Concept Of International Law Research Articles

“Si vis pacem, impera bellum”: The ICRC, international humanitarian law and peace

Abstract This article examines the links between the concept of peace and international humanitarian law (IHL). It takes a closer look at how the originator of IHL, the International Committee of the Red Cross, justified the existence of this body of law, which was supposed to regulate war, in the face of those who wanted to see war abolished once and for all. The article also questions the attitude of the International Red Cross and Red Crescent Movement, which, while wanting a peaceful society, did not give itself the means to achieve one.

FEATURES OF SUSTAINABLE DEVELOPMENT PRINCIPLES CONSOLIDATION IN RUSSIAN LAW

The purpose of the research. The article deals with the problems of reflecting the concept of sustainable development in the Russian legislation. The historical aspects of the formation of this concept in international law are studied, the role of the United Nations in its promotion and development is noted. The main normative legal acts of the Russian Federation reflecting the ideas of sustainable development are considered in order to analyze the nature of the provisions contained in them and assess their effectiveness. Conclusions. The study concluded that there is no single special normative act regulating relations in this area in the Russian Federation, as well as a limited number of sources of national law, generally affecting the issues of achieving sustainable development goals and ESG-agenda implementation. At the same time, a significant role of «soft law» acts (standards, industry recommendations, codes of corporate governance, etc.), which, despite their advisory nature, are important for closing the emerging gap in legal regulation in this area, was noted. Such acts are developed, in particular, by the Bank of Russia and Rosstandart within the limits of their authority, as well as within the framework of initiatives of business associations (primarily, the Russian Union of Industrialists and Entrepreneurs) to develop documents designed to ensure the implementation of sustainable development goals and objectives by business community members on a voluntary basis. Among the possible directions of the legislation improvement, it is proposed to get back to the development of the draft federal law «On Public Non-financial Reporting» taking into account the necessity to amend some of its provisions both in terms of the conceptual apparatus and in terms of fixing specific indicators of such reporting.

Cultural Property Protection in Private International Law

The armed aggression of the Russian Federation against Ukraine has brought the issue of protecting cultural property to the forefront. Numerous documented cases of illegal exports of cultural property from Ukrainian museums located in territories occupied by the aggressor country have emerged. In addition, little is known about the number of stolen objects from private collections, which are considered cultural artifacts. There are no statistics available on this matter. This paper aims to explore the problem of applicable law during the consideration of disputes regarding the protection of cultural property. The author examines the concept of cultural property restitution in private international law and different approaches and concepts for defining "restitution" and "return" of cultural values. It has been argued that the term “return of cultural property” should encompass a wider scope, including both the restitution of illegally exported cultural property and the return of cultural property that was legally in the possession of another state but was later repatriated to the original state as a gesture of goodwill. The author offers his definitions of these terms based on theoretical research, as well as an analysis of the domestic legislation of Ukraine and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Property of June 24, 1995. The paper also delves into the issues of conflict regulation of disputes involving cultural values. Both the issues of determining the right of ownership to and the problems associated with the protection of the right of ownership of cultural property in private international law are considered. The point of view that the conflict of laws rule lex originis (the law of the country from whose territory the cultural property was exported) should be applied in disputes regarding the return of cultural property from someone else's illegal possession is supported. The author concludes, based on a comparative analysis of laws on private international law, about the most appropriate mechanism for protecting the property rights of a bona fide purchaser in disputes over cultural property.

Traditional Legal Concepts under Fire? Business and Human Rights at the International, National and EU Levels

Abstract Over the past decade, business actors, in particular transnational corporations, have been increasingly called to respect human rights and environmental standards in their own operations and in their supply chains. However, the idea of obliging companies to respect human rights throughout their supply chains requires legal changes at international, EU and national levels that have proved hard to achieve. A common explanation for the slow progress in these areas is the strong lobbying of global economic players who successfully obstruct the necessary legal reforms. Conversely, the present contribution aims to show that one of the reasons for the slow progress in adopting the necessary legal reforms is that imposing such obligations on companies may challenge certain traditional legal concepts of international law, as well as the public, civil and criminal laws of many, if not most, countries around the world, and critically examines the response of different legal systems to these legal challenges.

