3 research outputs found

    Twenty-Five Years after Section 72 of Cama Amendments to Pre-Incorporation Contracts Law in Nigeria.

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    With the recent global economic downturn, International Oil Corporations (IOCs) are increasingly focused on exploring business opportunities in regions with significant projected growth opportunities such as Africa and Asia. Several IOCs have recently flocked to Nigeria, a prominent West African country, with the recent stable political climate, immense population (about 170 million), and projected double digit growth rate, and so the country has quickly become a destination of choice for small and large international companies, alike, seeking to take advantage of the perceived business opportunities therein. Thus, this paper evaluates the current state of common law and statutory amendments governing pre-incorporation contracts in Nigeria within the context of similar rules in the commonwealth countries around the world. It seeks to provide protection to the company, the promoters, the shareholders and the third parties who have entered into pre-incorporation contracts with the promoters prior to the formal incorporation of the company. In making recommendations for amending the current Nigerian statutory law on pre-incorporation contracts, the authors propose rules that must balance the privacy of the company’s contracts while making sure fairness and equity are extended to all stakeholders. Most of the recommendations suggested take into consideration the peculiar economic environment that Nigerian businesses operate within, i.e., where there is paucity of information and where official facts are not almost readily available, hence, the recommendation for a notarized copy of the pre-contract stating its value in the objects and memorandum of association of the company, especially where the value of the pre-incorporation contract is equal or greater than the total value of the allotted shares of the company

    Legality of Responses to the Problems of International Terrorism and Failed States Phenomenon Considering Afghanistan and Iraq within the Context of Contemporary International Law Rules and Practice

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    The central theme of this thesis is to critique and proffer appropriate legal and military responses to the endemic problems of failed states and international terrorism within context of contemporary international law. The work will legally define the phenomenon known as failed states, which encompasses such states where the central government has collapsed and has ceased from providing good life to its citizens. The dissertation will also look at the definition of Terrorism and Terrorist Organizations. A person or an organization would have engaged in terrorist activities, if they were to commit in an individual capacity or as a member of an organization, an act of terrorist activity or an act which the actor knows, or reasonably should know, affords material support to any individual, organization, or government in conducting a terrorist activity at any time. The thesis will conclude by arguing that international responses to the dangers posed by weak and/or failed states,as well as international terrorists living in such failed states, may involve a full scale military action, such as that which occurred in Afghanistan in 2001 and in Iraq in March 2003. In addition, the thesis will argue for the introduction of newer international rules that will govern international military strikes against failed states, especially, where the United Nations Security Council has refused to act, or is incapacitated from acting, to curb the danger posed by the roguish states to global peace and security. Finally,the thesis will argue for the use and/or introduction of other less dramatic measures such as economic, social, financial, and diplomatic sanctions-such as was used to coerce the collapse of apartheid in South Africa. It shall posit the use of other positive nation-building measures, such as universal education, good governance,eradication of hunger, population stability, and other financial aid and support to the poorest nations of the world, while such nations are the hotbed of discontent that fuel the failure of states and international terrorism. The final conclusion is that when the gap between the poor and the rich nations is sufficiently bridged, there would be less failed states, and less danger to the world

    Legality of Responses to the Problems of International Terrorism and Failed States Phenomenon Considering Afghanistan and Iraq within the Context of Contemporary International Law Rules and Practice

    Get PDF
    The central theme of this thesis is to critique and proffer appropriate legal and military responses to the endemic problems of failed states and international terrorism within context of contemporary international law. The work will legally define the phenomenon known as failed states, which encompasses such states where the central government has collapsed and has ceased from providing good life to its citizens. The dissertation will also look at the definition of Terrorism and Terrorist Organizations. A person or an organization would have engaged in terrorist activities, if they were to commit in an individual capacity or as a member of an organization, an act of terrorist activity or an act which the actor knows, or reasonably should know, affords material support to any individual, organization, or government in conducting a terrorist activity at any time. The thesis will conclude by arguing that international responses to the dangers posed by weak and/or failed states,as well as international terrorists living in such failed states, may involve a full scale military action, such as that which occurred in Afghanistan in 2001 and in Iraq in March 2003. In addition, the thesis will argue for the introduction of newer international rules that will govern international military strikes against failed states, especially, where the United Nations Security Council has refused to act, or is incapacitated from acting, to curb the danger posed by the roguish states to global peace and security. Finally,the thesis will argue for the use and/or introduction of other less dramatic measures such as economic, social, financial, and diplomatic sanctions-such as was used to coerce the collapse of apartheid in South Africa. It shall posit the use of other positive nation-building measures, such as universal education, good governance,eradication of hunger, population stability, and other financial aid and support to the poorest nations of the world, while such nations are the hotbed of discontent that fuel the failure of states and international terrorism. The final conclusion is that when the gap between the poor and the rich nations is sufficiently bridged, there would be less failed states, and less danger to the world
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