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Item Analysis of the implementation of article 121 of the treaty for the establishment of the East African Community, 1999 in Tanzania a case Study of Women's Access to Property Rights(University of Dar es Salaam, 2018) Ngaiza, Cecilia EdwardThis study analyses the implementation of article 121 of the Treaty for the Establishment of the East African Community, 1999 (hereinafter referred to as the EAC Treaty) in Tanzania with specific address to women's access to property rights. Tanzania's call under the EAC Treaty to eliminate legislation, customs and practices that are discriminatory against women and such other related prejudices that create inequality of gender in the country (including impediments to women's access to property rights) is placed concurrently with other EAC Partner states. However, there are several legal, practical and institutional challenges that diminish the fulfilment of Tanzania's obligation under article 121 of the EAC Treaty as reflected in the first chapter of the study. There are policies and legislation both at the EAC and Partner States' level reflecting Partner States' obligation under article 121 of the EAC Treaty. Among other things, such frameworks address women's access to property rights as reflected in chapter two of the study. In Tanzania, there exists in place ministries, Governmental departments and institutions designed for implementation of such policies and legislation complimented by non-governmental bodies. The aforementioned bodies have devised some initiatives to meet the Government's obligations under article 121 of the EAC Treaty as discussed in chapter three of the study. Challenges encountering such initiatives have also been addressed in the same chapter. Chapter four of this dissertation contains viable standpoints and recommendations to overcome the identified challenges such as prioritizing the issue of women's access to property rights through policy, legal and institutional arrangements.Item Analysis of the implementation of the United Nations framework convention on climate change in mainland Tanzania(University of Dar es salaam, 2019) Morris, Cleophace Kassenene KakizibaThis study centres at the efforts Tanzania has already or is currently putting in place to address the challenges of Climate Change in purview of the United Nations Framework Convention to that regard. That is UNFCCC. Its general objective is to analyze implementation of the UNFCCC in Mainland Tanzania. The same was conducted through both desk and field researches. Relevant government and private authorities together with individual stakeholders were contracted through a number of research tools. In the main, it is revealed herein that Tanzania majorly tackles the challenges above adjunctly with environmental issues, thus lacking a specific focus to pertinent matters revolving around climate Change which is currently the centre of international debate. Notwithstanding such focal weakness, various positive initiatives towards realizing ideas of the Convention under the study have been revealed. These include, the National Action Plan on Climate Change (NAPCC); National Adaptation Programme of Action (NAPA); National Climate Change Strategy (NCCS); implementation of the National Strategy for Reduced Emissions from Deforestation and Forest Degradation (REDD+) and several sectoral strategies such as prioritized agrarian development (in Swahili known as Kilimo Kwanza) and identification of clusters for effective mechanized agriculture in the southern part of the country (SAGGOT). However, the study argues that there remains a plethora of challenges such as a disharmonious legal regime, lack of political will, insufficiency of financial capacity and lack of an effective Climate Change institutional architecture. All these challenges call for a need of forging immense collaboration and reforms so as to effectively implement UNFCCC in the country. Consequently, the study sets out recommendations towards enactment of a specific legislation on Climate Change establishment of a more effective and independent body to superintend the implementation; effective climate funding and sectoral collaboration; and according climatic issues necessary constitutional recognition for protection and enforcement.Item An analysis of the legal basis for electronic banking in Tanzania(University of Dar es Salaam, 2011) Lukumay, Zakayo NdobirThis Thesis analyzes the legal basis of e-banking in Tanzania. It addresses the key issues revolving around lack of a clear legal framework that is responsive to adoption and advancement of e-banking technologies in the banking industry. The qualitative approach and literature review for collection of primary and secondary data were adopted. It has been observed that e-banking is increasingly causing a number of problems to consumers, the major ones being theft and fraud, which cause massive losses to customers using e-banking technologies. The study has observed further that the law governing banking business in Tanzania does not address issues raised by e-banking technologies, particularly those revolving around allocation of losses. This phenomenon has far reaching consequences to customers