Confronting Cybercrimes Under the Provisions of Public International Law (Published)
This study emphasizes the urgent necessity for constant updates and improvements to the international legal instruments so that they can cope up with the sophisticated and dynamic nature of the cyber threats. A major emphasis is given to the importance of the international cooperation and the harmonizing of the law enforcement practices across the world by under- standing the fact that the cybercrime has the transnational character and would be ineffective if competed by a nation in isolation. This study mentioned the ethical issues and the privacy concern when cyber law enforcement is being mentioned. It emphasizes on the need for bal- ancing the security measures and the protection of rights of individuals and their privacy as a huge concern and the approach for the authorities on the gathering data of individual to the organization recommended to be balanced. It recommended on the legal framework which are transparent, clear and proportionate with the surveillances and the data gathering, the framework can also imply with the oversight to prevent any abusive and malicious use of the approval and data gathering. Looking forward, the future for the international law that com- bats the crime such as the cybercrime in the cyberspace is yet and will continuously evolve, as the threat evolving, the legal response and the mechanism of the cooperation will need to remain in place. The paper also restated that the adaptability and the ethical consideration and the cooperation by the international community are the spectrum of the way to ensure the legal strategies to protect the cyberspace and the rule of law and human rights in digital age.
Keywords: International, Law, Provisions, cybercrimes, public
PFAS and International Water Law: Implications for the Prevention, Reduction, and Control of Pollution under Art. 21 of the 1997 UN Watercourses Convention (Published)
Discovered in the 1930s, per- and polyfluoroalkyl substances (PFAS) are a family of thousands of human-made chemicals that are attractive for many applications. The persistence of PFAS in the environment has led to PFAS to bioconcentrate, bioaccumulate, and biomagnify in human beings and the environment. Recent studies have determined potential and actual adverse impacts on human health and the environment as a result of such exposure to PFAS. Water is believed to be the main pathway by which PFAS is transferred and diffused into the environment and ultimately entering into contact with human beings. Where these waters are a watercourse and shared by more than one State, there exists an international watercourse and international obligations. This article explores the implications of pollution from PFAS in the use of international watercourses under Art. 21 of the 1997 UN Watercourses Convention.
Citation: Andrew V. Vangh (2022) PFAS and International Water Law: Implications for the Prevention, Reduction, and Control of Pollution under Art. 21 of the 1997 UN Watercourses Convention, Global Journal of Politics and Law Research, Vol.10, No.7, pp.13-22
Keywords: Environment, International, PFAS, watercourses
The Validity of International Commercial Arbitration Agreement (Published)
The Arbitration Agreement constitutes the relinquishment of an important right to have the dispute resolved judicially and creates others rights. The rights it creates are the right to establish the process for resolving the dispute. In their arbitration agreement, the parties can select the rules that will govern the procedure, the location of the arbitration, the language of the arbitration, the law governing the arbitration, and frequently, the decision-makers, whom the parties may choose because of their particular expertise in the subject matter of the parties’ dispute. The parties’ arbitration agreement gives the arbitrators the power to decide the dispute and defines the scope of that power. In essence, the parties create their own private system of justice. The parties’ arbitration agreement is frequently contained in a clause or clauses that are embedded in the parties’ commercial contract. The agreement to arbitrate is thus entered into before any dispute has arisen, and is intended to provide a method of resolution in the event that a dispute will arise. However, if there is no arbitration clause in the parties’ contract, and a dispute arises, at that time the parties can nonetheless enter into an agreement to arbitrate, if both sides agree. Such an agreement is called submission agreement. In light of the important rights that are extinguished when the parties agree to arbitration, this paper aims to examine the question of the validity of arbitration agreement. In others words what are the characteristics of a valid arbitration agreement? What does a valid arbitration agreement imply as legal effects? Arbitration is a creature of consent, and that consent should be freely, knowingly, and competently given Therefore, to establish that parties have actually consented, many national laws, as well as the New York Convention, require that an arbitration agreement be in writing
Keywords: Arbitration Agreement Validity, Commercial, Competence-Competence, International