International Judicial Bodies Research Articles

International Laws and their Implications for Sustainable Growth

This paper sheds light on how international laws embrace global sustainability goals. Sustainable development has become a focal point in numerous international treaties and conventions, featuring in over 300 agreements, both binding and non-binding. It's widely acknowledged that environmental laws, intertwined with social and economic factors, lay the groundwork for sustainable development objectives, potentially guiding judicial decisions. There's evidence suggesting that international judicial bodies have considered sustainability considerations in their rulings. Furthermore, the paper delves into strategies for tailoring these objectives to fit regional and local contexts, drawing insights from the practices of neighboring countries. This approach seeks to deepen our understanding of how to effectively integrate sustainability goals across various levels of governance.

Some issues of the status and functioning of the United Nations human rights monitoring mission in Ukraine

Today, the United Nations plays a leading role in the development of international law and cooperation among the world's states. Member states have pledged to realize their rights and fulfill their obligations under the UN Charter. The main objectives of the UN are envisaged in Article 1 of the Charter, where the key provision relating to human rights is reflected in paragraph 3 of Article 1. According to it, the UN aims to achieve international cooperation in solving international problems of an economic, social, cultural and humanitarian character and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction of race, sex, language or religion [1]. As it can be seen, the Charter only calls on states parties to promote the protection of human rights, without establishing clear obligations to protect and guarantee them.
 Since 2014, i.e. since Russia launched its war against Ukraine, the aggressor has not stopped committing crimes against our country and our people. Russia's actions encroach not only on the sovereignty of our state, but also on human rights and freedoms. Under such circumstances, the international community cannot stand aside from these events. Many international human rights organizations have offices in Ukraine. Among them is the UN. On 31.07.2014, the Government of Ukraine and the Office of the United Nations High Commissioner for Human Rights signed an agreement on the deployment of a short-term UN human rights monitoring mission in Ukraine.
 The legal status of UN monitoring missions in legal science has not been the subject of a separate study. Certain aspects of the activities and competence of such missions have been considered in the works of such scholars as I.A. Shumilo [14], F. Megre [13], K. Boyle [12] and others, which are devoted to the coverage of international mechanisms for the protection of human rights and freedoms, the status of the UN General Assembly and the UN Human Rights Council. Therefore, the task set out in this article is to analyze and establish the specifics of the legal status of the UN Human Rights Monitoring Mission (hereinafter - the Mission), in particular, the one established for Ukraine, and the limits of the Mission's powers under the UN Charter, UN General Assembly resolutions, and international agreements between UN agencies and Ukraine. Therefore, the relevance of this article is beyond doubt. It has been established that the purpose of the Mission is to facilitate cooperation between the Government of Ukraine and the Office of the United Nations High Commissioner for Human Rights (hereinafter - OHCHR)[2] and it plays the role of a subsidiary mechanism for the protection of human rights and freedoms within the UN. The conclusions of the mission will undoubtedly serve as a convincing additional evidence base for Ukraine in international judicial and other bodies in protecting its interests and establishing the guilt of the Russian Federation for actions committed against our country.

Legal regulation of economic security of Ukraine under the establishment of Industry 4.0

