International Journal of Law and Legal Studies

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 5 (1), pp. 232-245, January, 2017. © International Scholars Journals

Full Length Research Paper

Laws and policies on periodic flooding and sedimentation of wetlands, rivers and flood plains in East Africa

Kiran H. Ngilu¹*, Musalia Ajuma Mutuku² and Nicholas A Karume³

¹Department of Humanities, Busoga University, Uganda.

²University of Dodoma, Tanzania.

³Department of Crop Science, Egerton University, Kenya.

E-mail: [email protected]

Accepted 10 November, 2016

Abstract

What should a community of three states with diverse historical profiles of legal and regulatory frameworks do when a common ecological resource is threatened any yet is critical in the sustenance of communities around it? This is the challenge that East African States faced with dealing with Lake Victoria Basin (LVB) in East Africa (Uganda, Kenya, Tanzania, Rwanda and Burundi). Given the various ecological, land and demographic changes in the LVB, various institutions have attempted to address the negative changes and contribute towards poverty reduction and environmental restoration. This paper analyzed the existing laws and policies on periodic flooding and sedimentation of wetlands, rivers and flood plains, which is timely and important for improved management and utilisation of resources of LVB. The paper argues that the lack of community level policy models relating to land and water use affects soil management and ultimately affects the water used in the LVB. These area-specific policies and models all over the LVB will go a long way in dealing with the negative effects of periodic flooding and sedimentation.

Key words: Lake Victoria, Basin, East Africa, sedimentation, periodic flooding, environment, law.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 4 (7), pp. 222-231, December, 2016. © International Scholars Journals

Full Length Research Paper

Effects of customary laws on basic human rights of women in Botswana

Nijel Amantle Chiepe¹*, Mompati H. Roy¹, Quett D. Khama² and Kabelo Mpule Merafhe²

¹Groupe ESC Pau - Campus Universitaire, Saint John Perse - BP7512 - 64075 Pau, France.

²Faculty: Social Sciences, Department of Law, University of Botswana, Gaborone, Botswana.

E-mail: [email protected]

Accepted 20 October, 2016

Abstract

In Botswana, society continues to operate under a dual legal system: an indigenously-based customary legal system, and received law, that is, the Constitution, based on a system inherited from the former colonial state. The fact that the constitution places prominence on custom within a range of contexts is particularly significant for women's rights. How far the Government is able to promote basic women's rights and to what extent customary law takes precedence over constitutional law are two legitimate questions yet to be clearly settled. This paper examines how customary law may be contrary to the basic human rights of women, by means of investigating the role of several civil society organisations that act to promote democracy and defend women's human rights. Moreover, the article assesses Botswana's current level of legislative compliance with international obligations, in seeking to identify priorities for working towards greater future compliance.

Key words: Botswana, gender, conflict, culture, civil society.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 4 (6), pp. 217-221, November, 2016. © International Scholars Journals

Full Length Research Paper

Quantitative and qualitative benefits emerging from ADR/ODR methods

Pablo Penelope Javie

Law and Political Science Department, University of Catalonia (UOC), Spain.

E-mail: [email protected]

Accepted 5 October, 2016

Abstract

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 of such mechanisms, we hereby propose the draft of an international legal instrument for this significant socio-economic sector. This initiative would enhance the progressive harmonization of international substantive and procedural domestic laws and would foster the expansion of ADR/ODR methods worldwide.

Key words: ADR, ODR, mediation, resolution mechanisms, court-connected mediation, interoperability, relational justice, standards, ethics, principles, framework.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 4 (5), pp. 207-216, August, 2016. © International Scholars Journals

Full Length Research Paper

Sociological and technological factors that enhance cybercrime and cyber security in Nigeria

Ogbuaja Felix Matthew

E-Learning Department, Civil Defence Academy, Abuja, FCT Nigeria.

Emai: [email protected]

Accepted 10 July, 2016

Abstract

The Global Information Infrastructure creates unlimited opportunities for commercial, social and other human activities. However, it is increasingly under attack by cybercriminals; as the number, cost, and sophistication of attacks are increasing at an alarming rate. This study sets out to examine the sociological and technological factors that impact cybercrime and cybersecurity and thereby articulates the relevant circumstances and threats of cybercrime in Nigeria. The study approached the issue of cybercrime from theoretical and investigative points of views. Structured interviews with law enforcement agencies and governmental institution for cyber security were also conducted. Data obtained through these research instruments were subjected to descriptive analysis and frequency counts in order to explain the activities of Nigerian cybercriminals based on existing theories of crime, and to understand their intents, purposes and methods. Four theories of crime, namely, Structural Functionalism Theory, Marxian Theory, Routine Activity Theory and Technology Enabled Crime Theory were all found to be relevant to Nigerian cybercrime. At the level of existing laws, the study established that there are no existing laws in the Nigerian statues that directly address cybercrime.

Key words: Cybercrime, cybersecurity, cyberlaw, Nigeria, Global Information Infrastructure.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 4 (4), pp. 197-206, June, 2016. © International Scholars Journals

Full Length Research Paper

Challenges encountered by foreigners in order to obtain the necessary permits to work and reside in South Africa

Elon Zuma Tambo*, Francios Oliver Ernie and Botha Biko Pienaar

School of Law, Faculty of Management and Law, University of Limpopo, South Africa.

E-mail: [email protected]

Accepted 25 April, 2016

Abstract

This article examines the various problems being faced by foreigners on a daily basis in order to obtain the necessary permits to work and reside in South Africa. The article highlights that the major obstacle is unnecessary bureaucracy by the officials of the Home Affairs who are responsible for the processing of permits. The article also examines how executive bureaucracy is affecting administrative actions and what the courts are doing in order to ensure that foreigners receive just administrative actions on the applications made. The article concludes that with proper oversights on the low ranking officials, bureaucracy will be drastically minimized and this will serve as solution to the plight of foreigners especially the skilled workers in South Africa.

Key words: Executive bureaucracy, administrative justice, rights of foreigners, work permits, home affairs, officials of home affairs.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 4 (3), pp. 180-196, April, 2016. © International Scholars Journals

Full Length Research Paper

Interpretations of European policy on legal education and judicial training in CEECs

Umberto Monica Giovanni

Department of Political Science - University of Bologna, Via dei Bersaglieri, 4, 40125 Bologna, Italy.

Email: [email protected]

Accepted 12 February, 2016

Abstract

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 may socialize, exchange views and information, share ideas. Lawyers and private attorneys are almost absent from the targets addressed by the European policy of rule of law promotion. Therefore, know-how and capacities are strengthened on one side of the bench – the side of the judicial actors – whereas the private side – the lawyers – seemed to be neglected. Relying on an innovative data set constructed alongside a five years of research conducted by the author, this paper addresses the issue whether or not these policy instruments will prove able to positively influence the legitimacy of the adjudication in the new members. In the last section, some hypotheses are suggested to set down a tentative research agenda for the very next future.

Key words: Judicial training, conflict resolution, capacity building, rule of law, European enlargement.