Application Of International Law Research Articles

Stuxnet vs WannaCry and Albania: Cyber-attribution on trial

The cyber-attribution problem poses a significant challenge to the effective application of international law in cyberspace. Rooted in unclear standards of proof, evidence disclosure requirements, and deficiencies within the legal framework of the attribution procedure, this issue reflects the limitations of some traditional legal concepts in addressing the unique nature of cyberspace. Notably, the effective control test, introduced by the ICJ in 1986 and reaffirmed in 2007 to attribute the actions of non-state actors, does not adequately account for the distinctive dynamics of cyberspace, allowing states to use proxies to evade responsibility.The legal impracticality and insufficiency of the attribution procedure not only give rise to the cyber-attribution problem but also compel states to develop new attribution tactics. This article explores the evolution of these cyber-attribution techniques to assess whether contemporary state practices align with the customary rules of attribution identified by the ICJ and codified by the ILC within ARSIWA, or whether new, cyber-specific rules might emerge. By analyzing two datasets on cyber incidents and three distinct cases – Stuxnet, WannaCry, and the 2022 cyberattacks against Albania – this article concludes that the effective control test cannot be conclusively identified as part of customary rules within cyberspace due to the insufficient support in state practice. Furthermore, it is apparent that the rules of attribution in the cyber-specific context are in a disarray, lacking consistent, widespread and representative practice to support a general custom. However, emerging state practice shows some degree of unification and development, suggesting the potential for the future establishment of cyber-specific rules of attribution.

The Usage Of Bakamla Force In Safeguarding The Seas Of Indonesian Jurisdiction

This abstract aims to highlight Indonesia's maritime security challenges, including threats, jurisdictional defense, and Bakamla's role. It also discusses limitations in maritime operational capabilities. This study employs a qualitative research method to describe, explore, and understand the meaning perceived by individuals or groups regarding current social or human phenomena. The research adopts a juridical-normative approach with a focus on the principles of the use of force by Bakamla RI. Data is collected through literature reviews and analyzed using qualitative data analysis techniques proposed by Miles, Huberman, and Saldana (2014) which involve data condensation, data display, and conclusion drawing and verification. The result is maritime security is an important aspect for a country. Maritime security refers to threats to the maritime. The Indonesian Sea, which has abundant natural resource potential and as an international trade route, is vulnerable to maritime threats. The Maritime Security Agency or Bakamla exists as an effort to maintain and defend the jurisdiction of Indonesian waters for the sake of national interests. In its role, often the threat is faced with a situation in which the use of force must be carried out. The use of force is a last resort to address existing threats based on the basic principles of the use of force and firearms (BPUFF), codes of law enforcement, human rights and applicable national and international law. The use of force must be carried out based on the scale and level of risk of the existing threat, not necessarily the use of force is allowed under the pretext of self-defense.The conclusion is Indonesia's maritime richness faces increasing threats, necessitating careful use of force by Bakamla, guided by legal and ethical considerations.

Harmonizing International Environmental Law and National Sovereignty

International environmental law is an important legal tool to deal with the global environmental crisis. In recent years with the increasingly serious and global environmental problems the speed and depth of environmental problems are also increasing. In this process the relationship between state sovereignty and international environmental law and its conflict become the object of study. "To do a systematic analysis this paper attempts to destroy the conflict between national sovereignty and environmental rights and on the basis of in-depth discussion of the background concept formation and development stage of international environmental law to explore whether the two can be coordinated. In particular the concept of "soft standards" is proposed to analyze its actual status and role in international environmental law and its dialectical relationship between legal significance and legal effect in non-binding international instruments. On the basis of respecting national sovereignty the document said that strengthening the supervision of international mechanisms and improving the national responsibility system can promote the effective coordination of international environmental law and safeguard national sovereignty and realize the mutual benefit and win-win situation of environmental protection and national interests. At the same time it puts forward a more cautious attitude towards the criticism and modification of the soft law of the international environment and emphasizes that the universal basis of the law should be paid attention to in the practical application so as to avoid the marginalization of legal research due to excessive dependence on social analysis methods.This paper aims to provide theoretical support and practical guidance for the further development and practical application of international environmental law.

Crimes at sea: Exploring the nexus of maritime crimes across global EEZs

Maritime crime refers to conduct which is perpetrated wholly or partly at sea and is prohibited under applicable national and international law. It also represents an understudied sector of crime and security. Crimes including maritime piracy and armed robbery; illegal, unreported, and unregulated (IUU) fishing; terrorism; and illegal drug, arms, wildlife, and human trafficking occur across maritime zones and pose serious threats to international trade, national security, and maritime security. Notably, these crimes often do not occur in isolation. Previous research has documented the convergence of these crimes within the terrestrial space but is thus far lacking a similar analysis as it pertains to the maritime space, which accounts for one of the most commonly used trafficking modes. Therefore, using data from the Stable Seas database, we aim to understand how different types of maritime crimes geographically converge and what this intersection means for policy and practice. Specifically, data on maritime piracy and armed robbery; mixed migration; and maritime arms, cannabis, coca, opiate, synthetic drug, and wildlife trades are analyzed to (1) establish rankings of maritime crime importance; (2) develop typologies of maritime crime convergence; and (3) integrate predictor variables to understand why certain regions tend to experience more abundant crime than others. Given data availability and policy relevancy, analyses focused on coastal countries of Africa, Middle East, and the Indo-Pacific.

Reflections on the European Union’s participation in negotiations of the global plastic pollution instrument under international environmental law

Increasing plastic pollution is looming worldwide, damaging biodiversity, marine ecosystems, and human health. At the global level, no overarching normative framework sets out the specific rules and principles of general application in international environmental law, leading to difficulties in compliance and enforcement of plastic pollution governance. Developing an effective and legally binding instrument to tackle this emerging issue is imperative. The United Nations Environment Assembly (UNEA) has called for developing an international legally binding instrument on plastic pollution, including in the marine environment, based on plastic’s full lifecycle approach. As one of the active participants in the negotiations, the European Union (EU) has discussed various aspects of the instrument in detail and sought to introduce the EU governance experience at the international level. This article develops a framework that considers contextual, actor, and process factors to assess the extent of achieving EU targets. On this basis, we argue that the EU’s objectives for the international instrument may be achieved at a high level. However, how the EU responds to challenges will also impact subsequent development, which may require the EU to adopt a more moderate stance and compromise on some controversial issues.

The Practice of the Caribbean SIDS on the Consent Regime for Marine Scientific Research Under UNCLOS: Trends, Gaps, and Recommendations

This article examines the practice of the Caribbean Small Island Developing States (SIDS) regarding the consent regime for marine scientific research (MSR), identifying trends in the interpretation and application of international law, and implementation gaps. The state practice analyzed is derived from domestic laws, regulations, and policy instruments, and from responses to questionnaires by state officials responsible for interpreting and applying the MSR consent regime. It concludes that the framework is fit for purpose and that states share a common interest of furthering marine research, while proposing recommendations for future-proofing the consent regime and advancing the scientific and technological capacity of the Caribbean SIDS.

Прилагане на международното право при субектите на международните отношения

A key topic in the implementation of international relations is the application of international law. Of essential importance are the rights or functions of the subjects of international law, as well as the dependence between them. Relations between subjects of international relations depend on international law to a large extent. The main functions, rights and obligations of subjects in international relations must be carried out according to the provisions of international law.

Law in orbit: International legal perspectives on cyberattacks targeting space systems

Space sector systems enable numerous critical functions and are often integrated into existing telecommunications infrastructure to enhance network connectivity coverage and capacity. Amid escalating cyber threats, this paper examines the application of international law to cyber operations targeting space infrastructure, addressing a critical gap in discourse. While declarations by global entities affirm the applicability of international law to cyberattacks, the complexities of cyberspace, compounded by the unique aspects of space infrastructure, pose challenges in implementation. Recognizing the absence of global cyber law and a lack of customary international law regarding cyber operations on space infrastructure, this study provides one of the first legal examinations via case analysis of cyberattacks on space infrastructures, both terrestrial and orbital, through the lens of international humanitarian law, the law of armed conflict, and outer space law. This paper adopts a comprehensive approach, considering perspectives from differing national stances as we review three main principles of international law: the general principle of sovereignty, the prohibition of intervention, and the prohibition of the use of force. Based on our analysis of three hypothetical but realistic cyber operation scenarios, international law can apply to cyberattacks on space infrastructure, and violations can occur if all conditions of a given law are met and attribution can be made to a state actor. Yet, applying these laws in a cyber context has proven to cause some complexities and disagreements, and it would be a mistake to ignore the reality that there is still significant ambiguity and varying interpretations, which could impede the unequivocal enforcement and application of these laws in such scenarios.

Cyber Operations in Peace and War: A Framework for Persistent Engagement

During 1990s, the concept of information warfare (IW) and information operations (including cyber operations, psychological operations, and electronic warfare) could be conducted with varying intensity across all stages of peace and conflict. At that time, many of the concepts related to cyber operations were still hypothetical. Subsequently, conflicts and competition between states have demonstrated the capabilities and limitations of cyber operations. Research emerging in 2022 by multiple authors demonstrate the limitations and usage of offensive cyber operations and maintaining a sustainable military cyber capability, as well as proposing alternative models for conflict in cyberspace. Alongside this, there has been increased attention on the impact of ICTs on international security and the responsible behaviour of nation-states in cyberspace. There is still ambiguity and different perspectives on the application of international law in cyberspace. This uncertainty disrupts the original models of IW and warfare, which assumed clear distinctions amongst the conflict stages. Both the discourse of ICTs in international security and recent conflict necessitate a reconsideration of the decades-old view of IW in times of peace, war and the grey zone in between. This paper proposes a framework for the roles of cyber operations across the stages of conflict based on contemporary perspectives on the utility of cyber operations as well as practical examples. In rethinking the IW model, a multidisciplinary view is required, considering the technical, legal, social and international security perspectives.

Applicability of Apartheid to Situations of Occupation: At the Crossroad between International Humanitarian Law, International Criminal Law, and International Human Rights Law

The article deals with the applicability of apartheid in occupied territory. Rather than assessing whether in specific situation of an occupation an occupying power has established an apartheid regime, the article discusses whether there is anything in the law of occupation or in the international regulation of apartheid that makes them mutually exclusive. On the basis of international human rights law, international criminal law, and international humanitarian law considerations, it is argued that apartheid can be applied to occupied territory following the ordinary rules for the application of international human rights law and international criminal law in occupied territory. Accordingly, international law does not bar the application of apartheid in occupied territory, but rather, the law of occupation and apartheid coincide to strengthen the protection of civilians in occupied territories.

Application of Private International Law in Space Travel at a Distance of Light Years Using Future Technologies

In particular, the article hints at the possibility of conflicts between states due to competition for resources in space, as well as the lack of full regulation of legal aspects in interstellar space. Particular attention is paid to the development of international treaties and mechanisms aimed at resolving these issues and ensuring peace and cooperation in outer space. Such documents can become the basis for creating a single legal space in outer space, where the rights and obligations of all entities will be clearly defined. The article concludes by emphasizing that the development of future space technologies requires a global approach to legal regulation to ensure security and stability in space, as well as the use of these new opportunities for the common benefit of all mankind. The article examines the topical issue of application of private international law to space travel over distances of light years using advanced technologies of the future. Travelling in space over such a vast distance is becoming increasingly realistic due to the development of astronomical research and technological progress. Legal aspects are an important aspect of such travel, as space activities raise numerous legal issues. Private international law defines the legal status of persons and objects in space representing different states. The application of this law requires resolving issues of jurisdiction, ownership, liability, and conflict resolution between different states and space actors. Future technologies, such as high-speed interstellar transportation and expanded habitat modules in space stations, introduce new challenges to the regulation of these issues. The article raises a lot of questions to which answers will still be found, and this process is a process that belongs to the future. At this stage, it is not known who else in the world would raise similar issues in the context of private international law, public international law, and international law in general.

Common African Position on the Application of International Law to the Use of Information and Communication Technologies in Cyberspace, and all associated Communiqués adopted by the Peace and Security Council of the African Union

Common African Position on the Application of International Law to the Use of Information and Communication Technologies in Cyberspace, and all associated Communiqués adopted by the Peace and Security Council of the African Union

국제물품매매계약에 관한 UN협약의 적용을 위한 내적흠결과 외적흠결에 대한 판례 경향

Purpose : In international sales contracts, even though the United Nations Convention on Contracts for the International Sale of Goods (CISG) is primarily applied, issues arise when the CISG lacks specific regulations or when its substantive content is insufficient. This study examines foreign case law related to such external and internal defects within the CISG framework.
 Research design, data, methodology : In the 2021 Supreme Court decision (case number 2021다269388), the court highlighted the lower courts' failure to consider international legal elements and instead applying domestic law to international sales contracts. In this study, we analyzed foreign case law concerning the issues of applying the CISG versus domestic law, as well as external and internal defects in the context of these laws.
 Results : Through this research, we were able to review case law from various countries regarding the preferential application of the CISG in international sales contracts. Additionally, in many cases involving external and internal defects, we observed the application of domestic law in accordance with principles of private international law, or the necessity to apply other international conventions.
 Conclusions : This research underscores the importance of a deep understanding and knowledge for the appropriate application and interpretation of the CISG in international transactions. It suggests the need for an international and comprehensive approach to legal issues related to international trade in the future, emphasizing the significance of understanding the application of international law both in education and in practice.

FORMAL AND LEGAL BASIS FOR THE INSTITUTIONALISATION OF INTERNATIONAL COMMERCIAL ARBITRATION: 100 YEARS OF EXPERIENCE

The article reveals the formal-legal basis for the institutionalisation of international commercial arbitration. It is found that states are still far from a unified understanding of the basic scope of human rights, but they have a clear common vision of the mechanism for protecting the interests of international commerce. Against the background of the economic and innovative successes of the EU and other countries in the world that have made human rights a priority, it would appear that the source of modern transnational trade problems lies precisely in another group of states in which commercial interests dominate human rights. This second type of state nourishes its development at the expense of the innovations of the first type of state, its constructive and passionate representatives. Innovative solutions are formulated by the freest people, whose freedom is legally and organisationally guaranteed, which becomes a source of release for their creative, productive existential energy. Therefore, the contradictions between these two types of entrepreneurs of nations give rise to commercial disputes regarding the path of development, as well as legal conflicts within each of these types of nations regarding the vector of development or decline. Strategically, it is an ontology of modern problems of international commercial disputes. It is emphasised that the institutionalisation of international commercial arbitration is conceived as the creation of legal models for interpretation, determination of cause-effect relations, assessment of all essential circumstances of commercial relations, about which the parties of this type of social interaction have not reached an agreement and are forced to turn to mediators, to whom they entrust jurisdiction over the dispute between them. It was noted that the legal reality of the institutionalisation of international commercial arbitration reflects the path of human development, which at the present stage is marked by crisis. Logical, rational, clear law is in a permanent process of critical evaluation of the synergy of creative, risky, adventurous, pragmatic entrepreneurship. Ideal legal models absorb the constructive activity of entrepreneurship, foreseeing its long-term prospects as positive. At the same time, it is the task of lawyers to reject those types of economic relationships that threaten common humanity. In conclusion, the UN Commission on International Trade Law is the only global body designed to ensure the optimal course of correlation processes between private international law and transnational commercial activity. At the same time, however, this Commission suffers from all the consequences of the UN's dysfunction. This is particularly evident in the UN's inability to prevent wars, famines, environmental disasters, military crimes and other global crises. It is advisable for the states to create a separate organisation in which they can coordinate their legal standards of joint entrepreneurship in the extractive industries, production, trade, finance, as well as the global environmental, national economic and other consequences of commercial projects. This organisation would become a convenient platform for honest parity in the unification of the legal practice of transnational entrepreneurship and the settlement of its disputes, based on the legal customs and traditions of different nations. This would provide a significant impetus for the healthy creation and application of international private law, capable of determining the vector both of global progress and of appropriate transformations in domestic national economic policies.

Certainty of Divorce Laws in Different Countries Based on Indonesian International Civil Law

International divorce cases involving spouses from different nationalities present complex challenges that necessitate a solid grasp of private international law principles. The divorce process in Indonesia, particularly for couples with different nationalities, requires adherence to national legal regulations and applicable laws. International treaties, notably the Convention on the Civil Aspects of International Divorce, provide a uniform legal framework for addressing such cases. Recognizing and enforcing foreign divorce judgments across jurisdictions is vital to prevent multiple divorces and ensure legal certainty, necessitating coordination between countries. Child protection takes center stage in interstate divorce cases, emphasizing jurisdictional determination and the proper application of the law to safeguard the child's best interests. This research, using normative juridical methods, explores the application of international private law in inter-state divorce cases in Indonesia, shedding light on legal complexities and contributing to a deeper understanding of legal certainty. In essence, addressing interstate divorce issues involves considerations of jurisdiction, choice of law, recognition, and the protection of children's rights, making a profound understanding of international private law increasingly crucial in the context of marriages and divorces across different countries amid rising human mobility and globalization

Impact of pre-biologic impairment on meeting domain-specific biologic responder definitions in patients with severe asthma

BackgroundThere is little agreement on clinically useful criteria for identifying real-world responders to biologic treatments for asthma. ObjectiveTo investigate the impact of pre-biologic impairment on meeting domain-specific biologic responder definitions in adults with severe asthma. MethodsThis was a longitudinal, cohort study across 22 countries participating in the International Severe Asthma Registry (https://isaregistries.org/) between May 2017 and January 2023. Change in 4 asthma domains (exacerbation rate, asthma control, long-term oral corticosteroid [LTOCS] dose, and lung function) was assessed from biologic initiation to 1 year post-treatment (minimum 24 weeks). Pre- to post-biologic changes for responders and nonresponders were described along a categorical gradient for each domain derived from pre-biologic distributions (exacerbation rate: 0 to 6+/y; asthma control: well controlled to uncontrolled; LTOCS: 0 to >30 mg/d; percent-predicted forced expiratory volume in 1 second [ppFEV1]: <50% to ≥80%). ResultsPercentage of biologic responders (ie, those with a category improvement pre- to post-biologic) varied by domain and increased with greater pre-biologic impairment, increasing from 70.2% to 90.0% for exacerbation rate, 46.3% to 52.3% for asthma control, 31.1% to 58.5% for LTOCS daily dose, and 35.8% to 50.6% for ppFEV1. The proportion of patients having improvement post-biologic tended to be greater for anti–IL-5/5R compared with for anti-IgE for exacerbation, asthma control, and ppFEV1 domains, irrespective of pre-biologic impairment. ConclusionOur results provide realistic outcome-specific post-biologic expectations for both physicians and patients, will be foundational to inform future work on a multidimensional approach to define and assess biologic responders and response, and may enhance appropriate patient selection for biologic therapies. Trial RegistrationThe ISAR database has ethical approval from the Anonymous Data Ethics Protocols and Transparency (ADEPT) committee (ADEPT0218) and is registered with the European Union Electronic Register of Post-Authorization studies (ENCEPP/DSPP/23720). The study was designed, implemented, and reported in compliance with the European Network Centres for Pharmacoepidemiology and Pharmacovigilance (ENCEPP) Code of Conduct (EUPAS38288) and with all applicable local and international laws and regulation, and registered with ENCEPP (https://www.encepp.eu/encepp/viewResource.htm?id=38289). Governance was provided by ADEPT (registration number: ADEPT1220).

