The status of traditional dispute resolution institutions under the Ethiopian Legal System
October 2024
This paper examines the extent to which the Ethiopian legal system accommodates Traditional Dispute Resolution Institutions (TDRIs). To achieve this objective, the paper explores the legislative framework that governs the relationship existing between TDRIs and the formal justice system (FJS), delineating the jurisdictional mandate of TDRIs as compared to the judicial jurisdiction of regular courts. The study employs a...
International declarations and laws to mitigate gender base violence for women and men with highlights on Cameroon situation
July 2023
Laws and legislation significantly influence actions in societies to control rates of gender-based violence (GBV). Most domestic laws are developed from international declarations and conventions. This paper reviews declarations, policies, and laws enacted at international levels and ratified at national levels to mitigate GBV from a neutral perspective. Most countries ratify declarations and conventions to control GBV...
A model of cultural intelligence based on knowledge management practices and military intelligence: A comparative study between Moldova and Ukraine
February 2023
The purpose of this paper is to demonstrate that the development of Cultural Intelligence - CI through Knowledge Management - KM practices leads to Military Intelligence – MI (prediction, strategy and action). The model of CI based on KM practices and MI - CIKMMI, if applied successful, has potential to receive the United Nations Public Service Awards (UNPSA). The degree of the impact of Cultural Intelligence and...
Exploring the challenges and limits in the compliance with transitional justice norm in non-regime transitions: The case of post-2018 Ethiopia
June 2022
The last decades witnessed the emergence of transitional justice as a global norm which obliges post-conflict transitioning states to address systematic past human rights violations through purposeful judicial and non-judicial mechanisms. While its typical architecture focused on formal transitions, the dynamics of non-regime transitions and compliance is often neglected in transitional justice literature, and the...
Management of ethnic conflict in Ethiopia: The case of Amhara and Oromo ethnic groups
December 2021
This paper seeks to examine the causes and management of ethnic conflicts in Ethiopia, with a particular reference to the two major ethnic groups, the Amhara and Oromo. Ethiopia is a multi-ethnic country where various ethnic groups have lived together for millennia, in relative peace. Over the last few years, intra-ethnic conflicts have intensified. Even though the two major ethnic groups, the Amhara, and the Oromo,...
State fragility, failure and collapse in the new world order: A critical assessment of the applicability of these concepts in the case of Ethiopia, Democratic Republic of Congo and Somalia
October 2021
The idea of state fragility, state failure and state collapse emerged, since the end of the cold war in the international system particularly in developing countries. Among others, these situation strongly influenced African states with political instability, violent conflict, economic crises. As a result, political science, international organization and international relation literatures have been concerned with...
A counterbalance between the unions’ right to disclosure of information and the employers’ right to the privacy or confidentiality of information
June 2021
The issue of disclosure of information during negotiations has been a concern to both unions and employers. Unions have the right to have access to information that is in possession of the employer, while the employer has the right to refuse to disclose such information if the disclosure will affect their privacy or if the information requested is confidential and the disclosure will negatively impact on the competitive...
Towards a new approach to dealing with terrorism as an international crime
September 2020
This study is born out of the conviction drawn from Tadic case (ICTY,IT-94-1-A, 15July 1999), that legitimate judicial activity proceeds on the basis of the identification of the gap or ambiguity in the law that must be resolved in the interests of justice. Terrorism has come to stay. But be it as it may, controversies exist within both domestic borders and international fora about its definition and the best strategies...
Human rights perspectives of Indian Dalits
September 2020
Indian institution of inequality is elaborately constructed in the form of caste system which has been in existence since ancient times. Dalits are traditionally lower caste people who are regarded as untouchables and are discriminated socially, economically and politically. Their human rights are regularly violated. Recent cases of Dalit human rights violations include, Jat -Dalit violence case killing 3 Dalits and 13...
Critical appraisal of the Ethiopian Reconciliation Commission: A comparative study
January 2020
This paper examined the Ethiopian Reconciliation Commission establishment proclamation with a view to assessing the Commission’s probable effectiveness to attain its short, medium and long-term goals as a transitional justice accountability measure. For the purpose of critical appraisal, different factors which appear in the literature to be crucial to the effectiveness of truth commissions such as selection,...
