Treaty Research Articles

The Africa Bird Data packages: African citizen science bird data in R

The African Bird Atlas Project (ABAP) and the Coordinated Waterbird Counts (CWAC) are the main citizen science bird monitoring programmes in southern Africa. ABAP data are collected by volunteers that compile bird lists over a grid of geographic areas known as pentads, resulting in millions of records that are key to studying bird distribution. In contrast, CWAC collects data on waterbird abundance at a selection of wetlands twice a year, offering important data on waterbird population dynamics. ABAP and CWAC data are extensively used in research. They also provide the evidence base for conservation decisions, site management and national reporting obligations against international agreements. The respective project websites provide distribution maps, summary statistics and basic data download features. However, a more advanced use of these data for modelling and their incorporation into analytical workflows requires flexible and direct access to the databases. The Africa Bird Data R packages presented here provide an important functionality to download and process data directly into the analytical software R. Apart from accessing the databases, there are functions that help with the analysis of these data by incorporating model covariates or formatting data for R packages that are popular for the analysis of this kind of data. Our objective is to make African bird data more accessible and easier to work with in order to unlock their full potential for research, and to inform management and conservation actions.

Open Economy Macroeconomics: Developments in Theory and Policy Using the TOPSIS Methodology

Open economy macroeconomics examines the complex interplay between a nation's economic policies and global financial markets. This field of study addresses critical issues such as exchange rate determination, balance of payments, and the effects of trade and capital flows on a country's economic performance. The increased integration of economies through globalization has made it essential to understand how domestic economic policies, such as monetary and fiscal policies, interact with international economic environments. This paper explores the key concepts and models in open economy macroeconomics, including the Mundell-Fleming model, purchasing power parity, and the dynamics of exchange rate regimes. The study of open economy macroeconomics has gained prominence with the growing interconnectedness of global markets. Unlike a closed economy, where all economic transactions occur within national borders, an open economy engages in trade and financial transactions with other countries. This openness introduces new challenges and opportunities for policymakers, as domestic economic conditions are increasingly influenced by external factors such as foreign exchange rates, international trade agreements, and global capital flows. Open economy macroeconomics seeks to understand how these external factors affect key economic variables, such as output, inflation, and employment.The significance of studying open economy macroeconomics lies in its profound implications for both national and global economic stability and growth. As economies become increasingly interconnected, understanding the mechanisms by which international trade, capital flows, and exchange rates influence domestic economies is essential for effective policymaking. This field of study is particularly relevant in today’s world, where financial crises, trade wars, and global economic shocks can have ripple effects across borders, impacting nations' economic well-being regardless of their size or level of development.. Free Trade Agreements, Currency Pegging, Capital Controls, Trade Tariffs, Exchange Rate Floating. GDP Growth Rate (%),Trade Balance (Billion $), Inflation Rate (%),Unemployment Rate (%). The results indicate that Free Trade Agreements achieved the highest rank, while Capital Controls had the lowest rank being attained. The value of the dataset for Corporate Open Economy Macroeconomics according to the topsis Method, Integrated Pest Management achieves the highest ranking.

A hundred years of Pacific halibut management in the context of global events and trends in fisheries management

The Convention for the Preservation of the Halibut Fisheries of the Northern Pacific Ocean, signed between Canada and the United States of America on 2 March 1923 and ratified on 21 October 1924, established the International Fisheries Commission, renamed in 1953 to the International Pacific Halibut Commission (IPHC). It was the first international agreement for joint management of a marine fishery resource and a major milestone for development of modern standards for marine conservation. The IPHC’s centennial year is an opportunity to celebrate a remarkable history of the Commission, but also reflect on challenges that shaped its mission. Born from alarms about overfishing during World War I, the Commission gradually gained authority to implement a wide range of conservation measures through established public confidence in its basis for decisions. This paper explores the evolution of management measures applied to Pacific halibut commercial fishing shaped not only by the changing stock conditions and growing demand for seafood, but also global events and trends in fisheries management. It examines the impact of rapid commercialization of fisheries driven by population growth and technological improvements, establishment of exclusive economic zones and altered access to fishing grounds, and adoption of Agenda 21, which highlighted the importance of balancing environmental, economic, and social aspects in fisheries management. It concludes by discussing the lessons learned over the past century and their implications for future fisheries management, emphasizing the importance of international cooperation, adaptive strategies, and science-based policies in sustaining transboundary fish stocks like the Pacific halibut.

