International Law Research Articles

Strengthening the Efficacy of the CSDDD through Private International Law

Strengthening the Efficacy of the CSDDD through Private International Law

Through an Hourglass Darkly? Navigating The Risk Landscape of the Reasonably Foreseeable Future

Abstract As refugee law has developed over time, broad authoritative principles have been espoused as interpretive aids to the refugee definition. The maxim that a well-founded fear of being persecuted entails a forward-looking appraisal of risk is one example. In some jurisdictions, such as Australia, the temporal yardstick of the reasonably foreseeable future has been introduced to guide decision-makers over the complex terrain of risk assessment. However, a close study of the case law reveals formulaic use, inconsistency and conflation of the standard with risk and its indicia—and if the standard is intended as a real risk heuristic this is far from clear or warranted. This study critically examines the reasonably foreseeable future notion in case law in Australia, including its origins as an imported, limiting standard of due diligence from other areas of international law. It signals refugee law’s vulnerability to the standard and cautions against applying the gloss of foreseeability and reasonableness as an unnecessary and obscure overlay to interpretation. It recommends instead the unadulterated real chance standard paired with narrative conventions on time, as strategies adopted in other areas of law to sensibly navigate the fraught notion of foreseeability. It proposes that the ordering of the definitional elements of well-founded fear, downstream of being persecuted, is critical to the analysis and, in simple terms, slow and deliberate thinking is required to pinpoint the temporal underpinnings of harm in relation to risk.

The Force Intervention Brigade in the drc, Civilian Security and Women Peace and Security

Abstract This article examines the UN Security Council (unsc) authorised Force Intervention Brigade (fib) in the Democratic Republic of the Congo (drc) and the component of the mandate that articulates civilian security as a rationale for justified force. In examining civilian protection (articulated as both civilian security and as the protection of civilians), we explore the parallels between the women, peace and security agenda and the image – versus the reality – of civilian vulnerability in the drc. In focusing on the narratives of civilian security we explore how the ten years of repeat authorisations for the fib replicate heteronormative and colonial tropes that have ultimately undermined security in the drc and, for international lawyers, undermine peacekeeping principles, authorisations of force, and understandings of consent. The contradictions between the Security Council’s commitments to addressing and preventing conflict-related sexual violence and the mobilisation of the fib are drawn on to demonstrate the ways in which gender simultaneously strengthens the Council’s legitimacy and yet produces few spaces of significant change from a feminist perspective. We conclude that not only is the legacy of the fib detrimental to women’s security in the drc given reports of sexual exploitation and abuse (sea) perpetrated by peacekeepers but that the fib has transformed peacekeeping away from peace, embedding militarised responses to a complex humanitarian crisis.

Violations Committed by Israel in Armed Conflicts Under International Humanitarian Law

Introductioan: War has various aims and objectives, including under the pretext of self-defense to defend life, family, honor or to defend one's nation, to ideological issues. The wars that occur also often violate international humanitarian law. One of them is between Israel and Hamas.Purposes of the Research: To find out violations of international humanitarian law committed by IsraelMethods of the Research: This research uses an normative juridical research method. Normative Juridical Research is research on Norms, Principles, Rules and Principles based on statutory regulations related to the problem being studied. The approaches used are the statutory approach, the conceptual approach, and case aprroach.Results of the Research: The results of the research show that according to international humanitarian law, violations committed by Israel in armed conflict involve actions that violate the principles of protection of civilians and civilian infrastructure. Humanitarian law, as set out in the Geneva Conventions, prohibits attacks on non-combatants and requires protection of vital facilities such as hospitals and schools, as well as access to humanitarian aid.

Analysis of Joint Property Division in Mixed Marriages: A Case Study of The Supreme Court Decision Number 1400 K/Pdt/2017 Perspective of International Private Law

This study seeks to evaluate the effectiveness of Indonesia's Law Number 1 of 1974 on Marriage, specifically concerning the division of joint property in mixed marriages that involve aspects of international civil law. Supreme Court Decree Number 1400 K/Pdt/2017 offers a key reference point, showcasing how Indonesian law has been applied to govern property division in these cases. The study applies a normative juridical approach to examine legal norms and standards, including legislative analysis of the Marriage Act and the Basic Agrarian Law. It also uses case-based methods to assess international civil law's impact, such as the principle of lex situs, which mandates that immovable property like land be governed by the laws of its location. This Supreme Court ruling reveals an attempt to balance Indonesian law with foreign property rights, ensuring that foreign nationals’ rights are acknowledged in property division. Such cases underscore the importance of reforming Indonesia’s mixed marriage laws to enhance legal clarity and fairness for all parties.

