The African Woman In International Law
Lorna Afoyomungu Olum
This article interrogates the problematic nature of classical international law,
showing the ways in which it historically privileged, and advanced, European
values and interests over those of subaltern groups. While acknowledging the
contributions of the Third World Approaches to International Law (TWAIL) and
Feminist approaches, as important challenges to traditional international law,
the article argues that these critical movements themselves contain a blind
spot - insofar as they do not adequately surface the needs and concerns of the
African woman as a subject of international law. To this end, the article
suggests a need for further reflection upon, and responses to, the multiple
ways in which the African woman is excluded - normatively and institutionally
- in the contemporary international legal framework.
From Non-interference To Non-indifference: The Origin And Status Of Article 4(h) Of The Constitutive Act Of The African Union
Lornah Afoyomungu Olum
This article examines the historical, legal and political context within
which Article 4(h) of the Constitutive Act of the African Union was
formulated. It also considers the place of Article 4(h) in the contemporary
international legal order. In the main, it is considered that, as recognized
by Principle 11 of the Pretoria Principles, Article 4(h) is envisaged and
validated by Article 53 of the UN Charter. More affirmatively, it is
suggested that the place of Article 4(h) as a feature of the normative legal
framework on intervention is secured by the emergence of the
Responsibility to Protect (R2P) doctrine, which has been broadly
endorsed under the UN framework.
Decimating The Enemy Below: Ottawa Convention And The Realization Of Landmine Ban In International Law
Olusola Babatunde Adegbite
The article presents an eclectic overview of the most comprehensive and boldest attempt at landmine ban that is the Ottawa Convention 1997. It examines how for the first time a major global movement, made up of International NGOs and less than powerful states, broke new grounds and produced this historic document. It shows how international treaty-making was successfully carried out, notwithstanding a lack of cooperation from the superpower nations. Importantly, it discusses how the international legal framework under the convention, effectively addresses the ban on landmines.
It notes that the convention not only expands the scope of the previously existing international legal framework but also creates cutting-edge international obligations while in uncommon firmness shuts out the vexed issue of reservations. It also highlights a major challenge before the convention which is the seeming aloofness and cavalier attitude of major superpowers such as the United States (US). It particularly examines the standoff between the US and the convention, submitting that the US stands to gain more by signing the convention, rather than its current state of disinterestedness and this would go a long way in realization of the objectives of the convention.
International Cooperation As An Anti-trafficking Measure In Nigeria
David Oluwagbami & Oluwakemi Omojola
Human trafficking is one of the most dehumanizing forms of organized crime. It often has transnational characteristics. Nigeria is a centre of human trafficking. It is an origin, transit and destination country for trafficked persons. Global Slavery Index (2018) Report ranked Nigeria 32/167 of the countries with the highest number of victims. International cooperation in curbing this crime dates back to the early 1900 when agreements and conventions for the suppression of slavery, trafficking in women and children were put in place. Although Nigeria has a legal and institutional framework in place, there are indications that the country requires further cooperation with other countries to suppress human trafficking significantly. The need for further cooperation is reflected in the 2020 Trafficking in Persons (TIP) Report, where Nigeria was downgraded from Tier 2 to Tier 2 Watch List. Using doctrinal research, this paper examines international cooperation as a vital plank in fighting the scourge of human trafficking effectively. The paper finds that despite progress made in recent times, more effort is required in international cooperation in the areas of law enforcement and prosecution in order to enhance the fight against human trafficking in Nigeria. The paper makes relevant recommendations to that effect.