Branch Of Public International Law Research Articles

Putin’s power play: Russia’s attacks on Ukraine’s electric power infrastructure violate international law

International humanitarian law is a branch of public international law that seeks to moderate the conduct of wars to protect those who are not taking part in the hostilities. Under international humanitarian law, belligerents may not intentionally target civilians or installations that are indispensable to the survival of the civilian population. While collateral harm to civilians and civilian infrastructure may occur, international humanitarian law prohibits attacks that may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof which would be excessive in relation to the concrete and direct military advantage anticipated. In practice, these principles have not always been honored or enforced. State and non-state actors have deliberately targeted civilians and/or disregarded civilian impacts, often for the purpose of pressuring political leaders to capitulate. The increasing occurrence and severity of harm to civilians and civilian infrastructure in modern conflicts calls into question the continuing relevance of what were once viewed as fundamental protections. In this paper, we present a case study involving Russia’s 2022–23 attacks on Ukraine’s electric power infrastructure, which left millions of civilians without heat, water, or other basic services for extended periods in harsh winter conditions. Considering the scope, scale, and long-term impacts of these attacks, we conclude that Russia violated international law. We also suggest that a new international protocol may be necessary in order to more effectively deter and punish attacks on civilian infrastructure in future armed conflicts and military occupations.

THE “LIABILITY CONVENTION” IN A CLASH WITH PRACTICE – EXAMPLE OF THE “KOSMOS 954” SATELLITE

The article examines the settlement of international claims and disputes arising from faulty nuclear-powered satellites which fall on another state’s territory. The author analyzes diplomatic relations between the USSR and Canada and the content and legal settlement of the international dispute resulting from the Soviet Cosmos-954 satellite disintegrating on Canadian territory. The author concludes that the 1971 Convention on International Liability for Damage Caused by Space Objects was adopted within the appropriate time- frame, and that it forms a reliable foundation for the settlement of conflicts between the States in this area. However, the 1981 bilateral agreement “Settlement of the Claim between Canada and the Union of Soviet Socialist Republics for Damage Caused by “Cosmos 954”” showed that it has never been utilized. This contravenes the international treaty regulating international liability for damage caused by space objects. Therefore, the biggest question of all materializes here: did the international community need space law? Even though it is the newest branch of public international law, it is almost 60 years old. This period of time (more than half a century) has only seen it in academic discussions on how states should abide by it. The lack of relevant case law is a good and bad thing at the same time. Bad – because we still do not know how international courts and tribunals will apply norms of space law. Good – because up until now we have not experienced an international conflict that states have not been able to solve by diplomatic measures.

Implementation of Human Rights in International Investment Legal Relations: Selected Issues of Dispute Resolution Practice

The paper covers certain provisions of a comprehensive study of the implementation of human rights in international investment legal relations. The author attempted to reveal the relevance of the ongoing research and assess the significance of the interaction between international investment law and international human rights law in modern realities. The paper reveals the main options for the interaction of international investment law and international human rights law, both in material and procedural aspects. The author focuses on the practice of resolving international investment disputes in relation to the actions of the host state with reference to the protection of human rights as one of the options for manifesting the relationship between the two branches of public international law. The author reveals the existing patterns in the practice of resolving investment disputes. As a key conclusion, the author puts forward the idea that it is possible to generalize the results of a harmonious interpretation (construction) and the formation of an appropriate unified legal framework for the norms of international public law with a view to its subsequent harmonious application.

