Abstract This article argues that the bulk of the bilateral investment treaties (BITs) that Ethiopia has ever concluded, to regulate its bilateral foreign investment relations, don’t contain an environmental provision that require investing corporations to discharge responsibility towards environment and there is a pressing call for either to re-negotiate, update or engage in concluding of environmental side agreements (ESA). To substantiate the argument the trends of BIT making is assessed, the status of Ethiopian BITs have been evaluated through content analysis, environmental responsibility of Ethiopia has been examined both from domestic and international perspective, relevant reasons for the regulation of environment in foreign investment through BIT have been discussed and justifications for the need to renegotiate, update or make ESA in Ethiopia have been highlighted.
{"title":"Ethiopia’s Bilateral Investment Treaties and Environmental Protection; The Need of Re-Negotiation for Corporate Responsibility","authors":"A. Abate","doi":"10.1515/gj-2020-0067","DOIUrl":"https://doi.org/10.1515/gj-2020-0067","url":null,"abstract":"Abstract This article argues that the bulk of the bilateral investment treaties (BITs) that Ethiopia has ever concluded, to regulate its bilateral foreign investment relations, don’t contain an environmental provision that require investing corporations to discharge responsibility towards environment and there is a pressing call for either to re-negotiate, update or engage in concluding of environmental side agreements (ESA). To substantiate the argument the trends of BIT making is assessed, the status of Ethiopian BITs have been evaluated through content analysis, environmental responsibility of Ethiopia has been examined both from domestic and international perspective, relevant reasons for the regulation of environment in foreign investment through BIT have been discussed and justifications for the need to renegotiate, update or make ESA in Ethiopia have been highlighted.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"21 1","pages":"341 - 364"},"PeriodicalIF":0.0,"publicationDate":"2021-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2020-0067","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44686848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Despite the ongoing developments in comparative law studies, European legal language is still in want of responses with regard to its own characteristics and impact in the Member States. This article suggests an interdisciplinary perspective, that of comparative law and semiotics, as well as the observation of the normative forces grounding the practices of EU law in the Member States. As a dialogical conclusion, a Restatement will be suggested, where EU concepts could be channeled. This intellectual tool could be relevant in legal education too and favor the institutional dialogue among national and European actors of the multilingual legal process.
{"title":"Comparative Law and EU Legal Language: Towards a European Restatement?","authors":"E. Ioriatti","doi":"10.1515/gj-2020-0070","DOIUrl":"https://doi.org/10.1515/gj-2020-0070","url":null,"abstract":"Abstract Despite the ongoing developments in comparative law studies, European legal language is still in want of responses with regard to its own characteristics and impact in the Member States. This article suggests an interdisciplinary perspective, that of comparative law and semiotics, as well as the observation of the normative forces grounding the practices of EU law in the Member States. As a dialogical conclusion, a Restatement will be suggested, where EU concepts could be channeled. This intellectual tool could be relevant in legal education too and favor the institutional dialogue among national and European actors of the multilingual legal process.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"21 1","pages":"305 - 340"},"PeriodicalIF":0.0,"publicationDate":"2021-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2020-0070","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41567322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Food systems and trade of agricultural products have been affected by States measures in response to the evolution of the Covid-19 pandemic. Cuba, a Caribbean island, is equally hard hit by Coronavirus pandemic. Cuba’s reality becomes much more complex when it has to face the economic and financial blockade imposed as a unilateral coercive measure by the US government, causing the impossibility of buying raw materials abroad to produce first need products and food. This essay, framing the global problem of Covid-19, aims to understand how trade of agricultural products is regulated in Cuba in times of pandemic for quarantine areas, taking specific municipality experiences as a model. It is necessary to disseminate the good experiences following three main constitutional principles: right to adequate food, food safety and municipal autonomy. Main results are based on demonstrating if there is an appropriate articulation between local government, producers and trader’s direct benefits to strengthen the food security of population will be obtained.
