International Bodies Research Articles

Overcoming worldwide Marine Spatial Planning (MSP) challenges through standardizing management authority

In a continuation of the previous research published in Ocean and Coastal Management, titled “An authority for marine spatial planning (MSP): a systemic review”, this research aims to name the Marine Spatial Planning (MSP) management authority most capable of overcoming some of the numerous MSP implementation challenges faced worldwide. The modified Delphi method and the Soft Systems Methodology (SSM) were employed to posit the following questions: What characteristics should an MSP management authority possess? What level of governance should a MSP management authority possess in order to effectively coordinate and communicate with national, regional, and international bodies? Which authority, from the authorities already involved in MSP planning and implementation, best meets the proposed requirements? An analysis of the results from first few steps of the SSM helped elucidate the characteristics necessary of an effective MSP management authority. This information was then shared, via Google forms, with a panel of experts chosen to participate in our modified Delphi method-based questionnaires. The results of our study indicate that national-level Maritime Authorities (MAs) are best suited to act as the MSP management authority. It is, therefore, of paramount importance that governments entrust MAs with the duties of planning and nationally implementing MSP. Taking into consideration that MAs fulfil most, if not all, of the characteristics required of an effective MSP management authority, it would seem to be the most obvious choice.

Practice, evolution and protection of human rights through the International Court of Justice jurisprudence

The present work tries to analyze the relationship or not of the protection of human rights from the International Court of Justice. It is a work based on jurisprudence and the dissenting opinions of the judges of the Court that with the help of the doctrine we will try to arrive not at certain conclusions but to open the way to new discussions that have to do with juridical positions that put in practice new ideas of approach to protect human rights from an international body and always remaining a topical and continuously developing topic for the next few years. This investigation has excluded cases of state liability, the use of control mechanisms and correlated ordinances for humanitarian purposes in relation to human rights.

Impact of the policy framework and institutional setup on urban water supply in Malawi: The case of the Lilongwe Water Board

AbstractAccess to safe drinking water has been recognized as a basic human right globally by various international bodies and commissions. Sub‐Saharan Africa, in particular, has proven to have insufficient water access in the urban areas because population growth and rapid urbanization are overtaking the already inadequate infrastructure, and disparities in potable water availability are widespread. An enabling policy environment coupled with decentralization has been highlighted to positively affect water service delivery. The study examined the policy and institutional frameworks that exist for urban water supply in Malawi and their interactions with each other as well as with the water utility, Lilongwe Water Board. Data were collected through key informant interviews with officials from institutions involved in urban water supply and through literature review. Content analysis coupled with thematic analysis was used to analyze the data for key emerging themes. It was found that there is poor coordination between the board and the Lilongwe City Council, which is exacerbated by the existing conflicting policies on institutional roles and jurisdictions in urban water supply. Low participation in joint activities and the long bureaucratic process affect Lilongwe Water Boards' efforts of service delivery. There is a need for both a separate water supply policy and a regulatory body for water service delivery to ensure good water supply. Recommendations for future work on the setup of the water utility itself and the impact on urban water supply were also made.

A fairer and more resilient multilateral trading system will require a reinvigorated WTO

AbstractThe multilateral trading system, first established formally in 1947 with the goal of bringing about sustainable peace and greater prosperity through increased cross‐border commerce underpinned by globally agreed upon rules, has contributed significantly to economic development and reduced poverty. However, as the global trading system enters the 2020s it cannot rely on past success and must adapt to a rapidly changing world, one that requires both more and different kinds of inclusion in order to address new challenges around inequality and global economic and geopolitical shocks. To address these new challenges the World Trade Organization (WTO) must be updated and reformed by its member governments, who must also recognise that many current global challenges have linkages across trade, tax, environment, and health areas which require increased coordination across global bodies. Further, the challenges of growing domestic inequality in many countries, while a domestic policy concern, will have significant impact on the political will to undertake the necessary updating and reform of the multilateral trading system and the required enhanced coordination with other international bodies and agreements. The recent positive outcomes from the WTO's 12th Ministerial Conference in June of 2022 show that global cooperation on trade issues is possible. Building on this success, the WTO can reshape itself to be fairer and more resilient and better able to address current global and domestic challenges.

