Master of Arts in Law
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- ItemBeyond State Sovereignty and Responsibility to Protect: Exploring Mechanisms for Enforcing Human Rights in Uganda(2024) Beinomugisha AlexanderThis research explores mechanisms for enforcing human rights in Uganda, moving beyond traditional concepts of state sovereignty and the Responsibility to Protect. Despite Uganda having a good legal framework on human rights enforcement, it has failed to progressively realize the fundamental human rights and shields behind the clock of sovereignty, the study investigates the responsibility of Uganda as a sovereign state in protection of human rights viz-a-viz mechanisms for enforcing human rights as well as the legal and institutional framework on human rights and its efficacy, challenges and opportunities in enforcing human rights. The study used a doctrinal research methodology analyzing the primary and secondary sources of data. The study found out that the human rights environment in Uganda is unstable due introduction of claw back and restrictive human rights laws. The study concluded that in exploring the landscape of human rights enforcement in Uganda beyond state sovereignty and Responsibility to Protect, it becomes evident that a multifaceted approach is essential, while traditional framework emphasis state accountability, they often overlook the complexies of local contexts. The study thus recommended that there is a need for diplomatic engagement, capacity building and strengthening of the legal framework.
- ItemAppraisal of The Criteria for Membership of East African Community Somalia’s Perspective(Kampala International University, 2024-11) SIAD MOHAMUD SHIREThis dissertation performs a systematic legal study of the basis of membership of the East African Community (EAC), using the case of Somalia. The study analyses the legal basis of EAC accession, including the Treaty for the Establishment of the East African Community, and the degree to which Somalia qualifies for membership. The research takes a qualitative methodology, using a critical analysis of pertinent treaties, agreements and legal instruments, combined with expert opinion and literature surveys. Findings from the research show that, although Somalia has made notable progress towards fulfilling some of the requirements for EAC membership, including the existence of a stable government and commitment to regional integration, it has not met all the criteria, including the promotion of democratic values, human rights, and the rule of law. The book ends by listing the impacts that Somalia's entry will have on the EAC, and with recommendations to policymakers and other stakeholders on how to make the accession process as smooth as possible. This work adds to the literature on regional integration and membership of the EAC in general and offers a fresh insight into Somalia's experience and the legal and political challenges of Somalia's quest to join the EAC. This book contributes to the existing body of work on East African Community (EAC) regional integration and membership in general, providing a unique perspective on the experience of Somalia and the legal and political challenges of Somalia's application for EAC membership
- ItemAppraisal of the Role of Local Council Courts in the Resolution of Customary Land Disputes in Uganda(Kampala International University, 2024-11) OBURU PETERLocal Council Courts (LCCs) were established under Section 3 of Local Council Court Act, Cap. 18 to among other resolve customary land disputes. This study appraised the role of Local Council Courts in resolving customary land disputes in Uganda. This stems from the fact that land related disputes are among the most prevalent types of disputes occurring within the local communities where land ownership, management and use, as well as its alienation is subject to customary law. This has resulted in rampant illegal and fraudulent land transactions calling into question the appropriateness of the existing legal regime in dealing with ensuing disputes. This study therefore set out to appraise the role of LCCs in resolving customary land disputes. Dwelling mainly on a doctrinal research methodology, the study examined primary sources including; the governing legislations, and case law as well as secondary sources comprising; textbooks, journal articles and internet sources. Customary law which regulates customary land is administered in Uganda through the instrumentality of Local Council Courts. The study’s findings revealed that LCCs, play an instrumental role in resolving customary land disputes. However, the full potential of these courts remain unharnessed due to certain challenges including; inadequate finding by the central government, lack of specialized knowledge by members of the LCCs and Procedural irregularities leading to the reversal of decisions of LCCs, as well as lack of proper enforcement mechanisms. The study recommends a complete overhaul of the LCC system with the view to improving on justice delivery at the local level through the training of LCC members, setting minimum academic qualifications, implementing a system of separation of powers and providing adequate funding.
- ItemImplementation of the EAC Common Market Protocol on Free Movement of Goods(Kampala International University, 2024-11) MARTIAL ANDREWThis dissertation explores the implementation of the East African Community (EAC) Common Market Protocol (CMP) on the free movement of goods, focusing on the challenges and prospects. Guided by three primary objectives, the study aims to assess the implementation of the legal framework governing the East African Community Common Market Protocol on Free Movement of Goods. Employing a doctrinal research design with both primary and secondary data sources, the findings reveal several tariff and non-tariff barriers impeding the effective implementation of the EAC CMP. These barriers include customs duties, quantitative restrictions, and measures with equivalent impacts. Non-tariff barriers, such as political obstacles, high transportation costs, food insecurity, discrepancies in standards, limited logistics and trade services, and restricted access to finance, further hinder the free movement of goods within the EAC community. The study concludes that EAC Partner States, must eliminate existing tariff and non-tariff barriers to facilitate smoother trade and refrain from imposing new restrictions. The research highlights the harmonization efforts by the sub-committee on legal, including aligning laws on companies, partnerships, insolvency, business names registration, immigration, labor, sale of goods, civil aviation, and contracts with the CMP. Moreover, the study identifies practical issues such as the lack of trained staff to certify products at entry points, non-uniform direct taxation policies, border delays, inadequate infrastructure, poor road conditions, high tolls, underdeveloped telecommunications, and energy restrictions, which inflate the final landed prices of goods for Ugandan consumers. Addressing these constraints is crucial for maximizing the benefits of regional integration. This research significantly contributes to the understanding of economic integration within the EAC by illuminating the novel challenges and providing strategic recommendations to enhance the implementation of the CMP regarding the free movement of goods in East African Community.
- ItemExamination of the Legal and Institutional Framework Relating to United Nations Peacekeeping Operations in South Sudan(Kampala International University, 2024-11) KISA CLAIREThe research understudies the legality of peacekeeping operations, focusing on the United Nations (UN) strategy in South Sudan. Peacekeeping has lately become a major means through which international peace and security are maintained, though their execution is often beset by legal, political, and operational issues. The ambiguity in the application of international law to peacekeeping operations, through fragile consent from host states and mandates under Chapter VII of the UN Charter, has created tensions between peacekeeping and peace enforcement. These gray areas have muddied the waters in the case of South Sudan, particularly on issues of neutrality vis-à-vis civilian protection and non-state actors. This study aims to assess the legal and institutional framework for UN peace keeping operations in South Sudan and to examine the challenges therein. With the employment of a doctrinal approach, this study takes into consideration primary sources of the UN Charter, Security Council resolutions, and peacekeeping mandates, and secondary sources comprising scholarly articles and reports. The research reveals grave legal issues with regard to the mandates for peacekeeping, flawed command and control, and inadequate coordination between the UN and regional actors. Notwithstanding these problems, UN peacekeeping has made indispensable contributions towards the stabilization of parts of South Sudan. While the peacekeeping framework put forward by the UN provides a necessary structure through which international interventions can take place in conflict zones, reforms are still very much needed. Clearer mandates demarcating peacekeeping from peace enforcement, comprehensive legal framework of cooperation with regional bodies, and increased training relevant to the specific challenges thrown up by conflicts involving non-state actors are the recommendations of the research. These steps would effectively and legally improve peacekeeping operations in South Sudan and beyond.