Loyola University Chicago

Rule of Law for Development Institute

School of Law

Volume 4

“Examining International Development & the Emerging Discontents: Perspectives from the Past, the Present and the Practitioners” 

Editorial Note

The Fourth Edition of the PROLAW Student Journal is dedicated to global efforts to curtail corruption, improve internet privacy and security, promote shared, inclusive, equitable development, and the rule of law. This edition attracted contributions from practitioners and academics from two continents and highlights the evolving socio-economic and political challenges in development and governance.

The Editorial Board is therefore proud to present the 4th edition of the PROLAW Journal, under the theme “Examining International Development & the Emerging Discontents: Perspectives from the Past, the Present and the Practitioners” which consists of eight articles covering varying right based and worldwide governance and development issues.

The Board extends its profound gratitude to all those who submitted their essays, manuscripts, and articles for publication.  

Table of Contents

  • Online privacy and the limitations placed on relatives’ access to information of a deceased person in terms of South African Law
    Author: Jesca Genius Machokoto
    Excerpt: The first issue focuses on online privacy and the limitations placed on a deceased individual’s relatives’ access to their information. It defines ‘privacy’ as ‘an individual condition of life characterized by exclusion from the public and publicity. The privacy concerns highlighted in this article borders on personal information that can be acquired from a computer and which is maintained by a public or private body. The question for consideration is, whether information that is held by a private or public body is private or public for all purposes and without limitation on its access, or whether some of the rules with respect to fair information practises continue to apply? 
  • Reinstating traditional values and cultures as pillars of a people centered development in Africa
    Author: Dr. Albert K. Barume
    Excerpt: The second issue advances the argument that Africa is rebooting its legal, policy and institutional frameworks with a view to re-instate traditional values and traditions as one of the pillars on which the continent can base its development-leaving no one behind. It portrays efforts   that are underway at both regional and national levels, underscoring the African Commission on Human and Peoples’ Rights’ work on indigenous peoples as an illustration of such efforts by the Continent to put peoples and communities at the center of its rights-based development.
  • Securing US-EU personal data flows: A critical outlook on the recent agreements
    Author:  Giovanna Santori
    Excerpt: The third issue accentuates emerging concerns about security of data exchanges in the modern digital era, owing to the relentless growth of the internet as a tool for worldwide commercial interactions, given the enormous amount of personal information disseminated via the internet. It underscores the need for the adoption of a common standard in order to ensure privacy.  It argues that the difference of approach in the privacy policies of the EU and US underpinned by the conflicting regulations regarding the handling of cross-border data flows, could Jeopardize privacy. It analyzes the difference between the two systems, given a recently signed agreement which follows the European Court of Justice invalidation of the popular “Safe Harbor Agreement”.
  • Governance in the Nigerian extractive industries: From a human development perspective
    Author:  Jesumiseun Oluwakemi Adewumi
    Excerpt: The fourth issue evaluates governance in the extractive industries and highlights the governance principles that are essential for proper management of the extractive industries. It  also investigates the reason why, despite enormous resources in most developing countries, such wealth is yet to translate into meaningful social and human development. The issue notes that 3.5 billion people live in resource-rich countries. Still, many are not seeing results from the extraction of their natural resources and too often poor governance leaves citizens suffering from conflict and corruption.
  • The Right to development under the Constitution of the Federal Democratic Republic of Ethiopia: Some reflections
    Author: Zelalem Shiferaw
    Excerpt: The fifth issue revisits a 1993 Vienna convention discourse regarding humanity’s inalienable right to development and juxtaposes it with reality in Ethiopia. This right has not translated into binding and enforceable rights and obligations. Using Ethiopia as a case study, its argues that although a constitutionally guaranteed right under Art.43 of the Constitution of the Federal Democratic Republic of Ethiopia (FDRE Constitution), what R2D entails and how it can be pursued, claimed or enforced, remains vague.
  • Applying Civil Law in an Effort to Eradicate Corruption in Egypt
    Author: Mohamed R. Abdelsalam
    Excerpt: The sixth issue, throws light on the fight against corruption in Egypt underscoring factors which are undercutting anti-corruption measures and thereby triggering systemic gaps traceable to overdependence on the criminal justice system. It advances the use of the civil law mechanism, as a viable option which enables the seeking of compensation from corrupt persons as a deterrence. It argues that the civil law mechanism is more effective and guarantees the involvement of other actors, especially the civil society and individual who otherwise, are only involved in the anti-corruption efforts in a limited way. 
  • Putting An Old Head On A Child’s Shoulders: A Critical Appraisal Of Child Marriages In Zimbabwe Through The Lens Of Mudzuru & Another V Minister Of Justice, Legal & Parliamentary Affairs N.O & Others
    Author: Nkosana Maphosa
    Excerpt: The seventh issue echoes the global increase in child marriages and analyzes changes inspired by a recent decision handed down by a Zimbabwean court outlawing marriage under the age of 18. Noting the court’s decision in the Mudzuru case as a significant step forward, it voices hope that the standard set be followed by implementation i.e., legislative enactment, revision or alignment and creation of mutually-beneficial partnerships among stakeholders to prevent child marriage before the age of eighteen (18) in Zimbabwe.
  • The Aid Effectiveness Agenda: Exploring The Concept Of Country Ownership
    Author: Nkosana Maphosa
    Excerpt: The eighth issue examines the principle of national or country ownership in light of the Paris Declaration on Aid Effectiveness of 2005 underscoring the five essential elements of aid effectiveness: national ownership, alignment, harmonization, managing for results, and mutual accountability. 

 



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