Portrait of Dr Gbenga Oduntan

Dr Gbenga Oduntan

Reader -International Commercial Law

About

Gbenga Oduntan is a sociolegal scholar and critical legal studies academic. His recent major research works include: International Law and African Boundary Disputes London: Routledge (2015); Sovereignty, Jurisdiction, in the Airspace and Outer space: Legal Criteria for Spatial Delimitation. Routledge-Cavendish (October 2011).

Qualifications: Ph.D. (Law, (Kent)), MA, LLB (hons) BL (hons) BA (hons), ACIArb.

Research interests

  • Delimitation and Demarcation of the Boundary between states.
  •  International dispute settlement mechanisms.
  • Asset recovery and tracing of stolen funds.
  • Transparency, anticorruption and compliance in multinational business.
  • Regulation of International business transactions and international contracts.
  • Space applications and commercialisation of outer space activities in space law.

Teaching

Gbenga teaches undergraduates and postgraduates in the fields of critical law and international business transitions and global problems and international law.

Supervision

I am open to supervision topics in many areas across the public and private international law fields.

Professional

Solicitor and barrister of the Supreme Court of Nigeria; (ACIArb) Chartered Institute of Arbitrators; Co-ordinating Attorney World Anticorruption Research Network (WARN).

Publications

Article

  • Oduntan, G. (2017). Prescriptive strategies to combat corruption within the administration of justice sector in Nigeria. Journal of Money Laundering Control [Online] 20:35-51. Available at: http://dx.doi.org/10.1108/JMLC-09-2015-0042.
    Nigeria with an estimated 160 million people is Africa’s most populous country, is oil-rich, but has been hobbled since its independence by political instability, corruption, inadequate infrastructure, and poor macroeconomic management. A new republic has just begun in the country in 2015 with the election of two anti-corruption crusaders as President and Vice president respectively. Although very few empirical studies exist on the subject of corruption within the justice system in Nigeria the intolerable popular impression is that the machinery of justice in Nigeria is quite notoriously corrupt.
    Previous studies focusing specifically on judicial corruption in Africa have placed Nigeria within a middle-ranking position, whereupon it is seen as better than Kenya and the United Republic of Tanzania, but worse than Botswana, Ghana and Senegal. The aim of this paper is to identify strategies and mechanisms that will enhance the professionalism, effectiveness, integrity, accountability and transparency of the organisations within Nigeria’s administration of justice system Judiciary both at the federal and state levels including: Ministries of Justice, the Police, the Prison Service, immigration, customs and even the Bar among others.
  • Oduntan, G. (2016). Legal consequences for disregard of the world court’s decision and the continuing construction of a wall in the occupied palestinian territory. Romanian Journal of International Law [Online]. Available at: http://www.mae.ro/en/node/2028.
    A decade after the delivery of the advisory opinion of the International Court of Justice (ICJ) in the case Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (Request for advisory opinion) popular opinion appears to be that the advisory opinion has not produced any appreciable and positive outcome for and in the interest of the Palestinian people. This article discusses the issues surrounding the legal validity, authoritativeness and bindingness of advisory opinions and notes that although advisory opinions are not judgments but "merely opinions and merely advisory” they do carry a recognisable authority and are generally persuasive and followed by UN member states and even states that are not yet members as exemplified by Israel in relation to the Conditions Of Admission of a State to Membership In The United Nations [1948]. The article considers the impact the wall has had over the last 11 years evaluates attempts to give effectiveness to the advisory opinion and makes suggestions as to the future. The article thus, lays the ground for the conclusion that the opinion in the case under discussion ought to be followed by Israel; that Israel bears international responsibility and liability for its action in defiance of the position of international law and particularly for large scale abuse of the rights of individuals and communities in Palestine as a result of the wall policy; and that all UN bodies particularly the Security Council should seek all ways to bring about the implementation of the Courts decision in this case. The reception of the opinion by various key stakeholders are evaluated and the major steps taken by the General Assembly to encourage compliance and to impose liability on the state of Israel are discussed along with suggestions on how to ensure that the legal opinion in this case is finally used as a basis to bring down the much criticised and illegal, approximately 700 km structure, which is a clog in the wheel of the general resolution of the problems surrounding the occupation of Palestinian territories and the law and politics of the Israeli-Palestinian issue in international relations.
  • Oduntan, G. (2016). The ‘Reimaginarium’ of Lex Mercatoria: Critique of the Geocentric Theory about the Origins and Episteme of the Lex Mercatoria. Manchester Journal of International Economic Law 13:63-80.
    The article examines the controversy surrounding sources, nature and scope of operation of the so called field of lex mercatoria. It aims to critique the classic positions regarding the existence/non-existence or validity/invalidity of the lex mercatoria as presented in legal literature. Specifically it aims to deepen understanding of the lex mercatoria by examining the interconnectedness of the world’s basic cultures and legal traditions to the lex Mercatoria and indicating the possible streams from which it derived and continues to derive its validity. A refutation is made of the predominant view that the lex mercatoria is a creation of Western Europe. The paper also aims at raising arguments to counter some of the little discussed misconceptions that are discernible in legal literature and which have arguably prevented a holistic approach to the discussion of this important issue area of the law. The paper thus, invites scholars to rethink and re-imagine the enigma of the lex mercatoria in favour of a more culturally encompassing and commercially inclusive epistemology.