Infringing AI: Liability for AI-Generated Outputs under International, EU, and UK Copyright Law

Abstract The analysis of liability aspects facing Artificial Intelligence (‘AI’)-generated outputs under copyright and related rights has been overlooked compared to other issues connected to the development and use of AI. This study fills this gap by exploring pertinent questions under international, EU and UK law. Specifically, the study tackles actionable reproduction, allocation of liability, and availability of defences. The analysis ultimately shows that, while it is clear that each case will need to be decided on its own merits, the generative AI output phase raises several profiles of liability under copyright law. If the goal of policymakers and relevant stakeholders is to ensure the balanced and sustainable development of AI, then the issues related to the generation and dissemination of AI outputs need to be given ample attention and a greater role in the debate than what has been the case so far, whether it is in the context of risk assessment and compliance, licensing initiatives, or in contentious scenarios.

Interpretasi Hakim dalam Menyelesaikan Sengketa Pelanggaran Myanmar terhadap Konvensi Genosida

Introductioan: A case of international dispute between Gambia and Myanmar where both countries have ratified the Convention on The Prevention of The Crime of Genocide.Purposes of the Research: The purpose of the research is to identify the legal standing of the parties, analyze the judges’ interpretation of the dispute, and propose potential approaches to resolve this case.Methods of the Research: This research uses a qualitative approach to understand the issue under study, with legal analysis methods to evaluate legal aspects and case studies of Gambia vs. Myanmar.Results of the Research: Legal standing is important. With recognition as a legal subject and participation in international agreements. Then it can claim rights and demand obligations based on international law. In this paper, there are three relevant approaches that judges can use in resolving such dispute, namely geographical, political and humanitarian approaches. When the three are combined, it will enrich the legal analysis and possibly find the best solution for all international communities.

Perlindungan Hukum Terhadap Anak Korban Kekerasan Seksual Pada Konflik Bersenjata Non-Internasional

Introductioan: Cases of sexual violence against children in non-international armed conflicts have long been recognized as deliberate and systematic violence. After that, legal protection against violence becomes very important to provide not only in times of peace but also in times of conflict. Sexual violence committed in non-international armed conflicts is categorized as a war crime and a crime against humanity, especially for minors as victims. So it is necessary to implement legal protection for children as victims of sexual violence in non-international armed conflicts.Purposes of the Research: Examining and analyzing the legal protection provided to children as victims of sexual violence in non-international armed conflicts.Methods of the Research: The research was conducted through normative legal research with a legal approach to examine and analyze regulations relating to the legal protection of children as victims of sexual violence in non-international armed conflicts.Results of the Research: There are regulations relating to the protection of victims of sexual violence, especially children, committed intentionally by combatants in armed conflict. Legal protection, especially in non-international armed conflicts, is also part of the State's responsibility in resolving this case. So that there is implementation of rules related to the protection of human rights in armed conflict with all assistance from international organizations based on international humanitarian law which has provided legal protection for victims of sexual violence.

Navigating Intersectional Complexities: A Narrative Analysis of Syrian Refugee Women With Disabilities in Turkey

Refugee women with disabilities experience a multiplicity of insecurities before, during, and after their displacement, including exposure to violence during conflicts, barriers to their mobility, challenges along their routes to safety, difficulties in accessing rights and services in the host state, and hardships while navigating the means of survival in the host community. Despite the intertwined convergence of gender and ableism in exile affecting refugee women’s experiences, international and national laws and policies fail to address this intersectional reality. This study examines the lived experiences of Syrian refugee women with disabilities in Gaziantep, Turkey. Through an analysis of qualitative data with a narrative approach, the study not only depicts the interactions of gender, disability, and displacement that shape Syrian women’s lives but also contests the traditional discourse on their vulnerabilities. Through specific stories of Syrian women, this study highlights their strategies for survival and their future plans within the context of the intersectionality of the challenges they face.

