LW52142 - International Dispute Resolution Assignment Sample

Introduction of LW52142 - International Dispute Resolution Assignment

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The protocol of the “European” based on Human Rights may come to “the council of Europe's” activity. The court of the European for Human Rights may convene to protect the rights to security, freedom of thought, living to live, express thoughts and so on. The supervision expresses the trigger mainly based on the application on individuals, which may be lodged with the court. The help of the project researcher may find out the various applications of the jurisdiction of the European Court of Human Resources. The case study is based on the two parties, Avalon people and Arcadia (a developing country, significant for oil reserves). It also provides the satisfactory application of the condition of admissibility to the court of Europe.

Jurisdiction Statement

Every Court has jurisdiction to make decisions if the individuals or the state for projection of Human Rights or fundamental freedom may apply. The principal concern of “civil and political rights” has occurred under the European “Convention on Human Rights”. Avalon People had made a claim against the Arcadia on the behalf of the“European Court Of Human Rights”, related to violation of their rights under the Articles 2 and 8 and in conjunction with Article 14[1].

• Article 2

Under Sec1 Rights and Freedoms, Article 2 shows the rights of life may be protected by the law. There may be no one to deprive the life intentionally, which saves in the execution of the court to avoid the crime by the various penalties[2].

(a) “To defend any human from unlawful violence”.

(b) “To order for the lawful arrest or prevention of the escape of the person lawfully”.

• Article 8

This article shows the “Right to respect” for “private and family life for human beings”.

(a) “Every person has the right to respect the family life and private life of his correspondence”[3].

(b) “There may be no interference of the public authority into the exercise, according to law and necessity in the democratic society”.

• Article 14

The article creates for the Prohibition of the Discrimination to enjoy the individual “rights and freedoms” to set forth to the “convention” that may be secured without and discrimination at any ground.

Article 32

This types of the articles may includes the Juridiction created by the court.

(a) The article 32 has based on the jurisdiction of the court that extended to the matters of the concerning of the interpretation and the application of it.

(b) The protocol of the jurisdiction may refferd to provide the various laws of rerlated to the case.

(c) The basis of the article shows that the cort may has to declare the inadmissible of the individuals, which may submiteted under the article 34. The application of various types of the disadvantages in the form of the respect of the human rights.

Article 34

The article shows that the application of te individuals of the individual or the persons on the country.

(a) The court of the European human rights may be receives the application of the person of the or the government.

(b) The group of the organisation may claim their case against the victim, that may be voilance. It may be the parties of the high contracting .

(c) The high contracting parties may not be undertake to the hinder of the claimer. The way may be very effectiveness and may be effective in the exercise of the rights.

(d) The rights of the parties may set the forth of the protocol on the basis of the court.

Application of Jurisdiction Statement

Arcadia and Atlantis are the two parties, which provide arbitration to the investor-state. The activities of the Irkalla Investment Co. cause the major problem that their oil leaks into the river and on the land. It polluted the area, which was traditionally used by the Avalon People, affecting their health and the way of their way of life. Therefore, Avlon People may claim their issues Under Article 56 of Territorial Application, which may state that any State of the time, the ratification or any declaration by notification addressed to the “Secretary-General of the Council of Europe”[4]. It may present that the Convention shall be subjected to paragraph 4 of this Article, extend “to all or any of the territories for whose international relations may be responsible for the issues”.

