International Law Perspective Research Articles

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.

THE NOTION OF SANCTIONS IN THE DOCTRINE OF INTERNATIONAL LAW

The article explores the issue of sanctions in international law with a focus on defining the term. This topic has been of interest to researchers for many years, but there is still no universally accepted approach to resolving it, both in terms of international law doctrine and its sources. This lack of clarity in terminology creates practical problems related to controversial practices in applying sanctions and their subsequent legal assessment from the perspective of international law. Given the increasing number of sanctions regimes, it is crucial to address these issues urgently. While foreign legal literature has made systematic attempts to tackle this problem, domestic literature has not paid sufficient attention to the concept of sanctions. Taken together, these factors point to the expediency of conducting this study, which aims to outline the range of measures that are defined as sanctions in modern international law. Based on the analysis conducted, it is argued that the science of international law adopts two approaches in defining sanctions. The first, broad approach suggests that the concept of sanctions should encompass coercive measures taken by the injured state individually as self-help in the form of countermeasures and retorsions to ensure compliance with the violated obligations by the offending state, as well as coercive measures taken collectively by the UNSC under Chapter VII of the UN Charter to restore international legality. Instead, the second, narrower approach defines sanctions exclusively as coercive measures applied by the UNSC under Chapter VII of the UN Charter. The author concludes that the narrow approach is currently regarded as prevailing in the science and aligns with the provisions of modern international law. Simultaneously, attention is drawn to the widespread phenomenon of so-called “unilateral sanctions” in the world practice, the definition and legal nature of which also remain controversial. The review of existing definitions concludes that they all share the common understanding of these measures as coercive measures taken by a state, group of states, or international organizations without the approval of the UNSC, with the intention of compelling another state to change its policy. This understanding of “unilateral sanctions” distinguishes them from “sanctions” in the strict sense of the term and as defined by the prevailing narrow approach. Nonetheless, the practice of state relations shows the widespread use of these measures and their identification as “sanctions” in domestic legislation. This suggests that, in reality, there are two distinct coercive measures referred to as “sanctions” in today’s international reality. These include coercive measures taken by the UNSC under Chapter VII of the UN Charter, as well as coercive measures taken by a state, a group of states, or international organizations without the approval of the UNSC to compel another state to change its policy.

Internationalization of EIA rules in the BBNJ Agreement: Impediments and possible solutions

The International Legal Agreement for the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) has been launched. The final agreement emphasizes that states are obliged to conduct Environmental Impact Assessment (EIA), providing more discretion to states that control planned activities. However, the EIA under the BBNJ negotiations, as well as the principles of international environmental law, customary international law and international organizations all call for the internationalization of the EIA and the restraint of states’ power and activities in areas beyond national jurisdiction (ABNJ). Therefore, an internationalized EIA system that subjects the state-led EIA process to global oversight or guidance is imperative. To demonstrate the necessity of EIA’s internationalization, this article analyses it from the multiple perspectives of international law and its significance to the BBNJ Agreement. Furthermore, the article examines the submissions of the Parties to the BBNJ Agreement and indicates that there is still an opportunity to internationalize the EIA system. The article concludes with recommendations that include the use of soft law documents, the internationalization of EIA guidance through list of activities, as well as the internationalization of EIA oversight through the process of public notification and consultation and rules on responsibility and liability.

Insulting Religions from the Perspective of International Law: A Descriptive and Analytical Study

Insulting Religions from the Perspective of International Law: A Descriptive and Analytical Study

The Crime of the Armenian Genocide from an International Law Perspective

The Crime of the Armenian Genocide from an International Law Perspective

An Analysis of the Legal Dimensions of the Shanghai Cooperation Organization and the Legal Effects of Iran's Accession to the SCO from an International Law Perspective

The focus of this study is to analyze the legal aspects of the Shanghai Cooperation Organization (SCO) and the implications of Iran joining the organization, with a specific focus on international law. The research employs a descriptive-analytical approach, utilizing various library resources to gather information. The SCO places a high priority on regional security, with all members committed to implementing the SCO treaty's provisions on countering terrorism, separatism, and extremism. Unlike other organizations such as NATO and the Warsaw Pact, the SCO values equal cooperation among its members and does not impose the ideologies of major powers on smaller countries. The organization promotes pluralism in participation and encourages bilateral and multilateral cooperation in areas such as commerce and economics. The Shanghai Declaration emphasizes the need to utilize the extensive potential and opportunities in these fields, with talks on trade and investment facilitation taking place within the SCO framework. Efforts to create regional security through peaceful resolution of all disputes in accordance with UN resolutions, concerns about the situation in Afghanistan as a serious threat to regional and global peace and stability, and opening political dialogue to promote mutual trust and greater multilateral cooperation are among the principles of the Shanghai Cooperation Organization.

