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.
Human Rights
Anahit Chilingaryan; Mariam Antonyan
Abstract
Persons with psychosocial and intellectual disabilities are particularly vulnerable during emergencies, such as armed conflicts, primarily when confined in large institutions, making them entirely dependent on them. Adequate protection measures and treatment are necessary to ensure their safety during ...
Read More
Persons with psychosocial and intellectual disabilities are particularly vulnerable during emergencies, such as armed conflicts, primarily when confined in large institutions, making them entirely dependent on them. Adequate protection measures and treatment are necessary to ensure their safety during such situations. This article examines how the absence of community-based services for people with psychosocial and intellectual disabilities and their institutionalization affects their protection during armed conflicts. The conclusion drawn is that protection mechanisms for people with psychosocial and intellectual disabilities before, during, and after military conflict, as well as the implementation of International Humanitarian Law norms, should be based on the principles of autonomy, equality, and the rights of people with disabilities in accordance with the United Nations Convention on the Rights of Persons with Disabilities. Furthermore, the lack of community-based policies may lead to the forced institutionalization of individuals with psychosocial and intellectual disabilities who are displaced.
Criminal Law
Damilola John Akinsanya
Abstract
The increasing reliance on technology and the volatility of cyberspace have greatly aided the prevalence of internet fraud worldwide. In Nigeria, cybercrime—particularly internet fraud—has become one of the most popular forms of deviance among young people, which continues to pose a significant ...
Read More
The increasing reliance on technology and the volatility of cyberspace have greatly aided the prevalence of internet fraud worldwide. In Nigeria, cybercrime—particularly internet fraud—has become one of the most popular forms of deviance among young people, which continues to pose a significant challenge to law enforcement agencies. While there have been various law enforcement reforms and initiatives to combat the menace, internet fraud continues to thrive. This research article investigates the perceived conviviality of law enforcement personnel with internet fraudsters and how it has contributed to a laxity of law enforcement authorities towards internet fraud. Study findings reveal that there is indeed a laxity of law enforcement actions towards internet fraud due to a plethora of institutional and sociological factors. This study also suggests how security agencies can better approach the internet fraud menace.
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 ...
Read More
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.
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.
Business Law
Rizowan Ahmed
Abstract
African Continental Free Trade Area (AfCFTA) is a free trade agreement among the states of Africa. The primary goal of this agreement is to make a single market for goods and services by removing trade barriers across Africa. AfCFTA has a dispute settlement body, trades in goods and services, intellectual ...
Read More
African Continental Free Trade Area (AfCFTA) is a free trade agreement among the states of Africa. The primary goal of this agreement is to make a single market for goods and services by removing trade barriers across Africa. AfCFTA has a dispute settlement body, trades in goods and services, intellectual property, investment policy, competition policy and digital trade in its different phases. These things are promising but have some legal barriers that can make the objectives fail. This paper aims to discover those legal barriers that can make a difference in this continental trade. Also, this paper will try to show the relation of African reality with the texts outlined in the agreement. In addition to these aspects, the paper aims to give solutions from the legal perspective of these problems and suggestions to improve regarding upcoming texts related to this agreement.
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.
Economic and Internet Law
Ghasemali Sabouri; Atefeh Amininiya
Abstract
One of the essential needs of human societies is the desire to evolve and achieve prosperity and facilities which is made possible by financial transactions. These transactions are not possible except through the mechanisms of international law in the commercial and financial sectors. With the growth ...
Read More
One of the essential needs of human societies is the desire to evolve and achieve prosperity and facilities which is made possible by financial transactions. These transactions are not possible except through the mechanisms of international law in the commercial and financial sectors. With the growth of such cooperation, the need for international laws and regulations in these two sectors has increased every day to the point that even countries' domestic laws to facilitate trade have become a part of international law. In this paper, international financial law and the challenges of its implementation, along with the role of Islamic Jurisprudence financial law point of view, have been studied. A solution has been provided using the "Tazahom" perspective. Tazahom in Islamic jurisprudence means being between two interests, and naturally, these two are for the sake of society and based on the needs of today.
