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
March 2012
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...
How ownership of penal history was lost: An anti synthesis of modern criminal law
February 2012
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...
Soleilmavis’ case summary on mind control torture and abuse
February 2012
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...
An analysis of identity theft: Motives, related frauds, techniques and prevention
January 2012
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...
The sociological analysis of prison: Costs and consequences
January 2012
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...
Growing crimes against Dalits in India despite special laws: Relevance of Ambedkar’s demand for ‘separate settlement’
November 2011
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...
The function of indigenous law in a modern economic and political state: The Cameroon scenario
November 2011
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...
Legalisation versus instrumentalisation: United States, international law and world politics
October 2011
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...
Mediation within Irish construction industry: Identifying success factors for appropriate competencies and processes
October 2011
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,...
Neutrality and the European Union: The case of Switzerland
September 2011
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...
Information resources availability and utilization in the legislative process by lawmakers in Edo State
September 2011
This study is aimed at finding out information resource availability and utilization in the lawmaking process by lawmakers in Edo State. A survey research design was used in the study with questionnaire as instrument for data collection. The result revealed that not all lawmakers use the library because it is not automated and lacks relevant and recent information materials that can meet the information needs of...
Succession under Benin customary law in Nigeria: Igiogbe matters arising
September 2011
Succession under Benin customary law in Nigeria is governed by the principles of primogeniture. In other words, the concept of male succession prevails with little modification among the Benin people of Mid-Western Nigeria. The Igiogbe, which represents the family seat or the principal house of the deceased, is customary inherited by the eldest surviving son of the deceased after the performances of the second burial...
Indirect expropriations in the jurisprudence of the Iran-United States Claims Tribunal
July 2011
The country of Iran was a powder keg of social unrest in the late 1970’s as the regime of Shah, backed by United States, was on the brink of collapse. The world looked on as the government collapsed and the Islamic regime took over. Part of the new regime’s anti-American strategy was to freeze all U.S. assets in Iran, as well as takeover western businesses. Investors were left with no recourse and massive...
Barriers to transnational human rights litigation against transnational corporations (TNCs): The need for cooperation between home and host countries
July 2011
Till date, the enforcement of international human rights law has been relied largely on judicial remedies at the national level. This is more specifically for corporate human rights violation cases where a remedy mechanism to hold transnational corporations (TNCs) directly liable at the international level is absent. Transnational litigation has been increasingly utilized by victims of corporate-related human rights...
Democracy for the few: How local governments empower cops at citizens’ expense
May 2011
This article shows how political elites empower police officers at the expense of those they purport to serve. In the process, the actions of political elites and police officers serve to weaken democracy rather than strengthen it, thus undermining the widely promulgated ideal that the United States government is a government of the people, by the people and for the people. Key words: Police officers,...
Factors influencing job satisfaction of banking sector employees in Chennai, India.
May 2011
The term job satisfaction has been conceptualized in many ways. Job satisfaction focuses on all the feelings that an individual has about his/her job. It has been assumed by organizational behavior research that individuals who express high satisfaction in their jobs are likely to be more productive, have higher involvement and are less likely to resign than employees with less satisfaction. It has been already studied...
Re-invoking the African youth charter in policy making at the state government level in Nigeria
April 2011
The central focus of this paper is the domestication of the African Youth Charter, which reflects a tradition of social contract between the governor and the governed. In a long run, some afflictions of some global acceptable and agreed norms may be introduced on fundamental human rights, millennium development goals and the New Partnership for African Development (NEPAD) were necessary in order to justify the reason...
Somalia conflict: An African indigenous approach towards a peaceful resolution
April 2011
Generally, Africa has been characterized by chronic conflicts which are largely attributed to colonial legacies, repressive regimes, disastrous economic and political policies, systematic disregard of human liberties, institutionalized corruption and on-going civil wars. The causes of the lingering crises in Somalia are not far-fetched from those enumerated above. The complete breakdown of law and order in Somalia stem...
Ventures into the minefield: Equity, fairness and no defence for restraint of trade
March 2011
The constitution of the Republic of South Africa 108 of 1996 has an influence on the development of private law and specifically the law of contract. The Constitution imposes on every court, tribunal or forum a positive duty. The court must develop the common law in accordance with the Bill of Rights and the values underlying it, and that means that the common law must be tested against those values. Our present law of...
