Development Of International Law Research Articles

Evolution of International Law: From Early Treaties to Concept of Contemporary Sovereignty

This paper examines the evolution of international law from its early foundations to its contemporary form. Starting with the basic legal principles, it highlights significant milestones, such as the Peace of Westphalia in 1648, which established the concept of state sovereignty. The study also explores the contributions of Hugo Grotius, who is often regarded as the "Father of International Law," whose work significantly shaped the modern legal framework that governs relations between states. In addition, he analyzed the development of global institutions such as the United Nations, which emerged after World War II and played a crucial role in encouraging international cooperation and advancing international law in the 20th century. Particular attention is paid to treaty law, emphasizing how treaties between countries are important for maintaining global order. Using a qualitative research approach, this study provides a comprehensive understanding of historical and contemporary shifts in international law. It discusses how countries have balanced their sovereignty by pursuing global cooperation and broader peace. These findings underscore important moments in the evolution of international law, offering insights into the ongoing challenges and opportunities for global governance in the modern era.

Raphael Lemkin’s conception of genocide and background of its emergence

The article is devoted to the study of the concept of genocide proposed by Raphael Lemkin and its evolution in international law. R. Lemkin – the author of the term «genocide» – developed a broad concept of this crime, which included not only the physical elimination of the national, ethnic or social groups but also the destruction of their language, culture, social structure and economic base. However, after the adoption of the UN Convention on the Prevention and Punishment of the Crime of Genocide in 1948, the legal definition of genocide was significantly narrowed. The article analyses R. Lemkin’s views on defining the scope of what can be considered genocidal acts, in particular, in the context of the Holocaust and other crimes committed by the Nazis, as well as in the context of the Holodomor. The article also examines the historical background of the emergence of the concept of genocide and the evolution of international legal instruments that protected the rights of national, ethnic and cultural groups before the emergence of this concept. In particular, the role of the Hague Conventions, many peace treaties, decisions of international judicial bodies and reports of international administrative bodies in the formation of legal prerequisites for the protection of the rights of the specified groups before the introduction of the concept of genocide and the adoption of the UN Convention on the Prevention and Punishment of the Crime of Genocide of 1948 is analysed. In addition, the article analyses in detail the differences between the original concept of R. Lemkin and the narrower concept that was enshrined in the 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide. Also, the views of modern scholars regarding the concept of genocide proposed by R. Lemkin are discussed. The results of this research may be useful for further analysis of the intellectual heritage of R. Lemkin, the influence of his concept of genocide on the development of modern international law, as well as for the further search for ways to improve international standards for the protection of minority rights and international legal instruments for the prevention of genocide, punishment for its commission and protection of its victims.

A BRIEF STUDY OF INTERNATIONAL LAW IN THE AGE OF CYBERSECURITY

The rapid evolution of cyberspace has transformed the global landscape, giving rise to a complex and interconnected digital realm. As nations and individuals increasingly rely on digital technologies, the need to establish a robust framework for cybersecurity within the realm of international law has become paramount. This paper explores the evolving landscape of international law in the age of cybersecurity, focusing on key challenges, developments, and the imperative for international cooperation. The digital domain transcends geographical boundaries, making traditional notions of state sovereignty and jurisdiction inadequate for addressing cyber threats. This has necessitated the development of international norms and regulations to govern cyberspace. The paper delves into the prominent developments in international law, including the Tallinn Manual and the United Nations Group of Governmental Experts, which have sought to clarify the application of existing legal principles to cyberspace. Cybersecurity challenges such as state-sponsored cyberattacks, cyber espionage, and the weaponization of information have strained the existing framework of international law. The paper discusses the critical need for a consensus on defining cyberattacks and determining proportionate responses in accordance with the principles of self-defense and the law of armed conflict. Furthermore, this paper emphasizes the importance of international cooperation and the role of multilateral organizations in promoting cyber stability. It explores the potential for global cyber norms and confidence-building measures to enhance international security and reduce the risk of cyber conflict. However, as the digital age continues to reshape the global landscape, the adaptation and evolution of international law in response to cybersecurity challenges is imperative. The paper highlights the ongoing developments and challenges in this arena, underscoring the necessity for collaborative efforts among nations to establish a secure and stable digital environment for all. KEYWORDS: Cybersecurity, International Law, Cyberspace, Norms, Cooperation

