Recent Submissions

  • The impact of COVID-19 on the socio-economic rights of older persons in Africa: The urgency of operationalising the Protocol on the Rights of Older Persons

    Oamen, Philip; Ekhator, Eghosa; University of Northampton; University of Derby (Pretoria University Law Press (PULP), 2021-12)
    Since the outbreak of the COVID-19 pandemic across the world, it has been reported that older persons have suffered acute hardship and fatalities more than any other age group. According to the World Health Organisation the fatality rate among older persons is five times the global average, and the United Nations has predicted that the mortality rate could climb even higher. The situation is aggravated on the African continent as a result of a shortage of medical personnel and other resources, as well as inadequate palliative measures to address the issues around the pandemic. Despite the provisions in the African Charter on Human and Peoples’ Rights and the Protocol to the African Charter on the Rights of Older Persons in Africa which seek to provide some safety nets, many of these senior citizens continue to suffer untold socio-economic hardship. Adopting an analytical and doctrinal methodology, this article examines the Protocol, the International Covenant on Economic, Social and Cultural Rights and several United Nations policy documents aimed at realising the socio-economic rights of older persons. The article finds that there is a lack of political commitment to operationalise the provisions of the Protocol, as evinced by the limited number of countries that have ratified it since its adoption in 2016. It comparatively engages with the provisions of the Inter-American Convention on the Rights of Older Persons to argue that, beyond the normative framing of these rights in Africa, there is a need for deliberate and genuine commitment by governments in Africa, if the rights are to be realised. The article advocates international, regional and national cooperation and calls for a more liberal judicial approach, to ensure that the Protocol’s ‘paperisation’ of the rights of older persons does not lead or continue to lead to their pauperisation.
  • Pre-colonial Trade in Africa and International Law: Setting a Research Agenda

    Nwankwo, Matthew C.; Ekhator, Eghosa; University of Nigeria; University of Derby (AfronomicsLAW, 2021-12-01)
  • Transnational Litigation and Climate Change in Nigeria

    Obani, Pedi; Ekhator, Eghosa; University of Bradford; University of Derby (AfronomicsLAW, 2021-12-04)
  • A Study Space Analysis of Interpretation Service Needs and Optimisation

    Amurun, Oghene-Ovoh Tyson; University of Derby (Springer Science and Business Media LLC, 2021-12-02)
    The paper reports a study space analysis (SSA) of 117 published investigations of the need for interpretation services and approaches to their optimisation. The study explores literature on the adequacy and ecological validity of interpretation service and interpretation optimisation. Research on rapport building appears to be the most investigated issue. Studies on interpretation services need and planning are infrequently researched, and there exist little or no study investigating police diversity effects on interpretation service needs and the planning effects. Studies investigating cognitive load, language, and gender effects on interpreting accuracy are sparse, with most research effort concentrated in conference interpreting settings.
  • Sustainable Development and the African Union Legal Order

    Ekhator, Eghosa; University of Derby (Oxford University Press, 2021-10-21)
    Sustainable development has been at the centre of discourse in the African Union (AU) and its Member States in recent times. Over time, the AU has developed mechanisms on sustainable development including conventions and different policies and programmes. This chapter critically analyses these mechanisms and their possible implications on the development of sustainable development norms in Africa. This chapter argues that the various AU treaties on the environment and initiatives on sustainable development are an integral part of the emergent AU legal order on the continent. This chapter discusses the utility of the African Charter on Human and People’s Right and Agenda 2063 as integral aspects of sustainable development under the AU and hence contributing to the emergent AU legal order. This chapter focuses on the contribution of the African Charter and Agenda 2063 to the development of sustainable development norms under the AU’s framework.
  • Contextual factors predict self-reported confession decision-making: A field study of suspects’ actual police interrogation experiences.