Актуальные вопросы реализации прав человека в международных инвестиционных правоотношениях

The article focuses on the study of issues of human rights implementation in international investment legal relations, both in the substantive and procedural aspects. The author attempts to reveal the relevance of the research topic and assess the significance of the interaction of international investment law and international human rights law in modern realities. The article reveals the options for the interpenetration of the two branches of public international law, as well as the problems arising as a result of such interaction. Emphasis is placed on the search for a new balance between international investment law and international human rights law, and on the possible identification of ways to promote the protection of human rights while encouraging and protect-ing foreign investment. An attempt is made to identify and comprehensively analyze the possibility of preven-tive integration of human rights in international investment legal relations, as well as its advantages and disad-vantages. Furthermore, the study of substantive and procedural aspects of interaction between international investment law and international human rights law identifies the importance and prospects of the impact of soft law on the realization of human rights in international investment relations. Special attention is paid to the prac-tice of resolving international investment disputes with reference to the protection of human rights as one of the options for the manifestation of the interpenetration of branches of international public law. The author identi-fies the existing patterns in the practice of resolution of international investment disputes. As one of the key conclusions the idea of the possibility of generalization of the results of harmonious interpretation (explanation) and the formation of an appropriate unified legal framework of international public law for its subsequent har-monious application is put forward.

Structural and Functional Interaction between International Law and lex sportiva and Technical Methods of Transforming their Norms

INTRODUCTION. The purpose of the article was to examine how two different regulatory entities - international sports law and lex sportiva - interact with each other in structural and functional terms. When characterizing the structural interaction, the author set herself the task of identifying the place of each of these normative complexes in the system of a larger whole. When analyzing functional interaction, the author viewed her task as considering the process in two aspects: static (delineation of the limits of regulatory influence) and dynamic (interference of regulatory efforts). As a result of studying the dynamic aspect of functional interaction, the techniques of incorporation, legitimation, and reference were characterized; the author gave the examples of the incorporation of the norms of the International standards adopted in addition to the World Anti-Doping Code into an international legal act - the 2005 UNESCO Convention against Doping in Sport, legitimation of the norms of the 2014 Council of Europe Convention against Manipulation of Sports Competitions through the adoption of the 2015 Code of the Olympic Movement on the Prevention of Manipulation of Competitions, and two types of reference: references to the World Anti-Doping Code in an international treaty - the 2005 UNESCO Convention against Doping in Sport of 2005 and references to international legal acts in the field of human rights in the FIFA Statutes (starting from 2016) and inthe FIFA Human Rights Policy of 2017. MATERIALS AND METHODS. The author listed the applicable international legal acts and acts of lex sportiva, studied the scientific works of leading representatives of domestic and foreign doctrine on such issues as the criteria for recognizing a specific branch of international law, the subject of regulation and the nature of transnational law, the interplay between international law and lex sportiva. Among the general scientific methods the author utilized substrate (substantive), structural and systemic approaches; comparative and hermeneutic approaches should be mentioned as the specific scientific methods used. RESEARCH RESULTS. As a result of the analysis of the structural interaction of the two regulatory orders, the author identified the place of international sports law in the system of international law and the place of lex sportiva in global law. When considering the static aspect of functional interaction based on the analysis of the content of the principle of autonomy of sport, a number of exclusive subjects of regulation by lex sportiva were identified. In the course of studying the dynamic aspect, the author characterized three types of transformation - the transfiguration of norms and their transition from one normative order to another - from the point of view of legal technique (incorporation, legitimation, reference). DISCUSSION AND CONCLUSIONS. In the author’s opinion, international sports law is a branch of public international law at the stage of its formation, and lex sportiva is an institution of transnational global law formed as a result of the activities of non-governmental actors. The study of the static aspect of the functional interaction between international sports law and lex sportiva indicates that the issues regulated by sports organizations in an autonomous manner include the establishment of rules for sports competitions, as well as issues of the internal life of sports organizations. The dynamics of transnational processes significantly expands the interaction between international sports law and lex sportiva and the transition (transformation) of norms from one regulatory complex to another in such areas as the fight against doping, countering the manipulation of sports competitions, introducing international legal standards in the field of human rights protection.

