Branches Of International Law Research Articles

On the Problem of Determining International Legal Responsibility in Public International Law

One of the ways to ensure order in international relations from ancient times to the present day is to use the institution of responsibility. Most lawyers who devote their work to international law in general and to its individual branches. To one degree or another, these works deal with the issue of international responsibility.
 To date, the issue of liability under international law has been one of the least developed, although the problem of international legal liability is becoming increasingly important in the practice of international relations as one of the security institutions that help maintain a certain legal order in the world.
 The issues of international responsibility are equally important both in the field of public law and private law relations. Moreover, liability in these two branches of international law has much in common and is closely interrelated, which is clearly evident in the process of analyzing liability issues in various branches of international law.
 The definition of responsibility in international law is a key topic that determines the legal order and relations between states and other actors of the international community. One of the key aspects is the consideration of the principles of determining responsibility in international law.
 The definition of responsibility in international law is a key topic that determines the legal order and relations between states and other actors of the international community. One of the key aspects is the consideration of the principles of determining responsibility in international law.
 The article examines the essence and main aspects of the concept of international legal responsibility, which is one of the first principles of international law.
 First of all, the article examines the principles of responsibility, such as the principles of sovereignty, equality of states and non-interference, and how these principles shape legal standards and mutual relations between states and other subjects of international law.
 Special emphasis is placed on the current challenges facing the concept of international legal responsibility. In particular, the author analyzes new forms of responsibility, such as cybersecurity, human rights violations and other aspects arising from the development of globalization and technology.
 The article also emphasizes the need for continuous analysis and adaptation of the concept of international legal responsibility to changes in the modern world, emphasizing the importance of developing effective tools and mechanisms to address the challenges arising in a globalized and technologically advanced society.

Hukum Ekonomi Internasional: Tantangan dan Peluang bagi Indonesia dalam Era Globalisasi

International economic law is a branch of international law that regulates economic relations between countries. In the era of globalization, international economic law faces various challenges and opportunities that affect Indonesia as a developing country. The purpose of this article is to analyze the challenges and opportunities of international economic law for Indonesia, as well as to provide suggestions for developing a fairer and more inclusive international economic law. The method used is a literature study by reviewing various sources of information, such as journals, books, and reports. The results show that the challenges of international economic law for Indonesia include increased economic competition, the emergence of new trends in the global economy, and the existence of power imbalances between countries. The opportunities of international economic law for Indonesia include the great potential in the tourism sector, increased international cooperation, and the utilization of digital technology. The conclusion that can be drawn is that Indonesia needs to continue to adapt to the development of international economic law, as well as play an active role in contributing ideas and solutions to create a fairer and more inclusive international economic law.

Some Legal Aspects of Western Military Aid to Ukraine

The article deals with the some legal aspects of Western military aid to Ukraine. The first part briefly analyzes the Russian Federation's attack on Ukraine from a "just war" perspective. The following part is devoted to individual perspectives of different branches of international law on military aid to Ukraine - the law of neutrality, ius ad bellum, ius in bello, issues of co-belligerency and state responsibility for complicity in internationally illegal actions. The conclusion summarizes the findings and gives an answer to the question why Western aid to Ukraine mostly does not violate the norms of international law.

Chronology of Practice: Chinese Practice in Public International Law in 2021

Abstract This Survey covers materials reflecting Chinese practice in 2021 relating to: treaties, agreements and other documents signed or ratified by the People’s Republic of China; national legislation; statements made by Chinese representatives at the meetings of the UN and other international organizations, international conferences, and those made by the Foreign Ministry spokespersons, with respect to various branches of international law; and judicial decisions, in particular on the applicability and application of international conventions, by Chinese courts.

