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School of Law Bi-Annual Report Jan-Jun 2023

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I am delighted to present to you the School of Law bi-annual report for the first half of 2023. The report provides a highlight of the major activities undertaken and outputs registered during the reporting period. There has been good progress registered towards achieving the School’s mission and strategic objectives. With respect to teaching and learning, the School conducted the end of Semester I exams AY 2022/23 and successfully conducted Semester II teaching and examinations. A number of guest lectures were held. Our students also participated and excelled in a number of moot court competitions. At the 73rd Graduation Ceremony held in February 2023, the School presented a total of 249 graduands who were awarded their Bachelor of Laws and Master of Laws degrees.

Concerning research and innovations, our academic staff have continued to do well. Professor Emmanuel Kasimbazi published two books on Environmental Law and Energy Law in Uganda. The Human Rights and Peace Centre (HURIPEC) completed work on an edited book volume on Peace, Development and Militarization in Uganda. The work has been submitted for publication. HURIPEC also launched its research report on “Institutional Oversight in Crisis and Management of Uganda’s Covid19 Funds”. The report analyses transparency and accountability concerns over the management and oversight of Covid19 funds in Uganda. The Public Interest Law Clinic (PILAC), also launched a research report titled: Transforming Legal Education by Promoting Experiential Learning and Enhancing Access to Justice for Vulnerable Groups: A Pilot Project Research Report. During this period, the different departments at the School took a decision and started work on establishing a new multidisciplinary legal journal called Makerere Law Review. The Journal will provide additional platform for both academic staff, graduate students at the Makerere University as well as practitioners and policy makers to publish their groundbreaking work to inform contemporary global and national issues.

A number of community outreach initiatives were also carried out. Key among them were: a training of university staff on refugee rights and dynamics involved in access to higher education for refugees held on 21-22 February 2023 at the Golf Course Hotel in Kampala; a legal aid and medical camp for Makerere University students and staff and general public held on 3rd March 2023 at Freedom Square, Makerere University; and a training of police officers on promoting disability rights through the Police, held 10th March 2023. On 22nd March 2023, the School organized a public dialogue and debate on the Anti-Homosexuality Act 2023. The dialogue provided opportunity to the panelists and participants to interrogate this law along the theme “protecting the public or oppressing the minority?”.

The School also supported our students to undertake a number of activities that promote their academic, professional and social development. On 4th March 2023, they successfully held the Makerere Law Society Annual Sports gala. Teams competed in sports activities like football, netball, racing among others. On 17th March 2023, they successfully organized the Makerere Law Society Career Day held under the theme “Becoming a multi-disciplinary lawyer; strategies & success stories”. On 29th April 2023, they successfully organized the Makerere Law Society Annual Dinner at the Sheraton Hotel, Kampala.

I thank the University Management, University Council, Government of Uganda, our partners,
stakeholders and well-wishers for the continued support they give us towards implementing our strategic plan. As We Build for the Future

Ronald Naluwairo, PhD
Associate Professor and Principal (Ag)

Law

HURIPECTalks: A Podcast by HURIPEC

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#HURIPECTalks: A Podcast by HURIPEC featuring; Mr. James Nkuubi, Prof. Christopher Mbazira, Dr. Godber Tumushabe, Dr. Zahara Nampewo, Mr. Ndebesa Mwabutsya, Prof. Joshua B. Rubongoya, and Dr. Jimmy Spire Ssentongo.

To listen: huripec.mak.ac.ug/huripectalks

#HURIPECTalks is a podcast hosted by HURIPEC. It explores various issues shaping Uganda today and offers a platform where academics at the School of Law and beyond can share their research and reflections on a multitude of topics. The main objective of the podcast is to broaden avenues for dialogue, knowledge production and knowledge exchange with a view towards solving some of the most pertinent challenges facing Uganda, Africa and the world. The podcast is anchored in analyses on human rights, sustainable development, conflict resolution, gender equality, constitutional law, social justice, among others.