Problem setting. The conditions of the modern digital era impose new requirements on the efficiency of national enterprises. Industry 4.0 involves digitization and automation of production processes and management at enterprises of the real sector of the economy to increase labor productivity, reduce costs, flexibility and adaptability of production systems, and the effectiveness of cooperation in the value creation chain. At the same time, with the possibilities of Industry 4.0 technologies, there are threats to economic security, which requires the development of a strategic vision and legal regulation of security in the digital economy. Analysis of recent researches and publications. The analysis of scientific publications of domestic scientists on the topic of the study showed that there are two opposite groups of works. The first group of researchers analyzes the risks and threats of Industry 4.0 for the economy; however, the authors do not provide recommendations for ensuring economic security in the digital economy. The second group of scientific publications is devoted to general issues of ensuring the economic security of Ukraine, in particular in the legal sphere. However, they hardly pay attention to threats from digitalization. Purpose of research is the development of theoretical provisions and practical recommendations regarding the improvement of regulatory and legal regulation of ensuring the economic security of Ukraine in the conditions of the formation of Industry 4.0. Article’s main body. The work examines the essence of Industry 4.0, the possibilities and advantages of introducing digital technologies into management and production processes, the risks of digitalization and threats to the economic security of Ukraine, the feasibility of improving the legal regulation of economic security in the conditions of the introduction of digital technologies is substantiated. During the analysis of legal acts, the lack of a strategic vision of ensuring economic security against the threats of digitalization, an insufficient list of security indicators for assessing the consequences of digital transformations, and the threat of Ukraine’s financial and technological dependence on developed countries were revealed. The basic principles of the formation of state policy in the field of economic security are substantiated: the rule of law, the priority of protecting economic sovereignty, the correlation and comparability of national and international legislation, adequacy, expediency, meaningfulness, rationality, timeliness and effectiveness of regulatory measures, mutually beneficial conditions of international cooperation, equality of opportunities for residents and nonresidents, stimulation of the domestic economy, sequence of opening of the national economic system for the EU economic system, priority of protection of strategic sectors of the economy, recognition of the jurisdiction of international judicial and arbitration bodies. It is proposed to improve legal regulation in terms of expanding the principles of state policy formation in the field of economic security, revising the methodology for calculating the level of economic security of Ukraine, regulating the provisions on the development and implementation of the Strategy of Economic Security of Ukraine, establishing threats from digitalization and determining the corresponding tasks to overcome them in each sphere of economic security. Conclusions and prospects for development. The implementation of Industry 4.0 is associated with significant threats to national economic security, which requires the development and implementation of a state policy to ensure security in the field of the digital economy. The developed recommendations for improving legal regulation will allow to more effectively ensure economic security in Ukraine. Further directions of research consist in the development and scientific substantiation of measures to ensure economic security in conditions of digitalization, improvement of legal support for their effective implementation.

PROBLEMS OF INTERACTION BETWEEN THE STATE AND RELIGION THROUGH THE PRISM OF THE CONFLICT BETWEEN NATURAL AND POSITIVE LAW

The article attempts to outline the current state of the conflict between the state and the individual as a bearer of a unique religious experience. With the help of references to the judicial practice of national courts and international judicial bodies, attention is focused on the points of confrontation between the natural human right to freedom of religion and the positive rights of the citizen, the fulfillment of which is required by the state.

Climate Change Litigation before International Human Rights Bodies: Insights from Daniel Billy et al. v. Australia (Torres Strait Islanders Case)

Abstract The article examines Daniel Billy et al. v. Australia, also known as the Torres Strait Islanders case, decided by the United Nations Human Rights Committee. The case stands out as the first instance in which an international (quasi-) judicial body has found human rights violations in the context of an individual complaint concerning climate change. The article sets out three main considerations arising from the case. First, it delves into the specificities of the case in relation to some of the common constraints to climate complaints before international human rights bodies. Second, it outlines the distinctive aspects of human rights arguments when applied to climate change adaptation, as opposed to mitigation. Third, it underscores the need to further investigate the multidimensional impact of climate change litigation before international human rights bodies.

Analysis of Green Liability on Environmental Damage--State Responsibility in International Investment Law

Long before the birth of international environmental law, disputes over transboundary environmental damage have long existed in global trade and investment. Since the promulgation of the Rio Declaration on Environment and Development, with the arrival of the Period of Liberalization in international investment, the environmental issues involved in cross-border investment have skyrocketed, and international judicial bodies such as the International Court of Justice and the International Tribunal for the Law of the Sea have adjudicated a number of disputes over transboundary environmental damage. These post-Rio transboundary environmental damage disputes are characterized by complex afflictions, wide scope and serious damage. At this stage of adjudication, international judicial institutions have not developed relatively stable standards, principles and systems for ex post facto remedies for transboundary environmental damage. From the perspective of state responsibility, this paper analyzes the issue of transboundary environmental damage theoretically and practically, and explores the attribution, standards, and requirements of responsibility for cross-border environmental damage arising from international investment and the formation of the ex post facto remedy system, in order to provide reference for the establishment of a more sound and refined remedy mechanism of transboundary environmental damage in future international investment practice.

