Terms Of International Law Research Articles

The Hegemony of a Ruling Party as a Common Element in the Armenian Genocide, the Holodomor and the Holocaust

With the development of comparative genocide as the second generation of genocide studies over the last decades it became important to examine the Holodomor as a crime of genocide committed by the Communist party of the Soviet Union in comparative perspective with other genocides. In this article, the author offers a comparative analysis of the Holodomor with cases of genocide in the first half of the 20th century – namely, the Armenian genocide of the Ottoman Empire and the Holocaust of Nazi Germany – from the perspective of perpetrators (organizers). The author compares the three genocides as crimes under international law in terms of one of the mental elements of genocide that characterizes each of them, noting the similarities in ruling political parties as organizers of those crimes who exercised the collective intent in each of the case of genocide under analyses. The author argues that hegemony of a ruling party: the Ittihadists, the Communists, and the Nazis which substituted the state organization was a common element in the genocides perpetrated in the Ottoman Empire, the Soviet Union, and the Third Reich. Moreover, in the ongoing Russian genocide against the Ukrainian nation with culmination since 24 February 2022, it is again the ruling party – Yedinaya Rosiya (Single Russia) which is the foundation of Russian totalitarian regime that organized this crime of genocide.

The Texture of ‘Lives Lived with Law:’ Methods for Queering International Law

ABSTRACT Queer theory’s obligations to critique and problematise the mechanisms of power and discourse, especially law, remain important for revealing, unsettling and destabilising established sexual and gender norms. However, as Eve Kosofsky Sedgwick argues, the emphasis on paranoid or critical practices in queer theorising must be counterbalanced by recognising the queer methods of repair evident in the way LGBTQIA+ people engage with systems of oppression in empowering and transformative ways. 1 , 2 In this paper, I draw on the methodological tools that Sedgwick provides to examine LGBTQIA+ engagements with international law in terms of their creative, generative and sustaining capacities. Focusing on the experiences of two Australian LGBTQIA+ activists, Rodney Croome and Dianne Otto and the objects they brought to the interviews I did with them, I highlight the queer sensibilities, or queer reparative practices, operating in and through their commitments to law. In doing so, I expand the registers through which to conceptualise queer theory in relation to law and instantiate the queer jurisprudential work occurring in international law.

Ochrona prawna wolności myśli, sumienia i wyznania

Freedom of thought, conscience and religion is one of the fundamental freedoms of individual, which has to be and is protected by international and national law, as shown on the example of the Polish Constitution. Freedom of conscience includes both the right of individual to choose the worldview and the right to change it. Freedom of religion ensures the right to express and manifest the views and convictions on religion individually and collectively, privately or publicly. Considering derogation of freedom of thought, conscience and religion, international law states that it may be restricted, but only in specific circumstances and under the legal act. The Polish Constitution is in line with international law in terms of restricting the above freedom.

Developing an international public health cooperation mechanism for the cruise industry

The cruise industry has suffered heavy setbacks owing to the COVID-19 pandemic outbreak. Domestic and global pandemic control measures—involving rules varying across countries as well as distinct legal systems—were escalated. We aimed to illustrate the need to establish a public health cooperation mechanism for the cruise industry. First, we analyzed the legal dilemma pertaining to pandemic prevention and control in cooperative situations; namely, the legal loopholes in the prevention, control, and rescue of cruise ships. Second, we focused on international collaboration during cruise ship rescues amid the pandemic, exploring solutions for current industry problems. Third, by analyzing Chinese practices in cruise-related areas, this paper guides the development of a public health cooperation mechanism for the cruise industry. In sum, we call upon the international community to develop such a mechanism within the scope of international law in terms of public health security and pandemic prevention. Research methodology: This is a practical research paper. Per our analysis of the United Nations Convention on the Law of the Sea and International Health Regulations of the World Health Organization, we studied the global legal issues pertaining to cruise epidemic prevention and control by sorting out legal regulations. We conclude that an international cooperation mechanism for cruise epidemic prevention and control should be established to ensure the cruise industry’s sustainable development.