  • Oduntan, G. (2016). Aspects of the International Legal Regime Concerning Privatization and Commercialisation of Space Activities. Georgetown Journal of International Affairs [Online] 17:79-90. Available at: http://dx.doi.org/10.1353/gia.2016.0006.
    Gbenga Oduntan analyzes the current state of law and practice of space activities as they relate to private enterprise, highlighting the need for national and international reform to better align international systems. The article traces the increasing scope of law relevant to private enterprise in space and advises directions in which it can evolve.
  • Oduntan, G. (2014). Security, Policing and other Emergency Applications of Nigeria’s Space Program within the context of International Space Law. Nigerian Journal of Air and Space Law.
  • Oduntan, G. (2011). International Moral Legalism and the Competence over Prosecution of Corruption Crimes. African Journal of Law and Criminology [Online] 1:78-99. Available at: http://www.sachajournals.com/documents/OGbengVol.1No.1AJLC.pdf.
    The paper highlights the acute nature of the problem of grand business corruption and the major legal developments in anticorruption legislation nationally, regionally and
    internationally. While accepting the utility of the black letter analysis of anticorruption laws the author argues that it is equally worthwhile that legal writers establish the moral abhorrence of international corruption across human cultures and forms of civilisation. It is suggested that there is ample basis for doing so by distilling the philosophical, religious and cultural jurisprudence of corruption from the corpus of indigenous African religion, Islamic thought, Christian theology and cultural values common to human societies. It is noted that the complicity of western societies in providing home for stolen and illegal wealth systematically transferred from the developing world is at odds with this shared moral
    vocabulary of human civilisations. It is argued that the utility of establishing the moral imperative of the global anticorruption movement is to put a stop to this phenomenon and to ensure the expansion of the jurisprudence and international criminal jurisdiction against gross abusers on the same basis as is presently done against pirates, terrorists, hijackers and other persons engaging in acts regarded as delicta jure gentium.
  • Oduntan, G. (2011). Repatriation of Africa: Imperative of the African Union Boundary Programme Within Contemporary International Law and Practice. African Journal of Law and Criminology [Online] 1:140-203. Available at: http://www.sachajournals.com/documents/GBENGAAJLC002.pdf.
    “Frontiers are indeed the razors edge on which hangs suspended the modern issues of war and peace, life or death of nations.” Spatial boundaries have ambiguous features: they divide and unite, bind the interior and link it with the exterior, are barriers and junctions, walls and doors, organs of defence and attack and so on. Frontier areas (borderlands) can be managed so as to maximise any of these functions. They can be militarised, as bulwarks against neighbours, or be made into special areas of peaceful interchange. This paper explores the core issues surrounding
    Africa national boundaries within the context of national sovereignty and international laws.
  • Oduntan, G. (2010). Tracing Noxious Funds. International Trade and Business Law Review XIII.
  • Oduntan, G. (2010). C.I.F. Gatwick’ and Other Such Nonsense Upon Stilts: Incoterms and the Law, Jargon and Practice of International Business Transactions. International Company and Commercial Law Review 21:214-223.
    Examines the utility of trade terms in international trade contracts and the development of Incoterms as international standard terms. Focuses on three of the main Incoterms: ex works contracts, FOB contracts and CIF contracts. Distinguishes, in relation to the application of Incoterms, between contracts of carriage and contracts of sale. Refers to the principal commercial documents used, and the effect of incorporating special terms or variants of Incoterms
  • Oduntan, G. (2009). Modalities for Post Boundary Dispute, Cross Border JPZs/Unitisation Upstream Hydrocarbon Exploitation in the Gulf of Guinea? Oil Gas and Energy Intelligence [Online] 4. Available at: http://www.ogel.org/article.asp?key=2943.
    The Cameroon-Nigeria Mixed Commission (CNMC) was established to follow up on the judgment delivered by the International Court of Justice (ICJ) of 10th October, 2002 on the land and maritime boundary dispute between the two countries.[1] One of the effects of this long standing dispute and the lengthy gestation period of the case before the World Court has been the tremendous pace at which the maritime boundary between many Gulf of Guinea states has been settled through intensive negotiations leading to the creation of at least two instances of Cross border Upstream Cooperation.
  • Oduntan, G. (2008). The Emergent Local Regime for Exploration of Hydrocarbons in the Gulf of Guinea: Imperative Considerations for Participating States and Multinations. International Comparative Law Quarterly [Online] 57:253-302. Available at: http://www.biicl.org/publications/iclq/-/vol/57/issue/2/.
  • Oduntan, G. (2008). The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission. International Comparative Law Quarterly [Online] 57:253-302. Available at: http://dx.doi.org/10.1017/S0020589308000213.
  • Oduntan, G. (2008). The Province of International Business Transactions Defined: Content, Scope and Intersections with International Legal Studies. Manchester Journal of International Economic Law 5:87-111.
    The law of International Business Transactions as a subfield within the general field of international commercial law can appear to be quite amorphous to students and practitioners. It may be observed that different authors converge, diverge and intersect in their focus on the various relevant themes and topics within the general phenomena of international commercial transactions. This article offers some explanation for this reality by seeking to establish certain necessary connections between the study of the law of transnational business and allied fields of international studies. The article also seeks to
    dispel certain myths such as that which views international business regulation as devoid of power politics. The paper, thus, places the study of international business transactions well within the scope of socio legal as well as critical legal theory.
  • Oduntan, G. (2007). The Demarcation of Maritime Boundaries in the Gulf of Guinea in Accordance with World Court Judgment in the Land and Maritime Dispute Case (Cameroon v. Nigeria: Equatorial Guinea intervening). Romanian Journal of International Law:118-146.