Human Rights and Investment Arbitration – Fields of Interaction

The main scientific purpose of this article is to identify and analyse legal issues that arise between human rights and investment arbitration. At first glance, these two branches of public international law remain completely unrelated and do not have any significant features in common. However, it appears that despite this distinction, there is an interaction between investment arbitration and human rights, which implies a number of significant legal problems. These problems can possibly include the violation of human rights of citizens of the state hosting an investment by a foreign investor. On the other hand, a state can be unable to fulfil its legal obligations regarding human rights due to the necessity to protect foreign investment as agreed in investment treaties or, to the contrary, it may violate its contractual obligations towards an investor and afterwards defend itself throughout arbitration proceedings by stating that this violation has been necessary in order to protect human rights. It turns out that all parties to the dispute, both investors and host States – occasionally turn to human rights in order to reinforce their respective positions. The interaction between human rights and investment arbitration is of a very complex nature and although it is more and more often emphasized that it may occur, the situations in which this occurrence is likely to happen are not entirely clear yet. The author, after presenting some general remarks on the interaction between human rights and investment arbitration, discusses the most common scenarios in which human rights issues may appear in the course of investment arbitration proceedings. Finally, she concludes that there do exist some fields of interaction between human rights and investment arbitration as well as situations in which the conflict between them may appear. Identifying these conflicts would help to understand the complex relationship between the two legal regimes in question. It will also lay the foundation for further research on how to ensure the ultimate scope of human rights protection throughout the different stages of investment arbitration proceedings.

International agreements in the system of sources of legal regulation consular activities

Consular offices and their employees in the performance of consular functions are guided by the legislation of Ukraine, the legislation of the host country, international treaties of Ukraine and international customs, which are a system of sources of legal regulation of consular activities. International multilateral and bilateral treaties play an important role in the regulation of consular activities, as they form the basis of consular law as a branch of public international law.
 Modern consular law is a convention law. Its important sources include the Caracas Convention on Consular Functions of 1911, the Havana Convention on Consular Officials of 1928, the European Convention on Consular Functions of 1967, and the Vienna Convention on Consular Relations of April 24, 1963, which entered into force on March 18, 1967. and has a universal character, as well as bilateral consular conventions (and other types of agreements in this area).
 Based on the analysis of the practice of concluding international agreements in the field of consular activities in Ukraine, the article identifies the types of such agreements and the standard structure and content of the consular convention.
 It is concluded that international treaties are an important international legal instrument in the field of initiating and implementing consular relations between states, play a systemic role in the system of sources of legal regulation of consular activities. Based on international customs, they, in turn, determine the content of national legislation of Ukraine and host countries in the field of consular relations.
 The concluded international bilateral agreements of Ukraine need to be streamlined and systematized. A systematic and unified approach also requires further conclusion of such agreements with countries with which consular relations have not yet been established (not regulated).

МІЖНАРОДНЕ МУНІЦИПАЛЬНЕ ПРАВО ЯК ГАЛУЗЬ МІЖНАРОДНОГО ПУБЛІЧНОГО ПРАВА: ДО ПИТАННЯ ПРО ФОРМУВАННЯ ГАЛУЗІ

The article is devoted to the scientific and theoretical substantiation of the position on the formation of international municipal law as a field of modern international public law. In domestic jurisprudence, the topic is being studied for the first time. The authors connect the emergence of international municipal law with the processes of constitutionalization of international public law and the internationalization of the constitutional legal order of states. These processes were accompanied by the growth of international recognition of the institution of local self-government. First of all, through its international legal regulation and contextualization of topical aspects of the activities of local governments, taking into account their international activities. In particular, through the development and adoption of a number of international multilateral treaties and the preparation at the United Nations level of the draft World Charter of Local Self-Government. In the context of the internationalization of the constitutional legal order of countries in the field of urban law, significant processes of borrowing international legal standards of local selfgovernment by state constitutional law are indicated. Based on the analysis of international practice, a conclusion is made about the compliance of Ukrainian legislation with international standards. At the same time, recommendations are given for its improvement, in particular, for financing local governments, budgetary decentralization, limiting the competence of local state administrations, etc. The formation and development of the architecture of modern public international law, its institutional and structural system is usually associated with its sectoral construction, which is based on the definition of the subject of legal regulation and method of legal regulation. The emergence of a new subject of legal regulation in public international law, as an independent and autonomous legal system, is based on the actualization, emergence, activation, contextualization of cooperation in a new field of interstate cooperation, which in practice is determined by the emergence of a new object of international law. In this case, the methods of international legal regulation in public international law remain constant – either imperative or dispositive. However, today in the formation of new branches of public international law plays an important role trend that emerged during the formation of a new form of globalization – legal, which has such a nomenclature – the constitutionalization of public international law and the internationalization of constitutional order. In general, the national legislation of Ukraine meets world standards, but some legislative norms should be improved. First of all, this concerns the financing of the local state administrations, limiting the competence of local state administrations to the level of control functions and mediation between the local governments, the executive branch and the President. In addition, it makes sense to provide a mechanism for the implementation of the international legal standards for the subjects of Ukrainian local self-government.

