Professor Solomon E. Salako, LL.B.(London),LL.M.( London), M.Phil. ( London),Barrister, Professor at Liverpool Hope Business School, School of Law & Criminology and Archbishop Desmond Tutu Centre for War and Peace Studies, Liverpool Hope University, United Kingdom. My research interests are in Criminal Law, Evidence, Jurisprudence and Legal Theory ,Human Rights, International Biomedical Law and Ethics, Corporate and Business Law ,International Law and International Relations ,on which topics I have written numerous books and articles.
The recognition of indigenous peoples' rights is one of the contested issues in international... more The recognition of indigenous peoples' rights is one of the contested issues in international law and jurisprudence.This book is constructed around the development of indigenous peoples' rights.Its main thesis is that the United Nations Declaration of the Rights of Indigenous Peoples 2007 is a redeployment of the right to self-determination developed in the mid-twentieth century to address issues such as the rights of indigenous peoples to development,their lands,culture,biogenetic resources,traditional knowledge and folklore.In a jurisprudential analysis,the issues of global justice and the reconciliation of the international property rights to the rights of indigenous peoples to their biogenetic resources and traditional knowledge are discussed with candour.
Since the coining of the term 'ectogenesis' by Haldane in 1924, we have witnessed sensational bio... more Since the coining of the term 'ectogenesis' by Haldane in 1924, we have witnessed sensational biotechnological triumphs such as in vitro fertilisation, the cloning of "Dolly" the sheep, and the publication of the human genetic code. These triumphs mix benefits with portents in one seamless package. The object of this article is to assess critically the Universal Declaration on Bioethics and Human Rights. It is argued that the Declaration is not a suitable international instrument for regulating biotechnology and protecting future generations. Finally, the feasibility of a legally binding international instrument based on a global consensus is evaluated.
The desirability of obtaining freely given consent is universally accepted. The point, however, i... more The desirability of obtaining freely given consent is universally accepted. The point, however, is that there is no unanimity on the definition of informed consent or its application in bioethics. Whether informed consent is based on principalism or casuistry or the virtue theory, the problem is how to handle the ethically complex situation created in the interface between informed consent and social justice under international biomedical instruments. This article will proceed by offering detailed historical and critical analyses of informed consent under the European Convention on Human Rights and Biomedicine 1997 and The UNESCO Universal Declaration on Bioethics and Human Rights 2005. Three conceptions of justice will be utilised to show that the doctrine of informed consent has driven the ethos of research on human beings and shaped the physician-patient relationship; and that casuistry and virtue theory are consistent with and not rivals of a principle-based account of informed ...
A lot has happened in the last decade on rationalising the congeries of rules of evidence applied... more A lot has happened in the last decade on rationalising the congeries of rules of evidence applied in English courts. Scientific evidence is gradually replacing evidence based on the principle of orality or spontaneity. And yet, judges are not scientifically trained. There is a convergence of the English adversarial system, especially in criminal proceedings, with the Continental inquisitorial system; and, what is more, the proliferation of statutes on the law of evidence and the wide discretionary powers vested in judges to admit all types of evidence raise serious issues of justice and ‘open impartiality’ as distinct from ‘close impartiality’. It is the object of this book to use legal philosophy to analyse the transformation of the rules of evidence in English courts with a view to teasing out the benefits and portents of the transformation and proffering suggestions for reform.
The recognition of indigenous peoples' rights is one of the contested issues in international... more The recognition of indigenous peoples' rights is one of the contested issues in international law and jurisprudence.This book is constructed around the development of indigenous peoples' rights.Its main thesis is that the United Nations Declaration of the Rights of Indigenous Peoples 2007 is a redeployment of the right to self-determination developed in the mid-twentieth century to address issues such as the rights of indigenous peoples to development,their lands,culture,biogenetic resources,traditional knowledge and folklore.In a jurisprudential analysis,the issues of global justice and the reconciliation of the international property rights to the rights of indigenous peoples to their biogenetic resources and traditional knowledge are discussed with candour.
