Federal Republic Research Articles

Authority of the International Court of Justice in Islamic Jurisprudence

This article explores how the authority of the International Court of Justice (ICJ) is perceived in fatwas on genocide and war crimes committed in Bosnia and Herzegovina during the 1992-1995 war. Sources include the ICJ’s judgement in Bosnia and Herzegovina v. the Federal Republic of Yugoslavia (Serbia and Montenegro); verdicts of the International Criminal Tribunal for the Former Yugoslavia; two fatwas from the Islamic Community in Bosnia and Herzegovina’s Council of Muftis on war crimes against the Bosniak populations of Srebrenica, Žepa, Prijedor and the Sana Valley; and preparatory materials written by expert groups that preceded the fatwas’ issuance. Despite initial criticism of the localisation of genocide in the ICJ’s judgement, the fatwas recognise its authority in cases that apply the Genocide Convention. The argumentation of these fatwas is based on the higher objectives of Islamic law (maqasid al-Sharia), in accordance with the role of Islamic normativity in a secular state.

Development of the City of Nikšić through the Planning Documentation of Croatian Architects

The task of this work is to present three key urban plans, courtesy of which the city of Nikšić developed during its modern history. After liberation from the Ottoman Empire in 1877, Nikšić received its first regulatory plan, prepared by the architect Josip Slade Šilović (1828-1911) in 1883. The city developed according to this plan until the Second World War. After the Second World War, Montenegro became part of the Socialist Federal Republic of Yugoslavia as a republic, and Nikšić became the city with the highest degree of urbanisation in that federation. This rapid urbanisation was directed by the second urban plan, carried out by the Urban Planning Institute of the Faculty of Architecture, Construction and Geodesy, Zagreb, in 1954-1958. The author of this plan was the professor and architect, Josip Seissel (1904-1987). The third urban plan of importance for the city was carried out by the Urban Planning Institute of Croatia, Zagreb, in 1984 and was adopted in 1986. This urban plan enabled a logical upgrade of the previous two plans. A result of these three urban plans by Croatian architects is Nikšić’s unique form and urban identity.

IX. Die Juristische Fakultät der Universität Heidelberg im ersten Nachkriegsjahrzehnt – Forschungen und Berichte aus dem öffentlichen Recht

Summary This article aims to shed light on how the resumption of research and teaching in public law at the Faculty of Law in Heidelberg developed after the collapse of National Socialist rule. In particular, the personnel, research and teaching are examined. Thus, the history of Heidelberg University will be further elaborated in a specific field of research. Furthermore, the article provides another small building block for an overall picture of post-war history at the 16 law faculties in the early Federal Republic. The end of National Socialist rule did not lead to a “Stunde Null”; rather, university operations were resumed with remarkable speed within the existing institutional structures. After the horrors of the Second World War, the Heidelberg law faculty set out to reconnect with the Weimar era. On the other hand, the emerging new legal system created points of contact for future-oriented research and teaching.

X. „Eycke von Repkow war kein Revolutionär“ – Festrede von Hilde Benjamin am 28. Juni 1959 im Eike-von-Repgow-Dorf Reppichau

Summary The village Reppichau in Sachsen-Anhalt, situated near the towns Dessau, Köthen and Aken (former principality of Anhalt), is closely connected with Eike von Repgow – the author of the most famous mediaeval German law book “Saxon Mirror” (Sachsenspiegel). The law book was written by him between 1220 and 1235. Based on this fact, representatives of science, politics and justice periodically organized in collaboration with the villagers anniversary celebrations, for example 1934 (700st year of the death of Eike von Repgow) and 1959 (800st year of the first documented mention of the village Reppichau). So it happened that the minister of justice of the German Democratic Republic (GDR), Hilde Benjamin (1902–1989), held a keynote speech in Reppichau on 28 June 1959. She was one of the leading representatives of the ruling Socialist Unity Party of Germany during the early years of the GDR. She became famous as a presiding judge in political show trials with court rulings including exceptionally harsh punishments up to the death penalty. This women, who was also known as “Red Hilde” or “Bloody Hilde”, used the opportunity of her speech in Reppichau in order to integrate Eike von Repgow, the Saxon Mirror and the villagers into the ruling ideology of the early GDR. Furthermore, she attacked the NATO in general and the Federal Republic of Germany in particular with propaganda phrases. The text of this speech, representing an interesting example of contemporary legal history, is edited here for the first time based on an original copy.

