bluuebunny/crossref_metadata_2025 huggingface dataset:
African Legal Tradition J. M. Sarbah, J. B. Danquah, N. A. Ollennu
Authors: Sinitsina Irina
Published: July 2009

The Systematic study of African customary law and of the establishment of its role in the legal systems of African states was initiated, above all, by works of A. N. Allott. The scholar gives unflagging attention to the local legal schools which laid a serious basis for the present-day comparative study both of customary law and of national legal systems, for clarifying the possible ways of their development, and for a search for optimal legal forms which would take due account of the interests of small ethnic groups. The formation of national legal systems of African states has aroused a major interest in the customary law of ethnic groups. A. N. Allott correctly observed that it was necessary to pay heed, in particular, to the historical aspect of customary law.

The most vivid example of the high level of development of autochthonous legal institutions and of their study by local legal scholars is furnished by the legal school of the ethnolinguistic group known as Akan (the Gold Coast, later Ghana).

Present day Ghana in the pre-colonial period formed the states of the Akan peoples—Fanti and Ashanti—and of the inhabitants of the Birim-Volta river region—Akim and Akuapem. Screened by a tropical forest from the north and facing the Gulf of Guinea, the region remained isolated from external influences for many long epochs, creating specific systems of state law. The types and forms of their customary law mechanism characterize the level of development and specific features of appropriate societies.
Traditional Law and Religion Among the Bulsa of Northern Ghana
Authors: Schott Rüdiger
Published: July 2009

In October 1974 I attended a court session in Sandema, capital of the Bulsa District in the Upper Region of Ghana.1Before the Paramount Chief of the Bulsa, Mr. Azantinlow, had appeared two men from Kanjaga, another Bulsa village. One of them complained that some of his donkeys had gone astray and had been illegally appropriated by his neighbour. The latter denied these charges, stating that the donkeys in his compound were his own and not identical with the lost donkeys of the complainant.

The case had been brought previously before the chief of Kanjaga who had advised them to consult a diviner (baano), who by means of his divining practices should find out to whom the donkeys belonged. The diviner, consulted by the complainant's father, came to a conclusion in his favour, yet the defendant did not believe what the complainant told him about the outcome of the divining, but accused him of telling lies. In addition the defendant asked: “In our land (i.e. according to our customs), if you consult a diviner, don't you also offer sacrifices to abogluk?”2This the complainant's father apparently had failed to do.

The case was finally brought before the Paramount Chief in Sandema. He refused to judge the case, but referred it back to the elders of the village: they should “talk the case” (biisi bììka) before it was brought to the Chief again, if necessary.
Early European Influences on Tswana Law
Authors: Schapera I.
Published: July 2009

In the closing paragraph of his inaugural lecture Law and Language, Professor Allott referred to what he termed “a daunting obstacle” to the intensive study of African legal systems.

That obstacle is the rapid disappearance, before our very eyes, of the traditional systems that we have proposed to study. A generation ago there would not have been that difficulty; but today the traditional tribunals have vanished in many African countries where their place has been taken by statutory local courts. Even where the traditional courts appear to have survived, at least in name, they are usually affected by the impact of western law and institutions and of central government control.

Those words were written in 1965. How true and necessary they were is shown by the fact that more than fifty years previously—even more than “a generation ago”—the impact of “western” influences upon the Tswana peoples of the Bechuanaland Protectorate (now the Republic of Botswana) had already led to many changes in the indigenous legal system, although, at that time, the “traditional courts” still survived virtually intact and not merely “in name”.

The nature and extent of those changes can be readily ascertained by the fortunate chance that, there are still available the records of approximately 470 cases tried, over a period of six and a half years, in the highest traditional court of the Ngwaketse, a major Tswana chiefdom.
African Customs in an English Setting: Legal and Policy Aspects of Recognition
Authors: Poulter Sebastian
Published: July 2009

Although there are no reliable, detailed official figures as to the present ethnic composition of the population of Great Britain, a recent survey by the Office of Population Censuses and Surveys has estimated that the number of Africans settled here is just over 100,000. Many more, of course, arrive in Britain each year as students or visitors. Indeed, in 1986 the volume of visitors from Nigeria and Ghana was considered by the British Government to be placing such burdens on immigration officials at the ports of entry that it was felt necessary to alter the immigration rules; people coming from those two countries now have to be in possession of visas before they arrive in the United Kingdom.

