Fundamental Norms Research Articles

Fundamental principles of international law as organic laws of global society

In today’s globalized world, international law plays a key role in establishing legal foundations for relations between states and international organizations. The fundamental principles of international law are their own organic laws that enforce the rules of behavior of subjects of international relations, ensure stability and predictability in the international system. These principles are the basis for regulating such important issues as ensuring peace, security, respect for human rights and state sovereignty. The fundamental principles of international law are the basic rules that are mandatory for all subjects of international relations and are included in the general directions of their activities. in addition, they include principles such as state equality, non-interference in internal affairs, sovereign equality, peaceful settlement of disputes, prohibition of the use of force, respect for human rights, etc. These principles form the basis of international relations and are key to preventing conflicts and ensuring justice. The fundamental principles of international law have deep historical roots. The formation began with the first interstate treaties, but the modern understanding arose after the Second World War, when the international community recognized the need to create a clear legal framework to support peace. The UN Charter, adopted in 1945, established the basic principles of international law, which became the basis for the further development of the international system. These principles of international law have an imperative character, which means that they are binding for all subjects of international relations. This provision is due to their belonging to jus cogeny norms, which cannot be changed by mutual consent of the state. The principles that prohibit aggression or genocide are absolute and immutable, independent of nature. Organic laws are laws that establish fundamental norms that have a decisive impact on the functioning of society. In the context of international law, fundamental principles provide the role of such organic laws, after which they adopt general rules for the maintenance of international order. Without preserving these principles, it is impossible to ensure stability and predictability in relations between states. Of course, the fundamental principles of international law decide the role in ensuring peace and security in the world. The principle of non-interference in internal affairs guarantees the sovereignty of the state, preventing external influence on their politics. The principle of peaceful settlement of disputes is to complicate the resolution of conflicts through negotiations or other peaceful means, preventing the escalation of violence. These principles create legal mechanisms for sustainability at the international level.

사랑의 형법학과 통합적 형사사법 - 마약류 범죄에 관한 형법정책을 예로 하여

As This article proposes specific criminal justice policies for drug-related offenses by placing the criminal law of love as the theoretical basis for solving the crisis of our society in which the 'war on drugs' has been declared, and envisioning its practical consequences as an integrated criminal justice model. First, the core of the criminal law of love, which has been advocated as an alternative to adversarial criminal law theory, takes a step further from the ‘God-man metaphor’ and focuses on its purpose and meaning. The meaning of human dignity is understood as the dignity of a person as a person, not because they are made in the same image as God, but as a person who is made in the same image as God and loved enough to make autonomous decisions based on reason. Imagining a dignified human being as a being in its own right can emphasize the guiding function of criminal law beyond its regulatory function. Based on this reinterpreted criminal jurisprudence of love, this article emphasizes the need to build an integrated criminal justice system with ‘retributive, restorative, and therapeutic’ justice as its pillars, and proposes a strategy for criminal justice policy on drug offenses. First, it argues that drug offenses should be regulated by the Criminal Act, which fulfills the principle of protecting the interests of the law and maintaining the basic order as a fundamental norm of our living world. It explains that the relationship between the Criminal Act and the Narcotics Control Act is not that of a general law and a special law, so that both laws are applied in cases where the application of both laws overlap. Second, it suggests that the current inoperative “Crimes Concerning Opium” statute should be amended to “Crimes Concerning Narcotics” to reflect reality so that it can be applied. Third, it proposes that a protectionist provision be added to the Criminal Act to allow foreigners to be subject to Korean criminal law for drug supply offenses. On the other hand, the existence of special laws is necessary because the Criminal Act, whose main function is to suppress crime, cannot contain all treatment and prevention policies. Individual laws, including the Narcotics Control Act, are suitable for carrying out criminal law policies on drug crime prevention and treatment. To do this, this article envisions a desirable operation plan for the government's recently expanded “justice, treatment, and rehabilitation” model. Using the therapeutic justice strategy as a benchmark, the article emphasizes the role of criminal justice in helping drug-consuming offenders to overcome their addiction by requiring them to actively participate in treatment as early as possible, from the time investigative agencies become aware of a drug crime and before prosecution. The article also develops policy recommendations to emphasize community solidarity and to use professional community groups to operate a mandatory treatment system.

