DEPARTMENT OF PUBLIC INTERNATIONAL LAW

Historical development of the common law and civil law aspects of the subject. The course would focus attention on public law and political institutions in common and civil law systems. The Administration- terminology and definition with particular references to the scope and functions of Administrative law. The structure of Central Government in common law countries having federal or unitary system of government. Particular emphasis would be laid on the decentralization of powers, rationalization of the Centre Executive, the functions of the Central Government, policy implementation, allocation and the civil service. The legislative powers of administration, classification of functions. Students would be expected to lay emphasis on judicial powers of the administration, in this regard, attention will be focused on administrative tribunals, public incurious domestic tribunals, Conseil d'Estate

The study will be based on the constitution of Common Wealth countries but wherever possible reference will be made, on a comparative basis, to the constitutional laws of Francophone and other African states. (i) The constitutional structure and development of selected African countries (in outlines only). The problem of constitutional evolution, (ii) The Problem of Autochthony (iii) Comparative constitutional structure of individual state (a) Federal and Unitary Constitutions distinction of power and relations between the centre and the states in Federation. Devolution within unitary system. Diarchy, (b) (i) Cabinet Government (ii) Presidential Government (iii) The Executive Government (including the police and armed forces and the civil service) (iv) The Legislature (v) The inter-relationship of (i) -(iv) above (iv) Party System Constitutional Safeguards and Protection: Faculty of Law Bills of Right Independence of the Judiciary Electoral Systems Public Accountability Status of the opposition and the abuse of majority power.

The League of Nations and the United Nations; Functions, Membership, Organization, Jurisdiction, Powers and Procedure. (ii) African Regional Institution: - Regionalism within the universal systems, O. A.U.,O.C. A.M., Arab League, African Technical Organizations, etc. Non-African Organizations: - The Council of Europe, The North Atlantic Treat}' Organization, The Western European Union, European Coal And Steel Community, The European Economic Community, American Organizations.

Law of Economic Warfare: - Economic Reprisals peacetime economic "warfare". The law relating to trading with the enemy. The laws of economic warfare on land and at sea. The international economic law of military occupation (with special reference to the treatment of property and public finance). Rights and duties of neutral powers. The protection of neutral property. War Claims, Restitution, and Reparations. Law of International Economic Institutions: -Representation of economic interest abroad. International adjudication of economic claims, economic and financial unions (with special reference to monetary customs unions, the Geneva agreement of 1774 and the Havana Charter). The Economic and social council (with special reference to the organization of technical assistance. Administrative machinery for the application of international economics sanction). The bank of international co-operation in the field of nuclear energy, non-universal economic organization (with special reference of America states, the organization for economic co-operation and development, the economic commission for Europe, the European communities and the European free trade association. International economic co-operation with soviet orbit. GATT (General Agreement on tariffs and trade 1747). The organization for trade co-operation. Declarations and conventions on economic human right, inter-African Economic Organization.

(i) The legal regime of the ship - nationality of ships, flags of convenience, warships and other government owned ships on non- commercial service, government owned merchant ships, privately owned merchant ships collision, wreck and salvage. Stateless ships and private ships. (ii) The legal regime of crew, passengers and cargo jurisdiction, condition of labour, consular jurisdiction over sea-mean aboard, safety of life at sea. (iii) Rules for securing safety at sea- rules for the prevention of collision at sea, assistance at sea. Load-line convections, pollution, safety of life at sea. (iv) Marine law in the time of war-prize law and prize courts, rules of maritime warfare, the law of maritime neutrality. (v) International maritime institutions - types, functions, organizations and jurisdiction. (vi) Settlement of disputes.

(i) Dimensions of Environmental Problems, Legal, Social and Economic. (ii) Economic consideration in the selection of pollution control- Legislations; Legal causes of Environmental Problems, Pollution Control Objective: Alternative forms of Control. (i) Administrative and Judicial Control on Pollution of the Environment, (iv) Statutory Environmental Control Technical, Coercive Measure, Criminal Sanctions and Ministerial orders; Prior Authorizing (licensing), Effluent Charges, Fiscal Incentives for Pollution abatement and Property Rights.