A MULTI-DIMENSIONAL APPROACH TO IMPOSE UNIVERSAL JURISDICTION IN INTERNATIONAL LEGAL PRACTICE

The study introduces a multidimensional solution to impose universal jurisdiction by utilizing firm concepts in international law to enhance the functionality of this principle in international legal practice. Initially, it explores the current ‎classification of the principle of universal jurisdiction in international law to ‎determine its latest status quo. It is prominent to introduce a comprehensive presentation of the ‎structure of universal jurisdiction and its relevant concepts in international ‎law by ‎reviewing international jurisprudence on this principle. Thus, the study reviews its evolution in international legal instruments and how ‎international courts utilise them. In addition, the research analyzes the UN ‎relevant resolutions on universal jurisdiction to draw a global portrait of its ‎legal status in international law.‎ Because of the cosmopolitan humanitarian ends of universal jurisdiction, the research suggests employing the concept of humanness to justify imposing it. In addition, these ends, and the purpose of enhancing international justice, drive the study to introduce the theory of the responsibility to protect (R2P) to justify the utilization of domestic legal rules extra-territorially. Nevertheless, this utilisation might trigger the question of national judiciaries’ independence. The research analyzes this problem to establish the required foundations to strike a balance between the independence of national judiciaries and imposing universal jurisdiction to secure justice.

Double Dutch: Illumina/GRAIL, Article 22 and the General Court

This article explores the jurisdictional issues underlying the decision of the European Commission to review Illumina’s acquisition of GRAIL. It marked the first the time the Commission investigated an acquisition where the target had no activities in the EU; nor indeed any nexus to any individual Member State. The decision to review a concentration where the target had no EU revenues was premised on a re-interpretation of Article 22(1) of the EU Merger Regulation, which allows Member States to request the Commission to examine a concentration. This interpretation is intended to expand the jurisdictional reach of the regulation to capture transactions involving companies with low turnover, but high competitive potential in the internal market, in cases where neither EU nor any Member State merger control thresholds are met. The General Court upheld the Commission’s position on Article 22 jurisdiction, but the judgment is on appeal to the Court of Justice. This article argues that the Court should overturn the earlier ruling on the basis that the GC was mistaken in its approach to Article 22, in view of its history and purpose. It also considers that flaws in the conduct of the procedure which deprived the merging parties of due process warranted an annulment of the decision to open an investigation. Moreover, this article calls out the incompatibility of the Commission’s application of Article 22 in Illumina/GRAIL with international law concepts of comity, fairness and sovereignty.

Sovereignty, Territoriality, and Private International Law in Classical Muslim International Law

Abstract Scholars in recent years have shown interest in challenging the historical origins of international law and its normative claims to universality. This Article challenges the prevailing conceptions of Islamic international law (al-siyar), first set out in English-language scholarship by Majid Khadduri, as primarily an ad-hoc response to the failed aspiration of a universal Muslim commonwealth. It shows that Islamic international law, in its classical phase (eighth–thirteenth centuries), as first formulated by Iraqi, and later, Central Asian, scholars (who together later came to be known as Ḥanafīs), understood all legal order as being rooted in sovereignty and territoriality, with shared religion a secondary concern. This theory of legal order arose out of an understanding of political order as emerging from a natural and universal condition of war that is incidental to the individual’s natural sovereignty. I trace the genealogy of this conception to the founding moment of the Muslim commonwealth and describe its manifestation in classical Ḥanafī solutions to a series of cases in “private international law.”

Research on the Transboundary Environmental Damage Caused by the Discharge of Nuclear Wastewater in Japan

Neighboring nations voiced severe protests when Japan unilaterally declared on August 23, 2023, that it intended to release radioactive effluent stockpiled since the Fukushima nuclear accident in 2011 into the ocean. Japan clearly breaches international law by acting in a way that is contrary to its duties for reasonable risk prevention, notification, and transboundary environmental impact assessment. In the international community, the question of transboundary injury accountability and compensation has long been of concern. International conventions addressing transboundary pollution are mostly framework agreements with soft law provisions, which means that their substantive impact on contracting parties' behavior is minimal. This article examines the national and personal obligations that the party in control of this nuclear wastewater discharge should have by combining concepts of international law, including the principle of attribution, state sovereignty, and international environmental protection. It examines the characteristics of international transboundary damage liability and compensation schemes from the standpoint of governments taking on international environmental responsibility.

