Environmental Law
Shadi Ghasemi; Sobhan Tayebi
Abstract
Today's generation of biosphere know it well that the requirement of life and existence is nothing but an inalienable protection of the inhabited planet and its environment that to maintain it extra efforts must be made. Although, states, through the governance and simple roles in the international arena, ...
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Today's generation of biosphere know it well that the requirement of life and existence is nothing but an inalienable protection of the inhabited planet and its environment that to maintain it extra efforts must be made. Although, states, through the governance and simple roles in the international arena, should, in compliance with the treaty system, prepare the ground for the adherence and implementation of environmental protection norms, but the role of citizens in environmental regulation as well as realization of the principles of participation and sustainable development is so vital. The question of this study is whether the bilateral interaction of environmental governance and crowdsourcing can lead to the more complete realization of environmental protection and regeneration? Nevertheless, the international community, based on the principle of necessity, should seek to investigate the dimensions of usage of crowdsourcing in resolving the environmental issues.
Culture and Technological Innovation
Ziauddin Sami Sabouri; Behnam Mehrdel
Abstract
From the beginning of the age of technology, every new idea, innovation, and invention has helped humans start a new era of economic growth. The prediction of an algorithmic revolution that can seriously challenge the global governance model is not far from expected. Here, governments should increase ...
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From the beginning of the age of technology, every new idea, innovation, and invention has helped humans start a new era of economic growth. The prediction of an algorithmic revolution that can seriously challenge the global governance model is not far from expected. Here, governments should increase their understanding of the potential impact of artificial intelligence and change their governance model in the context of the advancement of this technology. This critical issue needs to be solved in the new geopolitics and the future of technology. In this research, while examining the current and possible changes in the power factors of governments through artificial intelligence technologies, the new geopolitics of this technology is explained. The method used in this research is descriptive-analytical, and library tools and electronic resources used to collect data.
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.
Business Law
Agata Zwolankiewicz
Abstract
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 ...
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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.
Environmental Law
Abbas Poorhashemi; Sahar Zarei
Abstract
Environmental protection is confronted by many political, economic, and social problems. In the case regarding Whaling in the Antarctic, (Australia v. Japan: New Zealand Intervening) in March 2014, the International Court of Justice (ICJ) decided that the Japanese whaling programme in the Antarctic (JARPA ...
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Environmental protection is confronted by many political, economic, and social problems. In the case regarding Whaling in the Antarctic, (Australia v. Japan: New Zealand Intervening) in March 2014, the International Court of Justice (ICJ) decided that the Japanese whaling programme in the Antarctic (JARPA II, in force since 2005) did not consider as a “scientific research objectives.” In this perspective, the Court concluded that the catching, taking and killing of whales under this programme did not qualify as an exemption provided in the Article VIII of the International Convention for the Regulation of Whaling (1964), which authorizes the contracting parties the capture of whales for scientific research purposes. The purpose of this study is to examine and analyze the ICJ’s judgment in this case and to demonstrate the opportunities and challenges of this judgment in the progressive development of international environmental law.
European Law
Simona Belcheva
Abstract
Migration is a complex demographic, geographic, social, and economic process closely related to the natural movement of the population as a result of religious, ethnic, political, military, economic, or other reasons. This process is characterized by its complex nature and the problems associated with ...
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Migration is a complex demographic, geographic, social, and economic process closely related to the natural movement of the population as a result of religious, ethnic, political, military, economic, or other reasons. This process is characterized by its complex nature and the problems associated with it are multilayered and difficult to solve. The following article covers issues related to legal and illegal residence, respectively legal and illegal migration, international protection, trafficking in human beings, highly qualified employment, human rights, and other related problems. An even bigger problem is created due to the COVID-19 pandemic, which invariably affects the migration flows and movements, as well as the emergence of new types of legal problems and difficulties. The effect of the pandemic of each problem is reviewed and observed through the prism of the pandemic, the new COVID reality, and the adopted measures in that direction.
Human Rights
Shelal Lodhi Rajput
Abstract
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 ...
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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.
Environmental Law
shirin shirazian; mohammad saleh Anisi; Ali Karimidouzaji
Abstract
The adverse effects of the Covid-19 on the environment became a potential source of threats to the natural environment and human life. While a short range of temporal improvements can be seen during lockdown measures, but the virus is spreading out quickly among human societies and wildlife habitats.in ...
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The adverse effects of the Covid-19 on the environment became a potential source of threats to the natural environment and human life. While a short range of temporal improvements can be seen during lockdown measures, but the virus is spreading out quickly among human societies and wildlife habitats.in this situation international environmental law plays a vital role to adjust the legal interaction between the Covid-19 pandemic and state obligations. Regarding international law instruments, all countries are liable to the transmission of the virus and they should have taken precautionary measures. however, they do not meet the same obligations in this case. According to the common but differentiated principle (CBDR) although each state has the responsibility to participate on the protection of the environment from the global crisis, developed states due to their financial resources and technological facilities deal with a wider range of responsibilities.
