2024-03-28T15:49:20Z
https://www.cifilejournal.com/?_action=export&rf=summon&issue=19091
CIFILE Journal of International Law
CIFILE J. Int. Law
2563-6820
2563-6820
2021
2
4
The Brave New World of Foreign Investment in the Wake of Covid-19 Pandemic: Current Situation and Potential Disputes
Agata
Zwolankiewicz
The Covid-19 pandemic might have a negative effect on Foreign Direct Investment (FDI) worldwide. Namely, the pandemic may have a long-lasting impact on policymaking trends in the context of international investment law and international trade. It may accelerate the interventionism, protectionism, and reverse globalization trends already present in the changing landscape of international law. In this paper, the author will further examine the consequences of restricting and tightening foreign investment regimes worldwide. First, the author will analyze whether the Covid-19 pandemic and growing anti-globalization have decreased FDI and whether such decline is likely to continue in the future. Secondly, the author will examine whether implemented policies put the States at risk of facing ISDS claims. History teaches us that times of crisis attract an increased number of investment claims, e.g. Argentina faced about 50-known ISDS cases due to measures undertaken to combat the crisis.
FDI
ISDS
investor-state dispute settlement
Foreign Investment
BIT
2021
10
01
1
25
https://www.cifilejournal.com/article_130844_6005f8688b40c92771bf7aab75b84f85.pdf
CIFILE Journal of International Law
CIFILE J. Int. Law
2563-6820
2563-6820
2021
2
4
Doctrine of Constitutional Morality: Ammunition in Hands of Judiciary or Instrument of Justice?
Shelal
Rajput
This paper deals with the concept of constitutional morality in all and all in the Indian constitutional law context with a highlighting present development in the judiciary. The paper has covered all the fundamental aspects of doctrine of constitutional morality in toto from its source, significance and much more. The doctrine of constitutional morality is explained in details with its many meaning according to different notions of various scholars from George Grote’s history of Greece to the recent development of doctrine in the Indian context by judges in landmark judgements of Apex court. The paper deals with the true sense of doctrine of constitutional morality as what does it exactly means? Along with the ongoing debate as how this doctrine is just a weapon in the hands of Indian judiciary due to its wider scope and no reasonable restrictions on judiciary to use it by judiciary.
instrument
Justice
principle
Guardian of Constitution
Public
2021
10
01
26
43
https://www.cifilejournal.com/article_130845_6229af57fa127abadc797ea5b86195b2.pdf
CIFILE Journal of International Law
CIFILE J. Int. Law
2563-6820
2563-6820
2021
2
4
Examining Environmental Obligations in International Investment Law
Seyyed Ahmad
Rasi
International environmental law and international investment law are two important and fundamental disciplines of international law which play a fundamental role in human society today. In fact, one cannot live in societies without these two categories. Economic investments by companies in different countries require legislation and sometimes restrictive legislation. One of these methods is the application of environmental laws which is often overlooked in corporate investments. Every investor should invest with respect for the environment and always base their actions on the environment in their economic calculations. Thus, this research with a descriptive-analytical method will examine the issue of environmental obligations in investments, and in this regard, the article will examine the most important international issues. Research shows that investors often waive environmental commitments, but states can minimize the breach of these environmental commitments by enacting and enforcing strict and restrictive laws and regulations.
International Environmental Law
international investment law
Obligation
corporate investments
rules
2021
10
01
44
51
https://www.cifilejournal.com/article_132485_e2ce47d156ac028af6cc213473cd22f6.pdf
CIFILE Journal of International Law
CIFILE J. Int. Law
2563-6820
2563-6820
2021
2
4
Saving Toothless Tigers: How Canada Can Defend the WTO
German
Morales Farah
Julie
Ward
The World Trade Organization (WTO) is facing a legitimacy crisis due to changing power configurations in global politics and rapid economic integration. Dissatisfied with slow progress and outmoded trading rules, the United States (US) has systematically blocked appointments to the Appellate Body of the WTO dispute settlement system, thereby rendering it inoperable. As a middle power, Canada benefits from the rules-based multilateral order but, as a country dependent on larger players, Canada yields limited influence when it comes to international institutional change. Canada should make the effort to re-engage the US by seeking to appease recent anxieties and show a willingness to take on the task of reimagining a more modern and functional WTO. This paper considers some factors causing the current crisis (including the criticisms of the WTO Dispute Settlement System) and suggests a role Canada can and should take in defence of our ailing system of multilateral trade.
