Papers by Oluwafemi Ojosu
The corporate personality principle, as is examined in this paper, was developed in the locus cla... more The corporate personality principle, as is examined in this paper, was developed in the locus classicuscase of Salomon v. Salomon. It posits that upon incorporation, a company becomes an entity separate and distinct from its members. This principle has played a very fundamental role in the development of company law as we know it today due to its consistent application by the courts albeit with certain tergiversations as is common with principles developed under the Common Law. Of recent however, its relevance to the modern business world has been questioned. Thus, creating within the legal community the quagmire; " is the Salomon Principle still relevant in today " s business world? " This paper examines the history of the Salomon Principle, its consequences, advantages and disadvantages for business, and the trend in its application with the conclusion that " YES " ; the doctrine of corporate personality as established in the case of Salomon v Salomon still retains its relevance in today " s business world.
Comprises of all 13 articles published in the Legal Aid Oyo Journal of Legal Issues, Vol.1, Issue... more Comprises of all 13 articles published in the Legal Aid Oyo Journal of Legal Issues, Vol.1, Issue 1. Contributions delved into areas of law such as criminal law principles, practice and procedures, constitutional law and analysis of presidential assented Bills [in Nigeria], health law, internet/technology law and corporate law.
This article examines the international law concept of recognition in light of the recent failure... more This article examines the international law concept of recognition in light of the recent failure of a bid by the State of Palestine; which has being in existence since 1988 and is recognised by some 135 states, for recognition under the aegis of the United Nations.
It sets out briefly, some of the general principles in international law in a bid to address the multiplicity of issues arising such as when does an entity become a State? Is recognition a prerequisite for statehood? What are the factors to be considered when recognising a state? Is there a criteria, amongst many other considerations given the recent spotlight trained on it by the above named incident.
It concludes by asserting that recognition by states is not conclusive proof of statehood given the lack of uniformity in state practice and recommends that a universal criteria clearly outlining the conditions for recognition be considered.
In international law, it is the primary duty of a state to safeguard the lives of its citizens fr... more In international law, it is the primary duty of a state to safeguard the lives of its citizens from mass atrocity and crimes. Consequently, where a state is unwilling or unable to carry out its primary responsibility, the international community with the authorization of the UN Security Council has a secondary duty to collectively intervene in the affairs of such state in order to protect its citizens. In other circumstances, states take it upon themselves to unilaterally intervene in the internal affairs of a challenged state, although this act of unilateral intervention is an act prohibited under Article 2.7 of the UN Charter and considered to be a violation of international law.
This research therefore examines the practice of humanitarian intervention under international law and its conflict with basic principles of international law. It further appraises the guiding framework for humanitarian intervention under international law today, its application and its impact on the sovereignty of states. It concludes that the current framework for intervention has failed to deal with the multifarious issues arising out of a proposed or actual humanitarian intervention in light of current international trends.
Thesis Chapters by Oluwafemi Ojosu
Under international humanitarian law, it is the primary duty of parties to an armed conflict to p... more Under international humanitarian law, it is the primary duty of parties to an armed conflict to provide for the basic needs of the civilian population resident in territory under their control. Where they are unable to fulfil this obligation and the right of humanitarian assistance has been exercised by humanitarian aid organisations, it is the duty of parties to the conflict to protect and to provide access to humanitarian aid workers delivering humanitarian aid to the civilian population in need within the conflict area during the armed conflict. However, in contemporary armed conflict as we see today, parties to armed conflicts rather than protect, have deliberately targeted humanitarian aid workers delivering humanitarian aid in violation of the provision of IHL to respect and protect humanitarian aid workers in armed conflict.
Further to this, this study examines the concept of humanitarian aid and the adequacy of the legal protections available to humanitarian aid workers delivering humanitarian aid to the civilian population in times of armed conflict with specific reference to the ongoing armed violence in north-eastern Nigeria.
This study adopts a doctrinal, library-based approach with research resource drawn from primary and secondary sources. The primary sources include national legislation, case law, international and regional treaties and legal instruments such as the UN Charter and the Geneva Conventions of 1949 and their additional protocols. The secondary sources include books, journals articles newspapers and the internet.
This study found in respect of the ongoing armed violence in north-eastern Nigeria, that it is a noninternational armed conflict which IHL applies to. This study further found that there is a trend of deliberate attacks by Boko Haram; a party to the ongoing armed conflict in north-eastern Nigeria; on humanitarian aid workers delivering humanitarian aid to the civilian population in the conflict zone.