using a variety of e-banking distribution channels for transacting banking business in that they are left without adequate legal protection.Item The application and effectiveness of the doctrine of checks and balances in Tanzania(Unversity of Dar es Salaam, 2015) Kamanija, Lucas CharlesThis thesis analyses whether or not the doctrine of checks and balances has been and can be effectively applied by the tripartite co-equal organs of state in Tanzania inter se (that is, the Legislature, the Executive and the Judiciary) to prevent abuses or excesses in the exercise of state power, without violating the principle of separation of powers. The qualitative approach was adopted in analysing the data collected from documentary reviews, interviews, observations and the internet. Generally, the thesis has established that despite its ineffectiveness in some instances, the doctrine of checks and balances has been and can be effectively applied to prevent abuses or excesses in the exercise of state power among the three organs of state in Tanzania without violating the principle of separation of powers. Specifically, the thesis has established the following. First, that although there have been instances of effectiveness in the application of the doctrine of checks and balances in Tanzania, there have also been instances where the doctrine has not been effectively applied due to the failure of the organs of state to grasp the extent and limits of their respective ancillary and core powers, and sometimes due to their failure to grasp fully the need to respect the doctrine when checking one another. Second, that all organs of state are equal and none is superior to the other. Thus, where all tripartite organs of state fail to resolve a particular issue, then that issue can only be resolved by the sovereign power of the people in a referendum; the people being the highest nation’s authority. At the end, the study recommends on how to enhance the principle of separation of powers and its intended doctrine of checks and balances in Tanzania.Item Application of the public procurement act, no. 21 of 2004 in public corporations: the case of the Tanzania broadcasting corporation in 2009(University of Dar es Salaam, 2012) Mlawa, Gwakisa MartinePublic Procurement in Tanzania has undergone various changes for the better since the first commissioned consultancy by the Crown Agents in 1992. In 1996 and 2003 the Word Bank prepared the Tanzania Country Procurement Assessment Report (CPAR). The assessment identified a number of serious weaknesses in the country's Public Procurement system, and recommended urgent reforms which, among others was the enactment of the law that would govern the public procurement process in the country. The reforms led to the enactment of Public Procurement Acts (Act No. 3 of 2001 and later Act No. 21 of 2004). The said Acts, therefore, were enacted as a reactive response to procurement problems and specifically with a view to instituting efficiency in the country’s procurement system. This study aspired to examine all these limitations that slow down effectual application of the Public Procurement Act, No.21 of 2004. It exposes limitations in application of the Public Procurement Act, 2004 at Tanzania Broadcasting Corporation (TBC) and subsequently develops possible solution to existing problems associated with the Act. The study was conducted at the Tanzania Broadcasting Corporation (TBC) Headquarters, Nyerere Road and at the Corporation’s Television Station (TBC 1) at Mikocheni, Dar es Salaam. The researcher collected data mainly through interviews, questionnaires and documentary sources such as files, books, different reports and past studies on the subject The study has established that TBC, like many other procuring entities in Tanzania, has experienced problems with the application of the Public Procurement Act No.21 of 2004. It was seen that 90% of respondents pointed out the following as the reasons for problems with the application of the rules and regulation governing public procurement in Tanzania; inadequacy of the Act, poor implementation of the procurement plan, lack of capacity of the personnel manning the procurement units within the organization, poor records keeping, poor contract management and interference with functional areas namely Procurement Management Unit, Tender Board, Evaluation Committee and Accounting Officer. The environment surrounding public procurement within the public service has led to problems in the applicability of the Act leading to failure to achieve the main pillars of public procurement that is transparency, economy, efficiency, eligibility, probity, ethics, equality and value for money. Other factors have also been unearthed from within the PE itself. The researcher hopes that the output from this research study shall be of practical use to the Tanzania Broadcasting Corporation (TBC), the Public Procurement Regulatory Authority (PPRA), the Government and other stakeholders and will have a positive impact in the proposed Act.Item Approximation of competition rules within the eac partner states:a case study of Tanzania, Kenya and Rwanda(University of Dar es Salaam, 2018) Sabby, FrancisThis study was aimed at examining the extent to which