INTERNATIONAL LEGAL MECHANISM FOR ENSURING HUMAN RIGHTS

Background. The problem of protecting human rights has existed throughoutthe existence of mankind. Modern globalization affects the effectiveness of international institutions in the field of human rights. After all, the rapid processes of development and adoption of international documents in the field of human rights require not only worldwide recognition, but also unquestioning implementation. In this regard, the study of the mechanism for exercising the powers of the UN Human Rights Council in the temporarily occupied territories of Crimea and Donbas is especially relevant. The aim of the article is to establish a mechanism for exercising the powers of the UN Human Rights Council to respect and ensure human rights in Ukraine, in particular in the temporarily occupied territories of Crimea and Donbas. Materials and methods. Both general and special legal methods of cognition were used during the research. The normative basis of the study were international treaties, international law and the work of domestic and foreign scientists. Results. International protection of human rights is one of the most important branches of public international law. The creation of the United Nations has opened a new page in the field of human rights institutions. In order to promote and ensure human rights in Ukraine, in particular in the temporarily occupied territories of the Autonomous Republic of Crimea and Donbas, the UN Human Rights Council implements a number of mechanisms: closely cooperateswith the UN High Commissioner for Human Rights. periodic inspections. The UN Human Rights Council serves as a forum for discussing thematic issues on all human rights. Thus, within the high-level segment of the UN Human Rights Council, on February 23, 2021, for the third year in a row, the UN General Assembly debated on the agenda item «Situation in the Temporarily Occupied Territories of Ukraine» initiated by our state. Within the framework of this event, support for the sovereignty and territorial integrity of Ukraine was expressed. Conclusion. Ukraine’s cooperation with the UN Human Rights Council is increasing pressure from the international community to respect the rights of indigenous peoples, national minorities, social human rights, democracy and the rule of law. During the Russian aggression on the territory of Ukraine, the UN Human Rights Council adopted a resolution «Cooperation with Ukraine and its assistance in the field of human rights», an agreement was concluded between the Government of Ukraine and the Office of the UN High Commissioner for Human Rights. Ukraine. Thus, despite the recommendatory nature of the powers of the UN Human Rights Council, this international institution significantly affects the level of human rights in the temporarily occupied territories of Ukraine, and contributes to the further development of human rights in Ukraine. Keywords: human rights, UN Commission on Human Rights, UN HumanRights Council, Office of the UN High Commissioner for Human Rights, UN Human Rights Monitoring Mission.

A Short Excursus into the Issue of Consular Law with an Emphasis on the National Legislation of the Czech Republic

Consular law is a set of norms governing the establishment of consular relations and opening consular offices of another state. This is a branch of law that is not unambiguously classified, falling both under international law and national law. It is a highly consolidated, incorporated, and also a recently codified branch of public international law in which the international element undoubtedly dominates. Under the surface, however, one can find more or less highly developed national legislation (German consular law, Italian consular law) which is not a mere concession to international legal norms (especially the Vienna Convention on Consular Relations) but are often separate sets of norms, collected into other directly related, linked to or even closely related national legislation. Given the functions performed by the consular post and the organisational integration of consular authorities into the system of state bodies, it is subsequently possible to classify national consular law into the branch of administrative law.