European Parliament-Commission Relations and International Agreements

This article studies the practices of interaction between the European Parliament (EP) and the Commission during the negotiation of international agreements. The Commission negotiates on behalf of the EU and since 2009, the EP can veto the ratification of most agreements. While the EP has sometimes leveraged its veto power through various activities, it is unclear how the EP and the Commission interact in practice. Therefore, this article asks: how do the EP and the Commission interact during the negotiation of international agreements? I rely upon twenty-nine semi-structured interviews with EP and Commission officials in six policy fields. I distinguish six practices and three types of EP-Commission interactions, which differ depending on the policy field. First, trade displays very dense, maximalist interactions. Second, justice and home affairs, and environment and climate, episodically display practices going beyond information provision. Third, other policy fields display only practices of informing the EP. These results confirm the distinctiveness of the policy field of trade, show the fragmentation of the EU’s political order regarding international agreements and the potential instability of practices of interaction. Taken together, the article demonstrates the value of analysing EP-Commission interactions, rather than focusing solely on the perspective of the EP’s assertion.

Can health impact assessment help tackle commercial determinants of health and support a wellbeing economy?

Commercial activity has positive and negative effects on health. Adverse commercial impacts on health are underpinned by corporate power and economic models and policy that prioritize economic growth, rather than a wellbeing economy that prioritizes health, equity and sustainability. Health in all policies (HiAP) aims to ensure that all policies promote health and health equity, using processes including health impact assessment (HIA). We aimed to explore the potential for HiAP and HIA to help address commercial determinants of health and promote a wellbeing economy. We completed a scoping review to identify how HiAP approaches, including HIA, could address commercial determinants, including challenges and implications for practice. This found synergy between the concepts of wellbeing economy and HiAP. However, corporate interests have sometimes co-opted HiAP to influence policy. We found some examples of HIAs of transnational corporations and international trade and investment agreements. We reviewed HIA frameworks for guidance to practitioners on managing corporate influence. This identified little guidance on identifying and managing corporate and other conflicts of interest or managing power differentials between stakeholders. We also mapped wellbeing economy outcomes against health determinants considered in selected HIA frameworks. This found that HIA frameworks with a comprehensive checklist of health determinants prompt consideration of most wellbeing economy outcomes. HIA could support the transition to a wellbeing economy if applied routinely to economic policies, but ideational change is also needed. HIA frameworks should provide guidance on corporate conflicts of interest and power differentials.

Litigância climática em face do atual estado de coisa inconstitucional e inconvencional no Brasil

Planet Earth is going through an accelerated and continuous process of climate change due to unprecedented human intervention. It is a cross-border problem that threatens all existing forms of life, including humanity itself, present and future. Brazil, which has already figured as a world protagonist in the fight against climate change, is currently one of the largest GHG emitters on the planet, mainly related to the expansion of deforestation and fires, in defiance of the obligations assumed under the CF/1988, infra-constitutional legislation and numerous ratified international treaties. Therefore, considering that in its constitutional structure the right to a stable climate is a fundamental right, the fight against climate change and its consequences is a duty of the State, in order to limit its discretion, removing its ability to decide on the convenience and opportunity to act, the objective of this article is to analyze these recent and frequent violations and how they have repercussions on the human and fundamental right to a balanced environment, generating an unconstitutional and unconventional state of affairs that can be legitimately recognized by the STF from the filing of climate litigation.