Transnational Corporations (TNCs) exploit natural resources, whether renewable as in the case of ... more Transnational Corporations (TNCs) exploit natural resources, whether renewable as in the case of forests, fisheries and agricultural products or non-renewable as in the case of minerals or petroleum, in developing countries through their subsidiaries. TNCs’ exploitation of forests and acquisition of intellectual property rights in plants and animal breeding, based on the traditional knowledge of indigenous peoples developed over millennia, are in conflict with the rights of indigenous peoples to their territories, resources and traditional knowledge. TNCs also profit from conflict by trading natural resources that prolong wars; colluding with repressive governments to pervert political processes within a State; aiding and abetting crimes against humanity; and flagrantly violating human rights. This article explores the areas of conflict outlined above and examines the efficacy of the mechanisms for the control of TNCs whether legally binding or not. It is suggested that the only eff...
Entitlement to islands, rocks and low-tide elevations in the South China Sea is based either on h... more Entitlement to islands, rocks and low-tide elevations in the South China Sea is based either on historical claims under customary international law or on maritime claims under the United Nations Convention on the Law of the Sea 1982 (UNCLOS). China’s ‘entitlement’ to islands, rocks and low-tide elevations in the South China Sea is based on historical claims spanning over two thousand years. However, there are other littoral claimants such as Taiwan, the Philippines, Vietman and Japan, and what is more, the United States is implicated in Japan’s claim for historical and other reasons. The objects of this article are to evaluate the rule of law and geoeconomics in claims to islands, rocks and low-tide elevations in the South China Sea, especially the Philippines-China arbitration; to show that the historical and maritime claims intersect and collide; to evaluate the United States’ involvement and the Thucydides trap; and to articulate the reasons why geoeconomics should guide not only...
There is uncertainty about the status of the individual in international law. The traditional pos... more There is uncertainty about the status of the individual in international law. The traditional positivist doctrine of international law is that States are the sole subjects of international law and that the individual is the object. The contemporary approach is that the individual is an original subject of international law and the owner of international individual rights. This approach relies for its justification on areas of international law such as investment protection treaties, intellectual property treaties, international human rights law, individual criminal liability in international law and Vienna Convention on Consular Relations where the individual has been brought into contact with international law. The objects of this article are: (i) to assess critically the various areas where the individual has been brought into contact with international law with a view to showing that the individual is not a full subject of international law; and (ii) to show that insofar as the i...
This article re-evaluates cases decided on legal causation in criminal law since Holland (1841) t... more This article re-evaluates cases decided on legal causation in criminal law since Holland (1841) taking cognisance of advances in medical science, good medical practice and judicial attitudes. It is argued that Re T (1992) and Bland (1993) and cases sequel to them cast serious doubts on (and indeed compel a restatement of) the principles of legal attribution relating to intervening events and refusal of medical treatment.
There is an international consensus that climate change is caused by human activities which subst... more There is an international consensus that climate change is caused by human activities which substantially increase the atmospheric concentration of greenhouse gases.The ill-effects of climate change are droughts which adversely affect the global poor who are engaged in agriculture; storm surges which destroy local infrastructure, housing and crops; and the rise of sea levels which adversely affect the inhabitants of small island states which could eventually be totally submerged. Military strategists and intelligence analysts are preparing for future conflicts likely to be caused by environmental security issues.The objects of this article are: (i) to evaluate the ill-effects of climate change as a matter of global justice, (ii) to consider whether future generations have the right not to suffer from the ill-effects of climate change, and if so, (iii) to evaluate the relevant conceptions of global justice, and (iv) to assess critically whether international law provides effective pr...