Historical Rights of States to Maritime Water Areas and the Legal Status of the Sea of Okhotsk

INTRODUCTION.Based on the study of the international law, doctrine and practice of states, the article analyzes the content of the institution of the historical rights of the state to the sea areas, its correlation with the provisions of the 1982 UN Convention on the Law of the Sea, as well as the legal status of the Sea of Okhotsk and the possibility of its adjustment in in the context of a possible statement by Russia that it has historical rights to its water area. MATERIALS AND METHODS.The issues raised in the article are structurally divided into three main groups. The first one is related to the study of the rea­sons for the emergence of the institution of historical rights of states to maritime areas in the international law of the sea, as well as its correlation with the legal mechanisms for the delimitation and use of maritime spaces defined by the 1982 UN Convention. The second is devoted to studying the structure of this institution and definition of the concept and content within its framework of such key notions and categories as “historical bays”, “historical waters”, “historical legal foundations”, “historical title of the state” and some others. The third group is directly connected with the definition of the fundamental possibility and potential scope of the extension of the Russian Federation historical rights to the waters of the Sea of Okhotsk. RESEARCH RESULTS.When writing the work, the authors proceeded from the fact that despite the limited potential of Russia's possible actions to defend its his­torical title to the Sea of Okhotsk, they can not be considered unpromising in the foreseeable historical per­spective. At the same time it should be borne in mind that the way to achieve success in solving this problem should not lie in declaring its water area an inland sea or historical waters of Russia, but in legitimizing by our state a number of its exclusive historical rights in this maritime area based on Russia's vital interests. DISCUSSION AND CONCLUSIONS.The content of the institution of the historical rights of states to maritime spaces, as well as the new political reality, give the Government and the State Duma of the Russian Federation all the necessary grounds for raising the question of a partial change in Russia's position on the legal status of the Sea of Okhotsk and the development of a new strategy for upholding Russia's historical rights to its water area, as through the adoption of unilateral internal legal acts, and through the implementation of a consistent policy to disseminate and uphold this point of view in international relations within the framework of negotiations with foreign states and the activities of relevant international bodies and organizations.

CSOs Addressing Women in Agri and the Pandemic: On Actions, Issues, and Solutions

The beginning of 2020 witnessed the global spread of COVID-19, a non-traditional threat that has since affected every part of life in all countries. In response to this non-traditional threat, national and international governments and bodies have toiled to implement targeted measures to contain the spread of the pandemic, causing many official activities and events held online, the notable example being education institutions and civil society organizations outright opting to conduct their programs online for about a year. This entire process has created challenges for each sector; however, CSOs have been faced with a distinct set of difficulties arising from this non-traditional threat in terms of their practical functionality due to the conventionally central role of face-to-face interactions in their organizational activities. This study determines the current state of two civil society organizations working to address the needs of women in Agri along with the issues they have encountered and the solutions they have come up with during the pandemic. The study employed semi-structured interviews held during face-to-face meetings with the presidents of both CSOs. The interviewers asked 10 questions to them. The study primarily found that CSOs had suffered a negative impact due to the pandemic.

Cohabitant protection on relationship breakdown in Ireland: A lesson in illusory justice?

Abstract The issue of how best to respond to the needs of cohabitants on relationship breakdown continues to generate significant discussion. Law reform and parliamentary bodies in jurisdictions as disparate as England and Wales, Scotland, New Zealand, and Alberta, Canada have each recently reflected on their laws in this regard, advancing proposals for reform. Almost all of these international bodies considered the statutory cohabitation scheme adopted in Ireland. However, despite being in place for over a decade, there has been no thorough examination of emerging case law under its Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 nor any investigation into the effectiveness of the system in protecting vulnerable cohabitants on relationship breakdown. Relying on the latest jurisprudence and available data, this article takes the first step in addressing this lacuna in the literature. Having identified serious limitations in the regime, particularly its stringent eligibility requirements, it presents the first meaningful research to tease out how the Irish scheme could be improved and presents a proposal for reform.

A Changed Constitutional Perception of International Law: Demonstrating the Move Ahead With a Turned Back Head?

Abstract Russia has entered a new epoch in its attitude to international law by adopting two small amendments to the Constitution. The 2020 Law “On an Amendment to the Constitution of the Russian Federation” introduced a package of numerous modifications. A few key ones deal with international law. Formally, they relate to the very particular issue on the possibility of refusing to comply with the decisions of international jurisdictional bodies, but in essence, they reflect a fundamental change in the country’s attitude to its obligations in the international community and the role of international law in general. The article assesses the significance of these amendments for the Russian legal system and shows the origins of such a change which was first indicated by the decision of the Russian Constitutional Court (RCC) and the federal constitutional law in 2015. Now this change is incorporated into the Constitution. Supporters of the changes are trying to assure that Russia follows the experience of western countries that conduct a similar policy towards the international courts. The article asserts that the argumentation used in such statements is incomplete and inexact; the real situation of relations between western countries and these courts is different. Russia is essentially the only country with an approved position on the acts of international jurisdictional bodies. It is shown that ensuring the supremacy of the Constitution by the amendments is senseless from a legal point of view. The true meaning of them is to erect barriers to “inconvenient” decisions of international bodies. Failure to comply with them entails a violation of obligations under international law. The amendments are to illustrate a demonstrative movement forward, presumably in line with current realities but in fact, this is a movement with a head turned back, a returning to the past. This policy has already become one of logical steps to Russia’s withdrawal from the Council of Europe (CoE).

