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 ...
Read More
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.
Environmental Law
Sahar Zarei; Negin Mosavi Madani
Abstract
Environmental protection and sustainable development are the most important issues which show typically interdependence between cultural, economic, political, social and environmental aspects at the national, regional and global dimensions. International cooperation for environmental protection and sustainable ...
Read More
Environmental protection and sustainable development are the most important issues which show typically interdependence between cultural, economic, political, social and environmental aspects at the national, regional and global dimensions. International cooperation for environmental protection and sustainable development is one of the pillars of the second half of the 20st and 21st centuries. It is important to note that international environmental cooperation involves many issues in global and regional dimensions. In addition, this cooperation in environmental protection takes two forms in Institutional and Non institutional cooperation. For this purpose, this research aims to analyze the international cooperation for environmental protection in the multidisciplinary approach in two principal parts: Global & Regional cooperation and Institutional & Non institutional cooperation. The paper also examines the legal basis of international environmental protection. Finally, this study has found that institutionalization of international cooperation is a key of the implementation of international environmental law.
Business Law
Łukasz Żarnowiec
Abstract
Despite the over 30-year period of validity, rich jurisprudence and numerous studies devoted to it, the application of the provisions of the 1980 United Nations Convention on Contracts for International Sale of Goods still causes numerous problems for courts and participants in international trade. Especially ...
Read More
Despite the over 30-year period of validity, rich jurisprudence and numerous studies devoted to it, the application of the provisions of the 1980 United Nations Convention on Contracts for International Sale of Goods still causes numerous problems for courts and participants in international trade. Especially controversial are issues relating to the scope of the Vienna Uniform Sales Law, including in particular: the question of its application to the sale of digital content, the assessment of the validity of the contract in regard to the content, the interpretation of contractual provisions which do not directly constitute the matter of a sale, or the identification of the parties to the contract. The Judgment of the Dutch Court, Rechtbank Midden-Nederland of March 25, 2015, issued in a dispute between a Canadian computer software vendor and its Dutch users, provides an opportunity to take a closer look at these issues. The main issues this study tries to address are the application of the Vienna Convention to the provision of digital content made available via the Internet, as well as the interpretation of contractual provisions not directly constituting the matter of a sale but related to it. Another examined issue is the law applicable to the identification of the parties and to the validity of the contract with regard to its content. The research is based on the interpretation and critical analysis of the available literature and jurisprudence, with particular emphasis on the Judgment passed by Rechtbank Midden-Nederland on March 25, 2015.
European Law
Kristina Gogić
Abstract
The digitalization of justice and digitalization, in general, is a priority of the European Union (EU) for the digital age. When the pandemic of coronavirus started, the cross-border court procedures were in paper format and hearings were held in person. COVID-19 brought changes faster because it wasn't ...
Read More
The digitalization of justice and digitalization, in general, is a priority of the European Union (EU) for the digital age. When the pandemic of coronavirus started, the cross-border court procedures were in paper format and hearings were held in person. COVID-19 brought changes faster because it wasn't possible to continue the cross-border court procedures that way, during the strong waves of the pandemic, because of the health protection measures. So, the procedures started digitally in some European Union (EU) countries. Every government in the EU and worldwide had to act quickly and bring new court procedures and regulations. Then, courts and the Member States (MS) Bars had/have to implement these regulations in their rules. As it is known, attorneys at law represent clients in court. So many things had to be set to have a cross-border digital hearing.
Environmental Law
Sreenivasulu Neeruganti Shanmuka
Abstract
Water is precious and is the lifeline of all the living entities in this universe. Earth, Sky, Air, Fire and water are the five essential spears or elements (pancha bootha) considered sacred on the earth and as well in this universe. More importantly, water occupying two-thirds of the earth's space has ...
Read More
Water is precious and is the lifeline of all the living entities in this universe. Earth, Sky, Air, Fire and water are the five essential spears or elements (pancha bootha) considered sacred on the earth and as well in this universe. More importantly, water occupying two-thirds of the earth's space has been a vital aspect of life on the planet. The water makes life on the earth possible, and is why cores of living entities live on the earth. India is a spiritual country with a diversified culture where water is considered holy and believed to have the power to liberate the soul. Water is worshipped as a god, and we admire water as a mother Ganga flowing from the hair of Lord Shiva, who happens to be the cleanser of the universe. In contrast, Lord Brahma happens to be the creator, and Lord Vishnu is the ruler who governs the entire universe and all the spears of life.