The presence of a significant number of Africans in England today is nothing new. There were at least 10,000 here in the late eighteenth century and possibly as many as 30,000, at a time when the total population of the country was only about a sixth of what it is today. West African slaves were brought to England from the 1570s onward. Most of them were used as household servants, often by the aristocracy, and some were employed as court entertainers. Indeed, at the beginning of the sixteenth century Henry VII had a black trumpeter (of uncertain origin) in his retinue. Much earlier, Africans served as soldiers in the Roman legions which occupied Britain during the first four centuries A.D.
The evolution of medical malpractice law in South Africa
Authors: van Dokkum Neil
Published: July 2009

It is matter for debate whether there has been an evolution of medical malpractice law in South Africa, as the term implies progressive change and many would argue that South African law in this regard has changed very little over a long time. There have been changes in medical law, such as the development of the doctrine of informed consent, where there has been a shift from an overtly paternalistic approach in terms of which the patient was expected to make a choice based on the information (if any) that the doctor chose to reveal, to the current position that the patient is an autonomous subject and therefore is entitled to be fully informed and, on the basis of that information, to make the final choice regarding treatment.
The Promotion of Economic and Political Rights: Two African Approaches
Authors: McChesney Allan
Published: July 2009

In many states, more developed or less developed, the general populace does not seek redress through the court system, does not have access to legal interpretation of constitutional provisions, and is little affected by juridical decisions concerning human rights, To the majority in the Third World, dispute resolution through customary law may be of more relevance, and what matters most to the average person is how she or he is affected by the planning and daily practice of government and other bureaucratic institutions. This paper will review some aspects of political and economic development in Tanzania and Kenya since their attainment of independence from Britain, and will attempt to relate their experience to international agreements for the promotion of human rights.
The Question of Accountability in the Customary Law of Pledge
Authors: Olawoye C. O.
Published: July 2009

The judgment of the Supreme Court in Okoiko v. Esedalue brings into prominence once again the question of accountability in the customary law relating to pledge of land. In that case Elias, C.J.N., made the following propositions which call for comment: (1) A pledgee who engages in commercial exploitation of pledged land is liable to account for his use of pledged land.
The Work of the Legal Resources Centre in South Africa in the Area of Human Rights Promotion and Protection
Authors: Mgoqi Wallace
Published: July 2009

The Legal Resources Centre (LRC) is a non-profit-making law centre. Its aims are to encourage belief in the value of law as an instrument of justice and to give practical effect to this goal by providing legal and educational services in the public interest. It is controlled and funded by the Legal Resources Trust (LRT) which is a South African charitable and educational trust registered under the Fundraising Act. It is supported by development agencies, corporations, charitable foundations and concerned individuals. The trustees include judges, senior advocates and attorneys. For the fiscal year April 1990 to March 1991 the trustees of the LRT approved a budget of R8.5 million for the work of the LRC's offices.

The LRC was established after nation-wide consultations on the desirability of a legal resources centre produced positive feedback from a wide range of constituencies, and it became operational at the beginning of 1979. It seeks to fulfil the following purposes:

(a) To provide legal representation for litigants in any court of law, tribunal or body before whom a party may be represented by counsel or attorney.

(b) To conduct a programme in legal education and conduct seminars of educational value.

(c) To engage in research in legal areas including all matters relevant to the effective administration of justice.

(d) To publish the results of any research undertaken by it, and any material relevant to its objects.
The Path to Constitutional Democracy in South Africa: An Update
Authors: Carpenter Gretchen , Bewkes Margaret
Published: July 2009

Before President F. W. de Klerk's epoch-making address on 2 February, 1990, anyone who predicted that within less than two years virtually all the major political parties and groupings in South Africa would be sitting around a conference table negotiating a new constitution, would have been dismissed as naive at best. Even more amazing is the substantial degree of consensus which has been achieved in what is a relatively short time, given the long history of conflict which preceded the dawning of the “new” South Africa.

The focus of the negotiations is the Convention for a Democratic South Africa (commonly referred to by the acronym Codesa). A wide spectrum of political opinion is represented here (a total of 19 different organizations at the last count), although organizations and parties on both the extreme right, and the extreme left, have refused to participate. While the government, the National Party and the African National Congress (ANC) may be seen as the main players, the role played by even the most minor participants cannot be discounted, because of the emphasis that is placed on consensus by most of the parties involved.
Land rights for marginalized ethnic groups in Botswana, with special reference to the Basarwa
Authors: Ng'ong'ola Clement
Published: July 2009

Although, as the name of the country suggests, Botswana is populated mainly by Tswana-speaking peoples, it is acknowledged that the most indigenous or aboriginal inhabitants of the country are the San or Basarwa, identified and described in some of the literature as Bushmen. Basarwa also have the less admirable distinction of being perceived and depicted as the most marginalized of all the ethnic groups in the country. Concern about the status, and the political and economic position of Basarwa in Botswana has been expressed in numerous reports and writings, official and unofficial, and at various conferences, seminars and gatherings, national or international.
Controlling Theft in the Public Service: Penal Law and Judicial Responses in Malawi
Authors: Ng'ong'ola Clement
Published: July 2009