Investigative interview: recommendations for Ukraine

This article is devoted to the study of such criminal procedural institution as an investigative interview. This institution is the result of the search for new methods of gathering information during criminal proceedings in a way that provides for an unequivocal ban on torture or other ill-treatment of a person involved in criminal proceedings. The article defines the specifics of the prohibition of torture in international law in terms of the duty of law enforcement agencies not to allow any deviation from the norm. As a result, the above is emphasized by the special severity of such a crime, which is immoral, degrading to human dignity, and cannot be justified under any circumstances. It is stated that by its nature the process of torturing dehumanizes and denies a person's legitimate right to respect for dignity, while treating both body and soul as a means to achieve the specific goals of criminal proceedings, and is also the worst form of suffering that one person can inflict on another, leading to reputational losses of law enforcement agencies and the negative impact on the entire life of a person involved in criminal proceedings who suffered from such lawlessness. In particular, the emergence of the institution of investigative interview was a response to numerous requests from society around the world in the struggle to protect their rights and fundamental freedoms, which can not be restricted or violated by law enforcement officials. This article examines the use of the “classical system” of interrogations in Ukraine aimed at obtaining a confession, which, as a result, leads to a rather tolerant attitude of law enforcement agencies to manipulation and deception during interrogation, and sometimes to mental pressure and torture of participants in criminal proceedings. In particular, the author proposes to change the legal culture of national criminal procedural legislation by introducing the institution of investigative interview in Ukraine or, to begin with, to conduct interrogations using the principles, methods and objectives of investigative interview, as this will be a step forward in the development of democratic institutions in the state and will facilitate their practical implementation in criminal justice.

The Security Landscape from the International Law Perspectives on the New-Taliban-Afghanistan State

Post-cold war security in international relations is identified as security in the global contemporary. Contemporary global issues are closely related to issues that are no longer dominated by East-West relations, such as the threat of nuclear war, ideological competition between Liberal-Democracy and Marxism-Leninism, crisis diplomacy, and so on. In the perspective of liberalism, peace and security are important for the international system, being considered by international law and organizations. However, recent developments in Afghanistan and Ukraine mark a challenge to this idea and challenge the consistency of peace and security under international law. This study uses a qualitative method by using secondary sources and classifying the data into two, namely security and international law to investigate the situation in Afghanistan. The method of analysis of the Taliban regime in international law uses a juridical-normative approach. The results of the juridical-normative research to describe the situation in Afghanistan are then correlated with the security aspects of the security situation. It is in the case of the new-Taliban state that the situation of the "vacuum" of international law in terms of government recognition can be hijacked to obtain the "approval" of the new regime. The security landscape in the perspective of International Law is fragile against minorities and the vulnerable which can create an unstable international system and encourage the possibility of certain powers to take action to take the opportunity given under the doctrine of effective control. Where must pay attention to aspects of human security, which are related to the obligation to fulfill, respect, and protect human rights recognized in International Human Rights Law. This shows the consistency of actions by member states at the UN, especially big powers like the US and its allies, otherwise similar problems will happen again in the future and weaken the international system as already started in Ukraine.

Law Enforcement Agencies' Repression of the Unlawful Use of Unmanned Aircrafts

The subject of the study is the peculiarities of legal regulation of piloting (operation) of unmanned aircrafts. As example of such legal regulation author studied the legislation of the Russian Federation as well as the legislation of other countries. The object of the study is the conditions under which the piloting of such aircrafts is permitted from the point of view of flight safety. The authors consider in detail such aspects of the topic as possible undesirable consequences of the use of unmanned aircraft. Particular attention is paid to the consequences that may occur in the case of malicious use of this aircrafts for criminal purposes, namely during the transportation of drugs, interception of valuable cargo, interception of traffic information flows, intentional or accidental injury to people. The study presents the main problematic issues that need to be addressed by legislation. The main contribution of this study is detection of the problematic issues that need to be addressed by Russian legislation as well as by the norms of international law in terms of ensuring flight safety in all its manifestations. A special contribution of the authors of the research is a practical overview of the main safety threats caused by the use of the unmanned aircrafts. The novelty of the research lies in the systematization of these threats (especially personnel training for remotely piloted aircraft flaws). This scientific work can be considered as a set of measures to improve safety during the operation of unmanned aircraft.

