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.
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
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.
Trade and Development Law
Abebe Bahiru Bezabh
Abstract
Nowadays, unilateral termination of international treaties is repeatedly exercised and becomes normal and justified by states’ strict sense of protection of sovereign interest. This article aims to assess the legal standards and impacts of unilateral termination of international treaties by analyzing ...
Read More
Nowadays, unilateral termination of international treaties is repeatedly exercised and becomes normal and justified by states’ strict sense of protection of sovereign interest. This article aims to assess the legal standards and impacts of unilateral termination of international treaties by analyzing the US unilateral termination of the Treaty on Elimination of Intermediate-Range Nuclear Force (INF treaty) signed by the US and the USSR in 1987. The finding shows that the US terminated the INF treaty in 2019 by alleging Russia violated the Treaty, and the justification considered ‘an extraordinary event that jeopardizes supreme interest’. This paper argues that the termination negated the purpose of the Treaty and had different alternatives to avoid withdrawal, but options have been overlooked. The termination endangers normative principles of flexibility, good faith, and trust in international law of treaties that can lead parties into dangerous escalation in the intensifying global arms race to provoke a nuclear war.
Environmental Law
Adaelizabeth Omaira Guerrero Rodriguez
Abstract
The Essequibo territory - situated in the extreme east of the Bolivarian Republic of Venezuela- its sovereignty is the reason for the dispute with the Cooperative Republic of Guyana. Since the land border has not been established, the maritime projection corresponding to the Atlantic coast is under the ...
Read More
The Essequibo territory - situated in the extreme east of the Bolivarian Republic of Venezuela- its sovereignty is the reason for the dispute with the Cooperative Republic of Guyana. Since the land border has not been established, the maritime projection corresponding to the Atlantic coast is under the shadow of the dispute. The inexistence of delimitation of the maritime spaces and the negotiations to reach agreements on such delimitation increase the conflict in regard to the unilateral authorizations of oil and gas concessions granted by the Cooperative Republic of Guyana in the disputed maritime areas. This paper analyzes the situation of the Atlantic Front in relation to the decisions of the International Tribunal of the Sea establishing precedents on maritime delimitations of States with adjacent coasts through arbitration processes that involve the interests of Venezuela, considering that Venezuela has not subscribed to the United Nations Convention on the Law of the Sea.
Human Rights
Amin Mohammadzadeh
Abstract
The present study was conducted with the purpose of a legal review of the determination of the Security Committee on the development and progression of international law with an emphasis on international peace and security in international law. Given that the founders of the United Nations considered ...
Read More
The present study was conducted with the purpose of a legal review of the determination of the Security Committee on the development and progression of international law with an emphasis on international peace and security in international law. Given that the founders of the United Nations considered the Security Committee as the most important organ, It was necessary for the organization to provide the most authority to the Council, so they gave two kinds of performance to the Council: first, the peaceful determination of disagrees, which enabled the Council to investigate and recommend a conflict. A circumstance that threatens international concord and protection, and secondly, the Council's threats to peace and aggression (Chapter VII.) In other words, the main tasks of the Council are the implementation of the sixth and seventh chapters of the Charter. Many international organizations of internal affairs manage their structure in the form of a resolution endorsed by the members. Among these executive decisions, we can decide on the formation of special organs within the organization, the acceptance of new members, the transformation of affiliated entities, budget decisions, etc. The Council could also make binding decisions since all UN member states have agreed, in conformity with Article 25 of the Charter, to make judgments of the Security Committee in accordance with the Charter. Of course, the general impression is that the Council's binding decisions are taken only in cases of "threats to peace, violations of peace or threats to peace and acts of rape". But deciding whether such conditions have been fulfilled is under the mastery of the Security Committee under Article 39 of the Charter. And as soon as the Committee concludes that there is a threat to peace or other conditions, it may advise the parties concerned or what steps should be taken to sustain peace (Article 39 of the Charter). Make appropriate decisions. The results showed that the resolutions are of particular importance in terms of plurality and power, but due to their lack of precision, their position among international sources of law has been the source of doubt and wide-ranging questions.
Human Rights
Gregorio Salatino
Abstract
This article offers a comprehensive analysis of the arguments put forth by Mr. Putin during his address to the citizens of Russia on 24 February 2022, where he announced a “special military operation” in Ukraine. The author critically examines these arguments through the lens of international ...
Read More
This article offers a comprehensive analysis of the arguments put forth by Mr. Putin during his address to the citizens of Russia on 24 February 2022, where he announced a “special military operation” in Ukraine. The author critically examines these arguments through the lens of international law, providing an in-depth analysis of their legal implications. In particular, the article begins with some key excerpts from Mr. Putin’s address on 24 February 2022. Afterwards, in order to clarify the framework that surrounds the circumstances under examination, the article provides a general overview of the fundamental principles of International Law. The article then delves into the issues of NATO expansion to the East and the situation in the People’s Republics of Donetsk and Luhansk. Additionally, the article explores Mr. Putin’s use of the term “special military operation” (rather than “war”) and the concept of “denazification”, shedding light on these terms.
