Eastern Africa Law Review最新文献

An Appraisal of Legal and Institutional Framework for Asset Recovery in Tanzania 评估坦桑尼亚资产追回的法律和制度框架

Eastern Africa Law Review Pub Date : 2022-06-30 DOI: 10.56279/ealr.v49i1.1

A.O.J. Kaniki

引用次数: 0

The Plaintiffs v. Attorney General and Uganda Veterans Development Ltd: A Critique 原告诉总检察长和乌干达退伍军人发展有限公司:批评

Eastern Africa Law Review Pub Date : 2022-06-30 DOI: 10.56279/ealr.v49i1.4

Nicksoni Filbert Kahimba

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Challenges in Harmonising Conservation Laws on Living Marine Resources within the Framework of the EAC: Case Study of Tanzania and Kenya 在东非共同体框架内协调海洋生物资源养护法律的挑战:坦桑尼亚和肯尼亚的案例研究

Eastern Africa Law Review Pub Date : 2022-06-30 DOI: 10.56279/ealr.v49i1.5

Felix Otieno Odhiambo

{"title":"Challenges in Harmonising Conservation Laws on Living Marine Resources within the Framework of the EAC: Case Study of Tanzania and Kenya","authors":"Felix Otieno Odhiambo","doi":"10.56279/ealr.v49i1.5","DOIUrl":"https://doi.org/10.56279/ealr.v49i1.5","url":null,"abstract":"Marine ecosystems comprise transboundary resources which occupy up to 71% of the earth’s surface. Up to 90% of the world’s living marine resources exist within the Exclusive Economic Zone (EEZ). The 1982 UN LOSC confers management and conservation of the EEZ to the coastal State’s jurisdiction. It is, however, argued that since oceans are transboundary, effective conservation of their living resources requires a coordinated approach between neighbouring coastal States. Such approaches would help to avoid a situation where living marine resources of the same ecosystem are possibly conflicting conservation measures. One way through which neighbouring Coastal States can coordinate conservation measures for their living marine resources is through the process of harmonisation of laws. Harmonisation leads to the establishment of common legal structures and institutions to aid with the intended coordination. It is therefore argued that, through harmonisation, Kenya and Tanzania would enhance theirrespective conservation capacities for their living marine resources. Key Words: Harmonisation of Conservation Laws, Transboundary Living Marine Resources, Exclusive Economic Zones, Kenya and Tanzania.","PeriodicalId":405016,"journal":{"name":"Eastern Africa Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129401097","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}

引用次数: 0

From Debtor Repression to Protection: Giving Debtors a Fresh Start under the Kenyan Insolvency Regime 从债务人压制到保护:在肯尼亚破产制度下给债务人一个新的开始

Eastern Africa Law Review Pub Date : 2022-06-30 DOI: 10.56279/ealr.v49i1.3

A. Mbila

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Political Question Doctrine and its Justiciability in Tanzania: A Critical Analysis of Attorney General vs Rev. Christopher Mtikila 坦桑尼亚的政治问题原则及其可诉性:司法部长诉克里斯托弗·姆蒂基拉牧师案的批判性分析

Eastern Africa Law Review Pub Date : 2022-06-30 DOI: 10.56279/ealr.v49i1.2

Dominic Daniel

{"title":"Political Question Doctrine and its Justiciability in Tanzania: A Critical Analysis of Attorney General vs Rev. Christopher Mtikila","authors":"Dominic Daniel","doi":"10.56279/ealr.v49i1.2","DOIUrl":"https://doi.org/10.56279/ealr.v49i1.2","url":null,"abstract":"This article examines the nature, application, and scope of the controversial political question doctrine. What the doctrine seeks to achieve is at odds with what is intended by the justiciability theory. While justiciability principle aims at allowing all legal questions properly brought before the court to be conclusively determined by the court, political question doctrine intends to deny litigants of legal protection by prohibiting the courts from entertaining legal disputes properly presented and which are otherwise justiciable. The controversy has always been on how to reconcile the two theories. This paper evaluates the existence and efficacy of the doctrine in legal disputes relating to the interpretation of the Constitution. It is submitted that, although the doctrine remains relevant since there are matters of public policy which are constitutionally nonjusticiable, courts in Tanzania have not developed criteria for determining when and under what circumstances should the doctrine be invoked. Keywords: Political Question, Justiciability, Interpretation of the Constitution, Separation of Powers, Judicial Review, Tanzania.","PeriodicalId":405016,"journal":{"name":"Eastern Africa Law Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128492443","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}

引用次数: 0

Irregular Migration Governance in the East African Community: Assessing the Legal and Institutional Response 东非共同体的非正常移民治理:评估法律和机构反应