INTERNATIONAL LEGISLATIVE EXPERIENCE IN THE SPHERE OF REGULATION OF AIRSPACE AND OUTER SPACE LEGAL REGIME

The article considers the experience of regulating the established legal regime for the use of airspace and outer space from the point of view international law norms and legislation of the Republic of Kazakhstan and other countries. During the research of this issue, legal norms were analyzed, as well as the features of the legislations development in these fields. The boundary of space is given increasing importance because air law and space law have differences in their rules. These branches of international law are based on different principles and have different legal regimes. And these differences must be taken into account, in connection with new developments in space operations, including space tourism (flights), and the increasingly ambitious and far-reaching programs of some space powers. The relevance of the subject matter is determined by the risen interest of the majority of states in the world to the use of these areas for commercial purposes and more recently for military purposes. These processes have created new legal challenges to space law. This study reveals the need to adopt specific legal provisions in the field of exploration and use of outer space. As a result of the rapid pace of technological development, as well as taking into consideration the trends in developing commercial space activities, it became necessary to adopt international documents, specific legal provisions regarding the control of the activities of states in this sphere. The study also concludes, that the current airspace concept, needs to be updated in terms of its flexibility and adaptability to current changes.

The law of war as a source of contemporary branches of international law

Branches of international law arise mainly as a result of the following factors: 1) complications of international legal consciousness (international human rightslaw, international security law, international environmental law, international criminal law, etc.) and 2) technological progress (international air, space, nuclear law, relevant innovations in international maritime law, etc.). Under the influence of the same factors, new institutions are formed within existing branches (responsibility for international crimes, prohibitions of genocide, prohibitions of apartheid, responsibility for environmental pollution, instant custom, etc.). The article examines the mechanism of formation of the international humanitarian law, the law of armed conflicts, international security law, international human rights law, and international criminal law. It is claimed that they are based on a traditional section of pre-classical international law - the law of war. The first attempts to regulate the conduct of armed conflicts formed the basis for the creation of these branches. The first scientific systematization of international law was one proposed by Hugo Grotius. The scholar proposed to divide the system of this law into two interrelated components - the law of war and the law of peace. Grotian systematization formed the basis of further scientific systematics of international law in the 17th-19th centuries. The Hague Peace Conferences changed the traditional view of the division of international law into the law of war and peace. The Hague peace conventions influenced on formation of the international humanitarian law. The 20th century became a period of active formation of new branches of international law within the framework of the process of "codification and progressive development of international law" under the auspices of the United Nations. So the traditional law of war gave birth to several branches of modern international law.

Legal regulation of cooperation in the field of health protection within the framework of the Shanghai Cooperation Organization

The author examines the activities of the Shanghai Cooperation Organization in the field of coordination of the activities of the participating states in the field of public health protection. The author examines the current state of international legal regulation of cooperation in the field of health protection within the SCO through the prism of generally recognized international legal standards in this direction. The theoretical basis of the research is the works of M.V. Podvyaznikova, M.S.Malichenko, S. I. Pomazkova, N.Gafurova, Zh.Oryntaev. In order to determine the areas of cooperation in the field of health protection, international legal documents adopted at the SCO summits, in particular the SCO Charter, Declarations and Agreements on Mutual Cooperation, were analyzed. In addition, the general state of cooperation between the SCO states in the field of health protection in practice was analyzed. As a result, it is concluded that cooperation in the field of health protection within the SCO needs to strengthen the legal component, in particular, it is necessary to conclude international agreements on specific areas of public health protection and the organization of medical care. At a time when the consequences of the rapid spread of coronavirus infection, the largest humanitarian catastrophe of the coming century, have become an indicator of systemic problems of international law in the field of health protection as a branch of international law, and the established system of international legal regulation has proved unable to counteract COVID-19, rightly identifying the task of carrying out its consistent reform to ensure human security, strengthening the international legal framework for regulating the right to health within the SCO, in our opinion, can have a certain positive impact on the adoption of the necessary, more specific universal international treaties in this direction, especially in the fight against infectious diseases.