Criminal liability for state treason: domestic and foreign experience

The article examines the issue of criminal liability for state treason based on the domestic and foreign experience of certain countries. The conducted research allows us to conclude that the problem of state treason remains relevant in a number of foreign countries as well. However, for Ukraine, since the beginning of its modern formation as an independent state, amidst the ongoing war by the Russian Federation against Ukraine, and especially in the conditions of its full-scale invasion of Ukraine, the issue of state treason and the establishment of proper criminal responsibility for committing such a crime has become extremely acute. Consideration of the issue of normative-legal regulation of criminal liability for state treason in Ukraine and certain foreign countries, such as the United States of America, the Federal Republic of Germany, the United Kingdom, Canada, Denmark, France, Sweden, Estonia, Lithuania, Latvia, Belgium, Spain, and Georgia, allows for further exploration of the effective counteraction to this crime. Attention is drawn to the fact that in the criminal legislation of some countries, unlike Ukraine, there are No. special grounds for exemption from criminal liability for state treason. In these cases, the legislator is either strict towards individuals who commit the respective crime or there is a possibility that exempting individuals from criminal responsibility may create a sense of impunity. In order to avoid problematic issues in the application of Article 111 of the Criminal Code of Ukraine in practice and taking into account the existing real threats to the sovereignty, territorial integrity, inviolability, defense capability, state, economic, or information security of Ukraine, it is proposed to consider the possibility of expanding the objective side of state treason at the legislative level, namely the list of forms in which it can manifest and the list of subjects of state treason.

FUQAROLIK SUD ISHLARINI YURITISHDA ADVOKAT ISHTIROKINING PROTSESSUAL JIHATLARI

This article highlights the role of the representative institution and the lawyer in civil proceedings in our country. The specifics of representation are described in terms of legal representation, contractual (voluntary) representation, representation of legal entities, representation of trade unions, and other public organizations. Thus, the lawyer has special rights of the plaintiff and the defendant: full or partial waiver of claims, change the basis or subject of the claim, increase or decrease the amount of the claim, recognition of the plaintiff’s claims, the conclusion of a settlement agreement. contract, to transfer authority to another person (entrust another person), to have the right to file an appeal against the decision (judgment) of the court, to issue a writ of execution for recovery, to receive the recovered property or money—the exact order of these actions is described in the article. The article analyzes the procedure for exercising the special powers of lawyers, provided by the decision of the Plenum of the Supreme Court of the Republic of Uzbekistan “On the application of the rules of civil procedural legislation on representation in courts.” Also, foreign experience, such as the practice of Düsseldorf and Munich, which are the rules of confidentiality of information in the procedural legislation of the Federal Republic of Germany, has been studied.

Preliminary Investigation on the Thermodynamic Evaluation and Phase Evolution of Soda Ash-Assisted Roast Treatment of Alluvial Columbite for Recovery of Niobium and Tantalum

AbstractAlkaline roasting of a low-grade alluvial silica-based columbite bearing mineral from the Rayfield–Jos deposits (located in South Jos, Plateau state, Federal Republic of Nigeria) was conducted with specific emphasis on the evaluation of thermodynamic reactions as well as the mineral phase evolution during the extraction of Nb and Ta. An isothermal roasting procedure was investigated in order to understand the effects of different soda ash to sample mass ratios as well as the roasting temperatures on the measure or rate of the recoveries of Nb and Ta complexes. Thus, the feasibility rate of a successful alluvial columbite mineral roasting was determined to be influenced by certain optimal process conditions or optimum values of the study parameters, such as alkali to sample mass ratio and, more essentially, the roasting temperature. Therefore, the thermodynamic feasibility of the alkali-carbothermic roasting procedure was also investigated and the resulting chemical reactions were evaluated using the HSC chemistry 9.0 software. Premised on this, the results obtained as well as the thermodynamic data realized from the study demonstrated the feasibility of successful dissolutions of Nb and Ta into a pregnant leached-liquor stream (PLS), without the use of the conventional harmful, hazardous, toxic, and environmentally unfriendly hydrofluoric (HF) acid.