Current issues of international law in terms of crimes in the field of computer information

This article attempts to reveal such a phenomenon as cybercrime at the present stage of its development. In particular, such types of cybercrime as cyberterrorism and cyberbullying require appropriate regulatory regulation at the national and international level. The problem of cybercrime is multifaceted, requiring a clear and coordinated response from law enforcement agencies. It is worth noting the growing role of transnational and non-governmental organizations, which have become the most important tool for combating and investigating cybercrime. The gradual integration of artificial intelligence as a preventive measure is seen as an effective method of combating crimes in the field of computer information.

Some problems of ad hoc recognition in the modern international law

Formulation of the problem. The article deals with general theoretical issues related to the institution of international legal recognition. The basic theories of state recognition, problems arising in connection with their practical application and forms of state recognition are studied. Questions are raised about the problem of codification of this institution. Particular attention is paid to the practice of forced relations with unrecognized states. With the growth of globalization, the question of the formation of unrecognized states is becoming more frequent and more acute. In an interdependent, interconnected world that is gaining global integrity, one of the highest values has become independent statehood. The emergence of unrecognized states is a global problem for the international community, which cannot always be resolved even by such influential and powerful organizations as the UN and NATO. Analysis of recent research and publications. Among scholars who specialize in international law, there are many scientific papers on the problems of recognition. M. Aleksievets, S. Vidnyansky, V. Golovchenko, A. Zlenko, O. Ivchenko, B. Korneenko, Y. Makar, V. Matvienko, L. Chekalenko and many other domestic authors devoted their works to this issue. The purpose of the scientific article is a general overview of theories, procedures, forms of recognition of states, and the study of relevant practices in this area. Article’s main body. The article deals with issues related to the international recognition of the newly created states by other states. In this regard, there are a number of unresolved issues in international law in terms of their justification and regulation. The authors point out that when a new state is created, the international community should cooperate in some way with it, and there are no certain international norms on how to act. The article examines the main provisions of theories of recognition of states: constitutive and declarative, and the problems that arise in connection with their practical application. The authors consider the thesis that there is a world practice when states can enter into certain relations with other states before their official recognition, explaining this by the existence of three possible forms of recognition: “de jure”, “de facto”, “ad hoc”. At the same time, diplomatic relations and exchange of embassies arise only during the official recognition – recognition “de jure”. Conclusions and prospects for the development: The lack of an international act that would define the procedure and criteria for the recognition of states is due to the uniqueness of each case and the complex system of international relations. Currently, there are no clear and specific criteria that would determine when and under what conditions a new state can be recognized or not recognized by the international community. The emergence of an increasing number of unrecognized states in the international arena requires new approaches and research.

Evolution of discourse on fragmentation of international law

In this article the authors examine the development of modern international law in terms of the discourse on fragmentation, and set the following goals: 1) determine the phenomenon of “fragmentation” and systematize the reasons for the emergence of discourse on fragmentation; 2) trace the evolution of scientific views upon fragmentation as a phenomenon; 3) considering the currently prevalent views upon the mechanism of development of international law, as well as prevention and settlement of conflicts of norms within international law, repeatedly assess some traditional examples of “fragmentation” as the logical processes or processes posing a threat to the integrity of international law. As the examples, the article analyzes such classical disputes as the Decision of the Appeals Chamber of the International Criminal Tribunal for the. Former Yugoslavia in the case of Dusko Tadic, as well as decision of the UN International Court on Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), series of cases regarding MOX plant, CME and Lauder v. Czech Republic, and others. It took almost a quarter of century for the science of international law – since the beginning of discussion of fragmentation until the “farewell” with fragmentation – to accept itself as an integral, but flexible legal system over again. The conclusion is made that the discourse on fragmentation and utilization of the term “fragmentation” had a so-called therapeutic effect for the theory of international law, allowing it to shift the focus, reassess and reconsider itself as a system that existed in all diversity and multiplicity of actors engaged in the process of its creation and application.