Proportionality Balancing under General International Law: the Case of Article 25(1)(b) of ARSIWA

Abstract Article 25(1)(b) of ARSIWA provides that a plea of necessity defence must not seriously impair an essential interest of the State or States towards which the obligation exists, or of the international community as a whole. This requires a balancing between the interest of the invoking State and that of the victim State or the international community. However, how to conduct such a balancing has not been adequately addressed in practice on in literature. This article adopts the approach of proportionality balancing under domestic public law and certain branches of international law and applies it to the context of Article 25(1)(b). Specifically, this article draws from the principle of balancing by Robert Alexy, who advocates balancing not the interests per se, but the change in respective interests caused by the intervening event. This article argues that such an approach avoids the value judgments that should be reserved for States and provides for a workable solution to operationalize Article 25(1)(b). Through a critical review of judicial and arbitral decisions, this article further explores how such an approach to proportionality balancing may be applied in the context of Article 25(1)(b) in practice, which can be broken down to three balancing pairs, depending on the party against which the necessity plea is invoked: State versus State, individual versus State, and State versus international community.

Neither Fish, Nor Fowl

Abstract International lawyers ascribe to the lex specialis principle three distinctly different meanings. Thus, lex specialis is referred to, first, as a norm designed to resolve conflicts between entire categories of norms; secondly, as a norm designed to resolve conflicts on a case-by-case basis; and, thirdly, as a rule of interpretation designed to avoid the occurrence of normative conflicts, rather than to resolve them. Scholars have attempted to explain this divergent use of legal language. In so doing, they have consistently had their focus on the different mind-sets or inclinations of lawyers active in different branches of international law. Symptomatic is Marko Milanović, who pictured the divergent use of lex specialis as a reflection of a debate waged between “human rights enthusiasts” and “human rights sceptics”. This article approaches the issue at a different level of abstraction. As it argues, the divergent use of lex specialis is the result of users’ different conceptions of an international legal system. Thus, lawyers conceive differently of the lex specialis principle, depending on whether they take the position of a legal positivist, a legal idealist or a legal realist. In no case are lawyers equipped to conceive of this principle in all of its three senses.

Formation and evolution of international environmental agreements compliance bodies

The article deals with the formation and evolution of international environmental agreements compliance bodies. Their effective functioning is an important component of the mechanisms and procedures for ensuring compliance with relevant agreements. The study demonstrates that in international environmental law, like in other branches of international law, there is a problem of ensuring compliance with regulations. However, in the field of environmental protection at the international level, a system of autonomous compliance ensuring bodies, which are not classic international intergovernmental organizations, but have certain decision-making and control powers, has been formed, which is not typical for other branches. A feature of international environmental law is the emphasis on its non-coercive enforcement, which affected the authority of bodies and methods and means of control and ensuring compliance with the obligations of the parties to the Environmental Protection Act. A traditional example of the use of non-confrontational means aimed at facilitating the implementation of a treaty, rather than forcing it, is the Montreal Protocol enforcement procedure. It was she who became the prototype for many other MDONS. These bodies make up the core of the institutional component of international environmental protection regimes.
 The study of the development of these bodies over the past 30 years has shown that their creation to ensure the relevant treaties is an expanding trend. At the same time, the international community is trying to find an ideal balance between facilitation and coercion in the powers and functions of these bodies, which would help to facilitate and ensure compliance with the environmental obligations of the contracting states. Most of the procedures for ensuring compliance with international environmental agreements are based precisely on the facilitation approach. However, in the absence of the means of coercion these agreements often demonstrate their inability to guarantee compliance. As a result, the design of new international compliance bodies should demonstrate a successful combination of the elements of facilitation and enforcement. As it seems, in this regard the work of the Committee on Implementation and Compliance with the Paris Agreement to the UN Framework Convention on Climate Change will be telling.