The Problems of National Identity in Contemporary Germany in an International Context

The article analyzes the influence of the current international situation on the concept of German identity. The main elements that form the basis of contemporary German self-consciousness are identified. The author explores the relationship between the regional, national, and supranational components of German self-identification, examining the persistent mental “divide” between the new (former GDR) and the old lands (West Germany). Special attention is paid to the challenges posed for the Federal Republic of Germany in terms of historical discourse and memorial practices by the influx of migrants from the Middle East and North Africa. The role of the 2023 Palestine-Israel escalation in the transformation of the national narrative is separately examined. The article also evaluated the conflict around Ukraine as a factor in strengthening the European dimension of German identity.Among the key methods used by the author are content analysis of speeches by German officials, analysis of legislation and media. In addition, logical, chronological, and comparative-historical methods were applied. All this in aggregate led to the following conclusions. The Federal Republic of Germany is undergoing a systemic and multidimensional identity crisis. The main challenge is finding a balance between historical responsibility, transatlantic commitments, and national interests. The goal of the German establishment is to formulate a new national idea, which includes defining the role and place of Germany in the world, forming a value consensus regarding migrants, and overcoming the alienation between the east and west of the country. However, in the post-1990 world order, such a large-scale task remains rather impossible for the current elites.

Državni planovi i republički programi: Prilog razmatranju političke ekonomije jugoslavenskog socijalizma u periodu decentralizacije (1965-1983)

This paper aims to illustrate the constant quest of the leadership of the Socialist Federal Republic of Yugoslavia (SFRY) for an effective economic policy after 1965 and to provide an answer, among other things, to the question of how much the projected economic decentralization due to reform measures contributed to overall socio-political dispersion. Faced with serious financial and economic challenges, the state leadership sought to find a model that would keep them on ideologically defined tracks while also allowing for breadth and integration into global economic currents. In these efforts, the general geopolitical position of Yugoslavia as a country that remained “somewhere in between” by the agreement of major powers after Second World War was reflected, thus best illustrating the historical destiny of the entire Balkan Peninsula, especially the area predominantly inhabited by South Slavs. To explain the topic as a materialized concept and to question it in this way, works of authors who dealt with the political economy of Yugoslavia as both creators and critics were used. Using the example of the implementation of autonomous economic policy by the Bosnian-Herzegovinian political elite during this period, the aim is to open up space for critical thinking about the actual possibilities and roles of the republics, and to try to discern whether they could truly be fully independent in their economic programs. Although Bosnia and Herzegovina experienced economic momentum alongside overall social transformation during this period, the actions of its political leadership did not always encompass all economic flows of the republic through their actions and planning. This is most vividly evidenced by well-known examples of economic manipulation behind which central authorities (so-called “guardians and executors of the revolution”) stood, and which were subsequently abused before and during the disappearance of the common state. In this regard, an overview of the development of the idea of self-management by Yugoslav ideologues is provided, the phases of ideological development are presented, as well as the difficulties faced by the concept itself, and the independent political course of the Bosnian-Herzegovinian political leadership, or the overall socio-political context in which “independence” began to be practiced. Specifically concerning the position of the Bosnian-Herzegovinian political elite towards reforms, a quite interesting detail was noticed. Namely, although a high level of decentralization was achieved through constitutional amendments (1968-1971) and clearly defined separate republican markets, decisions were made differently at the level of the Federation, i.e., in its remaining functions. By outvoting. Taking this into account, a conclusion naturally emerged and set the development of the self-management economic system between the utopian aspirations of ideologues and the realpolitik actions of party and military hawks, which then created significant cracks within the system and favored the emergence of gray areas whose existence partly generated the great economic crisis during the 1980s.

