International Law Relations Research Articles

Имплементация норм международного права о правовом статусе беженцев в законодательство российской федерации и механизм их реализации

The analysis of the application of the norms of international law in relation to the establishment of the legal status of refugees, their protection, granting of asylum in the Russian legal system is carried out. Conclusions are drawn about the inconsistency of some norms of national law with universal norms. Problems are identified at the term level. The necessity of supplementing the concept of «refugee» with new categories and features, such as armed conflicts in the country of habitual residence, is substantiated. In support of this thesis, an overview of Russian judicial practice is given. It is concluded that from a legal point of view, both at the universal and at the national levels, a very effective system of assistance to refugees has developed. However, in practice, when the need arises to implement such norms, numerous difficulties arise. It is recommended to solve these problems by eliminating the inconsistency of norms at different levels. The 1951 Convention has ceased to meet the needs and realities of the modern world order. The need to revise the entire system of norms in this area, and the implementation of innovations in national laws is revealed. The role of cooperation between the Office of the UN High Commissioner for Refugees and the national departments of the Russian Federation is analyzed, and the significant role of the Agency in improving the legislative framework of the Russian Federation is indicated. It is recommended to develop mandatory rules regarding the procedure for granting refugee status. It is proposed to give more legal force to the New York Declaration adopted in 2016, which fully fills the gaps in this area, but at the moment it is only advisory in nature. The tightening of the rules for granting legal status to refugees as a result of the analysis of current trends in the migration policy of Russia is revealed. It is recommended to find a balance of interests in terms of the ratio of the principles of sovereignty and respect for human rights and freedoms.

The Procedures of Civil Law in International Relations in the Practice of Polish Courts

The Procedures of Civil Law in International Relations in the Practice of Polish Courts

Political uncertainty of the nation as an objective factor in shaping the life plans of the Kurdish youth (empirical research experience)

The article presents both legal and sociological views on the problems of Nations living in the conditions of another state. The article examines the impact of the contradiction between the right of a nation to self-determination and the principle of territorial integrity as an urgent problem for the Kurdish youth. Attention is drawn to the need to humanize international law in relation to Nations in conditions of political uncertainty. It is proposed to use the following means to reduce violence: international law, international supranational organizations, and General humanization of social processes. To ensure that this contradiction does not remain practically insoluble and to reduce the level of violence in existing conflicts, it is necessary to develop certain international rules that would allow Nations fighting for sovereignty to exercise their right to self-determination. Based on the results of a sociological study of the life plans of Kurdish youth living in the Republic of Iraq, it is shown how such an objective factor as political uncertainty affects the formation of life plans of young people and what consequences this leads to. It is proved that the situation of the Kurdish people is not only a political, but also a social problem. A low horizon for planning a life strategy deprives the young generation of the opportunity to be confident in the future, hinders the creation of a family, and forms migration moods. For a person, the inability to plan their life turns into a state of frustration, depressive States, and the need to find a way out of this situation. The need to humanize the processes of self-determination of Nations is caused by the fact that life in a state of uncertainty has a negative impact on the ethnic group as a whole, and on young generations in particular.

The function of the Notary / PPAT In filing process Acquisition of Land Rights To Interests Investment in Regional Autonomy Era Based on Act No. 25 of 2007 concerning Foreign Investment

The purpose of this study are to: 1) To be able to know and analyze about the function of Notary / PPAT in Appeals Process Acquisition of Land Rights Under the Foreign Investment Regulations. 2.) To be able to know and analyze the Protection of Investor Interests Investing in the Era of Regional Autonomy Under the Foreign Investment Law. The method shows the procedure and process of a study undertaken to achieve an objective results. Method of normative juridical approach specifications in this research is descriptive analysis, the data collection method, literature (study document), with critical analysis and finding the problems and legal issues that will be examined and gather all the information related to the problems studied.The results of this study concluded Function Notary / PPAT in the filing process of acquiring land rights based on foreign investment regulations number 25 in 2007. The function of Notaries easier for the public to take legal actions both Indonesian citizens or citizens of foreign countries who participate in investing in Indonesia , The Indonesian government also needs to prepare for national law and the law of international relations to establish it. Government to maintain legal certainty for foreign investors without discrimination by being able to compete with domestic investors. Protection of the interests of investors in investing in regional autonomy based on legislation.Keywords: Function of Notaries; Investments; Autonomy; Foreign Investment.

