Wednesday, July 24, 2024
International Journal of Law, Humanities & Social Science

ISSN(ONLINE) :2521-0793
ISSN :(PRINT) :2521-0785

Volume 2 - Issue 4

Paper Type: Research Paper
Title: Analysis of Information Systems Capabilities and Performance of Firms in Telecommunications Industry, Kenya
Author(s): Bett, Alfred Kipyegon, Dr. Johnmark Obura,Dr. Moses Oginda

Abstract: In the 21st century where economies are driven majorly by knowledge and information-based service businesses, telecommunication industries are playing a critical economic role both regionally and globally. In Kenya, with a combined subscription rate of 37.8 million based on a 2016/17 Communication Authority of Kenya report of 2017, Safaricom Kenya Limited controls about 71.2% of the subscribers, Airtel Kenya Limited is second with 17.6% with Telkom Kenya coming third with 7.4%. Finserve East Africa (Equitel) a new entrant in the market controls 3.8% of subscribers. These figures points to the fact that only Safaricom seems to be the only firm performing well. This reality forms the basis of establishing whether their difference in performance is attributable to their information systems capabilities. The purpose of this study was to analyse the relationship IS capabilities and performance of firms in the telecommunications industry in Kenya. It was anchored on Resource-Based Theory and guided by a conceptual framework with the dependent variable being firm performance while independent variable was IS capabilities. Correlational and survey research designs were used. The population of the study was 523 staff comprising all executive, management and operational level managers from the business and IT sections in each firm. A sample of 202 staff was drawn through proportionate stratified random sampling method. Primary data was collected using structured questionnaire and an interview schedule. Reliability of the research instrument was tested against Cronbach’s alpha coefficient where a reliability score of 0.814 was achieved while validity was gauged through research experts’ opinions. Data was analysed using both descriptive and inferential statistics. The findings established that IS capabilities and firm performance have a weak relationship (r = 0.409, p<0.05) which means that whenever firms in industry invested on market based IS capabilities there was a small improvement on their performance and therefore firms should invest in the development of market based IS capabilities since they have significant influence on their performance. This study may be useful to industry players by gaining better understanding on various information system resources that they can utilize to improve and sustain their performance besides policy formulation. By advancing a model that depicts the relationship between information systems resources and firm performance, this study may make a significant contribution to theory building in the field of information systems.

Abstract: This explored the value of integrating talent management into the overall human resource activities in public universities in Ghana. Competition for expertise has led to war of talent among universities making some of them to ‘poach’ experts or knowledge workers while some academics are enticed by the ‘greener pasture syndrome’. To reduce frequent academic staff turnover universities need to manage talent. The study used qualitative methods of interviews to explore the value of integrating talent management into human resource practices in public universities. The study found that talent management has the potential to reduce high academic staff turnover by retaining expertise. Due to logistics and time the study focused on 3 of the 10 public universities in Ghana where only 220 information rich people were selected to participate in the study. The few universities and participants involved in the study could make it difficult to generalize the findings to other universities because of unique conditions in such institutions. The study will assist the universities’ management to enforce talent management into human resource policies and programmes to reduce the loss of human capital and funds.

Abstract: International Economic Law, especially looking at the regimes of trade and investment for example, is not bereft of the fragmentation occurring in international law. The separation of trade and investment has both historical and economic undertones, which eventually led to the development of bifurcation in the legal regimes that regulate them. So international law manages trade and investment independent of each other. Take for example the foreign investment regime today with over 3,324 treaties agreed upon between States, out of which 2,958 are Bilateral Investment Treaties (BITs) and 367 are other treaties with investment provisions. Developed, capital exporting states conclude International Investment Agreements (IIAs) mainly for the protection of foreign investment. It is evident that interpretation of treaties, taking for example the interpretation of the principle of non-discrimination in trade and investment treaties has been at best inconsistent, especially in investment treaty arbitration. This is an area that may call for learning from the trade jurisprudence. The WTO, from the cases seen and despite the regime’s own manifest problems, showed a more advanced and settled jurisprudence with its dispute settlement and appeal mechanisms. The trade regime employs Article 31(3)(c) in its interpretative processes, helping to sheath the sword of criticism and providing potential learning curves for the investment regime, a prelude to a future convergence. Convergence clearly has a multiplier effect because if the two regimes, trade and investment are to converge, that will definitely reduce the manifest inconsistencies, incoherence and contradictory findings.

Paper Type: Research Paper
Title: Public-Private Partnership in Pakistan: Aptness and Impediments
Author(s): Maryam Ahmad, Sohail Ahmad

Abstract: Governance is a serious matter of concern in Pakistan. The people of the country are suffering due to poor service delivery. The government of Pakistan considers paucity of resources especially financial resources as a main reason of bad governance of the country. Public-Private Partnership (PPP) can be a viable option for Pakistan in this situation to address the problem of dearth of resources and poor service delivery. Pakistan has implemented Public-Private Partnership (PPP) in different sectors since 90s but it is not very successful experiment. There are different impediments which hinder the successful completion of PPP projects in Pakistan which are explored in this paper through qualitative research methodology. This is cross-sectional and applied study. The primary data has been collected through structured interviews whereas secondary data has been collected through research articles, books and published reports on similar topic. The sample size of this research study is nine and this sample has been accessed through purposive sampling. The collected data has been analyzed through content analysis. The findings of this research study have identified three main types of challenges of PPP. The recommendations have given for tackling these challenges effectively for making Public-Private Partnership a successful venture in Pakistan.