Business Law
Roohollah Mansouri
Abstract
Central banks, traditionally focused on sovereign financial functions, now also engage in commercial activities reflecting international banking and investment ventures. This evolution raises crucial questions about their classification under international law, particularly regarding investment treaties, ...
Read More
Central banks, traditionally focused on sovereign financial functions, now also engage in commercial activities reflecting international banking and investment ventures. This evolution raises crucial questions about their classification under international law, particularly regarding investment treaties, which only protect public entities engaged in commercial activities. Distinguishing sovereign from commercial roles typically involves purpose and nature tests, with the latter increasingly influential in jurisprudence. A salient example of this discourse is seen in the case concerning Certain Iranian Assets before the ICJ. In 2019, the Court acknowledged that Iran's Central Bank might qualify for treaty protections if its U.S.-based operations were commercial in nature. However, while the present research suggests those operations have a commercial character, the ICJ, in a divergent 2023 decision, declined to classify the bank as eligible for treaty protections. This shift underscores the need for a consistent application of international law and further examination of its evolving discourse.
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,
European Law
Mojdeh Pour Yazdan Khah
Abstract
Women have traditionally been deprived of economic and social status and power, which in turn reduces their access to basic necessities, including health care. Despite recent developments in Western countries, women remain at a disadvantage compared to men. The gender gap in health is more acute in developing ...
Read More
Women have traditionally been deprived of economic and social status and power, which in turn reduces their access to basic necessities, including health care. Despite recent developments in Western countries, women remain at a disadvantage compared to men. The gender gap in health is more acute in developing countries, where women are relatively disadvantaged. In addition to gender inequality, there are specific processes of the disease that are unique to women, creating particular problems in both prevention and health care. To improve women's health, we need to address reproductive health, maternal mortality, malnutrition, and non-communicable diseases. Thanks to high-quality and affordable medical services covered by general health care. Achieving better women's health - from pregnancy to childhood, childhood, adolescence, and old age - requires a holistic, holistic approach and a life expectancy that goes beyond reproductive health. Women should be able to take care of their health.
Business Law
Vugar Rustamli
Abstract
Nowadays it is difficult to imagine the resolution of disputes in international and domestic commercial relations without the arbitration and mediation processes. In today’s globalized world, where the countries are integrated and commercial relations are intertwined, alternative dispute resolution, ...
Read More
Nowadays it is difficult to imagine the resolution of disputes in international and domestic commercial relations without the arbitration and mediation processes. In today’s globalized world, where the countries are integrated and commercial relations are intertwined, alternative dispute resolution, along with the litigation, play an important role in the resolution of commercial disputes. Especially, if the parties are in different jurisdictions, alternative dispute resolution becomes more important for them. And integration into the modern world is one of the main factors for the all-round development of every country. For this reason, after the collapse of the USSR, countries which gained independence also started integrating into international law, international economic processes and associations. As a post-Soviet state, Republic of Azerbaijan also adopted many conventions and became a member of different international organizations. Azerbaijan’s integration process also made the establishment of new dispute resolution mechanisms a necessity for the country.
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.
Culture and Technological Innovation
Muhammad Huzaifah Naeem Sehgal; Areeba Qureshi
Abstract
This research article discusses the confluence of Artificial Intelligence (AI) and international armed conflicts, focusing on the legal and ethical implications accruing from the use of such technologies in warfare. The growing militarization of AI by states has been highlighted in the article, which ...
Read More
This research article discusses the confluence of Artificial Intelligence (AI) and international armed conflicts, focusing on the legal and ethical implications accruing from the use of such technologies in warfare. The growing militarization of AI by states has been highlighted in the article, which is evident from the development of AI powered Unmanned Ground Vehicles (UGVs) and Unmanned Aerial Vehicles (UAVs). Present-day use and the future evolution of AI into warfare pose risks due to its unpredictability, non-transparency, and biases. This paper touches upon the employment of AI technologies in the on-going Russia-Ukraine conflict. It further delves into the importance of AI governance and its ethical usage in warfare, underscoring the rising need for a balance between humanity and military necessity. This paper also argues for the expansion of the notion of individual criminal responsibility in cases involving use of AI in warfare.
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.