Studies in Law and Justice

The “Train Has Stopped Again”: Common European Defense and Relations with NATO

2026-05-19T08:47:42+00:00

The present paper aims to investigate the evolution and stages of the concept of European defense after the Treaty of Lisbon. Any reference to European security and defense policy is always an open challenge that highlights the complexities of the past in this area, as well as the present. The constant crises, the increasing and/or decreasing armaments of member states, the role of the Atlantic Alliance, the constant aggression of various states against others, the limitations of its intergovernmental system and unanimous decision-making rules are always evolving and subject to further analysis. On the other hand, the lack of strategies for member states, including those within NATO, powers like the United States and its rival China, are challenges that demonstrate the lack of true European military autonomy. An autonomy that perhaps is unnecessary given the focus on a common operational structure that places the management of external military missions within the framework of European defense integration, viewing it as a stage in the Union’s ongoing evolution.

Land, Livelihoods, and Human Rights: A Legal Analysis of the Balaalo Situation in Northern Uganda Under Trespass to Land Law

2026-05-19T08:50:40+00:00

The study examines the Balaalo pastoralist situation in Northern Uganda, focusing on the legal and human rights implications of land disputes under the law of trespass to land. The presence of Balaalo communities has generated tensions over land rights, communal ownership, and individual property interests, challenging both Ugandan customary and statutory legal frameworks as well as national and international human rights standards (Green, 2008). The study aims to analyze the Balaalo situation within the context of Ugandan trespass law, assess the human rights implications for affected communities, and identify legal and policy gaps that exacerbate land-related conflicts. Employing a qualitative case study design, the research utilizes interviews with local authorities, review of legal documents and court cases, and thematic analysis of the collected data. Findings reveal that conflicts largely arise from the intersection of customary land tenure and statutory law, with significant gaps in the enforcement of property rights, inconsistent legal and institutional responses, and human rights concerns related to evictions and restrictions on pastoralist mobility. The study concludes that harmonizing trespass law with human rights standards is essential and recommends policy reforms to enhance legal clarity, the establishment of inclusive adjudication mechanisms, promotion of community mediation efforts, and the development of improved cadastral systems to mitigate conflict while protecting the livelihoods and rights of all stakeholders.

Autonomy Under Pressure: Fraud, Nullity, and Regulatory Compliance in English Documentary Credit Law

2026-06-02T08:11:32+00:00

The documentary credit has long been regarded as the lifeblood of international commerce, but it is now facing two distinct and growing structural pressures. Within private law, there are institutional blind spots in the provisions on payment exceptions in the framework of English private law. The fraud exception, as construed in United City Merchants, leaves banks institutionally exposed to third-party fraud by requiring beneficiary complicity, while the judicial refusal to recognise a nullity exception in Montrod compels banks to honour instruments devoid of legal existence. On the financial regulatory front, the rapid expansion of financial crime regulation, represented by economic sanctions and anti-money laundering, requires banks to undertake the obligation to investigate underlying transactions at the precise point when the principle of autonomy strictly limits the obligations of banks to the facial examination of documents. In view of the fragmented and unprincipled manner in which the English judicial practice has responded to this double pressure, this article proposes a two-way reform path. First, regard legal nullities as the front threshold for compliance review, and establish more objective fraud identification standards; secondly, build a structured regulatory intervention framework to ensure that banks cannot abuse sanctions or anti-money laundering reasons, and their refusal decisions must be based on objective evidence and subject to judicial review. This structured approach seeks to restore commercial certainty to cross-border trade finance by reconciling the mandatory obligations of public regulatory compliance with the foundational trust of private commercial instruments.

Appraisal of the Concept of Preventive Diplomacy in World Politics

2026-06-16T10:14:42+00:00

It is an axiom that peace is priceless, terror is senseless. Every nation in world politics desires palpable peace in order to achieve its foreign policy objectives. Knowing that there can be no meaningful development in an atmosphere of rancour, acrimony and wars, states tend to pursue preventive diplomacy which prevents conflicts from occurring. However, universal interrelationships are usually done with skillful competitiveness and maneuvering because the world is made up of great diversities, and states with different capacities, competencies, skills and interests to compete. Most times, the result of this competitiveness is conflict. Diplomacy is the weapon with which states mingle, negotiate and consult each other. It is a weapon to prevent or settle disputes when they arise. This paper examines the idea of preventing conflicts from occurring amongst states in their relationships as they constantly and continually strive to achieve their various foreign policy objectives. Rather than engage in expensive methods and practice of dispute settlement, it is better to prevent conflict. This paper adopted doctrinal method where the relevant primary and secondary sources were utilized. It was found that preventive diplomacy is good and beneficial because it is better to prevent conflict from occurring than to allow it begin before looking for solution to prevent it; the world has to be proactive than reactive. It concluded that in spite of the obvious benefits of preventive diplomacy, it cannot be 100% achievable in a world where there are different capacities, competencies, skills and interest performed by varied people of different cultures, places, tribes, religion. Finally, it was recommended that stakeholders in international politics should work assiduously to make preventive diplomacy effective. States, non–state actors and other participants should adopt to tenets of preventive diplomacy since it is better to prevent adverse situations from degenerating into ravaging wars.

Beyond Absolutism: A Critical Examination of the Right to Life in Contemporary Human Rights Law

2026-06-16T10:18:53+00:00

The right to life is widely recognized as the most fundamental human right and a cornerstone of international human rights law. This article critically examines the legal nature of the right to life, with particular emphasis on whether it constitutes an absolute or a qualified right under contemporary legal frameworks. Drawing primarily from international and regional human rights instruments, including the International Covenant on Civil and Political Rights and the European Convention on Human Rights, the study demonstrates that the right to life, while inherent and non-derogable, is not absolute in its application. The analysis shows that the right to life is subject to narrowly defined legal exceptions, including self-defense, lawful use of force by state authorities, the imposition of the death penalty under strict conditions, and lawful acts in armed conﬂict governed by international humanitarian law. These exceptions are regulated by the principles of legality, necessity, proportionality, and accountability, which ensure that any deprivation of life is not arbitrary. The study further highlights the evolving interpretation of the right to life through the jurisprudence and interpretive guidance of the United Nations Human Rights Committee, which has expanded its scope to include positive obligations on states to prevent foreseeable threats to life. It also identifies ongoing tensions between the protection of life and state interests such as security, law enforcement, and public order. The article concludes that the right to life is best understood as a qualiﬁed right rather than an absolute entitlement, whose protection depends on strict legal safeguards and effective accountability mechanisms. This nuanced understanding is essential for ensuring both respect for human dignity and the practical functioning of legal systems in contemporary society.