К ВОПРОСУ ОБ УТОЧНЕНИИ ПРЕДМЕТА ПЕНИТЕНЦИАРНОГО НАДЗОРА ПРОКУРАТУРЫ ПО КРУГУ АКТОВ

The subject matter of the penitentiary oversight of the Prosecutor's Office in terms of the range of acts includes: Universally recognised (i.e. recognised by the vast majority of states) norms (principles) of international law in terms of establishing basic natural (inalienable) human rights, including in relation to persons held in places of detention and (or) serving measures of detention, which are part of the Russian Federation legal system and are directly incorporated into Russian national law: Universal Declaration of Human Rights, 1948; International Covenant on Civil and Political Rights, 16 December 1966; International Covenant on Economic, Social and Cultural Rights, 16 December 1966. Constitution of the Russian Federation. Duly ratified international treaties and agreements, which may be divided into two groups A) duly ratified multilateral international treaties and agreements (conventions). B) bilateral treaties and agreements on international legal assistance (cooperation) in terms of defining the procedure and conditions of extradition (transfer) of convicts for serving the sentence and other measures of compulsory isolation, as well as application of measures of preliminary isolation from society to those suspected or accused of committing a crime. Some 60 such treaties have now been ratified. At the national legislative level, the Office of the Procurator-General also supervises implementation of and compliance with federal laws, in addition to the Constitution of the Russian Federation. The laws may be conventionally divided into two groups. The first includes laws directly regulating the execution (serving) of penitentiary isolation measures. The second group covers laws that regulate activities directly related to compulsory isolation, as well as the activities of state bodies and institutions for which the execution of sentences serves as an additional function to the main activity. The next set of laws and regulations that form the subject matter of the penitentiary over-sight of the Public Prosecutor's Office are the subordinate laws and regulations. The subject is covered by by-laws of both general and departmental nature. The main peculiarity of deter-mining the scope of supervision in relation to departmental acts is that, on the one hand, the prosecutor supervises the implementation and compliance with the requirements contained in these acts, on the other hand, they themselves serve as a subject of supervision in terms of their compliance with the legislation in force. In this regard, the adoption of key ones usually requires the approval of the Prosecutor's Office, represented by the Prosecutor General of the Russian Federation or relevant subordinate prosecutors.

Concept of the development of the Russian penitentiary system in light of interpreted principles of European penitentiary practice

In the article, based on the study of the European experience in the execution of criminal penalties, it is proposed to supplement the national criminal-penal policy with a number of principles, among which, in particular, are mutual consideration of the interests of the individual, society and the state; the expediency which excludes the priority of legal conformity in the process of using foreign penitentiary experience; coherence which allows for avoiding contradictions between national and international law in terms of social and economic possibilities for the implementation of humanitarian standards. The concept of the development of the penitentiary system of the Russian Federation until 2020 is analyzed and criticized from the perspective of these principles. It is shown that the growing trend of complaints from those convicted to the European Court of Human Rights, related to the fact that the established regime requirements violate a number of constitutional rights of these persons and the provisions of The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, is not taken into account. It is substantiated that a revision of the domestic conceptual foundations of the regime is required, which continues to express primarily the punitive claims of the state to the convicted person. It is stated that the provisions of the European Prison Rules for various reasons are not fully implemented in Western prison systems and therefore should be extremely carefully interpreted in the legislative structures of Russian penal law. It is concluded that it is possible to take into account the criticisms set forth in the article when developing the Concept for the modernization of the penitentiary system (2021–2030).

A REVIEW ON DOPING IN SPORTS IN TERMS OF SPORTS LAW AND PENAL LAW IN THE LIGHT OF INTERNATIONAL LEGISLATION

Objective: the main objective of this paper is to study on the offense of doping in history and how it is regulated in international law in terms of both sports law and penal law. Methods of research: general scientific, philosophical and specially-legal methods of scientific research have been used. A system analysis method has been used to determine sports law, doping. A dogmatic method was valuable to formulate conclusions and recommendations of practical character within the research issues concerning the prevention of doping use in sport. Results: doping has been a method used by mankind for centuries B.C. However, the movement against doping has only started in the 20 th Century, and with the workings of the sports federations, the States and international organizations, a union is trying to be achieved in the fight against doping. A unity has mostly been reached by the means of WADA and the prohibited substances and method lists updated every year, nevertheless, to create a full unity, an effective control mechanism must be applied. The prevention of the application of doping or the imposing of the necessary sanctions are a matter of right implementation of the law. Discussion: it was based on whether the current regulations were effective enough to fight against the use of doping.

