Evrigenis Yearbook of International and European Law

Introduction

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Introductory information

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Table of contents

Mesures de Crise et Conventions Internationales du Travail

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La situation problématique, voire critique, de l’économie et des finances se
vit dans la plupart des pays de la planète et frappe de façon similaire et à un
degré varié les différents Etats. Pour nous en tenir à l’Europe, la Grèce est notoirement
le pays le plus durement frappé par la crise, ce qui rend épineuse et
urgente l’étude de l’impact des multiples et nombreuses mesures prises dans
ce contexte sur les conventions internationales du travail. Certes, même problème
se pose à propos de plusieurs autres pays européens dont le nombre est
à l’heure actuelle particulièrement ‘mouvant’. Tel est le cas de pays comme le
Portugal, le Irlande, l’Espagne et autres, mais pour lesquels la conformité de
leurs mesures aux conventions de l’OIT ne paraît pas pour le moment être
mise en cause.

Academic Internationalization Risks through Entrepreneurial Universities

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...However, the protection of a person’s right to knowledge which presupposes
free circulation of ideas - privileges conquered after significant struggle
and sacrifices through the years - can either be enhanced, diminished, or even
lost if we neglect to consider carefully the conditions under which internationalization
of Higher Education, and especially research, will be taking place.
The right to knowledge and the right to free research must both be relieved
and protected from influences of compromised ideologies which restrict their
freedom to cut-and- dried directions and sets...

“They are going to implore us…to kill them”

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A little more than six years have already passed since the 15th July 2016
coup attempt in Turkey and our knowledge about what really happened that
night continues to remain, at the least, nebulous. The coup attempt was discerned
by some – crucial – characteristics that differentiated it from other similar
coups in the rich, in this field, history of Turkish military interventions: lack
of adequate preparation, strange, almost suicidal, tactical decisions and a most
obvious amateurism on the part of the coup’s “ringleaders”...

Human Rights Arguments as a Defence of Host States in International Investment Arbitration

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This article explores the substantive similarities between international investment
law and international human rights law. It analyses the conceptual
relevance of human rights argumentation with investment treaties’ standards
of protection, through an overview of the most recent arbitration jurisprudence.
In particular, this article examines whether host States can introduce
human rights argumentation into investment arbitration adjudication as their
defense.

Egypt

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Egypt is the fifth largest oil producer and third largest gas producer in Africa,
however not an OPEC member state. The oil and gas sector is considered as
the most vital industry in Egypt, with significant established energy resourcesboth
on- shore and off- shore- and continuously being discovered across several
production areas throughout the country...

The Issue of Granting Access to Sheltered Places when Ships are in Distress

2023-10-20T09:57:32+03:00

According to IMO, the issue of providing refuge for ships in distress was
raised during the late 1980s, when the Legal Committee of IMO was preparing
a draft document regarding the International Convention on Salvage which
was eventually adopted in 1989. During the exchange of information some
states expressed the view to admit vessels in distress into their ports. Other
states expressed their doubt on including a public law rule into a private law
convention, let alone that coastal state interests could not be ignored...

Ship-Source Pollution and the Introduction of Penalties for Infringements

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The method of this study is based upon research of legal texts, International
Conventions, case studies and the Directive 2005/35/EC as amended by Directive
2009/123/EC on ship-source pollution. The analysis of the sources is
mostly qualitative within the context of examining synergies and contradictions
between the international and European law. The context on which the
theme topic is unfolded, lays upon the elements of international law of the sea
along with the provisions of marine environmental protection, with regard to
ship-source pollution, the sanctions and penalties imposed by the flag and the
coastal states, and, possible exemptions that may implemented by the European
acquis.
In order to unfold the theme topic, an attempt will be made in the first part
so as to analyze the scope of Directive 2005/35/EC in the European legal context
and its implementation by the member states, exploring its general utility
on penalties and infringements for ship-source pollution. In the second
part, a further examination and cases’ analysis will be conducted with regard
to the synergies and contradictions between international and European law
with a focus to a critical examination of the provisions of UNCLOS and Directive
2005/35/EC, as well as of the provisions of MARPOL 73/78 and Directive
2005/35/EC respectively.
Also, arguments and legal opinions made by representatives of the shipping
industry will also be presented, on the tendency of not criminalizing
shipping operations in general with regard to accidental activities of shipsource
pollution.

Protecting Investments while Safeguarding Cultural Property in the Event of Armed Conflict

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...What I propose to argue is how the principal judicial organ of the UN378
may, nonetheless, adjudicate successfully, today and as the law stands, disputes
involving the protection of an investment tied up with issues of international
cultural law during or after an armed conflict. Before doing so, I intend
to briefly mention, arbitrarily no doubt, some thoughts on the effectiveness
of the World Court. I will try to prove that, notwithstanding the existence of
substantial rules, it is preferable to have justice delivered by a forum entrusted
with general jurisdiction. I shall not refer to treaties for the Peaceful Resolution
of Disputes, special agreements and forum prorogatum as jurisdictional
bases of the Court. In doing so, I propose to order my paper under three (3)
distinct headings: (i) available fora and their contribution, (ii) any role for the
World Court (?) and (iii) some concluding remarks.

