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Article

Delegated Legislation in Nigeria: The Challenges of Control

Journal European Journal of Law Reform, Issue 3 2015
Keywords delegated legislation, parliament, control, quality, parliamentary scrutiny
Authors Jemina Benson LL.M
AbstractAuthor's information

    In considering how society generally is regulated, most times focus is always on Acts of parliament that are passed by the legislative arm of government. However, delegated legislation is another aspect of law making that is of immense importance for the regulation of any given society. This form of lawmaking being a deviation from the norm has some challenges in terms of control. This article seeks to examine some of these challenges emphasising that adequate parliamentary scrutiny will prevent the harbouring of bad-quality legislation.


Jemina Benson LL.M
Jemina Benson LL.M (University of London) is a legislative drafter for Rivers State House of Assembly in Nigeria. Email: jeminabenson@yahoo.com.
Article

Indigenous Cultural Resources for Peacebuilding

Khan Abdul Ghaffar Khan’s Philosophy and Conflict in the Federally Administered Tribal Areas of Pakistan

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2015
Keywords Islam, Khudai Khidmatghar, Taliban, Pakhtuns, liberal peacebuilding
Authors Saira Bano Orakzai
AbstractAuthor's information

    Indigenous peacebuilding has introduced numerous challenges to the approach of liberal peacebuilding that is well advocated around the world. The conflict in the Federally Administered Tribal Areas (FATA) of Pakistan presents one such challenge for the local peacebuilders – whereas the implementation of the liberal peacebuilding has failed. Adopting a subaltern perspective, this article examines indigenous cultural peacebuilding resources for this conflict. Prominent among these resources is the philosophy of non-violence and self-restraint of Khan Abdul Ghaffar Khan and his Khudai Khidmatgar non-violent movement. The article discusses Khan’s philosophy and the movement it inspired, while making a case for the value of such indigenous resources in the development of culturally appropriate responses for countering militancy and violence in FATA. The article uses the writings of Ghaffar Khan together with secondary resources to suggest measures to counter the contemporary violent extremism by the Taliban and draw upon indigenous approaches to make peacebuilding more effective in FATA.


Saira Bano Orakzai
Postdoctoral Fellow, Institute for Reconciliation and Social Justice, University of Free State, South Africa.
Article

Commonalities in the English Tort and French Criminal Wrong of Defamation

Journal European Journal of Law Reform, Issue 4 2015
Keywords defamation, tort, crime, comparative, path dependence
Authors Mathilde Groppo
AbstractAuthor's information

    This article considers the extent to which the nature of the regulation – tortious or criminal – influences the substantive content of the rules in England and France. It argues that the English and French regulatory features are the result of path dependence. Consequently, while they have led to substantive differences, they do not prevent the emergence of a shared approach to the wrong.


Mathilde Groppo
PhD Candidate, King’s College London.

    The Kenyan Situation pending before the International Criminal Court (ICC) is the first situation in which the prosecutor exercised his power to initiate cases “proprio motu” under Article 15 of the Rome Statute. In the wake of the comments from the former Chief Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo, that there was political interference from foreign diplomats during the investigation stage of the cases, it is prudent to re-examine the standards provided under the Rome Statute regarding prosecutorial discretion and evaluate the prosecutorial power and how the Kenyan cases may shape this discretionary power in order to align it with the Preamble of the Rome Statute. The Preamble affirms that the most serious crimes of concern to the international community must not go unpunished. Further, that their effective prosecution must be ensured for the purposes of ending impunity for the perpetrators of international crimes and thus to contribute to the prevention of genocide, crimes against humanity, war crimes, and crimes of aggression.