A FORÇA NORMATIVA DOS TRATADOS INTERNACIONAIS, EM MATÉRIA AMBIENTAL NO DIREITO BRASILEIRO

This paper aims to define which sources of international environmental law are effectively recognized in Brazilian domestic law. This legal recognition concerns both the formal aspect, in the sense of the process of celebration and reception of the international treaty, as well as international norms and principles that are applied without there having been a process of internalization of the norm. The objective of this analysis is to verify the reach of international environmental standards in Brazilian jurisprudence, especially in higher courts.

Enforcement of smart contracts in cross-jurisdictional transactions

Purpose This research aims to explore the complexities surrounding smart contracts enforcements in cross-jurisdictional transactions. Design/methodology/approach To achieve the aim of this study, doctrinal legal analysis was adopted. Although the subject is multidisciplinary, the aspect of enforcement in cross-jurisdictional transactions from legislative analysis does not require a technical method to be analysed, hence the adoption of this method. Where relevant legal academic journal articles were sourced and analysed along different legislative frameworks in some jurisdictions under review. To determine the legality of smart contracts, applicable law and court with jurisdiction to enforce blockchain smart contract disputes. Findings It was discovered that there remain fundamental questions regarding jurisdiction, applicable law and enforcement. Due to the problem of a uniform legislation to manage smart contract transactions. Research limitations/implications This study limits itself to the legality of smart contracts within a conflict of laws, and it propels the need for either a choice of domestic legislation for parties to be bound or the adoption of a universal legal framework for all smart contract formation through an international treaty or convention that has a binding effect on contracting parties to a smart contract. Originality/value This study highlights the fact that the key elements of smart contracts within traditional contract requirements as provided in domestic legislation vary across jurisdictions. This variation results not only in conflict of law but also affects enforcement in cases of dispute in the contractual terms.

Invasive species management: The case of pink salmon in Iceland

The combination of warming waters and increased human activity in the Arctic creates increasingly favorable conditions for the arrival of invasive species to Arctic and sub-Arctic aquatic ecosystems. Invasive species threaten biodiversity and can impact local communities and industries that rely on healthy ecosystems. In Iceland, the pink salmon (Oncorhynchus gorbuscha), native to Pacific waters, has been found in rapidly increasing numbers since 2017. This research aimed to explore the institutional response to the arrival of pink salmon in Iceland. Documents such as international agreements and Icelandic laws and policies were analyzed for similarities, differences, and knowledge gaps related to pink salmon management. In addition, semi-structured interviews (n=10) explored experiences, knowledge, and opinions of individuals in different levels of decision-making, biological research, angling tourism, and nature conservation. Results show that reactions to the arrival of pink salmon are limited to registration of catches. No widespread research has been initiated and knowledge of basic ecology and potential impacts are lacking. Furthermore, no organized coordinated management responses are in place. Because of the growing importance of invasive species management around the world, this research adds novel insight into opportunities for improvement of invasive species management in Iceland through the development of recommendations for formalized procedures and risk assessments.

Attaining conservation goals for quinoa: Implications for public policy in Peru and beyond.

Worldwide many crop varieties are considered seriously threatened while management strategies are still lacking. Goals and indicators relevant to the conservation of agrobiodiversity also remain to be developed. Here we present the results of three expert workshops in Peru designed to prioritise for conservation crops with high infra-specific diversity, along with the establishment of in-situ on-farm conservation goals and indicators. Analysing the results of a series of agrobiodiversity-related Payments for Ecosystem Services (PES) interventions realised between 2010 and 2021, "gaps" between current conservation status and the conservation goals are established. The identification of such gaps within the Peruvian regulatory framework is indispensable for justifying long-term government funding. Furthermore, the goal and indicator development processes initiated in Peru could also form a template for other countries, with a view to supporting the implementation of a range of international treaties, conventions and development goals.