Since its inception in the late 19th century, strict criminal liability has been used to grapple ... more Since its inception in the late 19th century, strict criminal liability has been used to grapple with regulatory offences. The object of this article is to show that in most cases and in spite of the utilitarian arguments advanced for its retention, strict criminal liability violates Convention rights and that civil sanctions would offer equivalent possibility of enforcing regulatory offences.
Two fundamental requirements ought to be met in any selection to research ethics committees: (i) ... more Two fundamental requirements ought to be met in any selection to research ethics committees: (i) professional scientific competence, and (ii) the understanding of moral values which prevail in any community. The question is: Should the verdicts of research ethics committees be based on community values? This article critically examines theories of community as were propounded by Devlin, Dworkin and Hart in answer to this question. It is argued that community values are complementary rather than conflicting, and that Dworkin's theory of community provides an analytical framework for research ethics on the new genetic technologies. Finally, it is submitted that the verdicts of research ethics committees should be based on community values.
The Council of Europe Convention on Human Rights and Biomedicine is European in conception but ha... more The Council of Europe Convention on Human Rights and Biomedicine is European in conception but has a wider territorial application since non-Member States which have participated in its elaboration may sign it. This article evaluates the Convention as the first legally binding international biomedical law and ethics document to uphold human dignity as a fundamental concept and to provide a legal framework for societies with different sociocultural and philosophical backgrounds. It is argued that such a legal framework must be underpinned by a monist-naturalist conception of justice privileging human dignity as one of its guiding principles.
The first detailed regulations about nontherapeutic research were promulgated by the Prussian Gov... more The first detailed regulations about nontherapeutic research were promulgated by the Prussian Government in 1900. In 1947, the Nuremberg Code was decreed. Since then, the Declaration of Helsinki (DOH) was adopted in 1964 and has been revised five times. The object of this article is to evaluate the 2000 Revision of the DOH and discuss three problems of concern. These problems are: (1) If, unlike its predecessors, the DOH (2000) has recast itself as a minimum set of international standards 'binding' on physicians worldwide, from where does it derive its authority? (2) The wording of the DOH is incongruent with the underlying ethical principles. (3) The projection of the DOH into the realms of social justice raises the issue of human dignity. Finally, the feasibility or desirability of a theory of justice privileging human dignity as one of its guiding principles and the future of the DOH are examined.
The recognition of indigenous peoples' rights is one of the contested issues in international... more The recognition of indigenous peoples' rights is one of the contested issues in international law and jurisprudence.This book is constructed around the development of indigenous peoples' rights.Its main thesis is that the United Nations Declaration of the Rights of Indigenous Peoples 2007 is a redeployment of the right to self-determination developed in the mid-twentieth century to address issues such as the rights of indigenous peoples to development,their lands,culture,biogenetic resources,traditional knowledge and folklore.In a jurisprudential analysis,the issues of global justice and the reconciliation of the international property rights to the rights of indigenous peoples to their biogenetic resources and traditional knowledge are discussed with candour.
Since the coining of the term 'ectogenesis' by Haldane in 1924, we have witnessed sensational bio... more Since the coining of the term 'ectogenesis' by Haldane in 1924, we have witnessed sensational biotechnological triumphs such as in vitro fertilisation, the cloning of "Dolly" the sheep, and the publication of the human genetic code. These triumphs mix benefits with portents in one seamless package. The object of this article is to assess critically the Universal Declaration on Bioethics and Human Rights. It is argued that the Declaration is not a suitable international instrument for regulating biotechnology and protecting future generations. Finally, the feasibility of a legally binding international instrument based on a global consensus is evaluated.
The desirability of obtaining freely given consent is universally accepted. The point, however, i... more The desirability of obtaining freely given consent is universally accepted. The point, however, is that there is no unanimity on the definition of informed consent or its application in bioethics. Whether informed consent is based on principalism or casuistry or the virtue theory, the problem is how to handle the ethically complex situation created in the interface between informed consent and social justice under international biomedical instruments. This article will proceed by offering detailed historical and critical analyses of informed consent under the European Convention on Human Rights and Biomedicine 1997 and The UNESCO Universal Declaration on Bioethics and Human Rights 2005. Three conceptions of justice will be utilised to show that the doctrine of informed consent has driven the ethos of research on human beings and shaped the physician-patient relationship; and that casuistry and virtue theory are consistent with and not rivals of a principle-based account of informed ...
