Framework Of International Law Research Articles

Reflections on the settlement of fisheries disputes between the EU-UK in the post-Brexit era: Lessons for China’s fishery enforcement disputes settlement

The Trade and Cooperation Agreement sets out in details the mechanism for resolving fisheries disputes between the EU and the UK. It consists of the following core components: the mechanism for the settlement of fisheries disputes arising from access to waters, the mechanism for the settlement of fisheries disputes arising from failure to fulfill fisheries obligations, the Specialised Committee on Fisheries as a platform for consultation, and the Arbitration Tribunal for Disputes. Although it has assisted both parties to resolve fisheries disputes peacefully within the framework of international law, the implementation of the mechanism still faces a number of challenges. At present, China is facing long-term and complex fishery enforcement disputes with neighboring countries. Although China has signed bilateral fishery cooperation agreements with several countries, the establishment of an effective fishery enforcement settlement mechanism on fisheries remains unresovled. This paper on the EU-UK fishery dispute mechanism aims to provide some experience and lessons for China to resolve fishery enforcement disputes with neighboring countries more effectively. This paper is mainly divided into three parts, the first part is mainly about the overview of the EU-UK fishery dispute mechanism, the second part is the dilemma of China's fishery enforcement dispute settlement, and the third part is the lessons from the EU-UK fishery dispute mechanism.

Artificial Intelligence and International Law: The Impact of Emerging Technologies on the Global Legal System

With the rapid development of artificial intelligence technology, its impact on international law is becoming increasingly significant. This paper explores the application of AI in international relations and the challenges it poses to existing legal systems, analyzing AI regulation within the current international law framework and the exploration of emerging international legal norms. Through specific cases, the paper elaborates on legal issues in the fields of intelligent weapons, cybersecurity, and data protection, emphasizing the importance of international cooperation and global governance mechanisms in addressing these challenges. Finally, the paper looks forward to future trends in AI technology and international law’s response strategies, proposing the necessity of constructing effective legal frameworks and ethical guidelines to promote the sustainable development of AI technology and the healthy development of the global legal system.

International Legal Framework for the Creation, Use and Conservation of Bioresource Collections

This article presents a detailed analysis of global and regional regulation related to the creation, use, research and conservation of biological (bioresource) collections and discusses the main trends in its development. Key approaches to the regulation of activities in the field of biological (bioresource) collections based on an analysis of acts of the European Union (EU), Organization for Economic Cooperation and Development (OECD), Commonwealth of Independent States (CIS), Eurasian Economic Union (EAEU) are identified. While there are no international treaties that deal directly with biological (bioresource) collections at the global level, various agreements in force cover important regulatory aspects concerning the creation, use, research and conservation of biological (bioresource) collections. These aspects include (1) providing access to genetic resources; (2) technology transfer and rights over such resources and technologies; (3) financial aspects; (4) standards for the conservation of genetic resources. The corresponding international treaties concluded at global and regional levels imply both integrated and sectoral approaches to the regulation of biological (bioresource) collections (e.g., international treaties regarding crop genetic resources). The conclusion highlights the need to take into account the approaches elaborated within the framework of international and regional integration law in order to improve the relevant legal regulation in the Russian Federation.

Between Politics and Justice: International Criminal Law in Hungary

Abstract Hungary has had an intense engagement with international criminal justice. During communism and democracy alike, the normative framework and language of international criminal law was used to delegitimise the political opponent. This article aims to describe the way international criminal law was repeatedly instrumentalized to not simply serve as a genuine tool for justice but also as a potent political pawn through presenting the use of international criminal law in four different time periods: (1) during the post-World War ii war crimes trials at the People’s Tribunals; (2) the adoption of universal jurisdiction during the communist era as a tool of Cold War status competition; (3) in the 1990s, as an instrument of transitional justice; and finally, (4) in the post-2010s, as a tool for memory politics and anti-migration propaganda.

