THE PRACTICAL CHALLENGES FACING EXPROPRIATION OR TAKING OF INVESTORS PROPERTY BY THE HOSTING STATES. HOW SHOULD IT BE? | Author : Gabagambi Liberatus Cosmas | Abstract | Full Text | Abstract :The study explains the challenge that faces foreign investors when investing in the foreign land. The study deals with practical experience which happens in different jurisdiction and decided cases. It covers in detail the concept of expropriation or taking of investors property. That, expropriation or taking is something done by hosting states but the issue is how should it be done? Should it be lawful or unlawful; law, agreements and treaties governing expropriation and protecting investors property requires expropriation to be done according to the law otherwise it will be unjust.
The paper discusses the forms of expropriation such as nationalization, political ideologies, change of government regime, variation of the original contract or agreement. The study proposes that expropriation should be fair and just and the principle of equal treatment of investors should be respected at the time of taking foreign investors property. Local and foreign investors should be treated equally and the compensation must be according to market value and the taking of the investors property must be the last option. The data and all information contained in this paper where collected through a review of available literature including journal, articles, decided cases, reports, papers, textbooks and thesis |
| HORRID FORCES OF INJUSTICES | Author : Jakir Hossain | Abstract | Full Text | Abstract :Forces of Injustices is a topic focuses on issues and factors of crimes and injustices having profound thoughts of discussion. The study has clarified valuable implications and some overlaps between issues of inter –related fields within justices fields of study. The final phase of analysis has reached its decisions on findings which indicate the true aspects of contexts in which injustices and crimes abound in places of services include legal courts, administrative offices and cells of forces. Impacts and influences of feminism policies and rules devastate the fair, just policies of law and deliberate forms of discriminations against males are enforced by the feminists’ rules nationwide and abuse or misuses of law and opportunity are vastly manipulated. The findings also suggest that such institutional ill forms of treatments agitate social peace stability and cause nascent state of injustices lacking in presence of a competent leader. |
| THE MAJOR PROBLEMS OF THE ROHINGYAS OF MYANMAR (BURMA) AND PRESENT SITUATION. | Author : Md. Zahidul Islam, Ridoan Karim | Abstract | Full Text | Abstract :Rohingya is a people under endless tyranny. They are living in Arakan region of present Myanmar (Burma). They have long been subjected to campaigns of terror, genocide and extermination particularly under the military rule in Myanmar since 1962. The aim of this article is to highlight the major problems of Rohingya ethnic of Myanmar (Burma). In the same time, this article also tries to identify the present situation of Rohingya ethnic of Myanmar (Burma). The research will adopt qualitative methods of research. The Rohingya problem needs an immediate and permanent solution to which fact international community like United Nation (UN), Organization of Islamic Conference (OIC), Non-Government Organizations and Human rights Organizations have to take attention on this issue. |
| YOUTH COMMUNITY IS DELIBERATELY & INTENTIONALLY MADE IDLE CRIMINALS | Author : Jakir Hossain | Abstract | Full Text | Abstract :Youth community is deliberately and intentionally made idle criminal is the topic that has been studied, examined and researched to justify the meaning of the topic. Many different issues and factors of relations, and interaction are interwoven into the main concept . The analysis and discussion have suggested findings and results which focus on the perspectives include biased administrative, legal and educational policies, decisions beget sheer discriminations, forms of injustice and crimes committed and evinced to a large youth groups who are not only made utter despondent but violent and criminals owing to lacking in the right leadership and the rampant aggressive feminist rules in the country . |
| REFUGEE MICROENTERPRISES: PROSPECTS AND CHALLENGES | Author : Omar Kachkar | Abstract | Full Text | Abstract :Economic engagement of refugees and supporting their micro enterprises have been acknowledged long ago by UNHCR and humanitarian agencies as an effective solution to promote self-sufficiency and self-reliance of refugees and to improve their socio-economic situations.However, in terms of implementation, economic engagement of refugees has remained to minimum levels. They remain for years unemployed and inactive, struggling with poverty and suffering with all consequences of the unbearable state of limbo, with no way forward and no way backwards. Six interviews have been conducted with experts from five aid and relief organisations as follows; UNHCR, International Federation of Red Cross and Red Crescent Societies (IFRC), Malaysian Social Research Institute (MISR), Islamic Aid Malaysia and (IAM), Islamic Relief Malaysia (IRM). Findings of the interviews indicate to a verity of challenges encountered by NGOs and humanitarian agencies. On top of these challenges in the legal challenge and the absence of the supportive environment in the host countries, followed by the lack of financial resources to support the RMEs and the lack of experienced institutions to cater microfinance and microenterprise for refugees. This study concludes that despite all the challenges, supporting microenterprises for refugees should be given adequate concern due to the changes in refugee trends in terms of the unprecedented number and in terms of the length of the average stay of refugee in exile and due to the successful stories of refugee micro-entrepreneurs when they are encouraged with the supportive business environment in host countries. |
