Department of Private Law
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Item Legal Control of Advertisement and its Effectiveness towards Environmental Protection in Nigeria(Kogi State University, 2010-02-02) Mohammed. Muktar A.; Alkali, FatimaItem The Doctrine of Nuclear Detterence: A Lingering Constraint on Nuclear Weapons Law(Department of Public Law, Faculty of Law, University of Maiduguri, 2014-07-02) Alkali, FatimaThe world has been plagued by armed conflict for many centuries preceding the development of nuclear weapons. Nuclear Deterrence theorists maintain that the world has enjoyed greater peace since World War II because of the existence of nuclear weapons, constituting a deterrent factor to war. If this theory is tenable, then the security of the world is invariably safeguarded by the presence of nuclear weapons and a move to completely eliminate them will inevitably reverse the progress made towards safeguarding the world. While nuclear weapons' advocates argues that the security of the world is safeguarded by the possession of nuclear weapons by states, anti-nuclear weapons' advocates argued that the security of the world is endangered by the continued existence and proliferation of nuclear weapons. They argue, also, that the probability of the elimination of nuclear weapons would increase if the nuclear deterrence doctrine were invalidated. The ultimate inquiry, therefore, would be whether the elimination of nuclear weapons would be detrimental or beneficial to the preservation of world peace and security. to determine the question, it is imperative to examine the accuracy of the nuclear deterrence theory because it plays a fundamental role in the preservation of nuclear weapons in the military arsenals and defense policies of states. If nuclear weapons actually play a positive role towards the maintenance of world peace and security, that singular fact negates the importance of the legal framework of their eliminationItem Islamic Perspective in International Humanitarian Law (IHL): The Concept of Justice in War(University of Abuja Press, 2013) Alkali, FatimaAs far back as the 7th century in the Arabian Peninsula, humanitarian rules and principles were specified in the sacred text of the Holy Qur’an and the traditions of Prophet Muhammad, to regulate the conduct of war. These rules and principles have predated the evolution of International Humanitarian Law (IHL), which universally governs the conduct of war in the present age. An examination of the corpus of Islamic humanitarian law and IHL reveals similarities and areas in both bodies of law, a fact which accentuates the universality of humanitarian principles and strengthens the role of humanitarian law in society.Item An Appraisal of Nuclear Weapons Under International Humanitarian Law(University of Maiduguri, 2013-04-04) Alkali, FatimaThe most humane principles for the protection of human beings and the natural environment during armed conflict are contained in the rich corpus of international Humanitarian Law (IHL). Principles of IHL have set a high standard for acceptable weapons in warfare, hence IHL has been the mechanism through which the international community has prohibited the use and production of several weapons that cause superfluous injury. Nuclear weapon states have for decades maintained the validity of the possession of nuclear weapons upon the doctrine of nuclear deterrence. As the world faces new and imminent security challenges, the questions of the continued sustenance of nuclear weapons vis. -a- vis. the need to eliminate them in the interest of preservation of world peace and security assume greater relevance. With its rules on limitation of weapons of war, IHR seems to be appropriate law to turn to in this context and this position has been upheld by the International Court of JusticeItem An Appraisal of Nuclear Weapons Law: With Reference to its Enforcement(Department of Public Law, Kogi State University, Anyigba Nigeria, 2012) Alkali, FatimaItem The Legal Status of the United Nations Declaration on the Rights of Indigenous Peoples (2007) in Contemporary International Human Rights Law(INTERNATIONAL HUMAN RIGHTS LAW REVIEW, 2017-02-02) Barnabas Sylvanus GbendazhiThis article explores the legal status or effect of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in contemporary international human rights law. As a United Nations General Assembly (UNGA) resolution, the legal significance of UNDRIP may appear uncertain on the surface. However, several UNGA resolutions do carry some legal weight with far-reaching legal implications in international law. For example, the Universal Declaration of Human Rights 1948 (UDHR) has been widely ac cepted, at least in part, as forming part of customary international law. Through a criti cal examination of relevant literature and some decisions of international, regional and national courts, this article examines whether the UNDRIP, in whole or in part, reflects customary international law. It also considers the relationship of the UNDRIP with other international human rights instruments, and whether it should be applied as part of general principles of law on issues that are essential to indigenous peoples such as non-discrimination, self-identification, land rights and developmentItem Abuja Peoples of Nigeria as Indigenous Peoples in International Law(INTERNATIONAL JOURNAL ON MINORITY AND GROUP, 2018-02-02) Barnabas Sylvanus GbendazhiThere is no agreed definition of indigenous peoples (IPs) as the international community has not agreed to any. However, an examination of international instruments and literature on the subject presents a picture. This article examines the definition of IPs and its relevance to Africa. The case study of Abuja, Nigeria is used as a vehicle to challenge the existing descriptions of Ips. It argues that international law should expand its definition of IPs to include collectives of peoples with diverse cultures in Africa. Analogical insights are drawn from international child rights law to advance the argument that international law on IPs' rights can learn from the evolution of international children's rights law.Item The Relevance of Peace Education in Today’s Context(International Journal of Research in Humanities and Social Studies, 2015-02-02) Momodu FatimaThis article explores the relevance of peace education in the present day by studying the works of three prominent peace educators. The field of peace education is so broad that it encompasses works of scholars from seemingly different background who however aim at tackling violence in their societies using peace education as a tool for the promotion of social justice. For instance, W.E.B. DuBois’ work focuses on the elimination of racism and racial inequality targeted at African Americans; Friere’s work is geared towards the elimination of oppression in a society with a wide gap between the haves and the have-nots; and Appiah focuses his work on the need for the respect of the other in society towards the attainment of a society where diversity is celebrated. This article recognizes that one of the root causes of most conflicts today is identity and the peace educator’s discussed here have centralized their work on the elimination of conflicts affecting their societies caused by structural or cultural violence targeting the collective identity of a peopleItem The Social Legal Analysis of the Dynamics of an Ideology of Terror(Canadian Center of Science and Education, 2014-02-02) Zuru Shehu Abdullahi; Mustapha BintubeItem 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.