The Attempt to Universalise Domestic Jurisdictions: International Criminal Justice and Russia

INTRODUCTION. Over the past two decades, the Western bloc has intensified pressure on Russian Federation through attempts to expand its area of influence as well as to interfere in the domestic affairs of Eastern Europe countries. Russia's response to what it perceives as a threat to its interests has been met with recourse to all available means, including international criminal justice. This paper proposes the identification of legal proceedings brought in the last decade before the International Criminal Court and critically examines the possibility of triggering domestic jurisdictions against Russian or Ukrainian citizens associated with Russia, in order to assess the legality of the ongoing actions and the solutions that international law presents.MATERIALS AND METHODS. This paper first gives a brief overview of international justice cases started in the last decade against the Russian Federation and persons allegedly associated to Russian interests. It will then go on to focus the analysis exclusively on international criminal justice aspects, which are of interest because of the potential friction they may cause for international peace and security. Highlighting previous international courts decisions as well as the evolution of customary law, the fourth chapter is concerned with the activity of the International Criminal Court worldwide and the attempts made by the Western bloc to expand the jurisdiction of the Hague-based court in order to increase pressure over countries out of Western countries sphere of influence. After an inroad into the particular features and dangers of the principle of universal jurisdiction, the last two sections will explore the peaceful means to settle international disputes as well as the final thoughts on the main focus of this study.RESEARCH RESULTS. Having in mind customary international law, the inherent nature of treaty law and decisions derived from international judicial bodies, campaigns launched against the Russian Federation before criminal courts, regardless of whether they are national courts or they have an international mandate resulting from international treaties, are more able to aggravate the tension between Russia and the Western bloc than to settle any specific dispute between these two sides.DISCUSSION AND CONCLUSIONS. The results in this paper indicate that any unilateral attempt developed by a State or a group of States to pursue a campaign against third States and persons outside the UN environment in order to bring any of them to face justice under a specific group of States’ values and principles is deemed unlawful. Therefore, such State or group of States are only able to settle disputes through options that are less likely to increase the level of threat against international peace and security.

Legal Entropy in International Law

The article deals with the implementation of the principles and norms of international law. There are systematic violations and discreditations of the very essence of international law. Analyzing specific decisions and rulings of the European Court of Human Rights and political decisions of European states and the United States, we observe the possibility of developing and calculating the probabilities of compliance with the norms and principles of international law or their violation. We emphasize the foresight of Russia's policy of withdrawing from the European Convention for the Protection of Human Rights and Fundamental Freedoms.
 We analyze the term legal entropy and its correlation with the entropy associated with the transfer of information in information theory. In this paper, we will consider the limited randomness on the issues of interest, determine the spaces of possible options for implementing the norms and principles of international law for specific countries, events, decisions of international judicial bodies on the example of the ECHR. Here are hypothetical figures for calculating entropy for the occurrence of each of the expected developments of the event in order to see the most probable picture of what happened or the future.
 For the effective development of international law, it is necessary to introduce such a term as legal entropy, given that there is a stable correlation between jurisprudence and politics. This will allow for a more objective consideration of international law as a whole.

Peculiarities of interpretation of international treaties in the national legal system

The article analyzes the peculiarities of the interpretation of international treaties in the national legal system, defines the actual problems of implementation of the interpretation and ways to overcome them. Ukraine has joined a number of important international conventions that contain fundamental norms, in particular, regarding human rights. These norms are constantly developing and improving both through the practice of international judicial bodies and through the practice of foreign courts, whose decisions may contain important concepts. Therefore, Ukrainian judicial authorities should follow and apply modern trends and concepts of interpretation, which should lead to ensuring the proper protection of human rights.Without the correct interpretation of an international agreement, its correct implementation is impossible. The task of interpreting an international treaty is to clarify what the parties agreed upon at the time of concluding the treaty, and to clarify the agreed will of the parties embodied in the provisions of the treaty. Accordingly, an incorrect interpretation of an international treaty would violate the right to a fair trial.In Ukraine, the interpretation of an international treaty is carried out by the Constitutional Court of Ukraine and courts of general competence. The first feature is the use by the Constitutional Court of Ukraine to argue its positions not only of the norms of international treaties, but also of generally recognized principles and norms of international law. This practice is special in relation to the practice of courts of general jurisdiction and arbitration courts. This vagueness and incomprehensibility requires interpretation and supplementation in order to establish and guarantee the principle of legal certainty as part of the rule of law. And such an interpretation should reflect the spirit of the times and be based on modern methods and approaches that are rarely found in the decisions of national courts.On the basis of the conducted research, conclusions were made regarding the solution of the problems of interpretation of international treaties in the national legal system. The interpretation of treaties should be carried out primarily in accordance with the basic principles of international law. The interpretation must be conscientious, honest, and have common sense. The main object of interpretation is the text of the contract, including all its parts, that is, the preamble, annexes, as well as any agreement related to the contract, which was reached between all participants in connection with the conclusion of the contract.

