Dissertations (Masters)
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Item Recognition and enforcement of foreign judgements in East African Community: Efficiency and the challenge in the harmonisation process(Mzumbe University, 2014) Mwitasi, Killey EbraniaThis work deals with the legal regime on recognition and enforcement of foreign judgements in the EAC member states. Recognition and enforcement of foreign judgement is the act in which one sovereign state accepts and enforce the judgement given in another foreign state. It could be noted that due to the international principle on territory sovereignty, no foreign court can render a judgement which will have an automatic legal force in another sovereign state unless there is agreement to that effect. The increase in movement of people and goods, and the social and economic interrelations among peoples of different jurisdictions has lead the world or other jurisdiction in the world to think and create an easy way of resolving dispute arising out of those commercial and social interrelations by adopting conventions which make easy for the parties to resolve disputes which contains foreign elements. The EU has a good legal regime under its Brussels Regime. The EAC and the Africa as a whole has not made effort to have such kind of regional convention which will make the dispute and judgement rendered in one state accepted in another foreign state without unnecessary complications. This is due to poor policy framework and political commitment to enact such kind of convention. In order to get precise materials for writing this work, researcher employed two research techniques, library research and field research. In library research materials were gathered from legislations, policy documents, newspapers and magazines, articles, textbooks, and case law. In field research the tools employed includes; interviews, questionnaires, email and telephone interviews. The research conducted revealed that there is no EAC convention on recognition and enforcement of foreign judgement among members state, instead reciprocity arrangement between states applies. Each state has its own legal regime for this purpose which varies from one another. This may be attributed to the fact that private international law was in early years rarely taught in EAC old universities making the old generation lawyers unfamiliar with the principle at study.Item Protecting forests against illegal logging in Tanzania: Examining the law and practice(Mzumbe University, 2023) Kilonzo, Claudi ChristopherThis study examined the law and practice on forests protection against illegal logging in mainland Tanzania. It proceeded from the view that despite the country’s seemingly strong legal framework deterring, criminalizing and sanctioning illegal logging practices, studies show that, its forest cover declines at an alarming rate. Studies show that, 70 percent of the country’s forest loss is due to illegal logging. This necessitated a study to examine the law and practices in protection of forests with a view to exploring legal and practical challenges in curbing illegal logging of forests in Tanzania. This study was limited to Mainland Tanzania, with a specific focus on Morogoro Region. It adopted exploratory research design to collect data through documentary review and in-depth interviews. A sample of thirty-five (35) respondents was involved. The data obtained was qualitatively analyzed and interpreted through content and thematic analyses. The study found some legal and practical challenges with regard to protecting forests from illegal logging. In relation to legal challenges, it was found that, the existing legal regime on forests protection is inadequate. Some of the provisions enacted in the Forest Act are vague while sanctions are relatively lenient. On the practical aspect, it was found that, the absence of qualified officials and limited resources for forest patrols at the Tanzania Forest Service Agency (TFS), interference with efforts to deal with illegal loggers, corruption among some forest protection authorities, excessive forest dependence by citizens living adjacent to forests and mid-night illegal forest operations are among the factors that hinder protection of forests from illegal logging. Consequently, the study recommends amendment of the Forest Act to address its unclear construction and, impose severe sanctions to illegal loggers. Again, the study recommends transformation of the TFS to a military agency to strengthen its performance. In addition, the government should encourage the use and facilitate availability of alternative sources of energy to reduce excessive dependence on forests. Further, the study recommends a deliberate fight against corruption in the forest sector and, along the chain of detection, investigation and prosecution of illegal logging.Item An assessment of the law on the use of force under the UN charter in curbing terrorism(Mzumbe University, 2011) Marwa, Charles W.The dissertation assess the law on the use of force under the UN Charter in curbing terrorism in particular. The main question addressed is whether the UN Charter contains provisions to curb terrorism as well as exploring the UNSC Resolutions to that effect. It also assesses the lawfulness of the use of force against terrorism as practices by the US and its allies. It further focuses not only on this specific use of force, but also on the changing nature of conflict, definition of terrorism and on the historical evolution of limitations on the use of force, from 1945 until to date. In the five Chapters which traces the timeline development of international law and use of force in curbing terrorism, limitations on the resort to force in particular to combat terrorism, the use of force in self defense, preemptive self defense, the use of forcible measures short of war, and the use of force in response to non-state actors. Also the study discusses the UNC from its inception, including its relevant provisions which do not provide a conclusive answer, or contain any provision that deal specifically with prohibition of terrorism. The trend shows that in the course of the last two decades, the Charter regime has been re-adjusted so as to permit forcible responses to terrorism under more lenient conditions. The Charter permits two kinds of forcible measures that are; collective responses and self-defense. Hence there is significant doubt as to lawfulness of using force by states against terrorism by other means save for SC authorization. Furthermore, the study major findings and recommendation challenges the common assumption that the use of force against terrorism was an example of states exercising their inherent right to self defense, it argues that if this particular use of force is not challenged, it will lead to expansion of right of self-defense which will hinder rather than enhance international peace and security. Finally, this study draws on recent examples to illustrate the use of force against terrorism could become a dangerousItem Amnesty and peace agreements as alternative means to prosecution in international law: a critical analysis of African experience(Mzumbe University, 2014) Samson, LameckSince the mid 1970s, at least 14 states on fours continents have declared amnesty, or enacted amnesty laws immunizing past regimes from accountability and liability.1 Packaged into post-conflict peace agreements, amnesties are ceded by war-weary parties and often endorsed by an international community keen for peace. The aim of this dissertation was to explore African States‟ practice in introducing amnesty laws packaged into post-conflict peace agreements, to perpetrators of atrocities. In so doing, it starts by asking the following questions; are there certain general patterns that should be followed in making the choices that will guide the transitional justice process? And what condition should be followed? Can negotiations with the main perpetrators of large-scale human rights violations bring peace closer? The study found that a post-conflict society has a legal obligation to prosecute and punish the perpetrators, simply because retribution is exactly what most victims of past atrocities want. And indeed, it serves to heal their wounds and to restore their self-confidence because it publicly acknowledges who was right and who was wrong and, hence, clears the victims of any labels of „criminal‟ that were placed on them by the authorities of the past or, indeed, by rebel groups or the new elites. However, it is prudence to consider whether punishment is the appropriate response in any and every context. In fact that at the end of a period of violent repression calls for rebuilding the political machinery and the civil service, security, disarming rebel movements, reorganizing the army, rebuilding infrastructure, establishing a non-partisan judiciary, healing the victims, repairing the damage inflicted on them. These cannot be achieved by prosecuting perpetrators because prosecutions are unlikely to further tasks of national forgiveness and, thus, future peace. Therefore, having found that the researcher examining the possibility of employing Article 53, 17 and 16 of the Rome Statute that seems to allow amnesties to operate. Finally, the study recommends the application of multiple legal mechanisms to bring about accountability and reconciliation in post-conflict transitional societies.