『萬國公法』에서의 동·서 관념 번역과 절합 - ‘公’ 관념을 중심으로

There still seems to be a kind of temperature difference in terms of understanding and interpreting the concepts of international law in international relations in East Asia. It may be due to different political and diplomatic stances of each country in different situations. But even more fundamentally, it may be because they can be understood or conceptualized in different ways in a unique linguistic and cultural field, that is, in a semantic network connected by Rhizome. Moreover, with the introduction of the concepts of international law by the translation of Wanguogongfa, when new ideas of modern Western world system began to be introduced, even though the same text was accepted, it was accepted and internalized in different ways in each country of East Asia.<BR> The different process surrounding the understanding and interpretation of ‘Gong(公)’ in the process of acceptance of the Wanguogongfa in China, Japan, and Korea provides an important clue to understanding the internalization and discoursive process of international law in East Asian countries.<BR> In this paper, I analyze statistically the vocabulary related to ‘Gong’, which can be considered as the most essential concept of Wanguogongfa, and the context of them in each language field. Through this, I investigate the conceptual articulation that occurred in the process of accepting the concepts and discourse of international law order from the West to China, Japan and Korea.

OBLIGATIONS ERGA OMNES IN THE CONTEXT GENERAL THEORY OF LAW

The article is devoted to the study of the concept of obligations erga omnes in the context of general theory of national law, to the definition of their essence and place in the system of legal relationship. The work demonstrates that due to certain terminological differences that are traditionally characteristic of the general theory of law and the theory of international law, the use of the term “obligations erga omnes” in domestic legal science needs some clarification. The author analyzes the possibility of belonging of obligations erga omnes to different groups of legal relationship, as well as the use of the concepts “obligations erga omnes” and “duties erga omnes”.Considering that in law an obligation, as a rule, means legal relationship in which one party (obligor) is obliged to perform a certain action in favor of the other party (obligee) or to refrain from it, any obligations are usually taken to refer to concrete relative legal relationship in which the clearly defined right of one party corresponds to the clearly defined duty of the other. However, such a configuration of rights and duties is not inherent in obligations erga omnes, because in them the absolute duty of one part corresponds to the multiplicity of obligees, which are states as the main subjects of international law. From the point of view of the theory of modern international law, the international community as a whole cannot be considered as one individualized subject in the legal relationship of erga omnes character. As a result, obligations erga omnes are more similar to general or general regulatory legal relationship, which stands out along with concrete legal relationship and to which, however, do not include obligations.The parallel leads the author to the idea that in the context of the classical understanding of the term “obligation” in domestic law, it might be more appropriate to use the term “duties erga omnes” in the translation of the Barcelona Traction judgment, rather than “obligations erga omnes”, which would be more consistent with the legal nature of this phenomenon and lead to less confusion. After all, this is not about concrete relative legal relationship, but rather about the duty of a certain subject of international law in relation to all its other subjects.

International law and criminalizing illegal trade in endangered species (from the Far Eastern perspective)

The article examines international law in relation to international trade in endangered species. It analyzes the major international agreement in this area: CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973) in the context of Thailand and China. The article argues that CITES does not sufficiently address the need of those countries to criminalize illegal trade in endangered animals and plants across borders. CITES requires an increased administrative control over the trade which many developing countries are unable to carry out in order to achieve an effective level of protection for the endangered species. Under the influence of CITES, the crime of illegal trade is defined in Thailand and China narrowly as trade in violation of administrative controls. The main argument of this article is, first, that the countries, such as Thailand and China, must adopt a broader concept of the crime of illegal trade in endangered species. Second, there is a need to adopt this concept on an international level in order to facilitate a successful fulfillment of the countries’ international obligations.