World Trade Organization
dispute settlement system
International Institutions
technology
global value chains
2021
10
01
52
71
https://www.cifilejournal.com/article_132915_add89615ef327eca852b7bf449d8e9d4.pdf
CIFILE Journal of International Law
CIFILE J. Int. Law
2563-6820
2563-6820
2021
2
4
Construction and Development of Dams on Transboundary Rivers under Precautionary Principle (A case study of the Kajaki dam)
Shirin
Shirazian
Ali
Karimidouzaji
mohammad saleh
Anisi
Kajaki dam construction and development on Hirmand/Helmand river affected the upstream and downstream of the river in a different situation. This construction project has been bringing lots of advantages for Afghanistan, on the other hand, Iran dealing with the majority of negative effects caused by the Kajaki dam development. Moreover, the lack of an environmental approach on the Hirmand water treaty 1973 limited the environmental obligation of the upstream state.Thus, the conduction of a new bilateral treaty with a focus on environmental issues instead of the current treaty will be decrease plenty of environmental problems and codify applicable regulation regarding environmental conservation. In this respect, to achieve the mentioned purposes parties should conduct the new treaty with the focus of an international environmental law principle, the precautionary principle due to its function and extension will be a great option to reach the environmental purposes.
Kajaki dam
International Environmental Law
Hirmand river
treaty
2021
10
01
72
85
https://www.cifilejournal.com/article_136144_3adbf630b6342721dc20626833e89473.pdf
CIFILE Journal of International Law
CIFILE J. Int. Law
2563-6820
2563-6820
2021
2
4
Positions of European leading parties with regard to the migration issue (The electoral processes in Europe)
Marina
Rodionova
Pavel
Seleznev
Dmitriy
Ezhov
Vadim
Zubov
The scientific paper is devoted to migration flows as one of the most urgent and acute unresolved issues in Europe. Migrants and refugees have already become an integral part of European society, but quite often this tendency leads to growing tensions and anxiety among the indigenous population. It is worth noting that not every state, not every political party is prepared to implement and support an open migration policy. Therefore, the author describes the pros and cons of migration policy as part of political parties’ programmes in Austria, Germany, and France; analyses public attitudes to migration flows and the views of the aforementioned countries’ leading parties on the implementation of a common migration regime. The shortage of migrants as a labour force during the COVID-19 pandemic may cause an economic downturn. The process of taking relevant measures to stabilise the situation will be discussed as well.
Migrants
migration policy
the European Union
electoral process
COVID-19
2021
10
01
86
95
https://www.cifilejournal.com/article_137630_421b70943eac8f3b8bb8ecb9ee481e99.pdf
CIFILE Journal of International Law
CIFILE J. Int. Law
2563-6820
2563-6820
2021
2
4
A legal reflection on the deployment of carbon capture and storage in developing countries through the lens of differentiation under the Paris Agreement
Reza
Maddahi
Some developing countries are keen on using carbon capture and storage for the mitigation of climate change, partly as a result of the climate commitments made by States under the Paris Agreement. One of the main pillars of the Agreement, which determines the climate duties and rights of States, is the concept of differentiation. The Agreement articulates the principle of common but differentiated responsibilities and respective capabilities in the light of different national circumstances by customizing commitments to the specificities of each of the Durban pillars—mitigation, adaptation, finance, technology and capacity-building. This article considers to what extent the modernized concept of differentiation is reflected in the provisions on mitigation, financial and technical supports and capacity building under the Agreement and how this may influence the deployment of carbon capture and storage in developing countries. While the Agreement represents a significant shift away from the traditional differentiation approach, the obligation to provide financial and technological support for mitigation efforts continues to fall predominantly on developed states. The innovative endeavours pertaining to expanding the mitigation commitments to both parties, the concept of ‘progression’, encouraging ‘other Parties’ to provide finance voluntarily, and introducing funding goals may have a positive influence on carbon capture and storage development projects in the future.
climate change
Mitigation
climate technologies
2021
10
01
96
113
https://www.cifilejournal.com/article_138443_cd1e18efa3b6930311fbcab6d82ca9eb.pdf