The Obligation to Cooperate to Protect Against Serious Breaches of the European and American Conventions on Human Rights

Abstract This paper discusses the obligation of States to co-operate as a duty that stems from two different areas of international law. First, States are obliged to co-operate under the law of State responsibility, the aim of co-operation within this framework being to bring to an end serious breaches of peremptory norms. The second area is international human rights law and, in particular, the European (ECHR) and the American Conventions on Human Rights (ACHR), as these instruments have been interpreted by the respective regional human rights courts to encompass a procedural obligation for States to co-operate with a view to protect human rights. The paper asks whether the obligation to cooperate, as constructed by the two regional human rights courts, has any overlap with the obligation to cooperate under the law of State responsibility, and, if yes, whether it can and does cross-fertilise the interpretation of the latter. The analysis of the relevant case law provides two affirmative answers. First, there is common space between the obligations to cooperate under the law of State responsibility, the ECHR, and the ACHR. Second, analysis also identifies certain features in the relevant human rights case law that enrich the obligation to co-operate under the law of State responsibility. These features are the effectiveness in the protection of the most fundamental norms and interpretation of the duty to cooperate through systemic integration. Systemic integration is necessary to concretise the conduct States are expected to develop as the obligation to cooperate refers to a rather open list of relevant rules of international law applicable to that State.

ANTI-TERRORISM LEGISLATION OF THE MEMBER STATES OF THE COLLECTIVE SECURITY TREATY ORGANIZATION: GENERAL AND SPECIFIC

In the presented article, the authors carried out a comparative analysis of the anti-terrorist legislation of the member states of the Collective Security Treaty Organization. In the course of the analysis, the structure and content of anti-terrorist legislation were considered, their structural elements were studied: concepts, principles, subjects and their competence, counteraction and prevention of terrorist acts, compensation for harm, etc. The study made it possible to identify the most important fundamental norms of the anti-terrorist legislation of the States of the Organization, as well as to identify their similarities and differences.

Comparative Perspectives on the Literature of the Ancient Near East

This article explores the process through which the literature of the ancient Near East became essential in defining and consolidating the religious and social structures of ancient communities. It investigates the importance of sacred texts within both oral and written traditions, emphasizing their role in legitimizing religious and political authorities. The study aims to clarify how these texts were transmitted and interpreted over time, contributing to the perpetuation of fundamental norms and values within society. Through an interdisciplinary analysis, the article offers an in-depth understanding of the formation and circulation process of these texts across various cultural traditions.

Foucault’s Revolving Door of Rationality: Normativity and the Play of Perspectives

ABSTRACT This paper argues for a reading of Michel Foucault’s works that draws on an expansive concept of normativity and places Foucault’s project in a broader framework. It is argued that the distinction between the normative and the non-normative fails to grasp what is most significant in Foucault’s work. This distinction should be replaced by a broader understanding of normativity permeating all social practices. However, in order to retain the sound intuition of two distinct moments within critical thought, this broader understanding must be complemented with a view of the entwined perspectives of participant and observer, both thoroughly permeated by normativity. However, there is a tension between these perspectives which both Foucault and critics such as Jürgen Habermas recognise as intensified in modernity. This intensification is manifest as instability, an ever-present possibility of shifting between perspectives that seems to demand resolution. Taking the fundamental norm motivating Foucault’s work as “the undefined work of freedom” the paper considers how this norm guides Foucault’s work by affirming this play of perspectives or “revolving door of rationality” in a way that marks a fundamental difference from his critics.

The institution of popular veto: experience of selected foreign countries

This article examines the legislation of foreign countries regarding mechanisms of direct democracy, particularly the institution of popular veto. A historical analysis of the development of this instrument in European law has been conducted. The methodological basis of the publication consists of scientific methods based on the requirements of objective and comprehensive analysis of socio-political and legal phenomena, which include direct democracy in foreign countries. The research methodology is founded on general theoretical principles and approaches to determining the initial parameters of the formation and development of popular veto as a form of direct democracy. To achieve scientific objectivity in the results, the author used a full range of general scientific and special research methods widely applied in the modern science of constitutional law. It has been established that although modern forms of direct democracy emerged relatively recently, the concept of popular veto has roots in ancient civilizations as a means of limiting the abuse of power. Initially, the right of veto was exercised not directly by citizens, but by authorized persons on behalf of the people, who could reject laws that contradicted fundamental norms. It is argued that although popular veto was first enshrined in French constitutional law, Switzerland is considered its birthplace, where this institution received genuine development and was first implemented in practice in 1831. The evolution of popular veto is closely linked to the development of Swiss statehood; however, the immediate impetus for its implementation was granting citizens direct voting rights and the right to participate in referendums. Initially, popular veto was applied at the level of individual cantons, and in 1874 it was enshrined in the Swiss Constitution at the national level. According to the constitutional procedure, a specified number of voters can officially express disagreement with an adopted law within a set period, after which it must be submitted to a nationwide referendum for approval or repeal.