NFTs applied to the art sector: Legal issues and recent jurisprudence

Responding to the necessity of scarcity and uniqueness in the digital format, NFTs (Non-Fungible Tokens) have recently gained much attention in cultural industries, especially video games and the art market. Faced with the digital paradigm shift and the challenge of dematerialization, creators started to use NTFs in order to emulate the concept of rarity for displaying, promoting, and monetizing their works in digital environments. An NFT is a certificate of ownership implemented through encrypted metadata pointing to a unique copy of a digital file. Likewise, NFTs enable the tokenization of a large array of digital, or even physical, assets. For this reason, they are used to facilitate the digitalization of contents heavily dependent on copyright and scarcity. Non-Fungible Tokens represent an emerging reality of significant economic, social, and cultural importance, which also raises important legal issues especially concerning the very nature of the NFT, as property or license, and the usage of copyrighted contents or trademarks. Indeed, the most frequent legal issues with NFTs are related to the attribution and exploitation of the Intellectual Property (IP) rights of the underlying content or litigations about non-contractual matters (i.e., theft). Litigious cases affecting NFTs most often take on an international dimension due to the decentralized nature of the technology on which they are developed, distributed on servers hosted in a multitude of countries, as well as the business practices of trading platforms that connect users from all over the world. Consequently, the principles of Private International Law (PIL) are applied to solve legal conflicts. This study focuses on the resolution of litigations related to NFTs in the three countries leading the global art markets: the US, the UK, and China. The analysis focuses on the application of international private law in relation to recent jurisprudence concerning conflicts involving NFTs and artworks.

Environmental Impact Assessment in the context of armed conflicts

The Environmental Impact Assessment (EIA) is a legal, procedural tool that allows to identify, predict, evaluate and prevent or mitigate the impacts of a planned project on the environment. An inherent element of this process is public participation that shall be assured at all times.&#x0D; EIA is regulated by domestic environmental laws of a given county, but an imminent influence on these regulations is exerted by EU EIA Directive (Directive 2011/92/EU text codified) and international conventions, especially the ESPOO Convention.&#x0D; EU legislation and international EIA-focused treaties do not determine if armed conflicts affect the EIA procedures and, if the answer is positive, in which way, especially whether the EIA procedure remains required under these exceptional circumstances or it may be postponed until cease of conflict or even omitted.&#x0D; For this reason, it was of high importance to determine whether EIA-related obligations set by EU and international laws are suspended or remain valid and in force during armed conflicts.&#x0D; The research revealed that the above-mentioned acts do not have provisions that explicitly regulate the effect of armed conflicts on the obligations relating to the EIA procedures. Furthermore, current jurisprudence and doctrine do not provide clear answer on the scope of application of international environmental law during armed conflict. It is often explained by the fact that environmental law is not yet fully formed in that respect and it is still not commonly agreed how it relates to international humanitarian law.&#x0D; Based on findings of the research, some conclusions are proposed that aim at providing advise on the application of EIA during armed conflicts and suggestions to supplement discussed bodies of law.&#x0D; This article will discuss the main results of the study conducted on this important and very up-to-date subject.

International Law Protection in Cyberspace Against Ransomware and Experience of Vietnam

Abstract Amongst various cyberattacks, ransomware adversely affects the business operation as the malware locks the computer or data, and menaces to keep it locked unless a ransom is transferred. In a young tech market like Vietnam, cyberattacks, including ransomware, cause serious concerns for State and non-State actors. They can take place anywhere since cyberspace has no physical border to hold them back. This raises a query about the application of international law in cyberspace, especially when the ransomware hits non-State actors. In such cases, the sovereignty principle, having a significant relation with the jurisdiction, underpins the intervention of national authorities and regulation of ransomware. Vietnam’s government has intensified their efforts to stop the cyberattacks by cooperating with other countries and establishing a legal framework based on the international law principle.

Relevance of International Law in Preventing International Conflict: A Case Study of Russia-Ukraine

Russian invasion of Ukraine in 2022 raises the question of the relevance of international law which is supposed to preserve international peace. In the context of the current Russia-Ukraine war, the legitimacy and applicability of international law are being questioned, as it has not been able to protect human rights, which are grossly violated in such a war. In this context, it becomes very pertinent to revisit the idea and practice of international law to find out where the fault lies, why it fails to provide the solution to international conflict, and what can be done to make the body of international law serve its purpose in the true sense. In light of these questions, this article attempts to examine the limitations of international law in relation to addressing the Russia-Ukraine conflict and to reflect on how international law can become an instrument of protecting human rights by preventing international conflict and ensuring international peace.