The state's responsibility to localize the personal data of its citizens within the framework of international human rights law

اتجهت الدول نحو قوانين التوطين لحماية البيانات الرقمية لمواطنيها، لمواكبة التطور التكنلوجي والسيطرة على اثاره ، الامر الذي يلقي على عاتق الدولة مسؤولية قانونية بموجب القانون الدولي لحقوق الانسان للموازنة بين سلطاتها وبين حقوق رعاياها وحرياتهم من جهة، وبين توفير البنى التكنلوجية التي تضمن حماية تلك البيانات داخل حدود الدولة وحماية اصحابها.

Reparation of Civil Aerial Accidents Under International Air Law: A Case Study of the 2020 Ukrainian Plane Incident in Iran

International Air Law, encompassing both national and international legal norms, plays a critical role in defining state sovereignty in airspace and ensuring the safety of passenger aircraft. This paper highlighted the evolution of airspace law, emphasizing key treaties and conventions such as the Chicago and Montreal Conventions, which have shaped the legal landscape of modern aviation. It thoroughly examined the role of Aviation Law in addressing contemporary challenges, with a focus on the downing of Ukraine International Airlines Flight PS752 in Iran on January 8, 2020. This incident, a non-warfare act of force, presented a complex legal challenge and led to recent legal controversies. It examined precedents from international and domestic court decisions and directives of relevant organizations, contributing to a modern legal framework. Key discussions included the implications of human error in aviation incidents, particularly in terms of criminal liability and financial compensation. The paper made efforts to evaluate such situations within the framework of international air law, advocating for continuous legal adaptation to safeguard global civil aviation. This study particularly suggests the possible resolutions for aerial accidents, specifically those caused by human error.

Identifying Problems of International Investment Law (IIL) and Evaluating the Focus of Reform Initiatives

The normative structure of international investment law is highly asymmetrical. Generally, current IIAs grant investors significant substantive and procedural rights, while States and affected communities often lack equivalent safeguard. In recent years, scholars have critcised and identified many problems including human rights concerns ingrained in the international investment law framework. The States and other stakeholders also raised many concerns regarding international investment agreements and investor-State dispute settlement. Moreover, there’s agreement on the need for comprehensive reform of IIL to make ISDS effective. Yet, issues with ISDS go beyond systemic flaws, also entrenched in substantive deficiencies in existing IIAs. Furthermore, the current legitimacy crisis provides a unique chance to amend the international IIAs comprehensively. However, the WGIII and ICSID reform initiative primarily focuses on procedural aspects of ISDS, avoiding substantive issues raised by various stakeholders. While procedural reforms are essential, resolving substantive issues is equally necessary.

Conceptual Difficulties in the Transformation of Human Rights to the Realm of Artificial Intelligence

Artificial intelligence has been seeping into various fields of international law for some time, affecting fields such as international humanitarian law – especially regarding the legality of autonomous weapon systems, but also intellectual property law and the legal profession as a whole. A conflicting zone encompassing many subfields is human rights, where an already sensitive subject that is open to debates and interpretation is met with rough questions. For instance, should and could human rights norms be transferred into pre-programmed entities? What relevance can human rights have to a non-human being that has been created, programmed and assembled by humans? Vast regional differences exist between the European, African and Inter-American systems with a lack of coherent structure in the Asia-Pacific region. Our understanding of human rights has also developed substantially over the decades, especially regarding norms on slavery, free speech, the prohibition of discrimination and the rights of women, of disabled persons and indigenous peoples to name a few examples. Furthermore, a vast array of international documents on human rights are political manifestos utilising expressions such as “respecting” and “ensuring” human rights as obligations for members of the international community. Since these provisions deliberately leave a lot of room for interpretation, it seems almost an impossible task to translate them to “binary code”, to a format that is digestible for an artificial entity. The article aims to answer these questions by analysing the abovementioned line of thought and combining it with various attempts at international regulation by states, international organisations as well as non-governmental organisations and think-tanks. The fundamental focus of this paper is to ascertain whether human rights and AI can be made compatible under the current framework of international law at today’s level of development.

