Netherlands International Law Review最新文献

This article delves into the critical aspect of exclusive jurisdiction in Vietnamese law, particularly focusing on disputes emerging from international commercial contracts relating to immovable property. The main objective is to demystify the types of disputes that are encompassed under this exclusive jurisdiction and to propose a requisite level of connection to Vietnamese immovable property for such jurisdiction to be applicable. Through a comprehensive analysis, the study reveals varying interpretations by Vietnamese courts regarding the scope of this jurisdiction rule. A notable finding is the contrasting jurisdictional approaches between domestic and foreign arbitrators in handling disputes connected to international commercial contracts involving immovable property. This discrepancy highlights the urgency for Vietnam to align its legal framework with global standards. The paper emphasizes the significance of this harmonization, not only for legal clarity and consistency but also for enhancing the attractiveness of Vietnam’s legal environment for international investors.

Armed conflict has devastating environmental consequences, adversely impacting critical ecosystems and natural resources. The conflict between Russia and Ukraine, which has been ongoing since February 2022, has significantly affected Ukrainian wetlands, jeopardising their vital ecosystem services. The Convention on Wetlands of International Importance Especially as Waterfowl Habitat (‘Ramsar Convention’), which focuses on conserving and sustainably using wetlands, thus stands as a valuable tool for addressing environmental emergencies during armed conflict. With both Russia and Ukraine as Contracting Parties to the Ramsar Convention and their armed conflict causing a negative environmental impact, the effectiveness of the Ramsar Convention during such a conflict is being tested. The centrepiece of this article is a Resolution entitled ‘Environmental emergency in Ukraine relating to the damage of its wetlands of international importance (Ramsar Sites) stemming from the Russian Federation’s aggression’ recently adopted by the Conference of the Contracting Parties to the Ramsar Convention. This article assesses the effectiveness of the mechanisms within the Ramsar Convention and this Resolution in addressing the environmental challenges faced by Ukrainian Ramsar Sites during armed conflict. This case study provides broad insights into the overall challenges to implementing international environmental law treaties in times of armed conflict. Furthermore, it highlights the potential of leveraging the Ramsar Convention and similar environmental agreements to effectively safeguard the natural environment and ecosystems in times of armed conflict.

Abstract

The current pandemic response system under the International Health Regulations has been considered unsatisfactory in controlling world pandemic outbreaks. Opinions are voiced that a legal evolution incorporating other sources of international law is imperative to meet the system’s primary deficiency: the uneven degree of State compliance with the ‘core capacity’ requirements. Against this background, this paper aims to examine the potential application of transboundary harm rules in world pandemic prevention, where existing treaty obligations are insufficient or ineffective in addressing future obstacles. By comparing their conceptual characters and legal elements, this paper seeks to reveal the inherent link between the two domains, which may further demonstrate an existing manifestation of transboundary harm rules as emerging customary international law in current pandemic prevention practice. Based on the structure of transboundary harm rules, this paper aims to provide an innovative legal framework that justifies the differentiated standards among States with uneven capacity and underlines the obligation of cooperation. Such a framework is designed to improve the level of States’ prevention and response towards future global health emergencies raised by world pandemics. Moreover, it hopes to provide practical ideas for formulating the new international instrument on pandemic prevention, which is currently being drafted by the Member States of the World Health Organization.