Consequences For International Law Research Articles

Neutrosophic Insights into Military Interventions: Assessing Legitimacy and Consequences in International Law


 This scientific paper analyzes the legitimacy of military interventions within the framework of international law and their potential consequences. It highlights the need to support these interventions with robust legal and moral reasoning due to their complexity and controversy in the international community. The interpretation of legal and ethical principles can be subjective and lead to disagreements among states and international actors. The consequences of military interventions are explored, ranging from loss of life and infrastructure destruction to population displacement, political instability, and humanitarian crises. Legality and proportionality in interventions are essential to ensuring their legitimacy, and the potential consequences must be carefully assessed before undertaking an intervention. Adherence to the international legal framework is crucial to prevent military interventions from being deemed violations of international law. The neutrosophic DEMATEL methodology used in the study identifies cause-and-effect relationships among key criteria related to military actions in the realm of international law. The article highlights the importance of carefully considering the legitimacy and potential consequences of military interventions within the context of international law.

Meta’s Oversight Board and Transnational Hybrid Adjudication—What Consequences for International Law?

AbstractMeta, formerly the Facebook Company, faces immense pressure from users, governments, and civil society to act transparently and with accountability. Responding to such calls, in 2018, it announced plans to create an independent oversight body to review content decisions. Such a forum is now in place in the form of the Oversight Board. To Meta’s credit, the speed at which the Oversight Board has been established is remarkable. Within two years, a global consultation process was completed with input obtained from users as well as experts, the regulatory infrastructure for the Oversight Board built, its members selected, and the first decisions of the Board already rendered in January 2021. With its institutional structure in place, and plenty of resources to tap into, the Oversight Board could have a real effect on how some transnational disputes are resolved. Thus, the Oversight Board may very well be setting the direction for how tech companies in particular, and multinational corporations in general, go about providing grievance mechanisms to individuals who their actions adversely affect. Through a study of the Oversight Board, this article considers whether we are witnessing the birth of a special type of “transnational hybrid adjudication” that could have a systemic impact on international law, or an experiment with limited relevance.

Pathways to greater government accountability for breaches of their obligations in relation to doping in sport: A legal analysis.

The State doping scandal in Russia has highlighted a major discrepancy in the fight against doping in sport: on the one hand, the signatories of the Word Anti-Doping Code (federations, NADO's, etc.) are subject to a very strict regime and incur serious sanctions, while on the other hand, States, when they massively violate the rules, do not risk very important consequences in international law. For example, high ranking officials as well as the Russian state apparatus have not been affected with a few exceptions such as the Moscow antidoping laboratory. The aim of this opinion paper is to present a reflection on the different avenues that could be envisaged to make governments more accountable, especially as work is underway on the topic. The development of a true government accountability regime would allow the system to be more balanced.

Meta’s Oversight Board and Transnational Hybrid Adjudication – What Consequences for International Law?

Meta’s Oversight Board and Transnational Hybrid Adjudication – What Consequences for International Law?

The publication ≪Encyclopedia of International Law≫ in Three Volumes (an Editorial Board Chaired by Yu.S. Shemshuchenko and V.N. Denisov) Institute of State and Law. V.M. Koretsky NAS of Ukraine - (Kiev: Academic Periodic, 2014-2019) - as the Next Step in the Development of International Law (Analytical Review of Vol. 1)

