Faculty of Law collection
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Item Evaluating the Protection of Traditional Music Under Uganda's Copyright Law(International Journal for Multidisciplinary Research (IJFMR), 2024) Niyokwizera EmmanuelTraditional music in Uganda is a vital component of the nation's cultural heritage, embodying various communities' collective identity, history, and values. Protecting traditional music through copyright law offers significant benefits, including safeguarding cultural expression, promoting economic opportunities for communities, and ensuring that traditional knowledge is respected and preserved for future generations. This article explores the current status of traditional music protection under Uganda’s copyright law, analysing both the international and national legal frameworks. The international legal framework, including treaties such as the Berne Convention and the World Intellectual Property Organization (WIPO) agreements, provides a foundational structure for the protection of traditional music. However, these international instruments often fail to address the unique challenges of protecting traditional cultural expressions. At the national level, Uganda's Copyright and Neighboring Rights Act attempts to incorporate these international standards, yet significant gaps remain in effectively safeguarding traditional music. This article identifies key challenges within the existing legal frameworks, including issues of communal ownership, the inadequacy of Western-based copyright models in protecting intangible cultural heritage, and the difficulties in enforcement. Furthermore, the article discusses the tension between the need for protection and the preservation of cultural heritage in its most authentic form. To address these challenges, the article offers several recommendations. These include the development of sui generis legal protections tailored to traditional music, enhancing community involvement in the management of intellectual property rights, and strengthening the legal and institutional frameworks to ensure more effective protection and enforcement. By advancing these strategies, Uganda can better safeguard its rich cultural heritage while promoting the rights and interests of the communities that are the custodians of traditional music.Item Gender responsive climate financing as a strategy to climate change mitigation and adaptation: a legal analysis(Research gate, 2023-10) Kabaseke, CharlotteWomen 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.Item 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, CharlotteUganda 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 mattersItem 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 CharleneItem The Concept of Rule of Rule of Law and protection of Human Rights(The uganda living law journal, 2008-06) W.K.L Kasozi, GeorgeItem IMPLEMENTATION OF THE CONVENTION ON THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE(Journal of International and Comparative Law (JICL), 2020) Kabaseke, CharlotteWorld 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.Item “States should be clear minded, not to step on others toes before acceding to Integrated Markets(2023) Norman, MugaruraItem “States need to fight financial crimes first to succeed in protecting the environment”(2023) Norman, MugaruraItem “The closure of Crane Bank and bank failures in other Jurisdictions”(2019) Norman, MugaruraItem “THE CURRENT SPATE OF FINANCIAL CRIMES WITHIN BANKS IS A SETTING A VERY DANGEROUS PRECEDENT”(2022) Norman, MugaruraItem Resilience for banks and other businesses in a cyber attack Incident(Dr Norman Mugarura, 2023) Norman, MugaruraItem CAN TAX AVOIDANCE IN AFRICA BE AVOIDED?(By Norman Mugarura (Ph.D.), 2023) Norman, MugaruraThe term “tax avoidance” refers to avoiding paying the right amount of taxes and in many countries, it is not a criminal offence. On the other hand, “tax evasion” is committed when a person uses forged or falsified documents such as falsified financial statements, salary certificates, and formal declarations on ownership of assets or other certificates that are generally accepted as valid proof of a certain fact to hoodwink tax authorities and as a result gain unfair advantage.” Tax avoidance, unlike tax evasion, is legally committed when corporations or individuals take advantage of legal grey areas through the use of aggressive schemes to increase “tax efficiency.” Tax avoidance is often committed by the rich or Multinational Corporations (MNCs) using tax experts such as lawyers and Accountants to avoid paying the right amount of taxes. The irony of it is that those who cannot afford to hire tax experts pay all their tax dues to tax authorities while the rich cheat the system by dodging taxes. Ironically also this means that the poor subsidize the rich instead of it being the other way round. The Asset recovery process is not only tedious and expensive for victim countries, there is also unwillingness of countries where assets have been secreted to release them. Also, Mutual Legal Assistance Treaties (MLAT) are not easy to use where evidence on stolen Assets has been destroyed, assets dissipated, or law enforcement agencies deficient in requisite capacity to initiate and execute the Asset recovery processItem Intricacies of anti-money laundering and cyber-crimes regulation in a