국제재판소의 유엔해양법협약 제15부 법규범 형성에의 기여(원제목: ‘Judges Make UNCLOS Part XV’)

One of the greatest achievements of the Third UN Conference on the Law of the Sea was the introduction of the compulsory dispute settlement system into the United Nations Convention on the Law of the Sea (UNCLOS) as an integral part (Part XV). The introduction of the compulsory jurisdiction system was due to the shared need for comprehensive and effective dispute settlement mechanisms to prevent discretionary interpretation and application of the Convention. Thus, Part XV of UNCLOS maintains the overall balance and holds the whole structure of the Convention.
 Recently, the Part XV system of UNCLOS has been at the centre of controversies and debates among academics, which were mostly based on the views that tribunals have vigorously expanded the applicability of compulsory jurisdiction and that contradictions within the case-law have raised an inconsistency problem in interpreting and applying Part XV. However, the current thesis calls such criticisms into question. Instead, this research argues that the judicial findings concerning the compulsory dispute settlement system of UNCLOS can be analysed and assessed through the concept of judicial law-making.
 Among the different ways of understanding the concept of judicial law-making, this thesis considers that courts and tribunals may create and shift the normative expectations of other subjects of international law through the interpretation of a treaty. International judicial bodies’ interpretation of a norm in a treaty may inevitably affect all other states parties to the same treaty because their authority as judicial organs enables them to shape the meaning of the law and to make their decisions a reference point for other subjects of international law. In this regard, this thesis argues that judicial law-making may happen when international judicial bodies interpret the provisions of UNCLOS Part XV to find a way to apply the rules to actual cases.
 In brief, the present thesis will show what rules Part XV tribunals have created concerning the compulsory dispute settlement procedures of UNCLOS and how this system has developed through the clarification of norms by international adjudication. In this respect, this research will propose a different perspective on the study of the dispute settlement system under UNCLOS and the role of Part XV tribunals.

Correlation Between EU Ac Quis, Domestic Law and International Law in Light of Legal Governance of the European Patent with Unified Effect