This first HURIPECTalks podcast series on law, militarisation, peace and development defines militarism and militarisation and explores how these phenomena have manifested throughout Uganda’s history and present. It examines how militarism and militarisation are impacting rule of law, policy and politics as well as the economy and society, and how they are shaping gender relations, youth expressions and aspirations.  The series also unpacks theories of Pan Africanism and decolonisation in relation to militarisation and militarism, and how they influence peace in Uganda and in the broader African context. The different episodes in this series suggest ways in which Uganda can balance the role of the military in operations other than war, such as development and security roles, while preserving democratic agendas and aspirations towards inclusivity, balanced civil military relations and sustainable peace in Uganda

Episode   Title and description of episodeGuest/Host
   Introduction   This is an introduction to the podcast series: HURIPECTALKS. It is made by the Director of HURIPEC and in it, he briefly describes HURIPEC’s history and mandate and how HURIPECTALKS serves as one of many platforms for the institution’s academic research, dissemination and advocacy mandate. Director, HURIPEC Dr. Kabumba Busingye
Episode 1:      DNA testing: In the case of militarisation of Uganda, who is the father?   The return of coups d’états in West Africa, has once again pushed militarism to the forefront of Africa’s politics, and here in Uganda, the discourse around the role of armies in the country’s social, political and economic landscape is gaining momentum. But as you discover in this episode, militarism is not new to our collective memory as a country. To start off this series, we ask ourselves where this phenomenon of militarism and militarisation came from and how it has come to define who we are as Ugandans. This episode explores the following key areas: the History of militarisation in Uganda; the conceptual scope of militarism and militarisation; contemporary manifestations of militarisation in Uganda; and a contextual understanding of militarisation in Uganda. It asks a critical question whether Uganda is a country with a military or a military with a country. It leaves this question unanswered to set an open dialogue for the rest of the series and for broader reflection by listeners.   Reference material: Jude, Kagoro. Militarisation in post 1986 Uganda: Politics, Military and Society Interpretation. 2015. Wæver, Ole. “Securitization and Desecuritization.” In On Security. Edited by Ronnie Lipschutz, 46–86. 1995.Guest: Mr. James Nkuubi  

Host: Dr. Sylvie Namwase      
Episode 2:    Battle of the law and the gun in Uganda: questioning the way forward   This episode unpacks the tensions between law and militarisation in Uganda. It explores the impact of military deployment in Uganda’s development sectors in the absence of functional institutional and civilian oversight. It also examines the phenomenon of “orders from above” and the impact this has on governance. Ultimately, the episode examines the relationship between the supremacy of the military versus the supremacy of the 1995 Constitution of the Republic of Uganda.   Reference material: Uganda v. Commissioner of Prisons, Ex Parte Michael Matovu [1966] 1 East Africa Law Reports 514.  Guest: Prof. Christopher Mbazira  

Host: Mr. James Nkuubi    
Episode 3:  Re-imagining Uganda’s future in the era of militarisation.   This episode explores how militarization and militarism are impacting citizens’ agency and accountability of state institutions in Uganda. The episode examines how these phenomena affect the various formations of citizens’ civic expression in Uganda, such as youth, ethnic nationalities, media, civil service, and many others. It also considers the question whether beyond militarisation the army has a role to play in civic spaces. Reference material: Rebecca, Tapscott.  Arbitrary states: social control and modern authoritarianism in Museveni’s Uganda. 2021.Guest: Dr. Godber Tumushabe

Host: Dr. Sylvie Namwase.    
Episode 4:    Gender and militarisation in Uganda: Do women have agency in militarised Uganda?   This episode examines how militarization and militarism impact gender dynamics in Uganda. It explores the roles women played in Uganda’s military and political history and interrogates whether these roles have translated into benefits for Ugandan women in today’s socio-economic and political context. The episode also explores how militarism and militarisation affect masculinities in Uganda.   Reference material: The Abuja Declaration on HIV/AIDS, Tuberculosis and other related infectious diseases. 2001.Sylvia, Tamale. Decolonisation and Afro-Feminism, 2020.Rosalind, E. Boyd. ‘Empowerment of women in Uganda: real or symbolic,’ Review of African Political Economy, 16:45-46, 106-117(1989). Guest: Dr. Zahara Nampewo  

