School of Law

Permanent URI for this community

https://testir.kiu.ac.ug/handle/20.500.12306/17

Browse

Now showing 1 - 15 of 15

Maritime surveillance and enforcement privatisation galore in Nigeria: a compromise of state sovereignty
(Panamaline Books Distributors Limited, 2017) Adeyemi, Ariyoosu D.; Abdulrazaq, Abdulkadir O.
The freedom to participate in seaborne trade is one of the most vital engines motivating global economic progress and development in recent times. Coastlines, territorial waters, high seas and ports depend, to a large extent, on security in the world maritime domain. However, the serious threats posed to global order by the international terrorism, piracy, oil theft and bunkering, to mention but a few, have given rise to overriding and all important national security concerns among the port states. In response to these challenges, some states have increased their strategies with the establishment of maritime security enforcement forces such as the United States Coast Guard (USCG) in the United States, Nigerian Maritime Administration and Safety Agency (NIMASA) in Nigeria, Malaysian Maritime Enforcement Agency (MMEA) in Malaysia, etc. to address the problem. Conversely, Nigerian government has changed the policy and firmed out enforcement and surveillance activities in the entire Nigerian maritime domain to a private security company. This aim of this paper is to investigate the issue of privatising enforcement and surveillance mechanisms in maritime sector with a view to determining the appropriateness or otherwise of such privatisation. It has been found that privatization of the enforcement and surveillance mechanisms in maritime sector is ill-intentioned and inherently inimical to good governance and likely to do the nation more harms than good. The paper concluded that the issue of maritime enforcement and surveillance goes beyond the activities of private security company, and besides, the policy usurps the constitutional powers of the legislature which established maritime security forces through the legislature. It therefore recommended that concession of maritime enforcement and surveillance to private security company should be revisited to ensure partial privatization rather than total privatization
Don't treat them like animals": animal welfare in Ugandan and Nigerian regulatory paradigms
(Panamaline Books Distributors Limited, 2017) Sanni, Tajudeen
In countries where certain human rights are considered privileged luxuries, it is considered a given in official circles that animal rights should take backstage. In Uganda and Nigeria, animal welfare laws dating back to colonial period are essentially about prevention of cruelty to animals viewed in a restricted way and are not couched in terms of a comprehensive set of animal rights. Prevention of cruelty against animals, in its restricted sense, is only an aspect of several rights animals should enjoy particularly under the relevant international instruments to which both countries are parties. The provisions of Ugandan Animals (Prevention of Cruelty) Act, cap 220, 1957 and Part 7 of Nigerian Criminal Code dealing with cruelty against animals are phrased in almost identical terms and do not reflect animal rights in a comprehensive manner. It is within this limited matrix that the regulatory authorities operate. Even at that, the institutional framework provided by Ugandan Animals (Prevention of Cruelty) Act, for example, does not form an organized paradigm that is well constituted to deal with cruelty against animals. The Act refers to ‘authorised officers” and defines that to include, among others, any administrative officer, a term that can refer to officials in any ministry or government agencies. The Act also refers to the position of minister but does not define which minister is in charge of cruelty against animal. The minister of Environment, by law in Uganda as in Nigeria, is the supervisory minister for animals in ecological context particularly wild animals. The minister of Agriculture, also by law in both countries, deals with animal related issues. So who of these two ministers is obliged to act in roles provided by the Act? The convulated institutional and regulatory paradigms is one of the reasons there is problem of enforcement of relevant animal laws in both countries. The more serious reason is that poor animal welfare governance as reflected in law and practice in many countries is down to a more serious issue of poor official attitude to animals which seems to suggest that animals may not really have rights. This paper will discuss these regulatory paradigms and make relevant suggestions not only on the regulatory paradigms but also on the need for a more comprehensive animal rights system in both countries.
Collective bargaining as a corporate governance tool for industrial democracy: the Nigerian experience
(Panamaline Books Distributors Limited, 2017) Mbeli, Valentine Tebi
This article has carefully examined the mechanism of collective bargaining within the context of corporate governance. It posits that the mechanism serves certain important corporate governance purposes to wit; it helps in ensuring industrial democracy by providing an opportunity for employees to participate in corporate decision-making. It also ensures industrial peace by providing a platform for dialogue as a way of settling industrial disputes. Collective bargaining is also important in that it enables employers to improve the working conditions of employees as a way of guaranteeing job satisfaction, thereby, improving productivity. Negotiations under collective bargaining yield collective agreements between management and workers. That notwithstanding, is it obvious that the non-enforce ability of collective agreements works to whittle down the import of embarking on collective bargaining through negotiations
