Evaluation of the Rule of Law as a Pre-requisite to the Right to Development in Africa

open access journalAfrica faces myriads of challenges one of which is the need for development; as a result, development is a critical issue in Africa. The apparent disparity and inequity of the global economic system in the aspect of international economic development, conspicuous particularly on the Africa continent has dominated academic discourses since the era of the decolonization of the undeveloped countries. One of the direct consequences of this was the evolution of right-based approach to development agenda which have implications for democracy and the rule of law; two elements that have suffered serious setbacks in almost all African countries. This paper examines the extent to which the effective enforcement of the rule of law in African countries can aid the human rights based approach to development in order to deliver meaningful improvements to the African development crisis. It starts by highlighting the evolution of the rights based approach to development agenda with a view to clarifying the meanings of the “right to development”. It further examines the import of the doctrine of rule of law, its relationship to the rights-based approach to development agenda and the theoretical underpinnings of both concepts. The paper continues to assess the position of the rule of law in African countries now, and its implications for the realization of the Right to Development (RTD), domestically (in each African country), regionally (and possibly sub-regionally). It is the argument of this paper that although, the African human rights-system, particularly the African Charter of Human and People’s Rights was the first enforceable document to contain the right to development, thereby making the African continent to be the first in conceiving it, yet one of the major reasons why development has eluded African over a considerable period of time until now is abysmal failure of the Rule of Law

Link Travel Time Prediction Based on O-D Matrix and Neural Networks

Ühistranspordi kasutajad on tihtipeale huvitatud täpsest reisiajast seetõttu, et tõhusalt aega planeerida. Kuid ebaregulaarsete reisiaegade tõttu on seda üsna keeruline teha. Reisiaegade muutused võivad olla põhjustatud näiteks ilmastikuoludest, liiklusõnnetustest ja liiklusnõudlusest. Intelligentse transpordisüsteemi kaasamisega ühistranspordi süsteemi muutus hõlpsamaks bussireisi andmete kogumine, sealhulgas ka reisiaegade kogumine. Kogutud andmeid on võimalik kasutada tulevaste reiside prognoosimiseks, rakendades erinevaid teaduslikke meetodeid, näiteks Kalmani filtrit, masinõpet ja tehisnärvivõrke. Antud lõputöö eesmärgiks on luua tehisnärvivõrgu mudel, mis ennustab tiheda liiklusega teekonna reisiaega. Selleks kasutatakse algpunkt-sihtpunkt maatriksit, mis on koostatud sama teekonna kohta kogutud GPS informatsioonist. Ennustustäpsuse arvutamiseks kasutati antud lõputöös ruutkeskmist viga (RMSE). Tulemuste analüüs näitas, et antud mudel on piisav tegemaks tulevaste reisiaegade ennustusi.In public transportation system, commuters are often interested in getting accurate travel time information regarding trips in the future in order to plan their future schedules effectively. However, this information is often difficult to predict due to the irregularities in travel time which are caused by factors like future weather conditions, road accidents and fluctuations in traffic demand. With the introduction of Intelligent Transportation System into public transport system, it has been easy to collect data regarding bus trips such as travel times data. The data collected can be used to make predictions regarding trips in the future by applying scientific methods like Kalman filter, machine learning, and deep learning neural network. The goal of this thesis is to develop a neural network model for predicting travel time information of a busy route using Origin-Destination matrix derived from a historical GPS dataset of the same route. The prediction accuracy of the NN model developed in this thesis was measured using Root Mean Square Error (RMSE). Analysis of the result showed that the model is sufficient for making predictions of travel time for trips in the future

Foreign Aid and Economic Development in Sub-Saharan Africa: The Role of Institution(1996-2010)

This study examined the relationship between foreign aid and economic development in sub Saharan Africa. The study seeks to examine the role of institutions in aid effectiveness and economic development in Sub Saharan Africa. The study adopted a theoretical framework similar to the Endogenous or New Growth model, as well as; the system generalized method of moments (GMM) technique of estimation was adopted in order to overcome the challenge of endogeneity perceived in the institutions variables and Aid growth argument. It was observed that foreign aid significantly influence Real GDP Per Capita (the proxy for economic development) in Sub Saharan Africa. Also, variables like gross fixed capital formation, rule of law, control of corruption (which are proxy for institutions) and Human capital had a significant effect on Economic development in sub Saharan Africa while labour had no significant effect on economic development in Sub Saharan Africa

