An Examination on Evolution of Accountability and Transparency Procurement Principles in Mainland Tanzania

Like in other African countries, the government of the United Republic of Tanzania has engaged and conducted a good number of procurement reforms. This has been carried out by the government since it attained its independence in 1961. It was an expectation of the public that all reforms that have taken place mainly aimed at ensuring that procurement system become robust and promising. This is because, in its day-to-day business, the government relies entirely on public purchasing in getting various commodities from bidders, both local and internationally. It is unfortunate, however, in all procurement reforms that have carried out by the government, with exception of 2016 procurement reforms, accountability and transparency procurement principles evolution was not given a deserving priority it deserved. Obviously, the 1977 Constitution of the United Republic of Tanzania, and all other previous Constitutions contained a provision relating to financial matters, yet it is unluckily that as of today, the same 1977 Constitution of the United Republic of Tanzania has not a single provision emphasizing or rather indicating on accountability and transparency procurement principles. This evidences clearly that procurement reforms seem to be not fruitful since accountability and transparency procurement principles evolution has slowly emerged and in previous procurement reforms, this was in fact, given little and less attention on various occasions when public procurement laws were reformed. In all procurement reforms, until 2016 procurement reforms that the government did, accountability and transparency procurement principles did not feature in any statute in Mainland Tanzania.    

Examining Transport Documents (Bill of Lading) in Carriage of Goods by Sea: Domestic and International Law Practices in Mainland Tanzania

All over the world, the shipping practice has become an evolving landscape and common issues, particularly in carriage of goods by sea.  Again, the diversity of transport documents, bill of lading for example, has become a source of confusion and dispute among the shipping companies, bankers, carriers and cargo receivers. In advent and the rise of containerization system as a means of transporting goods from one place to another, it is a common practice, in some occasion that goods are transported and shipped with multimodal transport documents involved. Stakeholders in shipping sectors have been asking themselves with a number of questions on the matter in question without proper answers. One of the interesting questions, which are normally asked, is, for instance, on whether consignee who is named in such a multimodal transport documents covering goods carried partly by sea, may make use of the statutory provisions on the receipt function of bills of lading if any difficulty arises, and possibilities of such documents to be treated as a bill of lading in the eyes of the existing laws. The next alarming and puzzling question among shipping companies is on different parcels of cargo, which is intended to be loaded at different destination, what particulars in relation to such cargo should be shown in such consolidated bill of lading and what will be its evidential effects as per laws. Another puzzling issue which has raised eye brows among shipping stakeholders is on the problem of presence of defects in goods under consolidated bill of lading practice in as far as laws are concerned. Here, such confusion is possible since the determination of the dispute may seem to be difficulty under prevailing circumstances. This research article therefore, intends to unearth the issue of diversity of the of transportation documents including bill lading in carriage of goods by sea with a special focus on domestic and international law practice in Mainland Tanzania. To make all what have been stated above possible, there is a need of having a strong legal framework built by coherence of both domestic and international law rules

The United Republic of Tanzania and Conventions on Carriage of Passengers, Cargo and Baggage by Air Aviation: A Historical Study

Transportation of both passengers and goods, in URT, has become a very important and paramount issue since the inception and commencement of the air aviation law in URT and the world in general. Several attempts have been made by partners’ states, that in the beginning, started and initiated a milestone journey to the point where the aviation law regime has reached today. The enactment of international laws governing the aviation industry had gone through several stages. With several challenges encountered and evidenced for several years, transportation of passengers and goods has become a must and paramount. URT as a party to several international air rules and Conventions, aircraft from within and outside URT, have utilized both domestic as well international conventions in ensuring that passengers and goods are transported within and all over the world and their safety and life are well safeguarded through air laws applicable within URT. This research article is aimed at examining various international conventions applicable to URT. The article generally attempts at showing the historical evidence on the carriage of passengers through various conventions to which URT is a party, and how transportation of passengers and goods has become possible. The research article also covers the issues of liabilities for air carriers operating in URT with a special focus on the Conventions that are applicable in URT and the extent of compensation that those Conventions guarantee as a result of personal or bodily injuries or loss of passengers’ goods that seem to be harmonized with current domestic aviation laws in URT.