Trade and Development Law
Sreenivasulu N S
Abstract
The book attempts to present the law relating to biotechnology regulation at international, regional and national levels. The various legal issues pertinent to biotechnology including but not limited to policy issues, intellectual property issues, trade related aspects of biotechnology, environmental ...
Read More
The book attempts to present the law relating to biotechnology regulation at international, regional and national levels. The various legal issues pertinent to biotechnology including but not limited to policy issues, intellectual property issues, trade related aspects of biotechnology, environmental concerns of biotechnology, biodiversity matters of biotechnology, human rights concerns in biotechnology have been debated with the help of various international documents and judicial decisions made by the international legal institutions and as well judicial bodies in the select regions such as USA, UK, Europe and India. At the out set the book attempts to present and analyze the law relating to biotechnology in a lucid way while analyzing the historical, colonial, 20th century and as well contemporary developments in this regard. At the moment there is no book which is similar to the current one analyzing most of the touching issues of law and policy on biotechnology.
Jonathan Aremu
Abstract
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 ...
Read More
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.
Environmental Law
Alois Aldridge Mugadza
Abstract
Deforestation and forest degradation have many disastrous effects which threatened human life and other species. The main effects of deforestation and forest degradation are desertification, biodiversity loss and climate change. However, the Bonn Challenge if fully realized can reduce some of these effects ...
Read More
Deforestation and forest degradation have many disastrous effects which threatened human life and other species. The main effects of deforestation and forest degradation are desertification, biodiversity loss and climate change. However, the Bonn Challenge if fully realized can reduce some of these effects by reforestation and afforestation. Forest governance will need to be strengthened by recognizing human rights and building synergies. Since there is no international instrument for forest protection, forest governance will play a huge part in reducing deforestation and forest degradation. Human pressures on earth are causing an increase in species extinction, estimated to be more than before the industrial revolution. There are various consequences to deforestation and forest degradation, including that of life change globally. The most overt impact of deforestation is desertification, climate change and biodiversity loss. It must be noted that when these impacts of deforestation take effect, life on earth will eventually change.
Human Rights
Taha Mousavi Mirkalaei; Savalan Mohammadzadeh
Abstract
The present article includes a comparative study of the Islamic and Western approaches to human rights, and the general orientation of this review concentrates on the Universality and Relativism of human rights. The Western approach claims the universality of these rights and believes they are ultra-spot ...
Read More
The present article includes a comparative study of the Islamic and Western approaches to human rights, and the general orientation of this review concentrates on the Universality and Relativism of human rights. The Western approach claims the universality of these rights and believes they are ultra-spot and timeless, despite the diversity of cultures, ethnicity and religions. Thus, it supposes its innovative human rights are extensible elsewhere in the world. The Islamic approach, emphasizing Human Nature as a common unity of all humans, also believes in universal ultra-spot and timeless human rights. However, it essentially and fundamentally disagrees with the western approach. Meanwhile, religious intellectualism accepts the universality of western human rights despite relying on the philosophical foundations of relativism. The present article analyses the existing duality in the positions of intellectualism due to the current dialectic between Islam and western human rights law.
Zahra Amouzadrad
Abstract
One of the issues that have been raised in civil liability law from the past is the injured person's act and his fault in causing damage to himself and its impact on civil liability lawsuits. The problem is that whenever the injured person has committed a fault in the damage on himself. Although his ...
Read More
One of the issues that have been raised in civil liability law from the past is the injured person's act and his fault in causing damage to himself and its impact on civil liability lawsuits. The problem is that whenever the injured person has committed a fault in the damage on himself. Although his responsibility is effective or has a role in the damage, in the law of Iran and France, it doesn't cause the injured person to be completely deprived of compensation and doesn't cause the irresponsibility of the perpetrator damage. Still, it also reduces the liability of the perpetrator of the harmful act. In Iranian law, the perpetrator of the harmful act and the injured person share equally in the occurrence of damages. Still, in French law, the extent of the impact of each cause on the occurrence of injuries is the Criterion. This issue is more advanced in Iranian law than in French law due to the rule of action; because the division of liability was accepted from the beginning. Therefore, in this dissertation, by referring to authoritative books and articles in this field, the subject has been studied by analytical and descriptive library methods.