    Cleary, Hayley; Bull, Ray; University of Derby; Virginia Commonwealth University (American Psychological Association (APA), 2021-08-01)
    This study examined incarcerated persons’ self-reported interrogation experiences and confession decision-making by investigating which sociodemographic, criminological, and contextual factors were associated with their decisions to deny the allegations, partially admit wrongdoing, or fully confess to the crime. We expected that respondents in this field study would report a wide range of interrogation experiences. Given mixed prior findings, we did not formulate hypotheses for sociodemographic or criminological factors, but based on contextual variable research, we predicted that suspects who perceived the evidence against them as strong and who had already decided to confess prior to their interrogation would be more likely to confess. Participants were 249 individuals (86% male; M age = 34.8 years; 49% Black, 41% White, 10% other racial identities) incarcerated in local jails in the United States who completed a questionnaire about their most recent interrogation. Respondents described their interrogation experiences (e.g., location, duration, custody), perceptions of police evidence against them, and thoughts about confession prior to the interrogation. We examined group differences according to confession decision and used multinomial logistic regression to examine how sociodemographic, criminological, and contextual factors relate to suspects’ self-reported confession decisions. Results: Suspects’ interrogation experiences varied considerably, as did their perceptions of custody, beliefs about incriminating evidence, and preinterrogation intent to confess or deny. Sociodemographic characteristics and criminological factors were unrelated to self-reported confession decision-making, but several contextual factors predicted confession outcome. Signing away one’s Miranda rights and already planning to confess predicted suspects’ self-reported confessions, whereas being physically restrained, believing that police had no evidence of one’s guilt, and intending in advance to deny the allegations predicted suspects’ self-reported denials. Suspects who were undecided about confession prior to interrogation were about as likely to eventually confess as deny. Most suspects followed through with their initial intention to confess or deny, and suspects’ perceptions about evidence predicted their self-reported confession. These findings complement existing work focused on interrogation techniques and inform both police interrogation training and practice.
  • Implementing the Sustainable Development Goals in Nigeria: Barriers, Prospects and Strategies

    Ekhator, Eghosa; Miller, Servel; Etinosa, Igbinosa; University of Derby; University of Chester; University of Benin, Nigeria (Routledge, 2021-11-08)
    This book explores Nigeria’s progress towards achieving the Sustainable Development Goals, presenting key country-specific lessons, as well as providing innovative solutions and practices which are transferrable to other emerging economies. Despite all of Nigeria’s potential, and substantial oil revenues, poverty remains widespread and the country faces many challenges. The contributors to this book provide comparative historical and contemporary analysis of the main challenges for achieving progress in the SDGs, and make recommendations for the most effectives ways of developing, adopting, disseminating and scaling them. Starting with the conceptualisation and evolution of the SDGs, the book goes on to consider the goal on ending poverty, and the urgent need to combat climate change and its impacts. The book also reflects on the role of business and taxation, and the cultural and societal dimensions of the SDGs, including education, gender, and the role of the church. Overall, the book focuses on knowledge/implementation gaps and the role of collaborative partnerships and disruptive technologies in implementing the framework in general. This book will be of interest to scholars, policy makers and practitioners of sustainable development and African studies, as well as those with a particular interest in Nigeria.
  • Food for thought – empowering consumers: a critique of EU food labelling law

    Meiselles, Michala; University of Derby (Irish Society of European Law, 2021)
    Intended to support a sensible and independent decision-making process by consumers whilst preventing the spread of misinformation, food information is an essential means of communication with consumers. This paper asks how the effectiveness of the current system of food information in the European Union (EU) can be improved from the point of view of the consumer? To answer this question, the author looks at the deficiencies of the existing regulatory framework to show that whilst the current structure provides consumers with comprehensive and reliable information, the mechanics of the system are inadequate. In light of these gaps, the paper advocates the position that the EU should consider introducing a mandatory FOPNL (front-of-package nutrition label) supported by an information campaign, aimed at enhancing the ability of consumers to use food information to make rational and healthy food choices. To this end, this paper looks at the existing regulatory framework (part 1) before exploring the literature on mandatory disclosure regulation and highlighting the problems associated with food information from the consumer’s perspective (part 2). In the final segment, this paper looks at FOPNLs and the way in which the latter can be combined with an information campaign to enhance consumer food labelling literacy.
  • Was Quashing the Maji-Maji Uprising Genocide? An Evaluation of Germany’s Conduct through the Lens of International Criminal Law

    Bachmann, Klaus; Kemp, Gerhard; SWPS University of Social Sciences and Humanities; University of Derby (Oxford University Press (OUP), 2021-07-30)
    Recently, political actors in Tanzania have demanded compensation from Germany for colonial atrocities against various ethnic and religious groups during the Maji-Maji uprising (1905–1907). By analyzing first-hand archival records from Germany and Tanzania, this article examines whether German actions constitute genocide according to the Genocide Convention or the International Criminal Tribunals’ jurisprudence. The authors find strong evidence to support a claim of genocide, and assess the viability of potential compensation claims against Germany; they conclude, however, that such claims would meet significant obstacles due to the concept of state immunity for sovereign actions under international customary law, as well as case law of the International Court of Justice.
  • Regional Economic Communities as the Building Blocs of the African Continental Free Trade Area Agreement