The period covering the first seven years of Malawi's independence (1964–1971) stands out as one of the most controversial in the country's postcolonial legislative history. It was during this period, for example, that the local or “Native” Courts of the colonial era were transformed into the now controversial Traditional Courts and given an existence separate from and independent of the High Court, as well as extensive criminal jurisdiction encompassing offences like murder and manslaughter and, subsequently, treason and sedition which were hitherto the preserve of the High Court. At the same time, the participation of lawyers in traditional court processes and the right of legal representation were curtailed under the pretext of ensuring that the course of justice would not be subverted by the frequent invocation of “technicalities” which lawyers are wont to invoke because of the alien and esoteric nature of their training. This paper is not concerned with the “law” of the Traditional Courts in Malawi which, elsewhere, continues to excite appropriate scholarly interest, but with another equally controversial law of the same period whose formulation was buttressed by similar antipathy towards the legal profession. This law introduced a special and rigorous regime for the prosecution and punishment of thefts in the public service.
Studies in the Making of Colonial Laws: An Introduction
Authors: Read James S.
Published: July 2009

This Special Number of the Journal contains four articles concerned essentially with analysing the process of colonial law-making in the form of legislation dealing with certain key subjects. The four studies examine varied topics, touching on most of the former British dependencies in Africa north of the Zambesi, but they have in common a reliance on the official archives as a source in which the “secret” history of certain important enactments can be traced. The first two articles are directly related in content: Zabel and Morris examine the remarkable history of the marriage legislation in African dependencies—a notable example of attempted uniformity in colonial acts which led, however, to often protracted exchanges with local officials who anticipated special problems if the standard form of model legislation was applied in their territories. Those exchanges are distanced from us today not merely by time—for they commenced almost a century ago and were almost over by the time of the First World War—but also by their apparent unreality, even irrelevance, when viewed with the benefit of hindsight; for now we can perceive that the marriage laws in question have had little formative impact upon the direction or character of social change in Africa and, in particular, there appear to have been few obvious consequences flowing from the subtle variations in the statutes adopted as a result of the arguments which arose between the officials and which were often forcefully conducted, with forecasts of dire consequences if one or another provision was included or omitted.
The Law and Practice Relating to the Adoption of Children in Tanzania
Authors: Rwezaura Barthazar A. , Wanitzek Ulrike
Published: July 2009

The law relating to the adoption of children in Tanzania has, since its inception, remained obscure. It has neither received judicial interpretation comparable to other branches of family law nor has it been a subject of academic discourse. This is so despite the fact that the first adoption legislation was introduced in colonial Tanganyika as early as 1942, was repealed and re-enacted in 1953 and has remained in force ever since.

Some statistical information regarding how this legislation has been utilised by the population would assist in further elaboration of the above contention. During the first 18 years of the operation of the Ordinance, i.e. from 1944 to the end of the British colonial era in 1961, the High Court of Tanganyika, which under the Ordinance had exclusive jurisdiction to hear adoption applications, made a total of 130 adoption orders. This works out to an average of seven adoption orders per year. With regard to the cultural background of the applicants, so far as this could be ascertained, Europeans formed the majority accounting for about two thirds while members of the Asiatic communities accounted for about one third of the total number of adoption orders granted by the High Court. The number of African applicants was comparatively insignificant.

After independence, the picture changed considerably, both in terms of volume of adoption applications and the cultural background of the leading applicants.
A Requiem for Provocation?
Authors: Isedonmwen E. O.
Published: July 2009

Provocation is dead! It died at the Supreme Court of Nigeria. The funeral oration was read by Kazeem J.S.C., while the funeral dirge was chorused by four other judges of the same court. The case was Ganiyu Olatokunbo Oladiran v. State The facts of the case were as follows. The appellant was a secretary of Design Group Ltd., a firm of chartered architects based in Ibadan. His marriage with the deceased came to be as a result of a pregnancy presented to him by the deceased. Their matrimonial history was one of intermittent quarrels, accusations and counter-accusations of infidelity against the appellant and insubordination against the deceased. The deceased had always accused the appellant of showing interest in their maid, a girl of about 13 or 14 years of age. The appellant had on the other hand accused the deceased of smoking cigarettes which he disliked.