The Avalon People may bring a case against Irkalla Investments Co and Arcadian Security Company and the Government of Arcadia in Arcadia's domestic courts. The claim may be based on seeking reparation for the pollution and the number of deaths in the particular area. Therefore, Articles 4 and 8 in the above paragraph may clearly mention the rights of the Humans for the people of Avalon. According to the law of Article 2, the rights of the human to protect their lives and claim case if one harms them. The government of Arcadia may be adamant in the defense of the development of the Irkalla Project. The domestic Jurisdiction of the Arcadia may concern solely, based on the Irkalla’s Project. The security of the Arcadia Company may resort to the violence to counter the demonstrations[5]. It may affect on the local people of the area, they may claim the case against to the company's rights to Prohibition of the Discrimination, According to the article 14. The Irkalla hires Arcadia Security Company, which may be owned by the support of various Ministers of Lands of Arcadia. The Acheron Valley, which can be crossed by the Acheron River that is traditionally used by the indigenous people of the Avalon. Therefore, the activities of the Arcadia may affect the livelihood of the people of the Avalon and badly affect the environment of the area. These types of the discrimination may dissolve Under the Article 56, Territorial Application, here its presence that the convention may extend to the territory or territories which may be named in the notification as from the notice within the day after of the receipts by the “secretary-general of the council of the Europe”[6]. The Article 4 has the right to that the no company or the Persian has the right to slavery or servitude of the people of the Avalon. The people of the Avalon may claim to the “court of Human Rights” to raise their voice in the protection of their rights. The Article 8 had to decorate the society in the interest of national security. The public may have the safety or the well-being of the economic health of the country. The Avalon people have the right to the protection of their health or the morals and their freedom to speak against the violence. “The event of an investment dispute” of Arcadia, the two parties who had made the dispute had initially sought a resolution. The part of the claim may be based on the parties through “consultation and negotiation”. The dispute may not be “settled amicably” though “the national or company may choose to submit the dispute for resolution in the court”[7]. According to the Article 7, Investor-state Disputes had the purpose to be the basis of the dispute on the investment of the company or the nation. The investment may agree to create an agreement based on the parties, which arise between them. The alignment of the dispute may be authorized or granted with the license by the parties of the Government, in such a way to the area of the Avlon people and the company. The treaty between the parties has the requirement of the administration of the court that the tribunals of the parties may take part in the dispute[8]. The people of Avlon have resisted the project that may claim the same launched by the consultant of the people without a serious environment. The Arcadia Security Company and local resistance escalate, resorting to more violence, which may lead to the loss of many lives and their works among the Avalon People. Furthermore, the people of the jurisdiction of the “Human Rights Act requires a UK court”, which may include the “Supreme court to take account of the decisions of the European Court of Human Rights”. The court of the UK had not been required to depart from the decision of the court of the “Justice of the European”. The court may apply the test to the Supreme Court to decide the departure from its case law[9]. The “public authority with the exercise” of the rights, may accept the accordance with the law and the necessity of the democratic society.

As per the statistical data from the year 2017, the oil and gas industry is a key driver of climate change. The specific industry contributes to 40 % of the global emission of greenhouse gases. The new development law that was introduced for boosting the development in the region of Arcadia by opening and granting permissions for the exploration of the oil reserves in the region resulted in Climate change in the region of Arcadia. It would subsequently lead to intensify and escalate poverty and inequalities among the Indigenous Avalon people of the developing country of Arcadia, belonging to various unfortunate and vulnerable groups and discriminated against based on disabilities and race by exposing them to the risks and dangers of drought, floods and scarcity[10] . Ecosystems are disrupted and the security of the livelihoods of the people is hence compromised because of the negative impacts resulting in substantial loss of income. The increasing climate change could be estimated to increase the illness and the climate-related shocks could destroy the affected families. “The production and exploitation of oil and gas” are intimately linked to the water supply of Arcadia.

Activities have taken up the Irkalla Investments Company based on Jurisdiction

The process of extraction is highly water-intensive. The processing of oil and gas could consume large gallons of water from the Acheron River, and produce wastewater that accidentally resulted in a major oil leakage that polluted the nearby lands and the water supplies. Water supplies, human health, and natural resources can be affected by this approach[11]. The activities of the Irkalla Investments Company required water for evacuating the sediments, pressurising the wells from collapsing, and as a cleaning fluid. The residue of Hydrocarbon compounds, various harmful and chemical salts, shreds of heavy metals, compounds namely hydrogen sulfide, boron, and various other chemically dangerous compounds were all found to be present in the produced water that was released into the Acheron river. The methods used by the Irkalla Investments Company. The conventional and unconventional measures taken up by the Irkalla Investments Company have produced large volumes of wastewater in the Archeon water. The activities have led to the contamination of the water of the river with very toxic and harmful chemicals that possess a threat to the human life residing on the banks of the river. The chemicals include benzene, organic compounds, and inorganic compounds, which are volatile. The wastewater that was generated in the process of drilling and exploration by the Irkalla Investments Company was seeped and polluted the lands and the water due to carelessness and unaccounted pits that were not properly lined low quality liners, and the poor installation or no installation of such liners. Spills that were caused in the Arcadian region where the Avalon people resided could have been caused by the means of deliberate or accidental damage to the installed pipeline. Their substandard maintenance, are a significant reason and cause of the ground and surface water pollution that led to the sufferings of the people of arcadia. Alapli Elektrik B.V. v. Republic of Turkey case law court dismissed demand of Turkey Government and they award Alpali Company. Court can give justice to Irkalla Investments Company based on this law because scenario is quite same. Court can give justice according to Ratione materiae in this based on their judgement and they can allot compensation for company. In addition, Investment Company can get claim based on case law ulley Enterprises Limited (Cyprus) v. The Russian Federation. Ulley company get reward from Russian government according to law of ICSID convention.

