Nigerian conveyancers routinely resort to powers of attorney and agreements to sell (estate contracts) as tools to avoid the prohibitory clauses of the Land Use Act. Judges have shown their sympathy through a strict (but beneficial) construction. Nevertheless, the current system exacerbates the risk of acquiring precarious titles in land transactions. Accordingly, this article suggests that the avoidance objective will be best achieved through the application of the principles of trust and the use of trust instruments such as express written declarations of trust.
IND. INT'L & COMP. L. REV. recommendations by the NBAC 5 and the Nuffield Council on Bioethics. 6 The conduct of biomedical research and clinical trials in developing countries 7 could be motivated by altruistic concerns to help developing countries confront particular health care problems, thereby reducing the inequality in global health research expenditures. 8 However, this conduct (i.e. biomedical research) could also exploit and take advantage of the abundant research subjects, poverty and disease, low level of regulation, and comparatively cheaper cost of clinical trials in developing countries. 9 For instance, a developed country's pharmaceutical corporation may undertake clinical trials in a developing country simply out of convenience and to quickly generate clinical data that would support drug registration application in the developed country.' 0 A myriad of factors contribute to recent public sensitivity to trials in developing countries. This includes the placebo-controlled trials that took 5. NBAC, supra note 3. 6. See NUFFIELD COUNCIL ON BIOETHICS, THE ETHICS OF RESEARCH RELATED TO HEALTHCARE IN DEVELOPING COUNTRIES (2002). 7. The expressions "developing" and "developed" countries have contested meanings and are not used here in any technical sense. The term "developing" is used to describe nonindustrialized countries in South Africa that are still caught in the throes of poverty and economic underdevelopment. Similarly, "developed" is used to describe industrialized and wealthy countries in North Africa.
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