Political Framing in China's Foreign Relations Law: International Law and ‘Fundamental Norms Governing International Relations’

The 2023 ‘Law on Foreign Relations of the People's Republic of China’ (FRL) represents China's most comprehensive attempt to date to articulate a legal framework for its international engagement. The stated purpose of the FRL is foremost functional, setting up a legal architecture for foreign policy, yet also serves diplomatic functions of explaining China's vision for international legal and political order. The following comments are concerned with this latter objective and the reception of the FRL by a global audience, including how it fits into existing discourses about the future of international law. Here, advocacy of alternative ‘political frames’ for international law emerges as a principal form of contestation, with China consistently claiming that Western invocations of the ‘rules-based order’ derogate from international law. Yet the FRL contains corresponding forms of political framing, in which the drafters cite ‘international law’ exclusively when paired with the concept of ‘fundamental norms governing international relations’. Interdependency between the terms suggests that the political commitment is increasingly necessary to understand China's interpretation of international legal norms in contentious cases. Comparative analysis emphasises the need for transnational dialogue, to promote better understanding of how emergent political frames are constructing competing meanings of international legal order.

Criminal Law Policy Regarding Insults of the President and Vice President in Law No. 1 Year 2023

This research aims to analyze the constitutional court's considerations in decriminalizing the formulation of the article on insulting the president and vice president in the Criminal Code and to analyze criminal law policy regarding the urgency of the article on insulting the president and vice president in Law No. 1 of 2023. Using normative legal research methods. The results of this research are that criminal policy, like public policy in general, must basically be a rational policy, one measure of the rationality of criminal law policy, among others, can be linked to the usefulness and effectiveness in making a rule so that it becomes a measure of rationality placed on the problem of the success or effectiveness of the criminal in achieving his goals. The regulation of the substance of the formulation of articles on insulting the president and vice president in Law No. 1 of 2023 is not in accordance with the spirit of the Constitutional Court decision Number 013-022/PUU-IV/2006 which states that Article 134, Article 136 bis, and Article 137 of the Criminal Code do not have binding legal force. Apart from that, the Constitutional Court has ordered not to re-regulate the offense of insulting the president and vice president in any law, because it is considered to hamper or reduce the freedom of freedom to express opinions both orally and in writing as regulated in the constitution (1945 Constitution) which is stat fundamental norm.

Energy Efficiency through Solar Panelled Mobile Workshop for Vocational Education Teaching Factory

Energy efficiency needs to be fundamental norm in education. Vocational education which focuses on tangible outputs of knowledge and science should be taking part in creating sustainable and responsible outcomes. This paper presented a model of adapting the energy efficiency foundation into application of technology and knowledge. As vocational education becomes a widely sought-after alternative for hands-on and output-based education, application of such model is at most importance. A strong and impactful vocational institution requires good and independent teaching factory (TEFA). A TEFA becomes a backbone for practicum and production at the same time. A good TEFA is expensive to create and maintain. Therefore, many vocational schools become ineffective and new and more This paper presented a new model for vocational school teaching factory program (TEFA) based on smart energy management. The model was introduced by SMK Negeri 1 Pringgabaya, a vocational school in East Lombok, Indonesia. A TEFA active learning process and entrepreneurial application by designing solar energy carts an as annex to the mobile workshop. In this present study, the model used an integrated experimental approach between output-based education and a smart energy management. Such model also displayed more equitable vocational outcomes through entrepreneurial aspects of commercialization. The results showed a model of mobile workshop aimed at providing services to motorcycle owners while the solar paneled carts provided electricity for both the mechanics and the customers. Added value was identified because customers could charge their mobile phones for free and enjoy cheap or complimentary beverages. The solar paneled mobile workshop did not only gain revenue but also actively promoted itself through social media platforms. It was concluded that the model provided a more equitable value for the sustainable TEFA.

