A critical examination of the British municipal court rulings on cases of international immunity: Revisiting the imperatives of politics of international law

Abstract: The interpretation or ruling on international immunity cases are often surrounded by controversies, sometimes leading to inconsistencies. The British municipal court rulings on international immunity cases are not exception, and in fact are embodiments of inconsistencies. The judgements have been consistently inconsistent. The rulings are not just characterized by controversies; they swim in controversies. Perhaps, these inconsistencies have not been more visible than in cases involving granting of sovereign immunity to political subdivisions or federating units. This was the case in the municipal court decision to deny a serving Governor of a state in Nigeria immunity from jurisdiction. The contention of this paper is that these inconsistencies are, primarily or fundamentally, due to susceptibility of British municipal courts to British national interest, and thus, not primarily due to controversial nature of international law. The paper therefore interrogates the interface between international politics and international law. PUBLIC INTEREST STATEMENT We are now living in a world where the judgements of courts are not purely based on rule of law but on dictates of politics. The relevance of this paper is demonstrated by its focus on the impact of politics on international law of immunity. The paper critically examines the legality, consistency and enforceability of international law using some case illustrations concerning the British court rulings on international immunity. It discusses the origin, development, classification and meaning of international law of immunity. The paper further identifies and explains various types of international immunity. Also, the paper differentiates between domestic immunity and international immunity. Finally, the paper acknowledges controversial nature of international law on immunity; demonstrates the inconsistency of the British municipal court rulings on international immunity; and as well, recognizes the impact of national interest to the rulings of British municipal courts on immunity cases

Nigeria and World Bank Global Gas Flaring Reduction (GGFR) Partnership: The Tragedy of the Commons

Globally, over 150 billion cubic metres of associated gas are being flared and vented annually. Africa flares 40 billion cubic metres annually in which 35 billion cubic metres are flared in sub-Saharan Africa. In Nigeria alone, gas flaring amounts to about 23 billion cubic metres per annum in over 100 flare sites, constituting over 13 percent of global gas flaring. This translates to greenhouse gas emission of 45 million tons of CO2 out of the global total of 400 million tons annually. Nigeria partners with the GGFR, a World Bank led public-private partnership that includes major oil and gas producing countries and companies. The GGFR was established to facilitate and support national efforts to utilize currently flared gas by promoting effective regulatory framework and tackling the constraints on gas utilization. The study essentially adopts qualitative method that relies on secondary data and applies radical environmentalism a combination of Marxism, rentierism and environmentalism as theoretical framework of analysis. The paper focuses primarily on the role of Nigeria in the GGFR vis a vis other partners; and thus, concludes that oil dependence of GGFR partners undermines the enforcement of associated gas flaring and venting reduction and elimination policy in Nigeria. Keywords: Oil, gas flaring, radical environmentalism, World Bank, GGFR, Nigeri

Policing the Community or Community Policing: Implication for Community Development in Nigeria

Community policing is fast becoming a global trend, especially in the 21st century. But community policing is neither foreign nor new to Africa, because long before European colonialism in Africa, the traditional African political societies had been policing and securing themselves. The European colonialism supplanted African model of community policing with colonial police who alienated the people. This alienation continued in post-colonial Nigeria deepening the distrust or mistrust between the people and the police. Rather than community policing, the Nigerian police has been busy policing the community thereby alienating the people more. This lack of cooperation from the people has a serious consequence, which is the inability of the Nigeria Police Force (NPF) to combat crime and tackle various security challenges in Nigeria leading to the proliferation of vigilante security architecture particularly in the form of vigilante militia groups. But this proliferation has only exacerbated security challenges in Nigeria owing to the distrust between them and the police. So far, community policing as implemented in Nigeria has not ensured security and safety in Nigeria not to talk of facilitating community development. Thus, insecurity, crimes and disorder have hindered development in the communities. The paper concluded that so long as the Nigerian Police engages in policing the community instead of partnering with the community in matters of security, safety and development in the communities will continue to elude Nigeria. This study is essentially qualitative, descriptive, and prescriptive. Keywords: Community policing, community development, rural development, security, Nigeri