Partner States to the East African Community (EAC) have complied with the Treaty obligation requiring them to approximate their competition laws for purposes of enhancing the effectiveness of the Common Market and Customs Union. Basing on the stated aim, the hypothesis governing the study was that the EAC Partner States have largely ignored their Treaty obligation to approximate their competition laws. This situation is considered to be detrimental in fostering the contemplated political federation. For purposes of data collection, the methodology used was mainly qualitative. The study has found that the EAC Partner States have not completely ignored their Treaty obligation to approximate their respective competition laws; they have made some efforts towards approximation of their competition laws. However, considering the magnitude of what is expected of them, it is fair to conclude that the said Partner States have not done enough. This is mainly associated with lack of political will and serious commitments on the Partner States. The study has also noted that some of the Partner States have no competition laws in place. This is said to be the major challenge towards accomplishment of the approximation process. The reason is simple; you cannot approximate if there are no laws to be approximated. This work therefore recommends, among others, that the Partner States should fully align their competition laws with the EAC Competition Act, which is the model law in that regard.Item Assessing the monetary union in east Africa with special reference to legal and practical challenges relating to financial markets integration(University of Dar es Salaam, 2018) Rwechungura, Edson Paschal StanislausThis thesis titled “Assessing the Monetary Union in East Africa with Special Reference to Legal and Practical Challenges Relating to Financial Markets Integration” has as its main objective the examination of the role of harmonization of the law in integrating financial markets in East Africa and its contribution in the efforts of the partner states to finally achieve a monetary union. It examines the legal and practical challenges in the way of the EAC’s efforts to integrate economically. It addresses the problem of disparities in the legal and regulatory frameworks of the Partner states which tend to create distinct markets for each state. It proceeds under the hypothesis that these differences hinder complete integration of financial markets. It partly proves the hypothesis that there are differences in EAC Partner. It makes a very important observation that there is lack of co-ordination of the domestic legal and regulatory systems of the Partner states. As a result domestic financial markets remain segmented. The study observes that even the Directives adopted by the East African Council of Ministers in 2015 while the research was under way are not enough to bring the required integration because they concentrate on making internal laws similar but not work in harmony. It observes that the EAC is not yet committed to have full integration of its markets as the countries are eager to maintain the autonomy in regulation of their markets. The thesis gives valuable recommendations to rectify the situation including structuring domestic laws in such a way that they rhyme with those of the Community as well as develop institutional integration for those institutions which engage in financial markets such as banks, stock markets and regulatory bodies. The thesis is very useful in the EAC context because it provides important inputs for achievement of a meaningful monetary co-operation in this area.Item Assessment of legal and practical challenges in the realisation of the right to health in Tanzania.(University of Dar es Salaam, 2018) Temba, Ferdinand MarcelThis study examines the realisation of the right to health in Tanzania. The study reveals that the Constitution of the United Republic of Tanzania does not provide for the right to health making it difficult to enforce it under the Basic Rights and Duties Enforcement Act. However, the state has established defined structure of the health system, i.e. the public health sector; private health sector; and traditional and alternative practice health sector. The introduction of health reforms such as introduction of primary health care, decentralisation by devolution of health services, adoption of public private partnership (PPP) and the introduction of health insurance has to a large extent improved the accessibility of the right to health. The study nonetheless submits existence of challenges in the realisation of the right to health under the current health system ranging from lack of constitutional provisions on the right to health, poverty, budgetary constraints and a shortage of health professionals. Besides, lack of accountability and transparency, shortage of essential medicines and medical facilities and inequality affects the realisation of the right to health in Tanzania. The study, therefore recommends to enact the right to health, to the constitution; fighting poverty; increasing the national budget to the health sector; employing and training health professionals; enhancing decentralisation of health care service provision; adoption of