Journal of
Law and Conflict Resolution

  • Abbreviation: J. Law Conflict. Resolut
  • Language: English
  • ISSN: 2006-9804
  • DOI: 10.5897/JLCR
  • Start Year: 2009

JLCR Articles

June 2018

The contentious relationship between Africa and the International Criminal Court (ICC)

The International Criminal Court (ICC) established in 2002 under the Rome Statute with significant support from African States, which comprise thirty percent of the ICC’s total membership.  After nearly two decades in operation, the ICC has issued a number of indictments to both sitting and ex-African leaders.  The African Union has criticized these indictments citing that the court seems to be overly...

Author(s): Emmanuel Okurut and Hope Among,

February 2018

Estimating the impact of state government spending and the economy on crime rates

The determinants of crime have been an area of numerous studies over time. In spite of this volume of work, interest in the causes of crime continues to persist. This paper investigates the determinants of variations in crime rates in the United States using cross-sectional state-level data. It explores the role of government spending and socio-economic variables and compares these determinants for the three years 1990,...

Author(s): Uchenna N. Akpom and Adrian D. Doss   

January 2018

Administration of Justice in Nigeria : Analysing the Dominant Legal Ideology

The paper critically examined the dominant legal ideology of the Nigerian judges and their attitudes towards statutory interpretation. This was done in the light of the traditional and modern methods, and techniques of judicial reasoning and decision making. It condemned the strict constructionist legal approach which appears to be the pervading orientation of the judges and called for a truly broad and liberal approach...

Author(s): Omoleye Benson Oluwakayode and Eniola Bolanle Oluwakemi

November 2017

Management of transboundary natural resources

Transboundary natural resources management means “any process of cooperation across boundaries that facilitates or improves the management of natural resources (to the benefit of all parties in the area concerned)”. Because of their importance, these natural resources must be protected and managed in a way that will prevent their degradation and damage. Actual cases proved that joint management of...

Author(s): Theodore Okonkwo

August 2017

Assessing the efficacy of alternative dispute resolution (ADR) in the settlement of environmental disputes in the Niger Delta Region of Nigeria

This study presents a detailed and critical review of the Alternative Dispute Resolution as a non-judicial mechanism for the settlement of environmental disputes in the Niger Delta region of Nigeria. Ordinarily, disputes whether environmental or otherwise are resolved through court processes, but due to delays, costs, publicity and technicality associated with litigation, alternative dispute resolution (ADR) mechanisms...

Author(s): Joseph Nwazi  

July 2017

Trademark dispute settlement in Malaysia: A comparative analysis with the TRIPS and the Paris convention

Trademark is a mark, name, sign, smell or a sound, which distinguishes goods and services of one undertaking, from goods and services of other undertakings. Malaysia had the trademark ordinance 1950; which is repealed by the trademark act 1976 and thereunder, the trademark regulations are made in 1997. The trademark dispute arises between the parties, at the time of the registration of the trademark and at later stages;...

Author(s): Sohaib Mukhtar, Zinatul Ashiqin and Sufian Bin Jusoh  

June 2017

Corporate responsibility for environmental crime in Indonesia

According to Indonesian law, corporations involve in environmental crime can be held accountable, and may be subject to criminal sanctions. Criminal sanctions can be imposed against those who give orders or the leaders of the corporations. They can be imposed on corporations or their leaders. Sanctions can be fines, restrictions from certain activities with strict principles. Key words: Corporate responsibility,...

Author(s): Slamet Suhartono  

November 2016

An appraisal of the regulatory framework for the protection of consumers in the communications sector in Nigeria

The communications sector in Nigeria has witnessed an enormous growth since 1992 when it was liberalized and deregulated. However, much more significant developments have been witnessed since 2001 when the Global System for Mobile Networks (GSM) were licensed to operate as private players in the sector. This examined the existing legal and institutional framework for the operations of these GSM providers in the country....

