Trade and Development Law
Tayewo Adewumi; Joseph Aremo
Abstract
On 20th December 2023, the African Development Bank resolved to withdraw all its international members of staff from Ethiopia with immediate effect. This came as a result of the recent breach of diplomatic protocol and assault by Ethiopian security forces on two of the African Development Bank’s ...
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On 20th December 2023, the African Development Bank resolved to withdraw all its international members of staff from Ethiopia with immediate effect. This came as a result of the recent breach of diplomatic protocol and assault by Ethiopian security forces on two of the African Development Bank’s international members of staff who were unlawfully arrested, assaulted, and detained for hours without any explanation. This was considered a gross violation of their diplomatic immunities, rights, and privileges under the Agreement Establishing the African Development Bank, of which Ethiopia is a signatory. This article discusses the legal implications of the breach on the relationship between the Bank and Ethiopia. The article considers the international legal instruments on diplomatic relations and observes that there is no excuse for such behaviour. The article concludes that a proper investigation should be carried out on this issue, and those found culpable should be dealt with. Security forces are to be well-informed to respect diplomatic relations.
Human Rights
Amin Mohammadzadeh
Abstract
The present study was conducted with the purpose of a legal review of the determination of the Security Committee on the development and progression of international law with an emphasis on international peace and security in international law. Given that the founders of the United Nations considered ...
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The present study was conducted with the purpose of a legal review of the determination of the Security Committee on the development and progression of international law with an emphasis on international peace and security in international law. Given that the founders of the United Nations considered the Security Committee as the most important organ, It was necessary for the organization to provide the most authority to the Council, so they gave two kinds of performance to the Council: first, the peaceful determination of disagrees, which enabled the Council to investigate and recommend a conflict. A circumstance that threatens international concord and protection, and secondly, the Council's threats to peace and aggression (Chapter VII.) In other words, the main tasks of the Council are the implementation of the sixth and seventh chapters of the Charter. Many international organizations of internal affairs manage their structure in the form of a resolution endorsed by the members. Among these executive decisions, we can decide on the formation of special organs within the organization, the acceptance of new members, the transformation of affiliated entities, budget decisions, etc. The Council could also make binding decisions since all UN member states have agreed, in conformity with Article 25 of the Charter, to make judgments of the Security Committee in accordance with the Charter. Of course, the general impression is that the Council's binding decisions are taken only in cases of "threats to peace, violations of peace or threats to peace and acts of rape". But deciding whether such conditions have been fulfilled is under the mastery of the Security Committee under Article 39 of the Charter. And as soon as the Committee concludes that there is a threat to peace or other conditions, it may advise the parties concerned or what steps should be taken to sustain peace (Article 39 of the Charter). Make appropriate decisions. The results showed that the resolutions are of particular importance in terms of plurality and power, but due to their lack of precision, their position among international sources of law has been the source of doubt and wide-ranging questions.
Human Rights
Gregorio Salatino
Abstract
This article offers a comprehensive analysis of the arguments put forth by Mr. Putin during his address to the citizens of Russia on 24 February 2022, where he announced a “special military operation” in Ukraine. The author critically examines these arguments through the lens of international ...
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This article offers a comprehensive analysis of the arguments put forth by Mr. Putin during his address to the citizens of Russia on 24 February 2022, where he announced a “special military operation” in Ukraine. The author critically examines these arguments through the lens of international law, providing an in-depth analysis of their legal implications. In particular, the article begins with some key excerpts from Mr. Putin’s address on 24 February 2022. Afterwards, in order to clarify the framework that surrounds the circumstances under examination, the article provides a general overview of the fundamental principles of International Law. The article then delves into the issues of NATO expansion to the East and the situation in the People’s Republics of Donetsk and Luhansk. Additionally, the article explores Mr. Putin’s use of the term “special military operation” (rather than “war”) and the concept of “denazification”, shedding light on these terms.
Culture and Technological Innovation
Ghasemali Sabouri; Dorna Ahmadi darani
Abstract
a world without discrimination is a requirement of peace and tranquility, and the efforts of the United Nations and its affiliated organizations, such as the committee on the Elimination of Racial Discrimination (CERD), aim to achieve these goals.some of which have led to lawsuits in the International ...
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a world without discrimination is a requirement of peace and tranquility, and the efforts of the United Nations and its affiliated organizations, such as the committee on the Elimination of Racial Discrimination (CERD), aim to achieve these goals.some of which have led to lawsuits in the International Court of Justice and the Committee on the Elimination of Racial Discrimination. However, there are essential points, such as the correct definition of racial discrimination and its various forms. In this paper, the concept of racial discrimination in international documents and conventions has been explained. Then the case of Qatar against the UAE on the subject of racial discrimination is investigated in the position of the International Court of Justice and the Committee on the Elimination of Racial Discrimination. Finally, By presenting the proceedings in the International Court of Justice and the Committee on the Elimination of Racial Discrimination.