Exploring the connection between indigenous peoples’ human rights and international environmental law

The paper reviews whether Indigenous Peoples’ worldview has di-rectly influenced or not the decisions made by the Inter-American Court of Human Rights related exclusively to their human and environmental rights.In the first section of the investigation, it is described the main aspects to take into consideration regarding Indigenous Peoples and international law; i.e. conceptualization of the term Indigenous Peoples, its evolution in interna-tional law, and their core rights. Then, the text will deal with the relationship between Human Rights Law and International Environmental Law, through the discussion of how human rights have been included in the context of inter-national environmental law. Afterwards, the study will explore the close bond that exists between indigenous peoples and the environment, by relating to the different conceptions of its features according to them. Finally, the paper will analyse the decisions taken by the Inter-American Court of Human Rights in cases related to indigenous peoples’ environmental issues. The conclusion will lead to determine the contribution of human rights and international environ-mental law to solve indigenous peoples’controversies and vice versa

Chestiunea strâmtorilor Bosfor și Dardanele

"The struggle for control of the Bosporus and the Dardanelles, strategic access points on the only waterway between the Black Sea and the oceans of the world, has a long history. It has become even topical in the modern age, as an effect of the increase in economic power and the expansionist tendencies of some states, bearing the imprint of the flourishing or decline of some empires whose fate depended on the strategic situation at the junction of Europe and Asia. However, 86 years ago, in a conciliatory setting, a diplomatic instrument was signed in Montreux, emblematic in the evolution of international law, based on a real spirit of harmonization of political, economic and military interests, which authorized the transit of ships and aircraft through the area of the Bosporus and the Dardanelles straits. Still in force today, the Montreux Convention signed on 20 July 1936, which put Ankara in possession of the keys to the straits, is one of the long-lasting international agreements, limiting the number and tonnage of vessels and, in the case of warships, the duration of their presence in the area, a fact that, in the almost nine decades, has produced effects on the interests of some states, be they Black Sea littoral states or not. The current war in Ukraine, launched on 24 February 2022, brings back in the diplomatic debates the document whose articles relating to the conflict situation have not been invoked since the end of the Second World War, although, over time, interested parties have strongly advocated for the revision of the Montreux Convention."

The Question of the Bosporus and the Dardanelles Straits

"The struggle for control of the Bosporus and the Dardanelles, strategic access points on the only waterway between the Black Sea and the oceans of the world, has a long history. It has become even topical in the modern age, as an effect of the increase in economic power and the expansionist tendencies of some states, bearing the imprint of the flourishing or decline of some empires whose fate depended on the strategic situation at the junction of Europe and Asia. However, 86 years ago, in a conciliatory setting, a diplomatic instrument was signed in Montreux, emblematic in the evolution of international law, based on a real spirit of harmonization of political, economic and military interests, which authorized the transit of ships and aircraft through the area of the Bosporus and the Dardanelles straits. Still in force today, the Montreux Convention signed on 20 July 1936, which put Ankara in possession of the keys to the straits, is one of the long-lasting international agreements, limiting the number and tonnage of vessels and, in the case of warships, the duration of their presence in the area, a fact that, in the almost nine decades, has produced effects on the interests of some states, be they Black Sea littoral states or not. The current war in Ukraine, launched on 24 February 2022, brings back in the diplomatic debates the document whose articles relating to the conflict situation have not been invoked since the end of the Second World War, although, over time, interested parties have strongly advocated for the revision of the Montreux Convention."

The Influence of Scholarship on the Shaping and Making of the Law of the Sea

Abstract This article looks at the capacity of law of the sea scholarship to leverage change and evolution in international law. It first situates scholarship within Article 38(1)(d) of the Statute of the International Court of Justice and extends the discussion to introduce law of the sea scholarship as a community of practice. It considers the influence of scholarship on the law of the sea by illustrating 1) the direct and indirect entry points of law of the sea scholarship into the law of the sea, 2) the push-pull forces between scholarship and practice and 3) the contribution that law of the sea scholarship, as a community of practice, can make to the formation of international law. Overcoming the limitations of a law of the sea community of practice can enhance the capacity of legal scholarship to not only shape but to make international law.

