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All Journal Lex Scientia Law Review Journal of Law and Legal Reform
Balarabe, Kasim
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Law, Crime, Criminology & Criminal Justice

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Constitutional and Judicial Interpretation of Environmental Laws in Nigeria, India and Canada Nyekwere, Empire Hechime; Nnawulezi, Uche; Adiyatma, Septhian Eka; Balarabe, Kasim; Rouf, Muhammad Abdul
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.69394

Abstract

The judiciary, an important branch of government responsible for legal interpretation, dispute resolution, and justice administration, holds a crucial role in national environmental protection. Courts play a key role in safeguarding a nation's environment by interpreting constitutional provisions related to environmental protection and other legislative frameworks. The effectiveness of a country's environmental protection is contingent on the assertiveness, creativity, and innovation of its judiciary in interpreting laws, policies, and regulations designed for environmental preservation. The widely held belief is that the judiciary, more than any other institution, is best positioned to adjudicate, inform, guide, and lead in environmental protection. A proactive, inventive, and inspirational judiciary motivates the executive and legislative branches to implement pertinent environmental laws, policies, and regulations. This study utilizes a doctrinal research methodology to comprehensively review and compare the environmental protection frameworks in Nigeria, India, and Canada. The focus is on constitutional provisions related to environmental protection and judicial interpretations, particularly in the context of Environmental Impact Assessment (EIA) laws. While explicit constitutional provisions on environmental protection are absent in Canada, India, and Nigeria, the courts in India and Canada have demonstrated creative interpretation of their constitutions to safeguard the environment. Notably, in India, environmental protection falls under the non-adjudicable Directive Principles of State Policy (DPSP).
Addressing Challenges and Development in Enforcing International Laws on Child Soldiers: The Need for Legal Reform Okereke, Obinna Nnanna; Nnawulezi, Uche; Magashi, Salim Bashir; Adiyatma, Septhian Eka; Balarabe, Kasim
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.1529

Abstract

The purpose of this paper is to examine the challenges of enforcing the international legal framework on child soldiering. The paper reveals that, as the offense of child soldiering escalates, the multi-dimensional scope for protecting child soldiers spans various legal regimes under international law. It argues that, despite several prohibitive norms established in International Humanitarian Law (IHL), International Human Rights Law (IHRL), the International Labour Organization (ILO), and International Criminal Law (ICL), their application or enforcement against child soldiering remains ineffective and inadequate due to numerous impediments and challenges. This is because "law on paper," like a baby in the womb, must align with "law in action" to achieve adequate effectiveness. The methodology employed is doctrinal research. Major gaps were identified, and the paper provides comprehensive recommendations to enhance the enforcement of global treaties against child soldiering. The paper concludes with recommendations to address the technical and legal complexities associated with child soldiering.  
Co-Authors Adiyatma, Septhian Eka Magashi, Salim Bashir Nnawulezi, Uche Nyekwere, Empire Hechime Okereke, Obinna Nnanna Rouf, Muhammad Abdul