International human rights law and the intangible face of ageism

PurposeThe purpose of this paper is to show the potential of international human rights law to raise awareness of the international community about ageism and its three aspects – old age discrimination, stereotyping and prejudices against older persons. The author evaluates the ability of international human rights law to encourage states to take action against these phenomena and looks for new solutions. The author also intends to examine if there are international law instruments compelling states to reject stereotypes and prejudices on older persons if there is no treaty devoted to them.Design/methodology/approachThe author applies methods relevant to legal science. The core human rights treaties, soft law documents and activities of human rights bodies are selected, analysed and interpreted.FindingsThe core human rights treaties require going beyond their literal interpretation to observe older persons' rights. States should interpret them in good faith, relying on the ageing mainstreaming approach. Instruction to states on how to do so lies in the soft law and output of the international human rights bodies. However, there is also room for improvement. Therefore, the author proposes adopting a targeted resolution on counteracting ageism and its components, updating positions by international treaty bodies, and involving various human rights procedures and specialised agencies in the fight against intangible dimensions of ageism.Originality/valueIt is the first study analysing awareness about stereotyping and prejudices against older persons from international human rights law. The author indicates untapped possibilities of the fight against ageism and its intangible dimensions under international law.

Yuridiksi dan Implementasi Kewenangan Mahkamah Internasional Dalam Sengketa Laut Indonesia

In maintaining its territorial sovereignty, the state often faces problems regarding its maritime territory, which resulted in a sea dispute among them. When a country experiences a sea dispute, it should resolve it peacefully, as stated in Article 279 of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. Until now, many countries have experienced sea disputes and then resolved them. With procedures through the International Court of Justice. The International Court of Justice is the main organ of the judicial or judicial institutions of the United Nations, as stated in Article 92 of the Charter of the United Nations. In carrying out its role as an international judicial body, the International Court of Justice has jurisdictions; namely, it has jurisdiction in deciding cases of dispute (Contentious Cases), and it has jurisdiction in providing legal advice and opinions (advisory opinions). The jurisdiction of the International Court of Justice in deciding contentious cases has been implemented in sea disputes that Indonesia has experienced

Shé:kon yónnhe ne Kayanerekó:wa tahnon ka’nikonhrí:yo; Rotinonhsyóni wa’ontateri’wanontonhse’ tsi yontatekwenyénhstha’ raotiríhwa, 1924–1977 The Great Law of Peace is Still Alive and Well; the Haudenosaunee Confederacy Asked Them to Respect Their Business, 1924–1977

ABSTRACT This article examines the non-linear and often backwards development of universal human rights for Indigenous peoples in twentieth-century North America. It criticizes the failure of international bodies dedicated to upholding the so-called universal human right to self-determination in the wake of a Canadian military coup at Six Nations of the Grand River in 1924. By assessing the legal grounds upon which the Haudenosaunee Confederacy has repeatedly argued the need for international intervention, to both the League of Nations and the United Nations, the article asserts that international law has perpetually denied the Confederacy equal nationhood status on the world stage, despite meeting all recognized (and quasi-legal) criteria.

DIGITAL INCLUSION FOR ENTERPRISES, JOBS AND VULNERABLE PERSONS

“Digital transformation of micro-enterprises in Ghana” reports on a study undertaken by Karanasios, Senyo and Effah, associate professors who sought to better understand how resource-poor micro-enterprises in developing countries adapted to COVID-19. They examined how micro-enterprises in Ghana were able to leverage and combine a range of low-cost or free digital technology – such as WhatsApp, Instagram and mobile money – to reimagine their business while managing their resource constraints. They interviewed 47 participants across 34 micro-enterprises, government agencies and technology firms. They also drew upon key reports and data from national and international bodies. Also, the study was driven by the need to improve e-business usage and digital financial inclusion of the MSMEs of the COMESA region. The study aimed to develop and test a framework that augmented digital financial inclusion through e-business usage among MSMEs. The specific objectives were to examine the dynamic trend of e-business adoption among MSMEs of the region, to analyze the factors affecting their adoption of e-business, and to examine the impact of e-business adoption on digital financial inclusion among them. This century is characterized by great innovations in technology. However, not everybody is connected. Gaps persist between individuals when accessing and using various digital technologies. Vulnerable people are more affected. The study aimed at discovering also factors that influence digital inclusion for the vulnerable people in the economies some countries in Africa.

