scholarly journals The Legal Conundrum in the Implementation of the Convention on the Rights of the Child in Nigeria

2021 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Ibrahim Danjuma ◽  
Karatu Afabwaje Joel
Keyword(s):  
International Law ◽  
Child Rights ◽  
National Assembly ◽  
Binding Force ◽  
Full Compliance ◽  
Rights Of The Child ◽  
International Laws ◽  
United Nations Convention ◽  
The Law ◽  
Global Agency

International law or treaty binds a state where such state signed, ratified acceded or domesticated same. In a monist State, ratification alone suffices for the international law or treaty to become binding whereas, in a dualist State, domestication as a condition must have complied. It is because of the peculiarities within various nations' legal systems (Monist or Dualist system). In 1989, The United Nations Convention on the Rights of the Child (UNCRC), an international human rights instrument came into force. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, only about 24 States have enacted the law for onward enforcement. Nigeria is a nation which became independent in the year 1960 comprising now of 36 states and Abuja as its Federal Capital Territory all under the Federal Government. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, many States have enacted the law for onward enforcement. However, few states are yet to comply and raise a question as to whether the said CRC has a binding force in all the States of the Federation. This study aims to examine the extent of how the UNCRC and CRA are being enforced in Nigeria. This study's research methodology is purely doctrinal, where library materials such as books, articles from journals, and online articles have been carefully selected and analyzed for this research. This paper recommends establishing a global agency or organ that should be saddled with the responsibility of ensuring full compliance and enforcement of international laws or treaties.

«Soft law» in the law of the Eurasian Ec onomic Union: place and possibility of challenging

2020 ◽  
Vol 9 ◽  
pp. 35-42
Author(s):  
P.P. Myslivsky ◽  
◽  
I.N. Shchurova
Keyword(s):  
International Law ◽  
International Organizations ◽  
Soft Law ◽  
Binding Force ◽  
Eurasian Economic Union ◽  
Economic Commission ◽  
Economic Union ◽  
The Law

In international law, there are sources that do not formally have binding force, but may indicate the emergence of the opinio juris of states, as well as emerging practice. The Eurasian Economic Union also issues acts that are not formally binding: they are adopted by the Eurasian Economic Commission in the form of recommendations. In addition, the Union takes into account the recommendatory acts of other international organizations. At present, the practice of the EAEU Court indicates that this body takes into account “soft law” in the course of argumentation, but proceeds from the impossibility of challenging acts that are recommendations of the EEC. The authors give ways to establish the possibility of challenging the EEC recommendations in the EAEU Court.

scholarly journals Unchained freedom in cyberspace: a new danger for children’s rights

2020 ◽  
pp. 391-395
Author(s):  
Shahin Sabir Mammadrzali
Keyword(s):  
Moral Development ◽  
International Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
The Internet ◽  
State Control ◽  
Entertainment Education ◽  
Child Rights ◽  
Digital Rights ◽  
Rights Of The Child

The article is dedicated to the harm of cyberspace over children's digital rights in the Internet and introduces conclusions for better defeating digital violations. Digital violations against child rights exist in various forms. Although violation of children's digital rights is the reality of current life, still there is no unified and well-developed system of solutions to restrict freedom in cyberpace. Cyberspace opens new borders for entertainment, education, cultural and moral development of children. Yet, possible difficulties arise when it comes to suitable child rights. Children's digital rights is significantly more complex and multifaceted. Few norms in international law can be found for the regulation of cyberspace and the digital rights of children in this new medium. The content and scope of digital rights of children have not been defined yet. Thus, systemic international and national cyberspace mechanisms relating to the rights of the child should be created on the basis of state control.

International Fisheries Law

2020 ◽  
Author(s):  
Valentin J. Schatz ◽  
Arron N. Honniball
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Fish Stocks ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Fisheries Law ◽  
Conservation And Management ◽  
International Fisheries

International fisheries law is a broad field of international law within which significant state practice, instruments, and relevant fora are found at the global, regional, subregional, bilateral, and national level. For the purposes of this bibliography, the analysis of international fisheries law is limited to the law governing marine capture fisheries (other fisheries law definitions may include the regulation of aquaculture or inland fisheries). This bibliography also primarily approaches fisheries law as a matter of fisheries conservation and management under the international law of the sea. The two main treaties of global application which reflect its foundational framework are the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA). As a starting point, one should consult the maritime zones established under UNCLOS and customary law, whereby the distribution of rights and obligations among the various capacities of states differs per maritime zone. As fish do not respect legal boundaries, special rules of international law that emphasize cooperation and management between states must be adopted and adapted for shared fish stocks such as transboundary fish stocks, straddling fish stocks, and highly migratory fish stocks. In addition, various treaties of global application dealing with specific issues exist, such as the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) and, most recently, the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA). This global treaty framework is complemented by various global non–legally binding instruments, most of which were adopted under the Food and Agriculture Organization of the United Nations (FAO). On the regional level, countless multilateral and bilateral fisheries treaties have been concluded, and the field remains highly dynamic. Notably, many fisheries are nowadays managed by Regional Fisheries Management Organizations and Arrangements (RFMO/As) or bilateral fisheries commissions. As a thematically defined field of law, international fisheries law is not restricted to the rules governing conservation and management of marine fisheries, but may equally raise, among other issues, questions of general international law of the sea such as jurisdiction and maritime law enforcement operations, international environmental law, international trade law, international human rights law, and international dispute settlement.