دور الأمن القومي في ابرام المعاهدات الدولية

Abstract National security is considered one of the important and fundamental issues that societies have worked to provide and achieve, both in ancient and modern times, because it reflects the protection of individuals and the achievement of social welfare for them on the one hand, and the protection of the form and system of the state internationally on the other hand. Countries have worked to provide national security through the stages that have swept the life of the international community, specifically after World War II, as the international community realized the importance of this issue and moved towards finding it by all means in order to achieve the requirements of welfare for its peoples and security and reassurance for them on the one hand, and on the other hand, protecting the political system of governments. Given the importance of national security globally, its work path has shifted from internal and national to regional and international, as the current stage is represented by the protection of this concept, through working to find a safe haven for countries by employing national security in the documents of international agreements and treaties, whether bilateral or collective, in order to protect small and developing countries from the ambitions of major countries, as well as the issue of providing global food security, which has become a real danger due to desertification and serious environmental problems and the problem of global inflation due to international wars and their repercussions on all countries, as the issue of water security played another role in the path of national security and protection and the necessity of providing it to countries as it is one of the vital factors for the continuity of life and the stability of countries, because it has become a strong economic threat to countries participating in international water rights, and thus it was a wide field for concluding treaties and agreements regarding the preservation of the rights of others in it, and the study resulted in living examples of everything that was stated about the protection of the national security rights of countries. Keywords (national security - dimensions of national security - food security - water security - international treaties).

Polish Practice on Promulgation of International Agreements Between Poland and the Ussr, 1944–1960

This article raises the issue of the proper publication of international treaties and their presence in the Polish legal system. The authors analyze this issue based on re¬search conducted on Polish-Russian treaties from 1944–1960. Their research has shown that, during this period, only 11% of treaties were properly published. The research – conducted on a very limited subject: only bilateral agreements between Poland and the USSR – leads to the pessimistic conclusion that in Poland it is customary practice to refrain from publishing an international agreement in the Journal of Laws and that citizens do not have at their disposal a single official or unofficial source to reconstruct Poland’s current obligations, which may indeed directly concern them. Also this finding raises important questions about the accessibility and enforceability of international treaties in the Polish legal system. At the international level, the consequences of failing to publish an act and to ensure official promulgation can be much more serious. In the absence of information about published agreements, it is not possible to sufficiently and completely determine the obligations between states nor to reconstruct the relations binding them. It is also impossible to clearly determine which international agreements are still in force between countries, which are invalid and which have expired.

Implementation and Interpretation of The Definitions of International Crimes in The National Jurisdiction of Ukraine

The article consists of two parts, the first of which discusses the problems associ ated with implementing the provisions of international law in the Ukrainian legal system regarding the understanding of the concept of “international crimes”. It underscores that the different definitions are due to the fact that Ukraine is not a party to the Rome Statute. However, it should be noted that most provisions of international law regarding interna tional crimes regarding war crimes, the crime of aggression and the crime of genocide are part of the Ukrainian legal system. At the same time, there are no crimes against human ity in Ukrainian national criminal law. The second part addresses the issues regarding Ukrainian courts’ interpretation of the national criminal law and international treaties on international crimes: interpreting the provisions of United Nations acts and the Rome Statute, applying the principle of “nullum crimen sine lege”in the context of prosecuting the crime of Holodomor, interpreting the provisions of the European Convention on Human Rights in connection with the use of trial in absentia in the case of Russian war criminals and interpreting provisions regarding universal jurisdiction in Ukrainian law.

The Interconnection Between Intellectual Property and The Growth Of Green Technologies

The growing concern for curbing global warming and environmental hazards requires environmentally sustainable resources and such a need has led to the use of green technology and green products. The Intellectual property law aims at promoting innovation through incentivizing and commercializing such innovation. This paper focuses on how the Intellectual Property Law impacts the use of green technology and the innovation of the same by discussing the ambit of intellectual property law which provides protection to green technologies under Indian law, various international laws, rules, regulations, agreements and treaties and at the same time how it prevents abuse of such power. This paper therefore discusses the importance of providing intellectual property rights to innovator of green technology and how such protection can be effectively enforced by ensuring the wide access of such technologies to all. Therefore, it discusses the inter-relation between intellectual property law and green technologies by providing checks and balances in the enforcement of such laws with regard to public accessibility. Doctrinal Research Methodology is used in this paper.