The climax to their matrimonial squabble came, to a head on the 21 September, 1982. On that day, there was as usual a quarrel between the appellant and the deceased. There was an abortive attempt at settlement by the deceased's parents. Later that day the deceased refused to cook for the appellant and told him to ask his “second wife” (the house-maid) to cook for him. She also abused him. Thereafter the appellant got a knife and stabbed the deceased to death. The appellant subsequently made an abortive attempt at committing suicide.
Some Aspects of the Nigerian Company and Allied Matters Decree, 1990 as they Affect Investors
Authors: Ekwere Francis N.
Published: July 2009

This article examines some aspects of the Company and Allied Matters Decree, 1990 with a view to showing how they affect business operations and business people. It seeks to show what positive reforms have been introduced by the Decree, in a bid to encourage business operations in Nigeria. In doing that the article will look at the formalities for the incorporation of business concerns (especially companies) and also some of the substantive rules which govern the operation of such companies.
Competence and Child Witnesses under Nigerian Law
Authors: Adekunle Adedeji
Published: July 2009

The aspects of child evidence addressed by this article relate first to the age of competence, that is, in what circumstances a court should apply the provisions of sections 154(1) and 182(1) of the Evidence Act to a witness; and secondly, what consequences attach to a wrongful application, or non-application, of these provisions in any proceedings before a court.
Real Property Security Interests in Nigeria: Constraints of the Land Use Act
Authors: Nwabuzor Emmanuel O.
Published: July 2009

The modern idea of secured transactions is based on the notion of economic efficiency, which implies the minimization of transaction costs while ensuring optimal returns. The efficiency theory posits that unclear definitions and unprotected allocation of property rights inhibit the production of wealth, because they raise the transaction costs of land and impede exchange. The more precisely property rights are stated and assigned, the lower the cost of establishing ownership, and the extent of one's interest in any given piece of land.1 Proceeding from the efficiency theory, contemporary commercial practice is not willing to accommodate the ancient, unnecessarily complicated system of conveyancing, which makes the taking of security in real property expensive. Thus, an efficient regime of secured transactions should be simple, fast, cheap and predictable.
The Legal Procedures and Techniques of Economic Co-Operation
Authors: Sundström G. O. Z.
Published: July 2009

The student of international organizations will always find a fruitful field of inquiry in the African continent if only because of the great number of international organizations of different types existing there. I would, however, also suggest that in part, at least, for reasons of a more urgent need for co-operation now manifesting itself on that continent, new departures in international co-operation techniques might be developed. A number of specifically African factors contribute to this notion. Among those that were pointed to at the Uppsala conference is the African concept of sovereignty with roots in the traditional African political system and its application to the formation of international ventures.
L'Organisation Pour la Mise en Valeur du Fleuve Sénégal
Authors: Amar M. Ould
Published: July 2009

Les Chefs d'État et de Gouvernement de la République du Mali, de la République Islamique de Mauritainie et de la République du Sénégal réunis á Nouakchott les 10 et 11 mars 1972, après avoir constaté que l'OERS ne répondait plus aux objectifs pour lesquels elle avait été créé, ont décidé de renoncer définitivement à leur qualité de membre de l'OERS. Dès lors, cette Organisation a cessé d'exister.
L'Organisation Commune Africaine, Malgache et Mauricienne
Authors: Tall A. B.
Published: July 2009

Dans le présent rapport souhaité bref, il ne sera donné qu'un aperçu sur l'historique, les structures, les objectifs, les réalisations et les relations de l'Organisation Commune Africaine, Malgache et Mauricienne.
L'Union Douanière et Économique de L'Afrique Centrale
Authors: Tchanque P.
Published: July 2009

Le Traité de Brazzaville du 8 décembre 1964 institue l'Union Douaniére et Économique de l'Afrique Centrale (UDEAC).
The East African Community
Authors: Sebalu Paulo
Published: July 2009

It is claimed by many students of economic organizations that the East African Community is unique in the whole world and is one of the most integrated and most advanced of regional organizations for economic and political co-operation. This may well be so if it is compared with thoseorganizations which have sprung up during recent decades in an effort to stem military conflicts. To the many generations of East Africans who have grown up with the idea of co-operation through common services of railways, posts and telegraphs, airways, currency, customs and numerous others, this is not unique. In fact, considering the long period over which the States have been co-operating, the people had expected much more in 1967 than a mere “common market”—they wanted, and still want, a federation, at the least.
Privatizing scarcity: civil liability and health care in Tanzania
Authors: Harrington John A.
Published: July 2009

There has been no significant consideration of the civil liability of doctors under Tanzanian law, either in the decisions of the courts of that country or in legal scholarship. The most obvious explanation for this has been the infrequency with which issues of medical malpractice have been litigated. Society and politics in Tanzania have changed greatly over the past ten years, however, and there is some reason to expect that the volume of litigation will increase. This article sets out to explore the significance of such a “legalization” of therapeutic relationships for professionals, patients, the health care system as a whole and wider Tanzanian society. In order to establish the effects of growing legal intervention it is necessary to consider in some detail the applicable rules of liability. As awareness of the possibility of litigation grows, these rules will increasingly form part of the fabric of therapeutic relationships. The following discussion will, therefore, seek to identify these legal principles on the basis of reported Tanzanian cases and precedents from other common law jurisdictions. Three grounds of action will be considered in particular: medical negligence; failure to obtain the patient's consent to treatment; and disclosure of confidential information acquired by the doctor. The latter two types of action have come up for consideration in the context of discrimination against people infected with HIV. They will therefore be discussed here with reference to the special circumstances of the AIDS epidemic.
Presidential removal: unzipping the constitutional provisions
Authors: Hatchard John
Published: July 2009

