East African Journal of Law and Ethics最新文献

{"title":"Sovereignty and Humanitarian Intervention: A legal challenge of Art. 4(H) of the African Union Constitutive Act","authors":"Ayuel Monyluak Aluou","doi":"10.37284/eajle.7.1.2045","DOIUrl":"https://doi.org/10.37284/eajle.7.1.2045","url":null,"abstract":"The emergence of the new norm of military intervention based on humanitarian grounds, also dubbed as ‘Responsibility to Protect (R2P)’, after the end of the Cold War, has been described as ‘highly controversial’ and that its application could connote humanitarianism or imperialism (Zimmermann, 2014). In that, its application would eclipse the principle of sovereignty, considered the very foundation of the international system. This article is an attempt to assess the legality of Art. 4(h) of the African Union Constitutive Act of 2002, particularly, its incompatibility with the principle of sovereignty. This legal challenge can only be understood by giving a brief sketch of both sovereignty and the legitimacy of the transnational norm of military intervention that has been institutionalized by the African Union Constitutive Act","PeriodicalId":156039,"journal":{"name":"East African Journal of Law and Ethics","volume":"68 37","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141651410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Defining an International Crime: Historical and Contemporary Developments","authors":"Amade Roberts Amana, Funmilola Akinremi","doi":"10.37284/eajle.7.1.1867","DOIUrl":"https://doi.org/10.37284/eajle.7.1.1867","url":null,"abstract":"Despite the desirability of the identity of crimes being specific, the category of conduct constituting international crimes remains blurry. In consequence, the controversy over what is, or is not, an international crime has continued to rage on. Different criteria have been used to classify a specific conduct as an international crime. As a source of authority, some authorities point to the works of scholars, treaties, legal systems, the statutes of international criminal courts, or even works of the International Law Commission, to identify an international crime. Nevertheless, unanimity in identification remains elusive. Thus, this article examines differing perspectives on the constituents of international crimes. The analysis is relevant because the definition of crime forms the bedrock of international criminal justice. However, the paper finds that leaving the category of conducts constituting an international crime open, facilitates the inclusion of other grave or emerging forms of criminality, which may also rise to the threshold of the crimes within the jurisdiction of international criminal tribunals. Although this may appear advantageous, the need for predictability, consistency and uniformity in the categorization of an international crime cannot be overemphasized","PeriodicalId":156039,"journal":{"name":"East African Journal of Law and Ethics","volume":"58 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140702651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Challenges of Protecting Music Intellectual Property in the Digital New Age in Nigeria","authors":"Olariyike Damola Akintoye","doi":"10.37284/eajle.6.1.1189","DOIUrl":"https://doi.org/10.37284/eajle.6.1.1189","url":null,"abstract":"This article examines the challenges the Music Industry faces in the area of protection of its intellectual property. The protection of a country’s intellectual property should be the priority of all responsible governments. In Nigeria, the Copyright Act 2004 (Cap C28 Laws of the Federal Republic of Nigeria (LFN) used to be the principal legislation for the protection of innovative works. However, on March 17, 2023, the Nigerian President, Major General Muhammadu Buhari (retd.) signed the Copyright Bill into law. The House of Assembly passed the Bill for an Act to Repeal the Copyright Act 2004 and enact a new Copyright Act in July 2022. The purpose of this paper is to identify the ways the new Act can better protect the rights of musicians and ensure just rewards and recognition for their intellectual efforts. The paper found out that the new Act intends to, among others, expand the rights of authors, raise the sanctions of criminal infringements and address the challenges posed by digital and online use of copyright works. The paper recommends, among others, the creation of strong enforcement mechanisms so that the new Copyright Act 2023 can achieve the purpose for which it was enacted which are to guard intellectual creations against all forms of infringements and to boost the nation’s creative economy in order to make it more globally competitive in the digital new age","PeriodicalId":156039,"journal":{"name":"East African Journal of Law and Ethics","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132491602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Increase in Cases of Impersonation of Lawyers in Nigeria: Making Case for Reforms","authors":"Olajumoke Shaeeb, Ileola Adesina, O. B. Akinola","doi":"10.37284/eajle.6.1.1118","DOIUrl":"https://doi.org/10.37284/eajle.6.1.1118","url":null,"abstract":"Lawyering and legal practice require proper certification by the regulatory bodies in the legal profession in line with extant legislations. It is getting worrisome to see persons not called to the Bar rendering services to undiscerning clients, albeit illegally. The vice of impersonation is on the increase within the Nigerian legal market. Cases of fake lawyers across the Nigerian legal hemisphere are being reported almost on a monthly basis. This paper reconciles the extant provisions dealing with the impersonation of lawyers in Nigeria by virtue of section 22 of the Legal Practitioners Act 2004. It further examines contemporary impersonation practices in other jurisdictions and the Nigerian Legal market. The paper ends with suggested reforms such as a