Period neizvjesnosti i nesigurnosti: Pravni i politički status Kosova u periodu od 1989. do 1991. godine

This research holds great significance not only for the Albanians of Kosovo in the former Yugoslavia but also for the entire Balkan region during a highly important historical period between 1989 and 1991. It gives a succinct history of Kosovo, detailing Serbia's legal persecution and the nonviolent protests of the Albanians. This research combines a variety of official documents, local and worldwide literature, as well as international actions and judgments, using an analytical approach to the sources to create a thorough comprehension of the events and their causes. During the late 1980s and early 1990s, the Serbian state undertook a series of constitutional and legal changes that resulted in the limitation of Kosovo's autonomy. These restrictive changes caused a series of peaceful civil and political reactions from the Albanian population in Kosovo. Conscious of their position, the Albanians of Kosovo strive to assert their rights and preserve their cultural identity. This research aims to describe the constitutional and legal acts of the Serbian state as well as the political and civic responses of the Albanians in Kosovo. The study examines the cause-and-effect link between the oppressive acts of the Serbian government (cause) and the responses of the Albanian community (effect), illuminating the intricate dynamics that molded the course of the area. The research attempts to provide a nuanced and comprehensive view of the period of political and legal uncertainty by evaluating these changes within the specified timeframe. The methodology used in this research is based on material analysis, employing descriptive, historical, and analytical methods. The expected results of this research emphasize the challenges that Kosovo faces in the context of political and legal insecurity. The research highlights human rights violations, socio-political struggles, and efforts to preserve the identity of the Albanian community. The study also shows the reactions of the international community to these events and the impact of external actors on the situation in Kosovo. In conclusion, this research presents the answers to the research questions or hypotheses. It also explains why the years between 1989-1991 were a period that led to the beginning of an end for the system of the former Yugoslavia. It is evident that these years marked a critical and significant turning point in the disintegration of the former Yugoslavia. The legal repressions and political turmoil experienced by Kosovo during this period were decisive in the dissolution of the so-called Socialist Federal Republic of Yugoslavia (SFRY). Understanding the events between the years 1989 and 1991 is crucial from a future analytical standpoint to comprehend the larger historical framework of Kosovo and the Balkans since these events had an impact on the neighboring nations as well. By concentrating on this significant time period, which had a significant influence on Kosovo's history and its road to liberation and independence, this research seeks to add to scholarly discourse. Recognizing the struggles and resiliency of the Albanian community over these years might provide important lessons for tackling problems and boosting stability in the area as Kosovo develops and moves forward.

Žepa- The UN „Safe Zone"

Cyclically for several centuries in Bosnia and Herzegovina, there have been carried out crimes against humanity, serious violations of the Geneve Conventions and violations of the laws and customs of war and other crimes aginst the protected persons and social groups. Crimes are usually committed during armed conflicts. The mass crimes committed in Bosnia and Herzegovina in the previous two centuries were primarily determined by the ideologies of territorial nationalism and the projects for their realisations by the neighbouring Croatia and Serbia. Additionally, in the armed conflict in Bosnia and Herzegovina in the period 1992-1995 numerous crimes against humanity, serious violations of the Geneva Conventios, violations of the laws and costums of war and other crimes against protected objects, in its individual and mass nature, were also committed including the most serious crime that humanity has experienced since its inception- the crime of genocide. The Serbian-Montenegrin aggressor committed numerous forms of crimes against humanity and international law in all occupied towns and cities of the internationally regonised state and and a member of the United Nations (UN). The attacks on the area of the municipality of Rogatica whach are the subject of this research are considered to be the pattern which the aggressor (Federal Republic of Yugoslavia) and its collaborators (Bosnian Serbs) used in order to completely exterminate Bosniaks from the territory of the Republic of Bosnia and Herzegovina which they intended to occupy militarily. The intention and method of committing Serbian crimes in the area of Podrinje, which also included the municipality of Rogatica, during the Greater Serbian aggression in 1992-1995 are the same as the chetnik crimes against the Bosniak population during the World War II. Zepa, the largest of the ten local communities in the municipality of Rogatica, became a small Bosnian enclave during the aggression against the Republic of Bosnia and Herzegovina that resisted the attacks and blows of a far superior enemy until the middle of 1995. Resolution No.824 declaring Zepa a „safe zone” of the United Nations was adopted on May 6, 1993 by the UN Security Council. The aggressor continued the coordinated and systematic „cleansing” of the Bosniak population from that area consciously ignoring the fact that Zepa was declared a „safe zone” by the UN. The attacks on the Bosniaks of Zepa were not of different character compared to the attacks on other areas of the Republic of Bosnia and Herzegovina, especially Podrinje. Attacks on Bosniaks as an ethnic, national, national and religious group as a whole, and therefore those from the area of Zepa, were an integral part of the Greater Serbian ideology, policy and practice of creating the so-called Great Serbia. This research aims to shed light on the importance and status of the UN „safe zone”, the attitude of the international community towards the aggressor and the victims, the aggressor's activities up to the complete occupation of this „safe zone” and the crimes committed against Bosniaks.