Impeachment proceedings are a rarity in the African context. This is not surprising given the history of executive dictatorships, all-powerful one-party states and a subservient media. With the dramatic change in the constitutional landscape of the 1990s, attention should be focused on the adequacy of the presidential removal provisions in African constitutions. This article therefore undertakes a critical review of the relevant provisions in anglophonic African states. It argues that they are unsatisfactory in several respects and calls for them to be thoroughly revised.
Land Reform and Customary Rights: The Case of Uganda
Authors: Coldham Simon
Published: July 2009

This article examines the Ugandan Land Act, 1998, which seeks to transform land relations throughout the country both by settling once and for all the vexed question as to the relative rights of “owners” and “tenants” of mailo land, and by providing procedures whereby persons may apply either for certificates of customary ownership or for freehold titles to their land. While the Act recognizes that in some areas it may be more appropriate for land to be held communally, it is the long-term aim that most land should be held on individual freehold title. However, the negotiability of such a title is undermined by a variety of provisions designed to protect customary rights.
Legitimacy in Nigerian Law
Authors: Nwogugu E. I.
Published: July 2009

Legitimacy constitutes an important aspect of Nigerian law. It has the strongest link with the allied question of succession. Most disputes as to legitimacy arise in relation to the right to succeed to property either testate or intestate. Consequently, although this paper does not deal with the detailed rules of succession we shall make several references to those rules.
Murder and Manslaughter in Malawi's Traditional Courts
Authors: Brietzke Paul
Published: July 2009

In 1969, Malawi accorded extensive criminal jurisdiction to its Local or Traditional Courts, in an attempt to make the administration of justice more palatable to the Government and the people. There has been a sufficient number of Traditional Court decisions to permit a tentative analysis of the results of this experiment. A deeper study awaits the passage of time. This article is an attempt to inject some objective evidence into the debate over the desirability of courts in which lay judges apply customary law.
Re-Defining International Law from the Point of View of Decolonisation and Development and African Regionalism
Authors: Ginther Konrad
Published: July 2009

The scarcity of resources and time limit the scope of ideas and the framework of deliberations in all human activities. Thus time and resources equally place limits upon any attempt to theorise and conceptualise, whether in science or in teaching. This limitation bears equally upon the choices of method and substance. Thus in the study of international law today the question is posed, what are the priorities with regard to basic questions and to their systematic presentation on the one hand, and then how to proceed (of necessity selectively) for the purposes of teaching on the other?

Contemporary legal education consists in what has been called “modern, rational, legal university education”. As a result of the rational-systematic transfer of legal ideas and techniques, the legal mind so formed can release itself from the concern with everyday needs of those who are the “consumers” of law, which Max Weber has described as follows:

“The rational-systematic pattern of legal thought may induce the legal mind to dissociate itself largely from the everyday needs of those who are most affected by the law, and so does a lack of its concrete substantiation. The power of the unleashed dictates of pure logic in legal theory and a legal practice dominated by it can to a large extent eliminate considerations of practical needs as the driving force for the formation of law.”
Jurisdiction in customary law matters in Nigeria: a critical examination
Authors: Obilade Akintunde
Published: July 2009

Since the British established the first statutory native courts in Nigeria, attempts have been made to reserve for such courts original civil jurisdiction in customary law matters which were considered to be within the peculiar knowledge of traditional authorities, who, consistently with the indirect rule system, normally manned the tribunals. The first legislative measure reserving original civil jurisdiction for the statutory native courts was the Protectorate Courts Ordinance, 1933 which established a High Court for that part of the Colony and Protectorate of Nigeria known as the Protectorate, and provided that the High Court was not to exercise original jurisdiction in cases raising any issue as to title to, or interest in, land and which were subject to the jurisdiction of a native court, except where the Governor in Council directed otherwise or where the case was transferred from a native court under the provisions of the Native Courts Ordinance, 1933. Thus matters involving land tenure with respect to which native courts had jurisdiction were regarded as. customary law matters which could best be dealt with by traditional courts or courts having a traditional setting.
Le juge, la famille et le village: quelques exemples de droit coutumier en République populaire du Congo
Authors: Lebigre Arlette
Published: July 2009

