Browsing by Author "Olatinwo Khafayat Yetunde"

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    Assessment of the Doctrine of Immunity and Liability of Arbitrator
    (BOWEN Law Journal. 1 (1), 2017) Olatinwo Khafayat Yetunde
    Alongside the normal judicial/Court mode of settling scores between/among parties, there exist arbitration as an alternative form of dispute settlement especially in respect of commercial disputes. Indisputable, the position of an arbitrator is not clear cut as that of a judge who is appointed with sufficient rules and regulations guiding its functions including the Constitution. An arbitrator may be an ordinary person persuaded by a friend to settle a dispute and may not really think or be aware of the implications of what he/she is doing until his conducts during the settlement process becomes a subject of litigation. Some jurisdictions have taken it upon themselves to enact laws that would regulate such litigation and often times accord immunity to the arbitrator (whether from civil or criminal responsibility). The essence of this paper is to analyse the various practice of countries on the practice of arbitrators immunity and liability, examine the theoretical bases of States option in the adoption of the doctrine of arbitrators immunity and liability and then to proffer justification for those jurisdictions that have accorded immunity to arbitrators and to find rules which may be adopted by other jurisdictions that don't have immunity laws so that when a court is faced with a matter in which “arbitrators immunity” is a subject of the litigation, the judge in the absence of a legal framework may adopt the common Law doctrine of Immunity (as in the Nigeria situation) or find recourse in practices in other jurisdiction or institutions.
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    Dispute Resolution options in the legal Regimes Regulating Outer Space Activities.
    (Indian Journal of Air and Space Law, 1, 2015) Olatinwo Khafayat Yetunde
    There is no gainsaying to the fact that since the space race/age in 1957, outer space has been utilized for different beneficial purposes particularly in the areas of Communication (tele-education, tele-medicine), Earth observation surveillance, population monitoring, war advantages etc through launching of different satellites that has now assumed commercial interest in satellite communication sector, launching services and remote sensing. The commercial activities in outer space are very welcome idea, however, just like in any commercial activities, dispute is inevitable. It is then left for a viable dispute resolution mechanism to be put in place in an effort to resolve the peculiar nature of dispute that may arise in the utilisation of this unique environment. It is the intention of this paper to assess the dispute resolution options available to States, non-governmental organizations and private entities involved in any dispute arising from space activities.
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    International Law on the Environment of Space: Towards a Sustainable Development.
    (Proceedings of International Conference on Humanities, Science and Sustainable Development. African Journal Series, held at Faculty of Engineering Board Room, University of Benin, Benin City, Nigeria. 5(2)., 2014) Olatinwo Khafayat Yetunde
    The technological advantages derived from space exploitation cannot be over-emphasized.it ranges from communication; TV signals, transmission of wireless radio, the use of GPS systems in our cars and listening to weather forecast derived from remote sensing satellite. However, the resources of outer space are finite and the continuous abuse facing the environment of space as a result of human exploration and exploitation is damaging and causing serious degradation. The intention of this paper is to review the International laws relating to the environment of space for their effectiveness and proffer recommendation where necessary in order to sustain the resources of space.
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    Mortgagor or Mortgagee? Liability for Damage caused to Space Assets where a Right of Forfeiture Goes Wrong in Outer Space.
    (Coventry Law Journal. 27(2): ISSN1758-2512: 25-36, 2022) Olatinwo Khafayat Yetunde
    It is safe to conclude that parties are involved in contract almost every hour and on daily basis of human existence. Whatever the nature of such contract is or whatever the form it takes; the fact is that it is not strange for parties, be it private individuals, corporations, government agencies, NGOs and International organisations, to require certain obligations in return for certain benefits on both sides. The obligation is extended with series of covenants and conditions to the fulfillment of the terms of the agreement, the breach of which can entitle the injured party to seek variety of reliefs depending on the terms of agreement and lex situs. This concept is not strange in space related activities in spite of its unique nature and legal regimes upholding the environment as common heritage. As long as parties conform to the provisions of the regimes, outer space is free for exploration and exploitation therefore open to man’s quest. Because of the huge financial commitment and obligations involved in space exploration, it would not be farfetched to see space actors seeking financial assistance from financial institution of other states and entering into a mortgage agreement to borrow huge capital to finance a particular space activity. This can take the form of finance lease or agreement to finance the launch, manufacture, maintenance or purchase satellite in orbit and almost always, the space asset/object as the security/collateral. In such cases a breach on the term of contract on the payment after several demands may entitle the mortgagee/creditor to exercise its forfeiture right, in this case, removal of the satellite from orbit. Because of the increase in satellite launch and the finite nature of the Geo Stationary causing satellites to cluster and collide, there is the possibility that the removal of a satellite may cause damage to another space object. The question is what happens when another space object or satellite belonging to another state or entity is damaged in the process of removing a satellite, subject matter of forfeiture? Who is liable for such damage, the mortgagor or mortgagee? The intention of this paper is not to discuss a contract of mortgage on space asset/object but rather to discuss the liability for damage that may be occasioned where the act of removal of a space asset/object for breach of contract caused damage to another satellite in orbit or even the forfeited satellite. The paper intends to examine the attitude of the space regimes on who is liable between the mortgagee, who is only observing his right to forfeiture or the launching party, who may not necessarily be the mortgagor, but is legally liable for damage caused to other space object through it space activity. KEY WORDS: mortgage, space asset, forfeiture, damage, liability
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    The Legal framework on Space exploration and Exploitation.
    (NIALS Journal of Air and Space Law. (Maiden Edition): 110-142, 2013) Olatinwo Khafayat Yetunde
    The environment of the outer space has no friction so it allows stars, planet and moons to move freely along ideal gravitational trajectories. As against the popular belief, a person exposed to space would not explode, freeze to death or die from boiling blood as we now have human beings living in the outer space and not exposed to any imminent danger due to scientific research on how to live a normal life when in outer space. The essence of this paper is not to examine the science of space but how outer space became a legal subject. Due to space activities and exploitation that has affected every facet of human existence, several Laws, Treaties; Conventions have been put in place to regulate the activities of man on space. This paper will focus on space exploration, its effect on Earth, some Laws regulating human activities in outer space and its implications. This paper will focus on the following legal regimes on Outer Space. 1. Treaty banning Nuclear weapon Tests in the Atmosphere, in outer space and under water often called the partial test ban treaty or Nuclear Test Ban Treaty of 1963 2. Outer Space Treaty of 1967. 3. Convention on international Liability for Damaged caused by space objects 1972 4. Convention on Registration of objects launched into outer space (1975) 5. Agreement on the rescue of Astronauts, the return of Astronauts and the return of objects launched into outer space 1968 6 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies 1979
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    X-raying the Constitutionality of Arbitral Award in Nigeria
    (Joseph Ayo Babalola University Law Journal. 1 (1), 2014) Olatinwo Khafayat Yetunde
    The urge to sustain and promote the arbitral system has informed the series of multi-door court house system established in places like Abuja and Lagos State and also the passing into laws (arbitration law) by some states to compliment the Arbitration and Conciliation Act 1988 to cater for arbitral processes in such states. However there is this discrepancy and argument that the outcome of arbitration i.e arbitral award is inferior to the judgment of a regular court. This discrepancy is often based on the argument that the judge who makes judgment derives his power from the Constitution. In order to clear the doubt as to the Constitutionality of arbitral award, this paper examines some of the supporting theories of arbitration and the source of the powers of the makers of Arbitration and Conciliation Act 1988.