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Review: Gabriella Nugent, Colonial Legacies: Contemporary Lens-Based Art and the Democratic Republic of Congo
No full textBook Review: Gabriella Nugent, Colonial Legacies: Contemporary Lens-Based Art and the Democratic Republic of Congo (Ithaca: Cornell University Press, 272 pp., isbn: 9789462702998
Freedom of association in South Africa: Democratic pluralism and the interplay between collective interests and individual flourishing
No full textThis article examines, as a foundational touchstone, the nature, scope and rationales that undergird the right to freedom of association in South Africa enumerated under Section 18 of the Constitution.1 It aims to inform, demystify and map the underpinnings and justifications of this right as it has been understood, interpreted and developed by (primarily though not exclusively) the Constitutional Court’s jurisprudence. This article is divided into two interlinked thematic parts. Part I outlines the development, nature and scope of the right. The socio-legal and historical development of Freedom of Association is explained within the contextual framing of interrelated core values of freedom, equality, dignity and democratic pluralism. It explores the normative content of the right including the right to associate, the right to dissociate (to join or not to join), justifiable limitations and how a distinctive wider regulatory framework supports these key elements and highlights the relationship with other rights. It further explores the applicability of international law, and how the Court draws on foreign case law to interpret Section 18 (indeed the Court since its inception has always employed a comparative lens to support its insights and interpretation of rights). Part II then surveys the jurisprudence of the Court in terms of the types of cases that have come before it which both directly or indirectly evoke and have implications for how freedom of association is respected, protected and promoted.2 This includes where the right stands in relation to other inter-dependent rights, disputes and interpretative contestations that have arisen predominately the freedom of religion, the right to language and cultural life and the right to privacy. The aim of this endeavour is therefore not to provide a critical account of the freedom as a contested concept nor is it a comprehensive critical examination of the field - rather its aim is to highlight the core rationales that lie behind associational freedom drawing from primarily adjudicative interpretations, as well as key strands of academic discourse that justices refer to, in order to shed light on its basic purposes and potential. In order to safeguard the mandate of democratic pluralism and the autonomous development of society, the pursuit of a wider group of rights to form and maintain communal relations arguably takes precedence, but this does not negate the need to protect individual freedoms also essential for the fulfilment of these aims. The interplay of individual flourishing and collective interests necessitates a constant tension calling for further refinement, coherency and interpretative consistency. This article therefore leaves plenty of room for further exploration of major themes, challenges and avenues of reflection going forward
The past, present, and future of resulting trusts
No full textThis article considers the nature and future of resulting trusts, and offers a critique of the Birks/Chambers theory of resulting trusts. It argues that the current law cannot be explained, as the Birks/Chambers theory suggests, on the basis of the reversal of unjust enrichment. Instead, the law of resulting trusts is based on an old fiction whereby the owner of property is regarded as holding a beneficial interest which may be retained when the legal ownership has been transferred to another person. Unfortunately, this ‘retention’ idea does not provide a doctrinally satisfying justification for the current law. A logical response would be to discard those aspects of the law of resulting trusts that depend on the retention idea and, therefore, to dispense with presumed resulting trusts. The article argues that, in fact, in English law the purchase-money resulting trust has already been made irrelevant by the common intention constructive trust. However, the article argues for the continued recognition of gap-filling (i.e. ‘automatic’) resulting trusts on the basis that an alternative justification can be identified for such trusts
Voluntary conveyances of land: The presumption of resulting trust redux?