Conspicuously absent: Women’s role in conflict resolution and peace building in northern Uganda in the context of United Nations resolution 1325
January 2020
The study, Conspicuously Absent: Women’s Role in Conflict Resolution and Peace Building in Northern Uganda in the Context of United Nations Resolution 1325. The research was carried out in war ravaged Acholi sub region covering the districts of Amuru, Gulu, Kitgum and Pader because they are located in the centre of Northern Uganda conflict between the Government and the rebels commonly known as the Lord’s...
The contentious relationship between Africa and the International Criminal Court (ICC)
June 2018
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...
Estimating the impact of state government spending and the economy on crime rates
February 2018
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,...
Administration of Justice in Nigeria : Analysing the Dominant Legal Ideology
January 2018
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...
Management of transboundary natural resources
November 2017
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...
Assessing the efficacy of alternative dispute resolution (ADR) in the settlement of environmental disputes in the Niger Delta Region of Nigeria
August 2017
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...
Trademark dispute settlement in Malaysia: A comparative analysis with the TRIPS and the Paris convention
July 2017
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;...
Corporate responsibility for environmental crime in Indonesia
June 2017
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,...
An appraisal of the regulatory framework for the protection of consumers in the communications sector in Nigeria
November 2016
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....
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
January 2016
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...
A critique of certain aspects of the grounds, procedure and reliefs attaching to customary divorce law in Southern Nigeria
November 2015
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...
The review of the constitutional amendment procedure and presidential assent in Nigeria
October 2015
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:...
Media censorship: Freedom versus responsibility
August 2015
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;...
Obstacles facing international commercial arbitration
July 2015
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...
Consumers’ protection in India in changing economic scenario
March 2015
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...
Considerations in addressing an internal revenue service audit of an individual taxpayer in the United States
January 2015
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...
Relevance of Mary Kaldor’s ‘new wars’ thesis in the 21st century
September 2014
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...
Conflict as a propelling instrument of change and continuity: The Ilorin example
August 2014
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...
Some aspects of the law and practice of commercial arbitration in Nigeria
August 2014
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,...
Terrorism, the subaltern, and the politics of recognition: Rethinking Hegel and Honneth
June 2014
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...
The United Nations Security Council Resolution 1373: An appraisal of lawfare in the fight against terrorism
June 2014
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....
Factors leading to squatter problem in Rift Valley Province in Kenya
June 2014
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,...
Essential elements of human rights in Buddhism
May 2014
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...
Determinants of jurisdiction in arbitral proceedings for construction contract dispute resolution in Nigeria.
May 2014
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....
Code of conduct tribunal proceedings and related constitutional issues
May 2014
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...
An appraisal of the Protection of Copy Right under International Law
April 2014
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...
Women, law, and human rights in Cameroon: Progress or status quo?
April 2014
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...
Contested authorities alternatives to State law and order in post-conflict Guatemala
April 2013
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...
A feminist inquiry into intimate partner violence law, policy, policing, and possible prejudices in Alaska
February 2013
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...
Elements of jurisprudence in Archbishop Okeke’s ‘person-optimism’ theory in legal defense of human dignity
February 2013
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...
Laws against caste discrimination and their rampant violations in Indian scenario
February 2013
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...
An appraisal of polygyny and reproductive rights of women in Nigeria
January 2013
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...
High seas high-ways: Safety and security
January 2013
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...
Peace and development in Nigeria: The amnesty experience in the Niger Delta of Nigeria
December 2012
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...
Leveraged buyout analysis
December 2012
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...
Attitude of the Nigerian Supreme Court to commercial arbitration in retrospect: 2001-2010
November 2012
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...
Court-administered mediation in Jammu and Kashmir: A problem-solving machine with an adversarial search engine
November 2012
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...
Politics in Muslim Friday Prayer: Jurist Qâdîkhân (d. 592/1195)
April 2012
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...
The post 1991 ‘inter-ethnic’ conflicts in Ethiopia: An investigation
April 2012
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...
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
March 2012
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...
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