Consumer Protection in Business Law: Conflict of Norms and its Implications under Article 18 of Law No. 8 of 1999 on Consumer Protection

Consumer protection is an important aspect of business law that often clashes with the principle of freedom of contract. This paper analyzes the conflict between Article 18 of the Consumer Protection Law (UUPK) and Article 1320 of the Civil Code (KUHPerdata) in the context of consumer protection in Indonesia. The norm conflict arises mainly in the use of standard clauses in standard contracts, which can harm consumers. John Rawls' theory of justice and Gustav Radbruch's theory of legal certainty are used to understand how the law can balance the interests of consumer protection and freedom of contract. In addition, technological developments and globalization also complicate the application of GCPL in electronic and cross-border transactions. The author suggests several legal strategies to address this conflict, including revision of laws, integration of technology, and harmonization of international law. In conclusion, effective consumer protection requires a balance between substantive justice and legal certainty and adaptation to technological change and market dynamics.

Conflict Resolution in Papua Using a Social Reconstruction Approach

The problem of High Social Gap in Papua is an indication of the causes of marginalization and discrimination against the Papuan people. The difference in perceptions of some Indonesian people at home and abroad regarding the armed separatist conflict is a push factor to corner the Indonesian government. Apart from that, the issue of the internationalization of the 1969 referendum mechanism, violations of Human Rights (HAM), and the management of Natural Resources (SDA) by multinational companies which did not have an impact on improving the welfare of the Papuan people also complement the opinion of the government's failure. Based on the background of the problem, this research uses qualitative research methods and a descriptive approach. The research results show that conflict resolution in Papua can be implemented through (three) things, namely the first, the gradual development of an Integrated Food Estate (IFE) according to traditional areas in Papua, which will indirectly support the realization of Territorial Resilience and the Universal Defense System (Sishanta). Furthermore, to ensure that all these processes are carried out well and continuously, it is necessary to form an Integrated Solution Center (ISC). To eliminate the issue of internationalization of Papua, it is necessary to implement International Defense Diplomacy (IDD) carried out by Indonesian government agents abroad to socialize International Laws which are the juridical basis that Papua is part of the Unitary State of the Republic of Indonesia (NKRI). By implementing all these recommendations, it is hoped that a peaceful and prosperous Papuan society will soon be realized.

Tanggungjawab Negara Arab Saudi Dalam Pelanggaran Terhadap Hukum Diplomatik

Introduction: Countries in the world that live side by side must establish cooperative relations with one another. Relations between these countries require various rules so as to give birth to diplomatic and consular provisions, namely in the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. However, it is undeniable that even though it has been regulated in such a way, violations of the provisions of international law cannot be avoided because they are closely related to human relations. For example, the violations committed by Saudi Arabia.Purposes of the Research: This writing aims to find out the violations of Diplomatic Law committed and the form of accountability that must be fulfilled by Saudi ArabiaMethods of the Research: Using Normative Legal Research Type. This type of research will be carried out by examining and analyzing primary and secondary legal sources that are related to the problem being studied using a statute approach, a case approach, and a conceptual approach.Results of the Research: Based on this research, it can be concluded that Saudi Arabia has been proven to have violated diplomatic law by violating various principles that regulate the course of relations between countries and the provisions of the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. Thus, based on the provisions of the Responsibility of States for Internationally Wrongful Acts, Saudi Arabia can be held responsible for its mistakes in the form of giving restitution, compensation, or actions that cause satisfaction, for example, a formal apology

STATE GUARANTEES FOR THE SAFETY OF OFFSHORE OIL AND GAS INSTALLATIONS WITHIN THE FRAMEWORK OF INTERNATIONAL LAW AND IMMIGRATION LAW - DOI: 10.12818/P.0304-2340.2024v85p201

Offshore oil and gas installations are independent structures that are vulnerable to disturbances and threats. Like ships, offshore oil and gas installations also have national flags and legal instruments that protect them. Under international law, offshore oil and gas installations are protected by the Rome Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Situated on the Continental Shelf 1988. It is noted that there have been several incidents of disturbances and threats that have occurred at offshore oil and gas installations around the world. Some events are well recorded and known to the public, while some events are not public consumption. So far, offshore oil and gas installation operators have received legal guarantees for the security of their installations both on the high seas and in the sea territory of a country based on international law, territorial law and the inherent law according to the citizenship of the offshore oil and gas installation. Through this paper, the author aims to explain the potential threats and disturbances at offshore oil and gas installations and concrete examples of events that have occurred. Another aim is to explain how international legal instruments and immigration law protect offshore oil and gas installations from these threats and disturbances. Through normative legal research, this paper describes a series of threats and disturbances and the international and national laws that have emerged to protect them and their application in the field.

