International Law Perspective Research Articles

An Inquiry on the Legal Status and Protection of Climate Refugees from an International Law Perspective

An Inquiry on the Legal Status and Protection of Climate Refugees from an International Law Perspective

The concept and legal nature of the principle of cassation appeal in administrative proceedings of Ukraine

The article is devoted to an in-depth analysis of the principle of cassation appeal in the administrative proceedings of Ukraine, its legal nature, significance, and place within the administrative law system. The author emphasizes that cassation appeal is an important component of the right to access justice, enshrined both in the Constitution of Ukraine and in international legal acts such as the Convention for the Protection of Human Rights and Fundamental Freedoms. The article examines in detail the evolution of legislation regarding cassation appeal, particularly the changes introduced in 2020 by Law of Ukraine No. 460-IX, which significantly affected the possibilities of appealing to cassation courts. Special attention is paid to the analysis of the new requirements for cassation appeals, which impose stricter conditions for filing cassation complaints. The author explores the so-called «cassation filters,» which were introduced to screen out appeals that lack significant legal merit, which on one hand reduces the workload on cassation courts, but on the other hand limits access to justice for certain categories of individuals. The article also highlights the problematic aspects of applying these filters, especially in minor cases and simplified proceedings. The practice of the European Court of Human Rights regarding cassation restrictions and their compliance with the principle of a fair trial, as enshrined in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, is analyzed. The article cites specific rulings of the European Court of Human Rights, which define the permissible limits of cassation appeal restrictions and the requirements for «cassation filters» from the perspective of international law. The study of this issue is extremely important given that legislative shortcomings may lead to an increase in applications to the European Court of Human Rights. A number of recommendations for further improving the cassation appeal mechanism are proposed, including ensuring greater transparency in determining the grounds for cassation review and guaranteeing equal access to the courts for all participants in the process. The emphasis is placed on the importance of maintaining a balance between the efficiency of the judicial system and the citizens’ rights to defend their interests in court.

The Principle of Solidarity – International and EU Law Perspectives Edited by Eva Kassoti and Narin Idriz (The Hague: T.M.C. Asser Press, 2023)

The Principle of Solidarity – International and EU Law Perspectives Edited by Eva Kassoti and Narin Idriz (The Hague: T.M.C. Asser Press, 2023)

INTERNATIONAL LEGAL REGULATION OF THE TERRITORY OF STATES AND TERRITORIAL INTEGRITY

This article analyzes the actions of international documents establishing the principles of territorial integrity and inviolability of states in modern conditions. Despite the fact that relations between the countries have international legal regulation, military conflicts in the world do not cease due to territorial claims. Most conflicts originate in the depths of centuries, in which it is difficult to recreate the true historical circumstances and assess the validity of the claim of one or another disputing party. The article analyzes conflicts arising from territorial disputes from the perspective of international law. Based on international legal norms, there are legitimate ways to change state borders. For example, the most common of them, in order to achieve a peace agreement that satisfies the disputing parties on the establishment of state borders, is a treaty. In addition, through purchase, lease, artificial increment, by secession from the country, or on the contrary, reunification, states can increase or decrease the borders of their territories. In the 90s, in connection with the collapse of the USSR, the so-called "parade of independent countries" began, which led to the formation of new states and related procedures for the delimitation and demarcation of borders. The establishment of borders took place in various conditions. If in some cases an agreement was reached without difficulty, in others, the arrival of a general consensus was delayed for decades, as in the example of the division of the Caspian Sea between five states. This procedure lasted 22 years and ended in 2018 with the adoption of the Convention on the Status of the Caspian Sea.

Legal analysis of the risks in art exhibition contracts from the perspective of international law

International art exhibitions can lead to disputes between multiple parties due to their transnational and complex nature, unlike domestic art exhibitions. The “Kiefer” Chinese painting exhibition triggered a series of controversies that should not be overlooked. Professionals in the art industry should reflect on these controversies to gain insights and promote the development of the field. This article focuses on the “Kiefer” incident to discuss the major risk points in the international art exhibition process. The article is divided into three parts. The first part concerns the selection and application of the law, where parties must carefully consider which laws and international rules to apply. The second part addresses the nature of the contract and liability, examining how the applicable law affects the legal nature of the contract and the obligations of the parties involved. The third part deals with unauthorized disposition and judicial seizure, focusing on issues of good faith acquisition when a party receiving artwork illegally disposes of it without the owner’s permission, as well as the problem of judicial seizure and immunity from judicial seizure of artworks (including cultural relics) involved in litigation.

