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

Macro models of UK construction contract prices

This paper describes the derivation of macro construction contract price models that are based on the economic theory of demand and supply using OLS multiple regression analysis. A structural equation model is presented which offers a structural explanation of the movements in the construction tender price index. Leading indicators of contract prices (in real terms) produced by the structural equations were unemployment level, real interest rate, manufacturing profitability, number of registered construction firms, building cost index, construction productivity and construction work stoppages. The equation produced an adjusted R2 of 0.97 for deflated data with minimal serial autocorrelation. A predictive reduced-form model is also developed that utilises simultaneous equation models comprising construction demand, supply and equilibrium models

Renegotiation of public private partnership road contracts: Issues and outcomes

The renegotiation of road projects has been an important issue that has generated concerns in PPP procurement over the last decade. This has had serious policy implications for public procurement policy across countries because of its implications for the achievement of the objectives defined at the inception of PPP road contracts. This paper assesses the renegotiation of Public-Private Partnership (PPP) infrastructure projects in order to identify the issues involved in renegotiation and its outcomes. Data were collected through a literature review of selected studies on PPP infrastructure projects on a sectoral basis with particular emphasis on Latin America, Portugal and Spain. It was revealed that a high proportion of PPP contracts in the transport sector are renegotiated: Indeed, in the transport sector, more PPP road projects are renegotiated than other forms of transport projects. The main factors surrounding the renegotiation of road contracts are: lack of an adequate contract design, frequent opportunistic behaviour on the part of both public and private partners during the implementation of PPP road projects, changes in the conditions affecting revenue and costs beyond the reasonable assumptions accounted for in the original contract, corruption, and political and economic instability, all of which in most instances reduce the chance of the public partner achieving its objective of value for money (VfM). The paper concludes with a discussion of the need to develop a framework for integrating considerations of value for money into the renegotiation process of PPP road contracts

Notes in improvisation : Spatializing Black Identity through music

The self-creation of Black spaces in America has been a form of resistance and reclamation, as well as a way to forge an identity and make room for community. This thesis argues for a use of improvisational African American music as a tool to create space. Additionally, through research and a design intervention, this thesis seeks to demonstrate how spatial creation within the framework of music and musical improvisation work as ways to expand, solidify and celebrate identity within Black and African- identifying people in America. Fluid and improvisational techniques found in Black musical styles and genres such as jazz set the foundation for this thesis, which readapts into a contemporary setting the site of a historic jazz bar in West Philadelphia, Pennsylvania formerly called the Aqua Lounge. Restoration and adaptation are employed as intervention strategies within the site, which is currently used as a retail shop called the African Cultural Art Forum (ACAF). Portions of the site’s cultural heritage will survive as it programmatically becomes a space informed by and for music, with improvisation employed as a design strategy to create flexible architectural frameworks. The design intervention uses overlapping programs to create spaces that create a dialogue within the interior of the building and also between the interior and exterior of the site. Doors are rehinged to also work as seating, new floors are inserted within the building to create “micro floors” for recording studios and the existing first, second and third floors become retail, archival and performance spaces that harken back to programs that have existed within this site over time. Reworking functions of architectural programs and existing materials creates an adaptable space open to new interpretation to the future users. Noise, sound and rhythm inspire fluid and less rigid architecture, creating spaces that support the people and communities who contribute to Black cultural expression. Philadelphia is known as “The City of Murals” and in support of themes within this thesis the site will benefit from keeping its existing mural intact on the site. The Aqua Lounge jazz bar is considered the foundational palimpsest layer, and the expression of jazz as improvisational leads to new forms of unplanned expressions within the site. Through an architectural design the aim is to loosely design these programs in a way that can be re-written by future users of this site

Facilities Management Approach For Achieving Sustainability in Commercial Buildings in Nigeria