Il existe à l’heure actuelle des différences considérables dans notre connaissance du droit africain et spécialement dans celle du droit privé. Si le droit public des états d’Afrique est d’un accès aisé et fait ou a fait l’objet de travaux en nombre déjà important, par contre le droit privé—en particulier le droit coutumier—nous est très inégalement connu. A cela plusieurs raisons qu’il semble inutile d’évoquer ici, sinon pour déplorer le peu d’intérêt que la période coloniale a manifesté pour ces recherches, du moins dans les pays faisant jadis partie de l’empire français. Le France a sûrement été, parmi les ex-puissances colonisatrices, une de celles qui ont le moins participé à l’étude de ce droit coutumier dont l’importance et la valeur scientifique ne sont pourtant pas à démontrer. Le présent article n’a d’autre ambition que d’apporter une très modeste, très partielle contribution aux recherches qui heureusement, depuis quelques années, prouvent une modification radicale des esprits en ce domaine et témoignent de l’attrait nouveau exercé sur les juristes français par le droit traditionnel africain. L’historien du droit qui a la chance de se trouver en présence d’un droit coutumier vivant, au lieu de l’étudier momifié dans les recueils du passé, ne peut laisser échapper cette occasion, même si, comme c’est le cas de l’auteur de cet article, il est tout à fait conscient de n’apporter qu’une minuscule pierre à l’édifice qui se construit.
Le Droit de la Responsabilité Civile Extracontractuelle en Afrique Noire Francophone L’Exemple de la Législation Sénégalaise Comparée aux Systèmes Français et Malgache
Authors: Bourel Pierre
Published: July 2009

(I) Si les États de l’ex-Afrique française ont fait preuve depuis leur indépendance d’une intense activité législative dans le domaine du statut personnel, ils ont été beaucoup plus réservés en ce qui concerne le droit des obligations et singulièrement celui de la responsabilité civile extra-contractuelle. À notre connaissance, en effet, seuls deux pays ont jusqu’ici pris l’initiative d’élaborer en cette matière une législation nouvelle. Il s’agit de Madagascar, d’une part, du Sénégal, d’autre part, qui, à peu près à la même époque, ont promulgué un Code des obligations.
Defamation in East Africa
Authors: Hodgin R. W.
Published: July 2009

The purpose of this article is to review the application of the English law of defamation in the East African countries (Uganda, Kenya, Tanzania) and to assess the possible contribution of the Kenya Defamation Act, 1970.
Freedom of Religion Under the Sudan Constitution and Laws
Authors: Tier Akolda M.
Published: July 2009

The right to freedom of religion and belief is closely linked with the rights to free expression of opinion, to peaceable assembly and freedom of association. In particular, they share the common purpose of assuring to an individual freedom of choice. Moreover, to be effective, each normally requires the use of one or other of the means of dissemination of knowledge and information, which include newspapers, books, pamphlets, petitions, posters, radio, television and motion pictures. Likewise, to be effective, the rights to freedom of religion and free expression of opinion must be linked to freedom of association in the sense of the right to form and to join organisations for the advancement of particular views and interests. This is particularly true of cities and other densely populated areas. Indeed, the essential similarity between these rights was reflected in their embodiment in a single article in earlier Sudan constitutions. A consequence of these similarities is that the denial or infringement of any one of them has further ramifications on the other rights apparently left intact. Accordingly, the present study, while focusing on freedom of religion, will make brief excursions into the related rights of free expression of opinion, assembly and association. Before considering problems raised by freedom of religion, reference must first be made to its necessity.
Remote sensing, geographical information system and spatial analysis for schistosomiasis epidemiology and ecology in Africa
Authors: Simoonga C. , Utzinger J. , Brooker S. , Vounatsou P. , Appleton C. C. , Stensgaard A. S. , Olsen A. , Kristensen T. K.
Published: July 2009

Beginning in 1970, the potential of remote sensing (RS) techniques, coupled with geographical information systems (GIS), to improve our understanding of the epidemiology and control of schistosomiasis in Africa, has steadily grown. In our current review, working definitions of RS, GIS and spatial analysis are given, and applications made to date with RS and GIS for the epidemiology and ecology of schistosomiasis in Africa are summarised. Progress has been made in mapping the prevalence of infection in humans and the distribution of intermediate host snails. More recently, Bayesian geostatistical modelling approaches have been utilized for predicting the prevalence and intensity of infection at different scales. However, a number of challenges remain; hence new research is needed to overcome these limitations. First, greater spatial and temporal resolution seems important to improve risk mapping and understanding of transmission dynamics at the local scale. Second, more realistic risk profiling can be achieved by taking into account information on people's socio-economic status; furthermore, future efforts should incorporate data on domestic access to clean water and adequate sanitation, as well as behavioural and educational issues. Third, high-quality data on intermediate host snail distribution should facilitate validation of infection risk maps and modelling transmission dynamics. Finally, more emphasis should be placed on risk mapping and prediction of multiple species parasitic infections in an effort to integrate disease risk mapping and to enhance the cost-effectiveness of their control.
Habitat fragmentation and haemoparasites in the common fruit bat,Artibeus jamaicensis(Phyllostomidae) in a tropical lowland forest in Panamá
Authors: COTTONTAIL V. M. , WELLINGHAUSEN N. , KALKO E. K. V.
Published: July 2009

