International Law Experts Research Articles

“Humanitarian Intervention” Concept in Crises Conditions Facing the International Community: Principles, Objective, Achievements

The humanitarian intervention concept has undergone great changes last decades, especially with disappearance of the “classical” East-West confrontation which prevents this concept implementation in practice in the pressing need context to ensure minimum functioning of the rule of law main institutions. This tendency is dictated by several factors, not only the legal nature but largely psychological, sociological and ultimately humanistic. Experts in international human rights law have noted and continue to emphasize that international law is reoriented to the natural person interest, often to the detriment of the states interests thereby influencing the very institution of international law subjects. However, the legal argumentation of the humanitarian intervention is closely related to the system functionality interpretation of international law principles, the topic that is traditionally debated between the adherents of classical “state sovereignty” and human rights concept in one form or another supranational.

Peran Panel dan Appellate Body dalam Penyelesaian Sengketa di WTO

The aim of the research is to determine the role of panels and the Appellate Body in resolving disputes at the WTO. The research method used in this paper is a research method with a normative juridical approach with descriptive-analytical research specifications. The dispute resolution mechanism in the WTO involves five main stages. The first stage is consultation, where the disputing countries try to resolve the problem directly. The second stage includes settlement efforts through good services, conciliation and mediation. The third stage is the establishment of a panel, where independent experts examine the dispute and prepare a report. The fourth stage is the appeals process, where the appeals body reviews the panel's decision if there is an appeal. The final stage is the implementation of the decisions and recommendations issued. The panel is formed within approximately 90 days of the application, consisting of independent experts selected by the DSB. The panel works based on the Terms of Reference (ToR) which regulate the procedures for resolving disputes and is tasked with carrying out an objective assessment of the problems faced, assisting the DSB in making recommendations. If consultations fail, the aggrieved country can request the formation of a panel from the Dispute Settlement Body (DSB). If the panel fails to reach a solution, they must submit a written report to the DSB. This process ensures dispute resolution within a certain time period to ensure legal certainty. In addition, there is an appeal mechanism through the Appellate Body which consists of seven international trade law experts. The appeal process must be completed within 90 days, and the Appellate Body report is final and must be adopted by the DSB.

Civil Society and International Accountability

Abstract The role of Civil Society Organizations (CSOs) in pursuing accountability for atrocity crimes through international law is more diverse than ever before, and the breadth of CSO activities and the modalities of their engagement with international justice institutions has been overlooked in the scholarship to date. This article explores various CSO approaches to advancing accountability, including at the International Court of Justice (ICJ), International Criminal Court (ICC), investigative mechanisms (for Syria, Myanmar, and Iraq), and selected United Nations treaty bodies and regional human rights courts. Civil society actors take on many roles, including as advocates, documenters, analysts, victims’ representatives, and international law experts. While often described as indispensable to international justice efforts, the relationship between civil society and formal justice mechanisms remains novel and can feel incongruous with traditional and ostensibly independent and impartial legal processes. This is evolving as CSOs enter traditional international justice spaces in diverse ways. This article provides a framework to understand the modalities of CSO engagement with international legal processes, as well as critical challenges.

Ocean governance in practice: A study of the application of marine science and technology research techniques to maritime law enforcement in Taiwan

The research looks into the relationship between technology, international law, and marine policy in Taiwan, specifically looking at how these three factors interact to influence the way the maritime environment is monitored, understood, and regulated. The research explores how cutting-edge innovation has improved sustainable marine resource management by reshaping data collecting, analysis, and decision-making via a comprehensive literature review and case studies focused on Taiwan. The impact of international law, and UNCLOS in particular, on the standards and technologies used in marine resource management is a significant topic covered in the paper. Q&A sessions with experts in maritime policy, technology, and international law provide a qualitative analysis of the current state of marine affairs in Taiwan. The research shows that technology has revolutionized the way Taiwan oversees and monitors its marine environment. More effective and cooperative ocean governance has resulted from the rise of evidence-based decision-making made possible by technological advancements. An example of the regulatory impact of international law is UNCLOS, which sets standards for the sustainable management of marine resources and directs the use of technology. In spite of geopolitical obstacles, Taiwan is well-positioned for successful marine conservation and sustainable resource use thanks to its all-encompassing approach, which is based on continuing conversations and partnerships and is in line with worldwide technological advances and changing regulatory frameworks. This study highlights the interconnected nature of technology, international law, and marine policy, and how these factors influence Taiwan's strategy for preserving marine resources for the future.

