International Journal of Law and Legal Studies

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 4 (2), pp. 176-179, March, 2016. © International Scholars Journals

Review

Human rights standpoint on child labour in India

Ranqour Rajput Singh

Centre of Central Asian Studies, University of Kashmir, J&K, India, 190006.

E-mail: [email protected]

Accepted 6 January, 2016

Abstract

Human rights were formally acknowledged and declared in realization of the need to safeguard and promote the inherent dignity of all members of human society. Prior to the Convention on the Rights of the Child, human rights standards applicable to all members of the human family had been expressed in legal instruments such as covenants, conventions and declarations. By, 1989, the standards concerning children were brought together in a single legal instrument agreed to by the international community. It unambiguously spelt out the rights to which every child is entitled, regardless of place of birth, descent, sex, religion, or social origin. India has always been a land of many social problems and one amongst them is child labour. The Constitution of India guarantees fundamental rights and full freedom to enjoy childhood for the children of the country. Inspite of that millions of children are being put to arduous work for short and narrow gains. Legal protection to children from such exploitation and the human rights perspective is the crux of this article.

Key words: Child rights, human rights, United Nations, UNICEF, convention, Ilo, constitution, article, act, hazardous work.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 4 (1), pp. 168-175, January, 2016. © International Scholars Journals

Review

Procedures on customary divorce law in southern Nigeria

Morenike Susan Ichebe

Department of International Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria.

Email: [email protected]

Received 15 November, 2015; Accepted 20 December, 2015

Abstract

Divorce does great violence to marriage, and by extension to family and society. Although the provisions for divorce under the Nigerian Matrimonial Causes Act frustrates the ideal of a lifelong union made normative by the natural law, the provisions and practices of divorce under the various customary laws are arguably much more devastating to the quintessential stability of marriage. It is either that the grounds enabling divorce are so elastic and plural to encompass anything whatsoever; or that the procedure for initiating and securing divorce is overly discriminatory and human right insensitive; or that the reliefs attaching thereto are not satisfactory or sufficient. The purpose of this study is to advance some criticisms against the grounds, procedure and reliefs predicated on customary divorce law in southern Nigeria. It is the finding thereof that much of the corpus of the customary divorce laws applicable to southern Nigerian are contrary to natural justice, equity and good conscience. The methods employed in this study are analysis and hermeneutics of customs on the one hand and statutory and case constructions on the other hand. All in all, this study recommends a thorough going revision of the customary rules on divorce with statutory limitations as guard flies.

Key words: Divorce, customary law, bride price and reliefs.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 3 (7), pp. 165-167, August, 2015. © International Scholars Journals

Case Study

Impact of community stakeholders on public-private partnerships: Lessons from the Lekki-Epe concession toll road 

Augustine E. Arimoro

LLB Maiduguri BL Nigeria LLM Derby PhD Candidate, Kingston Law School, Kingston University London, United Kingdom. E-mail: [email protected]

Accepted 28 July 2015

Abstract

Considering that governments around the world in contemporary times are partnering with the private sector for the provision of infrastructure, it is imperative to consider the role community stakeholders play in the success or failure of public-private partnership (PPP) projects. This paper examines the role of community stakeholders in PPP arrangements and execution using the Lekki-Epe Concession Toll Road in Lagos, Nigeria as a case study. The Paper considers that there was poor involvement of community stakeholders in the conception stage, which constituted a serious factor that led to the failure of the arrangement. The paper recommends the involvement of community leaders, religious leaders, women leaders as well as the media to ensure the success of PPP projects.

Key words: Community, stakeholders, concession, public private partnership, infrastructure. 

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 2 (7), pp. 160-164, August, 2015. © International Scholars Journals

Review

A socio-economic legislation directed towards public welfare and consumer protection in India: Consumers’ protection Act

Anil Amani Mehta

Department of Political Science, Faculty of Social Science, University of Mumbai, Mumbai, India.

