The issue of whether sovereign states can be held liable for the contractual obligations of their constituent units is a complex and evolving area of international law. This question gains particular relevance in federal systems where regional governments or states possess significant autonomy, including the authority to enter into contracts with foreign entities. In such scenarios, delineating the boundary between the obligations of these sub-national units and the responsibility of the sovereign state itself presents a legal challenge. The case of Zhongshang Fucheng Industrial Investment Co. Ltd v The Federal Republic of Nigeria offers critical insight into this issue, especially following multiple court rulings across different jurisdictions that rejected Nigeria’s claim of sovereign immunity. After an arbitral award in favour of Zhongshang Fucheng, courts in France and England ordered the seizure of Nigerian state assets, including presidential jets and properties, as part of enforcement efforts. This paper will address these questions by exploring key legal principles, including state responsibility, the doctrine of state immunity, and the concept of attribution in international law. Additionally, it will examine the role of bilateral investment treaties (BITs) and the New York Convention in facilitating enforcement of arbitral awards across multiple jurisdictions.
NAVIGATING COMPLEXITIES OF AUTONOMOUS WEAPONS SYSTEMS
This article explores the challenges posed by Autonomous Weapon Systems (AWS) to International Humanitarian Law (IHL) in modern warfare. It traces a historical trajectory from early automated weapons in the 19th century through to cutting-edge developments like unmanned combat aerial vehicles and lethal autonomous robotics, providing context for the current state of AWS technology and its rapid evolution. The essay grapples with questions of how AWS can reliably distinguish between combatants and civilians in complex, dynamic battlefield environments, and how they can be programmed to make proportionality calculations that have traditionally relied on human judgment. The article wrestles with the thorny issue of attributing responsibility and maintaining accountability for actions taken by AWS. In a world where machines make autonomous decisions, determining liability for potential war crimes or IHL violations becomes incredibly complex. Additionally, the essay highlights the current legal gaps and uncertainties regarding AWS regulation.
DIPLOMATIC IMMUNITY: HISTORY, PURPOSE, AND CONTEMPORARY CHALLENGES
From early times, sovereign entities had always recognized and applied the concept of diplomaticimmunity. Envoys, emissaries, and other representatives were treated with high regards and protected by their hosts to maintain hitch-free relationships with their parent countries. Owing to the significance of relations between states, this ancient culture has thus evolved to its contemporary form, officially recognized by nations and regulated by international conventions and treaties, most significantly the 1961 Vienna Convention on Diplomatic Relations. In international relations, official representatives of a country and to some extent, their family members, are granted a certain level of protection from legal action in their host countries. These privileges are further reinforced by some countries who enact particular legislations to ensure that diplomats are able to properly perform their functions. While diplomatic immunity is an age-old concept that is crucial for peaceful international relations, it has been subjected to criticisms as to how much it shields diplomats from being held accountable for criminal and civil wrongs. Critics also argue that some diplomats can exploit these privileges to conspire against their host countries. The aim of this paper is to analyse the concept of diplomatic immunity, its historical development, purpose, and the current challenges surrounding the concept. The level of immunity for different diplomatic representatives and available measures for mitigating the abuse of diplomaticprivileges will also be evaluated therein.
THE TERRAIN OF ARROGANCE AND NON-COMPLIANCE WITH COURT ORDERS BY GOVERNMENT OFFICIALS
The Kenyan dream was founded on aspirations of a populace that longed for liberty of the land and themind. All can be traced in the 2010 Constitution that sought to quench the thirst through both economicand political autonomy. The powers were finally reclaimed by the people who assumed ownership of thesovereignty upon validating it through a popular referendum. In the text, rule of law was proudlyenvisioned to hold the masses, their democratically elected shepherds and appointed public servants equal before the law and accountable to the people who possess the sovereign power.The power was subsequently conferred on the three arms of the government which were to affect thepeople`s ambitions. In the presence of a power-driven executive alongside a legislature that cannot express itself independently, the people have been subjected to unprecedented atrocities that cannot survive the scrutiny of the law. In the presence of an interest and fear led regime, the Kenyan society is left at the only choice of a burdened judiciary whose orders have been the subject of arrogance display.In an era where the judiciary is at the brink of loosing the trust of the people when senior governmentofficials continuously trash its dignity, I would dwell into the ever-growing crisis. This paper would assessthe possible reasons behind the wild culture of contempt of court orders by senior public officials in thepresence of a just, open and a democratic society.
AN ANALYSIS OF THE ROLE OF THE UNITED NATIONS IN PROMOTING AND PROTECTING HUMAN RIGHTS
As a global structure aimed at protecting Human Rights as enshrined in the United Nations Charter andother legally binding treaties and non-binding declaration in a bid to promote Human Rights throughoutthe world, there is a need to critically examine the activities of the United Nations since its inception in 1945. This paper examines the historical aspect of the United Nations contributions to Human Rightspromotion and protection as well as its threat and triumph in the advancement of Human Rights across the world. In a world bedeviled by arbitrary arrests, imprisonment without trial, attack on freedom, inhuman and humiliating punishment, mass killings, ethnic cleansing, enslavement, and other serious attacks on a person’s physical and moral integrity, this paper is focused on an analysis of the United Nations activities in promoting and protecting Human Rights, its origin and evolution, as well as the challenges associated with this effort. Amongst all, this paper recommends that agencies of government must be adequately funded, trained and equipped for responsible use of firearms in consonance with International Human Rights standards. In addition, any officer found to have participated in the unlawful termination of life should not just be dismissed from service but also be prosecuted, and a system should be set up to cater to the needs of victims and their dependents.
THE RIGHT TO FREEDOM OF RELIGION AND THE QUESTION OF ISLAMIC DRESSING CODES IN PUBLIC PLACES
The right to Freedom of thought, conscience and religion as enshrined in section 38 of the 1999 constitution of the Federal Republic of Nigeria is, and has been one of the crucial rights as long as Nigeria is concerned.This is as a result of the muliti-diverse ethnic groups in Nigeria, of which some, after the colonial era,adopted and accepted other religions (e.g Christianity) as their own, these various religions share differentviews about their deities, and how they ought to live their lives in accordance with the will of their deities.The mode of life adopted by each religion which is in accordance with the will of their God(s), has greatlyaffected their day-to-day activities such as, the food they eat, their social activities, educational activities,the way they go about their health treatment, and even their mode of dressing and grooming. This paperseeks to analyse the right to freedom of thought, conscience and religion as encapsulated in section 38 ofthe 1999 constitution of the Federal Republic of Nigeria vis-a-vis Islamic dressing codes in public places.