A Community of Shared Future for Mankind—The Contemporary Development of the Social Foundations Theory of International Law

In the traditional understanding, the social basis of the emergence and existence of international law can be summed up as an international society in which interstate conflict and cooperation and interests and contradictions coexist. In recent years, the term “international community” has been widely used in national practice and academic discourse. Many scholars believe that the development of interstate relations indicates that the international community is being transformed into a global international community. The concept of “a community of shared future for mankind” reflects China’s new understanding of the social foundations of international law. It introduces Chinese traditional culture into global governance, develops Marxist theory on the community, is concerned both for mankind as a whole and for individuals, highlights the ultimate issues of the international community, and emphasizes the international community’s union of diversity and interdependence. The idea of “a community of shared future for mankind” is of great significance for the theory and practice of international law; it reflects the emergence of methodological holism, the response of international law to the questioning of its legitimacy, and the trend toward hierarchical systematization in international law. The concept of “a community of shared future for mankind” is of great value to China’s participation in the reform of the global governance system. It will help promote appreciation of the relations between China and the world, enhance China’s international discourse power and discourse force, and promote the rule of law in international relations that China advocates.

Державно-приватне партнерство: інституціональне середовище для розвитку та модернізації інфраструктури України

The article systematizes the hierarchical levels of the institutional environment for the introduction of PPPs in Ukraine in terms of megaeconomics, macroeconomics, mesoeconomics and microeconomics. The authors reveal the participants of the institutional environment, which are represented by the regulatory institutions determining the standards of relations, rights and obligations of the participants, and the constructive and investment institutions. At the level of megaeconomy, regulatory institutes are represented by: principles and standards of international law in relation to PPPs, international agreements, the market of international PPP projects; and the Sustainable Development Strategy 2030. The constructive institutions of that level include the integration of national infrastructure networks, and institutions of international infrastructure projects (for example, the Great Silk Road). The investment institutes include international financial institutions, international investment banks, the global stock market, infrastructure banks, etc. Regulatory institutions of the macroeconomic level are the Constitution of Ukraine, government programs, laws, and regulations on the PPPs and concessions, the Strategy of Sustainable Development of Ukraine 2030, the market of domestic infrastructural projects, the institution of public procurement. The constructive institutions include Ministry of Economic Development and Trade, Ministry of Infrastructure, Ministry of Regional Development and Construction, project offices, the institution of public program-target planning, the institution of interaction between public authorities. The investment institutes include budget funds, targeted financing, subsidies, private investments, and project funding. The authors analyze data on the number and quality of PPP projects in Ukraine and abroad. A comparison between the data on the implementation of PPP projects in Ukraine according to the World Bank and domestic sources has been performed, and the fragmentation of data accounting for PPP contracts and concession agreements has been identified. The conclusion is made about the necessity of systematization and unification of relevant data at different levels of the hierarchical structure of the institutional environment for the implementation of PPPs in Ukraine, that is, on the levels of megaeconomy and macroeconomy, and macroeconomy and mesoeconomy. It is noted that the presence of institutional traps causes intensification of further scientific research and development of recommendations in the field of introduction and development of PPP mechanisms for financing the development and modernization of infrastructure within various guidelines. Such guidelines include the regulatory and legal framework for the development of PPPs in Ukraine via further specification of the provisions of the Law of Ukraine On Public-Private Partnership; studying the feasibility and effectiveness of various forms of PPP implementation (concessions, renting, leasing, etc.) in financing large national projects, including projects on the development of Ukraine's economic infrastructure, as well as scientific substantiation of their use; studying the regional peculiarities of the use of PPP mechanisms in this country for financing strategic investment projects, in particular large infrastructural projects, and social and humanitarian projects in the framework of the implementation of the new regional policy; and additional studies of advanced international experience in the implementation and development of PPP mechanisms for financing national projects, in particular, for involving the IFIs and other non-governmental organizations.