Host: Dr. Sylvie Namwase
  Episode 5:    Military development Model? From combatants to Industrialists.   This episode examines the role of the military in the industrialization process underway in Uganda. It takes a specific focus on the National Enterprise Corporation (NEC) which is the commercial arm of the Ministry of Defence and the Uganda Peoples’ Defence Forces (UPDF).  It also explores the role of the UPDF in natural resource protection with respect to forestry, fisheries, minerals and wild life resources.   References: National Economic Corporation Act, 1989.  Report of the Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth of the Democratic Republic of the Congo (document S/2002/1146). https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/DRC%20S%202002%201146.pdfGuest: Mr. Ndebesa Mwabutsya  

Host: Mr. Jackson Odong
Episode 6:    Snake oil and smoke screens? revisiting Pan Africanism, decolonisation and militarisation   This episode explores Pan Africanism, decolonisation and militarisation in Uganda with a focus on the political economy of regional militarisation. The episode discusses the role of the Uganda People’s Defence Forces (UPDF) in Africa with regard to peacekeeping and stabilisation missions.  It also explores the role of global actors such as the United Nations, the European Union and the African Union and regional blocs such as the East African Community.Guest: Prof. Joshua B. Rubongoya

Host: Mr. Jackson Odong
Episode 7:    Is Uganda in a cycle of militarisation?   This concluding episode reflects on the entire series and analyses the political, social and economic landscape in the country to ask the critical question whether Uganda is repeating its history of militarism which led it down a path of political, social and economic turmoil. It explores aspects of citizen’s resistance, compromise and/or co-optation to militarisation.  It probes what type of citizen has emerged in Uganda over the course of a history marked by militarisation. It concludes with reflections on how Uganda might ensure peace even in the context of militarisation.    Reference material: Jimmy Spire Ssentongo. What I saw when I died. 2021.Jimmy Spire Ssentongo. Quarantined: my ordeal in Uganda’s Covid-19 isolation Centres. 2021. Jimmy Spire Ssentongo. Uncomfortable laughter. 2020.Jimmy Spire Ssentongo. Inquiry into withering heritage: the relevance of traditional Baganda approaches to sustainable environmental conservation today. 2012. http://ir.umu.ac.ug/xmlui/handle/20.500.12280/587Guest: Dr. Spire Ssentongo  

Host: Dr. Sylvie Namwase

About the Guests

Mr. James Nkuubi, practices Constitutional and human rights law and democratization in Africa through teaching, research, writing and strategic activism with particular focus on security sector reform, citizenry resilience and liberative politics in Africa. James also lends a great deal of his professional acumen and time to human rights initiatives and campaigns across Uganda. He has previously chaired the Civil and Political Rights Working Group under the Network for Public Interest Lawyers, based at the School of Law, Makerere University-using public interest litigation to counter, mitigate and combat social injustice, human rights and constitutional law transgressions by the State. James holds a Masters’ Degree in human rights and democratization in Africa from the Centre for Human Rights, University of Pretoria and currently an LLD student focusing on Militarization, peace and sustainable development, under a programme administered jointly at the Department of Political Science, Centre for Resolution of International Conflicts (CRIC), University of Copenhagen-Denmark and the Human Rights and Peace Center, School of Law, Makerere-University, Kampala-Uganda. James has published journal articles and book chapters on the subjects of militarization, electoral security, citizenry resistance to State-led militarism among others.

Dr. Christopher Mbazira is a Professor of Law at the School of Law, Makerere University. He is also the Coordinator of the Public Interest Law Clinic (PILAC) at the same School and a founding member of the Network of Public Interest Lawyers (NETPIL). He previously chaired of the Rule of Law Committee of the Uganda Law Society.  He was one of 9 academics who approached the Supreme Court of Uganda and were admitted as amici in the 2016 Presidential Election Petition. This has resulted into positive jurisprudence on the subject of Amicus Curae. Prof. Mbazira has written and spoken widely on the subject of socio-economic rights in the context of the judicial application of these rights as well as public interest litigation. Since 2018, Prof Mbazira has supported the National Planning Authority (NPA) in integrating the Human Rights Based Approach in the country’s development agenda. Prof Mbazira has consulted with international agencies, including the United Nations on human rights and governance matters. In 2021, Prof Mbazira won the Uganda Law Society Award for his distinguished service in legal education in Uganda. Prof Mbazira has been key in introducing the use of the clinical methodology of teaching the law and building a community of public interest lawyers in Uganda. Prof Mbazira holds an LLB from Makerere University, an LLM in Human Rights from the University of Pretoria and a PhD from the University of the Western Cape in South Africa. In 2015, Christopher was a co-recipient of the Vera Chirwa Award given by the Center for Human Rights, University of Pretoria, for his outstanding contribution in the promotion of socio-economic rights in Africa.