The purpose of this research is to determine the extent of sustainable facilities management (FM) practice in the management of commercial buildings in Nigeria and identify barriers to it, in order to develop a solution model that will proffer ways of overcoming these barriers and ultimately determine sustainable methods by which facility managers in Nigeria can effectively manage commercial properties. This study is a work in progress and it presents a theoretical review on the extent of sustainable FM in developed countries, especially the United Kingdom (UK), and comparing it with the development of sustainable FM in developing countries and Nigeria in particular. Nigeria has a history of unsustainable building practices, mismanagement of buildings and poor maintenance culture with no consideration for its impact on the environment. Findings reveal the three main barriers to sustainable FM practice in corporate organisations in Nigeria, as lack of training and tools, lack of relevant laws and regulation, and lack of knowledge and awareness. Nevertheless, there remains the urgent need to investigate barriers of sustainable FM practice in the management of commercial buildings in Nigeria

The role of corporate governance on CSR disclosure and firm performance in a voluntary environment

The file attached to this record is the author's final peer reviewed version. The Publisher's final version can be found by following the DOI link.Purpose This study aims to investigate the impact of corporate social responsibility disclosure (CSRD) on firm performance and the moderating role of corporate governance on the CSRD–firm performance relationship of listed companies in Nigeria. Design/methodology/approach The paper uses a panel data set comprising 841 firm-year observations for the period covering 2007-2016. Fixed effect regression analysis was used to examine the relationship between CSRD and firm performance, and the moderating role of corporate governance in the CSRD–firm performance relationship. Findings The results of the study show that there are positive performance implications for firms that engage in CSRD. Although this study finds no effect of board size on the CSRD–firm performance relationship, it provides a strong evidence of a positive effect of board independence on the CSR–firm performance relationship. Practical implications The study contributes to the understanding of CSRD–firm performance relationship by providing evidence of the moderating role of corporate governance. It is, therefore, recommended that a stronger regulation be put in place for CSR engagement and the disclosure of same in Nigeria as well as robust measures for the enforcement of corporate governance mechanisms because there are economic benefits to be derived. Originality/value The findings contribute to the literature by providing up-to-date and original insights on the CSRD–firm performance relationship within a developing country context. It also uses an unco mmon method of measuring CSRD, taking into account the institutional biases that may arise from other methods used in studies on developed countries

Black–White Disparities in Body Mass Index Trajectories From Adolescence to Adulthood: Assessing the Roles of Adverse Childhood Experiences and Exposures to Short Sleep Durations

In comparison to Whites and other racial groups, the Black population in the U.S. has experienced one of the highest prevalences of obesity. Research into the role of adverse childhood experiences (ACEs) has increased recently because the effects of ACEs often persist for a significant portion of a person’s lifetime. Furthermore, the reduction in sleep duration in recent decades has sparked worries about public health. This dissertation assesses Black-White disparities in the associations between (1) ACEs and BMI, and (2) short sleep durations and BMI from adolescence to adulthood. Public-use datasets from the National Longitudinal Study of Adolescent to Adult Health were used to estimate these associations. Study participants included 5,438 Black and White individuals. This study found that female respondents who reported more ACEs experienced higher BMI, on average, than females who did not report any ACE. Additionally, among females this effect was stronger among Blacks in some instances. ACEs were not associated with BMI trajectories among male respondents. Female and male respondents who reported short sleep durations experienced higher BMI, on average, than those who did not report short sleep durations. However, the association did not differ by race among either female or male respondents. The findings imply that ACEs influence Black-White gaps in BMI, especially among females, through pathways that begin early in the lifecourse. Interventions designed to support disadvantaged Black children and adolescents may help reduce large racial disparities in BMI

A Comparative Study of French and English Auxiliary Verbs

Auxiliary verbs in English and French languages are very germane in constructing sentences in both languages. Therefore, this study examines the way auxiliary verbs are used in English and French Languages; and some features where learners of either language may encounter some difficulties in the course of learning. Our attention is drawn to auxiliary verbs because verb is what that makes any sentence functions the way it is. Verb is one of the most important parts of speech in French grammar and also in English. It is through verb that one knows when an action takes place. When a verb helps another verb to form one of its tenses in a sentence, such verb can be said to be auxiliary. This paper also focuses on auxiliary verbs and how verbs are used in the past and present indications. Auxiliary verbs cannot stand or function alone without relying on the main verb in both English and French languages. Finally, we shall concurrently consider in this paper how semi-auxiliary verbs function as modal auxiliary in French.