Европейский суд по правам человека: проблема неисполнимости постановлений

INTRODUCTION. The paper demonstrates that the problem of implementing judgments of the European Court of Human Rights does exist if such a judgment is not in line with the Constitution of the Russian Federation. This problem is caused in legal dimension by the two different factors. On the one hand the Constitution of the Russian Federation “shall be the supreme law and shall be in force throughout the territory of the Russian Federation. No laws or other legislative acts … shall contravene the Constitution of the Russian Federation” (Article 15 Part 1). On the other hand, a State may not invoke its internal (national) law as justification for its failure to perform a treaty (Article 27 of the Vienna Convention on the Law of Treaties, 1969). MATERIALS AND METHODS. Research materials include judgments of the European Court of Human Rights and Orders of the Constitutional Court of the Russian Federation and also the teachings of the most qualified scholars in International Law which are relevant to the title of this paper. General and specific scientific methods are used by the author. In the context of applicable general international law the paper considers both judgments o the European Court of Human Rights and orders of the Constitutional Court of the Russian Federation paying specific attention to the reasons of different legal positions adopted by these Courts. RESEARCH RESULTS. The widening of the competence of the Сonstitutional Court of Russia in December 2014 arouses apprehension. The Court pointed out that two judgments of the European Court on Human Rights were unenforceable: (1) on the judgment on the application of Anchugov and Gladkov and (2) on the judgment concerning the application of UKOS. In the first case the European Court on Human Rights admitted that Russia was responsible for moral damage and the recognition of it was enough for compensation. In the second case the European Court on Human Rights admitted that Russia violated Protocol No.1 to the Convention on Human Rights. In connection with it Russia must compensate the pecuniary damage. It is confirmed by the Committee of Ministers (the Council of Europe). DISCUSSION AND CONCLUSIONS. The Constitutional Court of the Russian Federation indeed has (as its professional function) an obligation to legally protect the national interests of Russia if they are questioned by a judgment of a foreign court which does not correspond to International Law. But in cases considered in this paper the Constitutional Court of Russia while addressing the judgments of the European Court of Human Rights (which are in contradiction with the International Law) made itself a legal mistake from the point of International Law. According to Article 26 of the Vienna Convention on the Law of Treaties, 1969, every treaty in force is binding upon the parties to it and must be performed by them in good faith”. Even in the case when the national law provides for a different approach (article 27 of the same Convention). The Constitution of any State is a part of its national law. So the 1969 Convention’s rules of Articles 26 and 27 are applicable also to Constitutions. While stating that the Constitution has a higher legal value then International Treaty of the Russian Federation, the Constitutional Court thus undermines the national interests of Russia in maintaining legal order and the Rule of Law in international relations.

Bay of Bengal maritime delimitation cases: Upholding the Rule of law in international relations

ABSTRACTAt a time when there are instances of lack of participation in binding dispute resolution mechanisms under the UNCLOS, the Bay of Bengal Arbitrations provide a ray of hope and adherence to the rule of law. The three Bay of Bengal States: Bangladesh, India and Myanmar settled their long standing disputed claims over the maritime zones in the Bay of Bengal in a peaceful manner. These cases represent that States relatively stronger on the political level as compared to others are willing to compromise their positions and adhere to the outcome of dispute resolution proceedings under the UNCLOS. These cases involved sensitive issues such as the determination of the land boundary terminus, based upon the reports and other proceedings relating to the partition of India. There were other controversial claims over certain islands, which too were presented for adjudication and the decision was thereafter complied with all the parties to the dispute. These cases thus constitute a prime example of the importance of adherence to a rule based system for maritime claims.

The relationship between European Union law and international law in relation to passenger transport services

The article presents the relationship between the EU regulations on passenger protection and the provisions of international conventions regulating contracts of carriage in particular modes of transport, to which the EU regulations refer. The author indicates the complexity of such a system and the various ways in which the provisions contained in EU regulations are linked to international law, as well as the consequences of the solutions adopted. The limited framework of the article allows only to outline the topic.