Abdullah Saeed: Islamic Law, Human Rights and Women Towards Equality

This article aims to understand Abdullah Saeed's thoughts on Islamic law and human rights and how to harmonize Islamic law and human rights. As written by Abdullah Saeed, the problem related to human rights is a concern of Saeed because of the debate between Islamic law and human rights. It seeks to find a solution to how Muslims respond to the debate to reconcile human rights discourse with Islamic norms and values. This problem has given rise to international human rights instruments that affirm gender equality and protect women from discrimination. The emergence of human rights brought from the West, which is predicted to solve the problem of discrimination against women, is considered not to provide significant changes to women in the world because international law and its application in non-Western cultures are not in harmony with Islamic law and even become a controversial issue. This library research tries to examine Saeed's thinking and find solutions related to the debate on Islamic law, human rights, and gender equality. Possible reconciliation so that there will be a balance between international human rights and Islamic law.

Effect of The Implementation of International Maritime Law and The Quality of Ship Crew on The Prevention of Coastal Environmental Pollution with Ship Safety as a Mediation in The Bintan Island Area

: This study aims to investigate the effect of the implementation of international maritime law and the quality of ship crews on the prevention of coastal environmental pollution with ship safety as a mediating variable in the Bintan Island area. With a focus on the issues of the implementation of maritime regulations that are not yet optimal and the variability of the quality of ship crews, this study uses a quantitative descriptive method approach with a sample of 160 ship crews in Bintan Island. The standard theory in takingThe samples used in this study were obtained using the Nonprobability Sampling technique with Saturated Sampling. Data were collected through a questionnaire that measured the variables of the application of international maritime law, the quality of the ship's crew, ship safety, and prevention of coastal environmental pollution. Data analysis was carried out using Structural Equation Modeling Partial Least Squares (SEM-PLS) to evaluate the relationship between variables. The results of the study indicate that the application of international maritime law has a significant effect on ship safety and prevention of coastal environmental pollution. In addition, the quality of the ship's crew also affects ship safety and pollution prevention efforts. Ship safety has been shown to play a significant role as a mediator in the relationship between the application of international maritime law andquality of ship crews with prevention of coastal environmental pollution. The discussion of these findings indicates that increasing the implementation of international maritime law and improving the quality of ship crews can improve ship safety and reduce environmental pollution. Ship safety plays a crucial role in mediating this relationship. This study concludes that stricter policies and effective training for ship crews will contribute to the protection of the coastal environment in Bintan Island. The implications of these results emphasize the importance of implementing better maritime policies and improving the competence of ship crews to achieve optimal results in preventing coastal environmental pollution.

‘The Shipwreck of the Turks’: Sovereignty, Barbarism and Civilization in the Legal Order of the Eighteenth-Century Mediterranean

Abstract This article focuses on the consequences of a single major international affair — the shipwreck of a French ship carrying 165 Muslim pilgrims along the southern shores of Sicily in 1716 — to address two pivotal issues in the reordering of eighteenth-­century legal and political systems: the limits of domestic sovereignty in absolutist states and the status of non-Christian polities in the theory and practice of the law of nations. Both the time and place of this episode, which had a vast resonance at the time, have broad implications for how we write about the development of modern international law. While much of the debate on the maritime dimension of the eighteenth-century law of nations focuses on the Atlantic and the Indian Oceans, we spotlight the Mediterranean, where endemic corsairing activities coexisted with age-old diplomatic and day-to-day practices of accommodation and mutual recognition between Christian and Muslim polities. Here we draw attention to shipwrecks that occurred in foreign territorial waters and their heuristic potential for better understanding controversial issues of maritime law, such as the status of shorelines, neutrality and the law of the flag. Even after the Peace of Utrecht (1713–15), which is often regarded as a watershed moment in the history of international law, these rules were far from settled and shipwrecks continued to fuel legal and philosophical battles that extended well beyond the confines of the famous controversy between supporters of mare liberum and advocates of mare clausum. The close examination of the 1716 shipwreck leads us to challenge the land/sea divide as constructed by Carl Schmitt and demonstrate that territorial waters were objects of sovereign disputes in much the same way as land territories. We also show how the emerging Eurocentric discourse about the ‘barbarity’ of non-Christian peoples and nations coexisted with intellectual, economic and diplomatic forces interested in establishing formal agreements between Western European nations, the Ottoman Empire and its North African provinces.