The Individual Employment Contracts in Conflict of Laws Under International and Domestic Labour Relation Laws in Mainland Tanzania

Job mobility has become an enormous issue in the current modern world. All over the world, people sometimes move from one place to another in search of green pastures and life. Persons are sometimes forced by circumstances, as earlier stated, to move and work in countries far from places of their original nationalities. It is on such a note that, persons are compelled to abide by employment contracts that are governed by laws, not of their countries of origin. In the course of working, inevitably, employment disputes become unavoidable, and in this situation, where there is an issue to be dealt with by the courts of law in this area, a complex issue of which law should apply in determining the issue in question arises and becomes a task of the court to make a determination of the same. This article generally discusses individual employment contracts in conflict of laws perspectives under international and domestic labour relation laws, with a special focus on the Rome Conventions, its Regulations, and labour laws applicable in Mainland Tanzania. The article also addresses circumstances under which the Rome Convention, its existing Regulations as well as domestic labour relation laws pave the way in addressing the issue of individual employment contracts in the field of conflicts of laws in Mainland Tanzania. Specifically, this work addresses the concept of employee and employer view of the international and domestic labour relation laws as used also in conflict of laws. This is touched on in this research article because it is one of the complicated areas when it comes to the determination of employment contract disputes containing a foreign element, which has indeed caused a great debate in conflict of laws

Accountability and Transparency Procurement Principles in Good Governance and Human Rights Perspectives in Mainland Tanzania

Accountability and transparency procurement principles have played a significant role in establishing good governance in any procurement regime. These principles also safeguard the protection of human rights under human rights principles. These principles if well utilized and implemented, also encourage compliance with human rights norms. In the Tanzanian procurement regime, accountability and transparency procurement principles are also covered under procurement statutory rules. The covered principles are also articulated under regional and international procurement rules to which Tanzania is a party to them. Accountability as a principle is a form of liability that introduces to whom and for what and what is accountable in procurement undertakings. The transparency principle, on the other hand, its essence is to show openness during in entire procurement process. The liability created by the accountability principle and openness in the entire procurement process by authorities, in general, promote good governance and enhance compliance with human rights norms in procurement regimes. Compliance with accountability and transparency procurement principles also improves public confidence in government performance. Absolute compliance with these procurement principles in the procurement regimes ensures taxpayers’ resources utilization trust. In particular, accountability and transparency procurement principles have a close link with good governance and human rights. The two procurement principles are inseparable. The author of this article believes that there is a close link between accountability and transparency procurement principles with good governance and human rights. As earlier noted, it is strongly believed that good governance and human rights play a significant role in enhancing implementation and compliance to procurement principles in public procurement. Further discusses in this paper that despite Tanzania to belief in various human rights principles as articulated by human rights norms, and also belief in human good governance as enshrined under the national Constitution, the current procurement system lacks a constitutional base, and procurement principles under discussion are only recognized under enabling Acts of the Parliament. This article makes emphasis that, there is a need for the current procurement system to be constitutionalized so that public entities conduct procurement based on the procurement principles named above in order to ensure that human rights and good governance goals are full achieved by public entities, without which value for money will never be accomplished in Mainland Tanzania

Accountability and Transparency Procurement Principles in Good Governance and Human Rights Perspectives in Mainland Tanzania

Accountability and transparency procurement principles have played a significant role in establishing good governance in any procurement regime. These principles also safeguard the protection of human rights under human rights principles. These principles if well utilized and implemented, also encourage compliance with human rights norms. In the Tanzanian procurement regime, accountability and transparency procurement principles are also covered under procurement statutory rules. The covered principles are also articulated under regional and international procurement rules to which Tanzania is a party to them. Accountability as a principle is a form of liability that introduces to whom and for what and what is accountable in procurement undertakings. The transparency principle, on the other hand, its essence is to show openness during in entire procurement process. The liability created by the accountability principle and openness in the entire procurement process by authorities, in general, promote good governance and enhance compliance with human rights norms in procurement regimes. Compliance with accountability and transparency procurement principles also improves public confidence in government performance. Absolute compliance with these procurement principles in the procurement regimes ensures taxpayers’ resources utilization trust. In particular, accountability and transparency procurement principles have a close link with good governance and human rights. The two procurement principles are inseparable. The author of this article believes that there is a close link between accountability and transparency procurement principles with good governance and human rights. As earlier noted, it is strongly believed that good governance and human rights play a significant role in enhancing implementation and compliance to procurement principles in public procurement. Further discusses in this paper that despite Tanzania to belief in various human rights principles as articulated by human rights norms, and also belief in human good governance as enshrined under the national Constitution, the current procurement system lacks a constitutional base, and procurement principles under discussion are only recognized under enabling Acts of the Parliament. This article makes emphasis that, there is a need for the current procurement system to be constitutionalized so that public entities conduct procurement based on the procurement principles named above in order to ensure that human rights and good governance goals are full achieved by public entities, without which value for money will never be accomplished in Mainland Tanzania

The United Republic of Tanzania and Conventions on Carriage of Passengers, Cargo and Baggage by Air Aviation: A Historical Study

