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Articles 1 - 30 of 33
Full-Text Articles in Law
Determining Whether Female Circumcision Is A Human Rights Violation, Mahdiyyah Kasmani
Determining Whether Female Circumcision Is A Human Rights Violation, Mahdiyyah Kasmani
Bridges: An Undergraduate Journal of Contemporary Connections
Female circumcision is a traditional practice commonly associated with culture, religion, or a mix of both. The aim of this paper is to evaluate the controversy surrounding female circumcision and determine whether this practice is justified or a violation of human rights. There are two main critiques of female circumcision as posed by the international community. The first critique is the health risks associated with the procedure and the second risk is the lack of consent within practicing communities. Due to these reasons, female circumcision is not only outlawed in most African countries with its disbandment supported by the African …
Tanzania Blocks Direct Petitions To The African Court On Human And Peoples' Rights, Ben Phillips
Tanzania Blocks Direct Petitions To The African Court On Human And Peoples' Rights, Ben Phillips
Human Rights Brief
No abstract provided.
Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?, Morgan R. Thomas
Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?, Morgan R. Thomas
Georgia Journal of International & Comparative Law
No abstract provided.
Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga
Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga
Joseph Isanga
This article examines Kenya's international human rights obligations and finds that there is support for religious courts, provided relevant human rights guarantees are ensured. Kenya's Kadhi's courts have existed in the constitution since independence from the British. So why do some religious groups now oppose them or their enhancement under Kenya's Constitution? Opponents of Kadhi's courts advance, inter aha, the following arguments. First, Kadhi's courts provisions favour one religion and divide Kenyans along religious lines. Second, they introduce Sharia law. Third, the historical reasons for their existence have been overtaken by events. Fourth, non-Muslims shouldn't be taxed to fund a …
International Gas Outlook And Implications For Developing Tanzania’S Gas Projects, Nicolas Maennling, Perrine Toledano, Thomas Mitro
International Gas Outlook And Implications For Developing Tanzania’S Gas Projects, Nicolas Maennling, Perrine Toledano, Thomas Mitro
Columbia Center on Sustainable Investment Staff Publications
In the frame of its partnership with Uongozi – Tanzania, CCSI drafted a brief that reviews recent international gas developments, the outlook in this regard and implications for the development of proposed offshore gas projects in Tanzania. As the country aims to benefit from its gas discoveries by increasing its domestic gas use, it also outlines some of the trade-offs and considerations that need to be taken into account when negotiating the domestic gas allocation.
State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole
State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole
Georgia Journal of International & Comparative Law
No abstract provided.
Oil Under Troubled Waters?: Some Legal Aspects Of The Boundary Dispute Between Malawi And Tanzania Over Lake Malawi, Tiyanjana Maluwa
Oil Under Troubled Waters?: Some Legal Aspects Of The Boundary Dispute Between Malawi And Tanzania Over Lake Malawi, Tiyanjana Maluwa
Michigan Journal of International Law
This article examines the legal aspects of the respective claims by the two claimants to the northeastern stretches of the lake: to the eastern shoreline by Malawi and to the median line by Tanzania. Maluwa proceeds as follows. First, the Article sketches out the historical and political background of the dispute and examines some preliminary legal issues in Part I. Part II discusses the legal significance of boundaries, state succession to boundary treaties, and the relevance of post-colonial African state practice in this respect. A central aspect of this practice is the adoption by African states of the principle of …
Commentary On The Emerging Constitutional Indigenous Peoples Land Rights In Tanzania, Daniel Halberstam
Commentary On The Emerging Constitutional Indigenous Peoples Land Rights In Tanzania, Daniel Halberstam
Articles
The pastoralists and hunter-gatherer indigenous peoples in Tanzania continue lobbying their recognition as such and protection of their land rights. This article discusses the extent to which the indigenous peoples are legally recognized and the state of their security of land tenure. With the hindsight of the UN Declaration on the Rights of Indigenous Peoples 2007 and the 2003 Report of the African Commission Working Group of Experts on Indigenous Population, this article probes the emerging indigenous land rights within the broader understating of the minority rights in the Draft Constitution of Tanzania 2014 as well as the Draft Policy …
Ending Female Genital Mutilation & Child Marriage In Tanzania, Lisa Avalos, Naima Farrell, Rebecca Stellato, Marc Werner
Ending Female Genital Mutilation & Child Marriage In Tanzania, Lisa Avalos, Naima Farrell, Rebecca Stellato, Marc Werner
Fordham International Law Journal
This Article analyzes the current practices of FGM and child marriage in Tanzania and makes a number of recommendations for eliminating these severe human rights violations. Part I identifies the relevant forms of gender-based violence and discusses how they are practiced and related. Part II addresses applicable international and domestic legal authority, identifying potential gaps in domestic legal protection for young girls. Part III proposes several promising legal and policy strategies, both international and domestic, to reduce the practices of child marriage and FGM in Tanzania. Ultimately, some or all of these measures must be implemented to help bring an …
Mohammed Madai - Should The Government Of Tanzania Ban Tobacco?: The Hard Answers, Ubuntu Institute Students
Mohammed Madai - Should The Government Of Tanzania Ban Tobacco?: The Hard Answers, Ubuntu Institute Students
Ubuntu Institute Students
Tobacco contributes handsomely to the national economy of Tanzania. However, tobacco has damaging effects both physically and mentally. This paper by Mohammed Madai, appraises the dilemma in banning tobacco. The author gives evidenced factors that need to be taken into account by the Government before choosing the angel to follow.