• Health Hazards

Faced by the Avalon Indigenous People and the basis of Admissibility

The damage that has been caused by the exploration of Oil and gas is proven to be very hazardous throughout the development process that was introduced by the

government. The people of the Avalon region are suggesting that they have experienced direct skin contact with polluted soil from the valleys of Acheron and water from the Acheron river; They are also indicating that they were inclined to drink the contaminated water from the river. The health hazards that the people faced from such habits of drinking contaminated water and consuming the crops or animals and fish from the polluted sources of water from the Acheron river. Breathing of the air that was polluted by the vaporized chemicals and the minute particulates, immersed from partial burning of oil and gas generated from the process of exploration and mining of oil and gas[12]. The residents of the Avallan valley have reported that the problems such as the breathing problems and the irritation of the skin and various other intestinal problems started to affect after the start of the events of the development programs like the mining and exploitation[13]. The symptoms that were faced by the residents could fairly be classified as respiratory and breathing problems like asthma, throat, nose, and eye irritation along with fatigue, dizziness, and headaches which were further accentuated by infertility, miscarriages among women, and lowering of the red white blood cells in the blood of the people. Exposure to such major emissions and pollutants classified under nitrogen and SPM could lead to lung and pulmonary diseases with an increasing trend of premature deaths among children. According to Rationne temporis tribunal has right to diecided about dispute. Avalon people can be effected by various way due to this project and based on SAUR International SA v. Republic of Argentina cas law court can decided about justice or Rationne temporis. According to this case law approach of opposite party of claimant violate several principle.

Violation of Human Rights by the Irkalla Investments Company 

Oil and gas producing companies such as the Irkalla Investments Company have been always associated with the violations of the vulnerable population of the developing and lower-income nations such as Arcadia. The instruments of the Human Rights could be stated as the "Universal Declaration of Human Rights (1948)"[14]

“International Covenant on Civil and Political Rights (1966)”

“International Covenant on Economic, Social and Cultural Rights (1966)”

“Declaration on Fundamental Principles and Rights at Work (1998)”

“Violations of human rights” of the people of the Acheron Valley have taken place through indirect means [15]. These abuses have taken place from the operations that have been taken up by the Irkalla Investments Company that led to the consumption of hazardous components of the waste generated after the process of exploration. The violation of the substantive right by affecting the life, water, and health of the people of Arcadia has led to the damaging of the ecosystems that have affected the fundamental right to live. The procedure for human rights includes the right of access to information to the indigenous people so that they know about the operations of the people, the right of participation of the people in the process of “decision-making, and the right of access to remedy “for facilitating the easy access of the people to justice. Human rights could be protected as they are governed by the Constitution and the federal legislation of the USA[16]. Reparations are measures that could be taken by the State Government to redress of the violations of human rights conducted by the corporations on the innocent population of Arcadia through the forms of Restitution, and Compensation to the victims. Satisfaction and providing a guarantee and security for non-repetition of such activities in the future governed by the humanitarian law and administration. Rationne loci refer relevant place or territory and this case place of the river is part of two countries and negative effect fall on both countries due to this reason court can take decision on place location and importance. On other hand company of minister of the country give protection and help to torture the Avalon People. Ratione personne give focus on person and this code can help to give justice to Avalon people and punishment to the minster and management of Investment Company.

Conclusion

The corporation has been exposing the citizens to health concerns and resorting to unfair trade practices. The Government of Arcadia has canceled the 50-year license to the Irkalla Investments Company and promoted the protection of its citizens by providing all the fundamental human rights for the creation of the conditions that are essential and are legally binding on the land. It could guarantee for the protection of the indigenous people of Arcadia thereby, ensuring that all the citizens can have access to and can enjoy their fundamental rights. This includes a duty on the jurisdiction to abstain and withhold the Arcadia Security Company and its actions of violation that would curtail the human rights of the citizens thus fulfilling the duty of protecting the “human rights” from abuses by third parties, that are the exploitation businesses.