  • Oduntan, G. (2006). The Demarcation of Straddling Villages in Accordance with the International Court of Justice Jurisprudence: The Cameroon-Nigeria Experience. Chinese Journal of International Law [Online] 5:79-114. Available at: https://doi.org/10.1093/chinesejil/jml004.
    The existence of straddling settlements between Cameroon and Nigeria is one of the features of their geographical location as neighbouring West African States. Although the existence of these settlements did not constitute a central part of the boundary dispute between both States, implementation of the recent World Court judgment presents crucial dilemmas as to the treatment of straddling communities in particular and, to some extent, boundary villages as well. This article explores the alternatives that may be adopted in attaining a fair and just implementation of the Court's judgment in relation to straddling villages and boundary communities. The delimitation and demarcation of straddling villages and villages that fall into another State's territory are bound to be an increasingly common feature of the work of international courts and demarcation commissions as populations increase and the need to definitively specify borders increases. It is, therefore, necessary that a specialized jurisprudence is developed for this area of law. This article, therefore, attempts to highlight difficulties in the jurisprudence of the International Court of Justice in its work in this area and suggests a typology of factors that may be adopted in varying delimitation lines by adjudicators and demarcators. It also attempts a digest of what may represent good practice in the law of boundary delimitation and demarcation by examining similar cases around the world. The argument presented is that there is enough within the corpus of international law and international relations for courts to avoid splitting communities needlessly or subjecting populations to the whims and caprice of hostile States' territorial jurisdiction, particularly in relation to a continent such as Africa, which has suffered a long and unfair history of balkanization of its peoples and civilizations. The article makes the case that the World Court needs more law elaboration if not judicial activism in its delimitation work to avoid inadvertent complicity in the abuse of peoples' rights and to attain a more robust resolution of boundary disputes. The view advanced is that where aspects of the Court's delimitation may be unsatisfactory and contrary to the mutual interests of disputants, those charged with the task of implementing the Court's judgment must not be slavish in their appreciation of the spirit of judicial resolution. Where there is the danger that human and generational rights would be needlessly compromised, nothing apart from an unimaginative and unco-operative approach prevents demarcators from independently adopting a more holistic resolution of the dispute in the interest of human justice, such as by (within very strict limits) varying delimitation lines suggested by the Court in particular sectors.
  • Oduntan, G. (2005). How International Courts Underdeveloped International Law: Economic, Political and Structural Failings of International Adjudication in Relation to Developing States. African Journal of International and Comparative Law 1:x-x.
  • Oduntan, G. (2005). Imagine There Are No Possessions: Legal And Moral Basis Of The Common Heritage Principle In Space Law. Manchester Journal of International Economic Law 2:30-59.
  • Oduntan, G. (2004). Africa Before The International Court of Justice and the Permanent Court of Arbitration. Indian Journal of International Law 44:701-748.
  • Oduntan, G. (2004). The Evidentary Issues Arising from the Proposed Use of the Satellite Based Vehicle Monitoring System and Electronic Logbooks in the Fishcam Project within the European Union. International Journal of Law and Information Technology 12:74-100.
    This paper examines the admissibility and probative weight of evidence derived from software on board fishing vessels in several jurisdictions within the EU and defines the legal obstacles and likely impediments to its value. Furthermore, the study describes and analyses the legal situation in the different EU member states regarding the use and legal acceptance of evidence derived from electronic sources and data contained in electronic documents. The study also considers the practice among public authorities in certain European States to adopt electronic documents as official in consonance with the laws implementing the EU directive on electronic signature.
  • Oduntan, G. (2004). Africa before International Courts: The Generational Gap in International Adjudication and Arbitration. Journal of World Investment and Trade [Online] 5:975-1017. Available at: http://www.wernerpubl.com/frame_inves.htm.
    Controversy persists as to whether or not international law is Eurocentric in nature and international relations are stacked against the interests of developing States in general and African States in particular. This article examines these issues and seeks to prove that there are grave inequities in the established systems of international adjudication and arbitration. It does so by examining the record of the two foremost international courts—the International Court of Justice and the Permanent Court of Arbitration. In particular, the article offers a detailed analysis of their jurisprudence in relation to two recent disputes involving African States—the Case concerning the Land And Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria: Equatorial Guinea Intervening) and the Decision Regarding the Delimitation of the Border between The State of Eritrea and the Federal Democratic Republic of Ethiopia. The article concludes that the international law espoused and practiced by the leading international courts and tribunals is no more than a means of maintaining the sanctity of past colonial acts and solidifying the continuing interests of the older and more developed States.
  • Oduntan, G. (2003). The Generational-Technological Gap in Air and Space Law. Journal of Space Law 29:185-204.
  • Oduntan, G. (2003). The Never Ending Dispute: Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space. Hertfordshire Law Journal [Online] 1:64-83. Available at: http://perseus.herts.ac.uk/prospectus/faculty_la/law_site_pages/cil/hlj/hlj_vol1_02.cfm.
  • Oduntan, G. (2002). Maritime Pyrrhic Victories: Evaluation of the de facto Regime of Common Fishing Rights in the Land and Maritime Boundary Case (Cameroon v Nigeria). Journal of Maritime Law and Commerce 37:x-x.