A lot has happened in the last decade on rationalising the congeries of rules of evidence applied... more A lot has happened in the last decade on rationalising the congeries of rules of evidence applied in English courts. Scientific evidence is gradually replacing evidence based on the principle of orality or spontaneity. And yet, judges are not scientifically trained. There is a convergence of the English adversarial system, especially in criminal proceedings, with the Continental inquisitorial system; and, what is more, the proliferation of statutes on the law of evidence and the wide discretionary powers vested in judges to admit all types of evidence raise serious issues of justice and ‘open impartiality’ as distinct from ‘close impartiality’. It is the object of this book to use legal philosophy to analyse the transformation of the rules of evidence in English courts with a view to teasing out the benefits and portents of the transformation and proffering suggestions for reform.
The recognition of indigenous peoples' rights is one of the contested issues in international... more The recognition of indigenous peoples' rights is one of the contested issues in international law and jurisprudence.This book is constructed around the development of indigenous peoples' rights.Its main thesis is that the United Nations Declaration of the Rights of Indigenous Peoples 2007 is a redeployment of the right to self-determination developed in the mid-twentieth century to address issues such as the rights of indigenous peoples to development,their lands,culture,biogenetic resources,traditional knowledge and folklore.In a jurisprudential analysis,the issues of global justice and the reconciliation of the international property rights to the rights of indigenous peoples to their biogenetic resources and traditional knowledge are discussed with candour.
Transnational Corporations (TNCs) exploit natural resources, whether renewable as in the case of ... more Transnational Corporations (TNCs) exploit natural resources, whether renewable as in the case of forests, fisheries and agricultural products or non-renewable as in the case of minerals or petroleum, in developing countries through their subsidiaries. TNCs’ exploitation of forests and acquisition of intellectual property rights in plants and animal breeding, based on the traditional knowledge of indigenous peoples developed over millennia, are in conflict with the rights of indigenous peoples to their territories, resources and traditional knowledge. TNCs also profit from conflict by trading natural resources that prolong wars; colluding with repressive governments to pervert political processes within a State; aiding and abetting crimes against humanity; and flagrantly violating human rights. This article explores the areas of conflict outlined above and examines the efficacy of the mechanisms for the control of TNCs whether legally binding or not. It is suggested that the only eff...
Entitlement to islands, rocks and low-tide elevations in the South China Sea is based either on h... more Entitlement to islands, rocks and low-tide elevations in the South China Sea is based either on historical claims under customary international law or on maritime claims under the United Nations Convention on the Law of the Sea 1982 (UNCLOS). China’s ‘entitlement’ to islands, rocks and low-tide elevations in the South China Sea is based on historical claims spanning over two thousand years. However, there are other littoral claimants such as Taiwan, the Philippines, Vietman and Japan, and what is more, the United States is implicated in Japan’s claim for historical and other reasons. The objects of this article are to evaluate the rule of law and geoeconomics in claims to islands, rocks and low-tide elevations in the South China Sea, especially the Philippines-China arbitration; to show that the historical and maritime claims intersect and collide; to evaluate the United States’ involvement and the Thucydides trap; and to articulate the reasons why geoeconomics should guide not only...