Trends of Development of the Modern International Justice

The article is devoted to tendencies of development of modern international law and the international justice authorities. Globalization of the modern world and the interaction of States at all levels: political, economic, commercial, educational, and others - determines the relevance of the article. The interaction leads to conflicts and disputes between States, between States, legal and physical persons, between legal and physical persons from different countries, they require resolution at the international level. The increase of number of international contacts is followed by the increase of conflicts between the parties and, respectively, the number of international judicial processes. International law and the international judicial bodies play a special role in solving the problems of the peaceful settlement of international conflicts. Certain trends characterize the current stage of development of international law. These are diversification and fragmentation resulting in the proliferation of international judicial bodies. Strengthening the rule of law in international relations is the main positive point of the main trends in international law. The sphere of international relations, which are not covered by international law, are reduced. The main negative aspect of modern tendencies in the field of international justice is: the possibility of multiple interpretations of international law, especially the regional courts, as well as increasing the risk of issuing conflicting, sometimes inconsistent, decisions of different international judicial bodies. The possibility of finding a forum shopping is a negative consequence as well. This creates a legal conflict, delays, problems with recognition of international judicial bodies, their jurisdiction, for failure to execute court decisions. This leads to a reduction of efficiency of activity of international courts in General. The main task of modern international law is to overcome or mitigate conflicts of jurisdictions of the various international judicial bodies, as well as to set the stable matches between international courts and the enforceability of their decisions. Studies of the leading Russian and foreign lawyers play an important role for overcoming contradictions in the sphere of international law and the activities of international judicial bodies. Scientists note in their works that the modern trends of development (diversification, fragmentation, proliferation, imperativity) is an objective phenomena, they are caused by the development of pluralism of the modern world.

Guest Editors’ Introduction: Towards Utopia – Rethinking International Law

In the face of recent challenges to international law and its institutions, a sense of despair and resignation pervades some parts of international legal scholarship – a mindset which may work to close off the ability to think, feel, and imagine alternatives. As a counterpoint to such despair, this paper explores the potential of utopianism as a framework for rethinking international law which provides grounds for hope. Building on the articles contained in the Special Section “Towards Utopia – Rethinking International Law” which it introduces, the paper discusses three topoi of utopianism in relation to international law: first, the diversity of utopian approaches, ranging from grand blueprints to everyday utopias; second, the relation of utopianism to critique, and specifically to critical approaches to international law; and third, the complicated role of international law in relation to social change.

Rahmatullah (Respondent) v. Ministry of Defence and Foreign and Commonwealth Office (Appellants) (No 2); “The Iraqi Civilian Claimants” (Respondent) v. Ministry of Defence and Foreign and Commonwealth Office (Appellants); Mohammed (Serdar) and Others (Respondents) v. Ministry of Defence (Appellant)

Relationship of international law and municipal law — Act of State — Different doctrines of act of State — Crown act of State — Whether Crown act of State precluding justiciability of claim — Whether Crown act of State a defence to action in tort for acts performed pursuant to lawful government policy — Detention of suspected insurgents by British forces during conflicts in Afghanistan and Iraq — Action for damages in tort — Proper law the law of the State in which detention took place — Whether Crown act of State a defenceWar and armed conflict — Detention of suspected combatants — Whether an essential feature of decision to undertake military operations — Whether a Crown act of State — The law of England

Theoretical problems of definition of the administrative labority of the child as a self-employed element of the administrative legality of the child

The article is devoted the analysis of looks of scientists of theorists, constitutionalisms, administrativisms, specialists in international law in relation to a legal capacity in general and administrative legal capacity in particular as in soviet time so on the modern stage of development of creation of the state, which is directed on confession of principle the child of the centre. An administrative legal capacity is considered as an independent element of administrative legal personalityand argued position in relation to that by the moment of acquisition of administrative capacity is a moment of birth of child (registration of birth), but not its conception

International law and its discontents: Exploring the dark sides of international law in International Relations

AbstractInternational law is generally considered to be a good thing. With important exceptions, such as Critical Legal Studies, scholarship in both International Relations (IR) and International Law (IL) reinforces this ‘nice law’ assumption and therefore overlooks or underestimates the law’s negative aspects. In contrast, this article assumes the power of international law to examine how international law can have effects that are unintended, unhelpful, or even perverse. In particular, I argue that international law distorts policy- and decision-making processes in liberal democracies by eroding personal responsibility and decreasing accountability; legal expertise and legal virtues crowd out important virtues of statecraft and prudence while shrinking our capacity for sophisticated moral and political thought; and an excessive focus on law can lead to suboptimal foreign policy outcomes. Rather than law being a bad thing per se, I examine the significant strategic and moral limits of international law. This raises the need to lower our expectations of international law, carefully examine the relationship between power and international law, and political responsibility and legal ethics, and more fully embrace our own personal responsibility. The article closes by suggesting a research programme on the dark sides of international law from various theoretical perspectives.