Simeon P. Sungi
Associate Professor of Criminal Justice at the United States International University in Nairobi, Kenya. He is also an Advocate of the High Court of Tanzania and the High Court of Kenya. Dr. Sungi holds a PhD in Criminal Justice from Indiana University in Bloomington, Indiana; an MA in Criminology and Criminal Justice from Indiana State University in Terre Haute, Indiana; and an LLM in International Human Rights Law from Indiana University School of Law (now Robert H. McKinney School of Law) in Indianapolis, Indiana, all in the United States of America. He also holds an LL.B. Hons degree from the Open University of Tanzania. He is a former United Nations International Criminal Tribunal for Rwanda staff member. The views expressed herein are his own; ssungi@alumni.iu.edu.
Article

Accountability for Forced Displacement in Democratic Republic of Congo and Uganda before the International Criminal Court

Journal African Journal of International Criminal Justice, Issue 2 2015
Keywords Forced displacement, International Criminal Court, Uganda, Democratic Republic of Congo, reparations
Authors Luke Moffett
AbstractAuthor's information

    This article examines the challenges of investigating and prosecuting forced displacement in the Central African countries of Democratic Republic of Congo and Uganda, where higher loss of life was caused by forced displacement, than by any other. In the Democratic Republic of Congo, armed groups intentionally attacked civilian populations displacing them from their homes, to cut them off from food and medical supplies. In Northern Uganda, the government engaged in a forced displacement policy as part of its counter-insurgency against the Lord’s Resistance Army, driving the civilian population into “protected villages”, where at one point the weekly death toll was over 1,000 in these camps. This article critically evaluates how criminal responsibility can be established for forced displacement and alternative approaches to accountability through reparations.


Luke Moffett
Lecturer and Director of the Human Rights Centre, Queen’s University Belfast, l.moffett@qub.ac.uk.

    Over the last decade, Nigeria has witnessed several high-intensity conflicts. It became a country under preliminary investigation by the International Criminal Court (ICC) following allegations of serious crimes. In 2013, the boko haram insurgency was classified as a “non-international armed conflict.” Commentators appear divided over the capacity and willingness of domestic institutions to manage crimes arising from or connected with conflicts in Nigeria. Those who argue for unwillingness often point to the struggle to domesticate the Rome Statute of the International Criminal Court (Rome Statute) as one of the clearest indication that there is not sufficient interest. This article interrogates the question of seeming impunity for serious crimes in Nigeria and makes a case for domesticating the Rome Statute through an amendment to the Crimes against Humanity, War Crimes, Genocide and Related Offences Bill, 2012 pending before the National Assembly.


Stanley Ibe
LL.B. (Lagos State University, Nigeria); LL.M. (Maastricht University, The Netherlands); Postgraduate Diploma in International Protection of Human Rights (Abo Akademi, Finland). Ibe is an associate legal officer for Africa at the Open Society Justice Initiative. He writes in a private capacity.

    This article explores the politics of international criminal justice and argues that the International Criminal Court is a lieu of staged performance where actors deploy their political narratives. Using the Situation in the Republic of Côte d’Ivoire before the ICC and focusing on the pre-trial phase, I contend that the defendants Laurent Gbagbo and Charles Blé Goudé project a performance and deploy political narratives that are the extension of the politics of the Ivorian crisis, which make the Court the quintessential arena where domestic and international politics cohabit with law and rules of procedure.


Oumar Ba
Oumar Ba is a PhD Candidate in the Department of Political Science at the University of Florida.
Article

Access_open Austerity in Civil Procedure

A Critical Assessment of the Impact of Global Economic Downturn on Civil Justice in Ghana

Journal Erasmus Law Review, Issue 4 2015
Keywords austerity, small claims, civil justice, civil procedure, Ghana civil procedure
Authors Ernest Owusu-Dapaa and Ebenezer Adjei Bediako
AbstractAuthor's information

    The demand for and availability of civil justice procedures for small claims can neither be disentangled nor extricated from the health of the economic climate of the relevant country concerned. In this article, it is argued that despite not being a developed country, Ghana was not completely insulated from the hardships or implementation of austerity measures that were triggered by the global economic meltdown. The inevitability of behavioural changes on the part of the Government of Ghana as lawmaker and provider of the machinery for civil justice on the one hand and small claims litigants as users of the civil procedure on the other hand are also explored in the article. After properly situating the exploration in the relevant economic context, the article makes recommendations regarding how to minimise the impact of the austerity measures on small claims litigants.


