- Solving the Fertile Infertility of the ‘Golden Standard’ in the GDPRGeneral abstract The theory of cross-fertilization harbours potential for prioritizing and guiding contemporary proposals on reforming the one-size-fits-all approach in GDPR-styled data protection law and practice in Africa. Introduction The comparative approach to compliance is inevitable with increased region-specific approaches to data protection worldwide. The goal of comparative data protection law should not be uniformity…
- Will Ghana’s Supreme Court toss Africa’s newest anti-gay law?In Ghana, identifying as LGBTIQ+ and engaging in certain related activities will soon be prohibited.[1] This is if Human Sexual Rights and Family Values Bill 2024, enacted by the Ghanaian Parliament on 28 February 2024 will be assented to by President Nana Akufo-Addo. Amongst the new crimes, identifying as LGBTIQ+ will be an “offence”, which…
- The Legal Status of Indigenous Peoples within the East African CommunityIndigenous peoples are found across almost all the Partner States of the East Africa Community (EAC) and are broadly categorised into nomadic, semi-nomadic and hunter-gatherer communities. Defining Indigenous Peoples in Africa Defining indigenous peoples in Africa has been quite controversial since the majority of the inhabitants consider themselves indigenous to Africa. The commonly accepted definition…
- Our development is inextricably linked to the past and next generation1. Introduction Natural resources, including minerals, belong to our common heritage, entrusted to present and future generations to support their respective needs.[1] In this respect, mineral resources have the potential to enhance the right to development,[2] a fundamental human right enshrined in the African Charter on Human and Peoples’ Rights (African Charter) and in the…
- The Legal Analysis of Community Rights in Environment Decision-Making in the Federal Republic of SomaliaIntroduction People often feel hopeless and powerless to protect the environment, themselves, their families and their individual rights. However, through the creative use of the law, a number of notable successes for the environment and people have been recorded in many countries.[1] Environmental decision-making in Somalia stands at the intersection of legal, social, and environmental considerations, with…
- Global Crises and the Reassessment of the World’s Ethical Foundation: Lessons from African Communitarianism Introduction Global crises have one common feature – they are not innocuous. Covid-19, climate change, and poverty all have harmful features and are not benign occurrences. Nevertheless, they may produce learning moments, such as providing an opportunity for a moral reassessment of norms, laws, and practices in human society. Covid-19 is a case in point:…
- The Legal Analysis of Community Rights in Environment Decision-Making in the Federal Republic of SomaliaIntroduction People often feel hopeless and powerless to protect the environment, themselves, their families and their individual rights. However, through the creative use of the law, a number of notable successes for the environment and people have been recorded in many countries.[1] Environmental decision-making in Somalia stands at the intersection of legal, social, and environmental considerations, with…
- Territoriality of Intellectual Property Systems and Intellectual Property Protection under the EAC Common MarketIntroduction Intellectual Property (IP) protection systems in the EAC embrace the principle of territoriality in the protection of all aspects of IP. The principle of territoriality of IP systems entails the protection of IP based on national laws, i.e., what is protected and the scope of protection is limited within relevant national laws. In the…
- Enhancing Performance Auditing in Regional Economic Communities: A Case Study of the EAC1. Introduction Regional Economic Communities (RECs) are established to achieve various goals, but almost all are established for economic purposes and to reduce, if not eliminate, all intra-trade barriers.[1] The East African Community (EAC) integration objective has been primarily to progressively reach a “political Federation”.[2] RECs establish explicit structures such as the summit and the…