Paper Type: Research Paper
Title: The Role of ICTs in Improving Livelihoods in Kenya: Perspectives from Pastoralists Communities
Author(s): Kadimah, Susan Otete

Abstract: Pastoralist communities in Africa occupy rangelands that are underdeveloped with harsh climate conditions worldwide. They live a nomadic lifestyle and derive their livelihoods from extensive livestock keeping. In Kenya pastoralists are faced with the same challenges but they are particularly vulnerable to poor infrastructures, draughts, perennial cattle rustling and isolation from access to social services. ICTs have the capacity to develop sustainable livelihoods of individuals’ and communities’ capital assets, capacity building, individuals’ capabilities, improving innovations, facilitating social networks and inspiring social and political participation. However, the major challenge is integrating ICT into the agricultural development of pastoralists whose lifestyle is nomadic. The purpose of this study was to look at the role of ICT in empowering pastoralists in in Kenya. The study employed the e-Resilience Framework. Purposive-sampling technique was adopted while qualitative data was collected using document analysis, interviews and reflective conversations methods. Primary data was collected from 10 key from Pastoralists, Kenya Research and Communication Network, key stakeholders from the Ministry of Agriculture and Non-Governmental Organizations. Qualitative methods were thematically analysed and for triangulation purposes. The findings established that, there is a great amount of development in the implementation of the ICTs services delivery in pastoral communities in Kenya. However, significant barriers for effective learning and utilization of ICTs for sustainable agro-pastoral livelihood still exist leading to acute challenges in delivery of timely information and knowledge about weather conditions and advise on animal husbandry to the users. It was further established that, it has been a challenge in coming up with innovative solutions that can enable policies that carter for pastoralists’ unique lifestyles. Language barrier was also identified to be a basic constraint in all tele-centres because most of the ICTs are written in English language, which as a result of high literacy levels led to lack of content conceptualised by most pastoralists. The study recommends that development of key ICT infrastructures, skills to use the technology and affordability of the same should be considered by counties inhabited by pastoralists in order to improve their livelihoods.

Paper Type: Research Paper
Title: An Analysis of the Advantages and Disadvantages of Using a Multimodal Transport System in the Carriage of Goods
Author(s): S. M. Shakil, Kazi Adnan Mostafa

Abstract: Initially, carriage of goods used to take place only through sea voyage. However, during the era of containerization multimodal transport arrangements has become very important and the parties of the international contracts are preferring multimodal contracts over traditional international contracts such as F.O.B. and C.I.F. contracts. This article aims at having an in-depth look on the good and bad sides of using multimodal transport arrangements in carriage of goods so that the readers can have a proper idea of the rules relating to this area. In order to do so the basic difference between contract of carriage and multimodal transport has been showed. After that, the main advantages and disadvantages of using multimodal transport have been intensively scrutinized. Despite providing numerous benefits to the parties involved in international contract, the problem regarding multimodal transport system is that it has no single convention and different legs (e.g. sea leg, road leg) are governed by different rules. Therefore, this article makes a proper research and analysis on the conventions relating to multimodal contract such as The Hague Rules, Hague- Visby Rules, Hamburg Rules and CMR. Besides, ICC Rules for Multimodal Transport Documents 1992 has also been critically discussed. Rotterdam Rules is the only rule which covers all the modes of transport in multimodal contract. Therefore, to bring out the positive and negative aspects of multimodal contract, a comprehensive analysis of this convention has been made.

Abstract: International law is supranational, and its fundamental rules are binding on all states. Its goals are to maintain peace, to protect human beings in a just order and to promote social progress in freedom. International Humanitarian Law (hereafter IHL) though formally codified in the 19th century, is not confined within its old version. With the development of technology, IHL has to widen its field. The latest development in the area of airborne attack as a means of warfare is the unmanned aerial vehicle known as a drone. It is a means of carrying arms to the target with that aerial machine and which is controlled remotely by an operator who actually remains in a safe place without being physically present on board the aircraft. This high-class technology gives rise to a lot of questions, debates, dilemmas and intricacies in the field of legal realism. The author in this research intends to ascertain the legality of a drone attack by a state party against non-state actors. In this regard, the author addresses and seeks to find the solution to these following questions like as what is the status of a drone, whether it is a weapon itself or just a means which carries weapons? What is the nature of the conflict between state and non-state actor under which drones are used? Can strike by a drone be conformed to the norms of International law? International Humanitarian Law does not answer specifically to these questions. A drone, which is being operated by human, containing arms should never be considered as the weapon itself but a means. Armed conflict between state and a non-state actor can be treated as international armed conflict and should be governed by IHL. Hence, the demand of time is to expand the domain of IHL to cope with the advancement of technology.