Human Rights
Maria Stefania Cataleta; Anna Cataleta
Abstract
Artificial Intelligence (AI) is a kind of intelligence that was born in the 1950s and is an integral part of the digital revolution. Progress made by AI has permitted the birth of systems capable of rivalling human capacities or, in some cases, surpassing them. The progress of the intellectual capacities ...
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Artificial Intelligence (AI) is a kind of intelligence that was born in the 1950s and is an integral part of the digital revolution. Progress made by AI has permitted the birth of systems capable of rivalling human capacities or, in some cases, surpassing them. The progress of the intellectual capacities of AI will change the way of life for human beings and will revolutionise the world of employment. Intelligent systems present problems regarding individual rights and responsibilities, because as technology replaces more and more of what humans have typically done, our individual roles will become more blurred. The goal of this analysis is to measure the developments of AI in relation to its impact on society, in particular on human rights, fundamental liberties, and ethics. This is an unexplored topic within the vast field of AI upon which this paper will expound.
Environmental Law
Seyyed Ahmad Rasi
Abstract
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 ...
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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.
Environmental Law
Adane Damtew
Abstract
Contemporary, different impediments strongly challenge our planet. However, nothing can be equated with the problems encountered by the pollutions released from industries. These pollutions adversely affect the environment, health, social, and economic aspects of human beings. Countries have tried to ...
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Contemporary, different impediments strongly challenge our planet. However, nothing can be equated with the problems encountered by the pollutions released from industries. These pollutions adversely affect the environment, health, social, and economic aspects of human beings. Countries have tried to codify various international and domestic laws to oversee the problem. Besides making laws, Governments are looking for policy options. Among the options developed in the last half a century, Economic instruments (EIs) are the prominent approach. This paper aims to briefly discover vital issues of EIs with its role in protecting the environment. As the paper's findings revealed, EIs have played a pivotal role in protecting and curing the environment from hazardous waste. Thus, the paper urges the Governments to apply EIs properly in compliance with their respective situation. To achieve its objectives, the paper employed the doctrinal analysis method based on primary and secondary data sources.
Trade and Development Law
German Morales Farah; Julie Ward
Abstract
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 ...
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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.
Business Law
Manuchehr Tavassoli Naini
Abstract
Pour les parties privées, l’arbitrage est devenu la meilleure solution pour éviter le risque de l’immunité des Etats et éventuellement le déni de justice. Le résultat de ce recherche justifie que si dans le domaine de l’immunité de juridiction, ...
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Pour les parties privées, l’arbitrage est devenu la meilleure solution pour éviter le risque de l’immunité des Etats et éventuellement le déni de justice. Le résultat de ce recherche justifie que si dans le domaine de l’immunité de juridiction, on peut présumer qu’en adhérant à une convention d’arbitrage, l’Etat étranger a accepté la compétence de l’arbitre et reconnu par là implicitement à ne pas invoquer devant lui le bénéfice de l’immunité, ce n’est pas le cas de l’immunité d'exécution. Selon Convention des Nation Unies sur l’immunité des Etats il ne peut être procédé antérieurement au jugement à aucune mesure de contrainte contre les biens d’un État en relation avec une procédure devant un tribunal d’un autre État, excepté si et dans la mesure où l’État a expressément consenti à l’application de telles mesures dans les termes indiqués par une convention d’arbitrage ou un contrat écrit
Environmental Law
Shirin Shirazian; Ali Karimidouzaji; mohammad saleh Anisi
Abstract
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 ...
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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.
Environmental Law
Abbas Poorhashemi
Abstract
Le droit international de l'environnement tente de protéger l'environnement mondial en fixant des règles juridiquement contraignantes (Hard Law) et non contraignantes (Soft Law). Cependant, malgré tous les efforts internationaux visant à protéger l'environnement, la ...
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Le droit international de l'environnement tente de protéger l'environnement mondial en fixant des règles juridiquement contraignantes (Hard Law) et non contraignantes (Soft Law). Cependant, malgré tous les efforts internationaux visant à protéger l'environnement, la pollution et la destruction de l'environnement continuent d'augmenter dans les nombreux domaines. En effet, les préoccupations et les menaces environnementales d'aujourd'hui ont dépassé les prévisions des experts et des scientifiques lors de la première Conférence internationale sur l'environnement à Stockholm 1972. En réalité, le changement climatique, la pollution de l'air, des eaux et des sols, la perte de la biodiversité, la déforestation et la désertification sont les principaux problèmes auxquels est confronté le monde actuel. Dans ce contexte, cette étude basée sur une approche critique veut démontrer d’une part, la capacité existante pour le développement du droit international de l'environnement et d’autre part, les obstacles juridiques confrontés pour une protection mondiale de l’environnement.
European Law
Marina E. Rodionova; Pavel S. Seleznev; Dmitriy A. Ezhov; Vadim V. Zubov
Abstract
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 ...
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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.
Environmental Law
Reza Maddahi
Abstract
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 ...
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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.