Redefining International Law Paradigms: Charting Cybersecurity, Trade, and Investment Trajectories within Global Legal Boundaries

Abstract This paper critically examines the evolving intersections of cybersecurity, trade, and investment within the framework of international law, thereby seeking to redefine its normative paradigms. The article adopts a multidisciplinary approach, integrating legal theory, international relations, and cyber law to analyze how digital security issues intersect with global economic transactions. Utilizing doctrinal legal analysis, the article delves into international treaties, case law, and policy documents, while a comparative method highlights variances and similarities across jurisdictions. The article identifies significant gaps in existing international legal frameworks that are ill-equipped to address the complexities and nuances of the digital age. It advocates for comprehensive legal reforms, encompassing cyber warfare, digital trade, and cross-border investments. The objective is to align international law with the digital era’s realities, effectively balancing national security, economic growth, and individual rights in a globally interconnected environment. This article not only uncovers critical shortcomings in current legal structures but also proposes forward-looking legal strategies, essential for tackling emerging challenges at the cybersecurity, trade, and investment nexus. These strategies chart a course towards a more resilient and adaptive international legal system, equipped to address the multifaceted issues arising from the digital era’s convergence.

Environmental Damage in Ukraine as Environmental War Crime under the Rome Statute

Abstract The Russian invasion of Ukraine has caused irreparable damage to the natural environment. Despite being a topic of wide discussion, an analysis of whether the attacks causing such damage can be tried at the International Criminal Court (ICC) as an environmental war crime (EWC) under Article 8(2)(b)(iv) of the Rome Statute remained grossly inadequate. Even after the Kakhovka Dam destruction in June 2023, the most significant incident of environmental damage since the war started, no comprehensive analysis of the incident from an EWC perspective was made. The present article fills this void and thoroughly analyses whether the dam breach can qualify as an EWC under Article 8(2)(b)(iv), the most ecocentric provision in the entire international criminal law (ICL) framework. After providing an overview of the environmental damage caused and a synopsis of the EWC, this article applies the EWC provision to the incident and discusses the prospects and the challenges of characterizing it as an EWC. This article suggests that Russia’s intentional attack on the dam can be a potential case of EWC under Article 8(2)(b)(iv) as it caused ‘widespread, long-term and severe’ environmental damage in contrast to little military advantage — which was arguably known to Russia. At the same time, however, the article identifies some challenges that the ICC Prosecutor may face in proving the case, like determining the ‘attack’ question, satisfying the ‘long-term’ damage criterion, and establishing the mental elements, particularly the ‘knowledge’ element. It also briefly discusses the broader implications of the assessment and the identified challenges. The article concludes that the challenges can be surmounted and, in any case, bringing such a charge will offer the ICC an avenue to clarify the existing uncertainties surrounding Article 8(2)(b)(iv), which will ensure legal certainty and help ensuring environmental justice through the ICL regime in future.

Safeguarding Heritage: Preserving Traditional Knowledge in Global Patent Law

The present study investigates the defensive safeguarding of traditional knowledge within the framework of international patent law. The chosen research methodology is evaluative, employing secondary data sources. The primary emphasis of this study is on primary and secondary legal materials. The process of data analysis involves the utilisation of qualitative juridical analysis techniques. The findings suggest that traditional knowledge has distinct attributes intricately linked to traditional communal elements and spans diverse areas of human existence. The safeguarding of traditional knowledge is paramount to uphold principles of fairness, environmental preservation, cultural heritage, prevention of misappropriation, and the advancement of sustainable utilisation. In international patent law, there is a notable incongruity between traditional knowledge and patent systems that prioritise human ingenuity and originality. The efficacy of patent systems in protecting traditional information is limited by the inherent characteristics of traditional knowledge, which is often collective and transmitted orally. The safeguarding of traditional knowledge necessitates a harmonious integration of both legal and practical dimensions. These endeavours encompass the acknowledgement of pre-existing knowledge and inventions, the creation of organisations to oversee safeguarding, and the implementation of pragmatic strategies to guarantee availability and equitable utilisation. The ability to patent novel discoveries derived from traditional knowledge is possible; nevertheless, conflicts often occur due to disparities between patent regimes and the inherent characteristics of traditional knowledge. In the present situation, it is imperative to adopt a comprehensive and equitable strategy to safeguard traditional knowledge’s long-term viability within the intellectual property framework.

