Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Democratic Governance: An Emerging Customary Norm?, Jackson N. Maogoto
Democratic Governance: An Emerging Customary Norm?, Jackson N. Maogoto
Jackson Nyamuya Maogoto
Democratic entitlement as a universal human right is a complex and multifaceted issue. The Article has as its modest aim a general reflection on the enshrinement of democracy as a universal entitlement and the movement of international law in a pro-democratic direction The Article will seek to highlight the general uncertainties that continue to plague the democratic entitlement. The Article deliberately focuses on the United Nations system with reference also being given to regional efforts. The Article does not discuss the legal justifications and nature of measures to address undemocratic regimes. While such measures are significant in pro-democratic discourse, it …
Revisiting The Balkan Crisis: A Un Question; The European Connection And The Us Solution, Jackson N. Maogoto
Revisiting The Balkan Crisis: A Un Question; The European Connection And The Us Solution, Jackson N. Maogoto
Jackson Nyamuya Maogoto
This Article examines the conflict in the former Yugoslavia which gave birth to the International Criminal Tribunal for the former Yugoslavia (ICTFY). The ICTFY established the beginning of a new pattern in the genuine international implementation of international criminal and humanitarian law and the move back to the international model inaugurated at Nuremberg which had in the Cold War era been boldly supplanted by national prosecutions. The Article seeks to show that even this ad hoc tribunal was the by-product of international realpolitik. It was born out of a political desire to redeem the international community’s conscience rather than the …