Has the Controversy between the Superiority of International Law and Municipal Law been Resolved in Theory and Practice?

The issue arising out of the relationship between International law and municipal law remains a topic of controversy[1] among legal scholars and has caused difficulties especially for domestic judges[2] though; in practice the controversy has been resolved within the domestic jurisdiction of each state[3]. As a result of the issue of superiority between International law and municipal law, different schools of thought have emerged. These are the Monist and Dualist schools of thought.[4] Within the monist school of thought, there are sub-categories of schools.[5] The Naturalist Monist School as represented by Lauterpacht holds the view that international law is superior to municipal law on the basis that the former offers better protection in respect of human rights.[6] The Radical Monist School of thought is represented by Kelsen who holds the view that international law is superior on a formalistic doctrine of the grundnorm.[7] The Policy-Oriented Monist encompasses post-colonial African states and the new democratic blocks of the Eastern Europe.[8] On the other hand, the Dualist school of thought has proponent like Triepal and Anzilloti.[9] The dualists are of the view that international law and municipal law are two different systems of law,[10] dualist take the position that international law embodies rules that regulates activities of states within the comity of nations while municipal law governs the domestic activities of states.[11] According to the dualist, international law and municipal law can never be in conflict[12] and where there is a conflict between the two systems, municipal law will prevail on the ground that international law is given effect to operate domestically by municipal law.[13] The exponents of the dualist doctrine maintain that the sovereignty of states is clearly provided for in Article 2(4) (7) of the United Nations Charter. [1] B.R. Opeskin, ‘Constitutional Modelling: Domestic Effect of International Law in Commonwealth Countries: Part1P.L. 2000, Win, 607-626; S.L.Paulson, ‘The Theory of Public Law in Germany 1914-1945’, OJLS 2005 25 (525) [2] Manisuli Ssenyonjo, ‘Accountability of Non-State Actors in Uganda for War Crimes and Human Rights Violations: Between Amnesty and the International Criminal Court’,C&S Law 2005 10 (405) [3] George Roebling, ‘Invoking the Agreement on Government Procurement’, P.P.L.R. 1999, 4, 187-208. [4] Carl Landauer, ‘Antinomies of the United Nations: Hans Kelsen and Alf Ross on the Charter’, E.J.I.L 2003, 14(4), 767-799. [5] M.N. Shaw, ‘International Law’ Cambridge University Press, Cambridge, 2008, P.131 [6] I.Brownlie, ‘Principles of  Public International Law’, Oxford University Press, Oxford, 2008, P. 33 [7] Stephane Beaulac, ‘ Recent Developments on the Role of International Law in Canadian Statutory Interpretation’, Stat Law 2004 25 (19) [8] T. Maluwa, ‘International Law in Post-Colonial Africa’, Kluwer Law International, Hague, 1999, P.48-51 [9] F. Morgenstern, ‘Judicial Practice and the Supremacy of International Law ‘, 27 BYIL. 42 [10] Antonis Antoniadis, ‘The European Union and the WTO Law: a Nexus of Reactive, Coactive, and Proactive Approaches’, World T.R., 2007, 6(1), 45-87; Certain German Interest in Polish Upper Silesia (Germany v. Poland) 1925 PCIJ (Ser. A), No 7 at 19; H. Lauterpacht, ‘International Law’, Collected Papers, edited by E.  Lauterpacht, Vol 1, Cambridge University Press, Cambridge, 1970, p.152-153 [11] Elizebeth Wicks, ‘A New Constitution for a New State? The 1707 Union of England and Scotland’, L.Q.R. 2001, 117(Jan), 109-126 [12] R.K., Gardiner, ‘ International Law’, Longman Law Series, London, 2003, P. 130 [13] Ibid, P.14

THEORETICAL CORRELATION OF AGEING, MENTAL ACTIVITY AND MEMORY RECALL: IMPLICATION FOR SECURITY PERSONNEL

This study explored theoretical correlation of ageing, mental activity and memory recall and its implication for security personnel. Ebbinghaus’ experiment with the list of nonsense syllables in 1885 has created the awareness that a lot factors can influence brain behaviour; critically ageing and mental activity. Despite the abundance of empirical literature on varying experiments to expose the correlation of brain behaviour and other human behavioural outcomes, the need to establish theoretical basis for understanding these relationships becomes important. Using Two-Stage Process theory of memory recall by Watkins and Gardiner (1979) which emphasized search and retrieval process; and Encoding Specificity theory by Tulving and Donald (1973) which emphasized encoding conditions and conditions at the time of retrieval, memory recall process was reviewed as brain behaviour in the light of how ageing and mental activity (cognitive exercise) may influence it. Given the found theoretical linkage, it is recommended that positive valences which improve mental wellbeing and varying brain behavior be encouraged in the workplace to improve the quality of human output in the organization.  Article visualizations

Rethinking Public Administration Professionalism in Nigeria

The mission statement of Nigerian public administration anchors on providing a professional public administration fit for sound public sector management. Using a qualitative methodology that focuses on descriptive analysis, this paper examines professionalism of public administration in line with the various policy and regulatory frameworks put in place to enforce professional conducts. The impact of unprofessionalism in the Country’s public administration is large scale unethical behaviors which has over the years resulted in the compromise of basic principles and values. This subverts the very essence of public administration existence in terms of providing efficient, responsible and professional service in line with sustainable public interest. The paper reflects on public administration practices, identifies some obstacles to professionalism and amongst other propositions strongly recommends for good governance in the Country. The paper contributes to current discussions on enhancing professionalism of public administration in Nigeria and elsewhere.Keywords: professionalism, profession, public administration, public sector, service deliver

