Dissertations (Masters)

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    Enforcement of the provisions of the UNCLOS 1982 on marine pollution by marine vessels: A case study of Tanzania
    (2013) Lauden, Leonard
    The law of the sea is of systematic importance to the discipline of public international law, it teaches the society about historical, social, economic and political forces that play upon the formation and interpretation of legal principles. It has provided out solutions of different problems worldwide, including marine pollution as it has been indicated on article 199-222 of the UNCLOS III of 1982. Marine pollution is a wide reaching problem and its influence to the health of human populations is great. This paper provides the insight view the enforcement of the law of the sea of 1982 using Tanzania as a case study. The study finds that these kinds of pollutions are not only seriously affecting the human health and economic welfare, but also the animals. It would appear that many coastal states including Tanzania are not keen to watch out the problems caused by marine vessels seemingly infringing what the Convention stands for. The study reveals also the contradiction caused by UNCLOS III via its articles in narrating down the control of marine pollution from marine vessels, hence, raising difficulties in enforcement. It is submitted that states including Tanzania should restructure their policies and regulations to conform to their assumed obligations under the Convention. According to this study, still time left in the hands of global institutions, governments and local bodies to use the 1982 United Nations Conventions on the Law of the Sea to balance the marine problems caused by marine vessels worldwide including Tanzania for safeguarding the interests of marine industry.
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    Assessment of the effectiveness of the laws governing tax exemptions on donor funded projects in Tanzania mainland
    (2014) Maseu, Restituta Peter
    This study aims at making assessment on the effectiveness of the laws governing tax exemption on donor funded projects in Tanzania, particularly the enactment of the provision of tax exemption, whether they are effective in relation with donor funded projects. In assessing this issue, the basic question relates to the extent and significance of the provisions of the laws in bringing about the needful of its intention to enhance income collection for the growth of the government revenue in Tanzania. A necessary concomitant of the study is to endeavor or render a jurisprudential justification for the effectiveness of these Laws towards the recognition of the possible loopholes of which one may use in vacating from paying tax on the ground of being a donor funded project. Also, the need for the decisions based on income generation and socio-economic consideration within the country. The qualitative approach and literature review for collection of primary and secondary data were adopted. It has been observed that tax exemption in donor funded projects is the results of decreased of government revenue, tax avoidance, existence of bias between donor funded projects and indigenous projects within the country and corruption. Also the researcher suggested and recommended on the way in which such loopholes are to be controlled and the measures to be taken to avoid such problems by find what conditions and limitations the law provides for the donor funded project to receive tax exemption and to what extent, its judicial process and sophistication influence its perception, development and utilization of the tax exemption on donor funded projects in enhancing income generation within the country. Hence the study recommends enactment of an efficient and responsive legal framework to address the above legal issues with the view to enhance donor funded projects in the all system of government revenue. Not only that it is recommended that further research has been conducted on the tax exemption especially on donor funded projects.
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    Analysis of legal framework on investment promotion and contribution to technology dissemination in Tanzania : A case of selected mining companies
    (2014) Bonephace, Mectrida
    This study premises that legal and regulatory framework on investment, particularly the mining investment, grants more promotions than it is necessary. The study was hopeful that since the government has hosted mining operations for a long time, and the benefits thereon have long been pecuniary ones, (which have not transformed the country from poverty) the government should have planned for the best benefits from mining investments. The best benefit proposed by this study is tapping technology which will enable the government operate and run the mining sector on its own, with little or no dependence on foreign entities. Technical development sustains the mining sector and renders the sector beneficial to the State and its nationals; instead of being enjoyed by the foreigners whilst the indigenous are impoverished. In this study, data collection mechanisms involved: library research, interviews and direct observation. The targeted area of research was mining sector - via selected mining companies. The study’s concern is that, technology transfer is neither cheap nor easy. Since the promotional benefits offered to the investors are excessive and most especially resulting in revenue loss, the benefits granted to the investors should be honoured at least by tapping, nurturing and sustaining the technical know-how which is already available in the boundaries of the nation as brought by the investors. This process would be less expensive than buying and transferring the same from the country of origin. The study finds that investment promotion is a necessary evil. Lack of technology in respect of mining management jeopardizes Tanzania’s participation in mineral indulgence. However; dissemination has been impractical due to lack of legal pressure to that effect. Neither the Mining Act nor the Investment Act nor any other law in the country has provided for a vigorous need to tapping technology. In order to achieve technology retention therefore laws and regulations governing mining and investment need a quick reform. Institutional framework should also be strengthened for purposes of making sure technology keeping in the territory is conceivable.
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    Protection of economic rights of authors of traditional songs in Tanzania: Assessment of the law and practice
    (Mzumbe University, 2015) Sivonike, B.