Preventing and protecting against underwater cultural heritage crime

Akin to the activity on the high seas broadly, underwater cultural heritage below the surface of the high seas is beyond the scope of policing of any one state. As such, the historical, cultural, and financial value of shipwrecks is vulnerable to crimes such as looting, trafficking, forgeries, and then illicit sales, rather than providing cultural benefit to all, as articulated in the 1982 United Nations Convention on the Law of the Sea and the 2001 Convention on the Protection of the Underwater Cultural Heritage. The emergent United Nations High Seas Treaty provides some hope of unclouding this complex space and providing protections for these culturally rich, priceless, and often nationally contested objects. Shipwreck ownership is contested not only on the high seas. Shipwrecks found within a state’s exclusive economic zone may be susceptible to questions of ownership, further challenging the questions of how crimes against underwater cultural heritage can be collectively prevented and protected. Drawing on a shipwreck example from Southeast Asia in which ownership was contested, the Geldermalsen, this article considers, within the framework of international law and increasingly available technology, that it may be possible to “design out” criminal vulnerabilities through a lens of situational crime prevention.

Codification of European Private International Law!

Codification of European Private International Law!

Refugee Protection through Safeguarding Intangible Cultural Heritage of the Home Country and Refugee Journey

Abstract The legal literature on refugee cultural heritage is limited, and cultural rights are part of the law that appropriately addresses refugee cultural heritage issues. Cultural heritage is integral to the definition of refugees; refugee protection must include safeguarding refugee cultural heritage.1 This Article reviews international law around refugees’ intangible cultural heritage, which incorporates refugee relationships with their tangible cultural heritage.2 It also frames the discussion around refugee intangible cultural heritage in a holistic paradigm that consolidates “refugee home heritage” (refugee intangible cultural heritage of home country) and “refuge heritage” (refugee intangible cultural heritage of refugee journey from persecution or conflict to resettlement or return). The Article finds that, whereas the international law framework lays the groundwork for such a holistic paradigm, international and national laws and state policy approaches must be reformed to achieve refugee protection in line with international obligations.

Sex and Gender in International Human Rights Law through the Prism of the ‘Women’ Category in Recent Case Law

Abstract This article problematises the current understanding of sex and gender in international human rights law, especially as it manifests itself in its treatment of the ‘women’ category. The problematic nature of the current state of international human rights law in this regard came recently to light in two cases: the majority judgment in the Y v France case of the European Court for Human Rights and the dissenting opinions in the Vicky Hernández case of the Inter-American Court of Human Rights. Arguments and statements emerging from these two authoritative recent sources coming from two arguably progressive jurisdictions exemplify continuing inadequacies of the dominant approach. Through a critical engagement with these arguments, supplemented by the discussion of the broader framework of international human rights law, the article not only points out the precise nature of the existing shortcomings but also formulates strategies for overcoming them.

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.

Border carbon adjustment compliance and the WTO: the interactional evolution of law

Abstract International law and its understanding can evolve outside of treaties, but little is known about the elements that can explain these changes. This paper looks at the debate on border carbon adjustment (BCA) compatibility with the World Trade Organization (WTO) and argues that international law depends on the actors’ perceptions, which can change over time. It applies an interactional international law framework to explain how a policy that was once deemed incompatible with WTO rules is now considered ‘WTO-compliant’ by the European Union. A discourse network analysis is conducted based on debates from the WTO and the literature over 24 years. Results show that since 2012, the legal literature has increasingly been more confident that BCA could be WTO-compatible, despite the absence of significant changes in WTO case law during the same period. This increase in support was sustained by an expanded practice of legality and a perceived lack of legality of applicable WTO rules. This research offers new insights into the dynamics of international law. It provides new methodological avenues for scholars seeking to trace the evolution of law and legal understanding through formal and informal processes.

