Hague Declaration Research Articles

Can the use of algorithms enhance judicial independence? Reflections in the context of The Hague Declaration

Can the use of algorithms enhance judicial independence? Reflections in the context of The Hague Declaration

On the role of the US in EU-Japan relations: Is trilateralism still on agenda?

This article is devoted to analyzing the contemporary configuration of relations inside the triad of the US, the European Union, and Japan, often addressed to as trilateral relations. The ‘three pillars’ theory, which is acknowledged to be a root of the trilateralism concept, was originally introduced by the Japanese Prime Minister Ikeda Hayato during his visit to Paris in 1962. Later, in the 1980s, it was developed by the Japanese diplomat Owada Hisashi, known for his active participation in the Hague declaration preparatory process. This concept was widely used by researchers in the 1990–2000s to explain current EU-Japan relations and their place in world politics. Indeed, it seems natural to develop cooperation between the participants of the so-called ‘triangle’, which dominated the world economically and shared common values of democracy, human rights, and free trade. Meanwhile, although the Transatlantic and Transpacific relations were highly developed due to security cooperation, the Japan-EU relations during the whole post-war period were far less advanced and thus were often called a ‘weak side’ of the triangle. Today, when the US is actively promoting new alliances in the Indo-Pacific region, engaging Australia and India, and the economic predominance of the three economies is challenged by China, addressing this triangle scheme as a working political relations model can be put in doubt.The article argues that, presently, it is difficult to interpret the triangle as a working political model, which is characterized by mutual interdependence of the three engaging actors. The author looks at the roots of this concept, analyzes the reasons why it was the Japanese side who offered such a vision of the US-EC-Japan relations, the role of the US in Japan-Western Europe relations. After considering the decisions of the D. Trump and J. Biden administrations towards their ‘junior partners’, the author concludes that inconsistent, difficult to forecast policy of the Trump administration led to the strengthening of the EU-Japan relationship, which gives reason to point to a certain extent of interdependence between the participants of the triangle. However, the Biden administration’s policy, which seems to be more consistent, but short of idealism towards its allies, has not significantly influenced the EU-Japan relations so far. Rather, it opened the way to search for new partnerships. The conclusion of a defense pact between Japan and Australia in January 2022 is a good example of this process, showing that the partners’ choice is dictated not by a necessity to develop ‘trilateral’ relations, but by pragmatic assessment of effectiveness of this or that partnership.

Legal Issues for Ensuring Security in Tourism and Countering Terrorist Threats

The development of terrorism is increasingly contributing to the debate about its impact on the tourism sector. Thus, this article is aimed to explore the place of terrorism in the international legal regulation of tourism. The study was carried out by integrated approach to legal expertise of documents of international organizations. Based on the fact that attacks on foreign tourists have increased in certain regions of the world, relation between tourism and terrorism was established. It was revealed that The Hague Declaration on Tourism is the main international legal and regulatory act in the field of tourism. We came to conclusion that complexity of regulation of international tourism is that tourism actually affects on all branches of law. To solve this problem, it is necessary to develop a new declaration, focused on principles of countering terrorist threat to international tourism and tourists.

The Hague Declaration on Knowledge Discovery in the Digital Age

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IFLA Signs the Hague Declaration: Immediate Reform to IP Laws!

IFLA Signs the Hague Declaration: Immediate Reform to IP Laws!

‘Explosive Missals’: International Law, Technology, and Security in Nineteenth-Century Disarmament Conferences

This article challenges traditional interpretations of the 1868 Declaration of St Petersburg banning explosive bullets and the 1899 Hague Declaration forbidding expanding bullets as humanitarian agreements. A review of the legal terms of these arms control agreements and diplomatic correspondence provides evidence that Britain sought to harness advanced technology to overcome manpower deficiencies in imperial and European warfare. In 1868 Britain wanted to avoid restrictions on the employment of advanced technology in imperial wars, while at the Hague Peace Conference in 1899 a similar rationale was advanced to mask a desire to use advanced technology in European wars.

Introduction: where is the EU–Japan relationship heading?

This introduction outlines the EU-Japan relationship and where it stands at present. At the last summit meeting the two sides decided to start parallel negotiations for (1) a deep and comprehensive free-trade agreement or economic partnership agreement; and (2) a binding agreement covering political, security and other areas of global cooperation. Here the factors that have led both the EU and Japan to abandon the former policy of defining the overall relationship with ten-year plans, such as the 1991 Hague Declaration and the 2001 Action Plan, will be analyzed. The present negotiations will be put in historical perspective, and what is new and unique this time will be analyzed. These EU-Japan agreements will be placed in a comparative global perspective relative to other major agreements. Finally, this introduction will also introduce the other articles in this special issue.

The evolution of the EU-Japan relationship: towards a ‘normative partnership’?