Book

  • Oduntan, G. (2015). International Boundary Disputes in Africa. Oxford: Routledge.
  • Oduntan, G. (2013). Progressive, technological, policy and legal regime for the utilization of space solution for effective peace human safety and national security. Obafemi Awolowo University Press.
  • Oduntan, G. (2012). Sovereignty, Jurisdiction, in the Airspace and Outer space: Legal Criteria for Spatial Delimitation. Oxford: Routledge.
    Sovereignty and jurisdiction are legal doctrines of a complex nature, which have been subject to differing interpretations by scholars in legal literature. The tridimensionality of state territory recognised under customary international law subsists until the present but there are other territories that do not or cannot belong to any state or political entity which also must be accounted for in legal theory. The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the twenty-first century. As a result of the fast pace of technological developments in air and space activities and the massive increases in air transportation , satellite communications and space exploration, the need for scholars and practitioners to sharpen their appreciation of the legal and political issues becomes crucial.
  • Oduntan, G. (2011). Sovereignty and Jurisdiction in Airspace and Outer Space: Legal Criteria for Spatial Delimitation. [Online]. London: Routledge-Cavendish. Available at: http://www.routledge.com/books/details/9780415562126/.
    Sovereignty and jurisdiction are legal doctrines of a complex nature, which have been subject to differing interpretations by scholars in legal literature. The tridimensionality of state territory recognised under customary international law subsists until the present but there are other territories that do not or cannot belong to any state or political entity which also must be accounted for in legal theory. The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the twenty-first century. As a result of the fast pace of technological developments in air and space activities and the massive increases in air transportation , satellite communications and space exploration, the need for scholars and practitioners to sharpen their appreciation of the legal and political issues becomes crucial.

