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15 Amsterdam L.F. [1] (2023)

handle is hein.journals/amslawf15 and id is 1 raw text is: 


                                                                 AMSTERDAM
                                                                 L A W F ORUM


Editorial Note
WINTER ISSUE
January 2023

First and foremost, the Amsterdam  Law  Forum  Board Members   and Team   of Editors (ALF
Team  '22-'23) wish all valued readers of ALF a happy new year! May the beginning of 2023 bring
you warmth, courage and protection all year through! As many of you are aware, the ALF Journal
features articles that discuss, analyse and interpret current issues of international and transnational
legal nature. So off to a good start, we are proud to present you this academic year's first
publication, namely the Winter Issue. In this Issue, we feature the works of three young scholars
who  have raised questions on three different important topics of our time-one on climate change,
one on freedom  of expression, and one on intellectual property rights.

While  Russia's invasion of Ukraine in February 2022 has caused a great deal of legal, economic
and political turbulence last year, forcing millions of people to flee their homes and resettle not
only in Europe but also globally, the turbulence continues as States and their respective citizens
face other pressing global issues such as that of climate change. Apparently, the displacement of
people is one of the adverse effects of climate change, especially those living in coastal areas
and/or  State islands who are threatened by rising sea levels unless they move out. The big
question, however, is: where would they go? To address this question, Benjamin Hagiarian
gives a nuanced view in the opinion article titled, The Daniel Billy vAustralia case; its semantics
and  the characteriation of a climate threat as a cause for migration Hagiarian tackles the issue
of climate refugees in light of the recent Human Rights Committee (HRC) decision in the Daniel
Billy v Australia case. The case concerns the displacement of indigenous people from Torres
Islands, who claim that Australia has failed to fulfil its positive obligation to mitigate or adapt
measures  to reduce the State's greenhouse gas emissions, which led to the destruction of their
lives and livelihoods. In the article, the author particularly focuses on the case's semantics and
their implications for the concept of 'climate refugee'. Among others, the author considers factors
to determine a climate refugee status, the responsibilities of States towards them, and the threat
of climate change to human life.

Notably, ALF  also welcomes submissions from scholars all over the world because it matters in
the international legal discourse to hear a variety of opinions, insights and/or interpretations of
issues from different perspectives. But while freedom of expression is an inalienable right of
human  beings, it is not an absolute right. Inevitably, one man's rights could end where the other
man's  rights begin. This is the premise of the opinion article by Mofoluwawo Oluwapelumi
Mojolaoluwa  titled, Interrogating Einstein's proposition for tolerance as a safeguard to freedom
of expression . Interestingly, the author explores an unconventional approach to freedom of
expression, which is a topic of great debate in the face of media blackouts and 'cancel culture'.
By tapping on social values, the author argues that without tolerance, fear and shame (which are
potent tools of repression) can thrive and win over freedom of expression (which is the hallmark
of democracy). Mojolaoluwa  specifically highlights Albert Einstein's famous statement, Laws
alone can not secure freedom of expression; m order that every man present his views without
penalty there must be spirit of tolerance in the entire population. By connecting this classic
declaration with current political developments, the article serves as a reminder that laws always
take effect in a context of values, morals, and ideologies.

Speaking of fundamental human  rights, even intellectual property rights (which is another domain
of law) show overlaps with human  rights law as Article 27(2) of the Universal Declaration of
Human Rights   (UDHR) states,  Everyone  has the Right to the protection of the moral and

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