Anthropogenic influence on ecosystems, such as habitat fragmentation, impacts species diversity and interactions. There is growing evidence that degradation of habitats favours disease and hence affects ecosystem health. The prevalence of haemoparasites in the Common Fruit Bat (Artibeus jamaicensis) in a tropical lowland forest in Panamá was studied. We assessed the relation of haemoparasite to the general condition of the animals and tested for possible association of haemoparasite prevalence to habitat fragmentation, with special focus on trypanosomes. Overall, a total of 250A. jamaicensissampled from fragmented sites, here man-made, forested islands in Lake Gatùn, and sites in the adjacent, continuous forest in and around the Barro Colorado Nature Monument were examined. Using microscopy and DNA-sequencing 2 dominant types of haemoparasite infections, trypanosomes andLitomosoides(Nematoda) were identified. Trypanosome prevalence was significantly higher in bats from forest fragments, than in bats captured in continuous forest. We attribute this to the loss of species richness in forest fragments and specific characteristics of the fragments favouring trypanosome transmission, in particular changes in vegetation cover. Interestingly, the effect of habitat fragmentation on the prevalence of trypanosomes as multi-host parasites could not be observed inLitomosoideswhich probably has a higher host specificity and might be affected less by overall diversity loss.
The metazoan parasite communities of the Argentinean sandperch Pseudopercis semifasciata (Pisces: Perciformes) and their use to elucidate the stock structure of the host
Authors: TIMI J. T. , LANFRANCHI A. L.
Published: July 2009

The use of parasites as biological tags allowed the identification of 3 stocks of Argentinean sandperch, Pseudopercis semifasciata (Cuvier), in the Argentine Sea. A total of 100 specimens caught in 3 zones: Villa Gesell (37°15′S, 57°23′W; n=20), Miramar (38°03′S, 57°30′W–38°44′S, 58°44′W; n=30) and Península Valdes (42°00′–42°45′S; n=50), were examined and 28 parasite species were found, 15 of them being new host records. Both univariate and multivariate analyses identified discrete stocks in each zone. The observed differences were not related to the host size or sex. Each locality was characterized by its own indicator species. Villa Gesell was typified by unidentified cestode plerocercoids, Corynosoma cetaceum and Hysterothylacium sp., Miramar by Heterosentis sp. and Pseudoterranova sp. and Península Valdes by A. simplex s.l. Fishes from both northern localities shared gnathiid pranizae, Corynosoma australe and Grillotia sp. as indicators, whereas Miramar and Península Valdes shared only Trifur tortuosus. The most distant localities showed no indicator species in common. Discriminant analyses of parasite assemblages agreed with populational comparisons in identifying the same set of biological tags, whereas some differences in the identity of indicator species were obtained by similarity analysis. However, the 3 approaches were congruent in identifying Grillotia sp., C. australe and C. cetaceum as indicators of northern localities, and A. simplex s.l. as related to Patagonian waters. Differences among zones could be enhanced by the sedentary habits, limited dispersal and high site fidelity of P. semifasciata, and their spawning in rocky outcrops, which are isolated environments.
The carboxy-terminus of merozoite surface protein 1: structure, specific antibodies and immunity to malaria
Authors: HOLDER A. A.
Published: July 2009

Over the last 30 years, evidence has been gathered suggesting that merozoite surface protein 1 (MSP1) is a target of protective immunity against malaria. In a variety of experimental approaches usingin vitromethodology, animal models and sero-epidemiological techniques, the importance of antibody against MSP1 has been established but we are still finding out what are the mechanisms involved. Now that clinical trials of MSP1 vaccines are underway and the early results have been disappointing, it is increasingly clear that we need to know more about the mechanisms of immunity, because a better understanding will highlight the limitations of our current assays and identify the improvements required. Understanding the structure of MSP1 will help us design and engineer better antigens that are more effective than the first generation of vaccine candidates. This review is focused on the carboxy-terminus of MSP1.
Scars in depression: is a conceptual shift necessary to solve the puzzle?
Authors: Wichers M. , Geschwind N. , van Os J. , Peeters F.
Published: July 2009

Although clinical findings suggest that in the aftermath of depression a process of ‘scarring’ may ensue, research examining the issue of ‘scars’ (including biological, psychological and cognitive changes) has remained largely inconclusive. This paper proposes a new approach to the concept of ‘scars’ that is (i) based on a dimensional view of depression, (ii) uses methods that take into account the dynamic interplay between the person and his context, (iii) differentiates between scars following depression and scars following the factor that actually caused the depression such as stress and (iv) introduces a dynamic view of the concept of ‘scars’ in that it hypothesizes that scars can wax and wane. This approach may stimulate the discovery of new entries in the puzzle underlying the ontogenesis of vulnerability and resilience. Furthermore, it may provide insights that help to develop new therapies for depression.
Neural plasticity in response to attention training in anxiety
Authors: Eldar S. , Bar-Haim Y.
Published: July 2009

Background

Behavioral studies show that attention training can alter threat bias, influence vulnerability to stress and reduce clinical anxiety symptoms. The aim of this study was to examine which cognitive functions of attention processing are modulated by attention training, and howa priorianxiety interacts with the attention training procedure. Specifically, we expected modulation in the P1/N1 event-related potential (ERP) complex if early spatial attention was to be affected by training and modulation in later ERP components (P2, N2, P3) had training affected top-down attentional processes.