ALLEGIANCE BLINDNESS, EXTRA-TERRITORIAL EXUBERANCE, AND SECURITY AMBIVALENCE: A CRITICAL ANALYSIS OF THE RULING OF THE EUROPEAN COURT OF JUSTICE ON PRODUCTS ORIGINATING FROM WESTERN SAHARA

Background: The European Court of Justice recently annulled Council Decision (EU) No. 2019/217, which had authorised the conclusion of an agreement—in the form of an exchange of letters—between the European Union and the Kingdom of Morocco. This agreement initially extended coverage of preferential trade treatment between the two parties to products originating in Western Sahara and subject to the control of Moroccan customs authorities. The ECJ’s ruling has removed those trade preferences and imposed a de facto EU embargo on the region. This article critically discusses the ECJ’s ruling on both legal and policy grounds. From a legal standpoint, the ECJ’s decision foregoes consideration of notions of sovereignty applicable to Western Sahara in virtue of Islamic law, which would have led to recognition of its enduring ‘allegiance’ to Morocco. Moreover, the same decision amounts to an instance of extra-territorial application of EU law and infringes the principle of indivisibility of agreements. From a policy standpoint, by acknowledging standing in virtue of mere non-State armed military presence, the ECJ’s ruling has offered to terrorist groups and rebel militias— in a context of profound instability in the Sahel region—a blackmail strategy vis-à-vis regional governments. Methods: This critical review uses the descriptive approach to outline, analyse, interpret, and criticise the 2021 ECJ ruling, which denies preferential trade treatment to products from the Western Sahara region, even when under the control of Moroccan customs authorities, while Moroccan products continue to receive such treatment. Results and Conclusions: The European Court of Justice partially used the concepts of international law as it paid no regard to the concept of sovereignty in the Islamic world, which is connected to tribe, allegiance and loyalty. Further, extending the application of the European Law to a third state, which has several agreements with the European Union, must be devoid of any political dimension affected by regional conflicts and international balances. The enforcement of the referred ruling is tantamount to the economic embargo on the Western Sahara Region, which will inevitably affect the security situation thereof and thus bring it closer to the influence of terrorist groups.

THE GAZA CONFLICT WITHIN INTERNATIONAL LAW

Israel came under brutal attack on October 7, 2023, culminated in a long festering all out conflict against the Hamas perpetrators in the Gaza Strip. All parties to conflict must act in accordance with international law. This article examines whether Israel’s subsequent use of force to rescue and defend its nationals, abides by the right of self-defense under the UN Charter and is in accordance with the law of armed conflict and international humanitarian law. Keywords: Gaza Conflict, Right of Self-Defense, Law of Armed Conflict, International Humanitarian Law

International Cooperation of BRICS Countries in the Field of Forced Migration: Topical Issues and Prospectives

Introduction. International law acts of BRICS countries enshrine their attachment to enforcement of the international cooperation in the field of population, in particular migration. The rise in the number of forced migrants on their territories as well the accession of new States to BRICS explains the topicality of the research into the particularities and prospects of BRICS countries’ cooperation in the sphere of forced migration. Meanwhile the international law acts adopted by BRICS countries do not enshrine their unified position as regards general principles of their cooperation in the sphere of forced migration.Materials and Methods. The conciliation theory according to which creation of international law norms results from the reconciliation of international legal position of its subjects serves as the theoretical framework for the present research. While exercising autonomous international legal policy, each State aims at enshrining the principles of its foreign policy in the international law acts. International legal positions of States are enshrined in their treaties, national legislation and unilateral acts. The article contains the results of a comprehensive comparative analysis of international legal positions of BRICS countries as regards international law norms governing the legal status of forced migrants. The subject of the research includes universal treaties, BRICS countries’ international law acts, national legislation and unilateral acts.Results. BRICS is an intergovernmental institution, which is not de jure an international organisation. The acts adopted by BRICS countries are joint unilateral acts enshrining their unified positions on international law. International cooperation of BRICS countries in the sphere of forced migration is based on principles of rule of international law and multilateralism as well as their coincident and similar positions on interpretation and application of international law norms governing the legal status of forced migrants. BRICS international law acts enshrine the international law concepts applicable to the international cooperation in the field of forced migration.Discussion and Conclusions. Conciliation of international law positions of BRICS countries as regards interpretation and application of international law concepts of “durable solution to the problem of forced migrants”, “responsibility sharing”, “solidarity”, “common but differentiated responsibility” as well as other international law concepts upon which the international cooperation in the field of forced migration is based should be considered a prospective area of their international cooperation.