Podstawa prawna sporów sądowych w odniesieniu do umów międzynarodowych zawartych przez Unię Europejską z Kazachstanem i Armenią

In the context of inter-institutional litigation concerning the legal basis of the European Union acts which have a constitutional significance, cases which call into question the dividing line between the external action of the European Union in areas covered by the Treaty on the Functioning of the European Union and the Common Foreign and Security Policy enshrined in the Treaty on European Union have become increasingly important following the entry into force of the Treaty of Lisbon. The two cases under review constitute a new stage in the dispute between the European Commission and the Council of the European Union concerning the appropriate legal bases for the conclusion and implementation of the “new generation” partnership agreements. In both cases, the Court of Justice of the European Union was called upon for the first time to rule on the demarcation between the competences falling within the Common Foreign and Security Policy and the competences falling within the Treaty on the Functioning of the European Union in the context of the implementation of one of these agreements, specifically with regard to the adoption of a decision under Article 218(9) of the Treaty on the Functioning of the European Union, by which the Council establishes the European Union’s position within the body set up pursuant to that agreement. The Court of Justice of the European Union therefore had to rule whether the position taken by the European Union with regard to decisions taken in an international body is to be determined by the Council unanimously or by qualified majority in accordance with Article 218(9) of the Treaty on the Functioning of the European Union. This issue is of utmost importance as the decision-making system of the Council of the European Union depends on its determination.

On the normative equivalence paradigm in cyberspace

Constant evolution of communication technology and expansion of Cyberspace has had a pervasive effect on all areas of human life, activities and interactions, that law unsuccessfully tried to regulate. Cyberspace was for a long period of time considered uncharted territory, an unlimited and open space outside the control of States and the limits on the admissible or accepted conduct of states and other stakeholders were blurred. In this context, the most important challenge and pressing need is to identify normative guidelines applicable in this environment considering its specific features (being unlimited, world-wide availability, anonymity). The aim of the paper is to challenge the elements of the so-called normative equivalence that was developed by several international bodies first in relation with human rights safeguards and extended as generally applicable with some special approaches at the level of the European Union (protection of personal data, strategy on cybersecurity) which will not be addressed.

Shanghai Cooperation Organisation (SCO) and Grand Strategy of PRC: Some Observations

Being the most populous country and the second biggest economy in the world, the PRC (Peoples Republic of China) is one of the most consequential State Actors in the contemporary international order/system by any yardstick. Like other great powers she follows a strategic vision or grand strategy to accomplish her aims. Meanwhile, importance of SCO (Shanghai Cooperation Organisation) can be gauged from the fact that this relatively new international body, set up in 2001, accounts for 60% of the land mass and 45% proven energy reserves in the world. In this essay I would like to analyse how SCO fits into the Beijing's foreign policy framework and Grand Strategy and whether the different aims and goals of the SCO are aligned with PRC’s interests and objectives.

Reflections on some aspects of how the Public-Private Partnerships are building the Country: the Albanian case in a comparative view

Public-private partnerships are one of “the hottest” topics in Albania at the moment for their wide application and the problems related to them. In recent years, Albania is increasingly using these forms of Public-Private cooperation, to help to develop the country both in terms of infrastructure and services. Due to the great importance of their application, national political actors and international bodies are becoming more and more alert to the problems that these forms of cooperation are showing, in order to be able to solve the most acute and immediate problems in this direction, also in the framework of membership of Albania in the EU. For this purpose, this paper analyzes some aspects of the legislation and operation of PPPs in the country in a comparative view with the legal framework of the EU and some European countries. In this paper, are used several scientific methods such as the analytical, comparative and data collection methods also taking into account the primary and secondary sources. The conclusions and recommendations of this paper are related to the positive evolution that this institute has already had and should have in Albania in terms of legal regulation and increased transparency of PPPs procedures, but also to the problems that appear in relation to corruption in tender procedures, the weakness of institutions, the lack of the capacity of the PPC and the Administrative Court to deal with the large number of appeals in this field etc.