The Ignored Impact of the Livestock Sector on Climate Change: An Analysis from the Perspective of International Law

Abstract Climate change stands as the paramount challenge confronting humanity in the contemporary era. Attempting to address the problem, the main sectors responsible for it have been subject to domestic or international policies and laws aimed at reducing greenhouse gas (GHG) emissions, except one: livestock. Given that animal-sourced food production contributes a large portion of GHG emissions, this Article aims to analyze the impacts that the exclusion of the livestock sector, in efforts to tackle climate change, would have on compliance with international treaties on the subject, especially the Paris Agreement. One conclusion reveals that state parties, by ignoring the sector, will violate several articles of the Agreement, which will likely lead to the failure of its main purpose of holding the increase in the global average temperature to well below 2°C.

Analysis of Green Intellectual Property Issues and Countermeasures from the Perspective of International Law

As an advanced form of productivity driven by green technological innovation, there exists a natural fit and close connection between new quality productivity and green intellectual property rights. Legal protection is the cornerstone of the development of new productivity, in which the comprehensive protection of intellectual property rights is particularly crucial: green intellectual property rights, as a key force to adhere to sustainable development and promote scientific and technological progress and economic growth, has a central role to play in incentivizing environmental protection as the core of independent innovation, thus becoming an indispensable institutional guarantee for the development of new productivity. This institutional guarantee ensures the legitimate rights and interests of innovation achievements, and is a powerful driving force and a long-term solution for the continuous progress of productive forces. At present, the field of intellectual property cooperation is encountering diversified challenges and problems: the unilateralization caused by some developed countries, the rigidity of international rules on intellectual property, the stagnation behind the digital age, and the imbalance in the distribution of existing international benefits of intellectual property, which should be paid close attention to. In order to effectively promote green technological innovation and escort the green intellectual property protection system to a stable and far-reaching future, countries and enterprises should face the current challenges rationally, correctly understand the differences and conflicts between green intellectual property rights and ordinary intellectual property rights, gain a deeper understanding of the existing relevant international law foundations, and promptly solve the green intellectual property rights issues, improve the relevant international conventions and treaties, strengthen the coordination and cooperation of international organizations, and establish a fair and reasonable green technology patent protection mechanism. fair and reasonable patent protection mechanism for green technology. Only when countries join hands to improve the green intellectual property protection mechanism, jointly combat transnational infringement and maintain a fair market competition environment can the legitimate rights and interests of innovators be safeguarded.

The Promise and Failure of Israeli-Palestinian Peace Process in 1990s: A Literature Review

In 2023, the world marked 30 years since the start of the Oslo process, which sought to resolve the Israeli-Palestinian conflict. Given the ultimate breakdown of these negotiations, it is crucial to examine the evolution of academic research on this process, identifying its key themes and trends. This literature review focuses on both empirical and theoretical studies of the Oslo process, with a particular emphasis on research that investigates the reasons behind its failure. Such studies provide valuable insights for developing more effective models of negotiation and conflict resolution. Initially, the commencement of the Oslo negotiations was met with optimism in the academic community, with scholars highlighting the pivotal role of individual leaders in successfully launching the process. However, as the peace process faltered, the Israeli-Palestinian negotiations were analyzed through existing theoretical frameworks. Various scholars critically examined the Oslo Accords from the perspective of international law and highlighted economic factors that obstructed the path to a lasting peace. Other studies explored indirect influences on the peace process, such as public opinion and electoral dynamics, often employing Robert Putnam's “two-level games” theory. Nevertheless, these studies mainly address the immediate causes of the peace process’s failure and do not fully account for the underlying motivations driving the behavior of actors in the negotiations. Research into the deeper causes of the Oslo process’s collapse has highlighted socio-psychological barriers, such as the “conflict syndrome” and issues of ontological security. Scholars have investigated the roles of historical memory, collective trauma, and cultural identities in shaping negotiation outcomes. The rise of interdisciplinary approaches—combining insights from psychology, philosophy, and linguistics—has been essential for understanding the complex dimensions of this conflict. The diverse body of research and theories inspired by the Oslo peace process continues to influence the field of negotiation and conflict resolution studies, underscoring the enduring significance of this critical episode in diplomatic history.

Tax Avoidance and Regulation of Transfer Pricing: From the Perspective of International Law

With the social economy developing continuously and the deepening of economic globalization, the scale of multinational corporations is expanding increasingly. However, due to the gap in tax rates between different countries, multinational corporations have room for tax planning. As a common means of tax avoidance in multinational enterprises, transfer pricing is officially realized by relying on the difference of tax rates in different countries. But transfer pricing in bring huge profits to multinational companies at the same time, the multinational home and host country revenue caused great damage, so the transfer pricing has become the focus of the tax authority regulation, this paper mainly through the case analysis of Coca-Cola company, this paper expounds the multinational companies through the transfer pricing tax avoidance and transfer pricing multidimensional adjustment of thinking. Therefore, for multinational corporations, under the constraints of relevant laws and norms, reasonable planning and control of the risk of transfer pricing is the key to enterprise tax avoidance compliance.