a scheme towards universal health coverage; creating awareness on the importance of health insurance; and enhancing accountability and transparency in the government.Item Constitutional and human rights dimensions of real property taxation in Tanzania(University of Dar es Salaam, 2018) Ismaili, HamzaThe study seeks to address the extent to which the tax laws and the process of legislation adhere to fundamental constitutional principles and doctrines; human rights principles; taxation principles; and principles of good governance in Tanzania. The study used both research methods, that is to say qualitative and quantitative methods of research were used since the study is explanatory and investigative in nature. The study has found that property tax statutes and tax statutes in general abrogate considerable number of fundamental constitutional principles and doctrines, human rights principles, taxation principles and principles of good governance. The abrogated principles include but not limited to: the principle of no taxation without representation; the principle of presumption of innocence; right of appeal; natural justice principles like the right to be heard; the rights to be informed of the decision; the principle of non-discrimination of persons and a constitutional principle of non-retrospective application of laws.The study recommends that the Executive and the Legislature should observe and adhere to constitutional, human rights and taxation principles in taxation of real property in Tanzania for achieving the desired goals of the respective taxes. The Constitution should also be amended to give among others, power to the High Court (Constitutional Court) or the Opposition in the Parliament to test the validity and legitimacy of real property tax laws before they are made operational.Item Constitutional litigation and judicial approaches during the bill of rights era in Tanzania(Unversity of Dar es Salaam, 2015) Yongolo, Yohana John BarnabasDiverse judicial approaches to constitutional litigation emerged in the wake of the Bill of Rights becoming justifiable in Mainland Tanzania have now become the judges’ major dividing lines between the progressive and conservative; one group seeking to limit the exercise of state power and another defending the same unabated. This study used documentary review and structured interviews to examine how these lines dividing the Courts into the major two camps of the progressive and the conservatives became clearer with the Bill of Rights becoming justifiable. It found that the pre-Bill of Rights period was marred by retrogressive and stagnant development of constitutional litigation and judicial approaches despite some few and isolated bold-spirited attempts to go beyond the literal meaning of words. However, things considerably changed with the Bill of Rights becoming justifiable. The trend thereafter became more progressive although resulting into the enhancement of the divisions. The study concludes that these divergent views of the judges have now become the dividing lines among them creating thus the two trends of the progressive and conservative. Thus, the study recommends, inter alia, for a representative and transparent or participatory procedure and clearly identified criteria for judicial appointment aimed at enhancement of judicial independence and improvement of the quality of judicial work.Item Consumer protection law and practice: its relevance and reality in a developing economy with special reference to Tanzania(University of Dar es Salaam, 1987) Nditi, Nicholas Nicholas NgondoThis work is an attempt to examine the relevance and efficacy of the methods, both legal and non-legal, currently applied and those which may usefully be applied in Tanzania to protect consumers against various types of malpractices including overpricing, hoarding, manufacture and sales of defective and/or dangerous products and sales of commodities in incorrect quantities. Employing an historical socioeconomic approach this study investigates two hypotheses. The first, a general one and which runs throughout the work, particularly chapters one and two, is that consumer protection laws and practices believed to safeguard consumer interests are, in fact, in the last analysis, means used by the state to contain open conflicts between the economically strong - commodity producers and distributor and the economically weak, especially individual consumers, and at the same time preserve and further state interests. It is shown in this work that consumer protection laws and practices have got definite interests to protect. They serve the interests of the rulers and the economically strong and that, in fact, the consumer is but a side beneficiary. He has never been the primary beneficiary of consumer protection laws and practices. The second hypothesis, a specific one, is investigated from the third to the fifth chapter It is contended that in Tanzania the state has assumed the role of protecting, and believes it is the protector of, consumer interests. This assumption and belief are reflected mainly in its legal system. It is argued, however, that this assumed role has largely been defeated by the underdeveloped nature of the economy, activities of the state