This article discusses the issue of the effectiveness of law in Africa, looking at it from a perspective different from those commonly used in dealing with this theme. It proposes an analysis of the interactions between traditional, religious and official law in the course of the historical development of African law through the lens of the stratigraphic method. The analysis takes into consideration the different legal layers that have been posed upon each other. The work focuses on areas of law that are not commonly considered in this regard; in addition, the discourse is conducted using examples taken from jurisdictions that are not normally present in debates on African law. This implies the use of references that are not commonly encountered in African legal literature, together with some from the most important and renowned authors.

A solid stream of cases have been submitted to the quasi-judicial and judicial treaty monitoring bodies making up the African regional human rights system, namely the African Commission, the African Children's Rights Committee and the African Human Rights Court, and also to sub-regional courts in Africa. Allowing amicus curiae briefs to supplement the parties' pleadings can enhance the soundness of the factual and legal findings of these bodies, especially given their institutional and practical constraints. Thus far, the use of amicus curiae interventions before the African regional human rights bodies has been negligible. In order to ensure greater participation by amici, this article suggests that the possibility of amicus intervention should be unequivocally provided for under each of the applicable legal regimes, that the grounds for accepting or rejecting interventions should be clearly articulated, and that access to information about pending cases should be provided routinely.

The non-profit agency typifies the organizational form for civil society activity and this very fact recommends it as a medium for development processes. This article applies the non-profit organization model to the study of law in development, by identifying ways in which non-profit associations of civil society serve as useful channels for development and describing how the law can enhance their contribution. By combining multidisciplinary perspectives on the role of the non-profit sector with selected law in development approaches, the article also constructs an analytical framework for the study of the legal environment of the non-profit sector in Africa. Furthermore, using illustrations from Africa, it draws out nuanced aspects of non-profit sector activity in the developing world, an exercise which is critical to any effort to redefine law in development scholarship in Africa to include its non-profit sector ally.

The deep seabed beyond national jurisdiction and the seabed's resources have been declared the common heritage of mankind. There are however divergent views on exactly what the common heritage of mankind is. Does it connote joint management or common ownership of this spatial area? This article argues that culture is one of the relevant factors to be considered in understanding the interpretation given to the common heritage of mankind by sub-Saharan African states and that the role of culture cannot be ignored in appreciating how states interpret concepts in international law.

This article critiques the “legal at the time” argument used by states and companies which historically practised slavery to defend themselves against claims for restitution, examining the Mauritian case. Although slavery was largely legal there before its abolition by the British, torts were common under slavery and, during the years of historic rupture, 1794–1839, when the local élite defied first French and then English law, generated systemic unlawful activity. Most types of legal action for restitution for slavery face formidable difficulties; pursuing reparations supported by broad legal arguments may therefore be a more viable route. Slavery may be argued to have been an illegitimate endeavour in itself. While sympathetic to that view, this article does not pursue it but rather seeks to demonstrate that the “legal at the time” argument against reparations contains significant lacunae even within its restricted terms. It also shows that French constitutional law offers possibilities in the form of rights that are not time-bound.

This article analyses the Mauritian regulatory framework on genetically modified organisms (GMOs) and highlights its shortcomings, with the aim of improving the regulation of the approval and monitoring of the use of GMOs in Mauritius. It examines key issues regarding the application for a GMO permit, risk assessment requirements, identification and labelling obligations, post-market monitoring, and liability and redress in the case of damages. There is a need for greater public participation in decision-making on the approval of GMO permits and the monitoring stage procedure, specific civil liability provisions for damage as well as regulation of the coexistence of genetically modified (GM) and non-GM crops in the Mauritian biosafety framework. Pending the proclamation of the entire Mauritian GMO Act 2004, relevant transitional provisions should also be provided. Beyond legal provisions on biosafety, a national policy on GM products and GMO-related activities should be elaborated.

Before the enactment of the Companies and Allied Matters Act (CAMA) 1990, receivership in Nigeria was governed by case law, informal rules (of practice) and the Companies Decree 1968. Nigerian judges were heavily influenced by British case law, precedents were British and the Nigerian Companies Decree was a transplant of the British Companies Act 1948. Against this background, the Supreme Court of Nigeria delivered the Intercontractors decisions in 1988, which subsequently governed the nature, status and powers of Nigerian receivers. In 1990, CAMA introduced a more robust receivership regime which prescribed the nature, status and powers of the receiver, reversing some of the Intercontractors principles. However, the courts, particularly the Supreme Court, failed to enforce the relevant provisions of CAMA or to examine the applicability of the Intercontractors principles that they conscientiously enforced. This article examines the validity of the Intercontractors principles and their continued relevance under CAMA 2004.

Departing from the fact that climate change poses localized effects, this article critically considers from a legal perspective the role of local authorities in the South African government's response to climate change. A brief review of the relevance of climate mitigation and adaptation is followed by an explanation of what these concepts mean for local government. The article then discusses the extent to which the country's environmental and local government law and policy framework provides for municipalities' participation and involvement in climate governance. The article identifies strengths and weaknesses in relation to the local sphere of government's formal involvement in climate governance vis-à-vis authorities in the provincial and national spheres. It concludes that, as a result of their proximity to the effects of climate change, municipalities have a critically important role to play in the climate governance effort, despite the patchwork of environmental and local government laws and lack of explicit, consolidated policy and legal arrangements to this effect.