International humanitarian law in cyberspace: Ratione materiae, ratione temporis and problem of cyber-attack qualification

The purpose of the article is to analyse problems arising from applying the rules of International Humanitarian Law in cyberspace, particularly the problems of ratione materiae and ratione temporis of this branch of Public International Law in cyberspace. The rapid development of cyber technologies that can be used within an armed conflict affirm the applicability of this research. The existence of “The Tallinn Manual 2.0” on International Law Applicable to Cyber Operations also confirms the impact of this topic on the modern world. The fact that parties in armed conflicts use new technologies in cyberspace does not affect the applicability of IHL rules to such military actions. In the context of this issue, a key question which instigates scientific discussion is that of which cyber operations are subject to the regulation of the law of cyber armed conflicts. The urgent need to study this problem stems from the fact that cyberspace is not an ordinary theatre of war, with the means and methods of warfare used in it being in no way related to the traditional use of armed force; given this quality of cyber operations, it is essential to understand which areas may be subject to IHL. The article analyses two main doctrinal points of view in relation to this problem; as this doctrine (in the context of this issue) also addresses the legal qualification of cyber-attacks, the article also raises this topical issue. Based on the results of this analysis, the author concludes that, despite all the evidence of theoretical conclusions regarding the problems under analysis, they still do not seem comprehensive due to the lack of relevant state practice, which needs to be developed.

The problem of applying reservations to international human rights agreements

A problem statement. Human rights law, as a branch of public international law, to date, is mainly codified and consists mainly of treaty rules contained in universal and regional conventions. At the same time, in most cases, the parties to these agreements make reservations of both a substantive and procedural nature that apply to all generations of human rights. The question arises as to the legitimacy of the reservations declared by states to international acts on human rights and freedoms. Аnalysis of research and publications. Many international lawyers deal with the issue of reservations to human rights treaties and their validity. Thus, the works of E.S. Alisievich, are devoted to this issue, I.I. Lukashuk, V.G. Butkevich, V.L. Tolstoy, M.V. Buromensky and others. However, there are a number of problems with the legal regime of reservations to human rights treaties. The main thesis that reveals their essence is that there is no mechanism for effective control over the legitimacy of such reservations. The main text. The article considers the concept of reservations to international treaties, examines the problem of issuing reservations to international human rights treaties. The application of the institution of reservations is studied on the example of certain international treaties in the field of human rights, such as: the European Convention on Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the African Charter on Human and Peoples’ Rights. The case law of the European Court of Human Rights on the application of reservations to the European Convention on Human Rights is studied. Conclusions. Today, the sovereign right of every state to stipulate international treaties is firmly established in international law, but there is no clear legal regulation of this institution that would prevent abuses by states in this area. We see the need to further study the institution of reservations to human rights treaties, its development and the development of general principles, procedures, and control over their legitimacy.

Derecho internacional penal o derecho penal internacional: una discusión ociosa, a la luz de los principios establecidos en el Estatuto de Roma

En el siglo XXI se habla con mayor propiedad, claridad y fundamento de la existencia plena del derecho internacional penal (DIP) como resultado de un doble proceso: la internacionalización del derecho penal y la penalización o criminalización del derecho internacional. Hoy se le concibe como una rama especializada del derecho internacional público, que paulatinamente ha ido evolucionando hasta llegar a su institucionalización, haciendo posible su formulación precisa y sistematización toda vez que cuenta con precedente, práctica amplia y doctrina (requisitos básicos para su codificación). En el presente artículo comparto algunas reflexiones analítico-críticas en torno a su contenido específico y diferenciación con el derecho penal internacional (DPI), planteando la existencia de una discusión ociosa que se ha presentado en los medios académicos, doctrinales y profesionales, en el sentido de que ambas disciplinas son distintas en su denominación, pero idénticas en su forma y en su fondo. En tal virtud, se busca demostrar que el esclarecimiento de este falso debate se logra a la luz del estudio de los principios establecidos en el Estatuto de Roma de 1998, que da origen a la Corte Penal Internacional (CPI).