The year 2011 marked the twentieth anniversary of the Hague Declaration of 1991 between Japan and the European Community. This declaration was originally intended to enhance the bilateral relationship between Japan and Europe, but the reality was little more than a reluctant promotion of several insignificant programs. Meanwhile, although the EU has significantly developed its partnership with China, it has become ambivalent about the future of EU-Asia relations. While endeavouring to expand its economic ties with China, the EU also attempts to be a ‘normative power’, but, because of the limited nature of the EU's influence in East Asia, it needs normative partners in this region. This article argues that the EU-Japan relationship is becoming more vital because of the increasing importance of norms due to the rise of China. In the last decade, the Japanese government has increasingly emphasized the importance of values and norms in its diplomacy. At the same time, both the EU and Japan have been leading advocates of international law and multilateralism, while striving to promote democracy, human rights and the rule of law. Thus, the Cold War ‘trilateralism’, which was the core of the Western Alliance, has been transformed into the post-Cold War ‘normative partnership’. It is argued that the importance of EU-Japan relations can be appropriately understood in this light.

The 1899 Hague Declaration concerning expanding bullets: A treaty effective for more than 100 years faces complex contemporary issues

The 1899 Hague Declaration (the Declaration) is a treaty prohibition based on particular technical specifications about a weapon system, namely, the construction of bullets. The Declaration has been widely adhered to and has assumed the status of customary law. Although there have been allegations of violations of this treaty, to our knowledge none have been proven. From this point of view, the Declaration could be regarded as an effective treaty.

The Hague Declaration on Freedom of Religion or Belief The Hague 15 October 2007

The Hague Declaration on Freedom of Religion or Belief The Hague 15 October 2007

New Europeans, New Identities - Reflections on Europe’s Dilemma

This paper examines issues relating to the integration of immigrants, particularly Muslim immigrants, into European societies. It first contemplates whether a true European identity really exists. Building on the different conceptions of (European) identity, the paper claims that a sense of belonging is crucial in helping immigrants integrate into Europe. The paper also argues that identity is, actually, most relevant when it is under threat. The paper therefore looks at the nature of Muslim society in Europe and some of the reasons for disaffection in that population. While doing this, the paper compares the various models of integration in, for example, the United States, Canada and Israel with the attempt by a number of EU Member States to find satisfactory integration strategies. Also, the efforts of the European Commission to forge an acceptable integration framework through the principles elaborated following the Hague declaration in November 2004 are discussed. The paper concludes that integration is best approached by creating cohesive communities and loyalties at the local level.

Problem uchodźców i migracji w optyce Deklaracji Haskiej z 2002 r.

The problem of fugitives, migrants and internally displaced persons constitutes one of the more important issues in internal politics of individual states as well as in international relations. An attempt to establish the principles and set directions for such a policy is expressed in the Hague Declaration, adopted in 2002 as motioned for by the Dutch local chapter of the Society for International Development (SID). The paper presents and reviews the contents of the Declaration, which emphasizes the responsibility of states for the situation of refugees and migrants and the need to establish the principles of such a policy. It also refers to the problems of regulated and non-regulated migration, the issue of assimilation, integration, the law of migrants to return and the duties of state institutions, local governments, religious organizations and social institutions in the reception countries. The Declaration addresses political and economic reasons for migration and it emphasizes that the work of fugitives and migrants does not only bring benefits to them, but also to the reception countries and families in the homeland. The Declaration pays particular attention to children and female refugees and to the need for specific regulations in this respect. It refers to human rights while observing the inertia and lack of concepts of specialized international agencies.

The United Nations Convention on Certain Conventional Weapons of 1980: its recent development and increasing significance

Efforts to regulate warfare, including the use of particular weapons, have a long history, dating back, according to some scholars, thousands of years. But international codification of the rules of war in binding multilateral legal instruments only began in the second half of the nineteenth century. Among the first such efforts was one devoted to the prohibition of the use of a particular weapon in wartime. The St. Petersburg Declaration of 1868 on exploding bullets banned the use of explosive projectiles under 400 grammes in weight and is generally recognised as constituting the first significant international instrument prohibiting a specific weapon. It also incorporated into the conventional law of armed conflict the customary principle prohibiting the use of weapons ‘of a nature to cause superfluous injury or unnecessary suffering’ — a tenet of international humanitarian law and a touchstone for many important international agreements on the use of weapons that have since followed, including the Hague Declaration of 1899 on expanding bullets, the Geneva Gas Protocol of 1925 and, most recently, the United Nations Convention on Conventional Weapons of 1980 (hereafter, CCW).

The 1899 Hague Declaration concerning Expanding Bullets. A treaty effective for more than 100 years faces complex contemporary issues

The 1899 Hague Declaration concerning Expanding Bullets. A treaty effective for more than 100 years faces complex contemporary issues