Eksistensi ASEAN sebagai Organisasi Regional pada Aspek Sosial Budaya Melalui Program Student Mobility

The study of international relations originated in Great Britain precisely in the early 20th century in Wales, when a group of experts in philosophy and international law in Great Britain agreed on the need to study relations between nations. At first, international relations focused more on the study of war and peace in nation-state relations. However, beginning in the 1970s and 1980s the study of international relations expanded to a wider range of studies. International relations develop on non-political issues, such as economics, security, law, culture, technology, and so on. Any perspective in an approach that views international relations as not only state-oriented would say that other entities such as International Organizations also have an important role. One of the International Organizations at the Regional Level is The Association of Southeast Asian Nations (ASEAN). ASEAN has 3 pillars, namely Political-Security, Economic and Socio-Cultural.2 International Relations are inseparable from globalization. Globalization encourages countries indirectly to cooperate with each other in order to meet their national interests and respond to the phenomena that exist along with globalization. One form of cooperation is international cooperation. International organizations have several forms, one of which is in the Regional scope. ASEAN as one of the Regional Organizations collaborates in the field of Socio-Culture through the Student Mobility program.

International Law Regulation of Environmental Security in Disarmament Treaties

INTRODUCTION. Currently, one of the urgent issues on the agenda is environmental protection. In the 80s 20th Century, due to the sharp degradation of the environment, the world community raised the issue of developing a concept of environmental safety. It has been integrated into the comprehensive system of international security as one of the constituent elements that is becoming increasingly important.The absence of lasting peace, the spread of armed conflicts, and the accumulation of weapons, including nuclear weapons, are of concern to the international community. Therefore, an important task in improving the system of international legal regulation of environmental protection is to improve its contractual basis.MATERIALS AND METHODS. This study uses the works of both domestic and foreign experts in international law and analyzes international legal documents on disarmament. In the course of the study, general scientific methods of cognition were used, which made it possible to systematically and logically study the subject of research in interrelation, interdependence and interdependence (comparative legal, formal legal methods, analysis, synthesis, induction, deduction).THE RESULTS OF THE STUDY. Within the framework of this article, the author analyzed the problem of international legal environmental protection in relation to disarmament and made proposals for their solution and further development of international legal regulation.JUDGMENTS AND CONCLUSIONS. According to the results of the study, it was found that treaties adopted in international law to ensure international security contribute not only to the maintenance of peace, but also to environmental safety, which over the past 30 years has become included in most international legal documents.

Perlindungan Hukum Terhadap Warga Negara Asing dalam Perspektif Hukum Internasional

Residents of a country are citizens and non-citizens. People who are not citizens are called foreigners. The determination of whether a resident is a citizen or not is regulated by the national laws of each country. National laws determine who is a citizen. country. Regardless of his status as a citizen or foreigner, he is a subject of international law, has rights and obligations based on international law in a limited sense. In this limited sense, in contrast to the definition of states as subjects of international law in the full sense, when considering the issue of international legal protection of foreigners, an academic approach to the theory and practice of international courts is used. A foreigner has the right to equal protection under the laws of the country in which he resides reside and are also entitled to certain rights to opportunities for a decent life, as regulated in Article 9 of the Montevideo Convention of 1933 which reads: "Citizens and foreigners are equally protected by law and neither national authorities nor foreigners can claim rights other than or higher than the rights of citizens. Based on the opinions of international law experts, we will know the legal principles and theories relating to the position of individuals as subjects of international law. The principle of citizenship is the main basis for implementing the principles of state authority and responsibility towards citizens and foreigners

