International Journal of Law and Legal Studies

International Journal of Law and Legal Studies ISSN 2736-1608 Vol. 14 (3), pp. 001-010, March, 2026. Available online at www.internationalscholarsjournals.org © International Scholars Journals

Review

Reconceptualizing Biosafety Law: Challenges and Opportunities in Governing Genetically Modified Organisms

Andanda, A. Pamela

School of Law, University of the Witwatersrand, Private Bag 3, WITS 2050, Johannesburg, South Africa. Tel: +27 11 7178449. Fax: +27 11 3394733. E-mail: [email protected].

Accepted 20 November, 2025

This paper looks at attempts that have been made to develop legal regulatory frameworks for modern biotechnology. The discussion is limited to the regulation of Genetically Modified Organisms (GMO) technology by the two leading producers and exporters of GMOs in Africa: South Africa and Kenya. The international and regional regulatory regimes are analysed for comparative purposes since the two countries have partially based their regulatory frameworks on these regimes. The methodology used is analytical; the challenges that are posed by GMO technology are analysed from public policy and legal perspectives. The main argument that is advanced is that the challenges that are frequently viewed merely as problems ought to be considered as indicators of possibilities and limits in regulating this fluctuant field. Ideas on the factors to be considered in developing appropriate regulatory frameworks for biotechnology are put forth to serve as a wake up call to policy makers and legislators that have to deal with such issues. It is concluded that a holistic approach should be used in addressing the pressing issues that are raised by biotechnology generally and GMOs in particular.

Key words: Biotechnology, GMOs, Kenya, Law, Regulations, South Africa.

International Journal of Law and Legal Studies ISSN 2736-1608 Vol. 14 (2), pp. 001-006, February, 2026. Available online at www.internationalscholarsjournals.org © International Scholars Journals

Review

The Persistence of Identity Politics: ‘New Wars’ in a Fragmented Global Order

Dodeye Uduak Williams

Department of Political Science, University of Calabar, Calabar, Nigeria.

Accepted 4 October, 2025

The nature and characteristics of war in the post-cold war era have been the focus of academic debates in the field of Peace and Conflict studies in recent years especially with regard to whether or not a distinction should be made between ‘old’ and ‘new’ wars. Mary Kaldor’s ‘new wars’ thesis, a very significant contribution to these debates, argues that there is a distinction given that the actors, goals, methods and modes of financing wars in the post-cold war era have changed significantly as a result of globalization (Kaldor, 2006:1). While many critics disagree and argue that the distinction does not exist (Kalyvas, 2001) and claim that there is nothing new about ‘new wars’ (Henderson and Singer, 2002), others question the lack of adequate empirical and historical evidence (Chojnacki, 2006:48) and argue that the thesis lacks any measureable criteria. However, as Mundy (2011) rightly points out, our justifications for concepts such as the ‘new wars’ thesis should be based on their ability to confront and address the very circumstances they seek to improve rather than on claims of alleged coherence and reflections of history. While this article is not directed at refuting criticisms, it is important to note that the term ‘new’ used in describing these wars that were taking place in the 1990s in the Balkans and Africa did not refer to them as having no historical parallels or antecedents but referred to a different ‘logic’ from the wars that scholars and policy-makers were concentrating on (Kaldor, 2012). Regardless of its limitations, this article argues that Kaldors ‘new war’ thesis has significant academic/analytical and policy relevance in the field of security studies and much more in the 21st century.

Key words: New wars, conflict, policy, organized violence, peace.
 

International Journal of Law and Legal Studies ISSN 2736-1608 Vol. 14 (2), pp. 001-007, February, 2026. Available online at www.internationalscholarsjournals.org © International Scholars Journals

Full Length Research Paper

Dynamics of Social Change and Continuity in Ilorin: A Conflict-Driven Perspective
 

Omoiya S. Y.
 

Department of History and International Studies, University of Ilorin, Ilorin, Nigeria.
 

Accepted 5 August, 2025

As philosopher says that change is the permanent phenomenon in life, so, conflict has been identified as the propelling agent. It thus explains why these natural phenomena have been employed to discuss the historical experience in a part of Africa. Ilorin is one of the capitals of states (Kwara State) in Nigeria. It is located on latitude 80-30 north and longitude 40-35 east. As frontier to both the Caliphate, the political structure briquetted on most of the northern states of Nigeria after the success of the 19 Century Jihad, led by Shehu Uthman Danfodio and the Yoruba speaking peoples of the south west, Ilorin history have been identified by scholars of both regions as necessary knowledge to illuminate the gray areas in their respective studies. Even though much are yet to be explored from its wide historical roles, this effort is one of such discussions to illustrate the impact of conflict in its being and changes that have been registered in its past. The study will be approached from the historical perspectives by appraising the sequence of changes witnessed in the area premised on conflict.

