Faculty of Law collection

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Browsing Faculty of Law collection by Author "Kabaseke, Charlotte"

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    Gender responsive climate financing as a strategy to climate change mitigation and adaptation: a legal analysis
    (Research gate, 2023-10) Kabaseke, Charlotte
    Women have been noted to be key contributors in seeking strategies to mitigation and adaptation in respect to climate change. Research has acknowledged that due to women’s socially constructed gender roles, enhancing their access to economic and social resources is a key contributor to the promotion of better mitigation and adaptation outcomes. It has, however, been observed that despite this realization, climate finances are usually unequally distributed and with unequal participation of men and women during the distribution or consideration for distribution. The available research has, however, not adequately analyzed the role of law in ensuring that equal distribution is achieved. It is therefore important for the barriers against women’s equal access to climate finance to be eliminated, from a legal perspective. Although various strategies have been developed for ensuring the realization of climate finance, there is need to legally strengthen the financing through more gender equitable ways. This article therefore employs the doctrinal research method to analyze the adequacy of the existing climate change legal framework in ensuring equal distribution of climate finance in respect to women. The article also analyzes a few of the non-legal factors which are contributors to unequal distribution of climate finance. The article concludes that legal recognition of equitable climate finance distribution will go a long way in contributing to the realization of climate change mitigation and adaptation. In addition, the chapter makes recommendations on improved ways of ensuring equitable distribution of climate finance.
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    IMPLEMENTATION OF THE CONVENTION ON THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE
    (Journal of International and Comparative Law (JICL), 2020) Kabaseke, Charlotte
    World heritage is fast being depleted especially in the face of urbanization and climate change and there is urgent need to preserve and protect it. International law provides for the preservation and protection of the different forms of heritage. States are therefore obligated to protect the different forms of heritage within their territories. The World Heritage Convention was enacted for the preservation and protection of world heritage but it has had some challenges, among them, implementation at domestic level. Whereas both China and Uganda have ratified the convention, they are both still facing implementation challenges. Employing the doctrinal and comparative legal methods, the paper seeks to examine the efficacy of the World Heritage Convention in preserving world heritage. The paper further seeks to comparatively examine the extent to which China and Uganda have domesticated and implemented the convention. A conclusion is drawn that China has performed much better than Uganda in domesticating as well as the preservation of the world heritage within its jurisdiction. Uganda as well as other countries facing similar challenges as Uganda has great lessons to learn from China. Recommendations are made on how Uganda can improve her own situation.
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    MAKING A CASE FOR RECOGNITION OF WOMEN’S CONTRIBUTION IN THE LEGAL FRAMEWORK FOR ENVIRONMENTAL CONSERVATION (IN UGANDA)
    (Juta and company (pty) Ltd, 2019) Kabaseke, Charlotte; Lubaale, Emma Charlene
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    The Right to Access to Justice and the Need for an Environmental Court in Uganda
    (East Africa law society and rule of law journal, 2023) Kabaseke, Charlotte
    Uganda is a country characterized by large areas of diverse and sensitive ecosystems. In recent decades, the country has experienced various environmental challenges, including displacement of people due to large- scale industrial projects, deforestation, pollution, and the threat of climate change. While access to justice is a fundamental human right protected by international law, in Uganda, the right to access to justice in environmental matters has been severely limited due to the lack of an appropriate institutional framework. This paper examines the need for an environmental court in Uganda to ensure the protection of the right to access justice in environmental matters