Joseph M. Isanga’s research while affiliated with Ave Maria School of Law and other places

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Publications (8)


The Role of International Actors in Promoting Rule of Law In Uganda (From the Book Globalizing Justice: Critical Perspectives on Transnational Law and the Cross-Border Migration of Legal Norms)
  • Article

March 2012

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23 Reads

SSRN Electronic Journal

Joseph M. Isanga

There is a perception that Uganda, like several African nations held to be beacons of hope in the late 1980s and 1990s, had made a break from bad governance and was headed toward democratization; however rule by men (i.e., the military) rather than by law persists. Yet the rule of law is critical to sustained political and economic development. The lack of respect for the rule of law has adversely affected the emergence of democracy in Uganda. The need for strong, principled, and concerted political leverage by international actors is clear. International insistence on constitutionalism and the rule of law are the keys to Uganda's democratic transformation. All Rights Reserved to SUNY Press.


Response to Philip Blosser

March 2012

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15 Reads

Jurisprudential· theories provide frameworks for understanding the nature of law and justice. Generally exclusivist, each portrays itself as the only valid explanation of law. Thus, legal positivism' portrays itself as antithetical to natural law theory. Legal positivism developed in different directions and inspired a variety ofkindred theories, such as legalism/formalism, legal realism, and legal process. In tum, these ideas attempted to monopolize legal theory, usually at the expense of natural law theory. To an extent, this is understandable because every generation confronts unique challenges, and in crafting solutions, prior theories seem outdated as they relate to different times and problems.


The United States, the European Union, and China: The Triadic Contest for Africa and its Implications for International Human Rights and Democracy

August 2010

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19 Reads

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2 Citations

This article argues that unless the three primary international actors in Africa restructure their strategy towards the continent in a manner that gives recognized values of human rights, the rule of law and good governance some type of preeminence, both the interests of Africa and the business of these countries will suffer.


Mulieris Dignitatem, Ephesians 5, and Domestic Violence: Grounding International Women’s Human Rights

January 2010

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97 Reads

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4 Citations

This Article considers the contribution of Pope John Paul II’s apostolic letter On the Dignity and Vocation of Women to the deeper understanding of women’s dignity as it relates to the process of articulating and rearticulating international women’s rights, with particular attention on domestic violence. This letter, Mulieris Dignitatem, brings together some of the Catholic Church’s most important teachings on gender equality. This Article delineates norms articulated in Mulieris Dignitatem that can inform international standards regarding the protection of women from domestic violence.


Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes

December 2009

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48 Reads

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12 Citations

As long as pirates perceive that the international community is unwilling or lacking the capacity to prosecute, piracy will continue to thrive. It is evident that piracy threatens international trade and maritime life throughout the world. Not only does piracy cause substantial disruption and loss to the world economy, which is heavily reliant on maritime shipping, it also leads to escalating costs associated with increasingly steep ransom demands and higher insurance premiums. This article recommends various normative and procedural reforms and, in particular, advocates for the expansion of the jurisdiction of the International Tribunal on the Law of the Sea (ITLOS) as a permanent forum for the prosecution of suspected pirates.


Counter-Terrorism and Human Rights: The Emergence of a Rule of Customary International Law from United Nations Resolutions

January 2009

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8 Reads

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1 Citation

Although the United Nations currently has no agreed-upon definition of terrorism, the author argues that it is nonetheless possible to hold States engaged in counter-terrorism efforts liable for violations of international human rights law even when they are not signatories to relevant international treaties. The basis for such an obligation derives from various resolutions of the United Nations and decisions of national courts which represent a step toward the codification of a general obligation to protect human rights in the context of counter-terrorism as an emerging rule of customary international law.


African Courts and Separation of Powers: A Comparative Study of Judicial Review in Uganda & South

57 Reads

Achieving political stability in a transitional democracy is a fundamental goal, the resoluteness of which is in part maintained by courts of judicial review that are independent from political bias and devoid of deference to traditionally more powerful branches of government. The recent democratic transitions occurring in the African nations of South Africa and Uganda provide a unique, contemporary insight into the formation of a constitutional jurisprudence. This study is an examination of pivotal cases decided by the Constitutional Courts of South Africa and Uganda, the roles that these decisions play in political stability, and the potential for political bias in the interpretation of a newborn constitution. Topical cases include S v. Makwanyane and Another (1995) and Attorney General v. Susan Kigula and 417 others (2009) - decisions of the Constitutional Court of South Africa and the Supreme Court of Uganda, respectively - which contemplate the constitutionality of the death penalty. Though the judiciaries of both countries resist the influence of outside bias admirably, they do so with varying degrees of success. Notably, courts in Uganda have at times taken recourse to foreign law as a guide and given unctuous consideration to constitutional arguments but ultimately decided cases in strong consideration of executive will. Conversely, decisions in South Africa have sometimes taken the opposite route, disregarding political bias in favor of political stability. The cases and analyses herein are indicative of the fragile balances that each of these emerging democracies must strike in order to ensure the continuance of their newly formed constitutional governments.


Citations (2)


... Gender right is not just a private matter. It is also a moral issue as such the need to involve the churches and mosques in the effort to combat abuse of women's rights that abound (Isanga 2010). To this light, some religious texts reinforcing male superiority over the female and perpetuating gender segregation and discrimination is to be checkmated in Nigeria to avoid further misinterpretations. ...

Reference:

Women's rights protection in Nigeria: institutional framework and challenges
Mulieris Dignitatem, Ephesians 5, and Domestic Violence: Grounding International Women’s Human Rights
  • Citing Article
  • January 2010

... Although both UNCLOS and the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA) are vital legal bases for anti-piracy, their relationship is controversial. Mixed views include: (1) Crimes defined in SUA (SUA offences) "are complementary to UNCLOS provisions on piracy [78]"; (2) SUA enlarges the scope of piracy [100]; and (3) The original piracy crime has been replaced with "illegal acts endangering the safety of navigation" in SUA [101]. ...

Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes
  • Citing Article
  • December 2009