Author(s): J. O. Odion

January 2016

Petroleum industry bill 2012 and the principle of vicarious liability of oil producing states and local government councils for sabotage of petroleum facilities: Resurrecting an old colonial policy in the Niger Delta region of Nigeria

The Petroleum Industry Bill, (PIB) 2012 is designed to provide a comprehensive legal framework for the operation of the oil and gas industry in Nigeria.  In providing a framework for dealing with the environmental impacts of petroleum exploration and production, s.118 (5) of the PIB 2012 provides that where any act of vandalism, sabotage or other civil unrest occurs which causes damage to any petroleum facilities...

Author(s): Z. Adangor

November 2015

A critique of certain aspects of the grounds, procedure and reliefs attaching to customary divorce law in Southern Nigeria

Divorce does great violence to marriage, and by extension to family and society. Although the provisions for divorce under the Nigerian Matrimonial Causes Act frustrates the ideal of a lifelong union made normative by the natural law, the provisions and practices of divorce under the various customary laws are arguably much more devastating to the quintessential stability of marriage. It is either that the grounds...

Author(s): Maurice Okechukwu Izunwa

October 2015

The review of the constitutional amendment procedure and presidential assent in Nigeria

Constitutional amendments are changes or alterations made to a given constitution with a view to improving it. In order to be able to adjust to future needs and prepare for unforeseen circumstances, most written constitutions usually contain special procedures for their amendment. This paper examines the constitutional amendment procedure in Nigeria and the requirement of presidential assent.  Key words:...

Author(s): Ilias B. Lawal

August 2015

Media censorship: Freedom versus responsibility

Media censorship is a global phenomenon that has foreshadowed information outlets for centuries. A common ground for censorship is maintenance of an orderly state, whereas, the underlying motive is to keep public ignorant of the information that can potentially threaten authorities. The worldwide Internet connectivity in the contemporary era allows information to pass through within and beyond borders in minimal time;...

Author(s): Irum Saeed Abbasi and Laila Al-Sharqi

July 2015

Obstacles facing international commercial arbitration

Arbitration is a private exercise based on the agreement of the parties and is administered by appointed ad hoc arbitral tribunal or established arbitral centre or institution. International commercial arbitration which is one of the procedures for resolution of international commercial disputes is patronized by many commercial men and women including corporate bodies and states. The essence of this paper is to inquire...

Author(s): G. Chukwudi Nwakoby and Charles Emenogha Aduaka

March 2015

Consumers’ protection in India in changing economic scenario

Prior to 1986 consumers were unaware of their rights. The business community was exploiting the innocent consumers as per their own choice.  The new economic policy and the policy of liberalization adopted in India since 1991 have completely altered the face of business ethics by generating larger flows without the attendant accountability. The problems of consumers have become more acute during the last two...

Author(s): Sushil Kumar Sen

January 2015

Considerations in addressing an internal revenue service audit of an individual taxpayer in the United States

This paper presents a discussion of certain procedural issues that confront an individual taxpayer in the United States when dealing with a civil tax audit conducted by the Internal Revenue Service (“IRS”).  Given the nature of the topic, the paper cannot address every such issue because the topic is vast and each individual situation is unique.  It is, however, the author’s hope that the...

Author(s): James B. Biagi

September 2014

Relevance of Mary Kaldor’s ‘new wars’ thesis in the 21st century

The nature and characteristics of war in the post-cold war era have been the focus of academic debates in the field of Peace and Conflict studies in recent years especially with regard to whether or not a distinction should be made between ‘old’ and ‘new’ wars. Mary Kaldor’s ‘new wars’ thesis, a very significant contribution to these debates, argues that there is a distinction...

Author(s): Dodeye Uduak Williams

August 2014

Some aspects of the law and practice of commercial arbitration in Nigeria

  Arbitration is considered as a cheaper, quicker and technicality-free alternative dispute resolution mechanism than litigation. This paper examines some aspects of the law and practice of commercial arbitration in Nigeria under the arbitration and conciliation act 1990. In particular, it examines the law and practice of commercial arbitration relating to arbitration agreements, appointment of arbitrators,...