Mr. Godber W. Tumushabe is a lawyer, policy analyst, community organizer and social entrepreneur. He teaches international law, international and regional human rights, and environmental law. He is the founding Executive Director of Advocates Coalition for Development and Environment (2000-2013) and is currently Associate Director at the Great Lakes Institute for Strategic Studies (GLISS), a Kampala-based regional think tank. He holds a bachelor’s degree in law (LLB) and a Master of Laws Degree (LLM) from Makerere University, and a Juridical Science Master (JSM) Degree from Stanford Law School, Stanford University. He previously worked with the African Centre for Technology Studies in Kenya (1997-1999) where he directed Africa-wide projects on environmental governance. Godber Tumushabe has published widely on a wide range of domestic and international policy areas. He is co-author of Governing the Environment: Political Change and Natural Resources Management in Eastern and Southern Africa and Unlocking Africa’s Future: Biotechnology and Law.

Dr. Zahara Nampewo is a lawyer and human rights practitioner with over 20 years’ experience in the private, public and non – profit sectors. She has been with the School of Law at Makerere University since 2006. She is the Deputy Principal of the School of Law. Dr. Nampewo received her PhD from Emory University in the United States. Her PhD research focus followed a feminist socio-legal examination of law and culture on how women’s sexuality is articulated within the social domains of family and marriage. She holds a Master of Laws degree (International Human Rights) from the University of Nottingham in the United Kingdom and an advanced Diploma in Human Rights Protection from Abo Akademi University, Turku, Finland. She completed her Bar Course and acquired a Diploma in Legal Practice from the Law Development Centre in Uganda in 1999. She is an Advocate of the Courts of Judicature in Uganda. Dr. Nampewo’s areas of interest and expertise include human rights, health justice, gender and transitional justice. She teaches and practices in Health Law, International Humanitarian Law, Human Rights and Gender Law. Dr. Nampewo has published on a range of subjects including health and disability justice, gender and family law, sexuality, human rights and access to justice.

Mr. Ndebesa Mwambustya is a Political Analyst and former Senior Lecturer of History and Development Studies in the College of Humanities & Social Sciences (CHUSS), Makerere University.

Professor Joshua Rubongoya is anaccomplished liberal arts college Professor (Ph.D. University of Denver) with over 24 years of instructional and administrative expertise. Responsible for lectures, seminars, workshops and student trips to Africa for hands-on experiential learning. Served as Department Chairperson for 3 years in an academic department of 6 full-time and 4 adjunct professors and managed inter alia the Department budget, new faculty recruitment and curricula revisions in addition to liaising with the Academic Dean. Committed to research; authored Regime Hegemony in Museveni’s Uganda: Pax Musevenica, journal and newspaper articles/reviews and book chapters. Experience also includes consultancies for organizations such as the World Bank and Danida in several areas: political economy, democratic governance and party politics in Uganda. Also served as political analyst on Uganda TV including NTV and WBS.

