Browsing by Author "Majamba, Hamudi I."
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Item 8. An Appraisal of the Legal Framework for the Management and Conservation of Tanzania's Wetlands(Uongozi Journal of Management Development, 2003) Majamba, Hamudi I.This paper examines Tanzania’s legal framework for the conservation and management of wetlands. Its underlying thesis is that the existing laws do not echo the obligations of the Ramsar Convention to which the government has acceded. The paper argues that wetland conservation and management has basically not risen on the list of priorities of the natural resources conservation and management legal framework. It recommends that there is a need to develop a comprehensive law to deal with wetland conservation and management.Item An Appraisal of Tanzania’s Legislative Framework on Environment in the Context of REDD+ Safeguards(2012-10) Majamba, Hamudi I.The degradation of the world's forests which contributes significantly to emissions from forest ecosystems has raised alarm due to its role in global warming. To address the concern, the concept of Reducing Emissions from Deforestations and forest Degradation (REDD)** was designed as a world wide scheme, aimed at reimbursing countries for protecting their forests and reducing emissions of greenhouse pollutants, especially carbon dioxide. Under the scheme, developed countries seek to purchase carbon credits from developing countries' concerted efforts in conserving and managing forests in their jurisdictions.Item An Assessment of the Framework Environmental Law of Tanzania Zanzibar(Law Environment and Development Journal, 2005) Majamba, Hamudi I.In order to fully comprehend the application of the corpus of laws in Tanzania in general, and the legislation regulating environmental conservation and management in particular, it is important to highlight some of the important events of country's history. Our brief narrative commences at the point when German claimed direct control and administration of territory knoen as Tanganyika from the Germany East African company. The control of the terrotory was handed over to Britain under the League of nations mandate after the defeat of the Germany in World War I. After World War II, Tanganyika became a UN Trust territory under British control being granted independence by Britain in 1961. A year later it became a Republic.Item Content and Structure of Constitutions(2011) Majamba, Hamudi I.Item The Court: Hierarchy and Jurisdiction(Mkuki na Nyota Publishers, 2004-11) Majamba, Hamudi I.Item Crime and Punishment(Mkuki na Nyota Publishers, 2004-11) Majamba, Hamudi I.Item Criminal and Civil Trial(Mkuki na Nyota Publishers, 2004-11) Majamba, Hamudi I.Item Decentralization of Natural Resources Management: Reflections on the Constitution of the United Republic of Tanzania(2012) Majamba, Hamudi I.This article aims to provide input into the ongoing deliberations on the enactment on a new Constitution of the United Republic of Tanzania, to replace the existing one that was enacted in 1977. Its main objectives are two-folds: First is to inform stakeholders and raise their awareness on aspects of relationship between decentralization of natural resources management and constitution to enable them to contribute effectively in ongoing constitutional law making process and related discussions. Second is establish a foundation upon which the legal basis for the entrenchment of provisions on decentralization of natural resources management could be adequately addressed in the Constitution of the United Republic of Tanzania. The paper is confined to mainland Tanzania. It does not address Zanzibar , which would require a separate study given the nature of the union and the complexity surrounding the natural resources management in each part of the Union.Item Decentralization of Natural Resources Management: Reflections on the Constitution of the United Republic of Tanzania(Orient Journal of Law and Social Sciences, 2012-10) Majamba, Hamudi I.This article aims to provide input into the ongoing deliberations on the enactment on a new Constitution of the United Republic of Tanzania, to replace the existing one that was enacted in 1977. Its main objectives are two-folds: First is to inform stakeholders and raise their awareness on aspects of relationship between decentralization of natural resources management and constitution to enable them to contribute effectively in ongoing constitutional law making process and related discussions. Second is establish a foundation upon which the legal basis for the entrenchment of provisions on decentralization of natural resources management could be adequately addressed in the Constitution of the United Republic of Tanzania. The paper is confined to mainland Tanzania. It does not address Zanzibar , which would require a separate study given the nature of the union and the complexity surrounding the natural resources management in each part of the Union.Item Environment & Natural Resources Law(Mkuki na Nyota Publishers, 2004) Majamba, Hamudi I.Item Environmental Protection Within the Framework of the East African Community: Lessons for Constitutional Reforms in Tanzania(University of Dar es Salaam Press, 2013) Majamba, Hamudi I.Item Environmental Rights Jurisprudence in Tanzania: A Review of Judicial Precedents(2001) Majamba, Hamudi I.Item Ideological Inclinations in Postgraduate Dissertations: Trends in Five Decades at the Faculty of Law(2011) Majamba, Hamudi I.; Majamba, Hamudi I.A number of authorities have explored issues relating to relationship between supervisors and students in the course of supervisions of dissertations at the undergraduate and graduate levels in institutions of higher learning generally. The exploration has covered diverse and topical issues ranging from transforming the quality of research supervisions to the challenges encountered in interpreting the roles, responsibilities, and limits in the supervisor-supervisee relationship.Item Implementation and Enforcement of the Convention on International Trade in Endangered Species of Fauna and Flora in Tanzania(Eastern African Law Review,, 2013-12) Majamba, Hamudi I..The genesis of the Convention on International Trade in Endangered Species of Wild Fauna and Flora 1 (popularly referred to as “the CITES”) is traceable in the early 1960’s when rampant trade in endangered wild animal species and their products was at its peak. Noting the imminent danger facing humankind and the animal kingdom, due to the accelerated pace of wildlife carnage, the International Union for the Conservation of Nature (IUCN) summoned governments in 1963 with a view to deliberating measures to control and regulate the export, transit and importation of rare and endangered wild animal species. 