fluid global system(emerald, 2021) Norman, Mugarura; Emma, SsaliPurpose – The purpose of this paper is to decipher the law relating to cybercrimes regulation and benchmarking best practices that could be adopted to address regulatory weaknesses in some countries. In many countries, cybercrimes regulation is undermined by a lack of robust regulatory regimes. The few regimes that are available are fragmented with no coherent global strategy to deal with these offences across countries and regions. There is a lot of scholarly literature to corroborate the fact that lack of requisite laws on cyber and financial crimes has rendered states lame ducks when faced with well-organized and resourced criminal organizations. Design/methodology/approach – This paper articulates intricacies of regulating money laundering and cybercrimes using data from selected African countries and beyond. Generic issues on financial crimes, cybercrimes, case law and policy documents drawn from different jurisdictions have been examined based on the objectives of the study. Cybercrime activities and anti-money laundering (AML) regulatory models have been evaluated drawing on experiences of selected countries in Africa and other countries. Questions whether suspicious activity reports are appropriate as a model to counter incidences of cybercrime activities or whether other options should be considered were also examined. Most notably, the risk-based assessment model such as profiling of high-risk clients rather than reporting every transaction will be compared and possibly suggested as a suitable alternative in financial crimes regulation. The authors have evaluated the data and AML regulatory approaches and other policy measures to curtail the foregoing threats. There is a possibility that AML tools used by financial institutions and banking activities could be used to prevent the growing threat of cybercrimes. The paper has also been enriched by case studies of tenuous legal systems and fragmentation of laws on cybercrimes and financial crimes and how these gaps have been exploited to fuel incidences of illicit criminal activities around the globe. The paper has also used empirical data including visits to banks and financial institutions on the nexus between the threat of cybercrimes and money laundering prevention. The authors have been selective, evaluating cases from 2000s to date. This timeline was particularly important because of the increased incidences of computers and money laundering threats globally. After analysing the data, the authors were able to delineate that there is a close connection between the foregoing two crimes, how they operate in practice, differences and similarities in the counter-measures used to mitigate their negative effect globally. Thus, in the authors’ contention, this is a novel study that is likely to spur farther research on law and policy against cyber and AML crimes not only in Uganda but also in other jurisdictions. At the same time, the findings of the study could complement, and perhaps also complete, the work of scholars who have written papers on cybercrimes to advocate for regulatory changes fight against these offences. The study will also complement the work of other researchers who have challenged the segregation of cybercrimes and financial crimes in local and international regulatory discourses. This research aims to make a significant contribution to the study of cybercrimes and how they are regulated in international law. Findings – The findings of the paper have confirmed that the high incidences of money laundering and cybercrimes today are partly fuelled by inherent weaknesses in the global regulatory system and partly fuelled by weaknesses at an individual state level. Many countries have enacted a raft of anti-cyber and AML legislation but this notwithstanding, these laws have not been used to stem cross-border crimes globallyItem Technological Innovation in Trade Finance and the Law(2021) Agasha, MugashaItem Combining Accounts(Uganda Law Watch Center, 1998) Grace Patrick, Tumwine-MukubwaItem A definition of Bank,Banker and Customer(Uganda Law Watch Center, 1998) Grace Patrick, Tumwine-MukubwaItem Solutions for Developing-Country External Debt(Law and Business Review of the Americas, 2017) Agasha, MugashaDEVELOPING-country external debt is an economic, social, and political issue. The debt weighs heavily on the shoulders of the debtor nations, crippling their domestic social and economic programs, as well as preventing them from participating effectively in international activities such as trade. Individuals and families in these countries are deprived of even the most basic elements of living. The debt problem also affects the rich/creditor nations as developing countries with stagnating or crippled economies cannot be effective trading partners. Furthermore, the social and economic strife caused by the crippling debt has a domino knock-down effect on the richer nations. The debt problem has been around continuously for over thirty years.2 Countries that have faced debt crises at different periods are geographically widespread: from Mexico and Argentina; Poland and Romania; Morocco, Tunisia, and Nigeria; Philippines and Indonesia; to Uganda,Item International Human Rights Norms in the domestic Arena(Makerere University Human Rights and Peace Centre, 1997) G.P, Tumwine-Mukubwa