itself, nature of the laws and lack of consciousness on the part of consumers themselves. Chapter six examines para-legal and practical methods to supplement legal measures in protecting consumers. The seventh chapter, summaries the main findings, conclusions and reform proposals appearing in the thesisItem Contribution of criminal intelligence in the war against crime in Tanzania mainland(University of Dar es Salaam, 2011) Feleshi, Eliezer MbukiThe statistics available in the Police Force adequately showed that the increasing number of criminal activities in the country from the 1980s demonstrated how normal crime prevention and control measures by the police had failed to contain the problem. An exploratory study based on documentary review and field research was therefore undertaken to investigate the contribution of criminal intelligence in the war against crime in Tanzania Mainland. The study has revealed that the police criminal intelligence service in the country is still immature, not spread countrywide, reliant on old models of reacting to reported crime incidents and under-resourced. Due to lack of integrity and cooperation, and other problems, intelligence and investigative agencies have not fully exploited the intelligence collected from various sources to repress the prevalence of crime, and has thus caused crime reports which are reported to them but ignored, to be subsequently successfully investigated and prosecuted adhering to directives given by bureaucrats. This work further portrays that the lessons learnt from the Tanganyika British’s rule Police Special Branch, and from other jurisdictions where police forces are backed up by fully-fledged systematic criminal intelligence service capable of detecting and preventing crime, rather than simply waiting to react to them, if adopted and utilized, would enable the police to reduce the crime rate. The work therefore recommends a number of steps to remedy the deficiencies in the present set-up, including establishing an independent, robust and ethical criminal intelligence division in the Police Force that is supplied with adequate resources and guidelines, so that criminal intelligence and investigative agencies and other stakeholders cooperate in combating crime.Item Criminal sanctions efficacy in environmental management in mainland Tanzania: the Case of Wildlife Resources(University of Dar es Salaam, 2012) Levira, Mary CarolineEnforcement of environmental law in Tanzania relies heavily on the use of criminal sanctions. The use of criminal sanctions in dealing with environmental crimes is debated around the world. This study examines the criminal element of wildlife legislation with a view of determining how it affects the management of the environment and why. It was the finding of the study that the existing literature hardly advocates the use of alternatives to criminal sanctions. Instead, almost every wrong which is committed under the wildlife legislation is treated as a crime. In this qualitative study, a collective study design was used. The sample was selected purposevely and it involved a total of eighty two (82) participants. Both primary and secondary data were used, particularly interviews and documentary review. In view of the study findings the deterrent effect of criminal sanctions in wildlife management is acknowledged, however, we argue that it falls short of expectations because it does not address the underlying causes behind the committed crimes. Many forces come into play against total reliance on criminal sanctions as a strategy to stem the tide of environmental crimes in nature reserves: poverty and poor public participation in the management of wildlife resources being among other factors. This study concludes that, the criminal element of wildlife legislation affects negatively the management of the environment. It recommends use of other approaches such as, enhancement of public participation; poverty eradication; and establishment of mobile courts to ensure the efficacy of enforcement of criminal sanctions in addressing wildlife crimes in Tanzania in general, and at study sites in particular.Item Democracy and human rights in Tanzania mainland: the Bill of Rights in the Context of Constitutional: Developments and the History of Institutions of Governance(University of Dar es Salaam, 1997) Wambali, Michael Kajela BeatusThis thesis is an examination of human rights and constitutional development in Tanzania Mainland. The colonial and post-colonial history is used to analyse the development of human rights struggles, aswell as institutions such as the Bill of Rights in the recent development of multi-party democracy. The thesis intends to establish that in spite of global factors such as pressure for democratization from international institutions, the achievement of the Bill of Rights in Tanzania Mainland is part of a wider rights struggle of the people of Tanzania. The effective legal and political implementation of specific rights such as the right to vote, freedom of association and assembly reflect the state of that struggle. The thesis further seeks to establish that while the government sponsored the enactment of the Bill of Rights in 1984 and the re-introduction of multi-partism in 