A Case Study on The Abduction of Ukrainian Children within The Ukraine-Russian Conflict under International Law Perspective

Penculikan anak berupa tindakan serius terhadap pelanggaran norma-norma hukum internasional. Hukum internasional sendiri merupakan kumpulan prinsip-prinsip aturan dasar yang wajib ditaati oleh negara-negara dalam hubungan antarnegara. Walaupun itu, berbagai organisasi internasional seperti Perserikatan Bangsa-Bangsa (PBB) dan Human Rights Watch (HRW), telah mendokumentasi dan menyebarkan laporan berupa pers tindakan deportasi ataupun penculikan anak oleh tentara Rusia sejak awal serangan Rusia terhadap Ukraina pada tahun 2022. Tujuan penelitian ini mengharapkan para pembaca untuk menambah wawasan serta memahami hukum internasional dalam konteks penculikan maupun deportasi anak. Permasalahan penulis ketemui merupakan apa saja dasar hukum internasional terhadap penculikan anak serta bagaimana implementasi hukum terhadap pelanggaran tersebut. Metode penelitian berupa hukum yuridis normative untuk menganalisis hukum positif terhadap penculikan anak menurut hukum internasional. Bahwa dalam kajian penelitian ini terdapat berbagai peraturan dan konvensi yang bersifat preventative dan represif. Konvensi Geneva I mengatur tindakan deportasi dapat diakui sebagai genosida. Konvensi Geneva IV mengatur hak dan kewajiban organisasi humaniter dalam keadaan perang. PBB 1989 mengatur hak-hak anak. Sementara, Statuta Roma mengatur hak dan kewenangan Mahkamah Pidana Internasional untuk menggugat dan memutus hukuman ke pelaku tindak pidana.

Handling Deportants and Returnees of Former Foreign Terrorist Fighter: International and Domestic Law Perspectives

The defeat of the Islamic State of Iraq and Syria (ISIS) after the last war in Baghouz, Syria, by the Syrian Democratic Forces (SDF) in 2019 was not the end of the problem of global terrorism today. ISIS, which has sympathizers from different countries, currently leaves the problem of handling its deportees and returnees, including in Indonesia. This paper intends to examine the problems of deportants and returnees of former Foreign Terrorist Fighters (FTF) in Indonesia normatively, focusing on the political aspects of law, positive criminal law, and international criminal law. Based on the type of normative research, legislative, comparative, and conceptual approaches, this paper argues that the handling of deportants and returnees of former foreign terrorist fighters in Indonesia within the framework of positive criminal law still seems to be dominated by a paradigm of legal thinking that leans on aspects of restraint and retribution rather than prioritizing aspects of reformation and deterrence. In addition, positive criminal law instruments are still not sufficiently accommodating in supporting law enforcement in handling deportants and returnees of former FTFs in Indonesia.

Vietnam's sovereignty over the South China Sea from the perspective of international law

ABSTRACT The principle of sovereignty, ie of supreme authority within a territory, is a pivotal principle of modern international law. Although the role of modern international law in establishing the sovereignty of states has changed many times, it must still be affirmed that international law sources are an important international legal basis for states to determine their sovereignty, including national sovereignty over the seas. The South China Sea (‘SCS') (Bien Dong or, East Sea in Vietnamese) has long been regarded as a major source of tension and instability in Pacific Asia. The purpose of this article is to discuss the views and positions of Vietnam on sovereignty over the two islands of Paracels (Hoang Sa in Vietnamese/Xisha in Chinese), Spratlys (Truong Sa in Vietnamese/Nansha in Chinese) and maritime zones in the South China Sea on the basis of international law and practice.

