Department of Private Law
Permanent URI for this collectionhttps://repository.nileuniversity.edu.ng/handle/123456789/479
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Item Russia’s War Against Ukraine(American Journal of Society and Law ( AJSL), 2023-02-02) Bukar Muhammad IbrahimIn February 2022, Russian forces invaded Ukraine and began targeting military objectives in some major Ukrainian cities. In the following months, airstrikes continued and extended to other areas of Ukraine, including the capital Kyiv. Attacks started being conducted against civilians too. For instance, it has been reported that an apartment complex outside of Kharkiv was directly targeted. International humanitarian law, or the laws of war, protects civilians and noncombatants from the dangers of armed conflict. It addresses the conduct of hostilities-the means and methods of warfare - by all parties to a conflict. Foremost is the rule that parties to a conflict must always distinguish between combatants and civilians. While humanitarian law recognizes that some civilian casualties are inevitable during hostilities, it imposes a duty on parties to the conflict to distinguish between combatants and civilians at all times, and to target only combatants and other military objectives. Civilians lose their immunity from attack when they are “directly participating in the hostilities” - such as by assisting combatants during a battle. This article aimed to contribute to the understanding of the contravention of the international legal framework that regulates the use of force in the Russia - Ukraine armed conflict and how a powerful member of the United Nations Security Council (UNSC) deliberately circumvented treaty provisions on the use of force. The article concludes with a sidebar of the need to exploit avenues for accountability that will help to forestall future occurrences.Item The Litmus Test of R2P(Journal of Law, Policy and Globalization, 2016-02-02) Bukar Muhammad IbrahimThe intervention in Libya in 2011 was the first litmus test the doctrine of the Responsibility to Protect. The doctrine is an extension of responsibility on states to ensure adequate protection of civilian population under threat of attack. Sovereignty under the new doctrine comes with the responsibility. The crux of the paper is the analysis of the legality and legitimacy of the military intervention in Libya. It is the contention of the author that the intervention does not conform with the stated objective spelled out in the United Nations Resolution 1973 which was basically to take measures that will protect the vulnerable population under threat of attack in Libya. Among other things, the author argues that the intervention was overstretched in order to fulfill the ulterior motive of regime change. The paper argues that the principle of the Responsibility to Protect was subordinated and the western powers could not exhaust all peaceful measures before opting for the use of force as provided in the Charter of the United Nations. It is the contention of the author that regime change was instead pursued to guarantee the interest of the western powers in the oil-rich state of Libya. Secondary sources such as books, peer review articles, newspapers and magazines were utilised.Item Same Sex Marriage, Human Rights and Death Penalty(Journal of Philosophy, Culture and Religion, 2016-02-02) Dubagari Umar AbubakarThere has been a growing movement in a number of countries to regard marriage as a right which should be extended to gay and lesbian couples. The agitations for legal recognition of same-sex marriage cut across race, ethnicity, age, religion, political affiliation, and socio-economic status. This is a serious challenge to marriage as a sacrosanct institution. However, the response to these agitations varies from one country to the other with religion and culture as determinant factor. Islam prescribed capital punishment for same sex marriage and treats the couples as miscreant, while the Common Law sees same sex marriage as fundamental human rights and abrogated capital punishment. But freedom of religion is in itself a fundamental right. In contradistinction with law as the will of the people, religion is a complete way of life to the Muslims.Item Assessing the Role of TRIPS Agreement for Inaccessibility and Un-affordability of Essential Medicines in Nigeria(Journal of Commerce & Trade, 2015-02-02) Dubagari Umar AbubakarIntellectual property rights (IPRs) protection was not recognised in Nigeria and essential medicines were accessible and affordable to all but reverse is the case with the implementation of TRIPS agreement on IPRs. This resulted in inordinate policy formulation and implementation that exacerbates the public health care despite Nigeria’s endowment with enormous human and natural resources. This paper argues that patents protection hinders access and affordability to essential medicines in Nigeria. It also argues that pharmaceutical companies prevent developing countries from utilising the TRIPS flexibilities to access essential medicines for their citizens. It concludes that access and affordability to essential medicines are additional challenges to Nigeria. The paper is based on the anti-corporate globalisation movement theory. The theory advocates for a world structured by human values other than greed and domination, one less dominated by the culture and values of global capital. The economic, political, and cultural interconnectedness signified by globalisation is irreversible and possibly a good thing, this interconnection, could potentially serve the interests of people and the earth, not just the elites. Although the rich and powerful have shaped globalisation in their interest, the anti-globalisation theory is a counter-movement that seeks to reshape the interconnected world in the interests of people and the planetItem Same Sex Marriage, Human Rights and Death Penalty(IISTE, 2016-02-02) Dubagari Umar AbubakarThere has been a growing movement in a number of countries to regard marriage as a right which should be extended to gay and lesbian couples. The agitations for legal recognition of same-sex marriage cut across race, ethnicity, age, religion, political affiliation, and socio-economic status. This is a serious challenge to marriage as a sacrosanct institution. However, the response to these agitations varies from one country to the other with religion and culture as determinant factor. Islam prescribed capital punishment for same sex marriage and treats the couples as miscreant, while the Common Law sees same sex marriage as fundamental human rights and abrogated capital punishment. But freedom of religion is in itself a fundamental right. In contradistinction with law as the will of the people, religion is a complete way of life to the Muslims.