Ending Female Genital Mutilation And Child Marriage In Tanzania, Lisa Avalos, Naima Farrell, Rebecca Stellato, Marc Werner
Ending Female Genital Mutilation And Child Marriage In Tanzania, Lisa Avalos, Naima Farrell, Rebecca Stellato, Marc Werner
Lisa Avalos
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
Georgia Journal of International & Comparative Law
No abstract provided.
Dice – Digital Invoice Customs Exchange, Richard Thompson Ainsworth, Goran Todorov
Dice – Digital Invoice Customs Exchange, Richard Thompson Ainsworth, Goran Todorov
Faculty Scholarship
A digital invoice customs exchange (DICE) is a technology-intensive tax compliance regimen for VAT/GST that utilizes invoice encryption to safeguard transactional data exchanged between seller and buyer in both domestic and import/export contexts while simultaneously notifying concerned jurisdictions of the transaction details.
DICE facilitates real-time VAT/GST enforcement as well as real-time commercial contract verification. It is a commercial invoice validation system that prevents tax evasion, most notably missing trader fraud and the non-declared import of trade-able services. DICE mimics the most effective administrative enforcement effort ever undertaken by the US IRS – the requirement to disclose the social security numbers …
Vat -- East African Community: The Tradable Services Problem World-Class Solution, Richard Thompson Ainsworth, Goran Todorov
Vat -- East African Community: The Tradable Services Problem World-Class Solution, Richard Thompson Ainsworth, Goran Todorov
Faculty Scholarship
The value added taxes (VATs) of the East African Community (EAC) are open to manipulation and are leaking revenue from tradable services transactions. The EAC’s response has been to adopt a unique Reverse VAT mechanism. Something more is needed – a Digital Invoice Customs Exchange. Together these adjustments will provide a world-class solution to a world-wide problem. The EAC appears to be moving in this direction.
The vulnerability of the EAC VATs to tradable services is not surprising. The EAC borrowed VAT designs from the major VAT models, the EU VAT and the New Zealand Goods and Services Tax (NZ …
Feeding Students? Examining Views Of Parents, Students And Teachers On The World Food Program’S School Feeding Initiatives In Chamwino District In Tanzania, Benjamin Ngaji Oganga
Feeding Students? Examining Views Of Parents, Students And Teachers On The World Food Program’S School Feeding Initiatives In Chamwino District In Tanzania, Benjamin Ngaji Oganga
Master's Capstone Projects
School feeding programs have become a worldwide phenomenon and an agenda pushed by the International Development Agencies such as the World Food Program (WFP) with the assumption that it may contribute towards addressing barriers to poor students’ enrollment and retention in primary schools in developing countries. The assumption is that, because of hunger and low income, parents are mostly likely not motivated to send their children to school; and on the other hand, children too may not effectively concentrate in learning and therefore are likely to drop out of schools. Different studies have shown the effectiveness of the school-feeding program …
Strengthening The Education Management Information System (Emis) In Tanzania: Government Actors’ Perceptions About Enhancing Local Capacity For Information-Based Policy Reforms, Assela M. Luena
Master's Capstone Projects
Strengthening the Education Management Information System (EMIS) in Tanzania is an important task, as the government needs quality data and information to support the creation of sound policies, making plans and managing educational resources. Well-functioning EMIS can ensure achievement of national goals to provide quality education, which is the basis for facilitating economic growth and sustainable development. The government also needs quality data and information in order to enhance monitoring and evaluation of the education sectors’ performance and ensure the right direction for achieving the intended goals and objectives.
Creating a sustainable and efficient EMIS is a challenge that requires …
Toa Kitu Kidogo: Corruption In East Africa , Erika Franz
Toa Kitu Kidogo: Corruption In East Africa , Erika Franz
In the Balance
Toa kitu kidogo‖ or ―give a little something‖ is often heard in East Africa, where bribes are commonplace. From a traffic stop to picking up a package at the customs window in the post office, individuals can expect to add on a few shillings or francs for the ―cost of doing business.‖ But corruption has far darker consequences; it erodes the social fabric of a society, stifling its opportunities for growth, dissolving faith in the government, and preventing substantive rule of law and good governance. Corruption, defined broadly, conveys a lack of accountability for government decisions, consequences for illegal actions, …
The Role Of Statutory And Local Rules In Allocating Water Between Large- And Small-Scale Irrigators In An African River Catchment, Madison Condon, Hans Komakech, Pieter Van Der Zaag
The Role Of Statutory And Local Rules In Allocating Water Between Large- And Small-Scale Irrigators In An African River Catchment, Madison Condon, Hans Komakech, Pieter Van Der Zaag
Faculty Scholarship
This paper presents a case study of large- and small-scale irrigators negotiating for access to water from Nduruma River in the Pangani River Basin, Tanzania. The paper shows that despite the existence of a formal statutory water permit system, all users need to conform to the existing local rules in order to secure access to water. The spatial geography of Nduruma is such that smallholder farmers are located upstream and downstream, while large-scale irrigators are in the midstream part of the sub-catchment. There is not enough water in the river to satisfy all demands. The majority of the smallholder farmers …
Realizing The Human Right To Water In Tanzania, Leticia K. Nkonya
Realizing The Human Right To Water In Tanzania, Leticia K. Nkonya
Human Rights Brief
No abstract provided.
