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 ...
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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
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 ...
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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.
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. ...
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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.
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. ...
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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.
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 ...
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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.
Environmental Law
Abbas Poorhashemi
Abstract
Principles of international environmental law play a fundamental role in developing and consolidating international protection of environment. Understanding current and growing principles of international environmental law can guide the interpretation of legal norms and regulations. Moreover, these principles ...
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Principles of international environmental law play a fundamental role in developing and consolidating international protection of environment. Understanding current and growing principles of international environmental law can guide the interpretation of legal norms and regulations. Moreover, these principles are included in several international treaties and national regulations to protect the environment. Some principles originated from public international law, such as State Sovereignty or International Cooperation. Still, others are related exclusively to international environmental law, such as the principle of prevention and the Precautionary principle. This article provides essential knowledge about the Principles of International Environmental Law. These principles reflect the legal foundations and play a crucial role in the creation, development and application of this field of law. By definition, they are superior to ordinary rules, which should be based on these principles. Results are discussed in terms of applying these principles and their implementation at national and international levels.
