International Journal of Law and Legal Studies

Key words: Poverty, human rights, justice.

International Journal of Law and Legal Studies Vol.  1 (2) pp. 021-039, November, 2014. © International Scholars Journals

Full Length Research Paper

Worldwide settling and declaration of Conflicts in the Africa's great lakes: An emphasis on the DRC clash 

Jorma M. Ahola

Faculty of Law, Economics and Business Administration, University of Helsinki, Helsinki, Finland.

Email: [email protected]

Accepted 02 October, 2014

Abstract 

The duty of states to settle their disputes peacefully and in accordance with international law is emphasized in a number of important provisions enshrined in the Charter of the United Nations and state practices. Adjudication is one among a range of existing means of pacific settlement of disputes. This article analyses the role of international adjudication in conflict resolution. With the focus on the DRC conflict, the article critically examines the role of such international judicial bodies as the ICJ, the ad hoc International Criminal Tribunals-the ICTFY and ICTR, the International Criminal Court (ICC), and other judicial bodies involved in resolving armed conflicts. The ICJ decision in the Case Concerning Armed Activities in the Territory of the Congo, the ongoing case of Thomas Lubanga before the ICC, and cases from other international judicial tribunals were taken as case studies, to argue that much as the adjudicatory role of international judicial bodies is a crucial method in pacific settlement of international disputes, it is unlikely to suit armed conflicts situations. The article points to the preclusion of the ICJ from adjudicating the other cases brought by the DRC against Rwanda and Burundi as an illustration of jurisdictional limitations of judicial bodies in adjudication of armed conflicts situations. It however, stresses that the very outcome of the 2005 ICJ decision in the Democratic Republic of Congo vs. Uganda case is another clear limb of such shortcomings. Without getting into detailed discussions of theories of compliance with international law, the article further discusses the question of compliance with decisions of international judicial bodies, in the light of previous state practices. Since there are no established enforcement mechanisms in the international system akin to those in national legal systems, the question whether such decisions are complied with, remains at the mercy of condemned states. In the final analyses, the author points to the current weaknesses and limitations of the international legal system as a whole, in the administration of justice generally, and in the adjudication of armed conflicts in particular.

Key words: International adjudication, great lakes, democratic republic of Congo, armed conflict.

International Journal of Law and Legal Studies Vol.  1 (1) pp. 006-020, October, 2014. © International Scholars Journals

Essay

An exposition on the need for all inclusive prohibiting of the use of power in the 21st century

Rupert S. Ledger

School of Law, Faculty of Management and Law, University of Queensland, Brisbane, Queensland.

Email: [email protected]

Accepted 24 September, 2013

Abstract

The essay addresses what is argued to be a pressing need for the introduction of binding law, applicable at all levels of human society, in the form of a ban on the use of force as a method of conflict resolution. It is envisaged that the proposed legal ban would operate at both the national and international levels and would be given the force of a peremptory norm or ius cogens, applicable to and binding on all governments, bodies, groups and individuals, with a legal force that overrode any international, regional, national or sub national law. It would be expressed to be subject to the narrowest of exceptions, being only those cases that are genuinely necessary in the public interest, for example, under an accepted system of international collective security or in aid of the internal police power to ensure peace and good order, and then only if the degree of force is appropriate and reasonable in all the circumstances and is not in breach of fundamental human rights (other than the right to self-determination or any other right that asserts there is an associated right to use force in aid). The essay notes that there is already a patchwork of both international and national laws that seek to ban or restrict the use of force at various levels, or which condemn the use of force, but it argues that now is the time to express that ban in a comprehensive, consistent, coherent and universal manner applicable at all levels of human society and in all circumstances. In the 21^st century, any continuing acceptance of the legitimacy of the use of force in any situation is said to be incompatible with the notion of a civilized global human society and can only be described as being barbaric. In a world still torn by violent conflict notwithstanding the rush to globalization, this is arguably the most pressing need of the age. This paper takes the view that it is time to put such a general legal prohibition into the law of the world. The essay accepts that merely introducing such a general legal ban will not in itself prevent the continuing use of force where the actors are intent on breaching that new law. The essay makes it clear that such a ban cannot, by itself, be a panacea for resolving all conflict. But it is argued that such a ban would have a profound effect on global thinking about the need for a peaceful world and may gradually lead to a change in emphasis and approach on the part of the main actors. It would place a heavy onus on any entities seeking to use force to justify their actions, which in time may facilitate refinement of methods and institutions for prevention of the use of force and improvement of methods of peaceful resolution of conflict; nor is it argued in the essay that it would be easy to reach agreement on the terms of any such general ban. The impediments to implementation are discussed in the essay and are seen as being huge and deep seated. But then all contrary arguments will ultimately be seen for what they really would be – against the best interests of the planet as a whole and all humanity in seeking a future world of peace, prosperity and security; one in which the expectation is that conflicts will be resolved by peaceful, lawful and fair means. The interests of universal justice must ultimately demand this result, because the arbitrary contest of opposition might can never equate with justice. And the very exercise of consultation in an effort to seek such agreement can be expected to have beneficial side effects. Ultimately it is argued that humanity will be driven to accept that the use of violence and brute strength as a means of human conflict resolution is incompatible with this modern global age and the establishment of a united and peaceful world civilization. The introduction of the proposed general legal ban would arguably be a huge step in that direction.

Key words: Universal, international, national, legal, ban, use of force, conflict resolution, peremptory norm, collective security, global, human society, peace, non-violence, world civilization, world law.

International Journal of Law and Legal Studies Vol.  1 (1) pp. 001-005, October, 2014. © International Scholars Journals

Full Length Research Paper

Bibliographic systems administration and law libraries in Nigeria

Yejide O. Yemisi

School of Law, Faculty of Management and Law, Benson Idahosa University, Benin City, Nigeria.

E-mail: [email protected]

Accepted 06 September, 2014

Abstract 

Cooperative cataloguing is a means by which libraries share resources. In modern library services, cooperative cataloguing is the only means that libraries can cope with the challenges of the digital age. This paper discusses cooperative activity from the 15^th century to the present. Some of the benefits of networking such as increase in production, cost effectiveness and production of high quality products and services are discussed extensively in the paper. Two major challenges towards networking of bibliographic resources of law libraries in Nigeria – absence of automated systems and lack of training for law librarians are discussed. The paper positions that the way forward towards networking will include automating systems and services, creating network centers and training for librarians.

Key words: Nigeria, cooperative cataloguing, online catalogues, law libraries, information and communication technology (ICT).