Problem setting. The article is devoted to detection of the legal nature of the relationships between EU Member States’ domestic law and newly-created system of patent law governance, which comprises the Council Regulations 1257/2012 on implementing enhanced cooperation in the area of the creation of unitary patent protection and № 1260/2012 on implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements as well as the Agreement on a Unified Patent Court. The subject of this research are the potential challenges the enforcement of the EU law may pose to the Unified Patent Court, along with enforcing Contracting State’s domestic law and international treaties, binding to the Contracting States as well as potential threats that can emerge after the Unified Patent Court becomes operational, especially the threat of legal fragmentation in terms of patent relationships. Profound analysis of the rules, that set the procedure of using different types of legislation while hearing the patent disputes cases has been made. The legal opinions of the Court of Justice of the European Union concerning the autonomous judicial bodies and their influence on the EU law have been presented. Potential threats to the EU legal system’s integrity and possible ways of deterring them have been outlined. Comparisons between recent and previous legal problems concerning the field of the EU law integrity have been made. The main arguments of the Court of Justice of the European Union have been studied and the most durable ones have been stressed as the milestones of the future Unified Patent Court legal practice. Conclusions about the importance of domestic and EU law correlation in light of patent legal sphere have been made. The drawbacks of current EU legislation and the need for the Court of Justice of the European Union to reconsider its positions have been mentioned. Analysis of recent researches and publications. The problems of compiling EU rights and national rights of EU member states in the context of their use by EU institutions, as well as other bodies, in particular the ECHR, as well as the question of fragmentation of patent law, were raised by the following EU researchers: Kristof Krenn, Giuseppe Martinico, Jorg Polakiewicz, Sionaidh Douglas-Scott, Steve Peers, Douwe de Lange, Tatiana Komarova. Purpose of the research is to conduct a profound analysis of the problem concerning the use of EU law and other legal sources by the Unified Patent Court during its future legal practice and to study the bonds between the Court of Justice of the European Union, the Unified Patent Court and Contracting Member States and their role in the creation of the new legal framework. Article’s main body. The analytics of the EU patent law harmonization has been an object of attention of many researchers so far. For instance, Reto M. Hilty and the collective of authors, who studied the problem of enforcement of law, that forms the so-called «patent package», explicitly paid their attention to the question of jurisprudence fragmentation, the point of which is that as soon as the Agreement on a Unified Patent Court comes into force, several judicial bodies will cover the territory of the Contracting Member States with their jurisdiction simultaneously. Apart from the national courts, that will deal with the patents, issued by the domestic authorities, the following bodies will execute their functions: the Unified Patent Court on cases concerning the European patent with unitary effect, the Court of Justice of the European Union by issuing its preliminary opinions on the compatibility of the Unified Patent Court’s actions with the EU law and the Boards of Appeal of the European Patent Office by deciding on the administrative lawsuits. The problem of jurisprudence fragmentation entails a vast amount of problems, the answer to which can only be given by means of judicial practice. If we turn our view towards Article 7 of the Council Regulation № 1257/2012, we will notice that this article gives the European patent with unitary effect the meaning of property, that should be equally recognized throughout all the Contracting Member States. This aspect leads to an important conclusion, that will be discussed later in this paper. Conclusions and prospects for the development. To sum this up, it’s worth noting, that the beginning of the Unified Patent Court’s functioning, as well as the moment when the legislation, created by means of enhanced cooperation mechanism, comes into force, will certainly become a remarkable event both to the EU institutions and the Unified Patent Court, since it has the potential to become a strong incentive to reconsideration of current approaches to the cooperation between the EU and international judicial bodies.

Content and practical application of the principle of proportionality in international law

The presence of the principle of proportionality in separate branches of international law indicates that it affects its fundamental, ideological foundations and is related to international law as a whole. At the same time, despite the importance that the principle of proportionality has in international law, disputes regarding its content, the essence of the role of proportionality in theory and practice are still the subject of discussions. The article is devoted to the analysis of the practical application of the principle of proportionality in international law.
 In the course of the conducted analysis, it was established that the principle of proportionality in international law manifests itself in various forms and contexts. At a time when it plays a decisive role in the protection of human rights, in certain areas of international law the principle does not have clear boundaries, and the possibility of applying the three-stage verification causes reasoned discussions. Like the principle of justice, the principle of proportionality does not involve the mechanical application of norms and rules, but is primarily aimed at achieving reasonable and fair results in each individual case.
 It was established that the use of the principle of proportionality makes it impossible to refer to precedent judicial practice, since the result of its use depends on the specific context, existing circumstances and established factors. Basically, discussions about the application of the principle of proportionality revolve around spheres, the subjects of which disputes are not regulated by special agreements. This makes a uniform and simplified application of the principle of proportionality impossible, without canceling the need for its application. The above causes a general scientific interest in the peculiarities of the implementation of the principle in practice, namely: analysis of sanctions policy and reprisals in response to violations of international law; assessments of the role of proportionality in maritime disputes and disputes related to trade relations within the framework of the World Trade Organization, as well as bilateral protection of international investments; features of the application of the principle by arbitration courts and tribunals during the analysis of the actual circumstances of cases, etc.
 Despite the fact that the principle of proportionality has significant potential, its main drawback remains the dependence on the evaluation judgments of the subjects who apply it in practice. A significant flaw in the implementation of the principle of proportionality lies in the definition of the independence and independence of international judicial and other bodies in international law, their material, financial and other dependence on different states (for example, on the position of the countries in which the headquarters of these structures are located); dependence of judges and arbitrators on the countries in which they live or whose citizens they are, etc.