The OSCE Parliamentary Assembly and peaceful conflict resolution: international legal and political analysis

The study was focused on examining the legal status of the OSCE Parliamentary Assembly and determining its role in international relations within the OSCE region. The fact that this body is not part of the OSCE’s intergovernmental system, but is an independent international entity actively involved in international affairs, gives this research a specific scientific nuance and significance. There are few scientific studies in the international doctrine dedicated to this topic, especially with an emphasis on its international legal issues. One of the OSCE Parliamentary Assembly’s priority areas is promoting peaceful conflict resolution through parliamentary diplomacy. However, parliamentary diplomacy, unlike traditional diplomacy, possesses unique characteristics and comparatively fewer opportunities for resolving serious international problems. Nevertheless, by enhancing the connectivity of the OSCE PA with the OSCE’s intergovernmental bodies through the efforts of parliamentarians in this direction, in our opinion, it will be possible to significantly increase the OSCE PA’s role in peaceful conflict resolution. The fact that parliamentarians are members of the legislative body and consequently participate in discussions and enactment of laws predetermines their role as qualified individuals who potentially can play a more significant role in the development of international law compared to professional diplomats. Thus, the goal of this study is to explore the potential of the OSCE Parliamentary Assembly in peacefully resolving conflicts from the perspective of international law and international politics, and to identify negative factors that hinder the more productive activity of this parliamentary body. According to the research findings, the activities of parliamentarians within the OSCE PA can bring considerable benefits not only for the peaceful resolution of specific conflicts but also for the entire OSCE dispute settlement system through the development of carefully considered projects of international legal documents in this area.

An Analysis of the Human Rights Responsibilities of Transnational Corporations in the Context of Globalization

Transnational corporations (TNCs) are becoming increasingly influential on a global scale as globalization continues to evolve. However, this increased influence has also led to an increase in human rights challenges and criticisms directed at TNCs. Therefore, the paper aims to explore the human rights responsibilities of TNCs from the perspective of international law. Upon thorough analysis of the current human rights issues confronting TNCs as well as their responsibilities, deficiencies and possible avenues for enhancement in the safeguarding of human rights by TNCs are identified. In addition, it also delves into the progression of TNCs human rights responsibilities, which includes the development of international legal norms, the enhancement of corporate social responsibility, and the significance of human rights due diligence. Thus, the paper begins with an examination of the current status of TNCs human rights responsibilities, then proceeds to analyze the existing problems and challenges, as well as to project future developments in this area, which will help to provide useful references for the global practice of TNCs human rights responsibilities.

Implementation Of Legal Protection For Women Victims Of Domestic Violence From A Human Rights Perspective

The Indonesian government signed a declaration on the Elimination of Violence Against Women (1993) in 2014. However, at a technical level, violence against women still often occurs due to Domestic Violence (KDRT) in Indonesia. The purpose of this writing is to understand the implementation of laws and the protection of women's human rights against domestic violence from the perspective of international law. The research results show that the entry of the public law system into the domestic realm, namely domestic life, is one of the new developments in the field of human rights, especially in Indonesia. Domestic Violence (KDRT) has become a common agenda in the last few decades. The facts show that domestic violence has quite a negative effect on women as victims. The research that has been carried out is normative legal research which is focused on norms and also legal objects as the main data, and a book consisting of rules, and the truth of the research that has been carried out. All forms of violence have violated human rights as regulated in Law No. 23 of 2004 concerning the elimination of domestic.

The Right of Reservation in International Treaties: From the Perspective of International Law and Islamic Political System

The Right of Reservation in International Treaties: From the Perspective of International Law and Islamic Political System

Access of Platform Workers to Collective Rights – the Fall of the Binary Divide?

The paper addresses the issue of self-employed platform workers’ access to collective labour rights from the perspective of international law (ILO) and supranational European law (EU and Council of Europe). In this regard, the paper addresses the right to collective bargaining, the right to strike and the collective right to information and consultation. The main finding is that at the current stage, the relevant international and European legal framework is not providing access of self-employed platform workers to all examined collective labour rights. In light of the analysed legal developments the binary divide “has fallen” (for those self-employed platform workers who fulfil the 2022 Guidelines criteria) regarding access to collective bargaining. Therefore, as argued in the paper, also access to the right to strike should be ensured for the latter platform workers due to the purposeful interconnectedness and inseparability of both rights. Nonetheless, the binary divide is remaining “firm” regarding access to collective information and consultation rights. The latter remain accessible (including considering the Platform Work Directive proposal) only to platform workers with a subordinate “worker” status. However, as argued in the paper, the possibility to drop the binary divide (at least regarding certain matters) also in relation to collective information and consultation rights (in the context of platform work) should be seriously considered.