European commission’s plan D for democracy, dialogue and debate: The path towards deliberation?
February 2011
A number of authors in the past two decades emphasised that the problem of “democratic deficit“ in the European Union could be solved by application of the principles of deliberative democracy. However, the notion of “deliberation’’ has not become the part of the EU policy and discourse until 2005. The problem of “democratic deficit’’ is officially recognised by European...
Internal rules of the extraordinary chambers in the courts of Cambodia (ECCC): Setting an example of the rule of law by breaking the law?
February 2011
This paper encapsulates an in-depth examination of the legality of the authority invoked by the Extraordinary Chambers in the Courts of Cambodia (ECCC) to create a set of rules of procedure and evidence known as the Internal Rules (IRs). In the void of public information pertaining to the ECCC’s rationale for creating the IRs, this paper, in part, seeks to reconstruct the relevant judicial arguments and, to the...
Facing with office and judiciary formalities in the field of prevention due to forge governmental documents’ crime
February 2011
One of the most important crimes against public trust and tranquility is forgery. To forge official and government documents that is to say, the documents which is to be regulated by officials in order to their legal duties, because of it's proper credit and worth and also having a stronger feedback proportionate to common documents, causes to be called intensified forgery and legist labors are going to prevent...
Successful interventions in internal conflicts: A framework
January 2011
This article discusses factors contributing to successful third-party interventions in internal conflicts, dominating the ‘post-cold war’ era as the principal sources of current conflicts. It suggests that peacekeeping is a necessary strategy when violence breaks out between the parties, since without reducing physical violence, it is impossible to manage and resolve the conflict. Yet once peacekeeping...
The impact of customary laws on inheritance: A case study of widows in Urban Uganda
January 2011
This study explores the ways in which widows in Kampala, Uganda are deprived of homeownership upon the death of their husbands. Homeownership through inheritance usually means that widows have the authority to register the home in their names and have the power to use and sell the home upon the death of their husbands. This study, which is based on life story interviews with widows in the middle-income areas of Kampala,...
Enforcing the African union peace and security framework in Burundi
October 2010
The launching of the African Union and its Constitutive Act in 2002 was seen as a milestone in the evolution of the continent’s peace and security architecture and the beginning of a promising era of Africa’s norms formulation agenda. This optimism stems from the perceived potential of the Constitutive Act in providing possibilities in confronting African internal violence. The purpose of this article...
Conflict situations in emergency medical care provision
October 2010
There is an increasing number of emergencies both globally and in Russia particularly. Emergencies are likely to bring about complex situations that will influence the process of medical care arrangement and provision. Officers of the ministry of emergencies working abroad quite often get into conflict situations related to cultural differences. The majority of officers of the ministry of emergencies had to face various...
Legal framework and harmonization of ADR/ODR methods
August 2010
Quantitative and qualitative benefits are emerging from ADR/ODR methods but the lack of legal and technical interoperability, the uncertainty about the value of the outcomes obtained through these methods, and the proliferation of many heterogeneous and fragmented practices, regulations and rules, especially in cross border disputes, do not contribute to creating an atmosphere of trust. Mindful of the proven usefulness...
The barriers approach to the Palestinian-Israeli peace process
August 2010
Social conflict is constantly changing in scope, dynamics and pattern. Clashes between nation-states become obsolete while internal rifts within sovereign entities escalate rapidly to local and regional strife. The changing nature of disputes around the world stimulates new emphases and foci in conflict research. One of the novel shifts of interests is why conflicts endure and linger, or what prevents antagonists from...
Crisis perception in decision making: An innovative conceptual framework and its application in disaster relief
June 2010
Decision making is the most vital stage in the public policymaking, especially when decision makers face crises. There is a rich theoretical literature and dense theory buildings on decision making in politics as usual, but little is empirically understood how perception of crisis decision-making is shaped. This paper focuses on the stage of decision making in face of crisis. I develop an innovative conceptual framework...
A critical appraisal of the doctrine of obligation in international law
June 2010
In terms of politics, obligations are requirements which must be fulfilled and these are generally in the form of legal obligations, which incur a penalty for lack of fulfilment, although certain people are obliged to carry out certain actions for other reasons which may be based on traditional or social idiosyncrasies. This paper is an attempt at x-raying the major schools of thought as well as the basis of obligation...