Wound ballistics, surgery and the law of war

Wound ballistics is a science which can relate to other disciplines such as law, design of weapons, forensic pathology and surgery. We present an approach to wound ballistics which should make this complex subject accessible to and understandable by surgeons. There are two major contributions made by the science of wound ballistics to the surgical management of war-wounded people. The first is the demonstration of the transfer of kinetic energy from the projectile to the tissues along the projectile’s track (‘down-track’); this explains the heterogeneity of war wounds. The ‘down-track’ deposit of energy of a projectile is determined principally by the mass and velocity of the projectile and also, in the case of a bullet, by its construction and stability in flight. The rate with which energy is transferred determines the amount of tissue damage. If surgeons recognize the heterogeneity of wounds they can adopt appropriate management strategies for each individual wounded person. However, guidelines for surgeons as to which or how much tissue should be excised from a war wound have not yet been generated from wound ballistics studies. The second contribution pertains to fractures; the transfer of energy from the projectile to the bone and its surrounding soft tissues has important implications for fracture management. A comminuted fracture may result from low energy transfer. The extent of soft tissue damage surrounding a fracture influences the excision of the wound and the choice of fracture holding. In the context of the law of war and, in particular, the Hague Declaration of 1899, we propose that ‘down-track’ deposit of energy as opposed to technical consideration of bullet construction should be a starting point for legal debate about weapons.

Clinical and legal significance of fragmentation of bullets in relation to size of wounds: retrospective analysis

Objective: To examine the relation between fragmentation of bullets and size of wounds clinically and in the context of the Hague Declaration of 1899.Design: Retrospective analysis of prospectively collected data...

Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (1972): Statement of the ICRC at the Review Conference of States Parties, Geneva, 25 November–6 December 1996

The International Committee of the Red Cross is privileged to address this conference which has the task of strengthening one of the earliest prohibitions of international humanitarian law: the proscription against the use of poison as a means of warfare. This norm has its basis not only in the 1899 Hague Declaration (2) and 1907 Hague Convention (IV) but also in the rules of warfare of diverse moral and cultural systems. Ancient Greeks and Romans customarily observed a prohibition on the use of poison and poison weapons. By 500 BC the Manu Law of War in India had banned the use of such arms. A millennium later regulations on the conduct of war drawn from the Koran by the Saracens forbade poisoning.

Terminal ballistics of 7.62 mm NATO bullets: experiments in ordnance gelatin.

Military rifle bullets are assumed to tumble 180 degrees in the target and end up facing backwards, but intact. It has been claimed, however, that a German version of the 7.62 mm x 51 (7.62 mm NATO) bullet may fragment at ranges up to 100 m. A lack of strength in the jacket, causing it to break at the cannelure when hitting the target at high impact velocity, has been held responsible for this behaviour. The Danish Armed Forces use a 7.62 mm x 51 bullet, produced by Ammunitionsarsenalet (AMA), which is similar in design. Since the legality of this and similar bullets may be questioned in view of the Hague Declaration of 1899, we decided to supplement an investigation of actual fatal cases with an investigation using ordnance gelatin. In order to compare various makes of bullets on an equal basis, they were fired into ordnance gelatin at various ranges and, consequently with various impact velocities. Bullets manufactured by the US Government, Bofors (Sweden), Raufoss (Norway) and AMA were used. The AMA bullet M/75 used previously was found to fragment at ranges up to approx. 100 m, corresponding to impact velocities of approx. 715 m/sec, while all the other 3 types of bullets were intact at ranges down to 2.5 m, corresponding to impact velocities of approx. 810 m/sec. The final prototype of an AMA bullet to answer this criticism proved capable of withstanding fragmentation as well as the foreign makes previously tested. It will enter series production in late 1995.

Assessment of bullet disruption in armed conflicts

Under international humanitarian law, the Hague Declaration of 1899 forbids the use of small arms ammunition that disrupts in the body after impact. However, assessment of whether bullets have undergone disruption is subjective and accusations that one or both sides of a conflict have used such ammunition cannot be substantiated. We describe a method by which disruption of bullets after impact can be assessed objectively. We reviewed 1287 wound radiographs of 1201 patients in four International Committee of the Red Cross hospitals. Radiographs were scored according to the F (fracture) and M (presence of metallic bodies) variables of the Red Cross wound classification; bullet disruption is evidenced by metallic fragments on the radiograph. One hospital had a significantly higher proportion of patients wounded by bullets that disrupted after impact; these wounds were associated with comminuted fractures. The findings show that the presence of metallic fragments on a radiograph is a reliable indicator of wound severity and bullet disruption. The study has important implications for the upholding of international humanitarian law, because with our method the use and manufacture of bullets that contravene the Hague Declaration can be identified. Lancet 1992; 339: 35-37.

International Agreements and Cooperation in Environmental Conservation and Resource Management

Climate change issues differ from the ozone layer precedents in important ways, including a greater degree of human reliance on fossil fuel energy, longer lead times, and demographic projections. Even if industrial countries significantly improve energy practices and reduce the rate of CO2 accumulation, energy dcmands in the developing world by the middle of the next century will resume atmospheric heating at threatening rates. New approaches are needed, and new ideas are on the table. There are proposals to provide the resources needed to encourage future energy strategies more in keeping with greenhouse-gas constraints. The recent Hague Declaration suggests that at least one major power might be willing to divest itself of the veto power for the sake of effective decisions to halt global warming. A major group of actors that have not yet been involaed in this issue are the multilateral and bilateral development institutions whose combined $40B annual budgets assume strategic importance in a world of indebtedness.