AFRICAN JOURNAL OF LAW AND PRACTICE

Legality of External Military Interventions, Responsibility to Protect (R2P) and the Governing Theories: A Case Study of Afghanistan, Somalia and Libya

Kassian Clemence Mshomba — Tue, 01 Jun 2021 00:00:00 +0000

It is a general principle of International law that no State should use military forces to intervene internal affairs of another State except under: self-determination and upon implementation of the principle of Responsibility to Protect (R2P) but without causing instability to other States. States are accorded right to external intervention under strict circumstances in safeguarding collective protection to basic human rights and human dignity. In implementing the exceptional circumstances, the International community has been urged to set norms and standards in avoiding tyranny from the super powers likely to cause anarchy to both directly and indirectly involved States in the process. Responsibility to protect aims at addressing anarchy as subsequently affirmed by a Commission of Rapporteurs to the Council of the League of Nations on the Aaland Islands. In expounding the above duties and responsibilities, this study discusses notable incidents of external military interventions from critical human rights and human dignity perspectives. Both doctrinal and comparative methods were employed in this study considering the study being legal research with comparison method employed in contrasting the involved interventions. It is recommended that the International community should refrain from invoking military interventions except under justifiable reasons within the framework of the UN Security Council.

Protection of succession rights of the unborn child under customary law in Tanzania

Paul Robert Sayi — Tue, 01 Jun 2021 00:00:00 +0000

Succession rights of the foetus in the mother’s womb conceived before the death of his father and born after the death of his father is a contentious matter in the contemporary law of succession and property law. Often individuals tend to ensure that their children are protected and catered for in their Last Will and Testaments. But what is the position when it comes to unborn children? Are they qualified to inherit? What is the position when there is no Last Will and Testament? In Tanzania, the position is not clearly and expressly provided in the customary law of succession. This study is centred on examining the customary law and succession rights accorded to unborn child in Tanzania. In this regard, the author finds that customary succession law applicable in Tanzania Mainland does not expressly recognize and or guarantee succession right of the foetus in the mother’s womb until is completely proceeded in a living state. The study recommends that if a person dies while his wife is pregnant, the distribution of estate should be postponed, if possible, till childbirth; otherwise, a share will be withheld for the child under the nominated guardian

Harmonisation of social security laws in the East African Community: a myth or reality?

Rindstone Bilabamu Ezekiel — Tue, 01 Jun 2021 00:00:00 +0000