Volume 24, Issue 1

This research addresses the theoretical and legal perspectives of energy-smart agri-food systems (ESAFS) concerning sustainability and the right to food. ESAFS supplies self-generated sustainable energy for agricultural production. These are an alternative for reducing agri-food systems’ dependence on fossil fuels and building their resilience against exponential energy prices. There is a scarce legal regulation on the implementation of renewable energy sources in the agri-food sector, which decides the poor theoretical and legal treatment. This research’s main objective is to approach renewable energy sources in agri-food production in Latin America and the Caribbean from a theoretical and legal perspective.

Directive 2019/770, of 20 May, on certain aspects concerning contracts for the supply of digital content and digital services addresses the possibility for the trader to modify features of the digital content or digital service supplied or made accessible to the consumer over a period of time. Considering the fast-evolving character of digital elements, modifications can be advantageous for the consumer. Such modifications can be divided into two categories: those necessary to maintain the conformity of the digital content or service (the updates referred to in the Directive) and those that are unnecessary or evolutionary, which would deviate from the objective requirements for conformity and which are foreseeable at the time of conclusion of the contract. The modifications that are necessary to keep conformity with the contract are also foreseen in the Sale of Goods Directive (Directive 2019/771), given that the digital content or digital service incorporated in or interconnected with the goods is constantly developing. However, this directive dos not make any provision for unnecessary or evolutionary modifications. The main purpose of this article is to examine the category of non-necessary modifications referred to exclusively in the Directive 2019/770. It also analyses the possibility of modifying the digital element that accompanies the good (in categories of good with digital elements). The analysis is approached from the perspective of unfair commercial practices and the need to address the premature wear and tear of the so-called goods with digital elements.

This article proposes a perspective on res judicata whereby it can be approached as an epistemic barrier to the fact-finding process in subsequent civil proceedings. Being a well-recognized principle, it is enshrined as a strong and respected legal doctrine, recognized in every contemporary modern justice system, allowing courts to apply it confidently and commonly. Res judicata impedes the reiteration of litigation among the same parties on the same topic, and, in so doing, it will not allow further discussion on the issues adjudicated, notwithstanding the fact that new and better evidence might come to be available, and consequently result in a more accurate judgment. Thus, the private and public rationale for res judicata and its preclusive effects can be defined as a non-epistemic value of the public policy that diverts from the truth-seeking purpose of the judicial process toward finality and conclusiveness.

The underlying premise of a global constitutional order is dictated by the singular, unitary nature of the environment, a deeply interdependent whole. This premise aside, international environmental law, as we know it today, is far from constituting an international constitutional order. Rather, it presents a broad set of principles and mixed legal and political commitments of states dispersed in a myriad of international instruments possessing varying degrees of formality, legal status, scope of regulation, and effect. Its unparalleled dispersion, organizational and regulatory flexibility, and overall indeterminate features of normative content and procedure are neither improbable nor inconceivable for a relatively new genre of international legal regulation, namely the environment. Simply put, a consolidated international legal order as it ordinarily exists in other arenas is missing in the case of the environment. In shaping its contents and effects, a new institutional ally is found in national and regional judicial bodies, which instead rely on human rights to ground their decisions in pursuit of climate goals and aspirations. The ensuing result is that framing the order that will govern the global environmental change, resort must be made to the models already fashioned by the practice of national and regional systems. Ultimately, this article proposes the principal parameters of a constitutional order for the environment.

The colonial nature of international law has been a moot point in legal academia, which univocally suggests international law as an imperial instrument. Given these exergies, the question that this paper seeks to examine is how Portuguese encounters in the 16 th century Sri Lanka reflects the seeds of international legal system dominated by European interests. The policy espoused by the Portuguese in Sri Lanka during their encounters with the Kotte kingdom raise the initial examples of unequal treaties, exclusion of sovereignty and the adoption of “puppet rulers”. This paper makes a critical inquiry in examining these elements parallel to the development of 16th century international law. The objective of this article lies in examining the trajectories that set the path for Portuguese imperial legitimacy of Kotte kingdom of Sri Lanka through a legal legitimacy. In analysing these historical factors, this article will discuss the emergence of the colonial international law.

This article pays tribute to Professor Armand de Mestral, a revered figure in international and international trade law from the McGill Law faculty. With a career spanning over forty years, he notably contributed to legal scholarship and policy, held the Jean Monnet Chair, and served as an arbitrator in various international tribunals. Professor de Mestral’s work in EU law and regional trade agreements, coupled with his leadership in the Canadian Red Cross Society, highlights his profound influence in both academia and social justice. His legacy continues to inspire future generations in the field of international law.