Eastern Africa Law Review Pub Date : 2022-06-30 DOI: 10.56279/ealr.v49i1.6

Deogratias I. Gasto

{"title":"Irregular Migration Governance in the East African Community: Assessing the Legal and Institutional Response","authors":"Deogratias I. Gasto","doi":"10.56279/ealr.v49i1.6","DOIUrl":"https://doi.org/10.56279/ealr.v49i1.6","url":null,"abstract":"Governance of irregular migration has recently occupied the agenda of most Regional Economic Communities. The agenda is being sparked by the existing intersection between irregular migration and national security of partner states as well as its implications for the economy and development broadly. These initiatives also find justification in the fact that migration governance is increasingly cross-cutting and requires cooperation between States and regions. One of the major tools used to achieve regional cooperation in migration governance is the adoption of coherent policies and measures. This article surveys the East African Community (EAC)’s legal and institutional frameworks designed to address irregular migration in the region with a view to depicting the existing gaps and their implications to irregular migration governance. To achieve this objective, desk research and key informant interviews were the resorted methodologies. The article finds that, the key challenges facing irregular migration governance in the EAC are incomprehensive frameworks, implementation challenges, contradicting provisions in the EAC laws, incoherent institutional framework and security challenges. It is recommended that the identified challenges should be addressed through incorporation in the legislative and institutional framework. Keywords: East African Community, Legal Framework, Migration, Regional Integration.","PeriodicalId":405016,"journal":{"name":"Eastern Africa Law Review","volume":"19 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132496391","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}

引用次数: 0

Regulation of Patents in Mainland Tanzania: Policy, Legal and Institutional Challenges 坦桑尼亚大陆的专利管理:政策、法律和制度挑战

Eastern Africa Law Review Pub Date : 2021-12-31 DOI: 10.56279/ealr.v48i2.4

D. Nditi

引用次数: 0

An Analysis of Judicial Trends in Disciplining Unqualified Legal Practice in Tanzania 坦桑尼亚惩戒不合格法律执业的司法趋势分析

Eastern Africa Law Review Pub Date : 2021-12-31 DOI: 10.56279/ealr.v48i2.6

Nicksoni Filbert Kahimba

{"title":"An Analysis of Judicial Trends in Disciplining Unqualified Legal Practice in Tanzania","authors":"Nicksoni Filbert Kahimba","doi":"10.56279/ealr.v48i2.6","DOIUrl":"https://doi.org/10.56279/ealr.v48i2.6","url":null,"abstract":"his article has provided a considered analysis of unqualified practice in Tanzania and the approach and the willingness of the judiciary in punishing it. Although the Court of Appeal set its binding precedent in Edson Oswald Mbogoro, it is the open-door approach to this decision which is largely responsible for the nuanced approach in the discipline of advocates in Tanzania. The ensuing the approach of the judiciary has been to either punish advocates alone, expunge the pleadings they have prepared and thus prejudicing litigants, avoid any form of punishment, or even issuing a simple warning, and sometimes assuming the misconduct never happened. This represents mixed outcomes of unwillingness and non-uniformity in enforcing disciplinary measures for unqualified practice. Instead, the judiciary has been clear in punishing innocent litigants for the mistakes of advocates. This work recommends that upholding documents unqualified persons have prepared is a good practice in upholding the constitutional rights of innocent litigants following the persuasive decision of Afriq Engineering, save in cases of their complicity. The Article hopes to inspire more debate on the subject and create awareness both to advocates and the judiciary, hoping these legal shortcomings will not repeat in the future. Keywords: Advocates Act - Advocates Committee – Judiciary - Misconduct – Offences –– Unqualified Persons – Unqualified Practice","PeriodicalId":405016,"journal":{"name":"Eastern Africa Law Review","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116541808","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}

引用次数: 0

The DPP’s Supremacy in the Criminal Justice of Tanzania: Analysis of the Exercise of Nolle Prosequi

Eastern Africa Law Review Pub Date : 2021-12-31 DOI: 10.56279/ealr.v48i2.1

Baraka Mkami, Evaristo E. Longopa

引用次数: 0

Legal Dilemmas on Application of the Overriding Objective Principle in the Court of Appeal of Tanzania 坦桑尼亚上诉法院适用客观压倒原则的法律困境

Eastern Africa Law Review Pub Date : 2021-12-31 DOI: 10.56279/ealr.v48i2.7

Noel Edward Tagagas Nkombe

{"title":"Legal Dilemmas on Application of the Overriding Objective Principle in the Court of Appeal of Tanzania","authors":"Noel Edward Tagagas Nkombe","doi":"10.56279/ealr.v48i2.7","DOIUrl":"https://doi.org/10.56279/ealr.v48i2.7","url":null,"abstract":"In 2018 the government of the United Republic of Tanzania introduced a new legal principle commonly referred to as “the overriding objective principle.” This was done through Written Laws (Miscellaneous Amendments) Act, 2018 (Act No. 8 of 2018). It was said that the aim of the legislative process was to promote substantive justice and to give statutory effect to the contents of Article 107A (2) (e) of the Constitution of the United Republic of Tanzania, 1977. Article 107A (2) (e) of the Constitution directs the courts of law: To dispense justice without being tied up with technicalities provisions, which may obstruct dispensation of justice. Therefore, strictly speaking, the new law was not creating anything new, but rather amplifying what the Constitution had already provided back in 2005 when that provision was entered into the mother law. However, since the enactment of this law, the principle of “overriding principle” has become a cause célèbre issue in legal circles in the United Republic of Tanzania. The judiciary under the guidance of the Court of Appeal of Tanzania has woken up from a long slumber to fight legal technicalities in the name of justice. This is the preoccupation of this article under review. Key Words: Overriding objective principle, legal dilemma, and Court of Appeal of Tanzania","PeriodicalId":405016,"journal":{"name":"Eastern Africa Law Review","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114618633","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}

引用次数: 0