International Journal of Law and Legal Studies

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 2 (4), pp. 145-148, May, 2015. © International Scholars Journals

Review

Academic debates on the nature and characteristics of war in the post-cold war era: Mary Kaldor’s ‘new wars’ thesis

Ogbonnaya Blessing Amarachi

Department of Political Science, Faculty of Social Science, Lagos State University, Ojo, Nigeria.

E-mail: [email protected]

Accepted 30 April, 2014

Abstract 

The nature and characteristics of war in the post-cold war era have been the focus of academic debates in the field of Peace and Conflict studies in recent years especially with regard to whether or not a distinction should be made between ‘old’ and ‘new’ wars. Mary Kaldor’s ‘new wars’ thesis, a very significant contribution to these debates, argues that there is a distinction given that the actors, goals, methods and modes of financing wars in the post -cold war era have changed significantly as a result of globalization (Kaldor, 2006:1). While many critics disagree and argue that the distinction does not exist (Kalyvas, 2001) and claim that there is nothing new about ‘new wars’ (Henderson and Singer, 2002), others question the lack of adequate empirical and historical evidence (Chojnacki, 2006:48) and argue that the thesis lacks any measureable criteria. However, as Mundy (2011) rightly points out, our justifications for concepts such as the ‘new wars’ thesis should be based on their ability to confront and address the very circumstances they seek to improve rather than on claims of alleged coherence and reflections of history. While this article is not directed at refuting criticisms, it is important to note that the term ‘new’ used in describing these wars that were taking place in the 1990s in the Balkans and Africa did not refer to them as having no historical parallels or antecedents but referred to a different ‘logic’ from the wars that scholars and policy-makers were concentrating on (Kaldor, 2012). Regardless of its limitations, this article argues that Kaldors ‘new war’ thesis has significant academic/analytical and policy relevance in the field of security studies and much more in the 21st century.

Key words: New wars, conflict, policy, organized violence, peace.

International Journal of Law and Legal Studies Vol.  2 (3) pp. 141-144, April, 2015. © International Scholars Journals

Review

Putting a halt to terrorism: Boko Haram and the need for constitutional activism in Nigeria

*Augustine E. Arimoro

PhD Researcher, Kingston Law School, Kingston University, Kingston Hill Campus, Kingston-Upon-Thames, United Kingdom.

E-mail: [email protected] 

Accepted 19 August, 2014

Abstract 

Long before British colonialists laid siege on the territory consisting present day Nigeria, there was in existence already defined legal systems for the administration of public life as well as justice in the different emirates, kingdoms, towns, cities, villages and hamlets. In the Northern part of Nigeria, the Islamic Shariah system was dominant whilst in areas where Muslims were not in the majority, the people were guided by their native laws and customs. In a similar vein, in the South, public life, government and the private affairs of the people was regulated by native mores and custom. In this paper, this author asserts that the manner in which, the British colonised the territory now known as Nigeria, the forced union of people without similar value systems and the lack of constitutional activism to cater to the needs of the people in this forced entity is the reason behind acts of militancy, terror and specifically, the acts being carried out by the group known as Boko Haram. There is a need therefore, to have a constitution or document which truly reflects the aspiration and yearnings of the citizenry. The author concludes that the Constitution of the Federal Republic of Nigeria should be reviewed without the usual placing of limits or ‘no go areas.' There is also a need to cater to provisions in the current document with a view to resolve inherent lacunas upon which militancy and terror thrives.

Key words: Insurgency, Boko Haram, constitution, secularism, religion.

International Journal of Law and Legal Studies Vol.  2 (3) pp. 135-140, March, 2015. © International Scholars Journals

Review

A Review on administrative requirement, corporate administration and business sector responses

*Ramli Ramlee, Leong Muhymeen and E. D. Azman

Faculty of Law, Economics and Business Administration, Open University Malaysia, Kuala Lumpur, Malaysia.