An outline of private international law in the branches of public international law

The author reviews the key aspects of using the norms of private international law in intergovernmental relations, development of the universal legal norms and methods in the conditions of globalization. It is noted that public and private international law differ in multiple parameters, particularly the method of regulation. Private law relationships are regulated by the national legislations, while public law relationships are regulated by international treaties, which can be expressed in form of agreements, customs, or tacit consent. consent form. The author underlines the importance of distinguishing between the sphere of private and public law, as well as proper application of the corresponding regulatory mechanisms. To research employs formal-logical, systematic, comparative, and other methods. The relevance of modernizing legal regulation of foreign economic activity is emphasized. The author notes that the norms that establish the procedure for regulating the behavior of private and legal entities have been included into the international law. The manifestation of this phenomenon can be seem in the international investment law (investment process), law of the sea (in the area of resource extraction). The future position of privately held companies in the development of lunar resources is being actively discussed. This phenomenon can be substantiated by the need to establish a unified rule of law for the activity of non-state actors in the corresponding branches of international law.

Issues of the theory of international humanitarian law in the context of integration and globalization

The article discusses topical issues of the formation and further development of the theory of international humanitarian law. Explored the basic concepts of this area of humanitarian public law. For the first time, international humanitarian law is defined as a set of conventional and customary international legal norms that govern the law of armed conflict and human rights law. The processes of globalization of modern international relations, characterized by increasing influence of leading international organizations and crises in individual states, objectively affect the renewal and further development of the theory of international humanitarian law as one of the rapidly developing branches of public international law. New conceptual approaches to the modern definition of international humanitarian law, its philosophy and legal nature require a rethinking of scientific views as classics of international law, including the founder of the theory of natural law and modern science of international law Hugo Grotius, researcher of state interests in «just war» Thomas Hobbes and the founder of the «social contract», the sentimentalist Jean-Jacques Rousseau, and the views of such prominent scholars as Immanuel Kant, Fedor Martens and Jean Pictet. Given the normative definition, «the law of armed conflict» and «the law of human rights» are two independent legal systems within the framework of international humanitarian law, which operate mainly in different periods: during armed conflicts or in peacetime, respectively. These legal systems, although closely interlinked within the framework of international humanitarian law, are still independent and relatively independent of each other, as they have features in the sources and mechanisms of implementation and control over compliance with their norms and principles. Key words: theory of international humanitarian law, international relations, state, international organization, international court.

Short Analysis of Klaus Barbie and Jean-Pierre Bemba Gombo in Pointing out of the Responsability of Natural Persons for International Crimes

In international law doctrine carried on extensive talking and still it is a actual subject, if the individual is liable of responsability and, implied, of sanction for international crimes. Before to reveal some aspects of natural persons responsability for international crimes a couple of clarifications is required. Thus, we recall that the first author which use the term international criminal law was Jeremy Bentham, who distinguished between the criminal law of the community of states and the criminal law of a state. Over time, legal doctrine has extrapolated the concept of legal relationships with an international element, making the distinction between public international law and private international law. If criminal law is a branch of public law, then international criminal law becomes a sub-branch of international law, regulating criminal legal relationships with an international element. In other words, referring to private international law, we specify that it represents the totality of legal norms that resolve conflicts of laws or conflicts of jurisdiction and those regarding the legal status of the foreign national. In this context, the international element appears as a factual circumstance related to a legal relationship due to which this relationship is related to several legal systems (or laws belonging to different countries). With regard to international criminal law, we specify that this is a branch of public international law and designates the set of legal norms stipulated in various conventions and treaties by which states, in their capacity as subjects of law, order the repression of illicit acts that infringe fundamental rights of the international community. In other words, international criminal law consists of rules of general international law that govern the criminal liability of natural persons, individuals, for acts that harm international public order and constitute crimes against humanity.

