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Full-Text Articles in Law
Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan
Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan
Srividhya Ragavan
No abstract provided.
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
Dermot M Groome
The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court have come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution’s investigative …
Freedom Of Association And Ngo Law: The Constitutionality Of The 2009 Zambian Ngo Law, Muna Ndulo
Freedom Of Association And Ngo Law: The Constitutionality Of The 2009 Zambian Ngo Law, Muna Ndulo
Muna B Ndulo
Freedom of Association is entrenched in the Zambian Constitution and in several International Law instruments to which Zambia is a party. By hindering the independent and effective operations of NGOs, the Non-Governmental Organizations (NGO) Act of 2009 unjustifiably curtails this freedom. This paper examines the NGO Act and documents the various instances in which it imposes an unconstitutional, unjustifiable and disproportionate hindrance on the ability of NGOs to operate effectively. It argues that the Act threatens to roll back the enormous gains that NGOs have made and continue to make in fermenting accountable, democratic and effective governance in Zambia.
Law Association Of Zambia V. The Attorney General (Appeal No. 8/2014) [2016] Zmsc 243, Muna B. Ndulo, Samuel Ndungu
Law Association Of Zambia V. The Attorney General (Appeal No. 8/2014) [2016] Zmsc 243, Muna B. Ndulo, Samuel Ndungu
Muna B Ndulo
No abstract provided.
Attorney General V Mutuna And Others (Appeal No. 088/2012) [2013] Zmsc 38, Muna B. Ndulo
Attorney General V Mutuna And Others (Appeal No. 088/2012) [2013] Zmsc 38, Muna B. Ndulo
Muna B Ndulo
No abstract provided.
Hichilema And Another V Lungu And Another (2016/Cc/0031) [2016] Zmcc 4 (5 September 2016), Majority Judgment, Muna Ndulo
Hichilema And Another V Lungu And Another (2016/Cc/0031) [2016] Zmcc 4 (5 September 2016), Majority Judgment, Muna Ndulo
Muna B Ndulo
No abstract provided.
Constitution Making: The Role Of External Actors, Muna B. Ndulo
Constitution Making: The Role Of External Actors, Muna B. Ndulo
Muna B Ndulo
In the past three decades new constitutions have been developed in many parts of the world, often in the aftermath of conflicts, but also in response to demands for more democratic political systems or for the resolution of institutional crises. In these processes, the international community often plays an important role. This article considers the role that external actors play in the elaboration and development of new constitutions in post-conflict societies. It identifies both the negative and the positive roles external intervention can play and suggests approaches that could be adopted by external actors to maximize their impact while avoiding …
Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion
Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion
Amy C. Gaudion
There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …