The concept of obligations erga omnes within the scope of the rule of allocation

The ambiguity of scholars' vision of the content of the principles of international law and their corresponding definition in doctrinal discussions can be reduced to two main directions. First, it is a problem of coverage of the concepts of principles of international law of generally accepted principles of law, and, secondly, the problem of limiting the category of principles of public international law to only ten basic principles of international law. These discussions confirm the relevance and urgency of its solution. The general principles of international law, as the inheritance of all mankind, are the result of the development of all legal systems of the world in its legal unity. These principles represent the unity of the general principles of international law, which are inherent only in the international legal system; general principles of law inherent in both national and international legal systems, as the ideological foundations of law; and common principles of national legal systems, which with certain comments can be applied to international legal relations. If we take as a basis Art. 38 of the Statute of the UN ICJ as a conditional list of sources of international law, where generally accepted principles of international law are not provided as such, the interpretation of this article can be imagined as conclusions that the principles of international law as special to general principles of law are norms of international law its reflection in any of the sources of international law, including those, which are unforeseen articles 38 of the Statute of the UN ICJ. The main difference between the principles of international law and general principles of law is that they contain specific rights and obligations for subjects of international law and are directly a regulator of international relations. Such unity can be deduced from the normative interpretation of Art. 38 of the UN Statute, in particular: the sources of enshrining the general principles of international law are customs and international treaties in accordance with paragraph a and paragraph b of Art. 38; the source of the general principles of law is paragraph c of Art. 38 of the Statute of the UN ICJ (general principles of law recognized by civilized nations); the source of identification or the legal basis for the application of the common principles of national law is paragraph d - ex aequo et bono, their application by an international court on the basis of the principle of justice.

Interactions between Investment and Non-Investment Obligations in International Investment Law

This article, inspired by the authors’ participation in the research of the Tax Committee of the International Law Association, calls into question the appropriateness of the traditional definition of “tax nexus” and stresses the need to reconcile the existing rules with the principles of international law. It outlines possible avenues for establishing workable, fair and common criteria and rules for the definition of “tax nexus” that operate globally. The article focuses on the existing rules on international tax nexus, inter alia, residence and source, taking into account the principles of public international law, such as those related to tax sovereignty. It proposes the development of a new fair and equitable tax nexus to address the challenges of the globalized modern world, which can potentially draw from the practice in other areas of law, such as competition law. In such a global context, the goal is to verify whether and in which cases multiple criteria for nexus can be replaced with a single nexus based on the concept of the closest connection to a single jurisdiction.

The research discusses the impact of the problem of artificial intelligence on public international law, through the concepts, challenges and risks facing international law and human rights law as branches of the principles of public international law, with regard to the risks of autonomous weapons, and the risks that concern human rights to life, privacy and others. The selection plan was chosen to select a number of topics, as we discussed in the first topic the conceptual framework of artificial intelligence, its forms and applications, In the second section, we discussed the problems of artificial intelligence facing international law within the framework of international humanitarian law and human rights law and the mechanisms of international law in confronting these problems. We concluded the research with a conclusion that included the results we reached and the recommendations in light of that, and we reached a main conclusion, which is that the rules of international law are no longer able to keep pace with the rapid development of artificial intelligence and its actual and potential risks, which requires a radical development to put an end to the risks of artificial intelligence.

The first principles of law, state and government that, for Hobbes, had their embodiment in the condition of commonwealths were principles which he saw as given in what he stated to be the fundamental laws of nature. At the same time, the laws of nature were presented by Hobbes as laws that applied to commonwealths in the sphere of their mutual external relations, and hence as laws which, in their international application, were to be thought of as being identical with the substance of the law of nations. In this chapter, the concern lies with the principles of natural law that Hobbes specified in their status as principles of the law of nations, and so with the view that Hobbes took of international law and of its essential constituent elements. Thus there is consideration given to the idea of the international state of nature, as the form of society holding among commonwealths in which the principles of natural law were regarded by Hobbes as having application. Also, there is detailed treatment provided of the principles that Hobbes gave expression to with his statement of the laws of nature, as these served to define what stand as the leading substantive principles of public international law.