Особливості формування виробничого потенціалу підприємств харчової промисловості

The study aims to determine the characteristics of the production potential of food industry enterprises, assess their current state, and determine directions for increasing the efficiency of production potential in martial law conditions. The research methodology involved using existing modern scientific and empirical achievements and recommendations regarding the peculiarities of the formation of the production potential of food industry enterprises. Official statistical data were used to analyze the size and scope of production, the efficiency of using labor resources, and the volume of capital investments. The time range covered 2021-2023. Indicators characterizing the efficiency of the functioning of enterprises include the volume of manufactured and sold products, the value of which increased by 15.5% and 20.6%, respectively. The number of workers employed in the production of products tended to decrease (-6.8%). The main problems accompanying food enterprises as a result of hostilities were loss of relations with suppliers, lack of stable sales directions for manufactured products, reduction in the number of personnel due to the mobilization of part of the employees, reduction in the number of personnel due to departure abroad; instability of the credit and financial sphere (high interest rates on loans, instability of the national monetary unit); absence or instability of the supply of raw materials and materials, including gas, electricity, water; occupation of territories where enterprises operate. Despite the troubles, food industry enterprises restored the pre-war level of capital investment and exceeded it by 4.3%. The state needs to focus its efforts on the following areas: financial and credit and tax incentives and infrastructure support to increase the production potential. The following programs have already been implemented and are operating to support enterprises affected by military actions: loans for working purposes at 1% per annum; an increase in the provision of state guarantees to 80; increasing the limit under the “5-7-9%” program to 150 million hryvnias; conclusion of international trade agreements for the export of manufactured products; reduction of dependence on imported raw materials; quotas for the import of products that have a higher competitive position compared to domestic types of products; reduction of bureaucracy; referral of employees to retraining and training; stimulation of innovations, etc. Keywords: production potential, resources, size and scale of activity, food industry enterprises.

An analysis of geographical indications in terms of international, bilateral and regional agreements

Abstract A geographical indication (GI) serves as a quality label that identifies and assures a product’s origin for consumers, highlighting its unique features and the link between these characteristics and its geographical source. Registering a GI provides protection for products that have earned a reputation based on their quality, tradition, regionally sourced raw materials, and local attributes. GIs play a dual role: they not only help transmit local culture to future generations and promote economic development within a country, but they also encompass products with substantial profit potential in international trade. Items such as cheeses, processed animal products, and naturally grown goods (e.g., hazelnuts, grapes, figs) are commonly traded internationally under GI protections. This study aims to analyze international, bilateral, and regional agreements related to GIs, specifically those covering appellations of origin. The analysis includes the 1883 Paris Convention, the 1891 Madrid Convention, the 1958 Lisbon Agreement, and more recent agreements on trade-related intellectual property rights under the World Trade Organization (WTO), as well as bilateral and regional agreements on GIs among countries. Although these agreements address international disputes and trade matters concerning GI products, findings indicate that they can also lead to various challenges between countries regarding the protection and trade of these products. Keywords: Agricultural Trade, Geographical Indication, TRIPS, International Trade Agreements, WTO, Intellectual Property JEL Classification: F13, F15, O34, Q17

VCLT and the Peaceful Coexistence of Tax and Investment Treaties: A Case Study of Limited MFN Clauses and the FET Standard

The general purpose of this article is to demonstrate that customary international law (CIL) has a significant role to play in connecting international tax law and international investment law. Bridging a gap between those sources of international law is not only an important endeavour in the theory of law but also in practice. This article purports to achieve the abovementioned general purpose by focusing on the application of the rule and principles of interpretation under the Vienna Convention on the Law of Treaties (VCLT), which represent a codification of CIL, to limited most favoured nation (MFN) clauses in tax treaties. The hypothesis of the authors is that a serious failure in a proper application of the VCLT to interpret the MFN clauses in tax treaties may lead to a violation of international investment agreements (IIAs), in particular the fair and equitable treatment (FET) standard. The analysis and conclusions are relevant to all tax treaties and IIAs containing the MFN clause and FET standard, respectively. They are also of relevance for the interpretation of all provisions of tax treaties, not only the limited MFN clauses, in accordance with the VCLT. Examining tax treaties through the lens of the FET standard allows the FET standard to be seen as a gateway for the systemic integration of tax treaties in accordance with the principle enshrined in article 31(3) (c) of the VCLT, because some of core elements of that standard are deeply rooted in sources of international law (general principles of law and custom).