Transnational Criminal Law and International Criminal Law: Interrelationship or Separation

This article attempts to identify the relation of the transnational criminal law to the international criminal law that is one of the branches of public international law that has been formed after the Second World War, if not before. The main purpose of this article is to examine whether transnational criminal law is one of the branches of international criminal law, or is it independent and therefore can be described as an independent and new branch of the public international law. The researcher in this article tends to the second trend because of the differences between the transnational criminal law and international criminal law, based on the legal concept, subject of law, sources of law, criminal liability and jurisdiction.

The Dilemma Of International Humanitarian Law: What And How It Protects

Basically the International Humanitarian Law regime is to prevent armed conflicts and war crime, considering the catastrophic effects of wars generally. This laudable objective clearly underscored the kind of optimism most states expressed on this noble cause. In the contrary, a study of International Humanitarian Law regime over the years has left scholars more critical. This has led to divergent views about who it protects and how. While some studies questioned its evolution to be Eurocentric, some others faulted it to be unviable, non-coercive and unenforceable. This paper constitutes a scholarship on these studies and it contends that, the international humanitarian law is a branch of public international law that deals with humanitarian interventions in wartime and war crimes. The legal framework of the international humanitarian law is rooted in the Geneva Conventions of 1949. The missing link is that, the critics of the international humanitarian law based their argument on the operations of the judicial organ of the international humanitarian law, the International Criminal Court. The critics had seen the Court as a coercive tool in the hands of the western countries to witch-hunt African leaders. However, the operations of the Court should not be used as a premise to diminish the legality of the law to protect its legal personality as provided for in the Conventions. And it does not in any way invalidate the international humanitarian law of being law. This is the angle that this paper stands differently from the previous studies.

Non-Disputing Party Participation in ICSID Disputes: Faux Amici?

This article employs a mixed methodological approach to evaluate non-disputing party (NDP) participation by means of amici curiae submissions in investment disputes settled by the International Centre for the Settlement of Investment Disputes (ICSID). The work presents and analyzes statistics on NDP participation in ICSID cases in order to investigate whether amicus submissions are a suitable vehicle for the incorporation of the views of NDPs, and whether they contribute to the development of international investment law and policy. The article argues that amicus briefs are a welcome addition to the ICSID arbitral process in theory, having contributed to the enhancement of the rule of law in investment arbitration through increased transparency. However, the level of NDP participation that amicus briefs provide within ICSID is minimal, and the extent to which they may affect the final outcome of the case is very much at the discretion of the individual tribunal. In light of this, and recognizing previous research that has noted the potential benefits of amici curiae submissions in dispute settlement processes (investment and otherwise), this article will go on to suggest reforms to enhance the participation of NDPs in ICSID arbitration. This will, in turn: contribute to the development of international investment law and policy; increase its integration with other branches of public international law (namely human rights); and enhance transparency and respect for the rule of law.

La gradación de instrumentos internacionales, el pacta sunt servanda y pro homine como herramientas para la inclusión de normas de soft law en el bloque de constitucionalidad ecuatoriano

Las ramas de Derecho Internacional Público y Derecho Constitucional se encuentran en constante desarrollo y evolución, por lo que el significado de sus respectivas normas varía según la importancia que los Estados les den. Siendo así, la presente investigación se enfocará en explicar cómo se manifiesta aquella actitud estatal, así como qué implicaciones tiene para la adopción de instrumentos internacionales que tradicionalmente no han sido considerados como fuentes de obligaciones vinculantes para los Estados; a saber, las normas internacionales de soft law. Con el fin de poder profundizar sobre este tema, se comenzará por dar una explicación general de la noción de bloque de constitucionalidad en Ecuador, y del significado mismo de los instrumentos de soft law. Se continuará con el análisis de las distintas aplicaciones prácticas e influencia de las normas de soft law para el Derecho Constitucional ecuatoriano, en conexión a los principios pro homine y pacta sunt servanda. Finalmente, y a partir de todo lo mencionado, se expondrá la relevancia y exigibilidad de estas normas internacionales para el Estado ecuatoriano.