Concessions in International Law

Abstract The article examines the extent to which concessionary rights are protected under three different branches of international law; traditional customary law, the case law of the European Court of Human Rights, and arbitral practice under investment treaties. It reveals clear similarities with respect to when such rights are considered protected. However, it simultaneously argues that case law under investment treaties tends to adopt a less nuanced approach to the nature of such rights, almost invariably assuming them to constitute a kind of property. This again entails that the investor/concessionaire is seen to have a right to performance, and in effect to protection of his expectation interest. The article shows how this stands in contrast with a more nuanced perspective under the property provision of the echr, which better reflects the complexities of the issue under municipal law. While a failure to sufficiently respect an investor’s legitimate expectations may entail liability for the state, it is not necessarily comparable to expropriation of property and will usually entail only that the investor has a right to recover his reliance loss. The article argues that this may be reflective of a more general tendency in international investment law and arbitration also pointed to by others, where the modality of protection under investment treaties threatens to distort important nuances and concerns and overprotect foreign investment compared to other private rights and interests under municipal law.

The current status of the right to the environment at the global international law

This article focuses on the right to a healthy environment, which is a challenging aspect of international law because, until recently, it was not explicitly addressed at the global level. The United Nations' human rights instruments do not contain provisions related to the environment, but the approach of 'greening the existing' human rights can be observed in several forms, for instance, in general comments. International environmental law introduced a similar concept, the 'human rights approach', which connects environmental issues with human rights. We assume that these two concepts can serve as the foundation for declaring the right to a healthy environment but do not replace that. We argue that the global recognition of the right to a healthy environment could connect the two branches of international law and ease its fragmentation. This article aims to examine and evaluate the existing international legal background at the global and regional levels. While doing so, we will analyze the legally binding and soft law instruments and the relevant case law of international human rights law and international environmental law. The article emphasized the recent legal development, as the United Nations Human Rights Committee adopted 2021 resolution no. 48/13, which promotes the right to a clean, healthy and sustainable environment. Here, we also present suggestions for the further global elaboration of the right. On the one hand, the examination reveals that international law already has several instruments and concepts that can be considered a starting point for the declaration. On the other hand, we propose that innovation, new approaches should be expressed in the future, related to the right to a healthy environment.

Chronology of Practice: Chinese Practice in Public International Law in 2020

Abstract This Survey covers materials reflecting Chinese practice in 2020 relating to: treaties, agreements and other documents signed or ratified by the People’s Republic of China; national legislation; statements made by Chinese representatives at the meetings of the UN and other international organizations, international conferences, and those made by the Foreign Ministry spokespersons, with respect to various branches of international law; and judicial decisions, in particular on the applicability and application of international conventions, by Chinese courts.

Convergence of legal regulation of circulation of healthcare technologies in international law

The subject of the research is the legal regulation of public relations in the process of circulation of healthcare technologies. The purpose of the research is to analyze the features of convergence of legal regulation of the circulation of healthcare technologies in order to develop theoretical and practical proposals to counter modern challenges and threats in this area. The article is prepared using general scientific methods of cognition, including formal-logical and situational, and private-legal methods, such as comparative-legal, historical-legal and formal-legal. The novelty of the research lies in revelation of legal convergence in the system of international law as an important mechanism for the formation of access to safe, high-quality and effective technologies for healthcare and human security. The article summarizes the main threats in the sphere of circulation of healthcare technologies that require the introduction of uniform regulatory standards. The author analyzes the features of the harmonization and integration on the example of the activities of regional integration associations in order to form recommendations for the development of legal regulation of the circulation of healthcare technologies within the common market of the EAEU countries. The novelty of the article lies in the systematic consideration of legal convergence in the system of international law as an important mechanism for the formation of access to safe, high-quality and effective healthcare technologies and ensuring human safety. Justifying the lack of a systematic approach to the convergence of international legal regulation of the circulation of healthcare technologies, the author suggests considering the possibility of preparing a normative legal act of a universal nature in this area, by analogy with codifying conventions in other branches of international law. The author analyzes the features of the harmonization and integration on the example of the activities of regional integration associations in order to form recommendations for the development of legal regulation of the circulation of healthcare technologies within the framework of the common market of the EAEU countries

United Nations of the International Law Commission: qualifications and procedure for the election of members