Author(s): Gogo George Otuturu

August 2014

Conflict as a propelling instrument of change and continuity: The Ilorin example

  As philosopher says that change is the permanent phenomenon in life, so, conflict has been identified as the propelling agent. It thus explains why these natural phenomena have been employed to discuss the historical experience in a part of Africa. Ilorin is one of the capitals of states (Kwara State) in Nigeria. It is located on latitude 80-30 north and longitude 40-35 east. As frontier to both the...

Author(s): Omoiya S. Y.

June 2014

The United Nations Security Council Resolution 1373: An appraisal of lawfare in the fight against terrorism

This article reflects on and appraises the recent preventive approach to terrorism which is of a varied nature and which has to do more particularly with the United Nations (UN) Security Council Resolution 1373. The resolution is relatively new, yet it shows the way forward in tackling the menace of terrorism. It clearly points out areas where efforts should be geared towards if the fight against terrorism would be won....

Author(s): G. N. Okeke

June 2014

Factors leading to squatter problem in Rift Valley Province in Kenya

The land problem in Kenya has many faces, one of which is the Squatter Problem. Kenya is primarily an agricultural economy. Approximately 75% of Kenya’s population is employed in the agriculture sector, hence the issue of land becomes core and delicate. The objective of the study was to investigate the factors leading to landlessness in Kenya and it paid special attention to the Rift Valley Province. Specifically,...

Author(s): Omboi Bernard Messah and Lucy Gachaba M.

June 2014

Terrorism, the subaltern, and the politics of recognition: Rethinking Hegel and Honneth

This essay begins by analyzing how Hegel and Honneth’s theory of recognition would seem to lend support to insurgent terrorists’ struggle for the right to self-determination. Insurgent terrorism looks like a concretization of what Honneth calls the moral protest of the oppressed against the powerful. Insurgent terrorism also resembles the politics of recognition in that it challenges the legitimacy of the...

Author(s): Sinkwan Cheng

May 2014

Code of conduct tribunal proceedings and related constitutional issues

Servants of the public are themselves masters of themselves. The striking paradox of consequence of corruption has placed a high degree of proof on public officers who retain the level of fairness that match with the degree of the onus. The issue of corruption is not restricted to the dark hallways of government offices but officers who are under duty to enhance the society have rendered in tatters the entire sacrosanct...

Author(s): Aigbokhan E. President

May 2014

Determinants of jurisdiction in arbitral proceedings for construction contract dispute resolution in Nigeria.

Well known to construction industry contracts are disputes such as unresolved claims and are inimical to achieving project objectives. This has attracted provision of dispute resolution clause in contractual agreements such as Arbitration clause aimed at resolving any emerging dispute. However, the issue of challenge of jurisdiction (powers) of the arbitrator(s) remains a reoccurring determination in Nigeria courts....

Author(s): OJO, Ademola Eyitope

May 2014

Essential elements of human rights in Buddhism

Broadly speaking elements and principles of human rights are incorporated in teachings of the most religions of the world including Buddhism. Notion of a right is very much there in Buddhism. The elements incorporated in social message of Buddha are part and parcel of modern day principles of human Rights incorporated in many international declarations, covenants, protocols and constitutions of most of the countries of...

Author(s): Uttamkumars Bagde

April 2014

Women, law, and human rights in Cameroon: Progress or status quo?

This paper assesses what progress there is in Cameroon regarding women’s statuses.  Based on a qualitative strategy, the paper examines laws that are in place to address women’s plight in the country.  The paper argues that while progress is being made on some levels, the status quo, that is, female marginalization is still entrenched in other facets. The paper advances recommendations for creating...