References

Brodeal?, E. (2022). Lisa McIntosh Sundstrom, Valerie Sperling, and Melike Sayoglu, Courting Gender Justice: Russia, Turkey, and the European Court of Human Rights (Oxford University Press, 2019, 296pp,£ 61.00) ISBN: 9780190932831. Retrieved from: https://academic.oup.com/hrlr/article-pdf/doi/10.1093/hrlr/ngac005/42893320/ngac005.pdf1 (Accessed on 20^th April 2022)

Echr.com.int, 2020 European Convention on Human Rights, 2019 Retrieved from https://www.echr.coe.int/documents/convention_eng.pdf (Accessed on 20^th April 2022)

Hrw.org, 2019 Exploring the Path to Reparative Justice in Americahtt Retrieved from atps://www.hrw.org/news/2021/02/17/hr-40-exploring-path-reparative-justice-america (Accessed on 20^th April 2022)

Kaur, A., & Bozic, B. (2019). Convolutional Neural Network-based Automatic Prediction of Judgments of the European Court of Human Rights. In AICS (pp. 458-469). Retrieved from http://ceur-ws.org/Vol-2563/aics_42.pdf1 (Accessed on 20^th April 2022)

Keser, H. (2019). Article 8 of the European Convention on Human Rights (ECHR) and the Protection of Personal Data. European Court of Human Rights' New Approaches to the Mass Data Processing (Doctoral dissertation, University of Essex). Retrieved from: http://repository.essex.ac.uk/27027/1/1802950_Dissertation.pdf1 (Accessed on 20^th April 2022)

McLeod, S. (2018). Communication rights: Fundamental human rights for all. International Journal of Speech-Language Pathology, 20(1), 3-11. Retrieved from https://www.tandfonline.com/doi/pdf/10.1080/17549507.2018.1428687(Accessed on 20^th April 2022)

Medvedeva, M., Vols, M., & Wieling, M. (2020). Using machine learning to predict decisions of the European Court of Human Rights. Artificial Intelligence and Law, 28(2), 237-266. Retrieved from https://link.springer.com/article/10.1007/s10506-019-09255-y1 (Accessed on 20^th April 2022)

Moscati, M. (2021). Maria Moscati, Review of Alice Margarita, The Construction of Fatherhood. The Jurisprudence of the European Court of Human Rights. International Journal of Constitutional Law. Retrieved from: https://academic.oup.com/icon/advance-article-abstract/doi/10.1093/icon/moab128/64609151 (Accessed on 20^th April 2022)

Odi.org, 2018 3: oil and gas, poverty, the environment and human rights Retrieved from https://odi.org/en/about/our-work/climate-and-sustainability/faq-3-oil-and-gas-poverty-the-environment-and-human-rights/ (Accessed on 20^th April 2022)

Spano, R. (2018). The future of the European court of human rights—Subsidiarity, process-based review and the rule of law. Human Rights Law Review, 18(3), 473-494. Retrieved from https://academic.oup.com/hrlr/advance-article-pdf/doi/10.1093/hrlr/ngy015/28000449/ngy015.pdf1 (Accessed on 20^th April 2022)

Sriram, C. L. (2004). Confronting past human rights violations. Routledge. Retrieved from https://www.oskarthoms.net/files/HRQ2007.pdf (Accessed on 20^th April 2022)

Voorhoof, D. (2022). European Court of Human Rights: Ghimpu and Others v. the Republic of Moldova. Iris, Legal newsletter of the European Audiovisual Observatory, (2022-3). Retrieved from: https://biblio.ugent.be/publication/8748512/file/8748515.pdf1 (Accessed on 20^th April 2022)

Wenrui, H., Jingwei, B., & Bin, H. (2013). Trend and progress in global oil and gas exploration. Petroleum Exploration and Development, 40(4), 439-443. Retrieved from https://www.sciencedirect.com/science/article/pii/S1876380413600555/pdf?md5=f89ec2202c5893f1a36ab291ddbb59aa&pid=1-s2.0-S1876380413600555-main.pdf&_valck=1 (Accessed on 20^th April 2022)

[1] Medvedeva, M., Vols, M., & Wieling, M. (2020). Using machine learning to predict decisions of the European Court of Human Rights. Artificial Intelligence and Law, 28(2), 237-266. Retrieved from https://link.springer.com/article/10.1007/s10506-019-09255-y1 (Accessed on 20^th April 2022)