Key words: Conflict, change.
 

xInternational Journal of Law and Legal Studies ISSN 2736-1608 Vol. 14 (1), pp. 001-011, January, 2026. Available online at www.internationalscholarsjournals.org © International Scholars Journals

Review

Some aspects of the law and practice of commercial arbitration in Nigeria

Gogo George Otuturu

Department of Legal Studies, Bayelsa State College of Arts and Science, Elebele, Yenagoa, Nigeria.

Accepted 5 November, 2025

Arbitration is considered as a cheaper, quicker and technicality-free alternative dispute resolution mechanism than litigation. This paper examines some aspects of the law and practice of commercial arbitration in Nigeria under the arbitration and conciliation act 1990. In particular, it examines the law and practice of commercial arbitration relating to arbitration agreements, appointment of arbitrators, conduct of arbitration, arbitration awards and the enforcement of awards. It also examines the multi- door courthouse concept which integrates alternative dispute resolution processes into the regular court system. It suggests that the various states in Nigeria should follow the initiative of Lagos state in providing multi-door courthouse facilities. This will enhance access to justice and minimize delays in judice delivery.

Key words: Commercial arbitration, alternative dispute, law and practice.
 

International Journal of Law and Legal Studies ISSN 2736-1608 Vol. 14 (1), pp. 001-012, January, 2026. Available online at www.internationalscholarsjournals.org © International Scholars Journals

Full Length Research Paper

The Insurgent Struggle for Recognition: Applying the Hegelian-Honneth Paradigm to Terrorism

Sinkwan Cheng

NAH 102, Chinese University of Hong Kong Shatin, N.T., Hong Kong.

Accepted 12 November, 2025

This essay begins by analyzing how Hegel and Honneth’s theory of recognition would seem to lend support to insurgent terrorists’ struggle for the right to self-determination. Insurgent terrorism looks like a concretization of what Honneth calls the moral protest of the oppressed against the powerful. Insurgent terrorism also resembles the politics of recognition in that it challenges the legitimacy of the forces owned by the state, seeking public recognition instead for the legitimacy of their own cause. Precisely because what matters uppermost to terrorists is public recognition for their cause, terrorists are eager to seize the mass media to champion their ideas. This essay will end, however, by pointing out major differences between insurgent terrorism on the one hand, and Hegel and Honneth on the other.

Key words: Colonialism, Hegel, Georg Wilhelm Fredrich, Honneth, Axel, imagined community, (insurgent) terrorism.

International Journal of Law and Legal Studies ISSN 2736-1608 Vol. 13 (8), pp. 001-008, August, 2025. Available online at www.internationalscholarsjournals.org © International Scholars Journals

Full Length Research Paper

Reclaiming the Commons: Rethinking Land Tenure Systems and Embracing Communal Ownership as a Sustainable Solution to Address Squatter Problems and Landlessness in Kenya's Agricultural Sector

Omboi Bernard Messah* and Lucy Gachaba M.

School of Business and Economics, Kenya Methodist University, P. O. Box 267-60200, Meru –Kenya. Email: [email protected]

Accepted 13 March, 2025

The land problem in Kenya has many faces, one of which is the Squatter Problem. Kenya is primarily an agricultural economy. Approximately 75% of Kenya’s population is employed in the agriculture sector, hence the issue of land becomes core and delicate. The objective of the study was to investigate the factors leading to landlessness in Kenya and it paid special attention to the Rift Valley Province. Specifically, it sought to establish if landlessness in Kenya is due to outdated land laws which stem from the private land tenure, which was crafted by R. J. M. Swynerton through the Swynerton plan of 1954. A target population of 20,000 households was used for the study. Assuming a target population of 20,000 households, the study assumed a homogenous demography among all squatters. As such a sample size of 1% is deemed to be adequately representative. This gives a sample size of 200 respondents to be interviewed for response. Four districts in the rift valley with prevalent squatter problems or settlement schemes were purposively targeted for response. A uniform number of 50 respondents from each district were interviewed. These were Nakuru, Molo, Naivasha and Trans-Nzoia districts. Both secondary and primary data were reviewed for the purpose of this study. The study concluded that private land tenure is a major factor causing landlessness in Kenya. This is the bedrock on which land laws and policy are based. This is because the implementation of the plan produced claim as the principle of individual property ownership on land which became institutionalized. Based on findings, the study recommended a re-engineering of higher breed of the old African customary land law where land was owned communally and the current statutory law on land where there is individual ownership should be adopted as a way of obtaining a check on landlessness in Kenya.

Key words: Squatter, land, land tenure, colonial period, human settlement, Swynerton plan.