Master of Arts in Law
Permanent URI for this collection
Browse
Recent Submissions
Now showing 1 - 5 of 129
- ItemEvaluating the Effectiveness of Legal Reforms in Sudan since 2005 in Mitigating Racial and Ethnic Discrimination(Kampala International University, 2025-07-18) Norein Adam Abdelgafa Baher,This article critically examines the effectiveness of legal reforms enacted in Sudan since 2005 in addressing racial and ethnic discrimination, with particular attention to marginalized regions such as Darfur, the Blue Nile, and the Nuba Mountains. Employing a doctrinal legal research methodology, the study analyzes key legislative instruments including the Interim National Constitution (2005), the National Human Rights Commission Act (2016), and the Criminal Act amendments (2020)in conjunction with Sudan’s obligations under international law, including the ICCPR and ICERD. The findings reveal a persistent disconnect between the statutory prohibition of discrimination and the practical enforcement of these norms. Institutional weaknesses, political interference, and entrenched customary practices continue to undermine the effectiveness of legal reforms. Ethnic minorities remain disproportionately affected by selective law enforcement, restricted access to justice, and militarized state responses. The article concludes that while Sudan’s legal framework demonstrates formal compliance with international anti-discrimination standards, its implementation remains inadequate. It recommends comprehensive judicial reform, enhanced legal literacy initiatives, increased resource allocation to regional enforcement bodies, and deeper integration of international legal norms into domestic legislation to ensure effective protection of minority rights
- 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.