The Prognosis of Acute Stroke in a Tertiary Health Centre in South-East Nigeria

Stroke is a common neurologic disorder and it is the third leading cause of mortality worldwide after ischaemic heart disease and cancer. This study determined the prognosis of acute stroke in Federal Teaching Hospital Abakaliki (FETHA) South-East Nigeria.It was a retrospective, descriptive and hospital based study conducted in a tertiary health centre in Abakaliki south-east Nigeria. The stroke register of the neurology unit was reviewed and relevant data were extracted and analyzed. Stroke accounted for 12% of medical death with 24hour, 7day and 30day mortality rate of 5%, 10% and 15% respectively. Factors associated with stroke mortality include advanced age, female sex, extremes of blood pressure, loss of consciousness and haemorrhagic stroke. There should be regular health education with emphasis on primary prevention of stroke.  Also, stroke patients should be referred early to a stroke unit for adequate management. Key words: stroke, mortality, Abakaliki, South-East, Nigeri

CLASSROOM TRANSLANGUAGING AS A LEARNING STRATEGY: THAI SECONDARY SCHOOL EFL STUDENTS’ PERCEPTIONS

In Thai schools today, English language teaching has evolved from a traditional to an interactive approach. Translanguaging pedagogical practices are becoming more prevalent in Thai schools. There have been extensive debates among teachers and educators in Thai secondary schools regarding translanguaging pedagogy. As a result, little empirical research has been conducted on how Thai students perceive this issue. This study contributes to the existing literature by examining Thai secondary school EFL students' perceptions on the use of classroom translanguaging as a teaching/learning strategy. Data was collected from 36 Thai EFL students via questionnaires and semi-structured interviews. The quantitative data were analyzed using quantitative descriptive data analysis, and the qualitative data were analyzed using qualitative content analysis. The results showed that in Thai (EMI) classrooms it is difficult to ignore the learners' L1 (Thai) when learning a foreign language, and students had overall positive perceptions of classroom translanguaging. Limitations and implications are also highlighted.  Article visualizations

A Comparative Study of the Engagement of Migrant and Indigenous Artisans on the Construction Sites in Lagos Metropolis and Benin City, Nigeria

It is gradually becoming a norm to find some construction trades in project sites in Nigeria being dominated by migrant artisans from other West African countries, despite the high unemployment rate in Nigeria. The magnitude and spread of these migrants in Nigerian cities deserves research attention in the effort to understand the demographic settings that encourage their influx, and the reasons why contractors often employ them. This research carried out comparative study of the factors responsible for the engagement of migrant artisans in Lagos Metropolis and Benin City, South-West and South-South Nigeria respectively. Based on data from 40 randomly selected construction sites, 20 from each of the cities; it was found that indigenous artisans were dominant on construction sites in the study area with migrant artisans constituting 19.93% in Lagos and 15.67% in Benin City. Contractors in Lagos Metropolis engage the services of migrant artisans more frequently than those in Benin City. The study further revealed that migrant artisans are mainly engaged for tiling, P.O.P. installation and plastering works in Lagos and Benin City. The migrant artisans’ ability to work for longer hours (MS= 4.03), achieve better quality of workmanship (MS= 3.94) and reduction in cost (MS= 3.92) were the most important factors accounting for their engagement in Lagos. In Benin City, better quality of workmanship (MS= 4.30), reduction in cost (MS= 4.10) and migrant artisans’ ability to work for longer hours (MS= 3.82) were the most highly rated factors. Collaboration for trade test certification between the Federal Ministry of Labour and Productivity and Polytechnics in Nigeria was recommended as a means of achieving adequate training of Nigerian artisans in order to check the increasing engagement of nationals of other countries in construction trades in Nigeria

Pattern of Neurological Admissions in the Tropics: Experience At Abakaliki South-Eastern Nigeria

The pattern of neurological admissions varies amongst different regions of the world and this depends on many factors including the regional burden of neurological disorders. This study determined the pattern of neurological admissions in a tertiary health centre in Abakaliki South Eastern Nigeria and compared it with that from other parts of the country. A review of admissions into the medical wards of the Federal Teaching Hospital Abakaliki south-eastern Nigeria from July 2012 to June 2013 was done using the register of admissions and discharges. Out of 1247 patients admitted in medical ward over the study period, 267 (21%) had neurological disorders with mean age of 55.1±20.2years. There were 154(58%) males and 113(42%) females, with a sex ratio of 4:3. Seventy two percent of the patients were between 30 and 69years. Stroke accounted for 62% (166) of the neurologic admissions. Others were central nervous system (CNS) infections, seizure disorders, hypertensive encephalopathy, myelopathies, CNS tumors and neurodegenerative disorders in descending order of frequency. The burden of neurological disorders is high with male preponderance in Abakaliki south-eastern Nigeria mainly of the productive population. Stroke and CNS infections were the most prevalent neurological disorders identified which are both largely preventable. There should be good health planning that will address the enormous neurological disease burden and emphasize preventive health. Keywords: Pattern, neurological admissions, Abakaliki, Nigeri