools and the risks they pose to immigrants’ privacy rights and civil liberties. Human rights concerns about privacy infringements have been raised. Thus, the governments and sectors responsible should seek to establish a regulatory framework that harnesses the potential of Artificial Intelligence while mitigating its risks.
BEYOND FORCE: THE NEED TO INCORPORATE ABSENCE OF CONSENT AS AN ELEMENT OF RAPE, A REFLECTION ON ETHIOPIAN LAW
In recent years, the global perception of sexual violence has shifted with greater emphasis on consent as a defining element rather than physical force and resistance. However, the definition of rape in different legal systems including Ethiopia continue to remain focused on violence, coercion or the victim’s incapacity to resist. Despite being comprehensive, the Ethiopian criminal code lacks explicit recognition of the absence of consent as a defining element of rape. In addition to compromising the autonomy and dignity of victims, such omission creates significant loopholes making it challenging to prosecute non-consensual sexual acts that do not entail overt intimidation or physical violence. This paper argues that a consent-based definition of rape is crucial to ensure that all forms of sexual violation, regardless of the presence of force are adequately addressed within the Ethiopian legal system. Such change would enable the legal system to better protect the rights of the victims, align itself with international human rights standards, and advance a society that is just and equitable.