1992, it has always preferred to exercise extreme control over the enjoyment of political This has often involved curtailing the establishment and free operation of institutions of popular democracy. The thesis goes on to suggest that unless a democratic culture and civil society are restored in the country, the success of the rights struggles of the people will be far-fetched. Together with the above it is argued that the struggle for rights could be enhanced by working from what is provided as legal rights, all interested parties pushing for the expansion of the human rights field. This can only be attained if the majority of Tanzanians are made aware of the existence of such rights through legal literacy programs.Item Development of wage - labour and labour laws in Tanzania: circa 1920-1964 (a study in law, state and society)(University of Dar es Salaam, 1982) Shivji, Issa GulamhusseinThis study analyses the development of labour law in mainland Tanzania by locating it within the general development of wage-labour. It is argued that law cannot be understood apart from the general social history as shaped by continuous struggles of contending forces. The study covers the road period from approximately 1920 to 1964. The approach is thematic rather than chronological. Nevertheless two broad stages may be distinguished. The first phase until about the end of 1930s was dominated by the semi-prolentarian labour. Chapter One discusses the development of this type of labour and Chapter Two gives its conditions. Both these aspects are analysed in the context of the relation between capital and labour, the dominant fraction of capital being finance capital. Chapter Three gives the organisation of capital and its relation with the colonial state. It is argued that whereas capital was well organised and to a large extent managed to minimise inter capital contradi9ctions, the semi-proletarian character of labour militated against collective organisation and resistance of labour. During the period when semi-proletarian character of labour dominated, the central piece of legislation was the M & NS. Its main purpose was to procure labour for capital and regulate such procurement. This legislation and the regulations made there under are discussed and analysed in the context of the contradictions of the system of semi-proletarian labour. The second broad phase of the development of wage-labour begins in the early forties with the struggles of the dockworkers. Chapter Four deals in detail with the development of the permanent wage-labour. in particular the industrial, agrarian and mining proletariat. The conditions of the proletariat especially those pertaining to industrial accidents and safety, are discussed at length in this chapter and such legislation as the Factories Ordinance; the Workmen’s compensation Ordinance and the employment Ordinance are analysed closely. Chapter five concentrates on the struggles of the dockworkers and goes into detailed discussion of four major strikes during the decade of 190s. Dockworkers have painted a brilliant picture of militant working-class struggles. It was in the wake of their struggles that for the first time the labour law scene began to change with the introduction of Minimum Wage legislation, Factories ordinance, etc. Once the workers had embarked on a collective struggle and collective organisation (trade unions), the state came to the rescue of capital by introducing legislation to control and supervises working-class organisations. Hence trade union legislation. Chapter Six discusses the complex class struggles of the fifties in the fire of which the most important trade unions of the Tanzanian working class were born and matured. It was again during this period that the most important outlines of legislation on trade disputes were worked out. In spite of its phenomenal successes during the fifties, the trade union movement was not to last. With the coming of independence, it fell victim to the inter-petty bourgeois struggles. The emerging bureaucratic bourgeoisie threw the weight of its state behind its own interests and those of foreign capital. The trade union movement was rapidly smashed and hurriedly laws were posed making stick illegal and establishing a single trade union which in substance became part of the state machinery. This is analysed in Chapter Seven. The underlying theme of this study is the relation between law, state and society and we touch on this issue both in the introduction as well as in the conclusion.Item The East African court of justice and human rights protection: challenges and opportunities(University of Dar es Salaam, 2016) Luambano, Tasco RomanusThe study at hand examines the East African Court of Justice (EACJ) and the status of Human Rights protection in the EAC Partner States. The study postulates that, the EACJ is not particularly effective in protecting human rights in EAC Partner States. This hypothesis was based on two major premises. First, the EACJ is hampered by legal challenges in protecting and promoting human rights in the EAC Partner States. Second, lack of opportunities hinders the EACJ in protecting and promoting human rights in the EAC. In a nutshell, the study reveal that the most serious legal