Environmental Law
Sobhan Tayebi; Zeinab Mazinanian
Abstract
Today, different groups of activists have failed to improve the climate regime. Climate change and global warming are regarded as two factors, which play a significant role in threatening human security since food shortages, water scarcity, environmental degradation, poverty, disease outbreaks, and mass ...
Read More
Today, different groups of activists have failed to improve the climate regime. Climate change and global warming are regarded as two factors, which play a significant role in threatening human security since food shortages, water scarcity, environmental degradation, poverty, disease outbreaks, and mass migration can separately lead to national security, which will undermine and contribute to the failed government scenario. In the domestic and global arena, the security of the modern government becomes meaningful with respect to superior power, and the society is considered insecure even if it faces with a lack of threats. In the modern national security discourse, we see an increase in security software, in addition to its hardware. The present study aimed to provide an analysis of the environmental impacts of climate change on national security in the context of international environmental law through a cross-disciplinary approach to international law and geopolitics.
Kristina Gogić
Abstract
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 ...
Read More
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.
Trade and Development Law
Sanae Bouyayachen
Abstract
Le droit international des investissements fait face à de nouveaux défis à l’échelle internationale et plus particulièrement en Afrique. L’analyse de cette branche du Droit est désormais à la croisée de différentes autres disciplines. ...
Read More
Le droit international des investissements fait face à de nouveaux défis à l’échelle internationale et plus particulièrement en Afrique. L’analyse de cette branche du Droit est désormais à la croisée de différentes autres disciplines. Le droit international des investissements doit donc se refondre afin de répondre à un nouvel ordre économique international. L'Afrique se positionne dans cette optique et tente de rééquilibrer la donne sur le continent qui a été lésé par la rédaction des traités bilatéraux d'anciennes générations qui n'incluent pas les prérogatives de l'Etat hôte en matière de protection de l'environnement et des Droits de l'Homme. Notre étude va tenter de démontrer les aspects cohérents et incohérents de l’approche africaine du Droit international des investissements en appréhendant à la fois l'élément procédural et l'élément matériel et en mettant en avant la jonction de ce Droit avec les nouvelles dynamiques continentales et l'intégration régionale du continent.
Human Rights
Sreenivasulu N S
Abstract
The COVID-19 pandemic has created an unprecedented scene and situation across the globe in terms of the health of people at large. Hitherto unknown, unheard and unprecedented health emergency it has created which was never foreseen and anticipated by any wild stretch of the imagination by anyone. It ...
Read More
The COVID-19 pandemic has created an unprecedented scene and situation across the globe in terms of the health of people at large. Hitherto unknown, unheard and unprecedented health emergency it has created which was never foreseen and anticipated by any wild stretch of the imagination by anyone. It has called for Resolution of the World Health Assembly[1], which recognizes that the COVID-19 pandemic has an impact on the poor and the most vulnerable, with repercussions on health and development gains, in particular in low-income countries. It further calls on cooperation between multilateral organizations and other stakeholders and the World Health Organization (WHO) to identify and provide options that respect the provisions of relevant international treaties, like the TRIPS Agreement and the flexibilities within TRIPS Agreement for ensuring Public Health. It is indeed required that, as proposed in the Doha declaration, flexibilities within the TRIPS agreement be used in protecting public health at large in the COVID pandemic times. Such flexibilities could include scaling up the development, manufacturing and distribution of medicines, including the vaccines, injunctions, capsules and tablets used in treating the COVID at present. It is also required that capacities be built for transparent, equitable and timely access to quality, safe, affordable and efficacious diagnostics, therapeutics, medicines, and vaccines for the treatment of COVID. It can be ensured only by using the flexibilities under international agreements like TRIPS while promoting the innovation in pharma for finding better solutions for COVID. [1] World Health Assembly (WHA) Resolution 73.1 of 19 May 2020,
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 ...
Read More
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.
Yalda Khalatbari; Abbas Poorhashemi
Abstract
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 ...
Read More
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.
Kudakwashe Zvikomborero Mapako
Abstract
International humanitarian law is a body of rules that regulate means and methods of warfare in an armed conflict in order to mitigate if not avoid lose of civilian lives and for those who are no longer taking direct part in hostilities. A non-international armed conflict involves armed confrontation ...