[2] ECHR.coe.int, 2020 European Convention on Human Rights, 2019 Retrieved from https://www.echr.coe.int/documents/convention_eng.pdf (Accessed on 20^th April 2022)

[3] ECHR.coe.int, 2020 European Convention on Human Rights, 2019 Retrieved from https://www.echr.coe.int/documents/convention_eng.pdf (Accessed on 20^th April 2022)

[4] Spano, R. (2018). The future of the European court of human rights—Subsidiarity, process-based review and the rule of law. Human Rights Law Review, 18(3), 473-494. Retrieved from https://academic.oup.com/hrlr/advance-article-pdf/doi/10.1093/hrlr/ngy015/28000449/ngy015.pdf1 (Accessed on 20^th April 2022)

[5] Kaur, A., & Bozic, B. (2019). Convolutional Neural Network-based Automatic Prediction of Judgments of the European Court of Human Rights. In AICS (pp. 458-469). Retrieved from http://ceur-ws.org/Vol-2563/aics_42.pdf1 (Accessed on 20^th April 2022)

[6] Moscati, M. (2021). Maria Moscati, Review of Alice Margarita, The Construction of Fatherhood. The Jurisprudence of the European Court of Human Rights. International Journal of Constitutional Law. Retrieved from: https://academic.oup.com/icon/advance-article-abstract/doi/10.1093/icon/moab128/64609151 (Accessed on 20^th April 2022)

[7] Voorhoof, D. (2022). European Court of Human Rights: Ghimpu and Others v. the Republic of Moldova. Iris, Legal newsletter of the European Audiovisual Observatory, (2022-3). Retrieved from: https://biblio.ugent.be/publication/8748512/file/8748515.pdf1 (Accessed on 20^th April 2022)

[8] Keser, H. (2019). Article 8 of the European Convention on Human Rights (ECHR) and the Protection of Personal Data. European Court of Human Rights' New Approaches to Mass Data Processing (Doctoral dissertation, University of Essex). Retrieved from: http://repository.essex.ac.uk/27027/1/1802950_Dissertation.pdf1 (Accessed on 20^th April 2022)

[9] Brodeal?, E. (2022). Lisa McIntosh Sundstrom, Valerie Sperling, and Melike Sayoglu Courting Gender Justice: Russia, Turkey, and the European Court of Human Rights (Oxford University Press, 2019, 296pp,£ 61.00) ISBN: 9780190932831. Retrieved from: https://academic.oup.com/hrlr/article-pdf/doi/10.1093/hrlr/ngac005/42893320/ngac005.pdf1 (Accessed on 20^th April 2022)

[10] Odi.org, 2018 3: oil and gas, poverty, the environment and human rights Retrieved from https://odi.org/en/about/our-work/climate-and-sustainability/faq-3-oil-and-gas-poverty-the-environment-and-human-rights/ (Accessed on 20^th April 2022)

[11] Hrw.org, 2019 Exploring the Path to Reparative Justice in Americahtt Retrieved from atps://www.hrw.org/news/2021/02/17/hr-40-exploring-path-reparative-justice-america (Accessed on 20^th April 2022)

[12] Wenrui, H., Jingwei, B., & Bin, H. (2013). Trend and progress in global oil and gas exploration. Petroleum Exploration and Development, 40(4), 439-443. Retrieved from https://www.sciencedirect.com/science/article/pii/S1876380413600555/pdf?md5=f89ec2202c5893f1a36ab291ddbb59aa&pid=1-s2.0-S1876380413600555-main.pdf&_valck=1 (Accessed on 20^th April 2022)

[13] ECHR.coe.int, 2020 European Convention on Human Rights, 2019 Retrieved from https://www.echr.coe.int/documents/convention_eng.pdf (Accessed on 20^th April 2022)

[14] Echo. com. int, 2020 European Convention on Human Rights, 2019 Retrieved from https://www.echr.coe.int/documents/convention_eng.pdf (Accessed on 20^th April 2022)

[15] Sriram, C. L. (2004). Confronting past human rights violations. Routledge. Retrieved from https://www.oskarthoms.net/files/HRQ2007.pdf (Accessed on 20^th April 2022

[16] McLeod, S. (2018). Communication rights: Fundamental human rights for all. International Journal of Speech-Language Pathology, 20(1), 3-11. Retrieved from https://www.tandfonline.com/doi/pdf/10.1080/17549507.2018.1428687(Accessed on 20^th April 2022)