Within the vertical structure of the concept of law underlying the concept of public international law, rules of public international law are not seen as inherent in international society. Mainly through the prism of the framework of obligation, rules of public international law are regarded as emanating from a political process in the form of the sources of public international law. By implication from its subpara (d), Article 38, para 1, subparas (a)–(c), of the Statute of the International Court of Justice lists as primary sources: conventional international law, customary international law, and general principles of law. When situated within the mutual exclusivity of the framework of obligation and the framework of authorization, however, those sources of public international law do not, it is submitted, produce coherent rules of public international law. Even though conventional international law or customary international law may stipulate both rights and obligations, the mutual exclusivity of both frameworks only allows one or the other to be operative. The present part situates these traditional sources of public international law within the mutual exclusivity formed by the framework of obligation and the framework of authorization and describes how general principles of law, conventional international law, and customary international law may be resituated within the reformulated framework. This does not require transposing these sources to the reformulated framework, but delineating a transition from the incoherence of the mutual exclusivity of both frameworks to the reformulated framework. As a consequence of this transition, the function of rules of public international law produced by the sources of public international law would be transformed. Within the reformulated framework, general principles of law may be seen as transiting the reformulated framework and the constituting of international society. Customary international law may be regarded as involving the direct constituting of international society on the basis of the ground structure. Conventional international law may be regarded as transiting general principles of law and customary international law, incorporating both principles and rules.KeywordsMutual ExclusivitySubparaJustice ListsInternational SocietyObligationThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

This chapter presents an analysis of how the three core principles of public international law (PIL), viz. sovereign equality, good faith and the rule of law, interact with each other within the context of IIL and contemporary IIA dispute settlement. Next, after deconstructing the dogmatism that seemingly underlies calls for States to 're-assert themselves' into the interpretative process, it offers some criticisms of their recommendations. After revisiting the issue of how the reformers seem to apprehend the constructs of State and sovereignty, the chapter addresses a fallacious theory under girding many calls for change. The chapter concludes with a proposal that, perhaps, the increasingly shrill claims that ILL allegedly suffers from an acute and systemic crisis of legitimacy may say more about the ideological orientation and collective worldview of those making such claims than it does about their target. Keywords: fallacious theory; good faith; ideological orientation; legitimacy; public international law (PIL); sovereign equality

The conceptualization of the State as an entity endowed with legal personality has played a central role in the development of French and German public law, and is also one of the fundamental principles of public international law. The first theories viewing the State as a legal person emerged in the mid-19th century, and were still widely discussed at the beginning of the following century. Curiously, however, Swiss scholars were not as enthusiastic about the matter than their foreign counterparts. In Switzerland, while it is traditionally accepted that the State, the cantons and the municipalities are legal entities, neither the dogmatic basis for this personality, nor its material scope, are really clear. The present contribution examines this apparent shortfall, drawing on the various theories of the person-state developed in France and Germany, and on the concept of legal personality under public law, to examine the legal position of the state in Swiss law. It concludes that the State is a legal person governed by public law by virtue of customary law. It is argued, however, that the distinction between legal personnality under public-law and legal personality under private law must be relativized with regard to their material content. Thus, the legal personality of the State is not intrinsically different in scope from the legal personality enjoyed by private persons. In Swiss law, the personification of the State does not explain what makes it a distinct legal phenomenon, nor does it constitute a conceptual necessity. On the contrary, it is a pragmatic response to the need to make the State a center for the imputation of rights and obligations.

Intimations of Global Anti-Bribery Regime and the Effectiveness of Extraterritorial Enforcement: From Free-Riders to Protectionism?

This chapter deals with some of the basic principles of Islamic international law and analyses them with the principles of public international law which have long been recognised in international relations of states.The nature of both systems of international law is discussed side by side to present both laws simultaneously and also to emphasize that even though their sources have different bases and methods of application, their aims, more or less, coincide with each other for the peaceful implementation of the rules of the international legal community and the peaceful settlement of international disputes. The chapter is also devoted into some of the general philosophies of both systems and their jurisprudential value. It has a leading function in the presentation of some of the issues arising from the misinterpretation of both systems within the international legal and political community as a whole.Keywords: international legal community; international relations; Islamic international law; public international law

The overall picture of foreign direct investment (FDI) across the world has been characterized by a steady decline. Being one of the key aspects of the international economic collaboration, overseas investment faces a more significant challenge of protecting the legal rights and interests, and there are numerous practical issues that require a systematic approach to their solution. According to the main principles of public international law, this article refers to the authoritative information provided in the World Investment Report 2025 published by UNCTAD, the official case statistics of the International Centre for Settlement of Investment Disputes (ICSID) and the 2023 Statistical Bulletin of China Outward Foreign Direct Investment. It explores the pragmatic challenges and the underlying cause of overseas investment protection based on the framework of public international law, offers specific institutional coordination solutions, and gives recommendations to the improvement in line with the Chinese experience of overseas investment. The research has established that the disintegration of the investment treaty system, the clash of interests between the sovereign of the host country and the investor, and the lack of effective functioning of the mechanism of resolving disputes have significantly limited the efficacy of the protection of overseas investment. The lag of public international law rule updates behind investment practice and the notable divergences in legal concepts among countries are the core causes of the above-mentioned dilemmas. This paper aims to offer practical insights for the international community to address investment protection issues, promote investment liberalization and facilitation, and facilitate the sound recovery of the global investment market.