Right to academic freedom: its place under Uganda constitution
(Panamaline Books Distributors Limited, 2017) Obalowose, Ojo
The whimsy absence of express provisions of law on the right to academic freedom in Uganda constitution and other subsidiary laws becomes a precursor to grave violation of this right not only by the state, but also by private individuals and other entities. Aside copious absence of these laws in the Constitution, paucity of knowledge that these rights exist amongst beneficiaries, and the apathy expressed by the judiciary and legislative organs in this direction is worrisome. Those who seem to be aware of the existence of these rights question its legality and applicability. The cumulating of these odds has endeared victims of such violations to take succor on a larger platform through an international instrument under the aegis of “Kampala declaration on social responsibility and intellectual freedom,” which clearly sets out these rights. It is upon these parameters that the scope of this work shall be built as it sets out the right of all stake holders, which includes teachers, lecturers and professors in universities or other academic institutions, and a cursory analysis of legislative and statutory lacuna thereto
Corporate governance and ethical standards in business: the Ugandan experience
(Panamaline Books Distributors Limited, 2017) Walabyeki, Jimmy
Ethics in corporate governance is very important as it gives companies focused and purposeful management, and a competitive edge in business. This is the first installment of a study of legislation and other literature relating to ethics and governance specific to Uganda. In this research the factors affecting good business ethics is considered, as well as the opportunities arising from good ethical practices. The study’s findings indicate that there are several factors affecting ethics in corporate governance in Uganda. These include the company’s internal environment, and the external environment because the company does not operate in a vacuum. Factors in the external environment include the socio-political, cultural and market environments, and the legal environment as well as regulatory environment. The main factors affecting good business ethics in Uganda are in the context of the socio-political environment. This study contributes to the drive by policy-makers towards promoting good corporate governance by drawing attention to the main factors affecting good business ethics in Uganda
Disqualification of company directors under Nigerian law: an overview
(Panamaline Books Distributors Limited, 2017) Mbeli, Valentine Tebi
The principal object of corporate law is to ensure that companies are organised and controlled in a way as to promote the spirit of the corporate enterprise in furtherance of the ultimate ends of economic and social policy. This article gives details of human factor in a corporate law.The purpose of law in which is to provide a general measure of control and criteria for appointing directors, setting out certain conditions which must be satisfied under pain of disqualification
Conceptualising belligerent occupation under internal humanitarian law
(Panamaline Books Distributors Limited, 2017) Balarabe, Kasim
International legal instruments and developed theories have made the ascertainment of commencement of belligerent occupation fairly if not sufficiently clear. These rendered denial arguments less likely or untenable in situations where the requirements or criteria exist. The instruments equally provided for the rights of the occupying and occupied powers and those of the occupied population. The article explains in the concept of belligerent under international humanitarian law including the history of the concepts.
Derivative action and corporate malfeasance in Uganda
(Panamaline Books Distributors Limited, 2017) Sani, Abdulkadir
A Company is an independent legal entity where members invest their resources in order to benefit from the profit deriving from. In the same vein, the management of a company assume managerial powers as contained in the articles of association of the company. The separation of ownership from control creates a serious agency question, that the possibly of conflict of interest which manifests in a plethora of ways including misappropriation of company funds. This mostly affect the minority shareholders who do not have powers to change the decisions or to challenge the actions of the directors of the company. Derivative action is a mechanism whereby the minority views can be heard and action can be taken on how the activities of the directors can be reviewed in situations of corporate malfeasance. This article explains a derivative action where a minority shareholder can assume power to challenge the directors of the company. In this article the writer examines the wrongdoing of the management in a company as well as examines the duties of a director in a company. Causes of corporate malfeasance are also highlighted and instance where it is appropriate for a derivative action supposed to have been taken by a member on behalf of the company. Doctrinal method was used in this article whereby text books, case law and the Ugandan companies Act was consulted.
Tenancy by occupany: is it a tenancy or a tenure?(The incidences of section 29 of the land act, Cap 227)