Lessons from the International Law Commission to codify unilateral acts of the States. Problems, discussion and evolution of international law

This paper seeks critically and with the jurisprudential methodology of the International Court of Justice to shed light on the work carried out for many years within the International Law Commission in relation to unilateral acts. Is this a completed work, or is the codification missing? Is there arrogance of certain States that want to follow their own interests in the codification of the work completed? Is there a non-compliant silence from other States that have not taken a concrete position during the proceedings? These are some of the topics that are presented and discussed in this work. The completed work cannot be said to be a codification work, but a work in progress for the next few years. Many gaps and many problems perhaps due to the lack of international good faith. The obligation of the participating States is to take into consideration the substance and raise awareness of the importance of this work in order to be able to speak of a work far from the Vienna Convention in the coming decades but certainly of an original codification that every international convention must have.

Formation of the borders of Kazakhstan: discussions and solutions in the first twenty years of soviet power

The issues of the formation of the administrative borders of Kazakhstan with the republics of Central Asia and the RSFSR are considered within the frame of rapidly changing military and socio-political situation. Priorities in the delimitation, taking into account the size of territories, population and education status, are identified. Attention is drawn to the relationship of the national republics with the union bodies, neighboring autonomies, other territories and regions of Russia. The evolution of the delimitation process, the transformation of the boundaries and the basic criteria used in this process, the forms of demarcation and approaches to their implementation are shown. The main and additional criteria of delimitation of the borders of the subjects of the RSFSR and the USSR were determined. The continuity of the principles of administrative division in the pre-war period with the modern principles of interstate delimitation and the influence of the processes of delimitation on the evolution of international law are shown. A certain interconnection between the dynamics of administrative-territorial division, including the formation of autonomies on a national basis, which took place after the February and October revolutions, was traced, but qualitative differences between pre- and early Soviet approaches were also recorded. It is concluded that it was in the pre-war period that the main contours of the current borders of the Central Asian states were established, and the demarcation process itself played a great role in stabilizing the situation in the region.

International Legal Instruments on the Use of Outer Space in the Global Agenda for Sustainable Development

Key tracks in the evolution of international law on outer space are identifi ed and reviewed in light of the United Nations Sustainable Development Goals. It is suggested that the United Nations sustainable development agenda obliges states to consider the impact of their policies on progress towards the UN Sustainable Development Goals. Priorities for improvements in international law are defi ned, including space litter, the militarisation of outer space, and the protection of the environment of the moon and other space bodies. The probabilities of specifi c scenarios are assessed in light of the prospects for negotiating international treaties on the use of outer space. The author explains the need for innovative international legal solutions that do not impact the foundations of international law.

A radical turn in International Law and Development? Corporations, capitalist states and imperial governance

ABSTRACT This article describes how the liberal orthodoxy informing the field known as ‘Law and Development’ (L&D), as a field of knowledge, obscures contemporary imperial and neo-colonial governance practices. Through the metaphor of the disciplinary ‘picket fence’, and engagement with three nodes of tension from colonial governance reproduced today, it reveals L&D’s limited and partial production of knowledge on governance exercised by two key actors – transnational corporations and capitalist states. This article argues for a new, more explicitly critical, trajectory of research that foregrounds the corporation-nation governance nexus within a more radical International Law & Development (ILD) field of research.

Внесок Нюрнберзького трибуналу у формування норм міжнародного права щодо злочинних організацій