The Law of International Customs in the International Law

The area of legal regulation related to customs norm formation isn’t clearly designated and sufficientlyexamined in the doctrine of international law. Also, there is no unified point of view on its title. A varietyof terms can be met in scientific studies. The author proposes to entitle this area of international lawas “law of international customs” - the most accurate term, corresponding to its content. The articlereveals the role and place of the law of international customs in the international legal system. The differencesand similarities of this institute of international law in relation to the law of treaties are shown.Scientific doctrines on the content and development of this institute of international law are also considered.The author shows which rules are lying on the basis of customs norm-formation and substantiateshis position on this issue. The object and the subject of regulation of the law of international customsare clarified. The question of norm-formation and its stages is examined. The article reveals influenceof treaty rules, decisions of judicial and other international bodies on the process of custom normformation.Questions over necessity of the codification of this process, development of appropriatecriteria relating to the formation of international custom and its norms are risen. The author proposesto develop relevant draft articles, adopting them as a UN resolution, and then to sign a Convention onthe Law of international customs, which should fix currently established customary rules of internationallaw, and also new treaty rules aimed to streamline the custom norm-formation, giving it more rigorous,systematic view. The state of scientific researches in this area and the ways of their further developmentare shown. Separate formulations of the law of international customs are presented. The authorgives definition of the law of international customs, which is proposed to be understood as the instituteof international law, including a set of customary rules of international law regulating interstate relationsin the questions of international custom establishment, its validity, amending and termination of existence,the conceptual apparatus in this area.

The Existing Cause of Biafrexit and Itts Right to Self Determination

The recent agitation of self-determination in the southeast for the state known as Biafra (a pro-secessionist group) can be viewed from the principle of self-determination. The principle of self-determination is one controversial subject matter with its long history in international law relations as a reason for the cession of territory from one state to another. The quest for self-determination is like a marriage at gunpoint; a reluctant partner will always want a way out of the marriage, and will take a hike at the first opportunity. This is the point where Nigeria is at the moment. The cracks that were not cemented when the amalgamation was coerced are opening up, and the differences is making itself apparent. The controversy has concerned both the principle’s status in international law and its charter and the notion of self-determination is one that lends itself to the objective application as a criterion of statehood. This principle has played a prominent part in the emergence of former colonies as independent state. The aim of this paper is to explore the ongoing agitation for Biafra Republic and to assess whether it is in conformity with the right of self-determination.

The Role of Informal Normative Processes in Improving Governance over Natural Resources in Conflict-Torn States

Internal armed conflicts have become increasingly self-financing in the last decades, with valuable natural resources figuring among the primary sources of conflict funding. In order to end these armed conflicts, the international community has developed several instruments targeting their funding, most notably by curbing the illegal trade in natural resources. This article examines two of these instruments, i.e. the Kimberley Process for the Certification of Rough Diamonds (KPCS) and the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (OECD Guidance). More in particular, it analyses the mechanisms established by these instruments to stop the trade in conflict resources and the extent to which these contribute to improving the governance of natural resources as a tool for the prevention of new conflicts. This article argues that even though the KPCS and the OECD Guidance do not impose legally binding obligations upon their participants, there are possibilities to enforce these instruments. In order to gain a better understanding of their enforceability, this article argues that it is important to assess these instruments as part of the broader political and legal framework in which they operate. In addition, this article argues that these instruments, notwithstanding their non-binding character do have relevance for the formation of international law in relation to the governance of natural resources. Both instruments play an important role in setting standards for this purpose and, in this way, reflect a growing consensus on how natural resources should be managed.