Article in Press
This study, by using a qualitative research methodology, besides determining the degree of implementation of the Federal Supreme Court Cassation Decisions (hereinafter, FSCCDs) in selected federating units, and federal level, primarily targets to examine the effect of the language of their publication on their level of implementation. Accordingly, it argues that the extent of implementation of FSCCDs is not to the required...
TOWARDS A NEW APPROACH TO DEALING WITH TERRORISM AS AN INTERNATIONAL CRIME
Article in Press
This essay 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 to...
Article in Press
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...
Article in Press
Federalism as a political idea is very important instrument to reconcile the principles of unity (shared-rule) and diversity (self-rule) typically in multi-national states. However, it is not a universal remedy for all challenges of ethnic diversity rather it has considered to be a means to achieve the end. The very objective of this paper is to critically analyze the emerging issues threatening the ethnic unity in...
Article in Press
The advent of the Third Alteration Act ushered into the Nigerian corpus juris fundamental provisions which inter alia laid to rest the long jurisdictional debacle over the scope of the powers of the National Industrial Court (NIC) on labour-related human rights matters. By the said amendment, the National Industrial Court was empowered to entertain fundamental rights action arising from labour-related matters. However,...
Article in Press
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...
Article in Press
This paper examines the role of a legal system in the improvement of a country’s economy in relation to foreign investment. The study adopted the descriptive and analytical design, using the doctrinal methodology. It analyses the thematic problem of the investment climate issue in Nigeria, improvement in the mechanism for the resolution of investments arbitrations in Nigeria and the expropriation in foreign investment and...
Article in Press
This paper examines the legal perspectives of Presidential system of government and democratic governance in the second to fourth Republics of Nigeria. It reviews the legal concepts of Presidential system, democracy, governance and civil rule. The features of presidential system and democratic governance, the characteristics of the system, advantages and disadvantages of presidential and parliamentary systems are examined....
Unlocking the Dilemmas: Women’s Land Rights in Tanzania
Article in Press
In this article, a brief overview of how women’s land rights are protected in Tanzania is provided. The overview of the legal framework presented in this article focuses on four main areas of law: property law, inheritance law, matrimonial law, and human rights law. The rationale for presenting these areas of law is to underscore the context under which women’s land rights are protected in Tanzania. On one side, the...
Article in Press
This paper evaluates the claim of “certainty and flexibility” associated with the most significant connection principle. The principle allows a forum court to apply the law of the state which is closest to the transaction. This occurs whenever parties to an international transaction fail to stipulate an applicable law in the event of any dispute. It is contended that this practice does not remove the burden of considering...
WOMEN’S REPRODUCTIVE RIGHTS: A JUDICIAL RHETORIC TOWARDS A PRIVACY JURISPRUDENCE
Article in Press
A women’s reproductive rights or abortion decisions are complex and riddled with moral considerations. It is for that reason that women must be permitted to make the decision themselves. Women need the freedom to make reproductive decisions not merely to vindicate a right to be left alone, but often to strengthen their ties to others: to plan responsibly and have a family for which they can provide, to pursue professional...
Article in Press
Land conflicts are threatening the relative peace that is prevailing in northern Uganda after twenty years of war characterized by displacement of more than two million people. The paper investigated the causes of land conflicts, how they have affected society, and the mechanisms that have been employed to resolve them. A questionnaire was used to collect data in rural communities about the prevalence, causes and...
JUDICIAL CORRUPTION IN NIGERIA: HISTORY, CAUSES, CONSEQUENCES AND REMEDIES
Article in Press
Judicial corruption is one of the greatest obstacles to development in most developing countries of the world especially in Sub-Saharan African countries. Of course, Africa is not the only continent of the world that is affected by judicial corruption, recent global reports on the integrity of the courts in Latin-America, Asia and the Middle-East indicate that corruption is still a significant impediment to the rule of law...
Article in Press
The phrase ‘claw-back” clause has often been used to refer to those provisions of the African Charter that seek to minimize or limit some of the rights guaranteed under the Charter. Consequently, the African Charter on Human and Peoples’ Rights has often been criticized for having an abundance of “claw-back” clauses, thereby compromising the realization of some human rights. A critical analysis of the criticism leveled...
THE EVOLUTIONARY TREND OF CORPORATE CRIMINAL LIABILITY AND LIMITATIONS OF CULPABILITY IN NIGERIA
Article in Press
The theory of corporate personality under the Nigerian Companies and Allied Matters Act 2010 has shown that companies are artificial entities with the attributes of natural persons. Companies are the creation of law and are, in all respects an abstraction which has no human anatomy or mind of its own but rather carries out its activities through the instrumentality of human persons. To determine the criminal intent of this...
Theoretical underpinnings of Ethiopian law of contract formation
Article in Press
The existence of mutual assent between and among contracting parties is the basic requirement for contract formation in all jurisdictions. However, there is diverging view with regard to how this mutual assent of the parties shall be determined. While some jurisdictions principally employ “meetings of minds” (subjective theory of contract) standard to ascertain the existence of mutual assent, some other jurisdictions...
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