Author(s): Victoria M. Time

April 2014

An appraisal of the Protection of Copy Right under International Law

The increasing number of creators who publish their works has led to an increase in copyright violations and a pressure on copyright legislation. It is herein argued that as copyright becomes prohibitive, social norms, domestic cultural and economic diversity consideration as well as the values of the copyright holder tend to dominate so that using domestic norms to generate international norms would more easily permit...

Author(s): G. N. Okeke and Kennet Uzor

April 2013

Status of human rights in democratic setup: Experiences from Kashmir

Democracies empower people to make decisions. Consequent upon the ideal impressions of Democracy, there ought to have been no scope for the human rights violation in a democratic society. But once we introspect the society of Kashmir (in India), the realistic form of democracy is lagging.  Over the past two decades, in particular, the suffering of the Kashmiri people has reached an indescribable intensity...

Author(s): Mohmad Saleem Jahangir and Aneesa Shafi

April 2013

Contested authorities alternatives to State law and order in post-conflict Guatemala

This study analyzes the contested authorities that deal with land and criminal conflict in the Ixil Region of Guatemala. We studied the local laws, customs and actors governing the use of violence, conflict resolution and justice. Actors included indigenous NGOs, individual leaders (community and municipal), youth gangs, armed security patrols, and organized criminal networks. Findings suggest that the Guatemalan State...

Author(s): Ami C. Carpenter, Anu Lawrence and Milburn Line

February 2013

Elements of jurisprudence in Archbishop Okeke’s ‘person-optimism’ theory in legal defense of human dignity

It is in the hermeneutics of theories that the relevant foundations of socio-political and even legal progress may be established. Theories themselves are either directly postulated by their originators, or are espoused from the thoughts of great thinkers as in the present case where we try to read the ‘person-optimism’ theory into Archbishop Valerian Okeke’s thoughts and attitude to the dignities of...

Author(s): Maurice Okechukwu Izunwa

February 2013

A feminist inquiry into intimate partner violence law, policy, policing, and possible prejudices in Alaska

Intimate partner violence (IPV) correlates to patriarchal attitudes and disproportionately affects women. Previously, feminists fought IPV by using the criminal justice system. Now, feminists are examining the criminological data, and questioning whether the criminal justice system treats IPV with patriarchal attitudes and paternalistic policies that further diminish the power of women while continuing to favor...

Author(s): Carmen M. Cusack

February 2013

Laws against caste discrimination and their rampant violations in Indian scenario

Indian Society is full of caste discrimination. In spite of several anti caste discrimination laws and provisions, violations are regular than exceptions. Due to its alarmity, world over and particularly India, even UN is making efforts to combat caste discrimination practices still faced by untouchables of India and elsewhere. India is even failing to uphold existing laws against caste discriminations and violations of...

Author(s): U. S. Bagde

January 2013

High seas high-ways: Safety and security

In contemporary times, the subject of maritime security is no longer a traditional concern of naval forces but has evolved into a grave problem with cause and effect on shipping industry and states. The laws related to piracy, maritime terrorism and open registry system (flag of convenience) seem to be inadequate and even unclear. The security measures adopted by states under the directions of International...

Author(s): Sanjeet Ruhal

January 2013

An appraisal of polygyny and reproductive rights of women in Nigeria

This article was guided by the identification of the challenges caused by polygyny as it relates to the reproductive health rights of women in Nigeria. Reproductive rights are not matters of choice but they are matters of life and death. Many women have died as a result of maternal morbidity and maternal mortality because they could not make informed right choices about when and how to have children. According to The...

Author(s): Omolade Olomola

December 2012

Leveraged buyout analysis

This paper provides information in regard to the nature of the leveraged buyout and indicates the positive and negative results of the leveraged buyout operation. To help the better understanding, the author has made the comparative study in respect of UK, USA, and India. Also, this paper has analyzed the mechanism of leveraged buyout by giving the case studies of various leveraged buyouts to value the performance of...

