International Law under a new Digital Dimension
Daniel
Freire e Almeida
Postdoctoral researcher and Professor at Georgetown University (Washington-DC- USA)
author
text
article
2019
eng
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.
CIFILE Journal of International Law
Canadian Institute for International Law Expertise (CIFILE)
2563-6820
1
v.
1
no.
2019
1
8
https://www.cifilejournal.com/article_94053_950bffb78a3daaf441afc9fdd284653c.pdf
dx.doi.org/10.30489/cifj.2019.94053
Nigeria in a Quandary of Trade Negotiation under Three Main Economic Integrations
Jonathan
Aremu
Professor of Covenant University,
Nigeria
author
text
article
2019
eng
Though being a member of WTO since its inception in 1995, Nigeria is in addition faced with three economic integration arrangements, that is: Economic Community of West African States (ECOWAS)-Common Trade Policy (CTP); economic partnership agreement (EPA) with European Union (EU); and African Economic Community (AEC) with African Union (AU) Members, under its first phase known as African Continental Free Trade Area (AfCFTA). At the conclusion of each of the three main economic integration the country was involved in, Nigeria came up with excuses that she needed additional consultations despite being part of the various processes leading to such conclusion. Without a national trade policy to guide her decision in the process and sequence of negotiation in these three economic integration agreements, Africa’s biggest economy is in a quandary situation of what to do next. This paper attempts examining these issues with a view of offering possible solution.
CIFILE Journal of International Law
Canadian Institute for International Law Expertise (CIFILE)
2563-6820
1
v.
1
no.
2019
9
16
https://www.cifilejournal.com/article_93908_fb59e9c94496281421927ff45d48c4fe.pdf
dx.doi.org/10.30489/cifj.2019.93908
European Fund for Strategic Investment - Does it need extra action to make a full success?
Kristina
Gogić
Lawyer, Lecturer, Author,
Law School University of Zagreb, Croatia
author
text
article
2019
eng
European Fund for Strategic Investment (EFSI), (a regulation entered into force in 2015.) is one of the three pillars of the Investment Plan for Europe and it is the central pillar. It aims to tackle the lack of confidence and investment which resulted from the economic and financial crisis during which the level of investements dropped of by about 15%. The Investment Plan for Europe, has three objectives: to remove obstacles to investment; to provide visibility and technical assistance to investment projects and to make smarter use of financial resources. The EFSI is an EU-budget guarantee providing the EIB Group with a first loss protection. European Court of Auditors (ECA) made in 2019. a special report on the actual situation regarding investments project financed through the EFSI, for the period July 2015.-2018. ECA concluded that EFSI has been effective in raising finance to support substantial additional investment in European Union.
CIFILE Journal of International Law
Canadian Institute for International Law Expertise (CIFILE)
2563-6820
1
v.
1
no.
2019
17
21
https://www.cifilejournal.com/article_93909_c5260feba21eaf3421f36a3900138339.pdf
dx.doi.org/10.30489/cifj.2019.93909
“Environmental Damage”: Challenges and opportunities in International Environmental Law
Yalda
Khalatbari
PhD. Dept. of Environment Law, Faculty of Environment and Energy, Science and Research Branch, Islamic Azad University. * Corresponding author’s
author
Abbas
Poorhashemi
Scientific Member & President of the Canadian Institute for International Law Expertise (CIFILE), Toronto, Canada
author
text
article
2019
eng
The consensus of the concept of “environmental damage” by the international community is crucial to address the issues concerning liability and responsibility of states in international environmental law. Moreover, compensation of environmental damage is very difficult to achieve in international environmental law. "Compensation" is reparation applying for loss or damage as a result of acts or omissions that are subjects of international law and the effect of natural disasters on the people, property and the environment. The complexity of human-caused environmental damage, the limit of prevention and compensation of damage in the national, regional and global context are the main limit of the development of international law.. The initial aim of this paper is to examine the evolution of the concept of “environmental damage” in international environmental law, and secondly, to determine the challenges of this concept in international environmental law.
CIFILE Journal of International Law
Canadian Institute for International Law Expertise (CIFILE)
2563-6820
1
v.
1
no.
2019
22
28
https://www.cifilejournal.com/article_93906_a525c027c8de41f366d310aabf871a94.pdf
dx.doi.org/10.30489/cifj.2019.93906
A Review of International Green Economy and Green Tax Policies
Elahe
Pourkarimi
CIFILE Journal Executive Manager, Researcher at Center for Environment and Sustainable Development, Department of the Environment, Tehran, Iran
author
yousef
Hojjat
Department of Mechanical Engineering, Tarbiat Modarres University, Tehran, Iran.
author
text
article
2019
eng
The global green economy mechanism is considered in some international environmental documents to achieve sustainable development. Promoting environmental-friendly technologies, protecting natural capital, improving employment and reducing poverty, along with expanding investment and technology, are based on green economy policies. Green taxation is one of the tools of the green economy policy for the deployment of sustainable technologies. This research is based on the analysis of law and environmental documents with the green economy approach. From the most important green tax strengths, weaknesses, opportunities and threats (SWOT) has been identified in this paper, deployment of environmentally friendly technologies, the possibility of reducing production, the cost of non-environmentally-friendly goods and create economic incentives to businesses with less pollution, Undesirable effects on highly dependent energy entities and increase the scope of rents and administrative corruption for tax evasion. Ultimately, policies such as labeling and other methods of engaging in public participation are presented.
CIFILE Journal of International Law
Canadian Institute for International Law Expertise (CIFILE)
2563-6820
1
v.
1
no.
2019
29
36
https://www.cifilejournal.com/article_93935_ed4dbdf62bbefc8f8770320e0a1b02bd.pdf
dx.doi.org/10.30489/cifj.2019.93935
Soft and Hard Trends of Prevention
Outi
Korhonen
Professor at University of Turku
Helsinki Area, Finland
author
Johanna
Friman
LL.D., University of Turku, Finland
author
text
article
2019
eng
Insecurity is a major plague, the eradication of which has been set as a goal. It is produced by cycles of conflict drivers including injustice, inequality, poverty, environmental degradation, water shortage, poor health, unemployment, social exclusion and other human rights problems; and, therefore, should be prevented holistically. Despite general agreement that proactive is preferable to reactive, success is poor. This article argues that renewed trends of prevention in both soft and hard security fields are discernible as sovereignty yields to interdependence with accompanying calls for earlier and more global warning and action. Traditionally, the policies of international actors have oscillated between and periodically combined two approaches: one, repressive containment and, two, developmentalism combined with humanitarianism. The fundamental question is whether the oscillation between hard and soft prevention has contributed to the loss of faith in international security institutions, and if so, what could be done to reach beyond institutional equivocation.
CIFILE Journal of International Law
Canadian Institute for International Law Expertise (CIFILE)
2563-6820
1
v.
1
no.
2019
37
45
https://www.cifilejournal.com/article_93907_360dd4889a57b1f1d92754da89444833.pdf
dx.doi.org/10.30489/cifj.2019.93907
A Perspective from the Presumed “Essence” of Human Rights: The European Court of Human Rights
Bostjan
Zupancic
Professor of Law & Former Judge of the European Court of Human Rights (ECHR), Strasbourg, France
author
text
article
2019
eng
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.
CIFILE Journal of International Law
Canadian Institute for International Law Expertise (CIFILE)
2563-6820
1
v.
1
no.
2019
46
51
https://www.cifilejournal.com/article_101239_a533d4e8788735e05a1d484926a31bb0.pdf
dx.doi.org/10.30489/cifj.2020.204874.1011