(i) Institutions and organs for the creation and administration of Air Law national Organization - of civil Aviation, International Institutions membership, organs functions. Non-governmental institutions, (ii) The right to fly - sovereignty over the Air space. Air transport agreements; non-scheduled flights; unauthorized entry. Paris Agreement, 1956; scheduled Air Service; Multilateral and Bilateral Agreement Transit Rights; Transit; Right; Traffic Rights and Ancillary Rights. Route planning capacity control and rate-fixing. (i) The legal regime of crew, passenger and cargo incenses of personnel, international standards and recommended practices; owners of aircraft; operators; aircraft commanders; crew, entry' and clearance regulation; facilitation; cargo restriction; mails; sanitary regulation. (ii) The legal regime of aircraft- definition and classifications of aircraft, legal nature of aircraft; state aircraft; nationality and registration: certificate of airworthiness; documents to be carried and notices to be exhibited; jurisdiction over aircraft; crimes on board aircraft; customs; seizure and arrest, wreck and salvage; investigation of accidents

Consideration of the main principles of America criminal law (under both the Criminal and Penal Codes) and problems arising from codification, (i) The principles of criminal responsibilities and the general defense to crime; (ii) Strict liability offences; (iii) The above aspects of the criminal law to be examined in comparison with the following: The English Common Law and The Statutory Law of crime The Ghana Criminal Code The Queensland Criminal Code The Sudan Panel Code The Indian Penal Code The Panel Code of Kenya

Judicial review of administrative actions- the application and/or exclusion of the principles of natural justice, ultra vires doctrine and the exclusion of the principles of natural justice, ultra vires doctrine and the exclusion and /or restriction of judicial review of administrative functions. The course will examine administrative remedies under section 42 of the constitution- certiorari, the prohibition mandamus, habeas corpus declaration and injunctions, common law actions for remedies in tort, remedies under Droit administrative and in particular, the problem of locus standi. Extra-judicial control of administrative action - the Public Complaints Commission (ombudsman) or parliamentary. commissioned public corporations - powers and functions, state liability in tort, and contract and liability of public officials.

(a)(i) Emergency powers (ii) Procedures for constitutional amendments Judicial review of the constitutionality of legislation The place of traditional elements, modern constitutions (c) The problem of the minority; succession and its constitutional implications (b) The traditional rulers and institutions The problem of stability (d)(a)iv above (e)Coup d’état and their cons implications. (f)Regional Co-operation and Sovereignty.

(i) Private remedies for pollution damage. Special consideration will be given to 'selected problems in oil pollution, water quality management, emission from industries, and automobile pollution, (i) Population as a factor in environmental problems, (ii) Development of pollution control legislation, International protection of the environment.

(i) Airport and other navigation facilities- licensing of aerodromes; customs aerodromes; sanitary aerodromes; provision of airport and any navigation facilities; international standards and recommended practices; international technical and financial assistance; international use of aerodromes and other navigation facilities. (ii) Liabilities arising from operation of aircraft and air services - trespass; nuisance; surface damages; collision. Death and injury to passengers. Loss of properly and responsibility therefore. Air law in time of national emergency and war state and effects of national emergency and war effect on air transport agreement; prize neutrality; angry; hospital and medical aircraft; rules of air warfare

Income from offices and employment - what constitutes employment, income valuation and taxation of benefits in kind. Deductible expenditure; share option and incentive schemes; golden handshake and exemptions to charges; pensions/pensioners and personal taxation provisos. Income from government securities-annuities interest, dividends and foreign income- the remittance relief for interests; overdrafts; other interests, nature of annual payments and taxation.

A comparative examination of selected offences: Parties in crime Homicide Stealing and kindred offences Sexual offences and offences against morality. Offences involving fraud, corruption, armed robbery, drug trafficking, economic sabotage.

This is required of all candidates for the degree of Master of Laws in the Department. The Thesis may be written in one field of Law or where the need arises, the essay may straddle several fields of law or a field of law and an area in the Social Sciences or Humanities.