INTRODUCTION. The article contains a comprehensive analysis of one of the fundamental works on international law, which was published in the post-Soviet space - “Encyclopedias of International Law” in three volumes. The work was performed at the Institute of State and Law. V.M. Koretsky NAS of Ukraine and its methodology is based on the sociological approach of establishing the laws of social development. Its timeliness at the time of the crisis of international law is noted. This requires its adaptation to new, changing conditions of social development. However, moving forward, it is necessary to fix the clear legal structures of international law. Inaccurate definitions of legal concepts, allow their ambiguous interpretation, complicate law enforcement and allow abuse. The encyclopedia is a basis that has fixed the most advanced views to date in the field of international law. It contains the best practices of the Russian, Soviet and, in a new quality, post- Soviet school. Given the volume of material, the article highlights the 1st volume of the Encyclopedia, which adequately characterizes the entire huge array of work.MATERIALS AND METHODS. The article considers the 1st volume of the Encyclopedia of International Law in three volumes, uses scientific works presented in domestic and foreign science on the international legal regime of the Arctic sea spaces, the application of estoppel rules, regulatory and analytical material, and international judicial practice. The study is based on general scientific methods of cognition (systemic and structural approaches, analysis and synthesis, induction and deduction), as well as special methods (comparative legal, historical legal, modeling).RESEARCH RESULTS. The 1st volume contains articles on international treaties, which are included in the textbooks of the course of international law and are little-known. There are articles on international organizations, specialized bodies and institutions; terms and concepts. A significant place in the Encyclopedia is given to international legal practice, including international judicial and arbitral awards. The authors of the Encyclopedia are leading scientists, many of whom have earned authority on a global level. The Preface focuses on the fact that numerous crisis phenomena and military conflicts of the last period in the world, including Ukraine, bring chaos to international relations and threaten peace and security. The Encyclopedia reflects the influence of modern challenges and threats on the level of effectiveness of the application of the principles and norms of international law, highlights the role and significance of the UN Charter. A significant place in the Encyclopedia is devoted to the historical aspects of the development of international law, starting with the treaties of Kievan Rus with Byzantium. The participation of Belarus, Russia and Ukraine as part of the USSR in the founding of the UN. Considered the collapse of the USSR, its consequences for international law. The way out of this situation is possible only by restoring the balance of forces and establishing a new world law and order on the basis of strict observance of the norms and principles of international law. Attention is paid to sharp historical topics. The encyclopedia contains a large selection of articles about personalities, among which are the founders of international law and current scientists. Some of them are given special attention in the article.CONCLUSIONS. It is concluded that Russia could revise its position, voiced by the USSR, regarding the width of territorial waters in the Arctic Ocean. The encyclopedia of international law is the first systematic work that has collected knowledge in the field of international law in the post-Soviet space. The Encyclopedia reveals the features of the legal nature of international law and the content of its basic concepts and categories.

The Imperial Over-Stretch of International Law

In presenting the international law community with a call to action in defense of the liberal international order against a trend towards “authoritarian international law,” Tom Ginsburg prompts us to assess the systemic dynamics at play in the contemporary international legal order. In doing so, we should be cautious about assuming that the consequences for international law of any particular actor will be positive or otherwise. A couple of decades ago even American international lawyers were concerned about what they perceived to be the threat posed to international law by the United States as global hegemon. And yet from today's vantage point, it seems that the imperial actor during the post-Cold War period may not have been the United States so much as transnational civil society. The very openness of the system of international law that enables both democratic and authoritarian regimes to promote norms reflective of their policy preferences has also enabled civil society to advance norms, processes, and institutional structures that go beyond the policy preferences of dominant states. In doing so, civil society—a hallmark of what we might refer to as the “pseudo-democratic” international legal system—has challenged the delicate balance between power politics and the realization of a pure international rule of law. The consequences appear serious.

The legal nature of the "Procés"

We analyse the legal nature in International law of the autonomous Catalan authorities’ attempt to secede from Spain and create and independent Catalan Republic. For that purpose we consider the legality and legitimacy of the 1978 Spanish Constitution and its consequences for international law. In Belgium or Germany the internal judges have broken international and European law and they have not understood the nature of the phenomenon.