The article examines the contribution of the Nuremberg tribunal in the formation of modern international law on criminal organizations. The methodological basis of the study is a systematic analysis of international law on liability for international crimes, the use of comparative law, formal law and other methods, historical analysis of the origin and development of liability for international crimes, generalization of a wide range of normative and practical materials. The evolution of the responsibility of non-governmental organizations that committed international crimes in the period after the Nuremberg Trials is analyzed, in particular the trends and factors that influenced the development of the concept of international criminal responsibility. In characterizing evolution in international law, it is advisable to consider not all changes in international law, but only those that indicate qualitative improvement. The evolution of international law, like all development, is always objective. The enshrinement of the principle of international criminal responsibility in the Statute of the Nuremberg Tribunal constitutes a protective function, which is expressed in the direct application of the norms of international criminal law and international humanitarian law. The development of international law governing the jurisdiction of criminal organizations does not stop. It is noted that with the development of legal certainty of the status of non-governmental organizations, the principles set out in the decisions of the Nuremberg Tribunal on the responsibility of individuals and legal entities under public law for crimes against humanity are developing. The main trends in the development of international criminal law, including the liability of non-state legal entities under public and private law. It is determined that in the period after the Nuremberg Trials, the main direction in the legal definition of liability for war crimes was the development of norms and mechanisms of criminal liability. Criticism of Russian researchers’ views on the responsibility for international crimes of non-governmental organizations committed in other countries, who believe that non-governmental organizations in this case can not be recognized as criminal organizations. It is stated that international law does not contain a clear line between formally defined organizations - legal entities recognized as subjects of national law, and criminal groups, whose legal status can be recognized from the standpoint of the decisions of the Nuremberg tribunal. International legal norms on this issue should be devoted to identifying the criminal nature of the group and the establishment of criminal consequences for members of the criminal group. Dissemination of international legal responsibility for war crimes, crimes against humanity committed during armed conflicts of international and non-international nature, the modern concept of international humanitarian law.

Crime against the natural environment – ecocide – from the perspective of international law

Deep, human induced, environmental changes become a global danger for the whole population. A form of reaction to those dangers as well as possibility of reversing the risks can be a deeper insight into the legal instruments of environmental liability – including the criminal liability for environmental harm. While national legal systems seem to succeed in introducing instruments of criminal liability of environmental crimes, the international law seems not to follow this trend. It is even hard to specify what constitutes the environmental crime according to international law. The evolution of international law in this field has shown many and unsuccessful attempts to bring environmental crimes into the catalogues of crimes recognized by international law. The most promising fora for identification of international crimes against environment seems to be the International Criminal Court (ICC). Potential use of ICC for identification and effective realization of criminal liability of environmental damage has however its limits.

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The article is devoted to the peculiarities of the formation of the international legal order in the process of evolution of international law. The development of international law is directly determined by the specifics of civilizational development and changes that occur in the international environment under the influence of globalization and regionalization. Globalization and regionalization are manifested respectively in the processes of unification and fragmentation of international law, becoming the content of the specifics of the processes in international legal relations at the current stage. The analysis of modern international legal relations, formed as a result of the principles and norms of international law in the context of globalization and regionalization, gives grounds to identify the manifestations of localization in international legal relations as a model of fragmentation of international law. The concept of fragmentation enters the science of international law at the beginning of the XXI century. Thanks to the discourse initiated by the UN Commission on International Law and is gradually gaining paradigmatic significance. Paradigmatic transformations of the science of international law are inevitable in the conditions of intensive development of international legal relations and provide further progress of science. The starting point of this process was the rejection of the unequivocally negativism interpretation of fragmentation as the opposite of integration and unification, which contradicts globalization. Therefore, today, in addition to the widely developed general international treaty and legal unification of domestic law, its regional unification is becoming more and more developed. Regional unification is also international, but it has a regional aspect, primarily related to the level of regional interstate integration. Integration practices are reflected in the relevant international treaties, especially those governing the establishment and operation of regional international associations. These associations are the organizational and legal shell for the development of regional international legal unification processes. Regionalization of international law, as well as its fragmentation in treatyformed international regions, is associated with the level and depth of relevant regional integration, which is a priority for states, and international law provides integration processes as a necessary tool for their regulation. Fragmentation is a natural process in the evolution of international law and is seen as a factor in the creation of modern international law. The international legal order has a contractual nature and a complex multicomponent structure. The process of forming the structure of the international legal order on the basis of a complex intertwining of uneven processes of regionalization and fragmentation is not yet complete. In the doctrine of international law, the complexity of the international legal order is determined from the standpoint of the number of elements and components, as well as their number and the relationship between them and the environment in which the legal order exists. It is obvious that the current stage of civilizational development is characterized by complexity and multidimensionality, which are reflected in the practices of creating a new international legal order based on the changes taking place in international legal relations. Therefore, fragmentation as a factor in the development of international legal relations becomes a factor in the formation of modern international legal order and determines its features.