    The protection of economic rights of authors of traditional songs in Tanzania is hindered by the legal framework which does not effectively safeguard and promote the efforts and rights of authors of traditional songs. This hinders authors of traditional songs from benefiting economic rights and their consequences have been assessed and analyzed based on the existing laws. The objective of this study was to assess the laws governing the protection of economic rights of authors of traditional songs in Tanzania Mainland; by analyzing whether The Copyright and Neighbouring Rights Act, [Cap 218 R. E 2002] is effective on the protection of the economic rights of authors of traditional songs. In conducting this research, the researcher employed two methods of data collection these are documentary review and field research. The researcher carried an intensive review of various text books and other related materials as part of documentary review. Interview and questionnaire were also employed in collecting primary data as far as field research is concerned. The methods employed were useful in tracing the background to the problem as well as to collect different views from various scholars on the source of the problem so does the way to embark the same. Hence it come to be known that, the authors of folk songs have never surrendered their economic rights to the state willing fully, and it was not the primary duty of the state so to do. The role of the state is just to protect and to foster the traditional songs to develop and exist. As the consequence the economic value has to be owned by the author or community itself. That the state has to facilitate the economic value of folk songs, to protect its people but not to hold copyright as how it is by now. It is neither the state which has the moral nor economic rights of the folk songs since it is not the creator. The state is the political entity and not the cultural entity. The most critical problem is the provision of copyright to the state as a holder while the community from which that song emanates still exists and benefits nothing.
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    The principle of uberrimae fidei in insurance contracts: Analysis of health insurance contracts and their legal implications on persons living with HIV/AIDS in Tanzania
    (Mzumbe University, 2015) Kanje, Aden Adolf
    The focus of this research is on the principle of uberrimae fidei in insurance contracts: analysis of health insurance contracts and their legal implications on persons living with HIV/AIDS in Tanzania. The study seeks to make analysis of health insurance contracts and their implications on persons living with HIV/AIDS in Tanzania. The rule, technically known as uberrimae fidei, is very fundamental as far as insurance contracts are concerned. Despite its role in such contracts, it has caused numerous problems to the insured persons especially those living with HIV/AIDS. This paper reveals the unfortunate truth that the problems encountered by innocent health insurance proposers, who relied on human rights for persons living with HIV/AIDS, are root-based in the health insurance legal regime in Tanzania, which does not provide sufficient protection to the policy holder against insurers, who relied on that principle of uberrimae fidei, in their intermediation between the insurers and the insured. The law is not clear or has a gap as to what to observe between the principle of uberrimae fidei at the time of the formation of the health insurance contract or the rights of persons living with HIV/AIDS who wishes to have their health insured. The gap brings about the breach of those rights as some of the health insurance providers demands disclosure of information which led to the breach of those rights. Though the Insurance Act was enacted with liberal spirit as it claimed, it fails to strike a balance between the interests of various stake holders in the field of insurance that is between the applicants or proposers or insured who are HIV/AIDS victims and the insurers. Consequently, the protection of the policy-holders, which is the apparent primary objective of the Insurance Act, is compromised in this regard. That is to say the laws create a weaker part (health insurance proposer) and a stronger part (the insurer). That situation caused the weaker part to the health insurance to suffer or to be forced to compromise even when it comes to the fundamental rights of the health insured proposer. The research involved library research so as to lay down a theoretical framework of the research. Internet and field research also helps in providing some relevant materials in that regard. Data was collected through oral interviews and questionnaires. In which case the study found out that the law is silent on how persons living with HIV/AIDS are supposed to do or what to disclose and what not disclose regarding their health status when they need to inter into health insurance contracts. The researcher recommends that amendments of laws should be done so to protect the interests of persons living with HIV/AIDS when it comes to health insurance on the aspects of disclosure of their health status. These includes having some provisions of the laws which will provides specifically that in case persons living with HIV/AIDS wishes to have his or her health insured especially with private health insurance companies or schemes it should not be necessary for him or her to compulsorily undergo HIV/AIDS testing or in case of involuntary testing then there should be redress towards that person.
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    The future crime of aggression: the interplay between ICC and UNSC
    (Mzumbe University, 2016) Suleiman, Kikula
    The crime of aggression is one of the grave crimes under international law and touches the concern of the international community as a whole. Despite its inclusion in the Rome Statute, 1998 the International Criminal Court (ICC) has no jurisdiction over the crime due to nonexistence of clear definition and elements constituting the crime. The proposed amendments to the Rome Statute through the Resolution RC/Res. 6 of 2010, define the crime of aggression and specify its elements. However, the Resolution RC/Res. 6 subjects the jurisdiction of the ICC to the mandate of the UN Security Council. In this situation, the ICC cannot exercise its jurisdiction over the crime of aggression directly unless the UN Security Council has first determined the existence of an act of aggression with regard to such allegations. This has a direct effect to the institutional independence of the ICC and it creates jurisdictional complications on the crime of aggression. The general objective of this dissertation was to analyse the Resolution RC/Res. 6 with regard to the jurisdiction of the ICC on the crime of aggression by examining the interplay between the ICC and the UN Security Council. For the purpose of this study, the researcher applied doctrinal legal research, field research and library research and undertook the study within the regions of Dar es Salaam, Dodoma and Morogoro in Tanzania. For the purpose of data collection, the researcher obtained primary data by the use of interview and questionnaire methods as well as documentary review for secondary data. The collected data was analysed through qualitative data analysis. Generally, the findings show that, most of the respondents are still in doubts as to whether the crime of aggression will be effectively tried by the ICC due to the predetermination requirement set by the Resolution RC/Res. 6. The researcher concludes that the UN Security Council may use this power to delay proceedings of the crime of aggression at the ICC hence affecting the future of the crime and confidence of the international community over the crime.