scholarly journals Historic Rights in African State Practice

2019 ◽  
Vol 7 (2) ◽  
pp. 166-188
Author(s):  
Edwin Egede
Keyword(s):  
International Law ◽  
African State ◽  
Law Of The Sea ◽  
Legal Obligation ◽  
State Party ◽  
Customary International Law ◽  
State Practice ◽  
Dash Line ◽  
United Nations Convention ◽  
The Law

Abstract Historic rights in the law of the sea has been given prominence since the publication by China of the so-called nine-dash line map. Certain States have challenged this claim as inconsistent with the United Nations Convention on the Law of the Sea (UNCLOS) to which China is a State Party. On the other hand, it has been argued that although historic rights claims are not comprehensively regulated by the UNCLOS they are actually governed by the principles of general international law. Consequently, this would require establishing if there is a general and consistent practice of States followed by them from a sense of legal obligation which establish historic rights claims are consistent with Customary International Law. This article explores the State Practice of African States in order to determine whether these States acknowledge and recognize historic rights claims as consistent with contemporary law of the sea.

Rethinking the Concept of Historic Rights in International Law

2019 ◽  
Vol 7 (2) ◽  
pp. 153-165
Author(s):  
Ying Wang
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Legal Documents ◽  
Maritime Boundary ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Maritime Boundary Delimitation

Abstract Historic rights have been acknowledged by international legislation including the United Nations Convention on the Law of the Sea, although many issues concerning the concept still remain uncertain. This article will mainly discuss the legal connotation and juridical functions of the concept of ‘historic rights’ for maritime entitlements and maritime boundary delimitation, and attempt to clarify some legal ambiguity and explain the function of the legal regime through analysis of legal documents and identification of typical difficulties in the application of the concept of ‘historic rights’.

scholarly journals What is Left in the “Too Hard Basket”? Developments and Challenges for the Rights of Children in Conflict with the Law

2020 ◽  
Vol 28 (1) ◽  
pp. 89-110 ◽  
Author(s):  
Nessa Lynch ◽  
Ton Liefaard
Keyword(s):  
Justice System ◽  
Academic Discipline ◽  
Children's Rights ◽  
Theory And Practice ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Age Limits ◽  
The Law ◽  
Cross National

The 30 years since the enactment of the United Nations Convention on the Rights of the Child has seen extensive developments in the theory and practice of children’s rights. Children’s rights are now an established academic discipline with the study of children in conflict with the law being a fundamental area of analysis. This paper takes the approach of highlighting three areas of development of children’s rights scholarship in relation to the criminal justice system: children’s rights, developmental science and notable themes emerging from cross-national scholarship, including age limits, diversion, effective participation and deprivation of liberty. In addition, it analyses three gaps or challenges which are “left in the too-hard basket” for the coming decades.

Mare Nostrum: A New International Law of the Sea

1992 ◽  
Vol 86 (4) ◽  
pp. 764-787 ◽  
Author(s):  
Philip Allott
Keyword(s):  
United Nations ◽  
International Law ◽  
Efficient Method ◽  
Theoretical Basis ◽  
Law Of The Sea ◽  
Root Stock ◽  
Exclusive Property ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

That Princes may have an exclusive property in the Soveraigntie of the severall parts of the Sea, and in the passage, fishing and shores thereof, is so evidently true by way of fact, as no man that is not desperately impudent can deny it.Sir John BoroughsUsing the United Nations Convention on the Law of the Sea of 1982 as a root stock, it is possible to generate a fundamentally new international law of the sea. This regeneration will not be the product of yet another diplomatic negotiation among the representatives of the governments of states. It will be brought about by a much more direct and efficient method. It requires nothing more nor less than a reconceiving of the theoretical basis of the law of the sea.

Constitutional Protection of Children’s Rights: Visibility, Agency and Enforceability

2019 ◽  
Vol 19 (3) ◽  
pp. 401-434
Author(s):  
Conor O’Mahony
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Constitutional Rights ◽  
Child Rights ◽  
Constitutional Protection ◽  
Rights Of The Child ◽  
Starting Point ◽  
United Nations Convention ◽  
National Constitution

Abstract While almost every state in the world has ratified the United Nations Convention on the Rights of the Child, there is less consensus around the manner in which the rights protected by it should be protected in national constitutions. To say that a constitution makes provision for children’s rights is just a starting point: the extent to which a national constitution takes a genuine child rights approach will depend on the quality of the constitutional provisions in question. This article aims to provide a typology which can be used to assess whether the approach taken by any given constitution to the protection of children’s rights is in line with the child rights approach envisaged by the Convention by analysing individual constitutions along three separate spectrums. The Visibility spectrum measures how visible children are in a constitutional scheme; the Agency spectrum measures the extent to which children are considered to be independent, autonomous rights holders; and the Enforceability spectrum measures the extent to which children’s constitutional rights can be enforced.

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