THE SPECIFICS OF THE INSTITUTE OF STATE OFFICIALS' IMMUNITY IN THE LIGHT OF ARMENIAN CONSTITUTIONAL ORDER

The article discusses the nature of the institution of immunity as a political and legal concept in international and national law. The authors present the main approaches to the understanding of this concept, its classification, as well as the historical preconditions for its formation as a legal institute. The authors proceed from the understanding that the comprehension of the institution of immunity should take place exclusively in the context of the political traditions of a particular state, the specifics of a particular legal order, the prevailing understanding of law, legal culture, as well as the specifics of the political and legal, socio-economic, historical and cultural development of a particular society and state. The authors believe that the institution of immunity is determined only by the official position that a person occupies and the purpose of the proposed protection is to ensure favorable conditions for the effective performance of the official duties of the person, and in this sense, the institution of immunity cannot act as a personal privilege associated with the person of the official. The authors find that the institution of immunity does not act as an absolute legal category and, in the presence of appropriate grounds, is subject to restriction and strictly narrow interpretation, which is also important for a democratic society. The authors believe that, in particular, on issues of disclosure and prevention of crimes against humanity, the immunity of officials should be subject to strict restrictions. The authors present the main constitutional foundations for the regulation of the immunity of President and parliamentarians within the framework of the constitutional order of the Republic of Armenia, specifically concluding that all international and national legal provisions governing the issue of granting immunity to officials should not be interpreted and applied in a manner that contradicts paragraph 11 of the Declaration of Independence of Armenia and the state-forming values, principles and aims, establishes in the Preamble of the Constitution of the Republic of Armenia.

The concept of an international legal concept

International lawyers refer to concepts such as ‘State immunity’, ‘the high seas’, ‘jus cogens’ and many others as genre-specific – as ‘concepts of international law’. This practice presupposes a definition that can help to distinguish concepts of international law from other concepts used by participants in international legal discourse. This article draws attention to the great complexity of this issue. It starts from the assumption that all genre-specific concepts have an importance for the structuring and development of the branch of activity to which they are said to belong. It arrives at the conclusion that there is in fact not just one way of defining a concept of international law, but several. These definitions are inextricably tied to different conceptions of law. The article argues that it is important that international lawyers openly acknowledge this relationship between different theories of law and different conceptions of an international legal concept. Doing so will enhance the rationality of legal communication and the productivity of international legal discourse.

Criminal liability for ecocide under international law

Purpose. The purpose of the article is to determine the legal nature of ecocide in the context of international law as «international crime» or «crime of international nature». Methodology includes the general scientific dialectical method, as well as other methods of scientific knowledge: functional, system-structural, and comparative methods. Results: It was concluded that there is no regulation of ecocide in international law as an international crime outside the context of an armed conflict, which excludes international legal responsibility for its commission, or a crime of international nature (transnational crime), which is due to the limited establishment of criminal responsibility for ecocide in the national legislation of many states. It has been established that ecocide can potentially be recognized as an international crime stricto sensu if the adoption of relevant amendments to the Statute of the International Criminal Court will be, and as a crime of an international nature if the adoption of a multilateral international treaty as universal legal standard will be. It was determined that a separate political and legal instrument of influence on national legislation is the establishment of standards of responsibility for environmental criminal offenses, including ecocide, within the framework of membership in international organizations (Council of Europe) and economic and political unions (EU). It was established that until now the development of the concept of ecocide in international law as an act characterized by signs of "seriousness", "long-term" and "wide-spread" damage to the natural environment is at the stage of development. Originality. The legal nature of ecocide in the context of its belonging to an international crime / a crime of an international character as concepts of international criminal law is studied. Practical significance. The results of the study can be used in educational, law-making and law-enforcement activities in the course of developing the state criminal law policy.