Hegemony Approach and Political Struggles over a New Political Order: The Case of Turkey

Abstract This paper proposes an analytical framework that employs a hegemony approach to political transformations, which bring about significant changes in the fundamental norms and values of a political community, as well as in the organizing principles of the social and economic system. The hegemony approach, drawing inspiration from the works of Ernesto Laclau and Chantal Mouffe, provides political theorists and social scientists with conceptual tools for analyzing struggles over political power. The paper argues that attempts at hegemonic formations, when extended to political transformations, involve articulations around social antagonisms, the construction of the people, establishment of political frontiers, and mobilization of the demands of excluded and oppressed groups. The Justice and Development Party, led by Recep Tayyip Erdogan in Turkey, serves as a unique case study to illustrate this approach.

Impact of Artificial Intelligence Development on Taiwan's Legal System and Legislation in the Post-Pandemic Era

In the post-pandemic era, AI development has entered a new phase, driven by the emergence of generative AI and the increasing prevalence of information and communication technologies represented by 5G. In the dawn of the AI age, significant shifts are underway, heralding a new era of transformation. This article explores the impact of AI advancement on Taiwan's legal framework during this era. It delves into both historical developments and prospective transformations and begins with a retrospective analysis of Taiwan's AI-related legislation before the post-pandemic era. Subsequently, it focuses on a critical aspect of Taiwan's AI legal framework during this era, including two pivotal documents in Taiwan: the "AI Basic Act" and the " Reference Guidelines for the Use of Generative AI in the Executive Yuan and its Subordinate Agencies and Affiliated Institutions”. Both have recently garnered widespread attention, marking a crucial step towards navigating the evolving landscape of artificial intelligence. Finally, this article offers insights into the prospective evolution of Taiwan's legal landscape pertaining to AI. The formulation of the "AI Basic Act" is pivotal in setting fundamental norms for AI development in Taiwan. This draft is significant with its 24 articles aimed at fostering a trustworthy environment and promoting diverse AI utilization. It ensures that Taiwan's high-tech advancements align with global standards. On the other side, the “Reference Guidelines for the Use of Generative AI” are designed to regulate the administrative agencies in response to the widespread application of generative AI. Furthermore, since 2023, the Personal Data Protection Act and Criminal Code, among others, have all been amended to include provisions related to AI technology, reflecting the apparent impact of AI on the legal system. Given the novelty of AI in society, prioritizing the creation of a basic act is crucial. Such legislation defines AI in Taiwan, establishes ethical principles, outline development directions, and provides fundamental norms. It will serve as a cornerstone for shaping and revising other policies and laws to navigate the evolving landscape of AI.

The Longue Durée of International Environmental Norm Change: Global Environmental Politics Meets the English School of International Relations

Abstract The purpose of this article is to introduce English School (ES) theory to the study of global environmental politics (GEP). The ES is an established theoretical tradition in the discipline of international relations (IR) but is not widely known, let alone used, in GEP. My aim is to overcome this state of neglect and suggest ways in which ES theory can enrich the study of international environmental affairs. I argue that ES theory makes at least two major contributions to the study of global environmental politics: first, it helps counterbalance the presentist focus in GEP scholarship, shifting our attention toward long-term historical patterns of normative change, and second, by distinguishing between different levels of international change, it opens up an analytical focus on environmentalism as a part of the international normative structure. In doing so, ES theory directs our attention to the interaction and mutual shaping between environmentalism and other fundamental norms of international society.