How a Nazi occupied India’s first chair in International Relations

Abstract This article contributes to disciplinary histories of International Relations (IR) by revealing a little-known history: how a Nazi diplomat, Curt Max Prüfer, occupied the first chair in IR in India. While the paper documents how Prüfer, a discredited diplomat, landed in Delhi through his connections with peripatetic Indian anti-colonial networks and spent slightly over two years as the first IR chair at Delhi University, it also makes broader claims about how we narrate disciplinary histories. Intellectual genealogies, the predominant way in which disciplinary histories are written, often miss the contingent factors that play a considerable role in the fashioning of the discipline. Contingency-filled narratives also point towards the fact that International Relations/Affairs, at least in its early period of formation, operated as a term of mythical heft – a placeholder to fit anyone with academic or practical expertise in varied fields such as international law, colonial administration, anthropology, diplomacy, history, political economy, and military strategy.

On the Doctrine of the Direct Effect of European Provisions Regarding the Requirement of Enforceability

This paper analyses the interpretation of direct effect in terms of its contribution to the development of an efficient European legal system. A precondition for efficiency is the enforceability of provisions. The concept of direct effect, interpreted on the basis of a questionably adequate understanding of the concept of monism taken over from international law, should enhance enforceability by disabling national agents to interfere or to perform the “handover” of rights from the EU level to citizens. Such understanding leads to the national practice applying direct effect in a simplified, plain, and bureaucratic way, and distancing from the substance of provisions. In the cases where, intentionally or not, direct effect/direct applicability are sometimes denied and sometimes recognised to directives and regulations, the CJEU shows how to deal with such situations occurring in the activities of the European regulatory institutions. To fulfil its purpose, national agents applying European law should deploy the underutilised but demanding “shield and sword” approach regarding direct effect. Such an approach, which requires almost equally intense engagement as in the case of indirect effect (also insufficiently exercised at the national level), should defend individual rights from both national and supranational unfavourable influences. In doing so, fundamental rights and general principles encouraged and taken care of by the CJEU, which are and should be the cornerstone of the EU legal system, and which are ultimately a justification for the Member States to embrace the principle of supremacy of European law, should be taken into account.

The Triumph of Soft Law in the Financial Sector: Can Non-binding Law Have Binding Domestic Legal Effects?

Examining the seemingly simple question of whether guidelines in the financial sector are mandatory reveals a highly complex landscape for supervision of the financial sector across the European Union, where international and national financial law enter collision and the participants come to the table with differing mandates/expectations. The article addresses the results, with focus on banking regulation, wherein the European Banking Authority and, in Estonia, the Financial Supervision and Resolution Authority are among the main guideline-issuers. The balance achieved is critical because the fines that the supervisory and resolution authorities can impose on banks for non-compliance with mandatory rules can reach 10% of these entities’ total annual net turnover from the preceding business year. An effort to consider all of the relevant factors for understanding which side of the mandatory/advisory line the guidelines stand on, the article constitutes an attempt to initiate vital discussion of the environment created in the financial sector for soft law (i.e., guidelines), which may under certain circumstances take on a larger role than that soft law’s legal nature allows.

Preserving Secrecy within the Patent System to Safeguard Western Countries’ Technological Innovation

Russia’s aggression in Ukraine has brought patent-policy debates into sharp focus with regard to secrecy. Russian violations of international and multilateral agreements on intellectual property have drawn significant attention and highlighted potential risks pertaining to safeguarding of technological innovation by Western countries, not least European Union member states. Against this backdrop, the article reflects on the secret-invention regulations in place and opportunities to keep an invention secret under European patent law. While the concept of a secret invention may appear contradictory to the patent system’s primary aim – disclosure – secret patents are nothing new in the history of patenting. The paper presents a recommendation to expand the scope of secrecy in current patent law, thereby allowing Western countries to implement sufficient counter-measures in response to adversaries’ flouting of international intellectual-property law. The article directs particular attention to expansion of this secrecy’s scope to the technical description of a patent application involving dual-use inventions.