The Application of International Law in Terms of Earthlife Africa Johannesburg and Another v Minister of Energy and Others 65662/16 (2017) Case

The Application of International Law in Terms of Earthlife Africa Johannesburg and Another v Minister of Energy and Others 65662/16 (2017) Case

Specific intent (dolus specialis) in the Armenian genocide, the Holodomor and the Holocaust: comparative analysis

Although comparative genocide as the second generation of genocide studies has developed over the past two decades, the Holodomor as a crime of genocide committed by Stalin’s regime has not been examined in comparative perspective. In this article, the author traces the reasons for that and offers a comparative analysis of the Holodomor with examples of genocide in the first half of the 20th century – namely, the Armenian genocide of the Ottoman Empire and the Holocaust of Nazi Germany. The author compares the three genocides as crimes under international law in terms of the mental (mens rea) elements of genocide that characterize each of them, noting the dissimilarities and similarities in specific intent (dolus specialis) of those crimes. The author draws to the conclusion that the key common element in the genocides perpetrated in the Ottoman Empire, the Soviet Union, and the Third Reich is that state organization was substituted by hegemony of a ruling party: the Ittihadists, the Communists, and the Nazis. The importance of comparing cases of genocide is evident: if lessons from the past are not heeded and genocide is not punished, history will repeat itself as can be seen in the east and south (Crimea) of Ukraine, where the successor state to the Soviet Union – the Russian Federation – continues an attack on the Ukrainian nation. Article received 28.02.2019

O Direito ao Trabalho por Parte das Pessoas com Deficiência no Serviço Público

A luta pelos direitos, e suas respectivas garantias, travada pelas pessoas com deficiência representa uma verdadeira batalha democrática, na medida em que se trata de uma minoria cada vez mais crescente no mundo. As conquistas alcançadas por essa minoria ganhou, de início, expressão internacional e posteriormente adesão nacional, culminando com a assinatura da Convenção de Nova Iorque, de 2008. Com efeito, o desdobramento da igualdade tratar iguais igualmente e desiguais, desigualmente restaria esvaziado de sentido, se não houvesse identificação de quem são os desiguais e em que consistem suas desigualdades, a fim de que estas possam ser superadas. Um dos principais meios de se atingir essa igualdade é por meio da proteção do direito ao trabalho dessas pessoas, inclusive no âmbito público. Trabalhar é o exercício produtivo da cidadania e como tal não pode ser obstado nem diminuído em razão da deficiência. Trabalhar no serviço público, para as pessoas com deficiência, era um desafio que foi vencido apenas parcialmente. Apesar de o acesso aos cargos públicos já ser assegurado às pessoas com deficiência, por meio da reserva de vaga, resta agora proteger e implementar o exercício efetivo das respectivas atribuições. O objetivo deste artigo é expor a evolução da legislação nacional e internacional, a fim de demonstrar a atual vertente inclusiva que deve ser seguida quando se pretende implementar direitos das pessoas com deficiência. Após breve investigação do instrumental legislativo do qual as pessoas com deficiência dispõem em seu favor, seguir-se-á a minudente investigação da legislação interna, estadual e federal, a fim de identificar a presença, ou não, de institutos jurídicos que proporcionem a adaptação ou readaptação do servidor com deficiência às funções do cargo no qual foi investido, com críticas a este instituto, quando utilizado como forma de exclusão da pessoa com deficiência.

КАТАСТРОФА РЕЙСУ МН17: ЧИ СПРАВДІ РФ НЕ МАЄ ДО НЕЇ ВІДНОШЕННЯ?

Examines the arguments used by Russia to accuse Ukraine in disaster of Malaysian Boeing 777 that occurred on July 17, 2014. In particular, the article analyzes the following lines of arguments developed by the representatives of the Russian government and doctrine: responsibility of the state in whose territory the crime has been committed; the campaign to discredit the investigation into the incident aimed at whitewashing Russia and at deflecting suspicion and accusations from Russia; criticism of the ideas and procedures for the establishment of an international tribunal to investigate crimes associated with the downing of MH17. The author points to the absurdity, contradictions of the positions of the Russian authorities and the doctrine of international law in terms of international law, and in terms of the facts. In his turn, the author qualifies accident in terms of international law against the general context of the war of aggression of the Russian Federation against Ukraine. The author also argues in favor of a qualified international investigation into the accident and the creation of an international tribunal to prosecute the perpetrators of the tragedy.

