Faculty of Law
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Item 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.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.