Enforcement of ICJ Judgments and Inter-State Arbitral Awards

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International judgements and awards are rendered and usually sentiments
do not echo for long after, as the international community, including scholars
do not tend to pay much attention to the life of an adjudicatory outcome, after
it leaves the bench. As Prof. Oscar Schachter pointed out questions of enforcement
and compliance do not receive as much attention and the reasons are not
difficult to discern: [m]ainly it has been taken for granted that states which voluntarily
submit their disputes to arbitral or judicial procedures will comply
with the decision of the tribunal and that if they were not prepared to run the
risk of an adverse decision, they would not have submitted the case for adjudication
in the first place...

Philosophical Ethics and Education in Relation to the Internet of Things

2023-10-20T10:14:23+03:00

Whether we want it or not Internet of Things (IoT) appears with growing
number of devices in our everyday lives. The entertainment and benefits of
such gadgets and systems are however unfortunately often accompanied by
risks and ethical issues of the use of IoT. There emerges an important question-
How society can mitigate the risks and maximise the benefits of the use of IoT?
The author approaches the question from the point of view of applied philosophy
and education and claims that also with the help of such disciplines we
can address the emerging probles of new technologies.

Human Rights in Hanna Arendt

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The basis of modernity and the consolidation of human rights are placed
chronologically during the French Revolution. Every citizen was a bearer of
rights as a member of the French nation, while those outside the national context
did not hold citizenship. Gradually and as a direct consequence of the
wars with the consequent population movements and the circumvention of
the national sovereignty of national authorities, several populations ended up
as minorities or were displaced from their domiciles.
Arendt noted the large number of the displaced, during the time of focus
of her research, from the interwar period to the 1940s. The status of the exiled
from the political community without citizenship and rights and the general
state of loss of statehood was due to the fact that borders had been liquidated
and national sovereignty was not granted in relation to the policy of totalitarian
regimes such as Germany, which aimed at the marginalization or even
neutralization of specific social groups. Those were social groups constructed
on the basis of gender, origin, class and ideology (Jews, gypsies, communists,
etc.). The deprivation of these groups of their rights, as in the case of the Jews
in Germany, made it particularly difficult for international and non-state actors
to subsequently try to alleviate this situation.

The new Digital Markets Act and Services Market Act and its Relevance on EU Legal Harmonization

2023-10-20T10:21:39+03:00

This text shares a particular approach: that it is possible from EU to fight for a
global defence of core values based in a good Legal pattern respected everywhere, enhanced
by the so-called “Brussels effect”, in line with the good experiences
from the past as Cassis de Dijon and competition rules have been. Nowadays,
we need these solutions to be applied to the Digital sector and to serve as a
global pattern. Let us see.

Sanctions against Russia

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Undoubtedly, the Russo-Ukrainian war is radically changing the structure
of the entire planet every day, and the impact of this crisis is visible in every
field: social, political, economic and cultural. In addition, legal issues raised
on the occasion of the war are particular and demand an extremely careful approach
since there are both legal and political-moral dimensions in the matter...

...The aim of the economic sanctions is to impose severe consequences on
Russia for its actions and to effectively thwart Russian abilities to continue the
aggression. The individual sanctions target people responsible for supporting,
financing or implementing actions which undermine the territorial integrity,
sovereignty and independence of Ukraine or who benefit from these actions.

Lawfare

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The region of Eastern Mediterranean is a historically troubled region, interstate
enmities, political and military disputes are dominating it. The states
that are located in Eastern Mediterranean give great attention to their security
and their relations with their neighboring countries. There are, however, third
parties, external actors, that play an important role in the balance of power in
the region and the security of the Mediterranean countries, such as the United
States, the European Union (EU), Russia and, the past several years, even
China...

La Directive (UE) 2020/1828 sur les Actions Représentatives

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...L’institutionnalisation du mécanisme procédural des actions représentatives
met en relief le caractère pas seulement consumériste mais participatif
du droit de la consommation, lequel à l’image de la société contemporaine est
complexe et mouvant1033. Par conséquent, la directive en cause contribue à la
promotion du phénomène de la société de consommation en valeur dotée d’un
caractère actif et solidaire. Qui plus est, cette branche du droit va de pair avec
une autre classique, telle que la procédure civile, au service du citoyen en tant
que consommateur et justiciable.

The Policy and Legal Challenges of the EU Emissions Trading System in the Fight against Climate Change

2023-10-20T10:37:55+03:00

The EU Emissions Trading System (EU ETS) is the world’s largest emissions
market. The scheme was first introduced into the EU legal order in 2015 with
the aim to promote Greenhouse Gas (GHG) emissions reduction and to help
the EU comply with its obligations under the international climate change regime1034.
It has been described by the EU Commission as ‘‘a cornerstone of the
EU’s policy to combat climate change and a key tool for reducing GHG costeffectively’’
1035. Nevertheless, given the EU’s long term strategy to be carbon
neutral by 20501036, it is clear that the EU ETS faces considerable challenges
from a policy and legal perspective as it will be argued in this essay.

Book Reviews and Recent Publications

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Book Reviews and Recent Publications