International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community

The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts regarding this distinction vary. There is also a middle ground view that states every dispute has its own political and legal aspects. The development of peaceful dispute resolution has been taking place since the Hague Peace Conferences of 1899 and 1907. During these conferences, rules for peaceful dispute resolution between nations were established. International law also regulates the obligations of states to settle disputes peacefully, as stated in the UN Charter. Technological advancements and the existence of official rules from the UN have strengthened the presence of international law in maintaining international peace and security. The obligation of states to settle disputes peacefully and refrain from the use of force is a recognized principle in international law.

International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community

The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts regarding this distinction vary. There is also a middle ground view that states every dispute has its own political and legal aspects. The development of peaceful dispute resolution has been taking place since the Hague Peace Conferences of 1899 and 1907. During these conferences, rules for peaceful dispute resolution between nations were established. International law also regulates the obligations of states to settle disputes peacefully, as stated in the UN Charter. Technological advancements and the existence of official rules from the UN have strengthened the presence of international law in maintaining international peace and security. The obligation of states to settle disputes peacefully and refrain from the use of force is a recognized principle in international law.

Use of Computer Codes as Weapons during Armed Conflict in Cyber Warfare

The practice of cyber operations carried out using internet technology and computer programs is increasingly happening, raising questions about international regulations governing this legal event. Attacks carried out using a malicous computer program are considered a new way of conducting war by several international humanitarian law experts. If computer programs and the internet are used as tools by carrying out attacks on war targets, it can be said that these computer and internet programs are weapons. This legal incident raises questions among international humanitarian law experts about the legality of the method of using computer programs and the internet during armed conflict. This scientific article was conducted with the aim of exploring the concept of cyber weapons and the extent to which computer and internet programs can be categorized as weapons based on the perspective of International Humanitarian Law.

Funkcjonowanie izb morskich w pierwszych latach Polski Ludowej

Tasks of maritime courts included taking evidence from a sea accident and its proper appraisal, taking account of all the facts and causes of the event. The communist authorities, the Ministry of Navigation and maritime offices in particular, used the information obtained from the proceedings or the trial as the basis for new ordinances or legislative acts designed to prevent further accidents at sea. It could beinferred from the decisions of maritime courts whether in order to increase securityin sea navigation, more emphasis was to be placed on increasing the qualificationsof the crew and maritime pilots, increasing the number of seamen filling specificposts on merchant vessels, removing the defectiveness of ancillary equipment in maritime navigation, or improving the design of merchant vessels. The application of a disciplinary sanction – i.e. depriving the ship's captain or his assistant of the right to practice their profession on the grounds that they did not have the necessary qualifications or by gross negligence – no doubt favoured positive outcomes in terms of reducing the detrimental effect of incidents leading to sea accidents. The growing use of machinery on ships and the increasing capacity of power generators, along with the steady development of maritime navigation and transport in the perilous post-war reality, contributed to reactivation of maritime courts in 1947 based on the interwar regulations. Procedural problems inherent in the operation of those bodies in the first years of Polish People's Republic are illustrated by the fact that the issued rulings were of varying quality, which clearly showed a dearth of experienced staff and experts in Polish and international maritime law. Contemporary scholars are mainly discussing the statutory instruments enacted by the socialist legislator in 1961, which makes it worthwhile to explore the earlier period using the historicallegal and the comparative method.

Failing Forward

Abstract Despite the pandemic’s widespread and transnational impact on human rights, both solidarity and human rights have been side-lined in key intergovernmental discussions on global health law reform to date, while conversations about the development of international human rights law seldom consider global health law’s import to the field. This article argues that in spite of states’ apparent reluctance to reconcile and harmonise global health law and international human rights law for fairer and more effective public health emergency preparedness and response, international law experts and practitioners are well-placed to indirectly influence normative development in this direction, drawing on their past successes in clarifying and elaborating upon informal international legal standards. Merging strengths from existing legal frameworks of global health law and international human rights law, such expert standard setting efforts can help reimagine a “progressively harmonised” framework of legal regimes for public health emergency preparedness and response.