This study concludes that the existing legal protections available to protect humanitarian aid workers against deliberate attacks in the ongoing armed conflict in north-eastern Nigeria are not adequate because the requisite national legislation to criminalise, prosecute and punish violations of these legal protections are lacking and where they apply as customary international law, the political will to enforce and ensure respect for them by the relevant actors is lacking thereby rendering them ineffective standards of protection
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Papers by Oluwafemi Ojosu
It sets out briefly, some of the general principles in international law in a bid to address the multiplicity of issues arising such as when does an entity become a State? Is recognition a prerequisite for statehood? What are the factors to be considered when recognising a state? Is there a criteria, amongst many other considerations given the recent spotlight trained on it by the above named incident.
It concludes by asserting that recognition by states is not conclusive proof of statehood given the lack of uniformity in state practice and recommends that a universal criteria clearly outlining the conditions for recognition be considered.
This research therefore examines the practice of humanitarian intervention under international law and its conflict with basic principles of international law. It further appraises the guiding framework for humanitarian intervention under international law today, its application and its impact on the sovereignty of states. It concludes that the current framework for intervention has failed to deal with the multifarious issues arising out of a proposed or actual humanitarian intervention in light of current international trends.
Thesis Chapters by Oluwafemi Ojosu
Further to this, this study examines the concept of humanitarian aid and the adequacy of the legal protections available to humanitarian aid workers delivering humanitarian aid to the civilian population in times of armed conflict with specific reference to the ongoing armed violence in north-eastern Nigeria.
This study adopts a doctrinal, library-based approach with research resource drawn from primary and secondary sources. The primary sources include national legislation, case law, international and regional treaties and legal instruments such as the UN Charter and the Geneva Conventions of 1949 and their additional protocols. The secondary sources include books, journals articles newspapers and the internet.
This study found in respect of the ongoing armed violence in north-eastern Nigeria, that it is a noninternational armed conflict which IHL applies to. This study further found that there is a trend of deliberate attacks by Boko Haram; a party to the ongoing armed conflict in north-eastern Nigeria; on humanitarian aid workers delivering humanitarian aid to the civilian population in the conflict zone.
This study concludes that the existing legal protections available to protect humanitarian aid workers against deliberate attacks in the ongoing armed conflict in north-eastern Nigeria are not adequate because the requisite national legislation to criminalise, prosecute and punish violations of these legal protections are lacking and where they apply as customary international law, the political will to enforce and ensure respect for them by the relevant actors is lacking thereby rendering them ineffective standards of protection
It sets out briefly, some of the general principles in international law in a bid to address the multiplicity of issues arising such as when does an entity become a State? Is recognition a prerequisite for statehood? What are the factors to be considered when recognising a state? Is there a criteria, amongst many other considerations given the recent spotlight trained on it by the above named incident.
It concludes by asserting that recognition by states is not conclusive proof of statehood given the lack of uniformity in state practice and recommends that a universal criteria clearly outlining the conditions for recognition be considered.
This research therefore examines the practice of humanitarian intervention under international law and its conflict with basic principles of international law. It further appraises the guiding framework for humanitarian intervention under international law today, its application and its impact on the sovereignty of states. It concludes that the current framework for intervention has failed to deal with the multifarious issues arising out of a proposed or actual humanitarian intervention in light of current international trends.
Further to this, this study examines the concept of humanitarian aid and the adequacy of the legal protections available to humanitarian aid workers delivering humanitarian aid to the civilian population in times of armed conflict with specific reference to the ongoing armed violence in north-eastern Nigeria.
This study adopts a doctrinal, library-based approach with research resource drawn from primary and secondary sources. The primary sources include national legislation, case law, international and regional treaties and legal instruments such as the UN Charter and the Geneva Conventions of 1949 and their additional protocols. The secondary sources include books, journals articles newspapers and the internet.
This study found in respect of the ongoing armed violence in north-eastern Nigeria, that it is a noninternational armed conflict which IHL applies to. This study further found that there is a trend of deliberate attacks by Boko Haram; a party to the ongoing armed conflict in north-eastern Nigeria; on humanitarian aid workers delivering humanitarian aid to the civilian population in the conflict zone.
This study concludes that the existing legal protections available to protect humanitarian aid workers against deliberate attacks in the ongoing armed conflict in north-eastern Nigeria are not adequate because the requisite national legislation to criminalise, prosecute and punish violations of these legal protections are lacking and where they apply as customary international law, the political will to enforce and ensure respect for them by the relevant actors is lacking thereby rendering them ineffective standards of protection