The Role of the Supreme Defense Council of the Federal Republic of Yugoslavia in the Aggression against the Republic of Bosnia and Herzegovina

In this paper, we analyze the role and activities of the Supreme Defense Council (SDC) of the Federal Republic of Yugoslavia (FRY) according to the Constitution of FRY from 1992. The decision to establish the FRY, encompassing Serbia and Montenegro, as well as the provinces of Kosovo and Vojvodina, represented a continuation of the political and territorial restructuring of the former Socialist Federal Republic of Yugoslavia (SFRJ), as well as a basis for further military and political actions aimed at realizing expansionist project. Through the establishment of the SDC and its role in managing the military, especially during the period of aggression, it is evident how political decisions directly influenced military operations, as well as the international position and sanctions that followed in response to the aggressive policy of the FRY. SDC sessions were important for making decisions on military issues, including the appointment, promotion, and dismissal of officers, as well as decisions on military activities. Analysis of SDC session transcripts reveals details about FRY's military involvement in Bosnia and Herzegovina and the formation of the so-called Army of Republika Srpska (VRS). SDC members, the President of FRY, and the Presidents of Serbia and Montenegro, along with other attendees including the Minister of Defense and the Chief of the General Staff of the Yugoslav Army (VJ), actively participated in military matters and decision-making. This paper also explores the role of FRY in the wars in the former Yugoslavia during the early 1990s, with a particular focus on its relationship with the self-proclaimed Republika Srpska (RS) and participation in the aggression against the Republic of Bosnia and Herzegovina. Through the lens of logistical, military, and comprehensive support provided by FRY, including attempts to conceal the involvement of military personnel through the 30th Personnel Center, we shed light on its direct involvement in military operations that had a decisive impact on the course of the war. Despite efforts to conceal the role of FRY and its structures in the aggression against the Republic of Bosnia and Herzegovina, documents and SDC transcripts reveal enough evidence confirming FRY's crucial role in the preparation, support, and execution of aggression against the Republic of Bosnia and Herzegovina through RS. The SDC organized and supported activities aimed at supporting the VRS and other military formations, often with a conspiratorial approach. Discussions at SDC sessions covered funding for the VRS, logistics, organization of soldier training, and defense strategy. Military operations, as well as political and military relations within Bosnia and Herzegovina, were particularly analyzed. „Controversial topics“ such as arming the population in Serbia and crimes committed against Bosniaks in Sandžak and Bosnia and Herzegovina were also discussed at the sessions. Relations with the political leaderships of RS and the Republic of Serbian Krajina (RSK), as well as reactions to losses and defeats, were also important topics at SDC sessions. The sessions also included analysis of political and military events and presentations of the views of FRY President Slobodan Milošević on peace negotiations, military operations, and territorial goals achieved. SDC transcripts provide insight into Slobodan Milošević's acknowledgment of the involvement of the State Security Service (SDB) in the formation, arming, and support of „paramilitary units“ sent to Croatia and Bosnia and Herzegovina. In addition to the direct involvement of VJ in the aggression, plans for joint military operations were extensively documented, aiming to create a „united state of the Serbian people“. Key figures, such as Ratko Mladić, who were in VRS, remained members of VJ even after the aggression. The SDC continued to exist until 2001 but lost its significance compared to the period from its establishment to the end of 1995.

The Risks of Bail in Brazil: The Figure of the Guarantor from the Perspective of the Brazilian Supreme Court in Cases Involving Family Property

The purpose of this article is to examine the legal and jurisprudential treatment of guarantors of rental contracts of a residential and commercial nature. The examination of the legal effects arising from the decision to act as guarantor is also sought. To this end, it is mentioned that there is, within the framework of normative infrakonstitutional, express command of safeguarding the family good, institute whose bias is the preservation of the fundamental right to housing, human and social right, positivized in article 6 of the Constitution of the Federal Republic of Brazil. This legal backing derives from the intrinsic relationship between adequate housing and the right to life and the dignity of the human person. On the other hand, it has to be said that the legislation itself which makes the debtor's property unbinding, excludes the guarantor. And, since the bail is a personal guarantee, as a rule, provided free of charge, there is a profound divergence of understanding among the members of the highest court in Brazil about the constitutionality of the seizure of family property of the tenant of the lease contract.

