Patrick C. Osode

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• LLB; BL; LLM; SJD
• Professor at University of Fort Hare

The regulation of agricultural subsidies under the auspices of the World Trade Organisation (WTO) remains an acrimonious and challenging issue perplexing government policy-makers, trade practitioners and academic commentators at large. Central to this challenge is the view that the extant multilateral trade regulation rules governing agricultural s...

Since their emergence, cryptocurrencies are increasingly gaining uptake in the financial sector across the globe. In the sub-Saharan region, countries such as South Africa, Zimbabwe and Botswana have the potential to achieve financial inclusion through the use of cryptocurrencies. More specifically, unbanked individuals in these emerging market eco...

The call to re-theorise international agricultural trade regulation to advance the human right to food has gained traction in various international platforms, including the United Nations (UN) and the World Trade Organization (WTO), among others. The emerging consensus is that the WTO-driven liberal rules on agricultural trade regulation have been...

Although many academic commentators have long argued that the World Trade Organization (WTO)-driven liberal rules of international agricultural trade regulation have a negative effect on the enjoyment of the human right to food, especially in developing countries, there is still a dearth of scholarship offering proposals to ameliorate the situation...

The rapid spread of the SARS-CoV-2 virus which is responsible for the COVID-19 pandemic across the globe has spawned an intense debate on the necessity of a waiver of some provisions of the World Trade Organisation’s Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) to increase access to medicines and other medical technolo...

The current global human rights order, eminently propagated in international legal instruments and statements, is to a great extent state-centric in character, bestowing obligations on states, whilst largely ignoring the conduct of non-state actors in the form of transnational corporations (TNCs) and trade governance institutions whose record of hu...

The importance and contribution of derivative litigation to the effectiveness and credibility of a jurisdiction's corporate governance system is indisputable. There is a positive correlation between good corporate governance practices, which include shareholders’ rights, and investors’ return on their investments. On the one hand, an overly pro-sha...

This article argues that company takeover regulation regimes must carefully balance two opposing notions. On the one hand, the regime must be designed to enable or facilitate the initiation and successful implementation of takeovers and mergers in the interests of economic growth and technological advancement. On the other hand, such a regulatory f...

The judiciary-exclusive role to allow or deny the commencement or continuation of contemporary derivative litigation is one of the critical aspects of such proceedings. Before the 2006 codification, derivative actions were brought under the common law as exceptions to the rule in Foss v Harbottle (1843) 67 ER 189. However, after realising intolerab...

The business judgment rule (BJR or the Rule) is an American legal export which has become a key corporate governance tool in most leading common law jurisdictions, such as, Australia, Canada and South Africa. However, the Rule has not been formally embraced in the United Kingdom. In Zimbabwe, the Rule has traditionally been treated as a common law...

Financial crimes are debilitating problems for economies, especially emerging ones. The scourge of financial crimes includes money laundering, fraud, drug and human trafficking, terrorism financing, bribery, embezzlement, market manipulation, tax evasion, identity theft, forgery and cybercrime. These problems are so intractable and potentially dest...

This note focuses on the decision

The menace of corruption in public sector governance has remained an intractable challenge in most African countries. Since the reintroduction of civilian democracy in 1999 in Nigeria, the state has strived to entrench openness and transparency, which are indispensable to the attainment of rapid socio-economic development. The government has pursue...

Several policy rationales have been offered as justifications for the new appraisal remedy, including its functioning as a credible exit vehicle for disgruntled shareholders upon receipt of payment of a ‘fair value’ for their shares. However, against the backdrop of the High Court decision in Cilliers v LA Concorde Holdings Ltd, this article explor...

The problem of safe and affordable credit for low-income consumers has remained a conundrum for policy makers. More pointedly, sustainable participation of historically disadvantaged and low-income consumers in the mainstream credit market has proved to be problematic in South Africa. Despite the introduction of the National Credit Act 34 of 2005 (...

This article argues that the business judgment rule is a sound doctrine as it, inter alia, encourages entrepreneurial risk taking by company directors, protects them from hindsight bias and preserves corporate decision-making as the directors’ prerogative. The rule manifests either as an abstention doctrine, standard of liability doctrine or as an...

Natural resources endowment is a blessing to the endowed states due to their catalytic development-driving potential. The exploitation of the endowment should result in rapid socio-economic development. However, for most developing states, the blessing of these natural resources strangely tends to turn disadvantageous; a phenomenon that has been di...

This article examines Zimbabwe’s indigenisation legislation, points out some of its inadequacies and draws lessons from South Africa’s experiences in implementing its own indigenisation legislation. Both countries have encountered challenges relating to an upsurge in unethical business conduct aimed at defeating the objectives of their black econom...

This article examines Zimbabwe's indigenisation legislation, points out some of its inadequacies and draws lessons from South Africa's experiences in implementing its own indigenisation legislation. Both countries have encountered challenges relating to an upsurge in unethical business conduct aimed at defeating the objectives of their black econom...

The incorporation of a trade-labour (standards) linkage into the multilateral trade regime of the World Trade Organisation (WTO) has been persistently opposed by developing countries, including those in Africa, on the grounds that it has the potential to weaken their competitive advantage. For that reason, low levels of compliance with core labour...

Under the legal framework of the World Trade Organisation (WTO), countries have great flexibility to unilaterally adopt environmental regulations that have effect within their territories only. However, the same discretion does not apply to measures that adversely affect imports or exports. An absence of clear guidelines on how to address some of t...

Under the legal framework of the World Trade Organisation (WTO), countries have great flexibility to unilaterally adopt environmental regulations that have effect within their territories only. However, the same discretion does not apply to measures that adversely affect imports or exports. An absence of clear guidelines on how to address some of t...

Die Suid-Afrikaanse Ontwikkelingsgemeenskap in 'n regshistoriese perspektief Die artikel ondersoek die institusionele geskiedenis van SADC met die doel om die faktore te bepaal wat bydra tot die stadige vordering na ware ekonomiese integrasie in Suidelike Afrika. SADC se stadige vordering ten aansien van voldoening aan sy institusionele doelstelli...

D EFINING THE L IMITS OF P ERMISSIBLE E MPLOYMENT D ISCRIMINATION A GAINST P ERSONS L IVING WITH HIV/AIDS IN S OUTH A FRICA: H OFFMAN V. S OUTH A FRICAN A IRWAYS [2000] 12 BLLR 1365. Perhaps the most positive and exciting aftermath of the apartheid era is the construction of the new South Africa upon the foundation of a Constitution and other legal...

This article provides a detailed analysis of the Insider Trading Act, 1998, of South Africa. While it welcomes those provisions designed to proscribe insider trading by creating offences and introducing severe sanctions, it criticizes the Act for doing little to promote the goals of corporate compensation and market efficiency. The article adopts a...

This article undertakes a critical examination of the way and manner in which Canadian courts have applied the common-law principles of negligence to cases of hospital and medical malpractice. It argues that the courts have construed the relevant doctrines rather conservatively with the result that the majority of patients injured within the precin...

Thesis (S.J.D.)--University of Toronto, 1994. Includes bibliographical references (leaves 457-477). Microfiche.