Method

Thirty anxious and 30 non-anxious adults performed a modified probe detection task. Electroencephalograms (EEGs) were recorded throughout for later ERP analyses. Half the participants in each anxiety group were randomly assigned to undergo a training procedure designed to divert their attention away from threat and the other half received placebo training.

Results

Anxious participants who were trained to avoid threat showed a linear reduction in response time (RT) to targets replacing neutral faces with the progression of training. This change in RT was not observed among non-anxious participants or among anxious participants who were exposed to placebo training. Following training, the anxious participants who were trained to avoid threat showed a reduction in P2 and P3 mean amplitudes and an enhancement in N2 mean amplitude.

Conclusions

Attention training affects anxious participants whereas non-anxious participants seem not to respond to it. The ERP data suggest that attention training modulates top-down processes of attention control rather than processes of early attention orienting.
OUT OF PLACE IN THE 20TH CENTURY: THOUGHTS ON ARVO PÄRT'S TINTINNABULI STYLE
Authors: Skipp Benjamin
Published: July 2009

Of all recent art music styles, few have relied upon technological developments for their composition, performance and recording to the same degree as minimalism. In both the output of the principal composers of the more recent minimalist canon (namely in the objet trouvé works of Reich and Adams, the film scores by Glass and Nyman as well as through the reliance on electronic amplification common to them all) and in the counter-cultural movements characterized by music whose content is absolutely dependent on electronic media, repetitive styles have been transformed. The sophistication of these procedures has naturally resulted in a diminished sense of human labour within the compositional process and, at times, the total loss of a composer's authorial voice. The tintinnabuli music of Arvo Pärt stands out against the general tendency of such repetitive-based composers to harness the latest technology, to the extent that some commentators have baulked at the term ‘minimalist’ as an appropriate category. Robert Schwarz, for example, believes ‘neo-medievalist’ to capture something of Pärt's particular adoption of a supposedly pre-modern, non-technological attitude, while Josiah Fisk opts for the ‘new simplicity’ to describe (negatively) Pärt's monochromaticsm.
THE TILING SEMIGROUPS OF ONE-DIMENSIONAL PERIODIC TILINGS
Authors: DOMBI E. R. , GILBERT N. D.
Published: July 2009

A one-dimensional tiling is a bi-infinite string on a finite alphabet, and its tiling semigroup is an inverse semigroup whose elements are marked finite substrings of the tiling. We characterize the structure of these semigroups in the periodic case, in which the tiling is obtained by repetition of a fixed primitive word.
Riesz bases of reproducing kernels in Fock-type spaces
Authors: Borichev Alexander , Lyubarskii Yurii
Published: July 2009

In a scale of Fock spaces $\mathcal{F}_\varphi$ with radial weights ϕ we study the existence of Riesz bases of (normalized) reproducing kernels. We prove that these spaces possess such bases if and only if ϕ(x) grows at most like (log x)2.
Three‐dimensional modeling of tide‐induced suspended transport of seabed multicomponent sediments in the eastern English Channel
Authors: Guillou Nicolas , Chapalain Georges , Thais Laurent
Published: July 2009

A three‐dimensional primitive numerical model is developed to simulate the circulation and resuspension of noncohesive sediments in the eastern English Channel. The present model is based on Coupled Hydrodynamical‐Ecological Model for Regional and Shelf Seas (COHERENS) adapted for computing advection‐diffusion of suspended multicomponent sediments. A statistical approach is first applied to interpolate spatial sampled grain size distributions with 11 classes at the computational grid nodes. These data then provide the availability of each class of sediment to be suspended. Finally, they are used to compute different bottom roughness parameters. Time histories of mean current and turbulent variables predicted by the model are compared with field data collected in two shallow sites off Hardelot and Merlimont beaches, in the south of Boulogne‐sur‐Mer (Dover Strait). Comparison of predicted and measured time histories of total suspended sediment concentration (SSC) is conducted at the Hardelot site. The model is used to quantify the respective contributions of SSC of the three grain size classes to resuspension processes. The spatiotemporal evolutions of the different classes in the surrounding area show local and advection‐dispersion controlled remote suspension, both dependent on spatial changes in bathymetry, sediment composition, and coastline geometry.