There is uncertainty about the status of the individual in international law. The traditional pos... more There is uncertainty about the status of the individual in international law. The traditional positivist doctrine of international law is that States are the sole subjects of international law and that the individual is the object. The contemporary approach is that the individual is an original subject of international law and the owner of international individual rights. This approach relies for its justification on areas of international law such as investment protection treaties, intellectual property treaties, international human rights law, individual criminal liability in international law and Vienna Convention on Consular Relations where the individual has been brought into contact with international law. The objects of this article are: (i) to assess critically the various areas where the individual has been brought into contact with international law with a view to showing that the individual is not a full subject of international law; and (ii) to show that insofar as the i...
This article re-evaluates cases decided on legal causation in criminal law since Holland (1841) t... more This article re-evaluates cases decided on legal causation in criminal law since Holland (1841) taking cognisance of advances in medical science, good medical practice and judicial attitudes. It is argued that Re T (1992) and Bland (1993) and cases sequel to them cast serious doubts on (and indeed compel a restatement of) the principles of legal attribution relating to intervening events and refusal of medical treatment.
There is an international consensus that climate change is caused by human activities which subst... more There is an international consensus that climate change is caused by human activities which substantially increase the atmospheric concentration of greenhouse gases.The ill-effects of climate change are droughts which adversely affect the global poor who are engaged in agriculture; storm surges which destroy local infrastructure, housing and crops; and the rise of sea levels which adversely affect the inhabitants of small island states which could eventually be totally submerged. Military strategists and intelligence analysts are preparing for future conflicts likely to be caused by environmental security issues.The objects of this article are: (i) to evaluate the ill-effects of climate change as a matter of global justice, (ii) to consider whether future generations have the right not to suffer from the ill-effects of climate change, and if so, (iii) to evaluate the relevant conceptions of global justice, and (iv) to assess critically whether international law provides effective pr...
Since its inception in the late 19th century, strict criminal liability has been used to grapple ... more Since its inception in the late 19th century, strict criminal liability has been used to grapple with regulatory offences. The object of this article is to show that in most cases and in spite of the utilitarian arguments advanced for its retention, strict criminal liability violates Convention rights and that civil sanctions would offer equivalent possibility of enforcing regulatory offences.
Two fundamental requirements ought to be met in any selection to research ethics committees: (i) ... more Two fundamental requirements ought to be met in any selection to research ethics committees: (i) professional scientific competence, and (ii) the understanding of moral values which prevail in any community. The question is: Should the verdicts of research ethics committees be based on community values? This article critically examines theories of community as were propounded by Devlin, Dworkin and Hart in answer to this question. It is argued that community values are complementary rather than conflicting, and that Dworkin's theory of community provides an analytical framework for research ethics on the new genetic technologies. Finally, it is submitted that the verdicts of research ethics committees should be based on community values.
The Council of Europe Convention on Human Rights and Biomedicine is European in conception but ha... more The Council of Europe Convention on Human Rights and Biomedicine is European in conception but has a wider territorial application since non-Member States which have participated in its elaboration may sign it. This article evaluates the Convention as the first legally binding international biomedical law and ethics document to uphold human dignity as a fundamental concept and to provide a legal framework for societies with different sociocultural and philosophical backgrounds. It is argued that such a legal framework must be underpinned by a monist-naturalist conception of justice privileging human dignity as one of its guiding principles.
The first detailed regulations about nontherapeutic research were promulgated by the Prussian Gov... more The first detailed regulations about nontherapeutic research were promulgated by the Prussian Government in 1900. In 1947, the Nuremberg Code was decreed. Since then, the Declaration of Helsinki (DOH) was adopted in 1964 and has been revised five times. The object of this article is to evaluate the 2000 Revision of the DOH and discuss three problems of concern. These problems are: (1) If, unlike its predecessors, the DOH (2000) has recast itself as a minimum set of international standards 'binding' on physicians worldwide, from where does it derive its authority? (2) The wording of the DOH is incongruent with the underlying ethical principles. (3) The projection of the DOH into the realms of social justice raises the issue of human dignity. Finally, the feasibility or desirability of a theory of justice privileging human dignity as one of its guiding principles and the future of the DOH are examined.
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