1. Artykuły / Articles

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Browsing 1. Artykuły / Articles by Author "Alcici, Lucas Moreira"

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    The Angola–Brazil Bilateral Investment Treaty: an introduction to its dispute settlement mechanism
    (Oficyna Wydawnicza AFM, 2021) Alcici, Lucas Moreira
    This article presents an overview of the Angola–Brazil BIT and briefly analyses the dispute settlement mechanism for investment disputes provided for by that agreement. The ratification of the BIT by Brazil a few years ago means that Brazilian investors are now able to seek protection to their investments in Angola through the bilateral dispute settlement mechanism established by the BIT. Although Investor-State arbitration is not envisaged in the agreement, Brazilian investors can request Brazil to act on their behalf bringing their claims before the Joint Committee for conciliation and, if this proves unsuccessful, initiating State-State arbitration proceedings against Angola.
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    The impact of new technologies on the law of State immunity: time for a reassessment of the scope of the territorial tort exception
    (Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie, 2024) Alcici, Lucas Moreira
    This paper argues that there should be a reassessment of the scope of the territorial tort exception to State immunity from jurisdiction. Due to the advance of technology, it is not uncommon that torts committed on the territory of a State, causing damages to properties, injuries to persons or deaths, have been originated, executed, or directed by a person situated on the territory of another State. This is usually the case with cyberattacks or attacks performed by drones, which have a transnational nature. When those torts are attributed to a foreign State, being committed by foreign State agents or private persons sponsored by a foreign State, the issue of State immunity arises in proceedings seeking redress before the courts of the State of the forum. This article claims the issue may be resolved by reinterpreting the territorial connection element of the territorial tort exception in light of the impact of new technologies to the law of State immunity.
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    The Protection of the Right to Freedom of Expression in International Human Rights Law: an Overview
    (Oficyna Wydawnicza AFM, 2020) Alcici, Lucas Moreira
    This paper provides an overview on the protection of the right to freedom of expression in international human rights law. It addresses the scope of this right and focuses on the exceptional circumstances in which this right might be restricted. According to international law, a restriction must be provided by law, pursue a legitimate aim and be necessary to achieve this particular legitimate aim. Additionally, the restriction shall be the least restrictive measure capable of achieving the legitimate aim pursued. In other words, freedom of expression may only be limited if the restriction meets the requirements of legality, legitimacy, necessity and proportionality, as defi ned by international human rights law.