challenge undermining the EACJ is ambivalence in defining the Court’s mandate in human rights cases. Nonetheless, the EACJ continues to hear and determine cases which involve human rights violation. Apart from its contentious human rights jurisdiction, the EACJ also operates in an ad hoc fashion. Other identified challenges includes; poor public awareness, absence of an effective enforcement mechanism of court’s judgments, language barrier and differences in the legal system among the EAC Partner States. Finally, the study urges the EAC Partner States to adopt an additional Protocol to vest the EACJ with human rights jurisdiction. Further, the EAC Bill of Rights needs to be integrated into the EAC legal framework along with enhanced public awareness. Furthermore, the study call upon the EAC Partner States to put in place a feasible mechanism of enforcing the Court’s judgments, in addition to increasing the EACJ’s budget and engaging Judges on a permanent and pensionable basis.Item Environment degradation and human rights: a cross-national case study based on petroleum and mineral industries in selected developing countries(University of Dar es Salaam, 2014) Mhina, Mkombozi VincentGlobalisation, the unprecedented expansion of multinational capitalism throughout the globe, has unleashed TNCs which operate primarily through foreign direct investment in private industry, at the expense of the environment and the human rights of local populations in the countries of investment. Informed by country-specific case studies drawn from the Federal Republic of Nigeria, Republic of Ecuador and Papua New Guinea, the present thesis aims at establishing the link between foreign investment in the third world, environmental degradation and violations of human rights norms. It argues that, thanks to perfunctory regulatory systems, mining and petroleum companies operating in the context of joint ventures in partnership with governments of producing third world countries exert the greatest adverse impact on the quality of the environment and enjoyment of an array of human rights in the Third World. The conflict of interest that is endemic in the government’s dual and contradictory role as co-venturer and industry regulator has inevitably compromised the government’s ability to regulate the environmental and human impacts of petroleum and mineral development, has rendered whole communities bereft of and in desperate need of effective legal redress and has left ill-disposed foreign legal systems besieged with plaintiffs from producing countries.This thesis challenges the wisdom of the current human rights framework according to which responsibility for human rights violations lies solely with governments of sovereign countries. Through a rare glimpse provided by the emerging case law based partly on an application of the Alien Torts Claims Act (ATCA), a rather dated, unique but exemplary piece of United States legislation that is essentially an assertion of universal jurisdiction, and partly on extraterritorial environmental litigation, and guided by a critical analysis of human rights litigation before the Inter-American and African regional human rights systems, this thesis discusses the constraints and prospects of using both the private law notion of mass extraterritorial torts and existing human rights norms to check corporate abuse of the environment and human rights violations by western-based resource transnational corporations.The thesis concludes that the application of both theories promises very little in terms of holding multinational corporations legally accountable for their adverse impacts on the quality of the environment and enjoyment of human rights in developing countries. The thesis proceeds to adopt long term recommendations for the adaptation of the international human rights system to meet the corporate environmental and human rights challenge as well as short-term recommendations in the form of adoption of a private contractual approach aimed at addressing the key contemporary environmental and human rights issues that face companies and governments alike in the mining and petroleum industries of the third world.Item An examination of the law and practice relating to asset recovery in Tanzania(University of Dar es Salaam, 2020) Kaniki, Abdulrahman Omari JumaThis study critically examines the law and practice relating to asset recovery in Tanzania. Criminally acquired asset recovery is considered to be an effective mechanism of addressing serious and organised crimes within national boundaries and across international frontiers. When carried out as expected, the mechanism has an impact of depriving criminals of their ill-gotten wealth thereby striking them at appoint where it hurts most. This is a paradigm shift from penal law and policy making bodies of concentrating on persons only to also address their minds to property. Tanzania has legal and institutional frameworks that deal with forfeiture of criminally acquired assets. However, having these frameworks is one thing and letting them to operate is another thing altogether. The study has revealed that the legal and institutional frameworks on asset recovery in Tanzania are not efficient to enable recovery of proceeds and