No Remedy to Cholera in Haiti: How the UN Undermines Human Rights

Abstract UN Peacekeepers stationed on the banks of Haiti’s largest river, the Artibonite, unleashed a cholera epidemic upon the country ten years ago, but the almost one million people affected still have not seen justice. This, despite the mobilization of grassroots organizations, human rights professionals, students, journalists and independent experts in international human rights law. This article aims to articulate rights violations in the Haiti cholera case, discuss the lack of accountability, and analyse efforts by advocates to overcome obstacles to justice through a multi-faceted intervention involving the UN Special Procedures system. Human rights-based approaches to UN accountability coupled with analyses of the UN’s organizational immunity foreground the continued lack of remedy for the victims of cholera, which is a violation of their human rights attributable to the UN. In conducting public advocacy and investigating the issue of UN responsibility for cholera in Haiti, UN Special Rapporteurs like Philip Alston also relied on a human-rights based approach that built some public pressure for accountability. While advocates continue to push for accountability after a 10-year epidemic, and accountability is possible, the as-yet unsatisfactory resolution to the Haiti cholera case points to a need for UN reform to create more local, democratic structures of governance that are responsive to human rights obligations, in the face of considerable political, economic and social forces in Haiti and internationally that weigh against accountability.

Региональное сотрудничество в области безопасности полетов: международно-правовые вопросы

INTRODUCTION.Based on the analysis of documents and practice of numerous regional international organizations and other present-day forms of regional interstate cooperation in the area of aviation safety and aircraft accident investigation the article examines different international legal issues arising out of such cooperation, including, in particular, the legal nature, powers and membership of these regional international organizations.MATERIALS AND METHODS.The present research has been conducted on the basis of international air law treaties, constituent instruments and decisions of various regional international organizations, the ICAO documents, as well as the works of Russian and foreign international law experts. The methodology of the research is based upon general scientific and special methods, including dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal method.RESEARCH RESULTS.On the basis of his research the author has been able to identify and classify all presentday forms of regional interstate cooperation in the area of aviation safety and aircraft accident investigation, define the legal nature of such forms, examine theoretical and practical international legal issues relating thereto as well as propose recommendations aimed at resolving these issues.DISCUSSION AND CONCLUSIONS.The advantages and the important role of regional cooperation of States in the area of aviation safety oversight and aircraft accident investigation are underlined in the article. However, despite the importance of such cooperation for enhancement of aviation safety, currently its development depends upon the successful resolution of the following problems: – improvement of international legal framework (e.g., international treaties, decisions of international organizations etc.), which governs establishment and functioning of aviation safety oversight and aircraft accident investigation regional international organizations and bodies, in particular, with the aim to expand their powers to perform more complex and important functions in the area of aviation safety oversight and accident investigation for their Member States (e.g., certification of aeronautical products and other civil aviation facilities, conducting full accident investigation etc.); – ensuring more sustainable funding for aviation safety oversight and aircraft accident investigation regional international organizations and bodies; – training of bigger number of aviation professionals performing inspectorial functions in the area of aviation safety oversight as well as aircraft accident and incident investigation functions; – limitation of cases of simultaneous membership of the same States in several aviation safety oversight and aircraft accident investigation regional international organizations. Resolving the problems mentioned above, in particular, on the basis of recommendations proposed in this article, will allow to increase the efficiency and attractiveness of different forms of regional cooperation in the area of aviation safety oversight and aircraft accident investigation for bigger number of States, as well as help to improve regional cooperation of the Russian Federation within the framework of the Eurasian Economic Union and the Commonwealth of Independent States in this area.