:German Angst: Fear and Democracy in the Federal Republic of Germany

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TBE In Germany

The beginning of research on TBE in Germany was influenced and inspired by the results and developments of TBE research in the former Czechoslovakia. There, TBE virus was detected in the Czechoslovak Republic in 1948. In Germany, the first evidence of the presence of TBE virus was found by Sinnecker and his group in the former German Democratic Republic (GDR).1 The first virus strains were isolated also by Sinnecker’s group in the early 1960s.2 In the former Federal Republic of Germany (FRG) TBE research started with research on TBE virus in the region of Franconia by Scheid and Ackermann.3,4 In the region of Lower Franconia a virus was isolated which was called “Zimmern Virus” after the location of the isolation.5 Unfortunately, all these virus strains were lost but it can be assumed that they all belonged to the Western (European) subtype of TBE virus.

Demonstration of participation in the German balancing power market using a large‐capacity hybrid battery storage system

AbstractAs one of NEDO's international demonstration projects, a large‐capacity hybrid battery storage system which consists of two types of battery cells with different charge‐discharge characteristics was constructed in the state of Lower Saxony in the Federal Republic of Germany. By using the hybrid battery system has a lithium‐ion which has an advantage in short time and high rate, and a sodium‐sulfur battery (NAS) which has an advantage in long time and low rate, the tender participation in the balancing power market in Germany had been executed. The hybrid battery storage system could successfully drive and provided services for primary and secondary control reserves, elimination of power imbalance, and reactive power injection, as well as a combination of these services.

A multimodal aftercare intervention improves the outcome after kidney transplantation – results of the KTx360° aftercare program using claims data

The after-care treatment project KTx360° aimed to reduce graft failure and mortality after kidney transplantation (KTx). The study was conducted in the study centers Hannover, Erlangen and Hannoversch Muenden from May 2017 to October 2020 under the trial registration ISRCTN29416382. The program provided a multimodal aftercare program including specialized case management, telemedicine support, psychological and exercise assessments, and interventions. For the analysis of graft failure, which was defined as death, re-transplantation or start of long-term dialysis, we used longitudinal claims data from participating statutory health insurances (SHI) which enabled us to compare participants with controls. To balance covariate distributions between these nonrandomized groups we used propensity score methodology, in particular the inverse probability of treatment weighting (IPTW) approach. In total, 930 adult participants were recruited at three different transplant centres in Germany, of whom 320 were incident (enrolled within the first year after KTx) and 610 prevalent (enrolled >1 year after KTx) patients. Due to differences in the availability of the claims data, the claims data of 411 participants and 418 controls could be used for the analyses. In the prevalent group we detected a significantly lower risk for graft failure in the study participants compared to the matched controls (HR=0.13, 95% CI=0.04-0.39, p=0.005, n=389 observations), whereas this difference could not be detected in the incident group (HR=0.92, 95% CI=0.54-1.56, p=0.837, n=440 observations). Our findings suggest that a multimodal and multidisciplinary aftercare intervention can significantly improve outcome after KTx, specifically in patients later after KTx. For evaluation of effects on these outcome parameters in patients enrolled within the first year after transplantation longer observation times are necessary. The study was funded by the Global Innovation fund of the Joint Federal Committee of the Federal Republic of Germany, grant number 01NVF16009.