{"title":"Experiences of a Little Cuban Town in Quarantine Because of Covid-19: Trade of Agricultural Products in the Search for Food Security","authors":"Jorge Freddy Milian Gómez, Yanelys Delgado Triana","doi":"10.1515/gj-2020-0064","DOIUrl":"https://doi.org/10.1515/gj-2020-0064","url":null,"abstract":"Abstract Food systems and trade of agricultural products have been affected by States measures in response to the evolution of the Covid-19 pandemic. Cuba, a Caribbean island, is equally hard hit by Coronavirus pandemic. Cuba’s reality becomes much more complex when it has to face the economic and financial blockade imposed as a unilateral coercive measure by the US government, causing the impossibility of buying raw materials abroad to produce first need products and food. This essay, framing the global problem of Covid-19, aims to understand how trade of agricultural products is regulated in Cuba in times of pandemic for quarantine areas, taking specific municipality experiences as a model. It is necessary to disseminate the good experiences following three main constitutional principles: right to adequate food, food safety and municipal autonomy. Main results are based on demonstrating if there is an appropriate articulation between local government, producers and trader’s direct benefits to strengthen the food security of population will be obtained.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"21 1","pages":"101 - 110"},"PeriodicalIF":0.0,"publicationDate":"2020-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2020-0064","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41584284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In the modern, globalized, world, millions of laws and statutes are applicable to humankind, in order to curb and regulate the activity of every individual. Within the last decades, sanctions multiplied and aggravated, but who is going to pay for having caused a catastrophic pandemic? Actually, it seems that the answer is: “nobody”. However, the article gives some suggestion, by applying new “eco-tort” and civil liability principles to this new and unprecedented crisis. Furthermore, it gives some urgent public policy guidelines to minimize the risk of new pandemics. It also advocates a new world order, based on the promotion of anti-speciesism, non-violence, environmental protection and fair sharing of natural resources, while rejecting the free market theories: it seems the best way for finally overcoming the crisis and preventing new ones.
{"title":"Who is Going to Pay for Causing Pandemics?","authors":"Federico Regaldo","doi":"10.1515/gj-2020-0049","DOIUrl":"https://doi.org/10.1515/gj-2020-0049","url":null,"abstract":"Abstract In the modern, globalized, world, millions of laws and statutes are applicable to humankind, in order to curb and regulate the activity of every individual. Within the last decades, sanctions multiplied and aggravated, but who is going to pay for having caused a catastrophic pandemic? Actually, it seems that the answer is: “nobody”. However, the article gives some suggestion, by applying new “eco-tort” and civil liability principles to this new and unprecedented crisis. Furthermore, it gives some urgent public policy guidelines to minimize the risk of new pandemics. It also advocates a new world order, based on the promotion of anti-speciesism, non-violence, environmental protection and fair sharing of natural resources, while rejecting the free market theories: it seems the best way for finally overcoming the crisis and preventing new ones.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"21 1","pages":"73 - 100"},"PeriodicalIF":0.0,"publicationDate":"2020-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2020-0049","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42691597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Nowadays the growth of courts’ caseload is usual for most jurisdictions. However, post-socialist countries have extremely high rates of caseload. Authors prove that main reason of such caseload is more ineffectiveness of legal system and court organization as well as unjustified access to justice. This article focuses on the indisputable and small cases in Russian courts. The court system is overloaded as a result of necessity to engage in non-targeted activities. Thus, the judicial system is largely idle to the detriment of its primary purpose.
{"title":"Issue on “Small” and Indisputable Cases in Russian Courts","authors":"A. Kashanin, V. Churakov","doi":"10.1515/gj-2020-0019","DOIUrl":"https://doi.org/10.1515/gj-2020-0019","url":null,"abstract":"Abstract Nowadays the growth of courts’ caseload is usual for most jurisdictions. However, post-socialist countries have extremely high rates of caseload. Authors prove that main reason of such caseload is more ineffectiveness of legal system and court organization as well as unjustified access to justice. This article focuses on the indisputable and small cases in Russian courts. The court system is overloaded as a result of necessity to engage in non-targeted activities. Thus, the judicial system is largely idle to the detriment of its primary purpose.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"21 1","pages":"273 - 303"},"PeriodicalIF":0.0,"publicationDate":"2020-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2020-0019","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47201489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The COVID-19 outbreak has led to a worldwide, substantial increase in the demand for pharmaceuticals, hospital beds, ventilators, and medical supplies. When needs suddenly exceed demand worldwide, resources may quickly become scarce in relation to potential demand, so that strict rationing is the only viable response. Against this backdrop, this paper scrutinizes the rationales for prioritization of scarce resources, and it questions the actual role and reach of the market with regard to resources that are essential to deliver health care, especially in times of severe shortage, such as during a global pandemic.