review of the provisions of extant statutes in this respect and a call for other socio-legal alternatives towards curbing the menace","PeriodicalId":156039,"journal":{"name":"East African Journal of Law and Ethics","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132245992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Posts without ‘Functions’: A review of Article 180(5) of the Constitution of Kenya 2010 on the Position of Deputy Governors","authors":"Bruno Oksiba Osanan","doi":"10.37284/eajle.5.1.993","DOIUrl":"https://doi.org/10.37284/eajle.5.1.993","url":null,"abstract":"Article 180(5) of the Constitution of Kenya 2010 provides that each candidate for election as a county governor shall nominate a person who qualifies for election as a county governor as a candidate for deputy governor. But almost twelve years after the implementation of the Constitution of Kenya 2010, questions have arisen not only on the importance of these positions but also on whether there is a need to amend the Constitution to provide for clear and substantive functions of deputy governors or even scrap off these positions altogether. To address this dilemma, this paper will begin by exploring the constitutional duties of the deputy governors. The paper will then conduct a comparative analysis of the Kenyan county governance structure and South African provincial governance structures before then critically analysing the five functions enlisted in section 32 of the County Government Act 2012. In moving from a theoretical analysis to a practical analysis of the situation, the paper will finalise by looking into case studies involving the resignation of the former Deputy Governor of Nairobi County, Paulcarp Igathe, and the ‘absence in office’ of the West Pokot’s Deputy Governor, Nicholas Owon Atudonyang. In summary, the paper finds that constitutionally, the critical mandates of the deputy governor include deputising the Governor, filling the vacancy in cases of vacancy in the Governor’s office, and promoting inclusivity in the county. However, there are still numerous gaps in the Constitution, such as the failure to fill the vacancy in the deputy governor’s office and the lack of procedure for removing the deputy governor’s office. Having been enacted after the adoption of the Constitution of Kenya 2010, it was legitimately expected that the enactment of the County Government Act 2012 will at least address these gaps. Unfortunately, a critical analysis of section 32 of the County Government Act shows that all the enlisted functions in the aforementioned provision are merely a repetition of what is provided by the Constitution, or whatever has been enlisted as functions are fundamentally inconsequential for lack of clarity and substance","PeriodicalId":156039,"journal":{"name":"East African Journal of Law and Ethics","volume":"23 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120806465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Malabo Protocol: A Panacea for Crimes Prevention in Africa?","authors":"Rogers Barigayomwe, G. Prevost","doi":"10.37284/eajle.5.1.825","DOIUrl":"https://doi.org/10.37284/eajle.5.1.825","url":null,"abstract":"The study provides a critical review of selected articles contained in the Malabo Protocol. The protocol, which provides an amendment to the protocol on the Statute of the African Court of Justice and Human Rights is one of eight legal instruments adopted by African Union (AU) leaders on 27 June 2014, but undoubtedly one of its most significant. The protocol established the criminal section of the African Court and outlined a list of fourteen crimes under the jurisdiction of the Court with the aim of forestalling crimes in Africa. If the Court gets the 15 ratifications needed to enter into force, it will be able to investigate and prosecute international, transnational, and other crimes through its three separate chambers and jurisdictions. The Court is poised to introduce a novelty development in the international legal system by having three chambers into a single court with a common set of judges.","PeriodicalId":156039,"journal":{"name":"East African Journal of Law and Ethics","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125381377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Security and Fragility of Tenure of Public Servants within the Legal Framework in Uganda","authors":"John Mary Vianney Kimuraheebwe, Dennis Zami Atibuni, Deborah Manyiraho","doi":"10.37284/eajle.5.1.725","DOIUrl":"https://doi.org/10.37284/eajle.5.1.725","url":null,"abstract":"This conceptual paper examines the security and fragility of tenure of public servants in Uganda within the established legal and policy frameworks. The conceptualisation involved a systematic literature review of the 1995 Constitution of the Republic of Uganda, as amended, together with a host of other principal and subsidiary legislation that provides for the security of tenure of public servants in Uganda. Other primary sources such as court cases and secondary sources such as policy documents, relevant articles, and reviews were also reviewed. The paper reveals that despite its strength due to its robustness, the labour law of Uganda has gaps which, in addition to the manner of its coordination and implementation, potentially and actually generates both positive and negative expectations and outcomes for the public officers in relation to their security of tenure at the workplace. In this paper, we argue that a fair implementation of the law guarantees tenure security while unfair implementation of it predisposes the public officers to a fragile and insecure tenure. We also suggest strategies that can be employed to avert tenure fragility and enhance tenure security to foster the socioeconomic transformation of the civil servants and the country as a whole","PeriodicalId":156039,"journal":{"name":"East African Journal of Law and