Author(s): Pooja Tripathi

December 2012

Peace and development in Nigeria: The amnesty experience in the Niger Delta of Nigeria

Resulting from the harsh federal government policies since the discovery of crude oil in the Niger Delta region of Nigeria in 1956, about 20 separate militant groups emerged to disrupt oil pipelines and kidnapped the oil workers. It peaked in 2008 and literally “forced” the government to reverse its policy of counter-insurgence to that of amnesty on 4 October, 2009 for the Niger Delta militants. The amnesty...

Author(s): Ambily Etekpe

November 2012

Court-administered mediation in Jammu and Kashmir: A problem-solving machine with an adversarial search engine

Alternate dispute resolution (ADR) is assuming significance worldwide and the adversarial system of justice delivery is embracing it and substantially incorporating its features. Mediation as an ADR is not a rehearsal trial in front of a judge but a dialogue process to capture parties’ insights and ideas in a dispute that help them to identify and shape their preferred outcomes. ADR procedures need to retain their...

Author(s): Dar Mohammad Ayub

November 2012

Attitude of the Nigerian Supreme Court to commercial arbitration in retrospect: 2001-2010

Arbitration has been in the Nigerian legal system for almost a century. Its relationship with the courts has fluctuated from time to time ranging from suspicion and opposition to open support for same. This article examines the attitude of the Nigerian Supreme Court to arbitration by reviewing the only four cases that have come up on appeal from 2001 to 2010. Different issues arose in the cases under review and a...

Author(s): Alero E. Akeredolu

April 2012

Politics in Muslim Friday Prayer: Jurist Qâdîkhân (d. 592/1195)

This essay aims at extracting the interrelation of Muslim Friday congregational prayer with politics, as reflected in Islamic jurisprudence with special reference to Hanafî jurist Qâdîkhân. This study also aims at demonstrating, in general, the juristic political thought about the secularity and religion in the Islamic governmental organization. Political literature which composed independently...

Author(s): Niyazi KAHVECI

April 2012

The post 1991 ‘inter-ethnic’ conflicts in Ethiopia: An investigation

The purpose of this research was to investigate the main causes of the post 1991 ethnic conflicts in Ethiopia based on secondary data. The theoretical ground of the study was the instrumentalist paradigm which claims that ethnic conflict is a clash between rational agents over scarce resources. Accordingly, the research has established that the post 1991 ethnic conflicts in Ethiopia consisted of multifaceted variables...

Author(s): Lubo Teferi

March 2012

Legitimacy, legitimation and succession in Nigeria: An appraisal of Section 42(2) of the constitution of the Federal Republic of Nigeria 1999 as amended on the rights of inheritance

The concept of “legal pluralism” exists in Nigeria wherein three systems of law are simultaneously in operation. The interactions between these systems of law with respect to a common subject matter have resulted in serious internal conflicts of laws and human rights issues. The interactions between common law, statutes and customary law on the subject of legitimacy and legitimation offer a more complex...

Author(s): Paul Okhaide Itua

March 2012

Civil jurisdiction of the high court of the United Republic of Tanzania: A critical comment on the amendment made by Act no. 25 of 2002 and its impact on the pecuniary jurisdiction of the High Court

There have been debates on the bench and bar on the civil jurisdiction of the High Court of the United Republic of Tanzania, particularly the pecuniary jurisdiction. On the bench, the debates have been developed by the Honorable Judges of the Court itself. The basis of the debates is the amendments brought by Act No. 25 of 2002, the written laws (miscellaneous amendments) Act, which, inter alia, amended the...

Author(s): Marwa Maridadi Phanuel

February 2012

How ownership of penal history was lost: An anti synthesis of modern criminal law

Some writings in philosophy of history, legal sociology, law and economics have speculated, with more or less academic rigor, that history of crime and punishment might be synthesized and explained in a short sentence. From Marx to Durkheim, these thinkers seem to believe that penal evolution merely translates a political expression of power. But by changing the scholarly point of view, one might just see the exact...

