The Uruguay Round of trade negotiations, completed in 1994, has fundamentally transformed the legal landscape of the world trading system, making the WTO arguably the most powerful international economic institution in the world. Yet, the systemic problems that have dogged the WTO since its establishment in 1995 have their roots in the nature of this transformation and its implications for developing countries, especially African states. Developing countries, hitherto excluded from GATT rules, became subject to expanded WTO legal rules and disciplines on a range of new areas, including services, intellectual property rights and investment measures. The possibility of deepening and widening the rule-base of the trade regime is also likely with the Doha agenda, which includes possible negotiations on new rules dealing with investment, competition policy, trade facilitation, and transparency in government procurement.

Clearly, the increasing legalization and internationalization of trade rules have implications for weak states. International legalization involves sophisticated bargaining where power relations play a significant role. The purpose of this article is to explore, in the context of some of the theories of international law and political economy, how the preferences and interests of African countries are reflected in international rule making that involves both weak and powerful states. The article traces the institutional and legal evolution of the world trading system and how African countries have been affected by these developments. The new Doha agenda is examined with a view to establishing whether it holds out any real hope of redressing the imbalances in the system. Finally, suggestions are made as to how global trade rules can be fair, and therefore made to work for poor states.

In this article, a brief statistical account of the participation of developing members in the WTO dispute settlement system is given. This account is set against a consideration of the criteria for measuring the participation of developing members in the WTO dispute settlement system. This is followed by a focus on how the “developing condition” has been argued and taken into consideration in the dispute settlement practice of the WTO. Finally, some of the principal problems involved in participation, along with suggested reforms, which relate to the participation of developing members in the WTO dispute settlement system, are considered.

The quite complex problems of human and group survival in Africa do not easily lend themselves to diagnosis or solutions within the human rights frame of analysis. There are several reasons for this. Some arise from the recent and not–so–recent history of the continent, others are associated with the foundations and formulation of the human rights framework itself, and the rest with the orientation of those governments, individuals, and organizations involved in or entrusted with translating the promises of human rights into human reality. The invidious dichotomies within human rights discourse between civil, political, economic, social, cultural, and collective (solidarity) rights or the so–called “categories” or “generations” of human rights, with the attendant and implicit hierarchy among these categories of rights, fails to resonate with most people around the continent for whom contact with the state is a frightening prospect that defies such convenient intellectual categories.

In the immediate aftermath of World War II, the initiators of the UN system and the Universal Declaration of Human Rights (UDHR) were convinced that respect for human rights and the dignity of the individual was essential to peace and conflict prevention. Perhaps, this was a realistic assessment of events informed by the experience of the failure of interwar agreements to protect especially minorities from genocidal butchery and dehumanization. Human rights was therefore seen as a primary means of conflict prevention and of promoting peaceful coexistence. Having evolved into a formidable global moral and political language of our time, human rights has since become the battle cry of many oppressed persons or groups.

Geographical indications (GI's) for foods link a quality or characteristic of a product to its locality of origin. GI's usually represent traditional or artisanal knowledge and techniques, yet they are recognized as a form of intellectual property. A GI may propel a food or beverage product from commodity status (blue cheese) into the high value niche or gourmet market (Roquefort cheese) and, consequently, can have a positive social and economic impact on farmers and rural development. African teas, coffees and other special products might benefit from greater international recognition and protection of GI's. Geographical indications are defined in but receive very limited international protection under the WTO Agreement on Trade-Related Aspects of Inellectual Property (TRIPS). Most regulation of GI's in national (e.g., in the Cote d'Ivoire and South Africa) or regional (e.g., the Bangui Agreement and in the E.C.). At the WTO and during the Doha Development Round discussions Kenya, Mauritius, Nigeria and South Africa, among other African countries, have argued for the expansion of the TRIPS rules, as have the E.C. and Switzerland. Ausralia, Japan, and the U.S., several countries in Latin America, and others conside GI's as likely protectionist measures and prefer to rely on trademarks. Each African country must determine whether the potential benefits of GI's—including their positive impact on rural development—sufficiently balance the costs of implementing some form of an international system.

The South African telecommunications sector has recently been the subject of renewed interest as it commences its second phase of liberalization and opens up its fixed line market to competition. With democracy in place since 1994, the challenge of economic and social development created by the ravages of apartheid required detailed government policy in every sector. Telecommunications was no exception. Since the promulgation of the 1996 Telecommunications Act, developmental objectives, particularly universal service, the advancement of small and medium enterprises (SMMEs) and the economic empowerment of historically disadvantaged individuals have rivalled more pedestrian sectoral reform goals often given priority in other countries, such as the promotion of innovation and competition.

Having been elected from the same pool from which state and federal officials have emerged, it might, on the face of it, seem rather unjustifiable to deny local government council (LGC) officials the autonomous tax imposition authority, which is ordinarily inherent in any government. But this is what the 1999 Constitution seems to have done in denying the autonomous power of rating to the LGCs, however, this constitution has used words made ambiguous by their historically varying content such that even the highest Nigerian court has been misled. The drafting has led to the impression that LGCs may “impose”, rather than merely “collect”, rates or any other such taxes by their own authority.

