School of Law (S.Law) Collections

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Now showing 1 - 5 of 173
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    Recognition and statehood in international law: the case of Taiwan
    (Makerere University, 2025) Nyango, Juma Issa
    This dissertation examines the complex interplay between international law principles and geopolitical realities in determining Taiwan's contested status as a state. Through an interdisciplinary analysis, the research investigates the historical evolution of statehood principles, assesses Taiwan's claims to statehood under international law, and examines its current legal situation. The study employs a doctrinal legal research methodology, complemented by historical analysis and case study approaches, to evaluate Taiwan's position against established legal frameworks, particularly the Montevideo Convention criteria for statehood. The research findings demonstrate that Taiwan substantially fulfills the objective criteria for statehood under international law, maintaining effective control over a defined territory, a permanent population, a functional democratic government, and the capacity for international relations. However, the study reveals a significant disconnect between Taiwan's de facto sovereignty and its de jure recognition, primarily due to the international community's adherence to the "One China" policy. This creates a unique legal paradox where Taiwan exercises effective statehood while lacking widespread formal recognition. The dissertation concludes that traditional binary approaches to statehood may be insufficient for addressing Taiwan's unique situation. It suggests that international law may need to evolve to accommodate entities that exercise effective sovereignty while lacking formal recognition. The research proposes several recommendations for various stakeholders, including strengthening Taiwan's domestic institutions, pursuing constructive cross-strait dialogue, and exploring innovative hybrid models for international participation. These findings contribute to both academic discourse and policy discussions surrounding contested statehood in the contemporary international legal order.
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    Interrogating the right to education for urban refugee children : a case study of Kisenyi-Kampala
    (Makerere University, 2024) Musinguzi, Patrick
    The study investigates the right to education for urban refugee children in Kisenyi-Kampala, Uganda, focusing on two major schools with a significant number of refugee pupils. The research aims to examine the availability of relevant international, regional, and domestic legal frameworks for these children and propose recommendations for solutions to enhance their right to education. Despite the introduction of Universal Primary Education (UPE) by the Ugandan government, urban refugee children face education inequalities due to a lack of statutory instruments, unclear education Act, inadequate inspections by the Ministry of Education and Directorate of Education and Social Services, language barriers, and lack of economic emancipation. The study adopted a qualitative research method and targeted refugee children, with key respondents including the Department of Refugees in the Office of the Prime Minister, UNHCR, Directorate of Education-KCCA, Teachers, and the Ministry of Education. The study found that nationals are given priority during school enrolment compared to refugees, leading to marginalization and difficulties in accessing education. The policy and legal framework in Uganda do not support the realization of education for urban refugee children, and the government department responsible for managing refugee affairs lacks specific policies on education for these children. This study highlights the hidden evil obscuring urban refugee children's right to education.
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    Analysing the legal and regulatory framework for tuition and non-tuition fees in schools in Uganda
    (Makerere University, 2025) Kaweesi, Paul
    World over, tuition and non-tuition fees in schools are very complex topics. If there is anything today that has raised controversy and debate in the education sector, it is the question of skyrocketing school charges. In Uganda, it is now a norm for the owners or operators of both Government-aided and private unaided schools to adjust fees and other levies virtually every school term in total defiance of the Ministerial Guidelines on School Charges. Uganda’s fees crisis has also not spared schools implementing the Universal Primary Education (UPE) and Universal Secondary Education (USE) Government programmes, which are by law prohibited from levying any charges on learners. The prohibitive school charges, which are in the region of USD 800 per term in some elite schools, have become a concern for all including Cabinet, Parliament, Ministry of Education and Sports (MoES), Government Commissions, Non-Governmental Organisations (NGOs), media, educationists and the public. The parents and guardians as the major stakeholders have to grapple with the relentless burden of excessive school fees. The Education (Pre-Primary, Primary and Post-Primary) Act, Cap. 247 ‘Education Act, Cap. 247’ which commenced on 29 August 2008 empowered the Minister responsible for education to make statutory instruments regarding UPE, USE, school charges, school meals and school uniforms, but no instruments or regulations have been made nearly twenty years later. The MoES has instead issued circulars and guidelines on school fees and charges, which do not have any force of the law. The unpredictable and unregulated school charges has given latitude to school owners and operators to hike fees, thereby denying many learners access to quality basic and secondary education, especially those from low and middle-income families, thus violating their right to education.