The United Nations of the International Law Commission is one of the most prominent international institutions dealing with the progressive development of international law and its codification. At the same time, the analysis of the latest scientific publications, which disclose various aspects of the activities of the International Law Commission of, has led to the conclusion that representatives of the native science of international law do not pay adequate attention to the study of various aspects of its legal status. Taking this into account, the article reveals the procedure of election of the members of the International Law Commission of and describes the established requirements for their qualification. According to the results of the conducted research it has been established that membership of the International Law Commission is consisted of 34 persons having an acknowledged authority in the branch of international law and representing the most important forms of civilization and the main legal systems of the world. From the first session until today, the membership of the International Law Commission has changed three times, in particular: in 1956; in 1961; and in 1981. Each time the reason for the increase in the membership of the International Law Commission has been the significant increase in the number of States Members of the United Nations. All members of the International Law Commission attend meetings on their own account and not as representatives of member states of the United Nations. As a general rule, the members of the International Law Commission are elected on the basis of equitable geographical distribution in a secret ballot by the General Assembly of the United Nations for a term of five years, with the right of re-election. In the event of a vacancy in its membership at the time of the next election, the International Law Commission shall fill the vacancy independently. The grounds for such an election may be the incumbent member's own wish to cease serving on the International Law Commission, death, serious illness, appointment to a new post, and so forth. Members elected to fill casual vacancies shall serve for the remainder of the term of the current membership of the International Law Commission and shall be eligible for re-election at the next election.

The impacts of human rights law on the regulation of armed conflict: A coherency-based approach to dealing with both the “interpretation” and “application” processes

AbstractNowadays, human rights law significantly impacts the regulation of armed conflict through two main processes: the “interpretation process”, whereby international humanitarian law is interpreted in light of human rights law's norms or concepts, and the “application process”, whereby human rights law applies in armed conflict alongside international humanitarian law. These processes raise complex problems with respect to the interplay between the two branches of international law. The aim of this paper is to propose an elaborated theoretical framework, based on legal theories of normative coherence, in order to address that interplay and to overcome the shortcomings of the formal mechanisms usually referred to in practice and legal scholarship. It is demonstrated that such a coherency-based approach recommends adapting the outcomes of the interpretation and application processes, either by modulating or displacing the inappropriate norm or regime, in light of substantial considerations.

The Concept of Sustainable Development and International Environmental Law

The article is devoted to the influence of the concept of sustainable development on international environmental law. This concept, in many ways, sets guidelines for the adoption of its norms and thereby defines the contours of legal environmental regimes. Based on the analysis of international UN documents, starting with the Stockholm Declaration of 1972, then the RIO 92 Declaration, the Johannesburg Declaration of 2002, the Millennium Declaration and the Sustainable Development Goals, the evolution of the concept of sustainable development, the shift in emphasis in its content and the desire for integration between the three dimensions of sustainable development — economic, social and environmental interests — for all states is presented. The article identifies several aspects that determine the importance of the concept of sustainable development for international environmental law: 1) the content of sustainable development in the context of State obligations; 2) the mutual influence of advisory acts and norms of international environmental law on the specification and implementation of the concept of sustainable development; 3) the interaction of various branches of international law in the context of sustainable development.