2 Further to the IUCN initiative, the United Nations Conference on the Human Environment recommended that a special conference of Parties be convened in order to adopt a Convention whose implementation would effectively control and regulate international trade in certain specified species of wild animals and plantsItem Implementing the Ramsar Convention in Tanzania: Salient Features of Legislation and Policies for the Management and Conservation of Wetlands(Eastern African Law Journal, 2004) Majamba, Hamudi I.Wetlands are basically units of landscapes that occur in different kinds of locations and may have a presence of static or flowing water. They are known by different names throughout the world. They are in essence water-based ecosystems at the interface between aquatic and terrestrial habitats and support a wide variety of plant and animal life. Wetlands, therefore, comprise of places where water, soil and air, among other things, interact to produce wetland vegetation at a depth that usually does not exceed six meters. 1 They may comprise of areas of marsh, streams, lakes, rivers, swamps, flood plains, ponds, mangroves, deltas and estuaries and are important natural resources that support components of the hydrological cycle in breeding, rearing and feeding habitats for diverse species of fauna and floraItem Integrating Local Communities in the Policy and Legislative Framework for Wildlife Conservation and Management in Tanzania(Uongozi Journal of Management and Development Dynamics, 2006) Majamba, Hamudi I.This paper analyzes the efforts taken by the Tanzanian government to devolve wildlife rights to local community members living in proximity to wildlife. It traces the legislative approaches applied that have a bearing on the livelihoods of the local community members in different historical epochs. The paper’s underlying thesis is that local community members have consistently been marginalized in wildlife management processes. The paper argues that Tanzania’s government’s initiative to change this trend is at the verge of being foiled by some Machiavellian stakeholders in the private sector of the wildlife industry.Item Legal Training for Diverse Roles in Zanzibar: Challenges and Prospects(Open University Law Journal, 2007) Majamba, Hamudi I.This paper provides some highlights on the major institutions charged with the task of legal training of different cadres in Zanzibar. The underlying objective is to identify some of the challenges and tease out issues that would provoke thoughts that would in turn make a case for improved legal training in Zanzibar. The main proposals that are advanced are those that seek to put in place mechanisms in order to empower those dealing with law in their day to day duties so that they would be more effective in living to the expectations of society. The duty, obligation, role and capacity of the main stakeholders in the legal sector in the provision of legal training in Zanzibar are critically analyzed. 1Item Legislative Frameworks for Implementing REDD: The Case of Forest Governance and Management in Tanzania(2012) Majamba, Hamudi I.The creation of forest protected areas and reserves, often by use of law, to address the increasing loss of the world's biodiversity raises a number of problematic issues. This approach has placed local community members at the periphery, denying them access to resources they have used and depended on for generations. A strategy called 'Reducing Emissions from Deforestation and Forest Degradation' (REDD) has been formulated to address this problem as well as the rapid loss of the world's biodiversity. The REDD scheme aims at compensating governments for putting in place systems for conserving and protecting their forests and reducing emissions of greenhouse pollutants, especially carbon dioxide. Developed countries seek to purchase carbon credits from developing countries which have put in place mechanisms to conserve and manage forests in a sustainable manner in their jurisdictions, in accordance with agreed standards. The author analyses selected legislative enactments whose provisions have a close bearing on the implementation of REDD in Tanzania. The laws which have been selected for analysis are the Environmental Management Act (EMA), 2004, the Land Acts, 1999, the Local Government Acts, 1982, and the Forest Act, 2002.These legislative enactments have more emphasis on provisions that address conservation and management of forests, the key ingredient of REDD, due to the relationship between forest degradation and climate change. In addition, the author analyses some of the provisions and regulations which address management and governance issues at a local community level which were implemented in an effort to reach out to local communities living in proximity to natural resourcesItem Nationalization, Liberalization and Regulatory Law(Mkuki na Nyota Publishers, 2004-11) Majamba, Hamudi I.Item Perspectives on the Kadhi’s Courts in Zanzibar(Orient Journal of Law and Social Sciences, 2007) Majamba, Hamudi I.This paper provides a brief analysis of some of the salient features of the Kadhis’ Courts in Zanzibar. The analysis has been discussed under purposefully selected sub-themes which are considered to reflect some emerging trends in the operation of this judicial system in Zanzibar. One of the sub-themes is premised along the gender paradigm (with a focus on selected cases on some aspects of divorce). Another is focused on the perceptions or influence of common law principles and the international legal regime on the application of Islamic law. The other sub-theme focuses on the limitations placed on the Court of Appeal with regard to cases emanating from the Kadhis’ Courts and its reaction to this set up.