(Panamaline Books Distributors Limited, 2017) Mugalu, Sarah Banenya
The article brings details about land laws in Uganda in relation to tenancy. Ownership of land would make a lot of sense if it is registered, not only for the statistic of the country but also for the owner. In our case, registration of land under the RTA is, legally, a right in rem. A legal right and a conferment of an indefeasible title within the meaning of the Torrens system of land registration. However, in the event that registered land is encumbered with a tenant or tenants by occupancy, then the supposed indefeasibility of title is negated. It is instead the tenancy that becomes indefeasible irrespective of the fact that it is not registered. The law protects a tenancy by occupancy irrespective of whether it is noted on the register or not. The onerous provisions to secure a court order to evict a tenant by occupancy, under the Land Amendment Act, No. 1 of 2010, guarantee the perpetual nature of the tenancy. Given the fact that a tenant by occupancy can only be evicted for non-payment of rent, through a court process which lasts for nearly a year, it makes the venture very unattractive. It also means that the tenant by occupancy can cause environmental degradation but that by itself cannot be used as reason for eviction. The fact that a tenancy by occupancy can outlive a lease, for example, leaves little room to argue that it is actually a tenancy as enumerated under the long-standing principles of landlord and tenant law or the law of tenancies. A tenancy by occupancy is only but a tenure save for the legislators cajoling the language of the statute to console but also comfort the registered landowners on whose land there happens to be tenants by occupancy occupying it. Call it a tenure and close the fallacy!!
Improving mechanisms for the implementation of international humanitarian law
(Panamaline Books Distributors Limited, 2017) Balarabe, Kasim
International Human Law(IHL) being unique in its rules, compassionate and humane in its operation is aimed at protecting victims of war by ensuring the observance of its fundamental principles of necessity, distinction, proportionality, precaution and above all, that of humanity. IHL balances the concept of military necessity and the protection of war victims in that while recognising the right of belligerent to wage war, neutralise opponents, and destroy objects equally requires respect and consideration for humanity. It protects civilian population during armed conflicts, persons deprived of their liberty, sick, and wounded as well as those under military occupation. It comes into play “when rules and structures are breaking down” and “when humanitarian standards are in jeopardy”. IHL was specifically designed to fit into this inhumane and illegal situation, to bring into being precisely defined rules balancing military needs with respect for humanity. The success of IHL rests on the extent to which its rules are implemented in armed conflict situations. In this light, several international legal instruments notably, the four Geneva Conventions and their Additional Protocols and The Hague Regulations have provided for mechanisms designed to ensure that IHL functions as intended and provide the needed protection to war victims. This article analyses the existing implementation mechanisms and their weaknesses, providing suggestions for their improvement as well as other possible mechanisms the law should take into consideration in future treaties.
Corruption as a crime against humanity: any justification
(Panamaline Books Distributors Limited, 2017) Azeez, Abdulkareem
Corruption is an age old menace having devastating impact on global peace, economic development and progress. It covers a wide range of practices which is bordering on law, economics, security, religion, morality and above all, survival! Corruption impeaches good governance, rule of law, harmony, peace, progress and development. According to the World Bank, more than one trillion dollars is paid in bribes every year and the cross-border flow of proceeds from corruption, criminal activities and tax evasion is estimated at 3.61 trillion dollars every year or the equivalent of 32.5 percent World’s Gross Domestic Product. Similarly, the African Union (AU) estimated that corruption costs African economies in excess of 148 billion dollars a year which represents 25 percent of Africa’s Gross Domestic Product. The cumulative effects of this are slow but painful death of millions of lives who ought to be beneficiaries of the stolen funds. Notwithstanding the overwhelming effect of corruption, it is not listed as one of the crimes against humanity in the Rome Statute. This paper therefore is an attempt to examine the meaning and effect of corrupt practices with a view of justifying the inclusion of corruption as a crime against humanity
Introducing the teaching of African legal jurisprudence in the 21st century: the KIU approach
(Panamaline Books Distributors Limited, 2017) Azeez, Abdulkareem