Understanding the relationships between local court system and restorative justice in contrast to the International Criminal Court (ICC)
May 2010
The article aims to compare the role that the International Criminal Court, as opposed to local courts is able to play in providing restorative justice in post-conflict societies. The author examines in detail the experience of the Rwandese ‘Gacaca’ courts, in order to demonstrate that local courts achieve better results than international or Western-biased criminal courts. The article further raises...
More conciliation and less punishment: Demanding a public choice
May 2010
The author argues that if societies wish to promote reconciliation and restoration in criminal matters, for which there are excellent reasons, the criminal codes need to be changed so as to allow for the procedures aimed at such reconciliation and restoration. Restorative justice and punitive justice fundamentally exclude each other both in the theoretical and political conception of aims and in procedural terms. The...
Fair trial vis-Ã -vis criminal justice administration: A critical study of the Indian criminal justice system
April 2010
Every civilised nation must have one thing common in their criminal justice administration system that is minimum fair trial rights to every accused person irrespective of his or her status. It is settled in common law and also adopted by other countries too that criminal prosecution starts with ‘presumption of innocence’ and the guilt must be proved beyond reasonable doubt. This paper proposes to...
The detrimental crime of abortion: A comparative study between Malaysian law and common law
March 2010
Although procreation is considered as the most important function of marriage, millions of women use some means of contraception and even resort to abortion. Medical reasons constitute only a small proportion of the actual number of cases and the rest being for social and other reasons. Islam places great value on human life. Any attempt to take it away in any stages is a heinous crime. This research will discuss the...
Withholding treatment from disabled newborns and its effect on the right to life in Nigeria
March 2010
The ultimate aim of medical treatment is to provide benefit for the patient and such treatment should not be prolonged if it cannot achieve this aim. Remarkable advances in neonatal care now make it possible to sustain the lives of many newborn infants who several years ago would have died in the first days or weeks after birth. Not all newborns fare well. Some infants with low birth weight or severe defects cannot...
Investigating the nature of investor’s grievances and assessing the role of the grievance redressal agencies
March 2010
The present study seeks to examine the nature of investor’s grievances and assessing the role of grievance redressal agencies. The respondents were selected by convenient random sampling technique in Valsad district of Gujarat State. The relevant data on the investor’s demographic profile, knowledge about various grievances, awareness about the functions of various grievances redressal agencies, loading of...
Academic freedom and higher education regulations. Spanish universities before the European systems
February 2010
The new university model leads against the right to education and teaching freedom. It is not a matter of theoretical working model, based upon technical argumentations, but an ideological model, leading for upper social classes' interests (great investors' ones). University business not being profitable to those interests must be destroyed. In order to do that, we successfully got divided and tend to believe...
Malay customary tenure and conflict on implementation of colonial land law in Peninsular Malaysia
February 2010
Since the independence in 1957, land tenure system in the Peninsular Malaysia (PM) has changed. The land law and regulations have been frequently amended so that the provisions and rationale of the laws can be properly understood and continuously evaluated to suit the current requirements. This paper review the Malay customary land tenure and the development of colonial land system, which has be examined through its...
Media warfare content analysis of the conservative and alternative media during the Bukit Selambau Malaysian by-election
January 2010
This paper discuss on the role of the media in the context of warfare that was brought by the conservative mass media as well as the alternatives during the N 25 DUN Bukit Selambau, Malaysia by-election timeframe. The main idea of this study is to analyze the role of conservative and alternative media during Malaysia’s 2009 by-election. It should be noted that the types of media that were selected in this...
Understanding benefits of alternative dispute resolution (ADR) in the work place mediation
January 2010
The purpose of this article is to explore the benefits of Alternative Dispute Resolution in the work place mediation. ADR is a process and procedure that provides alternatives to adjudicated settlement and institutional framework of conflict. It is revolutionizing the whole court system in many countries, although most people are not committed to it. A trusted judicial structure is of importance to the legitimacy...