Mineral extraction and governance in the Nigerian Mining Industry: An examination of regulatory conflicts amongst Nigeria’s three tiers of government

Nigeria’s abundant mineral potentials can be harnessed to significantly contribute to her socio-economic development if the regulatory framework of the Nigerian Mining Industry (NMI) is properly articulated and implemented, devoid of the regulatory conflicts that have been observed amongst various regulatory and government entities. This article analyses a 2019 – 2020 study undertaken by the Ministry of Mines and Steel development in the Federal Capital Territory and 17 out of the 36 States of the Federal Republic of Nigeria which exposed mining sector-related regulatory conflicts amongst the Federal, State and Local Governments and their Ministries, Departments, and Agencies (MDAs). The study also revealed that, despite certain extant Constitutional and statutory instruments vesting the control of minerals and mining activities on the Federal Government and its Ministry of Mines and Steel Development, the implementation of other national and subnational statutory instruments has generated regulatory conflicts and controversial interferences in the governance of mineral resources in the country. This development has led to adverse political and socio-economic implications and outcomes. Thus, after an in-depth consideration of these regulatory conflicts and its implications, the article recommends, among other salient solutions, the amendment and/or repeal of all applicable mining statutes and regulations to remove these regulatory conflicts, and this will better position the NMI on the path to restoration and ultimately surpassing its glorious past.

The Concept of Environmental Justice in the Nigeria Legal System

Environmental justice is a progressively advancing subject, social movement and practice, which requires fair treatment and meaningful involvement of all humans, regardless of sex, age, class, income, race, colour or nationality. Environmental Justice is geared towards the development, management, implementation and enforcement of plans, policies, laws and regulatory practices, towards the protection and management of the environment in the course of socio-economic development programmes, including projects. It also requires equitable distribution of benefits and thus indiscriminate exposure of all to environmental good and harm. It is an advancing social movement that advocates a healthy and eco-balanced environment, towards human’s wellbeing, sustainable communities and all-embracing sustainable development in the overall interest of society within the Planet (Mother Earth). The aim of the study is to examine the effectiveness of environmental Justice in Nigeria, with the view to ascertain if justice is actually done to victims of environmental degradation in Nigeria. The study found that there is need for courts to give wider interpretation to existing relevant fundamental rights to secure a healthy environment. Flowing from the above finding, the study recommends that Section 20 of the 1999 Constitution of the Federal Republic of Nigeria should be amended to recognize the environment as legal personality with the citizens as its trustees. The study has shown that there should be an interdisciplinary collaboration among researchers, policymakers, activist and civil society organization, who will work on environmental justice issues in Nigeria in fostering dialogue, sharing best practices and mobilizing collective actions, thereby enabling victims of environmental hazards get justice they deserve.

Sustainable Development and National Integration: A Catalyst for Enhancing Environmental Law Compliance in Nigeria

This study delves into the pivotal roles played by sustainable development and national integration in advancing legal compliance, environmental protection, and sustainability within Nigeria. Employing a doctrinal and conceptual legal research approach, it meticulously examines pertinent literature, international exemplars, and conducts an exhaustive analysis of primary and secondary legal sources, including the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Climate Change Act of 2021, and relevant international instruments. An effort has been made to examine extant sustainable development practices, presenting an encompassing snapshot of the nation’s legal, environmental, and sustainability apprehensions, while also addressing the attendant challenges. Moreover, it undertakes a comprehensive evaluation of Nigeria’s prevailing legal framework concerning environmental protection, delving into its potential for long-term sustainability. The findings resoundingly underscore the potency of sustainable development as a strategic avenue for achieving legal compliance, environmental protection, and enduring sustainability. Importantly, the study unveils that the Sustainable Development Goals (SDGs) find manifestation within Chapter II of the Constitution, albeit in a non-justiciable form, thereby impeding the stride toward their attainment. Nevertheless, it accentuates the necessity for an approach that meticulously factors in Nigeria’s distinctive context and specific requisites, thereby fostering effectiveness through national integration, policy execution, effective communication, and collaborative synergy across stakeholders within both the public and private domains. Essential to the realization of SDGs’ objectives is a synergistic collaboration amongst the government, academia, and non-governmental organizations. This study illuminates the latent potential of sustainable development and national integration as efficacious strategies for propelling legal compliance, environmental protection, and sustainability. It proffers a recommendation for the assimilation of innovative paradigms that have proven successful in mitigating environmental degradation elsewhere. Ultimately, the study ardently advocates for comprehensive overhauls to systematically address Nigeria’s complex entanglements encompassing legality, environment, and sustainability. Furthermore, the study ardently champions the elimination of the provision stipulated in section 6(6)(c) of the 1999 Constitution as a crucial step towards realizing the SDGs’ objectives within Nigeria.