Renewable energy and energy justice in the Middle East: international human rights, environmental and climate change law and policy perspectives

Abstract The concept of energy justice is now a divisive issue throughout the world. Clean energy is becoming increasingly unavailable to a large portion of the population. Against this backdrop, this article explores the legal aspects of renewable energy and energy justice in three major, traditionally energy-rich countries representing the Middle East: the Kingdom of Saudi Arabia (KSA), Iran, and Iraq. It critically evaluates these countries’ legal challenges of renewable energy and energy justice. The research found that renewable energy is becoming more necessary for sustainable development and resilience to climate change. Natural resource abundance, increasing energy use, and a commitment to global climate change goals all pose unique challenges and opportunities for countries in the Middle East region. From international human rights, environmental, and climate change law perspectives, this article analyses the current regulatory processes and legislative frameworks aimed at increasing the use of renewable energy sources and ensuring energy justice. Renewable energy in the Middle East has been influenced by regional initiatives, international treaties, and national legislation, all of which are examined in detail.

International armed conflicts and their impact on aviation safety

Aviation transport is an integral part of the global infrastructure that ensures fast and efficient movement of people and cargo around the world. However, international armed conflicts create serious challenges for the aviation industry, affecting the safety of flights, the economic stability of airlines, as well as the international aviation community as a whole. This article is devoted to the analysis of the impact of armed conflicts on air traffic, taking into account real examples from different regions of the world. One key aspect of the research is examining the effects of airspace closures over conflict zones, which force airlines to change routes, increasing fuel and operating costs. In addition, the issue of flight security in conflict zones, where commercial aircraft are at increased risk of accidental or deliberate attacks, is analyzed. An important aspect of the article is also the assessment of economic losses suffered by airlines and airports due to conflicts. In particular, cases of flight cancellations, a decrease in passenger traffic, as well as an increase in insurance premiums, which significantly affect the financial performance of companies, are considered. The article also touches on issues of international cooperation in the field of aviation security, which is critically important for minimizing risks and ensuring the stability of air traffic in armed conflicts. In particular, the role of international organizations such as ICAO and the effectiveness of existing international agreements and treaties aimed at coordinating actions between states during crisis situations are analyzed. The article also focuses on developing practical recommendations for airlines and governments to improve their conflict preparedness, including route planning, risk management and improved information sharing systems. Given the complexity and multifaceted nature of the issue, the authors emphasize the need for further scientific research in this area in order to develop new strategies and tools to ensure the safety and stability of the global aviation industry in the face of armed conflicts. Thus, the article makes a significant contribution to the understanding of the impact of international armed conflicts on air traffic and offers a comprehensive approach to solving this problem.

Digital Battlefronts: Rethinking Legal Frontiers in Cyber warfare and AI Conflicts

Cyberspace and artificial intelligence (AI) have been increasingly used in international conflicts without sufficient regulations, raising concerns over their unchecked impact. Although authoritative texts like the Tallinn Manual provide guidance for governing cyberspace, the absence of explicit International Humanitarian Law (IHL) rules tailored to cyber operations remains a significant concern.The current legal frameworks are insufficient to effectively regulate armed conflicts in cyberspace.The article discusses how cyber-attacks are regulated by the existing body of laws such as the United Nations Charter, International humanitarian Law (IHL), international treaties. The UN General Assembly global Conference on Cyberspace was organised to address, Whether the human moderators and commanders can be held responsible for AI-driven violations under the current IHL framework?. This paper explores the cyber attacks that are global in nature using various cyber case studies that are state sponsored or not state sponsored. This paper concludes that there is a need for new international conventions or legislations to effectively deal with cyberwarfare in international space.