Some lessons from the White Rajahs of Sarawak: Identifying and strengthening local capacities for peace in the deep South of Thailand
November 2009
The present paper explores some of the lessons that can be learned from the reigns of the first two Rajahs of the Brook dynasty of Sarawak. They ruled over a realm populated by Malays, Dyaks, Chinese and Europeans with great wisdom and skills. Rajahs James Brooke and Charles Brooke both identified important local capacities for peace and strengthened them so as to keep their multiethnic state together. Comparing and...
Nepal: Federalism for lasting peace
November 2009
Many studies have been conducted on the causes and consequences of Nepal’s conflict. Given the current peace, proposals on federal restructuring, mostly based on ethnic sub-divisions of the country, are rife. Federal restructuring of the country, it is believed, will be instrumental in power sharing and peace in the long run. It is also believed that federalism will promote inclusive development by...
Reforming tax polices and revenue mobilization promotes a fiscal responsibility: A study of East and West African states
October 2009
The primary objective of this paper is to prepare a case study on tax policy reforms and its impact, with the specific objectives of examining the main tax reforms of Ethiopia; Kenya, Uganda and Ghana. It views tax policy from a variety view points, which focuses on broad based of tax revenues and on designing certain selected major taxes, This paper will cover the theory of fiscal responsibilities ...
Malaysia’s policy towards its 1963 - 2008 territorial disputes
October 2009
Malaysia has a number of territorial disputes such as Sipadan-Ligitan, Batu Puteh, Limbang and the Spratly Islands. So far, it had settled two of the disputes through the International Court of Justice (ICJ) that is Sipadan-Ligitan and Batu Puteh Islands. Other disputes remain outstanding and/or unsettled that is the Spratly Islands and Limbang. This paper provides an overview of the disputes and Malaysia’s...
Strategic management and improvement of the Malaysian Police from the perspective of the Royal Commission Report
September 2009
The focus of this paper is on the Royal Malaysian Police (RMP) where the issues in improving the RMP along with its problems from the perspective of strategic management in the public sector based on three important themes that is, strategy, implementation and politics were addressed. The discussion draws substantially from the Report of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia...
An examination of the legal rights of surgical patients under the Nigerian laws
September 2009
With the passing of the Universal Declaration of Human Rights, 1948 and signing of the International Covenants on Civil and Political Rights, 1966 and the Economic, Social and Cultural Rights, 1966, there has been a global emphasis on human rights. The issue of patients’ rights has also been brought to prominence with the advent of modern technology and the availability (and use) of artificial measures to prolong...
Management and conflict aspects of waters between Palestine and Israel
September 2009
Palestine utilizes four groundwater basins, three of which are transboundary or shared waters. Palestine is a riparian country in the Jordan River but it is denied its water rights. Palestine and Israel signed an interim water agreement in 1995 (called Oslo II accord) and a final agreement is yet to be negotiated and signed. There is still a serious conflict between Palestine and Israel over water resources whether they...
“Agba (elder) as arbitrator: A Yoruba socio political model for conflict resolution†- A review of Lawrence O. Bamikole
August 2009
The paper is a critical review of Lawrence O. Bamikole’s paper, “Agba (elder) as Arbitrator: A Yoruba Socio-political Model for Conflict Resolution”. It challenges the fundamental assumptions of Bamikole’s paper as well as its central arguments as false interpretations, incongruent with the Yoruba worldview. Contra Bamikole, the paper argues that the capacity of the agba (elder) to...
Is Ban ki Moon heading the UN’s demolition squad?
August 2009
The United Nations failed to stop the hostilities between the LTTE and the Sri Lankan government. When thousands of Tamils were dying in the hands of the Sri Lankan state through aerial and artillery shelling for more than six months without a break, Ban ki Moon failed to stop the hostilities between the LTTE and the Sri Lankan armed forces. The UN failed to bring the perpetuators of the war crime to book. Over 280,000...
Building capacities abroad to solve conflicts at home. Preliminary remarks on the European policy of legal education and judicial training in CEECs
July 2009
A triadic structure is key to ensure the legitimacy of the judge, that is, a prototype of the mechanism of dispute settlement adopted in complex and advanced societies. In order to promote the enforcement of the rule of law in the new member States, the European Union and the Council of Europe enacted several policy instruments, all of them aiming at providing judges and prosecutors with new arenas where they...
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