Research on China’s Deep Sea Legal System

A perfect legal system of the deep sea is a prerequisite for ensuring the steady progress of exploration and development in the international seabed area, and it is also a guarantee for the States Parties to fulfill the responsibility of the sponsoring State and enhance the capacity of ocean governance. In this paper, from the perspective of both international law and domestic law, we have systematically sorted out the laws, regulations and policies related to China’s domestic deep seabed area, clarified China’s initially established domestic deep sea legal system with the Law of the People’s Republic of China on Resources Exploration and Development in Deep Seabed Areas as the core, and explained China’s deep sea system consisting of four major systems: qualification examination, environmental protection, scientific and technological research and resource investigation, supervision and inspection. The system of China’s deep sea consists of four major systems: qualification examination, environmental protection, scientific and technological research and resource investigation, supervision and inspection. Meanwhile, it further summarizes the institutional defects of the current deep sea legal system and tries to put forward preliminary suggestions for further improving China’s domestic deep sea legal system.

Research on Refugee Governance from the Perspective of International Law -- Taking the Israeli-Palestinian Conflict as an Example

The problem of refugee protection has existed in the international community for a long time, which is almost unavoidable for every member of the international community for its close relationship to national politics, economy, law, national security, diplomacy and so on. This paper mainly focuses on the current Israeli-Palestinian conflict to discuss the main sources of refugees and their governance dilemmas as well as attaches great importance to the protection and governance of refugees' rights and the possible improvement of international cooperation mechanisms. Responding to the refugee crisis requires greater cooperation at the regional and global levels. Finally, this paper puts forward some relevant thoughts. For example, advocating the creation of an independent Pakistan is the most effective approach. It is also important to promote peace processes such as negotiations and reconciliation, and to actively engage in international cooperation at the world level, with appropriate assistance from both States and international organizations. Hopefully, these measures can contribute to the international refugee problem through this own research.

Starlink’s Provision of Telecommunication Services During the Time of Armed Conflict and Its Consequences from the Perspective of Public International Law

This article attempts to provide an overview of the most important international regulations relating to the provision of telecommunication services by private companies to one or more belligerent parties in times of an armed conflict. Taking as an example the recently widely commented issue of Starlink allegedly withholding its services otherwise provided to the Ukrainian Armed Forces, this article reviews the issue from the perspective of general public international law as well as international space law. Specifically, the customs and regulations concerning the attributability of private parties actions as well as peaceful utilisation of outer space are scrutinised.

Recognising Religious Groups as Litigants: An International Law Perspective

The Australian Human Rights Commission has claimed that recognising religious corporations as litigants in religious discrimination claims departs from international human rights law, which only protects the rights of natural legal persons. In this article we respond to that claim by arguing that under international law, Australia should protect the ability of religious groups to be litigants, including corporations. The International Covenant on Civil and Political Rights requires Australia to respect and ensure individuals have the right to manifest their beliefs in community with others, and that such communities are protected against discrimination on religious grounds. This requirement entails granting religious groups the ability to pursue legal measures to preserve the enjoyment of these rights by their members.

Access to Work for Those Seeking Asylum: Concerns Arising from British and Swedish Legal Strategies

Abstract This article seeks to probe the controversial relationship between seeking asylum and the permission (or obligation) to work. In doing so, we recognise the concurrent claims that can be made for asylum and access to the labour market, problematising the concept of ‘work’ and its relationship to freedom and dignity from the perspective of international refugee law and European human rights norms alongside European Union (EU) law. We examine how British and Swedish legal systems have reflected two starkly opposed policy stances. The UK has long denied asylum seekers the financial and psychological benefits that come with work usually until refugee status is formally granted, but the Swedish system has facilitated a complementary pathway for asylum seekers whose labour can make (what is determined politically to be) a sufficient contribution to the economy. We identify the perceived benefits and failings of each strategy. In this context, we observe that the status quo in both countries is changing and even arguably converging around an illiberal consensus regarding the relationship between asylum and work, which will demand further attention and potentially legal challenges in the years to come.

Analysis of Japan's Nuclear Sewage Discharge into the Sea from the Perspective of International Law

Analysis of Japan's Nuclear Sewage Discharge into the Sea from the Perspective of International Law

Sustainable sides of taxation: An international law approach

This article explores from an international law perspective how taxation can be used by states as an instrument to address the mutually reinforcing themes of sustainability and human rights, and to sustain a civilisation. In doing so, the article discusses how far the maximisation of financial resources through a domestic tax system is necessary for the attainment of the United Nations Sustainable Development Goals. It further discusses whether tax avoidance by multinational enterprises is an infringement of the human rights obligations undertaken by states under the International Covenant on Economic, Social and Cultural Rights.