The Rise of International Health Law

INTRODUCTION. Over the past decades under the influence of demographic processes, economic shocks, morbidity increase and other systemic problems a whole spectrum of threats to health has gradually formed at the international level, characterized by severe socio-economic consequences for each country regardless of the welfare level. Today, the challenges of ensuring universal coverage of services, access to safe, quality medicines, control of health care costs, effective response to health emergencies, antibiotic resistance are not limited by the WHO regulations, but are included in the agenda of the UN, ILO, FAO and other intergovernmental organizations. The need to form a unified approach to regulate activities of numerous participants in international healthcare regulation has served as an incentive for the gradual development of international legal regulation of the field of health protection, becoming the subject of study by leading legal scholars, as well as international organizations. The presented article provides a comprehensive analysis of the main historical stages in the development of international cooperation in the field of health protection, which served as the basis for the formation of international health law in the field of health protection as a new branch of international law. Special attention in the article is paid to the assessment of the role of globalization processes in changing the nature of threats to human and public health and their impact on the formation of global health governance concept. Based on the systemic problems that emerged during the COVID-19 pandemic, the author formulated the main directions for improving the international legal regulation of the health sector.MATERIALS AND METHODS. During article preparation the following document were studied: acts of a universal and regional nature, resolutions of international organizations, legal positions of UN specialized agencies, as well as professional scientific associations. The theoretical basis of the research are the scientific works of national and foreign scientists in the field of international law and international relations in the field of health protection. The article was prepared using the general scientific method of cognition, including the formal logical and situational method and private law methods, such as comparative, historical and formal legal methods.RESEARCH RESULTS. Within the framework of the study, a conclusion was formulated about the formation of "international health law" as a new branch of international law, uniting international legal norms and principles governing the relations of subjects of international law, as well as other participants in international relations in the field of human health. In the work, the author presents the main sources of "international health law" and formulates the subject of regulation of this branch of law.DISCUSSION AND CONCLUSIONS. Describing the features of international cooperation in the field of health protection, expressed in an increase in the number of involved international organizations and other participants which are not subjects of international law, the author substantiates the formation of the concept of global health management and analyzes the main scientific publications in this area. Having studied the nature of health threats that have formed over the past decade under the influence of globalization processes, as well as the systematic problems of international cooperation demonstrated by the coronavirus pandemic, the authors emphasize the need to implement the repeatedly proposed initiative to develop a universal act that forms the basis of international legal regulation of health protection.

Space Law Researcher Mikhail Smirnov

Based on the new archival documents and literature in English, the paper presents the biography of Mikhail Sergeevich Smirnov, representative of the Russian diaspora in Yugoslavia and researcher of a new branch of international law, which began to develop in 1957 with the launch of the fi rst artifi cial Earth satellite. He was a secondgeneration Russian refugee, who was forced to leave his homeland as a little boy. He settled in the Kingdom of Serbs, Croats, and Slovenes / Kingdom of Yugoslavia alongside his family. He graduated from Law School in the state capital, Belgrade, then from Paris Law School, where he obtained his doctorate, and then from Paris Law School’s Institute for Higher International Sciences. After the launch of the fi rst satellite in 1957, Mikhail Smirnov, an aviation law expert, started paying more attention to the new aspects of aviation law associated with space exploration: he spoke at a number of international meetings of specialists in this fi eld of law. His works were published in domestic and international journals and his papers were cited by many authors. The scientist became a member of the International Astronautical Academy, the International Astronautical Federation, and the first president of the International Institute of Space Law. Smirnov was even a Serbian Academy of Sciences and Arts corresponding member candidate. Nevertheless, he was almost completely forgotten in Serbia.

Pandemics, Planetary Health and Human Rights

Global solidarity and international cooperation are key to addressing compound global crises – such as climate change, biodiversity loss and pandemics – effectively. It remains unclear, however, to what extent, and on what legal basis, solidarity and international cooperation constitute legal obligations of States under different branches of international law. Questions also persist about the extent to which and how States’ obligations of international cooperation are differentiated; what common and differentiated obligations entail in practice for States at different levels of development; and how potential conflicts between different types of obligations (e.g. territorial and extraterritorial human rights obligations) must be addressed. This article seeks to unpack these questions from the perspective of international human rights law, giving due consideration to relevant principles and provisions of international environmental agreements. It builds on international law scholarship that has explained how and why the provisions of the UN Charter should be interpreted as creating genuine membership duties, including an obligation to cooperate to realise human rights. Further, it builds on more recent scholarship that has explored how this obligation applies in connection with climate change and biodiversity, and on a nascent body of scholarship on the covid- 19 crisis, human rights and international law. The aim of the article is to explore the role of the principle of solidarity and the duty to cooperate to realise human rights in devising more effective and holistic responses to compound global crises.