Ernest Owusu-Dapaa
Ernest Owusu-Dapaa is Lecturer in Law at the Kwame Nkrumah University of Science and Technology, Kumasi, Ghana. Email: eodapaa@yahoo.com.

Ebenezer Adjei Bediako
Ebenezer Adjei Bediako is Principal Research Assistant at the Kwame Nkrumah University of Science and Technology, Kumasi, Ghana.

Károly Grúber
Ambassador, Hungarian Ministry of Foreign Affairs and Trade, Reader, Széchényi István University, Győr. The author took up his duties as the head of the Foreign and Security Policy Office in the Permanent Representation of Hungary to the European Union in Brussels on 1 October 2010. He witnessed and took part in the establishment of the European External Action Service.

Csaba Törő
Associate professor, Faculty of Law, Karoli Gaspar University of the Reformed Church of Hungary, Budapest.

Ágnes Bujdos
PhD candidate at the University of Debrecen Géza Marton Doctoral School of Legal Studies.
Editorial

Editor’s Note

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2015
Authors Réka Varga and Petra Lea Láncos

Réka Varga

Petra Lea Láncos

Gábor Kecskés
Research fellow, Hungarian Academy of Sciences Centre for Social Sciences, Institute for Legal Studies; senior lecturer, Széchenyi István University (Hungary), PhD. (Széchenyi István University, Hungary).

Elisabeth Kardos Kaponyi
Professor, Corvinus University of Budapest.

Anikó Szalai
Senior lecturer of International Law at the University of Szeged, Hungary.

William R. Slomanson
Professor of Law, Thomas Jefferson School of Law (USA); Visiting Professor, Pristina University (Kosovo).

Martha Bradley
Academic Associate as the Department of Public Law, University of Pretoria, South Africa.

Annelize Nienaber
Professor at the Department of Public Law, University of Pretoria, South Africa.

Ielyzaveta Lvova
PHD in law, Docent, Associate professor at National Academy of Public Administration under the President of Ukraine, Odessa, Ukraine. 2015 Award of Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany.
Article

Access_open Freedom of Religion, Inc.: Whose Sovereignty?

Journal Netherlands Journal of Legal Philosophy, Issue 3 2015
Keywords accommodation, freedom of religion, political theology, liberalism, liberty of conscience
Authors Jean L. Cohen
AbstractAuthor's information

    This article focuses on an expansive conception of religious freedom propagated by a vocal group of American legal scholars – jurisdictional pluralists – often working with well-funded conservative foundations and influencing accommodation decisions throughout the US. I show that the proliferation of ‘accommodation’ claims in the name of church autonomy and religious conscience entailing exemption from civil regulation and anti-discrimination laws required by justice have a deep structure that has little to do with fairness or inclusion or liberal pluralism. Instead they are tantamount to sovereignty claims, involving powers and immunities for the religious, implicitly referring to another, higher law and sovereign than the constitution or the people. The twenty-first century version of older pluralist ‘freedom of religion’ discourses also rejects the comprehensive jurisdiction and scope of public, civil law – this time challenging the ‘monistic sovereignty’ of the democratic constitutional state. I argue that the jurisdictional pluralist approach to religious freedom challenges liberal democratic constitutionalism at its core and should be resisted wherever it arises.


Jean L. Cohen
Jean L. Cohen is the Nell and Herbert M. Singer Professor of Political Thought and Contemporary Civilization at the Department of Political Science of Columbia University (New York) and will be the Emile Noel Fellow at the Jean Monet Center of the NYU Law School from January till June 2016.

Stephan Hobe
Professor of International Law, Director, Institute of Air and Space Law, University of Cologne.
Article

Report of the Symposium

Journal International Institute of Space Law, Issue 11 2015
Authors Carol A. Anderson and Mclee Kerolle
Author's information

Carol A. Anderson
At the Symposium, the Rapporteurs were both candidates for the Advanced LLM in Air and Space Law offered by Leiden University’s International Institute of Air and Space Law (IIASL).

Mclee Kerolle
At the Symposium, the Rapporteurs were both candidates for the Advanced LLM in Air and Space Law offered by Leiden University’s International Institute of Air and Space Law (IIASL).
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