Dr. Jimmy Spire Ssentongo is a Lecturer in the Department of Philosophy, Makerere University, where he has taught since 2011. Jimmy is a member of Makerere University Press Editorial Board, since 2018 and a Coordinator of Ethics in the Department. Previously, he was an Associate Professor of Ethics and Identity Studies at Uganda Martyrs University, where he variously served as Associate Dean of the Faculty of Arts and Social Sciences; Associate Dean in Charge of Research and Publication at the School of Postgraduate Studies and Research; and founding Chair of the Center for African Studies. Jimmy has edited two book volumes and widely published in peer-reviewed journals, book volumes, and monographs. With a strong belief that academics should be actively engaged in their communities, Jimmy has served as a Columnist and Editorial Cartoonist for the Observer Newspaper since 2006. In 2021, he won the national Janzi Award for Outstanding Cartoonist, and also nominated for Outstanding Non-Fiction Writer. He holds a Doctor of Philosophy (PhD) from the University for Humanistic Studies (Holland), and was a winner of the Commonwealth Scholarship for MSc in Education for Sustainability at London South Bank University where he won the Dean’s Award for Best Student on the programme. Most recently, Jimmy won a fellowship on the African Humanities Program (2019-2020) and was also a Visiting Research Fellow at the Centre for African Studies at the University of Cambridge (2019- 2020). He is a facilitator on the Friedrich Ebert Stiftung ‘Youth Leadership Programme’ on ‘Managing Diversity’ since 2017. He was recently appointed to the Board of the Cross-Cultural Foundation of Uganda and also serves as the current Chairman of the Board of Padre Pio Rural Development Initiative (PAPIRUDEI).

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Scholarship Opportunity: LLD Scholarship in climate policies on Charcoal Conflicts in Uganda & Tanzania

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The Human Rights and Peace Centre (HURIPEC), School of Law, Makerere University. Kampala Uganda, East Africa.

The Human Rights and Peace Centre (HURIPEC), School of Law, Makerere University invites excellent and motivated candidates for a doctoral position in climate policies and law. The position is part of the DANIDA funded research project titled: “Charcoal Conflict in Climate Change’s Decarbonisation Dilemmas: Knots of Livelihood, Nutrition, Communities, Gender, Migration and Energy in East Africa”. The successful applicant will join a vibrant international research environment and enrol at the School of Law, Makerere University. The studies are expected to begin on 1 November 2023. The scholarship position is for 4 years ending on 30th November 2027.

The Project “Charcoal Conflict in Climate Change’s Decarbonisation Dilemmas” explores the conflict potential in green transitions in Uganda and Tanzania, with a special attention to the ways charcoal is embedded in local communities and therefore tied up with food, health, gender, youth, migration, ethnic relations and the informal economy. Local level field work in select regions within the two countries is connected to on the one hand analyses of the political and legal frameworks in the two countries and on the other hand the global climate management regime, formal and informal, that increasingly puts low-emission countries under pressure of energy transitions.

The candidate selected for the advertised doctoral position will principally contribute to the project by developing her or his original analysis of Uganda and Tanzania’s legal and policy frameworks as they relate to the social and economic dynamics of charcoal under the terrain of relevant laws and polices mapped out by global climate regimes. This will happen in close collaboration with the research teams in Uganda, Tanzania and Denmark, which include: one other PhD from Tanzania, Post-Doctoral researchers and senior scholars from the three countries.

The project is a collaboration between three partners: The Human Rights and Peace Centre (HURIPEC) a semi-autonomous department under the School of Law at Makerere University in Kampala, Uganda; St. Augustine University of Tanzania (SAUT), a private University in Mwanza, Tanzania, contributing expertise in health, gender and peace studies; The Centre for Resolution of International Conflicts (CRIC) at the Department of Political Science, University of Copenhagen, a hub for peace and conflict research in Denmark.

Duties and Responsibilities

The Doctoral student is expected to:

  • Develop an independent research project for an LLD thesis that covers the local levels of the project (Uganda and Tanzania) in a way that productively supports the overarching project and the other sub-projects.
  • Participate actively in the development of the CHARCOAL CONFLICT project and its academic activities, including collaborating in refining the project design and methodology and further developing the theoretical framework
  • Prepare and participate in joint publications and workshops and help make an impact on the scholarly and public debate on global climate politics and (in)justice
  • Travel to Tanzania and Denmark for annual retreats, participate in field trips and possibly stay for some periods at partner universities.
  • Assist in carrying out administrative and coordination duties associated with the project, including interim reporting to DANIDA, co-organisation of workshops, the project website and initiating new initiatives.