Synergistic fight against future pandemics: Lessons from previous pandemics.

The history of pandemics spans centuries and has had a profound impact on human health, societies, and economies. Pandemics have caused fear, panic, and significant morbidity and mortality rates throughout history. From the Athenian Plague in 430 BC to the ongoing COVID-19 pandemic, infectious diseases have posed a continuous threat to global health systems. The transition from hunter-gatherer societies to agrarian communities, increased trade and interaction between humans and animals, urbanization, travel rates, and the impact of a growing human population have all contributed to the emergence and spread of infectious diseases. Climate change and changes in land use further affect the transmission of pathogens and the distribution of disease-carrying vectors. Lessons from previous pandemics include the importance of early diagnosis and response, global cooperation and collaboration, strengthened healthcare systems, preparedness planning, public health education and communication, research and development, and adaptability and flexibility in response strategies. These lessons emphasize the significance of timely identification, swift action, sharing information and resources, investing in healthcare infrastructure, preparedness planning, effective communication, research advancements, and the ability to adapt measures as pandemics evolve. In addition, the COVID-19 pandemic has reinforced the need for a collaborative and coordinated global response to future pandemics. Governments, international bodies, healthcare organizations, and individuals could learn from the lessons of the past and apply them effectively to combat and mitigate the impact of future outbreaks. By prioritizing all the recommendations stated, the world can synergistically protect public health and minimize the devastating consequences of pandemics.

Guarantees of human and citizen rights and freedoms in Ukraine and foreign countries

It is substantiated that at the current stage of the formation of Ukraine as an independent, democratic, legal, social state, the issue of guaranteeing the rights and freedoms of a person and a citizen has become particularly relevant. In the context of European integration, relevant experience in guaranteeing human rights accumulated in developed, primarily European, states is important for Ukraine. The purpose of the article is to summarize scientific positions on the definition of the concept of «guarantees of human and citizen rights and freedoms» and to systematize the types of guarantees by classification. It has been established that an effective system of domestic guarantees of the rights and freedoms of a person and a citizen is enshrined in Ukraine and in foreign countries at the legislative, primarily constitutional, level. It covers the following types of guarantees: general and special; legal, economic, political and organizational; material, procedural and organizational-legal (institutional) (it was found that the ombudsman institute plays a special role among them); judicial and extrajudicial. A special place among these guarantees is that the order, grounds and limits of the restriction of human rights and freedoms are established. It is proved that the classification of guarantees based on domestic constitutional and legal science is consistent with the classification developed in European law. It has been established that special attention in national and European law is focused on judicial protection as a human right and at the same time a guarantee of other human rights. It was established that domestic guarantees are complemented by international legal guarantees of human rights and freedoms. Among them, it is possible to single out international acts that directly enshrine human rights, as well as international bodies, organizations and institutions designed to ensure and contribute to the protection of these rights. It has been confirmed that the content of human rights guarantees provided for by Ukrainian legislation is based on international and European human rights standards. The definition of guarantees of human rights in democratic states is formulated as a whole set of legal and institutional means of domestic and international legal nature, judicial and extrajudicial, actually constitutional guarantees.

Evolution of the concept of genocide through the lens of modern “memory wars”: International legal and intrastate dimensions

The article examines how the concept of genocide has evolved at the international and national legal levels, beginning with its origins at the doctrinal level and culminating in international conventions and national regulatory acts. Challenges regarding the definition of genocide and ambiguous interpretation of genocide in relation to crimes against humanity were identified. It is demonstrated that international justice bodies interpret the concept of genocide differently. The study concluded that humanity did not fully utilize the potential of the United Nations and International Criminal Tribunals in order to develop a joint measured approach to assessing historical events, specifically World War II and the genocide in 1939–1945, in the context of actualizing history and triggering memory wars. The positions of states to consolidate the crime of genocide in criminal legislation are considered: compliance with the definition of genocide in international conventions, extension of the list of groups against whose members the genocide can be committed, leaving the list open as to which groups can be included. The preferences of the second option are shown. Examples of states turning to the facts of genocide committed in the past are given (for instance, Armenia towards Turkey, Namibia towards Germany, Poland towards Germany and Russia, Russia towards Germany and its allies during World War II), and it has been suggested that the material responsibility of states cannot be applied to events before 1945, since the desire to avoid it leads to non-recognition of political international-legal responsibility.

Decisions of international judicial bodies in the context of implementing international treaties

Decisions of international judicial bodies in the context of implementing international treaties