E-mail: [email protected]

Accepted 3 July, 2015

Abstract

Prior to 1986 consumers were unaware of their rights. The business community was exploiting the innocent consumers as per their own choice. The new economic policy and the policy of liberalization adopted in India since 1991 have completely altered the face of business ethics by generating larger flows without the attendant accountability. The problems of consumers have become more acute during the last two decades. The Consumer Protection Act, 1986 is a milestone in the history of socio-economic legislation directed towards public welfare and consumer protection. Therefore, the importance of consumer protection in India has increased significantly during the policy of Economic Liberalization. It has been found that due to demonstration effect and increase in money power under new economic policy the demand for consumer products has been increasing by leaps and bounds and traders have been making a full use of increased demands for consumer products. They have been adopting fair and foul means to attract consumers and earn more and more incomes by hook or crook. Paradoxically, while the population has been increasing, the purchasing capacity of consumers in most of the cases has gone up after ushering in an era of new economic policy. The people have no time to make judicial judgments while purchasing goods; as a result of this most of the traders have been making full use of advertisements to attract consumers to purchase their products. They have been giving false specifications of their products and fleecing the consumers. No doubt, Director General of Investigation and Research (DGIR) has been established for investigating these cases but it has proved to be a white elephant. It has been found that in most of the cases investigations do not take place because these traders influence the officers of DGIR by gifts and offering jobs to their children to stop the investigations. A consumer of Nokia product asked DGIR to start investigations against NOKIA Company for unfair trade practices and deficiency in service. The DGIR did start the inquiry against the company but stopped in between because their officers were influenced by the Company not on merit but by other considerations. Moreover, there is urgent need to bring medical profession under Consumer Protection Act because they have been large number of complaints against doctors for negligence, resulting in serious disability and death of their patients. Doctors have made this profession a money making profession by hook or crook rather than making it a noble profession. In a nutshell, there is need to improve the functioning of DGIR, Consumer Forums and MRTC. A time limit of one year should be fixed if the consumer movement has to succeed in India. This paper indicates the problems of the consumers of India, failure of institutions which protect consumer rights and also suggests policy implications.

Key words: Consumer protection, economic policy, purchasing power.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 2 (6), pp. 155-159, July, 2015. © International Scholars Journals

Review

Hindrances to international commercial arbitration Institution

Agbofodoh R. Franklin

Commercial and Property Law, Faculty of Law, University of Benin, Benin City, Nigeria.

E-mail: [email protected]

Accepted 24 June, 2015

Abstract 

Arbitration is a private exercise based on the agreement of the parties and is administered by appointed ad hoc arbitral tribunal or established arbitral centre or institution. International commercial arbitration which is one of the procedures for resolution of international commercial disputes is patronized by many commercial men and women including corporate bodies and states. The essence of this paper is to inquire into the obstacles confronting this international lucrative procedure for settlement of commercial disputes between private individuals, private individuals and state, and between state and state parties. This paper will among others consider the obstacle of national courts, cost of arbitration, nationality of the arbitrators, political instability and unrest, etc.

Key words: Obstacles, international commercial arbitration, law.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 2 (5), pp. 149-154, June, 2015. © International Scholars Journals

Review

Routine issues that confronts internal revenue Service (IRS) audit of an individual taxpayer in the United States

Douglas Peck Thompson

Department of Business and Managerial Science, University of California, Berkeley, California.

E-mail: [email protected]

Accepted 29 May, 2015

Abstract 

This paper presents a discussion of certain procedural issues that confront an individual taxpayer in the United States when dealing with a civil tax audit conducted by the Internal Revenue Service (“IRS”). Given the nature of the topic, the paper cannot address every such issue because the topic is vast and each individual situation is unique. It is, however, the author’s hope that the reader will come away with a deeper understanding of the IRS’ civil tax audit and protest process, along with an appreciation for certain procedural issues related to the resolution of conflicts with the IRS. It is the author’s further hope that this paper will inspire students of accounting and taxation to develop a deeper appreciation for the tactics and techniques used during the civil tax audit and defense process and that these students can utilize this information in their professional careers. Issues pertaining to IRS criminal tax investigations and prosecutions under the Internal Revenue Code of the United States or other related laws are beyond the scope of this paper.

Key words: Internal revenue service, IRS, tax, audit.