Your Competencies and Opportunities

  • The applicant must be Ugandan and must have a Master of Laws (LLM) degree from a recognized university. Candidates who display knowledge of de-colonial and critical legal theory approaches to the field of study will have an added advantage. Applicants must be motivated, creative and mature and should display enthusiasm and good interpersonal and communication skills. They must display good knowledge of East Africa, its laws and policies especially as they relate to the social, economic and political dynamics of charcoal, renewable energy transitions and climate change in the region.

Other possible competences include:

  • A good grasp of relevant academic literature
  • Strong academic writing skills
  • The ability to work independently as well as collaborate with other members of a research team
  • An ability to work across disciplines and in an international context.

Scope of the Scholarship

The Scholarship will cover the following:

  1. Full Tuition fees for up to four years
  2. A generous monthly stipend for the duration of the doctoral studies.
  3. Research period of 3 months at CRIC in Denmark
  4. Full access to the Danish Library and other connected libraries.
  5. Extra and thorough supervisory research support from senior academics under the project at HURIPEC, SAUT & CRIC.

Other benefits:

  • Being part of an ambitious team that aims to produce high quality research with significant policy relevance.
  • The opportunity to develop an independent research agenda within the overall project.
  • Being part of a strong multidisciplinary research environment within Law, Sociology, International Relations and Conflict Research.
  • Get the opportunity to see typical Northern research agendas challenged by excellent scholars from East Africa and being part of this team.
  • Funding for participation on project relevant conferences.

Instructions for Application

Applicants should submit a 5 page concept note of their planned thesis exploring any of the project themes and objectives but with an emphasis on the social–economic impact of the legal and policy frameworks on charcoal in the clean energy transition discourses in both Uganda and Tanzania. The concept should include key questions, a theoretical framework, methodology and how the planned thesis will add to already existing research. The concept note should also comprise a preliminary bibliography and a preliminary study plan. All applications will be reviewed by an appraisal committee following which the successful applicants will appear before an expert panel for further assessment. The successful candidate will be asked to fulfil the admission requirements at Makerere University before submitting a full proposal.

Assessment Criteria

The following criteria will be followed when shortlisting candidates for assessment:

  1. Relevant qualifications and knowledge to the proposed area of study
  2. Research qualifications relevant to the overall research project.
  3. Quality and feasibility of the concept note
  4. Originality and creativity of the research concept.
  5. Significance of the research in respect to any of the following issues:
    • (i) The special need addressed in society / discipline.
    • (ii) Providing a solution to an existing problem
    • (iii) Improvement of a critical service
    • (iv) Proposal for alternative best practice or cost effectiveness
    • (v) Contribution to a strategic goal or global issue
  6. Performance (grades obtained) in graduate and post-graduate studies.

Concept notes together with the accompanying documents should be submitted electronically to the following E-mails: sylnamwase84@gmail.com copying busingye.kabumba@amugalu

The following are the required accompanying documents:

  1. A Cover Letter addressed to the HURIPEC Director, detailing your motivation and background for applying for the LLD programme.
  2. A work plan demonstrating ability to complete the LLD programme in less than or within four years.
  3. A CV including list of publications, where available.
  4. Recommendation from at least one senior academic in a recognised institution of higher learning.

The application must be submitted electronically. Deadline for applications is: 15th October 2023.

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New Books on Energy Law & Environmental Law in Uganda

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The Human Rights and Peace Centre, School of Law, Makerere University, Kampala Uganda

Professor Emmanuel B. Kasimbazi, a Professor of Law at School of Law, Makerere University has two new books published. The books are: Energy Law in Uganda; and Environmental Law in Uganda, 3rd Edition. Energy and environment are hot topics in the national discourse; therefore, one wouldn’t want to miss either of the two titles. Both books would be a resource to law students, practicing lawyers, policy makers, academicians, researchers, and investors.

  1. Energy Law in Uganda

Overview: Derived from the renowned multi-volume International Encyclopedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in Uganda. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law.

  1. Environmental Law in Uganda, 3rd Edition

Overview: Derived from the renowned multi-volume International Encyclopedia of Laws, this book provides ready access to legislation and practice concerning the environment in Uganda. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the sources and principals of environmental law, environmental legislation, and the role of public authorities.

See downloads for details of the two publications.

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