Transportation of both passengers and goods, in URT, has become a very important and paramount issue since the inception and commencement of the air aviation law in URT and the world in general. Several attempts have been made by partners’ states, that in the beginning, started and initiated a milestone journey to the point where the aviation law regime has reached today. The enactment of international laws governing the aviation industry had gone through several stages. With several challenges encountered and evidenced for several years, transportation of passengers and goods has become a must and paramount. URT as a party to several international air rules and Conventions, aircraft from within and outside URT, have utilized both domestic as well international conventions in ensuring that passengers and goods are transported within and all over the world and their safety and life are well safeguarded through air laws applicable within URT. This research article is aimed at examining various international conventions applicable to URT. The article generally attempts at showing the historical evidence on the carriage of passengers through various conventions to which URT is a party, and how transportation of passengers and goods has become possible. The research article also covers the issues of liabilities for air carriers operating in URT with a special focus on the Conventions that are applicable in URT and the extent of compensation that those Conventions guarantee as a result of personal or bodily injuries or loss of passengers’ goods that seem to be harmonized with current domestic aviation laws in URT

An Examination on Evolution of Accountability and Transparency Procurement Principles in Mainland Tanzania

Like in other African countries, the government of the United Republic of Tanzania has engaged and conducted a good number of procurement reforms. This has been carried out by the government since it attained its independence in 1961. It was an expectation of the public that all reforms that have taken place mainly aimed at ensuring that procurement system become robust and promising. This is because, in its day-to-day business, the government relies entirely on public purchasing in getting various commodities from bidders, both local and internationally. It is unfortunate, however, in all procurement reforms that have carried out by the government, with exception of 2016 procurement reforms, accountability and transparency procurement principles evolution was not given a deserving priority it deserved. Obviously, the 1977 Constitution of the United Republic of Tanzania, and all other previous Constitutions contained a provision relating to financial matters, yet it is unluckily that as of today, the same 1977 Constitution of the United Republic of Tanzania has not a single provision emphasizing or rather indicating on accountability and transparency procurement principles. This evidences clearly that procurement reforms seem to be not fruitful since accountability and transparency procurement principles evolution has slowly emerged and in previous procurement reforms, this was in fact, given little and less attention on various occasions when public procurement laws were reformed. In all procurement reforms, until 2016 procurement reforms that the government did, accountability and transparency procurement principles did not feature in any statute in Mainland Tanzania

Examining Transport Documents (Bill of Lading) in Carriage of Goods by Sea: Domestic and International Law Practices in Mainland Tanzania

All over the world, the shipping practice has become an evolving landscape and common issues, particularly in carriage of goods by sea. Again, the diversity of transport documents, bill of lading for example, has become a source of confusion and dispute among the shipping companies, bankers, carriers and cargo receivers. In advent and the rise of containerization system as a means of transporting goods from one place to another, it is a common practice, in some occasion that goods are transported and shipped with multimodal transport documents involved. Stakeholders in shipping sectors have been asking themselves with a number of questions on the matter in question without proper answers. One of the interesting questions, which are normally asked, is, for instance, on whether consignee who is named in such a multimodal transport documents covering goods carried partly by sea, may make use of the statutory provisions on the receipt function of bills of lading if any difficulty arises, and possibilities of such documents to be treated as a bill of lading in the eyes of the existing laws. The next alarming and puzzling question among shipping companies is on different parcels of cargo, which is intended to be loaded at different destination, what particulars in relation to such cargo should be shown in such consolidated bill of lading and what will be its evidential effects as per laws. Another puzzling issue which has raised eye brows among shipping stakeholders is on the problem of presence of defects in goods under consolidated bill of lading practice in as far as laws are concerned. Here, such confusion is possible since the determination of the dispute may seem to be difficulty under prevailing circumstances. This research article therefore, intends to unearth the issue of diversity of the of transportation documents including bill lading in carriage of goods by sea with a special focus on domestic and international law practice in Mainland Tanzania. To make all what have been stated above possible, there is a need of having a strong legal framework built by coherence of both domestic and international law rules

The Individual Employment Contracts in Conflict of Laws Under International and Domestic Labour Relation Laws in Mainland Tanzania

Job mobility has become an enormous issue in the current modern world. All over the world, people sometimes move from one place to another in search of green pastures and life. Persons are sometimes forced by circumstances, as earlier stated, to move and work in countries far from places of their original nationalities. It is on such a note that, persons are compelled to abide by employment contracts that are governed by laws, not of their countries of origin. In the course of working, inevitably, employment disputes become unavoidable, and in this situation, where there is an issue to be dealt with by the courts of law in this area, a complex issue of which law should apply in determining the issue in question arises and becomes a task of the court to make a determination of the same. This article generally discusses individual employment contracts in conflict of laws perspectives under international and domestic labour relation laws, with a special focus on the Rome Conventions, its Regulations, and labour laws applicable in Mainland Tanzania. The article also addresses circumstances under which the Rome Convention, its existing Regulations as well as domestic labour relation laws pave the way in addressing the issue of individual employment contracts in the field of conflicts of laws in Mainland Tanzania. Specifically, this work addresses the concept of employee and employer view of the international and domestic labour relation laws as used also in conflict of laws. This is touched on in this research article because it is one of the complicated areas when it comes to the determination of employment contract disputes containing a foreign element, which has indeed caused a great debate in conflict of laws