{"title":"The Right to Health and Resource Allocation. Who Gets What and Why in the COVID-19 Pandemic","authors":"G. Smorto","doi":"10.1515/gj-2020-0040","DOIUrl":"https://doi.org/10.1515/gj-2020-0040","url":null,"abstract":"Abstract The COVID-19 outbreak has led to a worldwide, substantial increase in the demand for pharmaceuticals, hospital beds, ventilators, and medical supplies. When needs suddenly exceed demand worldwide, resources may quickly become scarce in relation to potential demand, so that strict rationing is the only viable response. Against this backdrop, this paper scrutinizes the rationales for prioritization of scarce resources, and it questions the actual role and reach of the market with regard to resources that are essential to deliver health care, especially in times of severe shortage, such as during a global pandemic.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"21 1","pages":"59 - 72"},"PeriodicalIF":0.0,"publicationDate":"2020-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2020-0040","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44359146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This work consists in a critical examination of an argument which purports to prove that unless the mainstream model which dominates the development industry changes, the Sustainable Development Goals (SDGs) will become a missed opportunity to eradicate poverty. The work is structured into three sections (plus an introduction and a conclusion) as follows: section one provides an overview of the previous UN policy agenda, the Millennium Development Goals; section two examines the SDGs framework as articulated in the 2030 Agenda. Building upon the latter, section three inquires why socio-economic growth should be the sole measure of human progress.
{"title":"Enhancing the Transformative Potential of the Sustainable Development Goals (SDGs)","authors":"Katerina Akestoridi, F. Seatzu","doi":"10.1515/gj-2019-0037","DOIUrl":"https://doi.org/10.1515/gj-2019-0037","url":null,"abstract":"Abstract This work consists in a critical examination of an argument which purports to prove that unless the mainstream model which dominates the development industry changes, the Sustainable Development Goals (SDGs) will become a missed opportunity to eradicate poverty. The work is structured into three sections (plus an introduction and a conclusion) as follows: section one provides an overview of the previous UN policy agenda, the Millennium Development Goals; section two examines the SDGs framework as articulated in the 2030 Agenda. Building upon the latter, section three inquires why socio-economic growth should be the sole measure of human progress.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"21 1","pages":"111 - 141"},"PeriodicalIF":0.0,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2019-0037","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43290375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The present work will be devoted to the power to activate the investigations of the Prosecutor according to art. 13 of the Statute of the International Criminal Court (StICC). The StICC tries to offer some coordination tools, whose correct and careful use should in principle favor a harmonious and effective interaction between the two organs (International Criminal Court (ICC) and Security Council (SC)) and avoid the emergence of conflicts. As we will try to highlight, despite these intent of the statutory provisions, the margin of discretion inevitably granted to ICC and SC in interpreting the extension of the powers recognized to them, can lead to tensions and contrasts of not easy solution.
{"title":"The Referral “Power” of ICC Prosecutor according to Art. 13 StICC","authors":"D. Liakopoulos","doi":"10.1515/gj-2020-0033","DOIUrl":"https://doi.org/10.1515/gj-2020-0033","url":null,"abstract":"\u0000 The present work will be devoted to the power to activate the investigations of the Prosecutor according to art. 13 of the Statute of the International Criminal Court (StICC). The StICC tries to offer some coordination tools, whose correct and careful use should in principle favor a harmonious and effective interaction between the two organs (International Criminal Court (ICC) and Security Council (SC)) and avoid the emergence of conflicts. As we will try to highlight, despite these intent of the statutory provisions, the margin of discretion inevitably granted to ICC and SC in interpreting the extension of the powers recognized to them, can lead to tensions and contrasts of not easy solution.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2020-0033","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48062552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In this paper, an analysis is performed on the concepts of knowledge and property employed by John Locke to demonstrate the possibility of attaining certainties in moral knowledge and to legitimise private property. His thought was characterised by his desire to trace a connection between the moral, intellectual and material worlds, for the purpose of establishing methodological grounds for a true knowledge of practical principles. Inquiring into the processes of knowledge and into the motivational workings of human behaviour, the English philosopher arrived at the conclusion that thanks to the exercise of his knowledge and will, man acquires, with effort, the ownership of his person and the external world surrounding him, and is capable of attaining knowledge of the content of natural law with a certainty as absolute as that deriving from mathematical knowledge.