Legal Standing in Environmental Litigation before Regional International Courts in Africa and Latin America

This article compares the rules governing legal standing before selected regional international judicial and quasi-judicial bodies in Africa and Latin America from a perspective of environmental litigation. The focus is on active legal standing of private entities in contentious proceedings against states. The article sytematizes the rules governing legal standing into two broad categories: rights based and public interest litigation. Subsequently, the approach of each court will be analyzed on the basis of its procedural rules and jurisprudence. Several trends can be identified, including a tendency of human rights courts to move towards public interest litigation, a trend to grant non-governmental organizations a privileged position to initiate environmental litigation, and the development of Community rights based approached by courts for regional economic integration that could become relevant in the future.

Regulation of the Concept of "Electric Energy Power" in Acts of International Law and Decisions of International Judicial Instances

The subject of the study is the peculiarities of the regulation of the legal category "electric energy (power)" in international acts (regulatory and judicial). The object of the study is recognized as the international foundations of the legal regulation of the concept of "electric energy (power)", reflected in the sources of international law and in the decisions of international judicial bodies. The purpose of the scientific article is to substantiate the need to unify the norms of international law with a reflection of the generally recognized position regarding the concept of "electric energy (power)" and the formation of the author's vision of the definition of this term.The author examines in detail the positions regarding the understanding of this term in international acts of various international organizations and judicial instances, emphasizes the importance of international unification in this direction, expresses the author's position on the meaning of the dynamically developing spheres of activity and economy of each modern state. Each State is called upon not only to provide its citizens and their collective entities with electric power resources on a safe and uninterrupted basis, but also to implement these functions in international relations regulated by acts of international law. The importance of the unification of the concept of "electric energy (power)" as a tool for the approximation of the legislation of individual countries aimed at fst)" in the acts of international law is designed to ensure both energy security and the identity of national legal regulation by including in the sources of law to the maximum extent textually and essentially similar from a legal point of view categories and their definitions. A special contribution of the author is to conduct a detailed analysis of numerous acts of international law (normative, judicial), which include in their content the concept of "electric energy (power)", the characteristics of various positions, carrying out their comparative characteristics. The novelty of the research is reflected in the formation of an opinion regarding the understanding of the legal category "electric energy (power)", its reflection in the author's definition.

Some problems related to the supervision of the activities of the International Criminal Court

The article deals with the problems related to the supervision of the activities of the International Criminal Court, including some aspects of the activities of one of the mechanisms of control and supervision of the work of the International Criminal Court – the Independent Oversight Mechanism. The author examines in detail how the activities of the ICC affect the interests of the Russian Federation and other countries, and also analyzes the possibilities for the state to monitor and supervise the activities of the ICC if the ICC Statute has not been ratified and the country is not a State party. The author considers the recommendations made by the expert group concerning the work of the Independent Oversight Mechanism. The object of the study is the social relations developing in the field of activities of officials of international criminal justice bodies related to the work of an Independent oversight Mechanism. Topics related to the responsibility of officials of international judicial institutions, their accountability, as well as the control and supervision of their activities have been little studied. Meanwhile, although Russia is not a State party to the ICC Statute, nevertheless, the judicial acts of this international judicial body have an impact on the reputation of the state. The author comes to conclusions, firstly, about the need to develop scientific thought in this direction, in order to increase the effectiveness of protecting state interests, and secondly, about the possible consideration of an initiative to create an independent monitoring mechanism that would function within the framework of the UN Security Council.

Suffrage of persons deprived of liberty: positions of the European Court of Human Rights and the Constitutional Court of the Russian Federation

Recently, the importance of finding a clear and, most importantly, a stable balance between private and public interests has become increasingly important. Complex relations between countries, between judicial institutions, regional associations, state sovereignty, which has once again found itself in the place of globalization, are one of the few factors that force a different assessment of interstate interactions. The issue of the electoral rights of persons who are in places of deprivation of liberty in the domestic legislation of Russia and international law is regulated differently in the Russian Federation, persons who are serving time for criminal acts committed cannot use their active suffrage. This norm finds its formal consolidation in the Basic Law of Russia (Part 3 of Article 32). Protocol 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms in Article 3 does not formally reflect restrictions on subjects entitled to vote, defining only the requirement for States to hold free elections with reasonable frequency by secret ballot in conditions that ensure the free expression of the will of the people when choosing legislative authorities. It was this discrepancy that led to the issuance of a pilot resolution to Russia and the United Kingdom, which is in a similar position. The purpose of this article is to review the positions of the Constitutional Court of the Russian Federation and the ECHR to assess objectivity in the fundamental issue of respect for human rights and the right of the state to its own opinion. And although on September 16, the Russian Federation completed the procedure for denouncing the European Convention for the Protection of Human Rights and Fundamental Freedoms, and, accordingly, the rulings of the European Court of Justice no longer apply to Russia, this analysis seems important how objective and impartial an international judicial body be to resolve internal issues of the State and is it capable of doing so? The result of the reflections led to the conclusion that there is a need for a conceptual revision of the relationship between national and interstate courts in general, especially taking into account the subsidiary nature of international justice and the instability of the legal positions of international judicial institutions.