Private international law in the context of space law

This article explores the intersection of private international law and space law, shedding light on the legal frameworks and considerations that govern activities in outer space. The primary focus of the article appears to be on the evolving legal landscape as it pertains to private entities and their involvement in space-related activities.
 Key Points:
 Space Law Context: the article delves into the broader context of space law, outlining the various international agreements and treaties governing outer space activities. This context is crucial to understanding the legal framework within which private international law operates in the realm of space.
 Private Entities in Space: given the mention of "Private International Law,” the article discusses the participation of private entities, such as commercial space companies and satellite operators, in activities related to space exploration, satellite communications, and space resource utilization. This touches upon the legal rights and obligations of private actors in space.
 Jurisdiction and Dispute Resolution: the article explores how private international law concepts, such as jurisdiction and dispute resolution mechanisms, apply to space-related disputes. This includes discussions on which legal jurisdictions govern disputes involving space activities and how international treaties address jurisdictional issues.
 Liability and Responsibility: space activities inherently involve risks, and the article touches the legal frameworks for liability and responsibility in cases of accidents or damage caused by space objects, especially when private entities are involved.
 Evolving Legal Landscape: the dynamic nature of space law, with new technologies and actors continually emerging, can be a central theme. The article discusses recent developments, challenges, and adaptations in space law to accommodate private sector interests and innovations.
 Future Implications: the article speculates on the future direction of private international law in the context of space activities. This encompasses considerations of how space law may need to adapt further as commercial ventures expand into the cosmos.
 Global Collaboration: given the international nature of space activities, discussions on the importance of global collaboration and cooperation in addressing legal issues related to space.
 Overall, this article provides valuable insights into the evolving legal landscape at the intersection of private international law and space law, offering readers a deeper understanding of the legal complexities surrounding space activities conducted by private entities.

Safeguard Measures on Imports of Solar Cells and Modules

Within the context of the escape clause concept in international trade law, this articleanalyses the trade safeguard measures that the United States of America has enacted onimports of crystalline silicon photovoltaic (CSPV) cells and modules. An examination of thereasoning behind the United States’ decision to adopt these controls by Section 201 of theTrade Act of 1974 is presented in this article. The study highlights the detrimental effects ofincreased imports and trade on the domestic solar industry. The purpose of this study is todetermine whether or not these measures are by the conditions that are described in theescape clauses of the General Agreement on Tariffs and Trade (GATT) and the Agreementon Safeguards.

British Utilitarianism after Bentham: Nineteenth-Century Foundations of International Law Part II

Abstract What are the legal principles of British utilitarianism in the long nineteenth century; and what conception(s) of international law do they offer? The celebrated founder of the utilitarian school is Jeremy Bentham, who categorically rejects all metaphysical natural law thinking by insisting that all positive law ought to be adopted by a legislature. But in the absence of a world legislature, what did this mean for the positivity and normativity of international law? Surprisingly, Bentham and a second generation of utilitarian thinkers can affirm the legally binding nature of international law; yet with John Austin, a radical ‘sovereigntist’ critique subsequently casts doubt over the nature of international law as law ‘properly so called’. This infamous scepticism would have a profound impact on British international thought in the twentieth century; yet in the nineteenth century, the ideas of a third-generation utilitarian became more prominent: the liberal philosophy of John Stuart Mill. Mill’s ‘relativist’ and ‘civilisational’ conception of international law thereby gave the utilitarian project a specifically imperialist dimension that will be analysed, both in its utilitarian-philosophical and practical-legal dimensions. The article however also explores two other legacies of British utilitarianism, namely: the rise of international codification and the emergence of a specifically British conception of private international law during the nineteenth century.

Should There Be A Second Chance for Ex-ISIS Indonesians?