Author(s): Sacha Raoult

February 2012

Soleilmavis’ case summary on mind control torture and abuse

One of the twenty-first century’s greatest violations of human rights is the proliferation of mind control technologies and their accompanying abuse and torture. The author, Soleilmavis Liu, is one of thousands of innocent victims across the globe, who has become an activist for their freedom. Mind control technologies are weapons which use electromagnetic waves to hijack a person’s brain and nervous system...

Author(s): Soleilmavis Liu

January 2012

An analysis of identity theft: Motives, related frauds, techniques and prevention

This paper is a conceptual review of the major crimes leading to ID fraud and losses of millions of dollars for business and people in the world every year. The paper provides a review of the unique effective techniques for sustainable development of prevention methods that have been offered to people and business. In addition, the paper reviews literature and summarizes the most effective ways for people and business...

Author(s): Ali Hedayati

January 2012

The sociological analysis of prison: Costs and consequences

Prison as one of society institutes and organizations contains a group of people and a chain of incidents necessarily happens inside it. To become familiar with the incidents happening all the time in this small social unit and with its related consequences, the identification of its culture, economical, social, and behavioral, pathology dimensions is necessary. Studies show that before the management of jails begins...

Author(s): Reza Ali Mohseni

November 2011

Growing crimes against Dalits in India despite special laws: Relevance of Ambedkar’s demand for ‘separate settlement’

One of the major steps the independent India took in protecting the rights and dignity of Dalits was the enactment of special laws. Despite over sixty years of implementation of such laws and many developmental measures, atrocities against Dalits continue unabated. Quoting extensively from the government data on crimes against Dalits, this article logically argues the relevance of ‘separate settlement’ for...

Author(s): A. Ramaiah

  • Article Number: 2F95A1F7733

November 2011

The function of indigenous law in a modern economic and political state: The Cameroon scenario

Using Cameroon as a case study, this research examines if a legal system built primarily upon indigenous laws can serve modern economic, political, and social realities. Indigenous laws have several attractive advantages (such as expediency in dispute resolution, and fostering community cohesiveness), and may fully thrive in a homogenous society. However, after examining the realities in Cameroon, the study concludes...

Author(s): Victoria. M. Time

  • Article Number: 14007467734

October 2011

Legalisation versus instrumentalisation: United States, international law and world politics

International law institutionalises norms, behaviour expectations and obligations for state and non-state international actors, regulates their behaviour, and offers some justice to victims of state and non-state actions and processes. It creates a semblance of international realm of law-abiding actors. This law, however, is affected by the United States’ (US) dominant position: the US uses informal channels to...

Author(s): Sabastiano RWENGABO

  • Article Number: 0CCD3A57729

October 2011

Mediation within Irish construction industry: Identifying success factors for appropriate competencies and processes

The construction industry notoriously excels at dispute creation both in Ireland and abroad. This paper examines mediation in the Irish construction industry as a means of conflict and dispute resolution. It aims to identify success factors for appropriate competencies and processes required by mediators and other parties operating in the construction industry. Methodology includes a thorough review of the literature,...

Author(s): John P. Spillane, Lukumon O. Oyedele, Evelyn Hande, Jason Von Meding, Ashwini Konanahalli , Babatunde E. Jaiyeoba and Iyabo K. Tijani  

  • Article Number: 1A367157732

September 2011

Neutrality and the European Union: The case of Switzerland

Switzerland remains a neutral state outside of the European Union (EU). This paper examines realist, liberal, and constructivist theories of neutrality to explain Switzerland’s unwillingness to join the EU after the cold war. Five other neutral states have decided to participate in the EU while maintaining their neutrality. The continued Swiss reluctance is best explained by a historic identity that the Swiss...

Author(s): Kate Morris and Timothy J. White

  • Article Number: 5E227687720

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