The Palestinian Operation on October 7 Between International Legitimacy and Criminalization

This study delved into the operation of Palestinian resistance on the seventh of October, navigating the realms of legitimacy and criminalization within the framework of international law. The researcher examined the historical evolution of the Israeli-Palestinian conflict, revealing a continuous onslaught, occupation, and killing endured by the Palestinian people for over 70 years. The legal foundation of the Palestinian resistance's legitimacy on the seventh of October was explored in light of international law, with the researcher concluding that the resistance exercised its right to legitimate defense in accordance with the United Nations Charter against ongoing aggression by the Israeli occupation. Furthermore, the researcher found that the resistance's actions were consistent with its exercise of the right to self-determination, as endorsed by numerous United Nations resolutions on the Palestinian issue. Finally, the study addressed Israeli allegations of massacres committed by the Palestinian resistance on the seventh of October, presenting evidence that the resistance adhered to international law in its operation and did not violate its provisions. The researcher urged the United Nations to take stricter measures, particularly through its Security Council, by activating Chapter Seven of the Charter to compel Israel to implement international resolutions. Additionally, the researcher also calls on international organizations to morally and materially support the legitimacy of Palestinian armed resistance to exercise its right to self-determination against Israeli occupation and settlement. The researcher recommended that global media listen to both sides of the conflict's narrative for journalistic credibility.

Assessing the Legality of Autonomous Weapon Systems: An In-depth Examination of International Humanitarian Law Principles

The use of autonomous weapons systems (AWS) to select targets and attack them without human intervention poses a real legal dilemma. What heralds the urgency of the issue is the emergence of some unofficial reports talking about AWS entering the battlefield in recent armed conflicts. Previous literature has been inconclusive on the legitimacy of AWS. This is what prompted us to do this research, which deserves to be investigated in more depth to help reach an international consensus within the international humanitarian law (IHL) framework. The article uses a combination of both doctrinal and non-doctrinal methodology to provide a more comprehensive understanding of the issue. The methodology focuses on analyzing AWS through the perspective of IHL principles because it is the most related law by which the legitimacy of AWS can be assessed. The data collected were secondary and analyzed using quantitative data analysis to shed light on the contradiction between public sentiment and the actual trajectory of AWS development. The results show that military necessity and humanity are two concepts inherent in the true principles of IHL that do not accept measurement or compromise. The article concludes that although artificial intelligence (AI) has not yet reached a threshold that allows reliable deployment of AWS, However, the acceleration of its development indicates that AWS will be able to comply with true IHL principles in the near future.

Regulation of Import Operations under Sanctions Restrictions

In terms of market relations, Russia actively integrated into the world space as an outcome of globalization processes, which significantly determined its foreign economic activity. Increased political tension, growing threats to Russia’s national interests and unprecedented sanctions pressure bring to the fore the need seeking for new ways and tools for the country’s economic development. Analysis of import operations in real circumstances helps to identify factors of influence and opportunities for strengthening the Russian economy. In particularly such as analysis of the structure and dynamics of imports, expenses managing of import operations, income and efficiency, formats of interaction between counterparties. The study’s aim is to consider the issues of legal regulation of import operations in the Russian Federation, considering international and national legal norms, as well as aspects that reveal the analysis’ basis and accounting of import operations in nowadays realities. Timely analysis of import operations and identifying factors influencing efficiency allows developing additional procedures. The authors consider the need focusing on cost savings, conducting simplified customs declaration procedures within the framework of international and national law and minimizing risks.