Imposing Liability for Oil Spill Clean-Ups in Nigeria: An Examination of the Role of the Polluter-Pays Principle

Oil spills lead to pollution of water and land in the surrounding environment. The health and the farmland of the people living around the area of the spills are also adversely affected. Numerous laws are usually in place to deal with the issue of oil spills but often times some of these laws are not totally enforced or the institutions set up to deal with the spills are inefficient. Oil spills cannot be left unabated. The problem of oil spills have to be dealt with in order to avoid the devastating effects of oil spills on the environment. In a place like the Niger-Delta in Nigeria where oil spills are rampant, an effective means of curbing the menace have to be thought out to deal with spills. Oil theft, pipeline vandalism and sabotage are the order of the day and thus, oil spills are a recurring decimal in the Niger-Delta. The question then is can the polluter-pays principle play a role in the prevention and control of oil spills especially in Nigeria? This article seeks to answer this question by examining whether the Polluter Pays Principle, an international environmental law principle, can act as a deterrent to oil spills especially deliberate oil spills. This paper examines the tenets of the polluter-pays principle, the deterrence theory, challenges militating against the prevention and control of oil spills in Nigeria and then relevant recommendations and conclusion as regards the role of the polluter-pays principle in preventing and controlling oil spills are put forward. Keywords: Polluter Pays-Principle, Oil Spills, Liability for Oil spills, Niger-Delta, Nigeri

The multi-agency response approach to the management of oil spill incidents: legal framework for effective implementation in Nigeria

The devastating effects of oil spill incidents on humans and the environment can be overwhelming. Effects such as loss of life, forced displacements, loss of property and serious health risks cannot be overlooked. Also, the long-term damage to the ecosystem, sea life and biodiversity are some of the long-term consequences of an oil spill incident. Thus, a swift response to oil spill incidents is always necessary in order to minimize these effects. The multi-agency response approach emphasizes a holistic and coordinated involvement of several related institutions and entities in order to ensure adequate response to any category of oil spill incident. Even though the multi-agency approach seems to be already embedded in relevant legislation on oil spill control and containment in Nigeria, its operationalization has been less impressive. This article discusses the practical relevance and implementation of multiagency response to oil spills in Nigeria. It appraises the efficacy of relevant Nigerian legislation providing for multi-agency response to oil spill control and containment in Nigeria, highlights the weaknesses of the current regulatory arrangement, and suggests legal reforms to make the multi-agency response approach more efficient and effective in Nigeria. This includes the need to harmonize several overlapping legislations and governance institutions on oil spill response and management to ensure coherence and systemic integration.Keywords: Multi Agency Response, oil spill, polluter-pays, human rights, Niger Delta

Ultra-High-Speed Laser-Induced Breakdown Spectroscopy (LIBS) Applications Using a Pulse-Burst Laser System

Laser-induced breakdown spectroscopy (LIBS) is a technique that utilizes intense laser pulses to generate a localized plasma that can be used for chemical analysis via quantifying the elemental composition of a sample. During the LIBS process, the emission generated from the plasma is collected, sent through a spectrometer and typically imaged using an intensified charged coupled devices (CCD) array. Unique spectral lines can then be detected, quantified, and assigned to specific elements that make up the sample. For the first time, to the best of our knowledge, a custom-designed pulse-burst laser operating at 100-kHz repetition rate was used for an ultra-high-speed LIBS application. While conventional LIBS methods utilize 10-Hz repetition-rate lasers, the higher repetition rate of 100-kHz allows for a faster sampling rate; specifically, during high-speed, short duration events such as explosions and shockwaves. Consequently, the potential benefits and applications of ultra-high-speed LIBS were explored using the pulse-burst laser system. In the preliminary studies, solid aluminum and copper targets were used for system characterization and calibration. Further studies were conducted to quantify the capabilities of high-speed LIBS for applications involving dynamic events lasting several milliseconds or less. Under the current experimental conditions, LIBS emissions from a high-exit-velocity air nozzle with additives of aerosol compounds were clearly recognized and detected at a high hit rate. Upon successful applications of the pulse-burst laser for preliminary testing, experiments were conducted during combustion of hydroxyl-terminated polybutadiene/ammonium perchlorate (HTPB/AP) propellants doped with varying concentrations of metals consisting of aluminum (Al), and lead (Pb). The pulse-burst laser LIBS system was successful in detecting the released metallic particles within the hot reaction zone of HTPB/AP propellants. A calibration study showed a relationship between the concentration of metals within the propellants and the hit rate at which the pulse-burst laser pulses interact with metallic particles. The limit of detection (LOD) of metal particles in the hot reaction zone was successfully calculated for subsequent applications of the pulse-burst-laser-based LIBS for predicting the metallic concentration with respect to the baseline case of 16% aluminum propellant samples

