ABSTRACT

This dissertation entitled “An Appraisal of the Development of Legal Framework of Crimes against Humanity in International Law” aimed at examining the various constitutive legal instruments on the field of crimes against humanity in international law vis-à-vis the obligation of states to take practical measures to endure respect for the performance of such obligations under the various constitutive legal instruments. However, the justification for this research is that despite the fact that the term “crimes against humanity” has acquired enormous resonance in the legal and moral imaginations of the post-World War II which suggested that crimes against humanity are offences that aggrieved not only the victims and their own communities, but all human beings regardless of the community because such violate the very essence of the existence of humanity. Yet while the law limped lamely, the crime against humanity flourishes as if there is no law in existence, particularly of recent where there is an increase in violence at both local and international levels. For example, according to some estimates, nearly 170 million civilians have been subjected to genocide, war crimes and Crimes Against Humanity in the 21^st century. In view of these events therefore the objective of this research is to identify the factors responsible for the prevalence of such crimes and to proffer solutions to the lapses identified (if any). In conclusion, it is recommended (among others) that there is the need for a specific international treaty on crimes against humanity which will provide a comprehensive definition of crimes against humanity; and by so doing it will harmonized constitutive elements of each of the crimes against humanity and promote greater certainty and uniformity in the development of the jurisprudence of the law of crimes against humanity. The sources of information relied upon here are relevant text materials, international instruments, domestic instruments, judicial authorities and internet materials

THE ROLE OF LAW IN PROMOTING GENERAL SAFETY ON FLIGHT UNDER INTERNATIONAL LAW

ABSTRACT

Aviation is one of the greatest and important unique inventions of man in the area of transportation. Since 17 December 1903 near Kitty Hawk, North Carolina when a bicycle repairer Orville Wright propelled himself through the air a distance of 120ft the first powered flight in a heavier-than-air aircraft known to human, air transportation has been beneficial to man. Air transportation globally constitutes significant proportion of the nations socio-economic system. It facilitates movement of people, goods and services thereby assists in generating contact and revenue on which economic, social and political progress of nations radiate. So air transport has done more than provide a carrier service, it has affected economic way of life, made changes in social and cultural viewpoints and had a hand in shaping the course of political history. Air transport industry contributes directly to the economy through its employment and revenue generation and indirectly by its purchase of goods and services from suppliers of the industry. There is urgent need for governments to develop the industry to meet international standard and requirement. Development of this industry will enhance economic development of countries especially developing ones. Nevertheless, this beautiful achievement of man is bedeviled by hazards. Law has to intervene to minimize the hazards by regulating air traffic operations, imposing duties and obligations on the various entities involved in air navigation. Besides, aviation has always been exploited by perpetrators of unlawful acts, whose trademark is terrorism. Aviation is constantly being targeted all over the world by terrorist groups and individuals who see it as the most effective avenue to propagate political views, plights and motives. It has always been very effective in gaining media attention and publicity for terrorism. Thus security and safety have been major aspect of concern, which cannot be ignored by the international community. Crime on board aircraft border on terrorism, hijack or air piracy, assassination, bombing and so on which make flight unsafe. Violent crimes or unlawful acts in aviation have always posed great threat and challenge to international civil aviation that international community had to come up with some measures to tackle it. 7 Moreover, series of accidents kept reminding aviators of the need to put in place safety precautions for the conduct of flights. Thus, the leading aviation nations began to standardize codes to guide aircraft production and operation. Various countries formulated their own rules. The first generation aeronauts were particularly safety conscious. This informed the various materials used in constructing the balloons and their different structures all in attempt to develop what could withstand adverse weather conditions, thereby promoting safety. Aircraft accident is an unlikely and preventable occurrence that leads to loss of financial, material and human resources, for example in the September 2001 U.S. plane hijack 2,000 lives of people of different nationalities were terminated in a single day. In Nigeria the three main air disasters in 2005 claimed 226 lives among them was the Postmaster General of the Federation Alhaji Abubakar Argungu. The helicopter crash in Mexico in September 2005 claimed lives. In Indonesia the plane crash in September 2005 cleared 140 souls. The Iranians military transport plane crash in Tehran in December 2005 killed 110 people. In America the plane crash in December 2005 in Bahamas killed 20 people. These were mainly the manpower and workforce of the nations besides the aircraft which cost a lot to acquire were destroyed. However, the need to adhere to varied forms of codes; rules and regulations developed by different states soon became an impediment to the growth and orderly operation of international air transport. There was an apparent and urgent need for global standardization. The successful attempt at evolving a comprehensive international regulation of civil aviation dates back to 1944, when an international conference in Chicago, U.S.A. adopted certain decisions aimed at fostering the development of international air transport in an orderly and safe manner. The research effort will focus on the entities involved in air travel and their respective duties as apportioned by law in ensuring flight safety (flight safety as a collective responsibility). It will also discuss the adverse effect of air disaster both on individuals and the economy as well as stress the importance of flight safety in the enhancement of economic development. Besides, the thesis intends to contribute to the topical discourse on flight safety, which has generated much discussion in recent times, by looking at flight safety from legal perspectives.

THE ROLE OF NIGERIAN COURTS AND TRIBUNALS IN THE ADMINISTRATION OF JUSTICE

Abstract:

The judicial powers of the Federation and of States are vested in Courts established by section 6 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and other courts established for the Federation by an Act of the National Assembly or in case of States, Law made by the relevant State House of Assembly. The Judicial powers gradually, due to increase in litigations and criminal trials beyond the capacity of the regular courts, were no longer exclusive to the Courts but rather had to be shared with tribunals established for particular purposes. This development consequently brought about two parallel systems of adjudicating institutions operating side by side. While some tribunals, like the investment and Securities Tribunal, have justified their establishment by dispensing Justice timeously and by experts in the particular field of the tribunal’s jurisdiction, others seem to have defeated the very essence of their establishment like Code of Conduct Tribunals. Tribunals like the Code of Conduct Tribunal apart from being redundant is seen as an agent of the Federal Government since it is absolutely controlled by the Code of Conduct Bureau, which is directly under the Presidency. This explains the redundant nature of the tribunal as it serves more or less as a stooge of the Presidency from where most of the culprits should have been arraigned. The Laws establishing various tribunals have their inbuilt shortcomings that hinder the trial procedure or occasion unnecessary delays contrary to the very essence of establishing the tribunals. The courts in Nigeria could be said to have contributed in some measure to the development of Law, particularly in the field of animal Law and Constitutional Law. However administration of Justice seems to suffer several challenges. Some of these challenges were attributed to factors associated with adversarial system, coupled with rancorous nature of proceedings and so on. Details of this has been vividly elucidated. The development in respect of funding of Courts has been pointed out.