The Applicability of the Energy Charter Treaty in ICSID Arbitration of EU Nationals vs. EU Member States

Investor-State Dispute Settlement (ISDS) is a mechanism that allows foreign investors to bring claims against states in which they have invested, typically through arbitration rather than national courts. Initially conceived as a means to protect investments in politically unstable environments, ISDS has become a central point of debate in international public law. This article offers a critical assessment of ISDS and explores future directions for reform to align the mechanism more closely with modern principles of public international law.

The first edition of Professor Ian Brownlie's Principles of Public International Law was published in 1966. It is now in its fifth edition. The book covers the major aspects of the law of peace. Its structure has not greatly changed since the first edition. It is well established as a student textbook and it is a work of authority. The book is well known for its disavowal of the treatment of the basis of obligation in international law, though Brownlie has made some remarks about his position in other writings. The paper considers whether the structure of the book has stood the test of time, both in relation to changes in international law and in the law school syllabuses in the United Kingdom. It then addresses Brownlie's foray into theory and whether it sits well with the account of the law presented in the book. It concludes that it does not do so in all respects and that it leaves one very big question unanswered.

The article is devoted to the identification, definition and research of theoretical and praxeological factors and trends leading to the objectification of the issue of codification works in the field of international legal standards of human rights. It is proved that issue of human and citizen rights and freedoms, since the creation of the UN in 1945, has been a fundamental object of cooperation between states in the modern international community (see the Preamble to the 1945 UN Charter). That is why at the level of such an association of modern states, as well as at the regional and bilateral levels, in order to detail and specify the mandatory obligations of states in this most important sphere of interaction, a large number of multilateral and bilateral international interstate treaties, which, firstly, affect a wide range of subjects (people, women, children, disabled people, believers, prisoners, soldiers, prisoners of war, the elderly, pensioners, athletes, etc.), and secondly, establish mandatory obligations of their member states (international legal obligations of states, obligations of states under international treaties signed by them) in relation to a wide range of rights recognized by their legally recognized international catalog (personal, political, economic, social, cultural, environmental), thirdly, in the process of their implementation in various conditions (peacetime, state of martial law or war, environmental and man-made disasters, other extraordinary conditions of existence and functioning of statehood, etc.). It is noted that in the modern world, since the creation of the UN, the protection and observance of the basic rights and freedoms of a person and a citizen have ceased to be the competence of a specific country, but have become the business of the entire international community, since, first of all, it is the "alpha and omega" of international cooperation of states in its boundaries (the teleological factor of the modern international order – author); secondly, it is precisely within its limits that a powerful international legal array of treaty law documents was created regarding such specialized protection and protection of human and citizen rights / thanks to the increased concern and attention of the international community to these issues at various times, authoritative international organizations, including the UN, adopted about 300 declarations, conventions, charters/ (determining source factor of the modern international order – author); thirdly, for a long time, they have been the most important task of many states of the world community in terms of fulfilling their international legal obligations, taken within the framework of the international treaties signed by them and the implementation of their instructions within the limits of national jurisdiction (a mandatory factor of the modern international order – author); fourthly, there are clear international legal mechanisms of protection, protection and control over the fulfillment by member states of the international community of international legal obligations in the field of human and citizen rights and freedoms (the technologically protected factor of international protection, protection and control of modern international order – author); fifthly, the regulatory and technological phenomenon "international legal standards of the rights and freedoms of man and citizen" was used for the first time, which was transformed into an important, modern, effective phenomenology of modern international law, based on the relevant international and national implementation mechanisms of the international treaty law and provides for the mandatory borrowing of the above standards by the national constitutional legislation of the states – respectively, either signatories, or participants, or parties to relevant contractual international legal acts (transformational and implementation factor of international protection, protection and control of the modern international order – author). It is argued that, taking into account the special importance and socio-legal significance of international legal standards of human and citizen rights and freedoms for the formation and implementation of institutional-organizational and regulatory-obligatory guidelines of the modern international legal order, based on the fundamental principles of public international law, the problem of their codification acquires of significant importance.