РОМСЬКІ ЖІНКИ В УМОВАХ ВІЙНИ: ЕТНОКУЛЬТУРНІ КОНТЕКСТИ РОЛІ ЖІНКИ І ЖІНОЧОГО ЛІДЕРСТВА В УКРАЇНСЬКОМУ СУСПІЛЬСТВІ

The article is devoted to the topical aspects of Ukraine's current state policy on supporting national minorities in the context of a full-scale war. On the basis of social and legal principles, fundamental norms and re-quirements for the development of a democratic community, the author examines the problematic issues of state participation in the socio-cultural sphere of national minority development (education, housing, health care, employment, social security, etc.) in Ukraine. Based on the analysis of a wide range of scientific studies of recent decades, it is established that in recent years, the state's attention to the Roma as an organic ethnic community in the multicultural space of Ukraine has successfully synergized the efforts of Roma civic activists, non-governmental organizations and local authorities. At the same time, one of the problems with integrating existing programs to support Roma mediators in various socio-cultural spheres into national government programs is the inadequate assessment of the role of women in the self-organization of territorial communities where Roma live compactly and their involvement in solving local issues. The article emphasizes the growth of the leadership potential of Roma women and their outstanding role in socially useful activities and positive impact on the overall development of territorial communities in times of war. Given the circumstances of the Ukrainian present, the author concludes that there is a great social need and expediency of applying mechanisms and tools of organizational and managerial innovations to motivate the most active involvement of Roma women leaders and activists in cooperation with the authorities in the emergency conditions of war and to study this problem in detail by means of social sciences and humanities. The article identifies ways and mechanisms for solving the current problems of the Roma community and defines the role of women's leadership in Ukrainian society.

The Impact of the Dispute over the Rule of Law in Poland on the Status of Normative Power Europe

The central claim of the paper is that the European Union, understood through the concept of Normative Power Europe, is a sui generis global actor that will not be successful in achieving its international goals unless it upholds its foundational values at home. Internal disputes among Member States over fundamental and core values weaken the organisation’s international standing, which may lead to the risk of the European Union losing its comparative strength that differentiates it from other global powers and that gives it a unique place in international politics. This is particularly important in the times of constant change in global politics and new security, political and economic challenges, such as the role of China, democratic backsliding in the Global South countries and the Russian aggression against Ukraine. All these call for a strong and effective European Union, which, we argue, will not be possible, unless the organisation is able to keep internal disputes at check by ensuring compliance with the values it is based on. Based the case study of Poland, the paper demonstrates that it may be difficult, if not impossible, for the European Union to effectively uphold the respect for its fundamental norms, principles and standards among its members. This in turn will impede the Normative Power Europe status.

Новая концепция уголовной политики в сфере защиты национальной безопасности России

In this article, the author examines the criminal policy of the Russian Federation in the field of national security protection in the context of the special military operation. The latest changes to criminal legislation, as well as Federal Law No. 270-FZ dated June 24, 2023, On the Specifics of Criminal Liability of Persons Involved in the Special Military Operation, are analyzed. Over the past two years, due to the current socio-political situation in the world, the criminal legislation of the Russian Federation has been rapidly updated with a list of norms related to ensuring the security of the state and its sovereignty, as well as protecting the national interests of the country. The “military” amendments to the criminal law were caused by the need to adapt criminal legislation to the modern realities of de facto wartime. In this regard, it also became necessary to form a new concept of criminal policy in the specified conditions. The methodological basis of the research is the application of general scientific and specific scientific methods of cognition, including historical and formal legal ones. The author concludes that the contemporary concept of criminal policy in the field of protection of national interests should be based on an ideological component, and countering attacks on national security should be based on a uniform terminological basis. The concept of contemporary criminal policy in the field of national security protection in military conditions must be based on the placement of the correct accents of its functioning in the future. This means that superficially researched yet, despite this, adopted changes in criminal and criminal procedure legislation in the future may be a problem for other more global areas of public policy. In this regard, the author points out that the legislator must immediately respond to phenomena that form acutely negative sentiments in society, increase the crime rate and infringe on the fundamental norms of morality and the rule of law. Such a concept should take into account the positive results of many years of experience in criminal law impact on crime and optimize criminal justice, since it is justice that is a factor in the realization of a citizen’s right to protection from criminal encroachments. The author states that the public danger of persons convicted and pardoned in connection with the special military operation is not reduced, the prerequisites for this are not presented in the future, and the goals of punishment provided for by criminal law are not achieved. Recognition of problems and, as a result, their relief will allow the state to declare and consolidate the fundamental theses about the need to ensure the security not only of state sovereignty, but also the security of man and citizen as a result of decisions taken by the state. The strategic goal of the new concept of national security protection should consist of several main elements: first of all, it is the unconditional protection of statehood, economic relations and the optimal protection of society as a whole and each citizen individually from criminal encroachments. Only taking into account all the main components, the principles of criminal policy will correspond to the concept of the legal state, legality and the rule of law.