| ETHICS, RULES OF PROFESSIONAL CONDUCT AND DISCIPLINE OF LAWYERS IN NIGERIA: AN OVERVIEW | Author : Ibrahim Abdullahi | Abstract | Full Text | Abstract :Over the last decade in Nigeria, societal interest in the ethical aspect of the legal profession has been on the increase. The question of protection of the individual client, fellow professional lawyers, courts and the legal profession itself have become paramount. There has been lately, a significant increase in the frequency with which litigants have written petitions against lawyers and judges and in the case of lawyers, with a view to suing them. Professional misconduct tends to have profound effect upon the way in which law is practiced in Nigeria. It is in the execution of this responsibility that Chief Bayo Ojo – the then Honourable Attorney General of the Federation and Minister of Justice/ Chairman, General Council of the Bar carried out in the year 2007 a comprehensive review of the Rules of Professional Conduct for legal Practitioners in Nigeria. This paper examines the Ethics, Rules of Professional Conduct and Discipline of Lawyers in Nigeria and concludes that the 2007 Rules have succeeded in embodying the ideal human conduct required of a legal practitioner. What remains is in trying to enforce the observance of these rules which had largely been curtailed by the “brother’s keeper syndrome” as much breaches of the rules of professional conduct are not reported to the appropriate authority. This has largely being the reason why there have very limited erring legal practitioners been punished for contravening the rules of professional conduct. |
| PROTECTION OF THE CHILD FROM DEGRADING TREATMENT IN TANZANIA: A CRITICAL ASSESSMENT OF THE LAW AND PRACTICE | Author : Kevin Mandopi | Abstract | Full Text | Abstract :The child should be protected by his rights. Protection of child rights and welfare makes the child able to reach his physical, mental, emotional and social potentials. The child needs to be provided with necessary services for his growth from his parents, relatives and the State. The study by Legal and Human Centre reveals that:
‘There has been an increase of violations of the rights of children in Tanzania. Tanzanian children are seriously vulnerable to cruelties of all forms, including sexual offences, physical and emotional neglect, physical abuse, child labour, and even murder. Rape incidences account for about 75% of the reported.’
Thus, the child needs to be protected against torture and degrading treatments, involving in different pornographic activities, sexual exploitation, drug abuse, and trafficking of drugs, child trafficking, child sale, abduction, degrading fosterage and adoption. The Public Enquiry on Violence and Abuse against Children conducted in eleven Districts in Tanzania to a total number of 307 cases revealed that the child highly suffers from degrading treatment. Thus, appropriate measures are required to be set on place with a view of protecting the child against degrading treatment. |
| A CRITIQUE OF THE JURISDICTION OF THE NATIONAL INDUSTRIAL COURT IN HUMAN RIGHTS ENFORCEMENT IN NIGERIA | Author : Abdullahi Saliu Ishola, Adekunbi Adeleye, Daud Momodu | Abstract | Full Text | Abstract :Many reforms aimed at improving the administration of human rights justice system in Nigeria, especially towards curbing delay in such cases, avoiding technicality and improving access to courts, have been undergone in the recent past. Of significant note is the vesting of jurisdiction in the National Industrial Court (NIC) in the enforcement of labour-related human rights violation. This development, like a coin, has its two sides of pros and cons. With the increase in the number of court with jurisdiction in human rights cases it heralded, it creates a wider access to courtOn the other side of the coin however, with limitation of the NIC’s jurisdiction to labour-related human rights issues, the court may have to grapple with determination of its jurisdiction and consequently engenders delay which the reforms aimed to eradicate. Besides, it is doubtful whether the Fundamental Rights (Enforcement Procedure) Rules, 2009 would be applicable to human rights proceedings before the court. This is in view of the wordings of section 46 of the Constitution. Also, section 254 (C) stipulates that the human rights jurisdiction vested in the NIC pertain only to “any dispute over the interpretation and application of the provisions of Chapter IV” and not necessarily human rights employment. To this end, adopting analytical legal research approach, this paper critically reviews the jurisdiction of the NIC in human rights enforcement and makes a case for necessary further reforms that would make the jurisdiction better beneficial. |
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