The Provisions of 1999 Constitution of Nigeria on Appointment, Discipline and Removal of Judicial Officers and Implications for an Effective and Independent Judiciary

The subject of an effective and independent judiciary has more often than not, engaged the interest of drafters of Nigerian Constitutions. The issues of appointment, discipline and removal of judicial officers were carefully enshrined, having regard to their sensitive nature, with a view to enthroning an independent and effective judiciary. However, of all the constitutions ever enacted in Nigeria, the 1999 Constitution, which is in use currently, stands out clearly with its salient provisions aimed at ensuring judicial effectiveness and independence. The introduction of the National Judicial Council (NJC), for instance, is a noteworthy innovation of the 1999 Constitution, particularly with reference to the appointment, discipline and removal of judicial officers. This paper examines how well these constitutional provisions enshrined in the 1999 have succeeded in producing the intended effectiveness and independence. The paper also highlights the limitations and challenges experienced so far in the course of applying those provisions. The paper draws conclusion and suggests practical recommendations for a manifestly independent and effective judiciary. KEYWORDS: Judiciary, Judicial officers, judicial effectiveness, judicial independenc

The Relevance of Public Interest Litigation to Democracy and Good Governance in Nigeria

One of the various mechanisms that exist to enhance the practice of precipitating social change by the means of court decisions that reform legal rules, enforce existing laws and articulate public norms is the idea of Public Interest Litigation.  The most significant objective behind this mechanism is to promote public good.  Nigeria, a country richly endowed with huge human and material resources had lamentably lagged in terms of genuine commitment to the tenets of democracy and adherence to the principles of good governance.  However, the emergence of Public Interest Litigation has offered great hope about addressing this situation.  Private individuals can now institute legal proceedings towards providing remedies for perceived public wrongs.  Against the background, this paper sets out to examine the relevance of public interest litigation to the entrenchment of democracy and good governance in Nigeria.  The paper further considered the prospects and challenges of public interest litigation in Nigeria and suggested solutions to these problems. Keywords: - Nigeria, democracy, good governance, public interest litigation, rule of law, constitutionalism

The Relevance of the Doctrines of Natural Law, Human Rights and International Law to the Principle of Self-Determination: The Case of Nigeria

In recent times, worldwide, agitations for self-determination, whether internal or external (secession), are becoming common.  Also, in Nigeria, the agitation for self-determination has become intense. Historically, multiple independent nationalities were cobbled together by the British to form the nation called “Nigeria” without first seeking and obtaining their consent. Invariably, Nigeria is often under threats of instability due to separatist agitations from her diverse ethnic groups. Although, self-determination is expressed to be a “right’’ in different international legal instruments like the United Nations Charter and the African Charter on Human and Peoples’ Rights (ACHPR) and even the International Court of Justice (ICJ) has declared it to be of erga omnes in nature, the nature of this “right’ is still controversial. For instance, it is argued that the right to self-determination originated from natural law. Separatists in Nigeria, agitating for self-determination anchor their arguments on this contention. This paper examine the agitations for self-determination in Nigeria from the standpoints of natural law, the doctrine of human rights and the principles of international law. The objectives are to know if self-determination originated from natural law, and to see the nexus between self-determination and the doctrine of human rights. Also, to identify the status of self-determination as a right under international law; and how all these apply to the Nigerian situation. The paper adopted doctrinal research methodology, using both primary and secondary sources. The paper concluded that the tripartite doctrines of natural law, human rights and international law apply to the Nigerian situation