{"title":"Knowledge and Property in John Locke","authors":"Isabel Ruiz-Gallardón García De La Rasilla","doi":"10.1515/GJ-2020-0035","DOIUrl":"https://doi.org/10.1515/GJ-2020-0035","url":null,"abstract":"Abstract In this paper, an analysis is performed on the concepts of knowledge and property employed by John Locke to demonstrate the possibility of attaining certainties in moral knowledge and to legitimise private property. His thought was characterised by his desire to trace a connection between the moral, intellectual and material worlds, for the purpose of establishing methodological grounds for a true knowledge of practical principles. Inquiring into the processes of knowledge and into the motivational workings of human behaviour, the English philosopher arrived at the conclusion that thanks to the exercise of his knowledge and will, man acquires, with effort, the ownership of his person and the external world surrounding him, and is capable of attaining knowledge of the content of natural law with a certainty as absolute as that deriving from mathematical knowledge.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"21 1","pages":"165 - 180"},"PeriodicalIF":0.0,"publicationDate":"2020-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/GJ-2020-0035","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48512385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In today’s algorithmic society, access to large-scale datasets is the sine qua non for any economic actor to reap the benefits of data-driven innovation (DDI). This article explores alternative mechanisms of data management in large-scale processing environments which can bolster access in view of the shortcomings of the existing data ownership-centric system. The scope of the analysis is limited to non-personal data. First, this contribution elaborates on the features and shortcomings of the data ownership-centric system and the existing legislation on data access. In fact, despite its ground-breaking potential, data access is not a widely available resource. It is subject, meanwhile, to the ability of several actors to control it, originating from data holders’ position of de facto control over data (“data ownership”), which is mostly anchored in technological, behavioural, and legal access barriers. This ownership-oriented setting thus stifles data sharing and opportunities for novel reuses of data. Despite these concerns, EU secondary legislation and case law (including the “essential facilities doctrine” of competition law) have not yet offered appropriate means to enable data access across society. Second, this article investigates whether alternative systems of data management based on the commons is a viable solution to open up access to raw non-personal data (RNPD). The commons as a conceptual notion and institutional mechanism values access and freedom to operate, instead of power to appropriate. The article homes in on two main reasons which substantiate why commons management of RNPD can be desirable. On the one hand, RNPD can be deemed a cooperative infrastructural resource that calls for being pulled out of its factual enclosure (“structuralist approach” of the commons). On the other hand, grasping RNPD as a commons means valuing its functional nature, making data available to a wide number of actors for the fulfilment of fundamental rights and enhancing human flourishing (“functionalist approach”). The article concludes with some thoughts on the lines of research which are still to be explored to put the commons-based vision of data management into practice.
{"title":"An Alternative to Data Ownership: Managing Access to Non-Personal Data through the Commons","authors":"Tommaso Fia","doi":"10.1515/GJ-2020-0034","DOIUrl":"https://doi.org/10.1515/GJ-2020-0034","url":null,"abstract":"Abstract In today’s algorithmic society, access to large-scale datasets is the sine qua non for any economic actor to reap the benefits of data-driven innovation (DDI). This article explores alternative mechanisms of data management in large-scale processing environments which can bolster access in view of the shortcomings of the existing data ownership-centric system. The scope of the analysis is limited to non-personal data. First, this contribution elaborates on the features and shortcomings of the data ownership-centric system and the existing legislation on data access. In fact, despite its ground-breaking potential, data access is not a widely available resource. It is subject, meanwhile, to the ability of several actors to control it, originating from data holders’ position of de facto control over data (“data ownership”), which is mostly anchored in technological, behavioural, and legal access barriers. This ownership-oriented setting thus stifles data sharing and opportunities for novel reuses of data. Despite these concerns, EU secondary legislation and case law (including the “essential facilities doctrine” of competition law) have not yet offered appropriate means to enable data access across society. Second, this article investigates whether alternative systems of data management based on the commons is a viable solution to open up access to raw non-personal data (RNPD). The commons as a conceptual notion and institutional mechanism values access and freedom to operate, instead of power to appropriate. The article homes in on two main reasons which substantiate why commons management of RNPD can be desirable. On the one hand, RNPD can be deemed a cooperative infrastructural resource that calls for being pulled out of its factual enclosure (“structuralist approach” of the commons). On the other hand, grasping RNPD as a commons means valuing its functional nature, making data available to a wide number of actors for the fulfilment of fundamental rights and enhancing human flourishing (“functionalist approach”). The article concludes with some thoughts on the lines of research which are still to be explored to put the commons-based vision of data management into practice.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"21 1","pages":"181 - 210"},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/GJ-2020-0034","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48410731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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