No full textDiscusses National Crime Agency v Dong (Ch D) on whether, following the enactment of the Law of Property Act 1925 s.60(3), a presumption of resulting trust arises following a voluntary conveyance of land. Reviews the facts of the case, involving a charging order obtained over a property by the National Crime Agency, how the court's conclusions on s.60 differ from previous cases, the problems this creates, and why its reasoning is not convincing
Effect of pneumatic conveying parameters on physical quality characteristics of infant formula
No full textThe geometry and operating conditions of a pneumatic conveying rig for infant formula were varied according to an L18 orthogonal array, with the goal of minimising variations in four product quality characteristics: bulk density, volume mean diameter, particle density and wettability. A modular pneumatic conveying rig was fabricated from 316L stainless steel components. The factors that were varied in these experiments included mode of conveying, air velocity, number of rig passes, bend radii and vertical rig section length. A factorial analysis of variance showed that the mode of conveying, air velocity and number of passes had a statistically-significant effect on bulk density. The optimum settings to minimise variability were dense phase conveying with a 50 mm plug length, 960 mm vertical section, 3 m/s air velocity, 2 passes and 50 mm bend radii, assuming a linear model. The bulk density change at these optimum settings was negligible at 0.9%
Precarity and resistance: Mediating home across contemporary Europe through the short hybrid film
No full textAddressing an increasingly globalised housing crisis, European filmmakers have turned their attention to the precarity of home, generating a vast mediascape of activist documentaries, essay films, shorts, and some features. Adopting a film and urbanism approach, in this article I take a specific focus on the short film form, framing it as a space for experimentation, and offering a snapshot of a wider transnational corpus of media. I compare two 2019 short films by two emerging women artists: British Ayo Akingbade’s Dear Babylon and Portuguese Leonor Teles Dogs Barking at Birds (Cães Que Ladram Aos Pássaros). These artists’ works establish film as a form of resistance while, at the same time, being rooted in an understanding of socio-economic inequality in housing. Purposedly merging observational, participatory methods with the fictional, these two films share a focus on young people in uncertain living conditions. Grappling with their individual situations the youth at the centre of these stories build forms of resistance to their present housing struggles in the attempt to shape a better future for themselves and their community
Freedom of association in Nigeria: A cacophony of contestations
No full textThe right to freedom of association in Nigeria has a history that is intertwined with the country's political evolution, agitation for the rule of law, and democracy. In the pre-colonial era, the various tribes and communities that make up modern Nigeria had distinct governance structures with community norms and practices that allowed for some form of association. The advent of British colonial rule saw a severe erosion of freedom of association with the colonial administration implementing laws that restricted public gatherings and associations aimed at suppressing anti-colonial movements and nationalist activities. However, after gaining independence in 1960, Nigeria became a federal republic, and the constitution provided for fundamental human rights, including freedom of association.1 Independence and the constitutional framework facilitated the establishment of political parties, trade unions, and various civic groups. Military interventions in periods from 1966 reversed the trend with military regimes bringing in strict restrictions on rights including freedom of association. The return to a relatively stable civilian rule in 1999 and the introduction of the 1999 Constitution revived the framework for protecting rights including freedom of association in Nigeria. The introduction of the African Charter on Human and Peoples’ Rights, a significant component of African Union law, also influenced the protection of the rights in the country. As this article shows, the protection and exercise of the right to freedom of association in Nigeria have been impacted by history, politics, constitutional development, regional dynamics, case law and, interestingly, customary law. This article starts by briefly explaining the rationale for the protection of the right in Nigeria, it thereafter discusses the statutory framework for the protection of the right, highlighting its scope. The paper then moves on to consider the content of the rights, its positive and negative dimension, and how the courts interpret and apply the right. The article discusses an important dimension in Nigeria, the nexus between the right and customary law. The article further discusses the application of the right in the context of Trade Unions and Civil Society Organisations (CSO). The article ends with a conclusion of the main themes that have emerged in the Nigerian context
Ireland's Climate Change Assessment Volume 4: Realising the benefits of transition and transformation
No full textThis is the first Ireland’s Climate Change Assessment (ICCA) and is a major contribution to the national dialogue and engagement on climate change. It tells us what is known about climate change and Ireland. It also provides key insights on gaps in our knowledge. The development of ICCA was modelled on the work of the Intergovernmental Panel on Climate Change and the Sixth Assessment Cycle, completed in 2023, with the use of and localisation of its information for Ireland. ICCA will support the national response to climate change, ensuring that it is informed by the best available science. It also points to how and where that science can be improved through further investments in innovation, in research and in systematic observations. These collectively form the essential backbone of the science and data required to understand how Ireland is being impacted by and responding to the climate change challenge. The full Assessment has been developed through a co-creation process between leading academics in Ireland and officials from across state agencies and government departments. Funding was provided by the Environmental Protection Agency, Sustainable Energy Authority of Ireland, Science Foundation Ireland and Department of Transport. The process was collaborative, involving mutual development and agreement of the scope, preparation and review of drafts, wider stakeholder consultation through a series of workshops and meetings, and a detailed sign-off process. We see the publication of ICCA as a real innovation for Ireland and as a resource for understanding climate change in an Irish context across the underlying science, mitigation and adaptation measures, and opportunities. It is a starting point for further dialogue on the findings and their utility for policymakers, practitioners, researchers, research funders and people. This engagement phase should continue far beyond the publication of this Assessment and support climate action in Ireland