Ethics","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126734685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sentencing Child Offender: Key principles and Substances that the Juvenile Court Needs to Consider in Tanzania","authors":"Tundonde S. Mwihomeke, Rose J. Jally","doi":"10.37284/eajle.5.1.576","DOIUrl":"https://doi.org/10.37284/eajle.5.1.576","url":null,"abstract":"Children commit crimes and they are convicted daily in our courts. Once the court convicts the child as an offender, it must impose correctional measures immediately. The major rationale for handling down the child to correctional mechanisms is to rehabilitate the child offender. Thus, the Juvenile Court is obliged to maintain and strengthen family relationships, choose a least restrictive sentence which is proportionate to both offence and offender that makes a child offender change and accept his or her responsibilities towards the commission of the offence. The obligation of the juvenile court is well enshrined in international legal instruments which necessitated the introduction of the key principles to be considered in sentencing child offenders in Tanzania. The key principles introduced by the international instruments focus on: rehabilitation of the child offender; maintaining and strengthening family relationships; being least restrictive; be proportionate to the youthfulness of the child; consideration of the interest of the society; and enabling the offender to accept responsibilities over the offence committed. Based on this, the Child Act focuses more on non-custodial sentences; the key principles to consider when sentencing the child are not provided in the Act explicitly rather there presented in its Rules. The present article discusses Case Laws, Statutes provisions and international laws and the legal position in Tanzania regarding the key principles and substances to consider when sentencing a child offender. It further points out the gaps of laws and practices which normally emerge when considering proper sentence to a child offender. It is concluded that laws regarding sentencing child offenders should reflect the international instruments. The courts and other state organs should make sure their practice meets the purpose of sentencing children offenders.","PeriodicalId":156039,"journal":{"name":"East African Journal of Law and Ethics","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134071372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of Personalism in Eradicating Linguistic Violence","authors":"M. O. Ikeke","doi":"10.37284/EAJLE.3.1.323","DOIUrl":"https://doi.org/10.37284/EAJLE.3.1.323","url":null,"abstract":"Human society is filled with violence. Violence happens not only as physical violence but also as linguistic violence. This has brought pain and torment not only to human bodies but also their minds and hearts. Linguistic violence is often ignored in society, yet it is a factor that has demeaned human personality, caused wars, genocides, xenophobic attacks, and so forth. Because of the negative consequences of linguistic violence, there is a need to raise awareness of it and how to conquer it. Through critical hermeneutic and analytic methods, the paper examined how linguistic violence can be ameliorated if not totally eradicated through the philosophy of personalism. The central argument of this paper is that the philosophy of personalism which emphasizes the value of the human person and decries all forms of degradation and devaluation of humanity can help in ending linguistic violence. It argues that the human person has absolute value and should not be treated as a thing or tool. One of the best ways to combat negative language is to promote a positive language. This can be achieved through the promotion of the ethical value of personalism. The paper finds that linguistic violence is taking place in Nigeria and there is a need to overcome it. The conclusion of the paper is that the philosophy of personalism can help in curbing linguistic violence. When this is done the entire attendant negative consequences associated with it will be overcome.","PeriodicalId":156039,"journal":{"name":"East African Journal of Law and Ethics","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125966030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Administration of Legal Issues in African Development for Global Sustainability","authors":"Edna Jemutai Moi, D. Minja, F. Makhamara","doi":"10.37284/eajle.2.1.129","DOIUrl":"https://doi.org/10.37284/eajle.2.1.129","url":null,"abstract":"Despite the evolution of legal systems in Africa, its development cannot be realized without the adoption of global practices relevant to the 21st-century complexities. Using data from Kenya, the objective of this paper was to determine people's awareness of legal issues, innovation tools for harnessing research data, and innovations for sustainability. This paper gives a brief history of government systems in various African countries which existed before colonization and further recommends mechanisms for promoting citizens’ legal rights. The paper highlights the administration of legal rights in Kenya citing new innovative tools for general development. It recommends ways that could be embraced for promoting development; the technology system, the rule of law, constitutionalism, democracy and stakeholders' support. The paper concludes that the majority of the Kenyan citizens need legal awareness. The possible outcome of the process remains uncertain and open to further stakeholders' inputs. The paper finally recommends the increasing involvement of every stakeholder which is expected to increase the rate of Africa's development for global sustainability.","PeriodicalId":156039,"journal":{"name":"East African Journal of Law and Ethics","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134044088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}