    This book will focus primarily on the issues of sovereignty jurisdiction and control in airspace and outer space and their effects on public and private activities, but it will also look at related issues pertaining to the Seas and Antarctica. Commercial exploitation, resource control and the international regime regulating contractual obligations in relation to transportation of goods and services over all forms of territory will be examined to the extent that they are necessary to explain jurisdictional rights and duties over territory. Older problems of international law such as crimes in the air and airspace trespass are treated along with newer developments such as space tourism as well as growing demand for private ownership and involvement in outer space exploitation.

    The book goes on to consider the distinction between airspace and outer space and puts forward legal criteria which would allow for the resolution of the spatial delimitation dispute. These criteria would determine where in spatial terms the exclusive sovereignty of airspace ends and where outer space – the province of all mankind – begins, and contribute to the jurisprudence of territorial sovereignty and jurisdiction.
  • Oduntan, G. (1999). Law and Practice of the International Court of Justice a Critique of the Contentious and Advisory Jurisdictions. Fourth Dimension Publications.

Book section

  • Oduntan, G. (2015). Fisheries in the European Union. in: Vaughan, D., Robertson, A. and Yevgenyeva, A. eds. Law of the European Union. Oxford: Oxford University Press.
  • Oduntan, G. (2013). International Spaces: legal and moral basis of the common heritage principle in space law. in: de Feyeter, K. ed. Globalization and Common Responsibilities of States. Ashgate.
  • Oduntan, G. (2009). International Law and the Discontented: How the West Underdeveloped International Laws. in: Parashar, A. and Dhanda, A. eds. Decolonisation of Legal Knowledge in India. India: Routledge.
  • Oduntan, G. (2006). Arriving Before You Depart: Separating Law and Fiction in the Development and Operation of International Juxtaposed Control Zones. in: Shah, P. ed. Migration, Diasporas and Legal Systems. London: Cavendish Publishers.

Internet publication

  • Oduntan, G. (2015). Nigeria and corruption: what President Buhari must do to tackle it [Online]. Available at: https://theconversation.com/nigeria-and-corruption-what-president-buhari-must-do-to-tackle-it-42582.
  • Oduntan, G. (2015). Africa’s border disputes are set to rise – but there are ways to stop them [Online]. Available at: https://theconversation.com/africas-border-disputes-are-set-to-rise-but-there-are-ways-to-stop-them-44264.
  • Oduntan, G. (2015). Grandiose Plans To Finally Map Out Africa: Motion Without Movement? [Online]. Available at: http://www.politicoscope.com/grandiose-plans-to-finally-map-out-africa-motion-without-movement/.
  • Oduntan, G. (2015). Buhari’s cabinet: solid choices, but too few women and too elitist [The Conversation]. Available at: https://theconversation.com/buharis-cabinet-solid-choices-but-too-few-women-and-too-elitist-50800.
  • Oduntan, G. (2015). Why new drone laws need to be implemented [Online]. Available at: https://agenda.weforum.org/2015/09/why-new-drone-laws-need-to-be-implemented/.
  • Oduntan, G. (2015). MH17 report leaves questions unanswered, and casts a light on the state of international law [Online]. Available at: https://theconversation.com/mh17-report-leaves-questions-unanswered-and-casts-a-light-on-the-state-of-international-law-49166.
  • Oduntan, G. (2015). Who owns space? US asteroid-mining act is dangerous and potentially illegal [The Conversation]. Available at: https://theconversation.com/who-owns-space-us-asteroid-mining-act-is-dangerous-and-potentially-illegal-51073.
  • Oduntan, G. (2015). The age of drones has arrived quicker than the laws that govern them [Online]. Available at: https://theconversation.com/the-age-of-drones-has-arrived-quicker-than-the-laws-that-govern-them-47024.
  • Oduntan, G. (2015). Gibraltar’s contested waters: it’s time to settle this unedifying spat [Online]. Available at: https://theconversation.com/gibraltars-contested-waters-its-time-to-settle-this-unedifying-spat-46060.
  • Oduntan, G. (2015). Why Nigeria’s plans for a dream Eldorado city are not radical enough [Online]. Available at: https://theconversation.com/why-nigerias-plans-for-a-dream-eldorado-city-are-not-radical-enough-44874.
  • Oduntan, G. (2015). Is space tourism travelling faster than space law? [Online]. Available at: https://theconversation.com/is-space-tourism-travelling-faster-than-space-law-43586.
  • Oduntan, G. (2014). New treaty needed to clarify use of drones [Blog]. Available at: https://blogs.kent.ac.uk/law-news/2014/10/24/new-treaty-needed-to-clarify-use-of-drones/.
    Airspace law expert Dr Gbenga Oduntan calls for a new treaty to clarify the use of drones following the recent deployment of troops and fighter jets by China in response to an unauthorised drone flight.
  • Oduntan, G. (2013). Nigeria’s Long Drawn Battle Against Cybercrime [Online]. Available at: http://www.thisdaylive.com/articles/nigeria-s-long-drawn-battle-against-cybercrime/159800/.
    The Central Bank of Nigeria reported recently that the Nigerian banking sector lost over N20 billion through internet fraud and the impact on the nation’s cashless policy is significant. With the reported theft of N2 billion from the Union Bank of Nigeria last week by three young undergraduates, Gbenga Oduntan writes that the time is now for the nation to as a matter urgency pass the Hon. Bassey Etim sponsored Cyber Security Bill, 2011 to safeguard banks and their clients’ funds