One of the consequences of colonial rule in substantial part of Africa was the Received English Law. This law was not only alien to the cultural orientation of the African people but significantly compromised the cherished traditional African Justice System, by subjecting amongst others, the customary rules to ‘validity’ test. The colonial approach of planting the United Kingdom legal system into the colonized territories without considering the cultural values and peculiarities of the indigenous people has caused huge historical legal imbalances.This research reviewes the traditional African justice system prior to the arrival of the received English law; during colonialism and in the post-colonial era with particular emphasis on the 21st century law teaching at Kampala International University. The research recommends a unified approach aimed at marrying the inherited legal system with the traditional Africa justice system with a view of bringing out an efficient and acceptable legal system which will reflect the needs and values of the African people.
Kampala International University Law Journal(KIULJ)
(Panamaline Books Distributors Limited, 2017-01) Kampala International University, School of Law
Kampala International University Law Journal is the official journal of the School of Law, Kampala International University. It is a peer-reviewed journal providing distinctive and insightful analysis of legal concepts, operation of legal institutions and relationships between law and other concepts. It is guided in the true academic spirit of objectivity and critical investigation of topical and contemporary issues resulting from the interface between law and society. The result is a high-quality account of an in-depth assessment of the strengths and weaknesses of particular legal regimes with the view to introducing reforms. In furtherance of the requirements of advanced academic scholarship, the Journal pays high premium on originality and contribution to knowledge, plain and conventional language, and full acknowledgment of sources of information among other things. It is superintended by a Board of respected academics, lawyers, and other legal professionals. The Journal offers useful reference material to legal practitioners, international organisations, non-governmental organisations and the academia. It also provides multipurpose policy guide for the government. The Journal is a biannual publication. Calls for articles and submission datelines are determined by the editorial board
Phytotherapy for Diarrhea:
(Research Output Journal of Biological and Applied Science, 2024) Namukasa Mugerwa F
Diarrhea remains a significant global health issue, responsible for approximately 1.9 million deaths annually, particularly in children under five. Conventional treatment includes oral rehydration and antibiotics; however, phytotherapy, the use of plant-based remedies, offers an alternative or complementary solution, especially for cases involving chronic diarrhea or antibiotic resistance. This paper examines the historical and scientific basis of phytotherapy, its pharmacological mechanisms, clinical efficacy, and potential integration with modern medicine. Despite the lack of robust clinical data for some herbal treatments, growing interest in complementary approaches highlights the need for further research. Phytotherapy shows promise in alleviating symptoms and modulating gut health through anti-inflammatory, anti-infectious, and gut-modulating mechanisms. The integration of herbal medicine with modern treatment protocols could enhance the therapeutic approach to managing diarrhea and improve patient outcomes, especially in settings with limited access to modern pharmaceuticals.
The Prospect, Legal, and Medical Issues in Integrating Ai in Medical Practice in Uganda
(Kampala International University Law Journal (KIULJ), 2024) Paul Atagamen Aidonojie; Antai Owoche; Yusuf Abass Aleshinloye; Muzahura Huraira; Khadija Ibrahim Maifada; Babirye Resty
It is not that the 21st century has witnessed a surge and development of digital technology within the global terrain. This digital technology has further taken a new dimension such as Artificial Intelligence (AI) which has aided in enhancing and transforming virtually all sectors. However, it suffices to state that AI has further led to the transformation of healthcare within the global terrain. This is concerning the fact that incorporating AI in medical practice such as telemedicine and the metaverse concept has enabled healthcare providers to render healthcare services in remote areas, training and sensitization of medical personnel and the public on healthcare issues. However, despite this potential of incorporating AI in medical practice, there seem to be legal and medical issues developing countries like Uganda may encounter. Hence, the need for this study to examine the prospect, legal, and medical issues concerning the integration of AI into medical practice in Uganda. Concerning this, the study adopts a doctrinal method of study, the data obtained from the primary and secondary sources were analysed through analytical and descriptive approaches. The study found that incorporating AI in the healthcare system in Uganda will provide several benefits. However, there are legal and medical issues in integrating the AI healthcare system of Uganda, these include regulatory ambiguities, data privacy and confidentiality of patient, the challenges patients consenting to virtual medical care, medical errors that may ensue through AI medical care, and several others. The study, therefore, concludes and recommends that AI provides significant transformative and innovative solutions to the Uganda healthcare delivery system. However, to effectively utilize the opportunities provided by AI there is a need to ensure effective regulatory compliance and engagement of the various stakeholders in initiating a proper medical and ethical practice and guide on how best to utilize AI in healthcare delivery in Uganda.

Browse

Browsing School of Law by Issue Date

Results Per Page

Sort Options