Problematika Perdagangan Manusia Sebagai Kejahatan Transnasional Dalam Perspektif Imigrasi Dan Hukum Internasional

Globalization on an international scale has an impact on progress in the fields of information technology, communication and transportation, making borders between countries thinner or borderless. This is a principle in the international legal order, especially regarding the conception of state sovereignty. Every country in various parts of the world is guaranteed in international law and has the exclusive right to exercise its country's sovereignty without being able to intervene by other countries or any party. The sovereignty of a country is an absolute thing that cannot be ignored, because sovereignty is a sign of an independent and sovereign country. International migration that occurs has a positive impact, but sometimes it creates new problems. Like Human Trafficking or human trafficking. The writing will discuss human trafficking from the perspective of immigration and international law, including the function of immigration as a government agency that monitors the traffic of people in and out of Indonesian territory in order to maintain state sovereignty. This research itself is based on research that is normative, juridical and empirical, namely by elaborating each material followed by studying existing policies and regulations. This is intended so that the problem of human trafficking can be elaborated on existing national and international legal policies as well as from an immigration perspective. .

Israeli Military Artificial Intelligence, Its Possible Use in the War in Gaza.

This paper is focused on examining selected Israeli technologies operating based on artificial intelligence and the possible use of these technologies by the Israeli Defense Forces in the war in Gaza. These technologies include the Besorah system, an AI technology for identifying and recommending targets suitable for aerial bombardment, as well as other forms of attacks carried out from a distance. The SMASH system is an automatic targeting and firing system for small arms. The Goshawk system is a fully autonomous UAV used for aerial protection. The IRIS robot can be used for the initial investigation of tunnels ahead of assaults. The alleged use of these technologies in the war in Gaza cannot be verified by independent sources, mainly due to the ongoing conflict. The paper strives to present a general theoretical assessment of these technologies and weapons from the perspective of international law and armed conflicts.

Maritime Terrorism V. Piracy at Sea: Prevention of Maritime Security Threats and the Responsibility of States to Prevent in the Perspective of International Law

Maritime Terrorism V. Piracy at Sea: Prevention of Maritime Security Threats and the Responsibility of States to Prevent in the Perspective of International Law

The Right to Disconnect: Rest in the Digital Age of Work from the International, European and Polish Law Perspectives

The Right to Disconnect: Rest in the Digital Age of Work from the International, European and Polish Law Perspectives

Legal challenges of regulating cross-border nuclear pollution from ship ballast water under the background of fukushima wastewater release and China’s response

The Japanese government has initiated plans to release water contaminated The international community has yet to fully recognize the accelerated spread of nuclear-contaminated water through ship ballast water along the Japanese route. This increases the risk of nuclear exposure for crew members and poses ecological and environmental contamination risks to port waters, inland seas, and rivers. The lack of international attention to the marine nuclear safety crisis caused by nuclear pollution from ballast water, along with the absence of corresponding legal prevention and control mechanisms and technical safeguards, remains a critical issue. From the perspective of international law, preventing the spread of Fukushima wastewater through ship ballast water faces numerous legal challenges, including disputes over the applicability of conventions, the jurisdiction of international organizations, and mechanisms for cross-border accountability for marine nuclear pollution. As a major shipping nation adjacent to Japan, China faces significant risks of nuclear pollution from ballast water along the Japanese route. To counter such risks, it is recommended to propose measures through the International Maritime Organization to elevate international attention. Moreover, refining ballast water regulatory frameworks, establishing monitoring and warning mechanisms specific to nuclear pollution from ballast water, improving the technical capabilities of ballast water treatment systems, and promoting international cooperation in monitoring marine environments and preventing pollution are also advisable.

Combating Discrimination against Ethnic Minorities: From the Perspective of International Law and National Legislation

The pervasive issue of discrimination against ethnic minorities transcends national borders and affects millions of individuals worldwide. Addressing this form of discrimination necessitates strong legal frameworks and diligent enforcement. This paper seeks to analyze the international legal mechanisms established to protect ethnic minorities and assess how these frameworks are implemented and reinforced by national legislation, with a focus on Vietnam. Through an exploration of the synergies and disparities between international law and national legal systems, this paper aims to gain a comprehensive understanding of the effectiveness and challenges involved in combating ethnic discrimination.