ПРАГМАТИЧЕСКИЕ РЕСТРИКЦИИ

The paper deals with pragmatic restrictions treated as limits of normal communication within certain situations. Violations of such limits result in communicative failure or switch the communication into a sphere of jokes. Such restrictions correlate with formal and semantic linguistic norms, they have a gradual nature and vary from absolute prohibitions to admissible, but not recommendable communicative actions. Pragmatic restrictions are ethnoculturally bound. They change in time, as new norms emerge and previous rules function no longer. Several types of pragmatic restrictions may be singled out in communication: 1) etiquette rules which fix the canons of demonstrating good will and respect; 2) fundamental norms of behavior which keep the most important communicative formats, mainly concerning religious prescriptions and prohibitions; 3) common sense rules in everyday personal communication; 4) ritual automatic adherence to traditional beliefs; 5) politically correct, which is a reaction to violations of the rights of an oppressed or vulnerable part of the population; 6) discourse and style norms characterizing situationally defined norms of communicative behavior.

Legal Basis of Sanctions against Russia and Asset Confiscation

"This study provides an in-depth examination of the legal bases for current asset freezes in the European Union (EU) and the United States (US), and how these differ from confiscations of Russian state assets. It explores the evolving political deliberations that have led to new goals of making reparations to Ukraine, which has suffered extensive damage estimated at more than 600 billion euros as a result of Russia’s invasion. The primary focus of this study is on the potential confiscation of frozen state assets of Russia as a means to achieve reparations. Western governments have initiated comprehensive assessments of avenues to perform permanent asset seizures, with the overarching goal of strengthening the tracing, identification, freezing and management of assets as preliminary steps for potential confiscation. The study discusses the legislative pitfalls associated with sovereign asset confiscation, its challenges and limitations. It highlights how the principle of sovereign equality of states can hinder such actions, protecting the assets of Russia’s central bank from court proceedings and execution in another state. Despite Russia’s actions contravening the fundamental norms of international law, interpretations of customary international law maintain Russia’s immunity from legal proceedings in foreign courts. Therefore, it can be concluded that there are no legal bases for the expropriation of Russian sovereign assets. Keywords: confiscation of assets, Russian assets, reparations, legal considerations, International law, sanctions, sovereign equality."

Dynamics of Formil Legal Procedures Establishment of Laws and Regulations

As a state of law, Indonesia certainly cannot be separated from legal policies in terms of drafting laws and regulations. The definition of legal policy is legal policy as a means and procedure that can be used by the government to build a legal system. Based on this, a problem formulation is drawn, namely about how the political pattern of legislation in the Job Creation Law and how the development and participation of the community in making the Job Creation Law. The research method used is normative research, and the approach used is a statutory and conceptual approach. The result of the discussion is that the political pattern determines the purpose of what will be compiled in laws and regulations. In Indonesia, its formation must be based on Pancasila where Pancasila is the fundamental norm of the state. The development of an increasingly critical and wise society must certainly receive attention in order to be involved in the formation of laws and regulations. Community involvement here aims to later the rules formed can be useful for the community.

Between (ir)responsibility and (in)appropriateness: Conceptualizing norm-related state behaviour in the Russian war against Ukraine

AbstractThe Russian war against Ukraine has challenged fundamental norms such as sovereignty, non-interference and the prohibition of the use of force. It has led to diverse reactions from the international community. Only very few states sided with Russia, some states remained neutral, while the vast majority condemned the attack and supported Ukraine in its right to self-defence. Thus, although there is no legal obligation, many states display behaviour that goes beyond diplomatic support. They support Ukraine financially and even deliver weapons to support Ukraine in its right to self-defence. In this article, we conceptualize different types of actors’ behaviour in world politics. We distinguish between responsible, irresponsible, appropriate, and inappropriate behaviour. We apply this typology to states’ reaction to the Russian war against Ukraine. The typology enables us to analyse the variation of the responses with reference to norms and responsibility, two core concepts of International Relations (IR) Theory and global politics. Counterintuitively as it might seem, we argue that the support of Ukraine with weapons can be categorized as responsible behaviour as it displays an over-fulfilment of the right to self-defence norm, which leads to the emergence of a new norm: the responsibility to support norm.