Criminal Law
Shima naderi; Majid Motallebi
Abstract
The right to environment is viewed as a concept of human rights third generation in the international arena. Since the environment is recognized as a common heritage of humanity in international documents so as not to endanger the lives of present and future generations, damage to this rich heritage ...
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The right to environment is viewed as a concept of human rights third generation in the international arena. Since the environment is recognized as a common heritage of humanity in international documents so as not to endanger the lives of present and future generations, damage to this rich heritage must be prevented or reduced using explicit criminal law requirements in treaties and conventions. The study depicts the criminal protection of the right to a clean environment through library tools with a descriptive-analytical method aimed at presenting the governments’ role in international environmental conventions. Governments only have civil liability for environmental degradation. However, considering the environment as a common heritage of humanity, crimes against it are considered as crimes against humanity. On the other hand, these crimes jeopardize international peace and security; therefore, the wrongdoing government can be prosecuted under Chapter 7 of the UN Charter and convicted to paying compensation.
Abbas Poorhashemi
Abstract
This article aims to describe and analyze the challenges and opportunities for the development of international law. It attempts to provide some knowledge regarding global issues that requires an immediate collective response from the international community. Creating a better world for present and future ...
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This article aims to describe and analyze the challenges and opportunities for the development of international law. It attempts to provide some knowledge regarding global issues that requires an immediate collective response from the international community. Creating a better world for present and future generations require measures and anticipation of future crises (environmental challenges, global warming, human rights, health issues, discriminations, demographic growth, etc.). Significant transformations are taking place in the world, and that they will require a new approach to global governance. COVID-19 pandemic had and will have profound and lasting economic, political and social consequences in every corner of the globe. However, international law as a body of law that governs relations between states, international organizations and private persons exposes its vulnerabilities. Recent developments in the international community have made awareness of international law necessary and inevitable as the fully effective law of a fully functioning global society.
Criminal Law
Delphine Defossez
Abstract
Today’s challenges scream for a different type of response. Globalization and the emergence of new transnational threats, such as terrorism, have created new realities and fundamentally changed the nature of the purpose of international law. International law can help set up a framework, but terms ...
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Today’s challenges scream for a different type of response. Globalization and the emergence of new transnational threats, such as terrorism, have created new realities and fundamentally changed the nature of the purpose of international law. International law can help set up a framework, but terms of homeland defence to make the country less vulnerable have to be set by each country. Until now, no international definition of terrorism has been produced, creating tensions between states and allowing states to enact laws against the opponents to the regime. At the same time, one of the reasons for the lack of definition at international level is that countries stick to their national vision of terrorism. This vicious circle raises the question of whether it is not time to abandon the domestic approach to international law in order to successfully define terrorism at international level.
Daniel Freire e Almeida
Abstract
This working paper is divided into three sections that provide the relevant knowledge and innovative arguments of the internal organization of the International Tribunal for the Internet. It is significant noted that the innovative proposal is a result of the challenges that international law has been ...
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This working paper is divided into three sections that provide the relevant knowledge and innovative arguments of the internal organization of the International Tribunal for the Internet. It is significant noted that the innovative proposal is a result of the challenges that international law has been suffering from the new digital dimensions provided by the Internet and Electronic Commerce, including a General Assembly, the General Secretariat, the Judge’s Chamber, the Chamber of Prosecutors, the International Association of Lawyers, and the Diplomats of the Tribunal. This article in fact has as its main objective to present the organizational structure formulated by the author to create an International Tribunal for the Internet. All therefore to be established due to the challenges that the jurisdictions of the national and regional spaces confront to apply their judicial decisions and laws in the international dimension of the Internet.
Bostjan M. Zupancic
Abstract
This paper is a Chapter from the author’s latest book, ON THE EUROPEAN COURT OF HUMAN RIGHTS, Eleven Publishing, 2019. The work is an attempt at a critical understanding of the spirit of the European Convention on Human Rights (ECHR) as implemented, by the European Court of Human Rights in Strasbourg ...
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This paper is a Chapter from the author’s latest book, ON THE EUROPEAN COURT OF HUMAN RIGHTS, Eleven Publishing, 2019. The work is an attempt at a critical understanding of the spirit of the European Convention on Human Rights (ECHR) as implemented, by the European Court of Human Rights in Strasbourg (ECtHR) – starting with the appointment of the “new Court” in 1998 and up to 2016. The Court, which had begun to function in 1959, has been ever since at the intersection of the two great Western legal traditions. In this perspective, “human rights” are the procedural safety valve, a conduit to the international jurisdiction supposedly capable of resolving authoritatively what could not have been resolved domestically. It is illusory to search in this context for the “essence” of human rights since here “human rights” is practically everything that could not have been properly adjudicated at the domestic level.
