Department of Private Law

Permanent URI for this collectionhttps://repository.nileuniversity.edu.ng/handle/123456789/479

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Start date: 2020

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    Restorative Justice in the South African Truth and Reconciliation Commission
    (Journal of Customary and Religious Law, 2025-02-02) Momodu Fatima; Melike Yilmaz
    The Truth and Reconciliation Commission (TRC) , established in South Africa, is a model for other TRC because it addresses the injustice, reparations, and healing processes that took place during the postapartheid era in South Africa, which has been classified as a crime against humanity. It is critical to consider how restorative justice is applied and the kinds of remedies it might provide for South Africa. The victims, their families, society, and the country can benefit from restorative justice. Restorative justice seeks to bring about healing by viewing trauma as a social problem that everyone in society must deal with rather than an individual issue since trauma is a common experience that is collectivelyshared. This paper uses the doctrinal research methodology to employ restorative justice in resolving the education conflict in postapartheid South Africa. The Bantu Education Law during the apartheid regime in South Africa severely limited black people’s right to an education. This resulted in a generation-long conflict that is challenging to resolve, one that has also had an impact on future generations. Restorative justice, which was tried in South Africa after apartheid, provided an avenue to resolve this conflict and provided the only way to start talks that would lead to positive peace. The simplest definition of restorative justice’s fundamental tenet is “repairing damage, replacing it, or compensating it.
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    The implications and effects of ChatGPT on academic scholarship and authorship
    (INFORMATION & COMMUNICATIONS TECHNOLOGY LAW, 2023-02-02) Abubakar Sodangi Fadila; Ayodele Morocco-Clarke; Fatima Momodu
    ChatGPT, an artificial intelligence large language model, took the world by storm in November 2022.Its launch was met with excitement, and it garnered over 1 million users within the first five days of its release, surpassing social media giants like Facebook, Instagram, Twitter and even the top search engine, Google. Having been trained on volumes of data, ChatGPT has displayed the ability to produce human-like responses to questions. Concerns have been raised among members of the academic and research community regarding the ethical usage of ChatGPT and language models in education and academic/ scientific research. This paper examines the development and rise of ChatGPT and similar AI tools, their pros and cons, their impact on academic research and possible intellectual property conflicts. It concludes that ChatGPT and language models are here to stay and makes recommendations for its ethical usage to prevent and detect plagiarism and protect intellectual property rights.
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    Russia’s War Against Ukraine
    (American Journal of Society and Law ( AJSL), 2023-02-02) Bukar Muhammad Ibrahim
    In 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.