Legal pluralism across the global South: colonial origins and contemporary consequences

This essay conveys past and present legally plural situations across the Global South, highlighting critical issues. It provide readers a deep sense of legal pluralism and an appreciation of its complexity and the consequences that follow. A brief overview of colonization sets the stage, followed by an extended discussion of colonial indirect rule, which formed the basis for political and legal pluralism. Thereafter, I discuss in order, the transformation-invention of customary law, socially embedded village courts, the enhancement of the power of traditional elites, uncertainty and conflict over land, clashes between customary and religious law and women’s right and human rights, the recent turn to non-state law by development agencies, and the entrenched structure of legal pluralism. Notwithstanding innumerable variations and changes across locations and over time, the essay shows that legal pluralism across the Global South constitutes a distinct, enduring social-historical formation with shared structural features that must be understood on its own terms. The essay is written for scholars, government officials, international development agencies, and law and development theorists and practitioners interested in law in postcolonial societies.

Accelerating Women’s Empowerment Through Legal Empowerment and Social Accountability Strategies

ABSTRACT While legal empowerment (LE) and social accountability (SA) strategies have evolved separately, they share common aims and overriding principles. Both promote human rights and social justice and provide knowledge and skills to individuals and communities to act and seek solutions to problems through grassroots education, mobilisation and empowerment. Further, they help strengthen participatory decision-making and power-sharing between poor and marginalised communities and state authorities. This article reviews the International Development Law Organization’s (IDLO’s) approach in integrating LE and SA strategies for HIV prevention programming among adolescent girls and young women and its promising potential for women’s empowerment.

Reparations for Human Rights Violations (Encyclopedia Entry)

This paper focuses on reparations for human rights violations claimed by individuals under international law. It discusses the purposes of reparation by providing a brief overview of its evolution in international law; explores a concept, features, forms of reparation, and its legal framework. The paper concludes by flagging and analysing some of the current debates and unsettled issues in international law with regard to reparations for human rights violations.

Questions on Theory of Law in International Human Rights Law

The objective of this paper is to examine some specific question on the theory of law in international human rights law. International human rights law has played an important role in the evolution of International law. There are different ways of approaching and understanding International law, different schools and certain central theoretical questions. This paper tackles theoretical questions within international law in the light of International law of human rights, such as the questions of hierarchy, unity, coherence, structure, time, power, justice and legitimacy. Furthermore, analyse theoretical horizons, like the question evolution/revolution, progression/regression, justiciability, sustainability and efficacity.

ENGAGING WITH INTERNATIONAL LAW

AbstractThis article considers the positive evolution of international law in the past century, and the emergence of a rules-based multilateral system under the UN Charter, which has, inter alia, enabled formerly colonised peoples to exercise their right to self-determination and prohibited the use of force in international relations. The author reaffirms his faith in the ability of international law to provide a common language for the international community to face successfully common challenges, such as poverty, global warming, and the protection of privacy rights in the era of social media and artificial intelligence. Looking beyond traditional beneficiaries and duty-bearers of international obligations, the author makes a case for all actors to engage in respecting, upholding and promoting international law.

The art of aiming at a moving target: A critique of Lechner and Frost’s Practice Theory and International Relations

Abstract:How can we account for the normative dimension of international practices? Silviya Lechner and Mervyn Frost’s Practice Theory and International Relations answers this question by proposing, with a considerable degree of epistemological sophistication, what the authors call ‘normative descriptivism’, which they combine with a focus on ‘macro practices’. In this contribution, I start by examining the authors’ engagement with IR’s practice turn, and the insights this engagement may offer on the underlying objective of their approach. I then turn to Lechner and Frost’s decision to eclipse history. The contribution concludes by using the evolution of international law as a cursory illustration of the types of analyses Lechner and Frost’s approach would lead to. It thereby emphasises potential challenges inherent in the authors’ combination of internalism as rooted in individual self-consciousness and a focus on ‘macro practices’, including the possibility that it might limit the potential to critically question the standard that becomes identified as universal.