Lentera Hukum : A Journal of Global South Legal Studies

Public Interest Litigation in Nigeria and Locus Standi Debacle in Edun V. Governor of Delta State

David Tarh-Akong Eyongndi — 2024-12-31

This paper reviews Nigeria’s Court of Appeal decision in Edun v. Governor of Delta State where the court held that the appellant lacks locus standi to challenge the validity of the Pension Rights of the Governor and Deputy Governor of Delta State Law, 2008 because he has neither suffered injury nor shown sufficient interest over and above that of every Deltan. It uses legal functionalism theory through analytical methodology while relying on primary and secondary data in examining the development of locus standi in Nigeria and the impact of its restrictive application on justice delivery. Considering the need to respond to contemporary developments and further the course of justice, it argues for the liberalization of locus standi by Nigerian courts drawing from the practice in India, the United Kingdom, and South Africa. It argues that the liberalization of locus standi will encourage public interest litigation hence, the orthodox requirements of having “sufficient interest” and “suffering/likely to suffer injury” indicia have become otiose to justice and should lead to the discountenancing of the restrictive application. It examines the effect of the judgment on PIL and whether the decision of the Nigerian Supreme Court (NSC) in Centre for Pollution Watch v. NNPC and the Fundamental Rights (Enforcement Procedure) Rules 2009 could be a useful harbinger for liberalization of locus standi. It recommends an appeal of Edun’s Case to the Supreme Court and the upturning of the same as leeway to liberalizing locus standi in favor of public interest litigation

KEYWORDS: Common law, Justice, Locus Standi, Litigant, Injury, Nigeria.

Efficient Punishment for Insider Trader in Merger

Fajar Sugianto — 2024-12-31

Corporate crime is one of the crimes that arise with the advancement of economic, technological, and trade liberalization activities. The problems with handling non-conventional crimes are due to the difficulty in determining the victims and criminal prosecution of perpetrators. Corporate liability and imposing sanctions on corporate entities are still strongly influenced by the societas delinquere non potest principle. One of the capital market crimes that may occur as a corporate crime is insider trading, which can be defined as securities trading transactions conducted by insiders utilizing insider information that has not been published. Information on a merger, a form of corporate restructuring, is categorized as material facts. When insider trading occurs in the merger process, verifying it for punishment is complicated considering the legal vacuum to convict such a crime. While closely related to financial matters, the prosecution of corporations also intersects with purposes and functions that protect society and individual offenders. Economic analysis of the law can answer the legal vacuum and determine the important aspects of proper legal practice, so that a specific and appropriate punishment can be found for the offense, considering that not all penalties can be imposed on corporations.

KEYWORDS: Economic Analysis of Law, Punishment, Insider Trading, Merger.

Ensuring Rights to Use Safe Food of Consumers

Hiep Tran — 2024-12-31

The right to safe food is one of the most important fundamental rights of consumers. This is an issue directly related to human health and life, the maintenance and development of the race as well as the process of international development and integration. Ensuring food safety is currently a topic that has been paid attention to internationally as well as nationally. On a global scale, food safety issues are concerned and controlled by the world community through many signed international agreements and conventions on ensuring food hygiene and safety. In Vietnam, food safety is one of the most urgent issues in the context of economic development and world integration, which is concerned by the whole society. Although the Vietnamese Government has gradually improved the legal system regulating food safety, the situation of violations of the law on food safety is still quite complicated. The article analyzes, clearly indicates the need to ensure the right to food safety of consumers, and at the same time analyzes the provisions of international law and Vietnamese law on people's right to ensure food safety. From there, propose recommendations to countries to improve efficiency in ensuring food safety for consumers.

War Crimes and Legal Accountability in the 2023 Israel-Gaza Conflict

Lindra Darnela — 2024-12-31

Hamas's use of armed force against Israel precipitated a large-scale war. Both Israel and Palestine suffered significant losses, including civilian casualties and damage to civilian infrastructure. Given these events, it is crucial to assess the violations committed by both sides to offer recommendations for international alignment and post-conflict resolution efforts. This research examines visual and written online news coverage of war events during the conflict's first ten days, along with international responses. The study aims to evaluate potential violations committed by Israel and Hamas according to jus in bello principles, drawing from both international agreements and customary international law. Furthermore, this research will assess the international community's legitimacy regarding parties perpetuating the destruction. This research found that both Hamas and Israel have violated international law. Specifically, they violated jus in bello (humanitarian law), and Hamas additionally violated jus ad bellum (the law of aggression). Conversely, Israel's actions in self-defense are considered illegal. As a result of these violations, both Hamas and Israel could potentially be held accountable before the International Criminal Court.