instrumentalities of crime. This explains why there has been under-utilisation of the legal –institutional frameworks on asset recovery despite that laws to that effect were in place since 1991 and came into operation in 1994. Among the reasons behind such underutilisation is that the frameworks lack driving force to move law enforcement agencies, institutions which deal with asset recovery process are not familiar with forfeiture laws that are in place; and little efforts were made to strengthen those institutions in terms of capacity building. Moreover, the wide discretionary powers left to the prosecution of either to apply for forfeiture order or not needs a mention. So far the law makes it optional for the prosecution to apply or not to apply for forfeiture orders upon conviction of accused persons who stood charged with predicate offences. This, it is argued, is one of scenario showing the under-utilisation of legal-institutional frameworks on asset recovery. In fact it is a stumbling block that hinders effective asset recovery. Recommendations have been made, basing on major findings of the study in order to remedy and improve the situation. They include, reforming the laws to be efficient to enable recovery of proceeds and instrumentalities of crime; improving asset management system; enhancing effective cooperation and collaboration among law enforcement agencies and institutions that are involved in asset recovery; and upholding ethical values, enhancing law enforcement and effective close supervision.Item Examining application of competition rules in the Tanzanian real estate market(University of Dar es salaam, 2019) Mwashiuya, Elias TensonThis study examines the application of competition rules at the local real estate market where both public and private institutional real estate actors compete for consumers of residential housing units. Specifically, the study identified and examined critically national laws relevant to real estate market and assessed application of competition rules in the real estate market with special reference to Dar es Salaam and Dodoma cities. The study reviewed the Legal Positivism Theory, the Resource-Based Theory, the Supply and Demand Theory and the Fair Competition Theory to assess competition rules in real estate market in Tanzania. This study found that national laws establishing public and private actors in the real estate market are not congruent with competition rules. Non-adherence to competition rules negatively affects the real estate market. The study also found that there is no regulator for the real estate business in the country. Absence of a regulator makes the market for real estate informal. As a result, the market is dominated by restrictive and unfair trade practices which affect the credibility of the sector. The study emphasises on the need to enact a Real Estate Regulation and Development Act which may provide provisions for real estate regulation and development. The Act may also establish a real estate regulator in order to formalise Tanzania real estate sector.Item Explaining crime and social control in Tanzania mainland: an historical social economic perspective(University of Dar es Salaam, 1985) Shaidi, Leonard PauloThe central hypotheses of this thesis dwells around the following themes: first, the explanation of crime as a creation of the state (criminalization of conduct). Secondly, the explanation of conduct (acts and omissions) as a product of the society. Third, although the major function of criminal law is to foster social control, the state employs other non-coercive measures to achieve the same goal which cannot be ignored. Fourth, criminal law and coercive measures are sometimes directed at goals which have no immediate relationship with social control, especially in states with a poor economic base. Traditionally crime or criminal conduct has been regarded as inherently ‘bad’ behaviour, and treated as if this has eternally been so. Contrary to this belief it is argued that there is nothing intrinsically ‘criminal’ in censured behaviour. In other words the ‘criminality’ of an act or omission lies in the social censure and not in its inherent nature. The state having censured certain acts and omissions with the support of its coercive and ideological apparatuses manages to stigmatize such practices and the participants as abnormal. Through an historical analysis of the phenomenon of crime and social control, it is argued that most censured practices or crimes are a form of individual self preservative conditions of a class society. The victims are nor sick or abnormal, but normal human beings responding in a normal and often rational way to the prevailing socio-economic conditions. It is shown historically how changes in the social formation breeds new forms of behaviour, and how the state responds in both regulating and suppressing those forms of behaviour which threaten the reproduction of the prevailing social relations. This thesis is divided into five chapters corresponding generally to the historical stages in the development of Tanzania, with exception of chapter one which deals with basic theoretical questions considered to be relevant to this work.
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