Forthcoming

  • Oduntan, G. (2019). Access to justice in international courts for indigent states, persons and peoples. Indian Journal of International Law [Online]. Available at: https://doi.org/10.1007/s40901-019-00098-5.
    Funding and litigation finance is an important aspect of international adjudication. The growing literature on courts and tribunal has however overlooked the subject of litigation cost and finance. This paper considers the development of the practice of trust funds that aid access to international courts and tribunals for states as well as corporate and natural persons. Next, the paper addresses strategies to increase access to justice by poorer developing states and indigent persons. The paper evaluates the means by which further confidence in the adoption of international adjudication, arbitral routes and other appropriate dispute resolution routes may be promoted among poorer parties in order to reduce the deleterious effects of acute financial inequalities between litigants and other participants. In order to exhaustively deal with this issue of litigation financing the paper will, therefore, compare the relevant law and processes of the International Court of Justice, the Permanent Court of Arbitration, the International Tribunal for the Law of the Sea, the European Court of Human Rights, the various International Criminal tribunals, the World Trade Organisation and the International Centre for Settlement of Investment Dispute.
  • Oduntan, G. (2016). Bakassi Resolved: The Final Delimitation and Demarcation of the Boundary Between Cameroon and Nigeria. Lagos: Nigerian Institute of International Affairs.
  • Oduntan, G. (2015). Is the Lex Mercatoria still applicable to 21st century commercial contracts. International Company and Commercial Law Review [Online]. Available at: http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=423.
    The article examines the scope of operation of the new lex mercatoria and discusses its applicability to the contracts drawn up by the modern day lawyers on behalf of companies, business enterprises and businessmen. It aims to deepen understanding of the lex mercatoria by arguing for the admission into the field of lex mercatoria, the practices and jurisprudence of the world’s basic cultures and legal traditions. In this manner it argues for an increase in resort to the lex mercatoria in modern commercial contracts and arbitration agreements.
  • Oduntan, G. (2015). Implications of emerging satellite imagery of ancient African relict boundary walls. Leiden Journal of International Law [Online]. Available at: http://journals.cambridge.org/action/displayJournal?jid=LJL.
    There is a little challenged assumption in international legal literature that linear boundary delimitation and demarcation were alien to precolonial Africa. It is also generally believed that there was a general (but not total) absence of modern methods of physical marking of boundary alignments. This position appears to be based on a similar perception that Africa lacked centralized ‘state’ structures or entities. These views have, however, been dramatically challenged by recent satellite imagery discoveries of thousands of precolonial relict boundary walls that were used presumably to demarcate political boundaries in Africa. The article, thus, debunks the myth of a borderless precolonial Africa as Eurocentric and the author seeks to construct a new understanding of precolonial African boundaries based on scientific findings, oral histories, archaeological and ethnographical studies. On these bases the article argues that African states must incorporate these findings into their understanding of precolonial boundaries. They should also use the findings to discard the prevalent assumption that there is something not African about maintenance of strict boundary lines. The article concludes that there should be as a result a new confidence in completing the current delimitation and demarcation exercises across the continent giving due respect to applicable international laws and the structures of African diplomacy.
Last updated