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 in press

Assessing the Implementation of the Federal Supreme Court Cassation Decisions in Selected Federating Units and Federal Government of Ethiopia: Language as a Stumbling block [?]

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...

Author(s):Markos Belay

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...

Author(s):Emeka C. Adibe

A counterbalance between the unions’ right to disclosure of information and the employers’ right to the privacy or confidentiality of information

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...

Author(s):Tenza Mlungisi Ernest

Federalism in Ethiopia: Analyzing Emerging Issues Endangering Ethnic Unity in Benishangul Gumuz Regional State

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...

Author(s):Muluneh Kassa

REVISITING THE CONTROVERSIES ON THE JURISDICTION OF NATIONAL INDUSTRIAL COURT OF NIGERIA OVER LABOUR-RELATED HUMAN RIGHTS MATTERS

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,...

Author(s):MICHAEL DAMIARI

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

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...

Author(s): Sibuh Gebeyaw Tareke

The role of a legal system in the improvement of a country’s economy in relation to foreign investment

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...

Author(s):

Presidential system of government and democratic governance in Nigeria from second to fourth republics: An examination of the legal perspectives

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....

Author(s):Chukwuka Onyeaku

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...

Author(s):Leonard G. Magawa and Michelo Hansungule

PITFALLS AND IMPERATIVES FOR CLARITY IN THE CLOSEST CONNECTION PRINCIPLE: CONFLICT OF LAW RULES OF NIGERIA IN FOCUS

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...

Author(s):CHRISTOPHER ASIAFITI

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...

Author(s):Nico P. Swartz

Land Conflicts and their implications on social stability in Amuru district, northern Uganda Key words

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...

Author(s):EXPEDITO NUWATEGEKA

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...

Author(s):Adisa

NEGATING THE PROMOTION OF HUMAN RIGHTS THROUGH “CLAW-BACK” CLAUSES IN THE AFRICAN CHARTERON HUMAN AND PEOPLE’S RIGHTS

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...

Author(s):Loveness Muyengwa

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...

Author(s):RICHARDS U. EKEH

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...

Author(s):Yohannes Hailu Tessema

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