The role of international courts’ decisions in the system of sources of international financial law

The paper deals with the analysis of the legal nature of international courts’ decisions and their impact on the international financial legal order. The author claims that decisions of international courts, creating no new international legal financial norms, act as an additional source of international financial law, having no autonomy, and in combination with other sources of international law, performs the following functions: 1) regulatory-prescriptive (via opinio juris of existing traditions in interstate practice in the financial sphere transforming them into international customary law); 2) regulatory-affirming (confirming the legal nature of the international agreement between the subjects of international financial legal relations which caused a disputable situation). The judicial practice on financial issues and specificity of functioning of such judicial institutions as the Permanent Court of International Justice, the International Court of Justice, the CIS Economic Court, the Court of Justice of the European Union, the Court of Justice of the Central African Economic and Monetary Community, etc. are examined. The features of the provisions of international agreements on financial issues regarding the procedure for resolving disputes between the parties of the agreement about its implementation are analyzed. The paper explores particularities of the origin and development of the idea of the creation of an international financial court. Amid modern processes of the rapid growth of the amount of cross-border financial flows in the context of globalization, which is the consequence of the implementation of numerous international financial agreements, the idea of creation of an international financial court, which was first suggested in 1935, due to the complexity of legal nature of interstate financial disputes, is an objective necessity. The following features intrinsic to decisions of international courts (including decisions on financial issues) have been identified: 1) locality (binding only on the parties involved in the case, and only in the current case); 2) situatedness and unprompted appearance; 3) impartiality (due to the judges’ lack of political interest); 4) authority (international courts include generally recognized experts in international law).

Paris Agreement on Climate Change: A Legal And Political Issue

This paper presents a critical review of the Paris Agreement on Climate Change in the light of legal and political aspects. There is also an analysis of the effects of the Paris Agreement, as an important international agreement in the context of international legal regulation of the consequences of climate change and the obligations of states, and the new socio-political relations they establish. The paper also contains an overview of reactions to the ParisAgreement by analysts and experts in international climate law. The well-known fact that climate change affects human rights and how a country can be held responsible for the international consequences of climate change resulting from activities under that country jurisdiction has been re-examined. It has also been shown that human rights are a common denominator in the approach to climate change and the legal solutions that apply to it. In the end, the paper presents the impact of international law on the responsibility of states to cooperate in devising adequate international action, in relation to the current environmental crisis, caused by climate change.

The principle of equal rights and self-determination of peoples within the system of the fundamental principles of international law

The subject of this research is the place and role of the principle of equal rights and self-determination of peoples within the system of the fundamental principles of international law. Analysis is conducted  on the basic questions of the theory of international law – correlation between the principle of self-determination with other peremptory norms (jus cogens) and moral-ethical categories. Special attention is given to the problem of building a hierarchy of the fundamental principles of international law. A bias towards one of them leads to the disruption of the international system and order, and any attempts to extract a single link out of closely related principles of the international law are doomed to fail. The conclusion is drawn that multiple experts in international law try to build the system by extracting key link, which raises serious doubts. The author believes that all the principles of international law are interrelated and equal. The emerged at the turn of the XX – XXI centuries international legal concept of the “Responsibility to Protect” is of crucial importance. The concept interacts with the principle of respect for the human rights. The author concludes that universalization of human rights at the current stage of development of the international law can reveal the new aspects of the problems of state sovereignty and the right to self-determination. The author warns against the attempts to universalize human rights by giving priority, along with other principles. The author follows the logic of correlation of the principle of self-determination with other fundamental principles of international law such as: nonintervention in the internal affairs and non-use of force or threat of force, sovereignty, peaceful settlement of disputes by all means known to international law, cooperation between states and diligent discharge of obligations in accordance with the international law underlie the solution to the problem of self-determination; if various aspects of this problem extend beyond a single state, then acquire international scale.