Read More
International humanitarian law is a body of rules that regulate means and methods of warfare in an armed conflict in order to mitigate if not avoid lose of civilian lives and for those who are no longer taking direct part in hostilities. A non-international armed conflict involves armed confrontation between a state and belligerent groups, insurgent groups, armed militias or armed groups or armed confrontation between armed groups within a state. This paper attempts to examine the effectiveness of International humanitarian law in non international armed conflict. It also delves into the refinement and interpretation of International Humanitarian Law in non international armed conflict by paying attention to the International Humanitarian law mechanism and developments as far as non international armed conflict is concerned.This paper also pays attention to the transition of armed groups means of engagement vis-a-vis application of international humanitarian law jurisprudence.
Trade and Development Law
Yasmin Salama
Abstract
Over the past decades, transnational corporations have come under increasing public scrutiny for their involvement in human rights abuses, particularly in developing countries. One may think of violent acts against local communities, slave labor, and grand-scale environmental pollution. International ...
Read More
Over the past decades, transnational corporations have come under increasing public scrutiny for their involvement in human rights abuses, particularly in developing countries. One may think of violent acts against local communities, slave labor, and grand-scale environmental pollution. International investment law protects and safeguards the rights of foreign investors but falls short of holding them accountable to societies where they operate. A few arbitral tribunals have grappled with the question of whether corporations could be held accountable for illegalities that constitute human rights violations inflicted upon the host state and its people. Arbitral case law suggests that the outcome of the case as to whether host states ought to be compensated for such violations varies based on how the illegal conduct is framed and the source of the liability-creating rules alleged to have been breached. This article discusses the arbitral treatment of corporate human rights violations by investment tribunals (Incomplete)..
Criminal Law
Peyman Namamian
Abstract
International Criminal Court (ICC) has no jurisdiction over the crimes of terrorism. Initially, combating terrorism served as the motivation toward creating an ICC. In 1937, under the auspices of the League of Nations, an international convention against terrorism and an annexed statute of ICC were drafted. ...
Read More
International Criminal Court (ICC) has no jurisdiction over the crimes of terrorism. Initially, combating terrorism served as the motivation toward creating an ICC. In 1937, under the auspices of the League of Nations, an international convention against terrorism and an annexed statute of ICC were drafted. Neither of these documents entered into force. Contemporary international criminal law, however, focuses on the prosecution and punishment of crimes committed in connection to large-scale armed conflicts. The only solution to eradicate terrorism is the consensus of the governments in a comprehensive document on the definition, examples, exceptions and criminal mechanisms in the fight against terrorism. Until then, we cannot expect international criminal law to fight terrorism well, and we will witness an increase in the number of victims of this sinister phenomenon.However, Rome Statute has gone into action and the court will begin its activity toward achieving the goals.
Trade and Development Law
Hamid Gharavi
Abstract
When Britain announced in 1968 its withdrawal from the Persian Gulf, Iran reiterated its historical claim to sovereignty over the territory of Bahrain. This article contains the first ever analyses of thousand pages of declassified secret UK archives from 1968-71 and how the UK, the Shah of Iran and ...
Read More
When Britain announced in 1968 its withdrawal from the Persian Gulf, Iran reiterated its historical claim to sovereignty over the territory of Bahrain. This article contains the first ever analyses of thousand pages of declassified secret UK archives from 1968-71 and how the UK, the Shah of Iran and the local Sunni governance of Bahrain agreed on a staged procedure and outcome, under the auspices of the UN Secretary General: This was for the Shah of Iran to save face and to persuade via this undue scheme the Parliament of Iran and the UN Security Council to give its consent to the renunciation of Iran’s claims and to Bahrain’s independence under the Sunni as opposed to Shia governance. The matter may lead to Iranian claims before UN and ICJ, as the Maurius has successfully done during last year over the Chagos Archipelago, or during ongoing negotiations with Gulf powers.
Elahe Pourkarimi; yousef Hojjat
Abstract
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 ...
Read More
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.
Environmental Law
Abbas Poorhashemi
Abstract
The purpose of this paper is to describe and analyze the challenges and opportunities for the development of international environmental law. This article is a brief description of "international environmental law" as a new branch of public international law. Further, it attempts to provide some knowledge ...