The year of 2019 was hard on Islamic State in Iraq and Syria (ISIS), they lost their main territories and suffer from collapsing until finally lost their leader, al-Baghdadi, by US attack late October 2019. The situation led to the escape of thousands of their ex-members that currently stranded in several different refugee camps in Syria, among the thousands several hundred are Indonesian citizens. On February 11th 2020, the Indonesian government decided to not taking back all 689 Indonesian citizens that previously involved in the mentioned terrorist organization. This decision was taken under the pretext of preventing radical ideas to develop in Indonesia’s soil and ensuring the safety of Indonesian people from the threats of terrorism. Within this paper, we would like to challenge Indonesia’s decision by assessing the situation through the concept of international law and international security. According to the Universal Declaration of Human Rights and 1961 Convention on Reduction of Statelessness, every country should prevent its citizens from being stateless, thus Indonesia is in no position to reject its citizens and must assist them to get back to their country. Using the notion of international security, it is theoretically more beneficial for Indonesia to take their citizens back, rejection may lead to more dangerous retaliation by the abandoned citizens and could possibly cause bigger harm in their current state. This paper will try to offer alternative viewpoints to the current Indonesia’s policy.

The Four-Pillar Structure of International Nuclear Law: Nuclear Safety, Nuclear Security, Nuclear Safeguards and Liability

With the discovery and global expansion of nuclear energy, the need for an international nuclear law framework has emerged. Thus, realizing the advantages of the safe, secure, and peaceful use of nuclear technology and its applications in our daily lives depends on an inter- national nuclear law framework. According to International Atomic Energy Agency (IAEA) nuclear law stands on four main ‘pillars’: nuclear safety, nuclear security, nuclear safeguards and liability. This study aims to trace the development of international nuclear law focusing particularly on its four-pillar structure. To this end, the study first examines the concept of international nuclear law, and then respectively focuses on nuclear safety, nuclear security, nuclear safeguards and civil liability for nuclear damage within the framework of international nuclear law. In this regard, the work of the IAEA, the world’s international nuclear watchdog, towards ensuring that nuclear science and technology are used in a safe, secure, and peaceful manner has been assessed. The study also puts that all four pillars of international nuclear law has been expanded and improved due to the need in process and the particular challenges they have faced.

GOVERNING THE WARS; THEORY, LEGISLATION, HUMAN RIGHTS, HUMAN SECURITY, AND ETHICS

The study indicates wartime programmed violence's implications within the liberal interpretation of contemporary legislative and human rights debates. It discusses related war theories and practices, problematizing instrumentalization of instilling new global ethics, arguing that humanitarian interventions often became "usable" in the new millennium's geopolitics; wars fatally affect the innocent. It points out that the origins of democracy are structurally violent and that the threat of terrorism, in addition to revealing new forms of "democratic violence," is having a transformative effect on the very character of democracy. How the concept of just cause agrees with armed humanitarian intervention, and whether we have the right to impose democracy by force? Whether the theory of just war in its positivist-legalist paradigm that combines universalist principles with utilitarian harm-weighing versus profit can offer a comprehensive method of morally contemplating current wars. The distinction between liberal cosmopolitan arguments and social democratic ones is apparent. The arbitrariness and the imposition of individual states' views create issues, leading to fragility (human security, socioeconomics, economic development, health). The compulsory international focus and responsibility should incorporate critical medical (children) - "the right to health" and humanitarian goods. Implementing rules to control war's destructiveness is less effective in intercultural conflicts. The doctrine of "just war" application is questionable, and no new victim should suffer even when the goal of the intervention is entirely legitimate and "humane." It cannot be just that it will exempt intervention forces from applying international humanitarian law, nor does the legitimacy of the intervention exempt them from respect for international humanitarian law. The international law concept has evolved from an instrument of promoting peace to an agent of the violent argument of force realization. Ethics is often imposed as politics; human rights ethics transformed into war ethics, leading to human rights violations and civilian casualties. War justice and the moral paradigm within globalization's contemporary forms are questioned. A broader discussion of the assumptions of the universality of Western values that have driven international law for centuries is required.