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    The effectiveness of the state brief scheme as an instrument for actualising the right to Legal representation in Uganda
    (Makerere University, 2025) Nalubega, Leila
    This study examines the effectiveness of the State Brief Scheme SBS as an instrument for actualising the right to legal representation in Uganda. Despite constitutional guarantees of legal aid for indigent defendants contained in the constitution of Uganda and international instruments to which Uganda is a state party, challenges persist in ensuring equitable access to justice, particularly for the poor and marginalised. The SBS was introduced to provide legal representation to individuals unable to afford private counsel, but its implementation has faced significant obstacles, including limited resources, inadequate lawyer availability, and uneven quality of representation. This study critically evaluates the scheme’s impact through qualitative research, including interviews with legal professionals, beneficiaries, and stakeholders, as well as analysis of case law and policy documents. The study explored four specific research areas and responded to the following questions; 1) How effective is the SBS in Uganda in rendering legal support to indigent persons in criminal trials? (2) What are the standard requirements of the SBS in implementing the legal aid service during criminal proceedings in Uganda? (3) How does the operation of the SBS scheme in Uganda compare with similar schemes in other jurisdictions? and 4) What possible interventions can be adopted to improve the implementation of the SBS scheme in Uganda? The study posits that while Uganda has a scheme in place, it is to a large extent exclusionary in nature to the indigent accused with most need of the service. It is only limited to criminal cases and operates from the point of actual court trials, yet qualification is also not open, but subjected to a test whose determinations rely on the discretion of the service provider to whom the application for legal support is submitted. The study makes a comparison of the operation of SBS in Uganda with selected countries that is Kenya, South Africa, Nigeria and Ghana, whose best practices are applied to appraise Uganda’s performance, based on which recommendations are then made for the improvement of Uganda’s scheme. The study concludes by offering recommendations to enhance the scheme's effectiveness, including increased funding, lawyer training, public awareness campaigns, and structural reforms. This research contributes to the broader discourse on legal aid reform in Uganda, with implications for improving the equitable delivery of justice for all citizens.
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    Protection of personal data: a critical analysis of Uganda’s legal and institutional framework
    (Makerere University, 2025) Byaruhanga, Alex
    This dissertation critically examined the adequacy of Uganda's legal and institutional framework for the protection of personal data, focusing on its adequacy and effectiveness in an increasingly digital world. The primary objectives of the study were to assess the current legal and regulatory provisions for data protection, analyze the roles and effectiveness of institutions mandated to enforce these laws, and identify key challenges and offer solutions to counter the challenges. The study also analysed comparative jurisprudence of the legal and institutional frameworks of other countries in relation to data protection and privacy. Two countries were benchmarked that is the Republic of Kenya in the East African Region, and the Republic of Chile from Latin America. Key lessons from these countries were drawn and are contained in the dissertation. The study adopted a qualitative methodology, utilizing document analysis, expert interviews, to explore the strengths and weaknesses of existing laws, such as the Data Protection and Privacy Act, Computer Misuse Act, the Registration of Persons Act, and the roles of the various institutions tasked with the mandate to ensure compliance with the laws and the Data protection principles. The findings indicate significant gaps in the regulatory framework such as inadequate provisions of the law and several administrative challenges faced by institutions in executing their mandates, including insufficient resources and limited public awareness. Key recommendations suggested by this study include a comprehensive review and strengthening of the legal and regulatory framework to ensure that it can counter the dangers posed by the new technological developments like Artificial Intelligence, align the national laws with international standards, and effectively address emerging data protection issues in the contemporary society. Additionally, the capacity of institutions responsible for data protection like National Information Technology Authority-Uganda must be enhanced to enable them to fulfill their duties effectively, establish the Personal Data Protection Office as an Independent Authority rather than operating as a Directorate in National Information Technology Authority-Uganda that is due for rationalization and mainstreaming it in the Ministry of Information, Communication Technology, and National Guidance. Fast tracking the enactment of the East African Community Data Protection and Privacy Act among others are other key recommendations proposed by this study.