Read More
The purpose of this paper is to describe and analyze the challenges and opportunities for the development of international environmental law. This article is a brief description of "international environmental law" as a new branch of public international law. Further, it attempts to provide some knowledge on the sources and principles of international environmental law. The environmental problems in the contemporary world are amongst the most urgent that requires an immediate collective response from the states. Since the environment is a transboundary issue, a single country's effort is not enough, but all countries have to collaborate. In this regard, the solution may be twofold: either work together on having an international instrument or at least give similar concern to environmental problems in domestic environmental law. As we all are living together on this planet, the best way is, yet, working together on implementing international environmental law.
Jabeur Fathally
Abstract
La littérature juridique musulmane classique foisonne d’interprétations légitimant l’esclavage mais, pour nous, ces interprétations ne sont que les fruits des considérations politiques, économiques et même théologiques de leurs époques. ...
Read More
La littérature juridique musulmane classique foisonne d’interprétations légitimant l’esclavage mais, pour nous, ces interprétations ne sont que les fruits des considérations politiques, économiques et même théologiques de leurs époques. L’évolution des sociétés musulmane a, par conséquent, rendu – comme le souligne Wael B.Hallaq, obsolètes toutes ces interprétations y compris celles qui prétendent que l’esclavage n’a pas été interdit par le Coran pour des raisons économiques! Pour preuve, réalisant l’inhumanité de cette pratique, les musulmans ont procédé à l’interdiction de cette pratique depuis le début du XIXème siècle, c’est-à-dire avant son interdiction par la communauté internationale. Cette interdiction n’était possible que parce qu’elle a une assise dans le texte coranique et dans la tradition prophétique. D’ailleurs, pour la doctrine juridique musulmane contemporaine, à l’exception de celle véhiculée par les groupes terroristes, l’esclavage n’est qu’une pratique sociale controversée du passée qui n’a plus de pertinence et de légitimité dans le présent.
Criminal Law
Izuchukwu Temilade Nwagbara
Abstract
Since Nigeria’s transition back to democracy in 1999, the atrocities of the erstwhile military regimes have been left practically unaddressed. Though the Human Rights Violations Investigation Commission (‘HRVIC’ or ‘Oputa panel’) was set up in 1999 to investigate human rights ...
Read More
Since Nigeria’s transition back to democracy in 1999, the atrocities of the erstwhile military regimes have been left practically unaddressed. Though the Human Rights Violations Investigation Commission (‘HRVIC’ or ‘Oputa panel’) was set up in 1999 to investigate human rights violations of the erstwhile military regime, the HRVIC’s report was discarded by the federal government. Hence, unlike Argentina's lustration efforts post-military dictatorship resulted in trials and convictions, Nigeria’s lustration efforts were unfruitful. Nigeria is a party to international human rights treaties. As such, it has an obligation under international to address human rights violations, albeit inertia is the status quo. Despite Nigeria’s obligation under international law, this inertia has led the Nigerian army to proceed with its impunity unabated. Three separate events of military impunity post-1999 are examined to support the proposition that impunity leads to more atrocities, as is the case with the Nigerian army.
Human Rights
Fiston Le Bref Kalombo Kandu Mwabilay
Abstract
L’esquisse de la problématique des limites au pouvoir congolais de révision constitutionnelle communément appelées « dispositions intangibles » ou « clauses pétrifiées » - “ cláusulas pétrias ...
Read More
L’esquisse de la problématique des limites au pouvoir congolais de révision constitutionnelle communément appelées « dispositions intangibles » ou « clauses pétrifiées » - “ cláusulas pétrias ” comme dit au Brésil ou encore « clauses d’éternité » a consisté de manière pragmatique en l’analyse de la véritable nature de ce pouvoir. Puisque les articles 219 et 220 de la Constitution posent des bornes à l’exercice du pouvoir congolais de révision constitutionnelle. L’article 218 quant à lui, détermine les conditions à suivre pour réviser. Il est par la suite question de l’étude de ce qui est fondamentalement congolais dans l’élévation de certains principes au rang des principes constitutionnels intangibles. Ces principes ainsi élevés constituent-ils des véritables règles juridiques ou des clauses morales dépourvues de plus-value juridique ? Sont-ils des règles imparfaites ? Telles sont les axes de réflexion de la présente réflexion et les perspectives sans doute nombreuses qu’elle appelle.