‘Your land or your life’! ECOWAS free movement regime, migration, and resource conflicts in West Africa

West African borderlands still depict free labour migration that weaves a complex grid of relations and inter-dependences over the ‘artificial’ borders inherited from colonialism. Migrants consider the sub-region as a single cultural and socio-economic unit within which trade and services are intertwined across countries, and where border crossing is a main part of people’s lives and livelihoods. This study reflects on migration and violent resource conflicts in West Africa such as migrant herders-farmers conflict in Nigeria to interrogate the wider security implications of ECOWAS free movement protocols in the sub-region. It links the deepening resource scarcity in the sub-region to the increase in undocumented migration. The study concludes that due to poor enforcement of ECOWAS visa-free regime and competition for scarce resources, the migration-conflict nexus has intensified banditry and violent conflicts in West African borderlands, especially between herders and farmers in Nigeria.https://link.springer.com/journal/12115hj2024Political SciencesSDG-16:Peace,justice and strong institution

A critical examination of the British municipal court rulings on cases of international immunity: Revisiting the imperatives of politics of international law

The interpretation or ruling on international immunity cases are often surrounded by controversies, sometimes leading to inconsistencies. The British municipal court rulings on international immunity cases are not exception, and in fact are embodiments of inconsistencies. The judgements have been consistently inconsistent. The rulings are not just characterized by controversies; they swim in controversies. Perhaps, these inconsistencies have not been more visible than in cases involving granting of sovereign immunity to political subdivisions or federating units. This was the case in the municipal court decision to deny a serving Governor of a state in Nigeria immunity from jurisdiction. The contention of this paper is that these inconsistencies are, primarily or fundamentally, due to susceptibility of British municipal courts to British national interest, and thus, not primarily due to controversial nature of international law. The paper therefore interrogates the interface between international politics and international law

Whither the ECOWAS free movement protocols? Pandemic nationalism, borders, and migration in West Africa

The Covid-19 pandemic border closure policy and other anti-migrant policies in 2020 have become another basis for flaunting the ECOWAS free movement protocols by member states now referred to as pandemic nationalism. Although not limited to (West) Africa, pandemic nationalism reinforces the inability of ECOWAS to demonstrate supranationalism and ensure harmonization of Covid-19 trans-border policies among its members. Consequently, member states were unilaterally imposing conflicting or uncoordinated Coronavirus border closure policy without recourse to the protocols. Thus, the pandemic border closure policy has only exacerbated pre-existing trajectories which have serious implications for visa-free, border-free, and borderless West Africa as well as cross-border migration. These challenges are often attributed to colonial borders. This article has been able to adequately demonstrate that the Covid-19 pandemic has deepened nationalism which has, in turn, increased violation of ECOWAS free movement protocols through uncoordinated and reprisal border closure in which nationalism has trumped regionalism. The study is essentially qualitative, descriptive, analytical, and empirical.https://www.elsevier.com/locate/polgeo2024-10-06hj2023Political Science

Interrogating the nexus between irregular migration and insecurity along ‘ungoverned’ border spaces in West Africa

The ‘coloniality’, porosity, and ‘ungovernability’ of borders in West Africa, have engendered undocumented migration, in which most people engage to visit their kin and for economic reasons such as herding, farming, fishing, hunting, and trading. This occurs concurrently with human smuggling, human trafficking, gun-running, terrorism, and money laundering. The rise in these cross-border criminal activities and the resultant insecurity have put irregular migration into the mainstream of political and academic conversation, generating national, regional, and global concerns. Against this backdrop, this paper examines the nexus between irregular migration and insecurity along ‘ungoverned’ borders in West Africa, based on a review of relevant literature on migration, security, and governance in scholarly journals, books as well as relevant reports, newspaper, and media accounts. The overarching question which this raises and is addressed in this paper is: How does the coloniality and porosity of ungoverned borders in West Africa engender and/or entrench cross-border insecurity? Addressing this question suggests the need to provide sufficient governance mechanisms that involve both state and non-state actors in order to reduce the ungoverned spaces in this part of Africa.http://www.tandfonline.com/loi/rasr202022-11-14hj2021Political Science