A Case Study In Tanzania: Police Round-Ups And Detention Of Street Children As A Substitute For Care And Protection, Sheryl L. Buske
A Case Study In Tanzania: Police Round-Ups And Detention Of Street Children As A Substitute For Care And Protection, Sheryl L. Buske
South Carolina Journal of International Law and Business
No abstract provided.
Africa, Mark J. Calaguas
Africa, Mark J. Calaguas
Mark J Calaguas
The Africa Committee's contribution to the 2007 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.
Slides: Protecting Biodiversity Through Ecosystem Services, Barton "Buzz" Thompson
Slides: Protecting Biodiversity Through Ecosystem Services, Barton "Buzz" Thompson
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Barton “Buzz” Thompson, Perry L. McCarty Director, Woods Institute for the Environment, Stanford University Law School
14 slides
The Principal-Agent-Client Model And The Southern African Development Community Anti-Corruption Protocol, Indira M. Carr
The Principal-Agent-Client Model And The Southern African Development Community Anti-Corruption Protocol, Indira M. Carr
Indira M Carr
This article examines the SADC Protocol against the backdrop of the principal-agent-client (PAC) model that drives much of the current anti-corruption measures ranging from legal and civil service reform through to privatisation of the public sector. In focusing on the efforts to fight and prevent corruption through legal and public sector reform this paper highlights the limitations of externally imposed donor driven solutions. Using Tanzania, a country that has seen extensive technical input from donor agencies in reforming the law and bureaucratic structures, as an illustration, this article argues that the limited success of such donor driven anti-corruption strategies are …
Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Aparna Polavarapu
Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Aparna Polavarapu
Faculty Publications
No abstract provided.
Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer
Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer
Articles
No abstract provided.
Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino
Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino
Articles
No abstract provided.
Harmonization Around Results Reporting: A Synthesis Of Four Country Studies, Elizabeth M. White, Rosalía Rodriguez-García, Rema Balasundaram
Harmonization Around Results Reporting: A Synthesis Of Four Country Studies, Elizabeth M. White, Rosalía Rodriguez-García, Rema Balasundaram
Sustainable Development Law & Policy
No abstract provided.
Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak
Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak
Michigan Law Review
While American scholars and judges generally assume that it is beneficial to insulate courts from politics, Jennifer Widner offers a contrasting perspective from another region of the world. In Building the Rule of Law: Francis Nyalali and the Road to Judicial Independence in Africa, Widner examines the role of courts and judicial review in democratization in Africa. She focuses on the role of one judge, a man who would see himself as embodying a role in Tanzania similar to that of Chief Justice John Marshall in the United States. Francis Nyalali, Chief Justice of the High Court of Tanzania, worked …
Land And Liberation: Lessons For The Creation Of Effective Land Reform Policy In South Africa, Hasani Claxton
Land And Liberation: Lessons For The Creation Of Effective Land Reform Policy In South Africa, Hasani Claxton
Michigan Journal of Race and Law
Based upon the premise that land reform is essential to creating socio-economic equality, easing racial tensions and stemming the tide of violence in South Africa, this note will provide suggestions for effective land reform policy. To accomplish this, this Note will examine the paths taken by several other transitional African governments in land reform policy. It will attempt to extract practical lessons from their experiences and apply them towards the development of effective land redistribution policy in South Africa. Part I of this note will provide a historical overview of colonialism and land law in Africa. Part II will examine …
Liberalization And Politics Of Environmental Management In Tanzania, Alicia Bosensera Magabe
Liberalization And Politics Of Environmental Management In Tanzania, Alicia Bosensera Magabe
LLM Theses and Essays
This thesis examines the factors that have prevented the development of an environmental protection legal and institutional regime in Tanzania. It argues that the central focus of economic reforms has been to kick-start the economy by increasing growth through the maximization of resource exploitation. As a result, concerns for environmental sustainability have been relegated to the periphery of the development agenda. Secondly, as a result of domestic resource scarcity brought on by the economic crisis, environmental policymaking has been held hostage to the influence of foreign donors whose agendas have often been at cross-purpose to environmental protection. Thirdly, the nature …