    Ajibo, Collins .C; Nwankwo, Chidebe .M; Ekhator, Eghosa; University of Nigeria; University of Derby (MARVIS BV, 2021-06-16)
    The African Continental Free Trade Area Agreement (AfCFTA) recognises the Regional Economic Communities (RECs) as the building blocs for continent-wide integration in line with the historical efforts reflected in the Lagos Action Plan of 1980 and the transitional plan of the African Union (AU) articulated in the 1991 Abuja Treaty establishing the African Economic Community (Abuja Treaty). The AfCFTA enjoins State Parties that are members of other RECs, which have attained among themselves higher levels of elimination of customs duties and trade barriers than those provided for under the Protocol, to continue maintaining this, and where possible improve upon, existing higher levels of trade liberalisation among themselves. While RECs are fundamental to the African integration experience and are considered the building blocs of AfCFTA, several challenges may emerge. This paper examines the prospects and challenges of RECs under the recently established AfCFTA regime.
  • Pre-colonial legal system in Africa: an assessment of indigenous laws of Benin kingdom before 1897

    Ojo, Idahosa Osagie; Ekhator, Eghosa; Benson Idahosa University Nigeria; University of Derby (2020)
    There were salient novelties in the legal system of the Benin Kingdom and other areas in pre-colonial Africa that promoted justice, peace, and order among people and communities. Special provisions such as collective responsibility in legal personality, the law of primogeniture, the fusion of laws and religion in theory and practice, and the recognition of societal status and political position in legal proceedings amongst other legal concepts were incorporated into the body of laws in Benin. Previous intellectual efforts center on the political, economic, and social aspects of history, largely neglecting these legal dynamics and other vital areas of the kingdom's organization. Hence, this study analyzes indigenous legal concepts in the Benin Kingdom using several varieties of primary and secondary sources. It contends that Benin, like other African societies, developed practical and useful legal concepts that helped in the consolidation of peace and harmony throughout its length and breadth, and that these indigenous Benin legal concepts were in force till 1897.
  • Corporate social responsibility in the oil and gas industry in Nigeria: the case for a legalised framework

    Ekhator, Eghosa; Iyiola-Omisore, Ibukun; University of Derby; University of Leeds (Springer, 2021-01-26)
    This chapter focuses on the extant corporate social responsibility (CSR) practices in the oil and gas industry in Nigeria. The oil and gas industry has been beset by a lot of problems not limited to violence, kidnappings, eco-terrorism, and maladministration amongst others. One of the strategies of curing or mitigating these inherent problems in the oil and gas sector is the use of CSR initiatives by many oil multinational corporations (MNCs) operating in Nigeria. Notwithstanding that the majority of CSR initiatives in the oil and gas sector in Nigeria are voluntary, this chapter avers that CSR initiatives should be made mandatory by the Nigerian government. Furthermore, Civil Society Organisations (CSOs) should play an integral role in the implementation of any legalised framework on CSR that will be developed in the country. This chapter suggests that a CSR law should be developed specifically for the oil and gas industry to mitigate the negative externalities arising from the activities of oil MNCs in the Niger Delta region of the country
  • Institutional development and the Astana international financial center in Kazakhstan

    Huang, Flora; Yeung, Horace; Bekmurzayeva, Zhanyl; Janaidar, Dina; University of Leicester; University of Derby; Academy of Public Administration, Kazakhstan; KAZGUU University, Kazakhstan (Washington University, 2021-01)
    This article investigates the most recent instance of the transplantation of English corporate and financial law into a different legal environment. The Astana International Financial Center (AIFC) in Kazakhstan was launched in 2018. The AIFC has largely built on the institutional model pioneered by the Dubai International Financial Center. This key institutional innovation is the transplanting and operation of laws based on the English common law, independent of their national legal systems (civil law systems, heavily influenced by Islamic tradition, and, in the case of Kazakhstan, also Soviet socialist principles). This article seeks to contribute to the understanding of the system of Kazakhstan, a strategically located but well under-investigated country, and a potentially viable institutional model for other aspiring financial centers. To the best knowledge of the authors, this work is the first ever English academic literature on the development of the AIFC.
  • Investigative empathy: Five types of cognitive empathy in a field study of investigative interviews with suspects of sexual offences

    Baker-Eck, Bianca; Bull, Ray; Walsh, Dave; University of Derby; De Montfort University (International Investigative Interviewing Research Group, 2021-04)
    Empathy in investigative interviews has increasingly become a focus in the recent literature on investigative interviewing as its implementation may aid in building and maintaining rapport. Displaying empathy in interviews is claimed to have positive impacts on the provision of investigation relevant information and the cooperation of interviewees. However, the literature currently omits practically operationalizing empathy, which would provide a means of implementing it effectively in investigative interviews. As such, the present study examines empathic displays by interviewers employed in interviews with suspects of high-risk crimes such as sexual offences in order to see what types are applied as a step towards identifying and possibly defining/operationalizing empathy during investigative interviews in the future. 19 audio-tapes of police interviews with suspects of sexual crimes in England and Wales conducted by experienced police interviewers were coded for their empathic displays and suspects’ level of cooperation throughout the interviews. Five different types of empathy were found to be employed. Interviews that had higher levels of suspect cooperation involved all five types of investigative empathy, whereas interviews in which fewer types of empathy were displayed had less cooperation (by offering less or no information). Thus, the use of investigative empathy in investigative interviews can indeed be recommended.
  • Enforcement strategies in Chinese capital market