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

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

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

Establishing Judicial Precedents Through Advisory Opinions of the European Court of Human Rights

Abstract The recent practice of the European Court of Human Rights to follow, in its case law, legal statements made in the exercise of its new advisory competence pursuant to Additional Protocol No. 16 raises some considerable issues. The most important of such issues regards the possibility for principles of law established by the Strasbourg Court to be recognized as judicial precedents within the European Convention of Human Rights system, which is the object of this paper. For this purpose, the analysis will focus not only on the approach of the European Court of Human Rights, but also on that of the Italian judicial authorities, which developed a particularly innovative case law at this regard. Finally, it will also consider the experience of other international judicial bodies, in order to draw some general conclusions on the contribution of advisory opinions to the development of international law.

The Principle of Racta Sunt Servanda in the Mechanism for Ensuring the Fulfillment of Obligations Under International Agreements

Problem setting. The mechanism for ensuring the fulfillment of obligations under international treaties is a complex legal phenomenon that includes a number of international legal institutions (the institution of obligation, institutions related to good faith, means of ensuring the fulfillment of obligations, institutions of international judicial bodies, institution of responsibility). The main premise that contributed to the formation of the mentioned institutional mechanism is the principle «pacta sunt servanda» «agreements must be fulfilled», which concentrated in itself the idea of the binding nature of international agreements, and later the conscientiousness of their implementation. Denoting the binding nature of any legal agreement, the principle «pacta sunt servanda» is one of the main principles of contract law. However, its implementation is accompanied by a number of problems, the solution of which requires the development of an appropriate scientific basis. Analysis of recent researches and publications. The analysis of recent researches and publications shows that the issue of the principle of contractual law “pacta sunt servanda” has repeatedly attracted the attention of the scientific community. Some of its aspects were considered by both Ukrainian and foreign scientists, including: S. I. Afanasenko, D. P. Bogatchuk, O. V. Butkevich, S. V. Gonzalez Sinisterra, Z. M. Yudin and others. However, most of the research and publications available today are rather superficial in nature. Target of the research is to analyze the legal meaning and essence of the principle «pacta sunt servanda». Article’s main body. The purpose of the article is to analyze the legal meaning and essence of the principle «pacta sunt servanda». The article highlights the legal meaning and essence of the «pacta sunt servanda» principle. The author takes the position that the binding nature of international agreements is based not only on the consensual nature of contractual norms, but also on the mutual interest of the parties in the agreement. The article explains the nature of the principle «pacta sunt servanda» from the standpoint of «jus cogens», which theoretically substantiates the meaning of the principle as a prerequisite for the formation of a mechanism for ensuring the fulfillment of obligations under international treaties. Based on a number of philosophical and legal theories, the most common of which are the theory of promise, the will theory, as well as the theory of efficiency, «pacta sunt servanda», as one of the principles of contract law, is generally recognized in legal science. The study of these theories justifications allows us to ascertain the absence of historical continuity between the initial and subsequent meanings of the principle, and even the absence of a consensus view in the doctrine. Conclusions and prospects for the development. Realizing the need to observe laws, as well as observing international treaties, at the individual level, the state must realize the necessity and inevitability of multi-level interaction in the international sphere. Only the understanding that in the implementation of the common will and cooperation it is possible to achieve a solution to the international problems that are currently faced by the international community, accepting the possibility of interaction to achieve the common interest, and not to meet the current economic needs of each state separately, will allow solving many global problems of our time and leaving to a new level of understanding of law as a tool for building a new reality within the framework of the interaction of states. In this regard, the principle of «pacta sunt servanda» is gaining more and more global scope.