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Item Protecting the rights of detained juvenile delinquents:Tanzanias compliance with international standards(Acharya Nagarjuna University, 2018) Mwajuma,KadiluThe main idea of this study is to assess Tanzania’s compliance with international standards in protecting the rights of detained juvenile delinquents. The study is based on the premise that Tanzania is not protecting the rights of juvenile delinquents up to the required international standards. Sometimes, juveniles are involved in delinquent acts which bring them in contact with the police, courts or find themselves in detentions where they may be incarcerated. Consequently, they become victims of human rights violations as they are often detained for long period of time, sometimes in adult facilities where they are at high risk of violence including sexual violence, acts of torture, punishment and inhuman or degrading treatment. They also lack legal assistance throughout legal processes and in the detentions there are no rehabilitation and reintegration programmes to prepare them for life after release. Divided into six chapters, this study examines Tanzania’s compliance with international standards in protecting the rights of detained juvenile delinquents. The study is confined to the Mainland Tanzania and it is limited to the rights of juvenile delinquents when they are placed in penal detentions only. It does not address the rights of juvenile delinquents in mental health detentions or when they are under the custody of Social Welfare or Immigration Officers. The work consists of data from library research which lays a theoretical framework of the problem and field data that supports the theoretical work. Through library research, books, legislations, articles, international conventions, government notices, various reports and periodicals were examined. In the field research, data were collected from twenty two detention facilities and from individuals dealing with the administration of juvenile justice in Tanzania. The study revealed that despite the Government’s efforts to improve juvenile justice system, the laws and practice governing detained juvenile delinquents are still falling short of international standards which the country has ratified and domesticated. The major reason for non compliance with international standards has been found to be the poor administration of juvenile justice rather than lack of infrastructures as contended by the Government in its various reports. The country is also lacking the actual implementation of the laws relating to juvenile justice. In the end, the study suggests inter alia, that there is a need to establish and operate Retention Homes in all zones of the country and to construct juveniles’ cells, wings or wards in all police stations and prisons. Further, the researcher urges the Ministry of Constitutional and Legal Affairs to establish the Government-funded legal aid scheme for juvenile delinquents to ensure free and accessible legal assistance to them so as to realize their rights throughout the justice process.Item A critical assessment of the legitimacy of the international investment arbitration system: A call for reform(University of the Western Cape, 2015) Cosmas, JuliusCurrently most international investment disputes are settled through arbitration. The origin of this dispute settlement system can be associated with the recent proliferation of over 3000 Bilateral Investment Treaties. Through this system disputes are settled by autonomous and differently constituted tribunals which have powers to render final and binding awards. The dissatisfied party has very limited opportunity to challenge the rendered award as there are no higher bodies in the hierarchy where a dissatisfied party can lodge an appeal, save for limited procedural challenges which are allowed under the system. These differently constituted tribunals at times reach diametrically opposed decisions on similar facts and those decisions stand side by side and all are considered valid. These inconsistent decisions are leading to lack of consistency and uniformity which in turn affects the legitimacy of the system as a whole. The rules of these institutions do not allow the proceedings to be held in public despite the fact that at times these tribunals question the regulatory powers of the state and state measures on service provision to its citizens. Another issue under the current system is that due to lack of coordination, arbitrators play dual roles: as counsels and arbitrators. This practice compromises the cherished principle of the rule of law. In the effort to address these concerns, stakeholders have suggested a number of possible solutions. The suggested solutions include: invoking res judicata and lis pendens principles; adopting the doctrine of precedent; applying the ‘fork in the road’ principle; adopting the margin of appreciation standard in interpretation of BITs; creating an appellate structure at ICSID and creating a treaty to treaty appellate body. This research submits that, the suggested solutions singularly and cumulatively don not address the legitimacy issues adequately. The research therefore calls for the establishment of a Multilateral Agreement on Investment (MAI) in order to address the legitimacy issues cumulatively. It is submitted that establishing a Multilateral Investment Agreement (MAI) which provides for creating a standing international investment court with an appellate court is the only solution which addresses all the issues haunting the international investment dispute settlement system. In addition, the research suggests interim solutions which will help to increase the legitimacy of the current system pending the establishment of the MAI and the courts. The interim solutions include: establishment of the investor – state dispute adjudication Centre; effective utilisation of host state courts; mandatory publication of all awards; enhancing the effective use of member states interpretative statement; and forming a working commission to provide basic interpretation and the scope of the basic international investment law principles. These measures are only meant to improve the current system pending the establishment of the MAI and the courts. The research concludes that for the betterment of international investment law, the reform is inevitable and that the benefits would outweigh any demerits.