    Huang, Flora; Liu, Junhai; University of Derby (Routledge, 2020-11-25)
    This chapter discusses the varieties of enforcement channels to protect investors, especially minority shareholders in the Chinese capital market. These channels include public enforcement by regulators such as the China Securities Regulatory Authority and the stock exchanges, and private enforcement in the form of litigations enabled by corporate and securities laws. Furthermore, alternative dispute resolutions are increasingly popular to resolve disputes. In this chapter, it is argued that all these enforcement channels together function as part of a comprehensive and integrated regulatory strategy to provide the much-needed law in action to support the phenomenal economic and financial growth in the country.
  • Risk management in stalking victims: A multi-agency approach to victim advocacy

    Jerath, Kritika; Tompson, Lisa; Belur, Jyoti; University of Derby; University of Waikato, Hamilton, New Zealand; University College London (SAGE Publications, 2020-12-15)
    A pilot Multi-Agency Stalking Intervention Programme (MASIP), introduced in three police forces in England, provided among a range of interventions, the delivery of safety planning advice, and needs-based support for stalking victims through a bespoke advocacy service. The ultimate aim of MASIP was to equip victims with tools to manage the variety of harms caused by stalking, as well as enable them to access the criminal justice system with adequate support. This study explores the personal needs of stalking victims from the perspectives of stalking victims, advocates and stakeholders involved in the intervention program, as part of a larger evaluation study conducted by the authors. Semi-structured interviews were conducted with a total of 10 stalking victims who participated in the MASIP, three advocates who directly interacted with the victims, and 19 MASIP stakeholders involved in the project. Findings revealed that overall, victims believed the advocacy service aided their ability to cope with the realities of stalking. Having a victim advocate as single point of contact made victims’ journey through the justice system easier to navigate, provided them with the emotional support that they required to deal with the harms of stalking and the practical advice offered regarding their personal safety, and allowed them to feel in control of their own risk management. Advocates reported that the multi-agency context helped in risk assessment and ability to design and deliver bespoke support plans, which uniquely improved victims’ engagement with the service. Due to the small size and possibly biased sample, our conclusions must be interpreted with caution.
  • The impact of interviewer working hours on police interviews with children

    Kyriakidou, Marilena; Blades, Mark; Cherryman, Julie; Christophorou, Stephanie; Kamberis, Andreas; Sheffield Hallam University; University of Sheffield; University of Portsmouth; University of Maastricht, Maastricht, Netherlands; University of Derby (Springer Science and Business Media LLC, 2020-05-18)
    Fatigue resulting from unpredictable or extended working conditions is a factor that negatively impacts the performance of police officers. In this study, we considered how investigative interviewing of children is influenced by interviewer working conditions. We examined two working conditions concerning when interviews were conducted: (a) during early duty shift and (b) an hour before the end of an interviewer’s duty shift and after the end of a shift. We analysed 102 police interviews with children and identified clues that interviews which commenced during early duty shift had more appropriate approaches than interviews in the other condition. Inappropriate approaches were not significantly affected by interviewer working conditions. These outcomes suggest considering new knowledge specific to the behaviour of interviewers according to working conditions and provide promising foundations for further research.
  • The impact of context on real-life serious crime interviews

    Leahy-Harland, Samantha; Bull, Ray; Bournemouth University; University of Derby (Routledge, 2020-11-25)
    This study examined real-life audio-taped police interviews with 56 serious crime suspects in England and Wales. It provides an analysis of how suspects responded and behaved during the interviews and considers how suspects’ responses may be affected by contextual characteristics including the presence of legal advisors. It was found that fewer suspects admitted these serious offences in comparison to previous studies, with most suspects who did admit doing so early on in the interview. The majority of suspects’ responses were identified as ‘relevant’, only a very small proportion of interviews were assessed as ‘challenging’. Significant associations between suspects’ responses and context were found. Specifically, if the (alleged) victim was female, the location of the offence was in-doors, and there was no clear motive, then suspects were more likely to say ‘no comment’ than to respond relevantly. Suspects who were 32 years of age or over, and had previous criminal convictions, were more likely to respond ‘relevantly’ than say ‘no comment’. The study also found that whilst present in the majority of interviews, the contributions of legal advisors were minimal (though more frequent legal advisor contributions were associated with increased use of police strategies).
  • AfCFTA: An emergent concept of 'Lex Mercatoria Africana'?

    Ekhator, Eghosa; University of Derby (AfronomicsLaw Blog, 2020-09-19)

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