This article attempts to discover the character and consequences of this hermeneutic problem, the apparent misconceptions that have led to it, and the doctrinal and historical approaches the courts may adopt for its solution. In trying to appreciate or rationalize the court's misapprehension of this part of the constitution, the article suggests that the major reason is the drafter's attempt to create a three-tier federation while at the same time retaining the traditional two-tier constitutional structure for allocation of federalist power.

To return the courts to the right path, this article proffers historical approaches for clarification of the conceptual haze. It then concludes that, although the Nigerian constitution allows a delegation of rating power to LGCs, contrary to the current position of the Supreme Court, this rating authority is not autonomous.

This paper examines the status of the certificate of occupancy in relation to the question of title to land in Nigeria. This is with a view to determining whether or not the present state of real property registration laws in Lagos State of Nigeria permits the registration of a caution on the certificate of occupancy so as to reveal any charge or encumbrance on the certificate of occupancy upon a cursory examination. In this regard, the paper investigates the question of whether or not the certificate of occupancy is a document of title, which assures the existence of a right of occupancy in favour of the holder.

Imagine, as one may well imagine at this time of the day, a chocolate mousse, dark and delectable, or a tempting tiramasu or a perfect pavlova. How are you going to decide which is best? Yes, indeed the actual presentation of the puddings may influence your choice, but to be able to make an informed choice, you would need to taste them. Do you have to make the choice according to your own taste, or do you have to decide which should go best with your menu for your dinner party? If you have to decide which is best, you would have to be able to rank them in relation to other mousses, tiramasus or pavlovas. You need to know the ingredients, and for a professional decision you would need some knowledge of the art of cooking. Proof in the art of cooking, science, and also in law depends on the quantum and quality of evidence or data sufficient to support a conclusion. Loevinger concludes that “[p]roof ultimately depends on the ability of the human mind to make appropriate and useful distinctions and connections among data or items of evidence”.

At the National Consultative Forum on Transforming the Administration of Justice System in Nigeria, convened by the Federal Minister of Justice and the Federal Attorney-General in November 2001, it was decided to draft a National Action Plan on Justice Sector Reform in Nigeria and to produce a Justice Vision document. The Ministry of Justice and the Attorney-General's office identified the need to examine ways of (a) upholding the Constitution and the rule of law; (b) promoting justice, fairness and human dignity; and (c) incorporating and expanding community participation in the administration of justice. The Legal Aid Council of Nigeria could contribute to this process by establishing a public defender network using law graduates in the National Youth Service Corps (NYSC). It may be possible to use the NYSC scheme to expand dramatically the current level of legal aid in Nigeria by employing the services of NYSC law graduates more extensively as public defenders. In order to consider the feasibility of such a programme the following factors will be considered: (i) the availability of lawyers and law graduates; (ii) the duties imposed by the Nigerian Constitution; (iii) the function of the Legal Aid Council; (iv) the operation of the Legal Aid Council; (v) the provision of legal aid services by the Legal Aid Council; and (vi) the cost of establishing a structured NYSC public defender programme.

Clearly, one of the greatest challenges that faces sub–Saharan Africa is the AIDS pandemic. The Human Immuno–Deficiency Virus (HIV), which causes AIDS, continues to spread at an alarming rate. In South Africa the statistics relating to the AIDS disease are staggering. With the greatest impact on the young and economically active population, it is estimated that without firm action, it will be an epidemic of catastrophic proportions, which will break up the foundations of socio–economic life. Against this background, the need for combative measures and strategies to deal with the problem is not in doubt. Civil society groups have taken an active interest in this issue and some, like Treatment Action Campaign (TAC), have conducted campaigns for access to quality health services. Recently, the Constitutional Court of South Africa was faced with an important case involving AIDS, pitting civil society groups on one side and the government of South Africa on the other. At the centre of the dispute was the South African government's response and policy towards combating the spread of the disease through mother–to–child transmission at birth.

In 1996 a communication was brought to the African Commission on behalf of the Ogoni people, by the Social and Economic Rights Action Center (SERAC), a Nigerian–based NGO, and the Economic and Social Rights Action Center, a New York-based NGO. This communication averred the Nigerian government's involvement in the environmental degradation and resultant health problems amongst the Ogoni, as well as the destruction of their housing and food sources, through uncontrolled and irresponsible oil production by the State oil company (a majority shareholder in a consortium of oil companies), as well as the ruthless actions of the Nigerian military in support thereof.

During the 1980s and 1990s there were two major changes to forest management objectives in Tanzania. Firstly, it was recognized that some of the forests, notably those on mountains in the east of the country and the coastal plain, are exceptionally rich in species of restricted distribution. Recent analysis has even placed these forests amongst the most important biodiversity hotspots world-wide. Secondly, there was a recognition that communities needed to be much more involved in forest management. The Forest Act, 2002, which replaces the 1957 Forest Ordinance, tackles both of these objectives and introduces some new concepts of forest ownership. Moreover it makes arrangements for establishing a fund that promotes protection of biodiversity and sustainable development of forest resources. This note first briefly reviews the history of forest law in Tanzania and then discusses innovations introduced by the 2002 Act.