To Wreck a State

The Responsibility to Protect Doctrine (R2P), a modernized version of the doctrine of Humanitarian Intervention, seemed to gain growing acceptance amongst scholars and statesmen during the first decade of the twenty-first century. When Libyan dictator Muammar Gaddafi faced an insurgency against his rule in 2011, R2P was deployed as the legal justification for the United Nations’ intervention in Libya via NATO, which resulted in the elimination of the Gaddafi regime. However, in the five years since the intervention, Libya has devolved into a broken and failed state. Its social and economic demise raises the question: Should there be consequences in international law for “wrecking” a state, provided the wrecking is accomplished through the pretextual and fraudulent use of humanitarian concerns? This Article answers this question in the affirmative, and proposes the recognition of a new crime in international law, “aggression-by-pretense,” to be prosecuted at the international level in the International Criminal Court. It explores the key theoretical and practical dimensions of this new crime, moving us past the long and somewhat tired debate over the wisdom of R2P and toward an exploration of the concrete legal consequences that should ensue for the world’s statesmen in the event R2P is abused.

Shared Responsibility in International Law: A Conceptual Framework

his paper explores the phenomenon of the sharing of international responsibilities among multiple actors who contribute to injury to third parties. It examines the manifestations of shared responsibility, identifies the normative questions that it raises, assesses its possible consequences for international law and legal doctrine and sets forth a conceptual framework that allows us to analyze questions of shared responsibility. By doing so, the paper lays out the foundations, scope and ambitions of the SHARES Project - a five-year research project funded by the European Research Council and carried out by a research group at the Amsterdam Center for International Law. The paper more particularly explores the current framework of international state responsibility, how it can apply to situations of shared responsibility and what are its limits. It then suggests revisiting the foundations of international responsibility and proposes, in light of its public/private nature and objectives to move away from a unitary to differentiated regimes of international responsibility. It is within this new framework that some key normative questions, both substantial and procedural, that arise in situations of shared responsibility are discussed (joint and several liability, relationship between multiple wrongdoers, changes to the bilateral nature of international dispute settlement). The paper concludes with a 'semantic toolbox' of shared responsibility, defining concepts such as 'shared accountability', 'shared attribution or 'shared liability' which will provide a useful point of reference for subsequent research on the topic.

Global War on Terrorism and Prosecution of Terror Suspects: Select Cases and Implications for International Law, Politics, and Security

The focus of this article is on the methods employed to confront terror suspects and terror facilitators. The objective is to raise questions about the policies that the United States have adopted in conducting the war on terrorism and study its implications for international law and security. It is to examine whether the overzealousness in the execution of this war on terror has generated some unintended consequences for international law and complicated the global judicial architecture in ways that are not conducive to the democratic propagation of human rights

Kosovo and South Ossetia: Similar or Different? Consequences for International Law

Kosovo and South Ossetia: Similar or Different? Consequences for International Law

Uncertain Steps into a Post-Cold War World: The Role and Functioning of the UN Security Council after a Decade of Measures against Iraq

The 'case of Iraq' is the most important single issue the UN Security Council dealt with in the 1990s. It has strongly influenced the role and functioning of the Council in the international legal order. The case, which began with Iraq's invasion of Kuwait in 1990 and continued with a prolonged effort to induce Iraq's compliance with the post.conflict regime imposed by the Council, has brought together and exemplified the manifold problems, opportunities and pitfalls encountered by the Council on its way to establishing itself as the principal executive organ of the international community. The history of how the Council proceeded in the Iraq case since 1991 is one of the Council taking uncertain steps into a post-Cold War world. The Council was able to revitalize the collective security scheme devised in the UN Charter of 1945, therey claiming and maintaining its validity after the ruptures in the international system brought about first by the East-West antagonism and then by its sudden conclusion. Further, the Council embarked on a programme of work with profound normative consequences in international law. In a sort of tour d'horizon, this article tries to single out and discuss the most important aspects of the Council's role and functioning as influenced or altered by its handling of the Iraq case, in particular the problem of sanctions and the comprehensive post-conflict regime of Resolution 687 (1991), the extent of the Council's powers, the constitutional reform and procedure of the Council, and the enduring problem of 'legitimacy'.