The subsidiary rule-making processes in international air law: current issues of theory and practice

INTRODUCTION.Within the context of the theory of ‘the concordance of the wills of States’ developed in the Russian doctrine of international law and on the basis of the contemporary practice of States and international aviation organizations (in particular, International Civil Aviation Organization (ICAO)) the author examines the subsidiary rule-making processes in international air law as the integral part of the whole rule-making process of this branch of international law.MATERIALS AND METHODS.The present research has been conducted on the basis of international air law treaties, the resolutions and documents of ICAO, as well as the works of Russian and foreign international law experts. The methodology of the research is based upon general scientific and special methods, including dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal method.RESEARCH RESULTS.On the basis of his research the author has been able to achieve the following results: (1) detailed and precise classification of all acts, decisions and documents (including, in particular, numerous ICAO documents) concerning the activities of international civil aviation and adopted or approved within the framework of the subsidiary rule-making processes in international air law; (2) defining the practical importance of these subsidiary rule-making processes within the context of the whole rule-making process of international air law; (3) discovering current problems of the rule-making process in international air law and proposing possible ways of its improvements in view of the interests of the Russian Federation and international aviation community as a whole.DISCUSSION AND CONCLUSIONS.After examination of the subsidiary rule-making processes currently existing in the international air law it can be concluded that these processes are rather dynamic and well take into account the contemporary development of global aviation and the interests of different States. At the same time, the recent trends within ICAO and other international aviation organizations towards simplification and acceleration of such rule-making processes by way of shifting many substantial provisions from mandatory into non-mandatory acts and documents or through limitation of the States’ participation in these processes can negatively affect the States’ interests, impede the achievement of universal uniformity in regulations, standards and procedures and, eventually, even jeopardize the global aviation safety.

The Sources of International Air Law: Current Issues of Theory and Practice

INTRODUCTION.Within the context of the theory of ‘the concordance of the wills of States’ developed in the Russian doctrine of international law and on the basis of the contemporary practice of States and international aviation organizations (in particular, International Civil Aviation Organization (ICAO)) the author examines the process of rule-making and the sources of international air law.MATERIALS AND METHODS.The present research has been conducted on the basis of international air law treaties, the ICAO documents, as well as the works of Russian and foreign international law experts. The methodology of the research is based upon general scientific and special methods, including dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal method.RESEARCH RESULTS.On the basis of his research the author has been able to identify and systematize the present-day sources of international air law, i.e. the forms, in which the norms of this branch of interna- tional law exist. Theoretical and practical problems relating to the development and implementation of these sources of international air law have been examined.DISCUSSION AND CONCLUSIONS.On the basis of the theory of ‘the concordance of the wills of States’ developed in the Russian doctrine of international law and the contemporary practice of States and international aviation organizations the following sources of international air law have been identified: (i) international treaties; (ii) international customs; (iii) ICAO international standards; (iv) Technical Instructions for the Safe Transport of Dangerous Goods by Air. Each of these sources of international air law has been examined in detail both from the point of view of the rulemaking process and within the context of its role played in regulation of cooperation between States in the area of international civil aviation. In particular, the author shows the specific role in international air law of such traditional sources as international treaties and international customs. As for the international standards and the Technical Instructions for the Safe Transport of Dangerous Goods by Air, they are described as special complex forms of creation of norms of international air law emerged as a result of rapid development of civil aviation in the second half of the 20th century and its transformation into the global passengers and cargo transportation network. Overall examination of the currently existing rule-making processes and sources of the international air law demonstrates that they are rather dynamic and well take into account the contemporary development of global aviation and the interests of different States.

Functionalism According to Paul Reuter: Playing a Lone Hand

Abstract The true designer of the High Authority of the European Coal and Steel Community (ECSC) might have been a French professor of international law, Paul Reuter (1911–1990). Then working in the shadow of Jean Monnet, he became one of the leading experts in public international law in France from the late 1950s on and also served on the International Law Commission. It was not his style to develop a fully-fledged theory of functionalism, but he paid the utmost attention to the ‘functions’ of international organizations. While demonstrating a certain reluctance towards some consequences associated with functionalism, he expressed no disdain for a lite version of ‘constitutionalism’. Discretely, Reuter outlined a balancing between ‘functionalism’ and ‘constitutionalism’. He more insistently elaborated on the respective role of experts and policy-makers.