Rahul Ranjan

The International Law and the Russian – Ukraine Conflict Resolution

This paper examines a summary of the historical ground of the Russian and Ukraine War along with basic principles of international law in dispute resolution. The paper classifies the basic principles of international law as including the principle of non-use of force; the principle of the territorial integrity of the state; the principle of peaceful […]

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Voluntariness of Mediation – The Mediator’s Perspective

Mediation is a process where parties meet with a mutually selected impartial and neutral person who facilitates the resolution of their dispute, with the aim of arriving at a self-determined outcome. The voluntary characteristic of the mediation process requires all sides to agree to mediate and have an equal stake in resolving the dispute. The

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The Application of Good Faith Principle in World Trade Organization’s (WTO) Dispute Settlement

The World Trade Organization (WTO) is the only international organization with a global vocation that deals with the rules governing trade between countries. At the heart of the Organization are the WTO Agreements negotiated and ratified by members. The main aim is to promote predictability in free flow of goods and services with legal guarantees

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Mediating Indigenous Disputes: Lessons from Africa and Canada

Mediation is not novel to indigenous peoples in Africa and Canada. It has been in existence long before codified regulation of mediation.[i] For instance, the ancient Yoruba peoples of Nigeria have been known to mediate street fights, trade and communal disputes long before the emergence of formal courts and institutional mediation.[ii] Indigenous mediation in Africa

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Online Dispute Resolution: Its Scope and Effectiveness in E-Commerce

In current times the majority of transactions take place in digital spaces. These days, everything can be bought online, from books to apartments. Nevertheless, there would inevitably be a rise in e-commerce conflicts as e-commerce transactions expand. However, the absence of an effective dispute resolution process in cyberspace would hinder the growth of electronic commerce. Therefore, it

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The Farmer-Grazier Conflict: The Case Study of Mpundo-Balong Village in Muyuka Sub-Division

The Farmer-Grazier Conflict is a perennial challenge in most African Communities, especially in sub-saharan African countries. In most sub-Saharan African countries, the farmers and graziers cohabit side by side and there’s no clear and distinct boundary between farmland and grazing land. This is the case in Mpundu-Balong village. A land that was used for grazing

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Challenges of Implementing Arbitration Agreements in Tanzania: A Comprehensive Review

The application of arbitration agreements has increased with the growth of commercial interactions worldwide. There are debates on its application. One side allows the application of arbitration agreement because it reduces the burden to the court of law to resolve the disputes. The other side restricts its application to protect the weaker parties in society.

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Settlement Of Biopiracy Disputes: Is The WTO An Eligible Forum?

In 2001, the World Intellectual Property Organization Intergovernmental Committee (WIPO IGC) set out to create an international legislature for the regulation of traditional knowledge and genetic resources (TKaGR). More than two decades later, the legislative process is still inconclusive. One of the most significant indigenous problems this law would have addressed, is the scourge of

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An Evaluation of the Pro-Bono Culture and Interface of Legal Aid in the Nigerian Legal System

Speaking of lawyers and their duty to the society cannot be a complete communiqué if the concept “pro-bono publico” is not endured. Over the years, the Nigerian legal system has been hesitant to enacting a legal framework specifically mandating or encouraging lawyers to render pro-bono services, invariably making it a duty at will. Although, behind

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