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...
Article in Press
WOMEN’S REPRODUCTIVE RIGHTS: A JUDICIAL RHETORIC TOWARDS A PRIVACY JURISPRUDENCE
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...
Article in Press
JUDICIAL CORRUPTION IN NIGERIA: HISTORY, CAUSES, CONSEQUENCES AND REMEDIES
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...
Article in Press
THE EVOLUTIONARY TREND OF CORPORATE CRIMINAL LIABILITY AND LIMITATIONS OF CULPABILITY IN NIGERIA
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...
Article in Press
Theoretical underpinnings of Ethiopian law of contract formation
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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