E-mail: [email protected]

Accepted 02 February, 2015

Abstract 

The past decades witnessed the massive growth of literature on corporate governance. Various perspectives of corporate governance mechanisms were widely documented. However, studies on corporate governance from the regulatory perspective receive relatively little attention. Majority review papers focus largely on internal and external corporate governance mechanism literatures. This paper intends to give an overview on the literatures on the second generation of corporate governance research as suggested by Denis and McConnell. Literatures on legal and regulatory mechanism are reviewed. In addition, this paper highlighted the roles and importance of regulatory investor protection, regulatory enforcement and compliance behavior. The consequences of corporate misconduct and stock market reactions followed by identification of research gap and suggestions for future research are discussed.

Key words: Corporate governance, regulatory enforcement, market reaction, agency problem.

International Journal of Law and Legal Studies Vol.  2 (2) pp. 125-134, February, 2015.  © International Scholars Journals

Full Length Research Paper

Legitimate viewpoints on worldwide models of corporate administrations

*Dimitrie Brave, Luca Nicolae and Gheorghe Geoana

Faculty of Law, Economics and Business Administration, University of Bucharest, Bucharest, Romania.

E-mail: [email protected]

Accepted 27 January, 2015

Abstract 

The present paper aims to provide an interpretation of leading corporate governance paradigms, through several case studies involving four developed economies (that is, the US, the UK, Canada and France) that have implemented either principle-based or rule-based corporate governance systems. A supplementary case study involving Romania, an emerging country, seeks to provide valuable insight into the inconsistencies of applying such a refined corporate governance system to an emerging market. From a methodological standpoint, preeminence is given to a comparative and critical approach. Finally, we ask the following question: which are the most appropriate ways to insure the crystallization of legal aspects concerning corporate governance, in the context of international diversity and, sometimes, divergence?

Key words: Corporate governance, comparative approach, international evidence, United Kingdom, European Union convergence, financial markets, agency theory.

International Journal of Law and Legal Studies Vol.  2 (2) pp. 119-124, February, 2015. © International Scholars Journals

Review

How responsibility for history was lost: Anti synthesis of advanced criminal law

Napoleon Rene Dumas

School of Law, Faculty of Management and Law, Paris Diderot University, Paris, France.

Email: [email protected]

Accepted 26 February, 2015

Abstract 

Some writings in philosophy of history, legal sociology, law and economics have speculated, with more or less academic rigor, that history of crime and punishment might be synthesized and explained in a short sentence. From Marx to Durkheim, these thinkers seem to believe that penal evolution merely translates a political expression of power. But by changing the scholarly point of view, one might just see the exact opposite. As the meaning of penal system became gradually saturated, and consequences of punishment became more and more incomprehensible, postmodern historiography can reverse this synthesis and tell the tale of how all ownership of penal history was lost, assuming it was ever possessed.

Key words: Efficiency, neo-Marxism, path dependency, postmodernism, sociology of criminal law.

International Journal of Law and Legal Studies Vol.  2 (2) pp. 113-118, February, 2015. © International Scholars Journals

Full Length Research Paper

Examination of post Primary Educators' utility of the due methodology of law in scholastic Dismissal

School of Law, Faculty of Management and Law, Delta State University, Abraka, Delta state.

Email: [email protected]

Accepted 24 January, 2015

Abstract 

This paper focused on the utility of the due process of law by teachers as a protection and corrective measures on academic dismissal in Nigerian post primary schools. It reviewed how ‘right’ and ‘due process’ are related as well as the essence of the due process in considering the crucial aspect of law by reviewing statutes, laws, edicts and decrees to improve some problematic areas faced by teachers in the teaching profession. This approach did not only ensure and allow harmony, peace and promote respect for each individual’s right in the teaching profession but, also ensured satisfaction among tea-chers. In view of the technicality of the term ‘due process’, experts who are lawyers, judges and trained administrators read and interpret this term without difficulty. However, the layman can be kept well above water to know the essence of due process by simply following the definition and explanations provided. ‘Due process’ is subdivided into three areas which include constitutional, procedural and substantive due process.

Key words: Due process, academic dismissal, Nigerian post primary schools.