The impact of international criminal law and the ICC on national constitutional arrangements

AbstractInternational criminal law (ICL) developed in large part from international humanitarian law during the mid-to-late twentieth century. The International Criminal Court (ICC), a permanent institution to investigate and prosecute ICL cases finally was established in 2002. Although widely supported, certain states feared that the ICC would diminish national sovereignty. Yet, in formal legal terms, ICL and the ICC’s Rome Statute are just like other branches of public international law in terms of their relationship with national constitutional arrangements. ICL does not challenge states’ primary executive and judicial powers; it does not introduce any general rights for citizens or particularly onerous obligations for states that are already subject to the rule of law; and its intrusion on national sovereignty is only in evidence when a state’s leaders either are responsible for atrocities or are incapable of protecting their citizens from such atrocities. ICL thus is very different from international human rights law (IHRL), which directly impacts national constitutional arrangements. When ICL does come into play, however, arguably it may perform quasi-constitutional functions, in particular offering the only means under public international law to remove state officials from office when they are believed responsible for the most harmful abuses of power.

Human rights in international law: three generations or one?

In 1977, the UNESCO Courier published a slender essay by Karel Vasak, a Czech-born, French jurist and director of UNESCO’s Division of Human Rights and Peace. Entitled ‘A 30-year struggle’, Vasak’s essay characterised human rights in international law in terms of ‘three generations’. The first generation, he wrote, concerns civil and political rights, specifically, those enshrined in the International Covenant on Civil and Political Rights, such as freedom of expression and the right to vote. The second generation, concerns economic, social and cultural rights, specifically, those enshrined in the International Covenant on Economic, Social and Cultural Rights, such as rights to housing and to form a trade union. The third generation, which Vasak characterised as one that ‘the international community is now embarking on’, refers to what he called ‘solidarity rights’, which include the right to development, the right of self-determination, minority rights, the right to a healthy environment, the right to peace, and the right to ownership of the common heritage of mankind.

Global Constitutionalism and the Constitutionalization of International Relations: A Reflection of Asian Approaches to International Law

With the emergence of global constitutionalism, domestic laws, policies, and administrative practices are demanded to be compatible with international laws. International laws are progressively assuming the position of supremacy over domestic laws like a constitution. State Parties are not free to eschew their obligations from giving effect to international laws. These minimum requirements of harmonization, supremacy, and authority of international law are constitutionalizing international relations, which has, indeed, already garnered the requisite legitimacy. In this regard, one of the obligations as well as contributions of Asia can be attributed to its participation in strengthening the practice of the constitutionalization of international relations. Against this background, this paper examines the nature of the constitutionalism of international law in defining and regulating international relations in reference to the idea of Asian approaches to international law. The query of what role has Asia played in history and what role is it playing in modern times in designing and practicing the concept of global constitutionalism might draw different paradigmatic responses, ranging from a passive recipient to an active partner and a designer of global constitutionalism. Since Asia itself is a vast region with heterogeneous genres of thought and varied levels of development, its role may well fit into all these paradigms with conceivable peculiarities among its members. This paper contends that any claim to modern international law as being a product of a single culture or tradition grossly undermines the history of international law and the existence of customary practices in different countries across the globe who have played innumerable roles in shaping modern international law in terms of its foundational concepts. The analysis and arguments of this paper are divided into seven sections. The first section discusses the controversy of whether the origin of international law is attributable only to a Eurocentric explanation. The second section analyzes the relevance, if any, of a spatially fragmented concept like an Asian approach to international law. The third section analyzes the basic features of constitutionalization as a system of global governance. The fourth section explores the concept of constitutionalization from diplomacy to the rules based international system. The fifth section explicates a few basic trends of harmonization between international law and domestic legal regulatory practices. The sixth section discusses the problems and possible trends of global constitutionalism. The final section concludes with a notion that despite diversity, in all its likelihood, Asia seems to be gradually advancing its role from a bystander to the partner of global constitutionalism, in terms of transmuting concepts into international rules, harmonizing them at the domestic level, and implementing them in practice.