Rules Of International Law Research Articles

The Role of the Practices of the International and Regional Human Rights Treaty Bodies in the Development and Codification of the Rules of International Law – The Reservation to Treaties as a Model

Although the rules contained in the three Vienna Conventions of 1969, 1978, and 1986 still constitute the framework for practice in the field of reservation to treaties, the development of the international community and with it the international system for the protection of human rights revealed a lack of clarity and some gaps in the Vienna regime of reservation which cannot be overlooked. Based on this, the European Court of Human Rights took the initiative and provided solutions to the practical difficulties imposed by previous conventions as well as developed new practices. Despite the opposition of several actors states to some of these practices, the great support given to the European monitoring bodies by the Inter-American Court of Human Rights and the United Nations human rights treaty bodies, in addition to the clarifications provided by the Human Rights Committee (HRC) concerning ‘severability’ theory to the International Law Commission (ILC), led to established practices of these bodies being codified. Codification took the form of guidelines in the ‘Guide to Practice on Reservations to Treaties’ which was adopted at the 63rd session of the ILC in 2011 after extensive study and debates, lasting nearly two decades, between members of the International Law Commission and within the Sixth Committee of the General Assembly.

Cyber-Attack Regulation: Issues and Advances in International Law

With the development of network technology, cyber-attacks and cyber wars are likely to become new forms of warfare that endanger world peace. The current international law has difficulties in the definition of national sovereignty, the identification of national responsibility and the exercise of the right of self-defense when cyber-attacks occur. The international community needs to supplement and improve the existing rule system as soon as possible and impose stronger legal constraints on transnational cyber-attacks. Some measures can be taken to solve this problem. Firstly, countries around the world should be promoted to reach a consensus on the legal concept of cyber sovereignty. Secondly, the applicable conditions of the current law need to be clarified. That is to say, the national responsibility for cyber-attacks and a clearer interpretation of threat or use of force and armed attack should be clarified. Meanwhile, the circumstances and methods of exercising the right of self-defense should be clarified when a cyber-attack is encountered. Thirdly, new rules of international law and relevant international soft laws should be created to solved these problems.

Tacit Choice of Law in International Commercial Contracts. An Analysis of Future Instruments of Developmental Organisations

This article examines the various regional and supranational organisations of emerging countries that could benefit from a codification of private international law rules. They include the Organisation for the Harmonisation of Business Law in Africa (OHADA), the African Union (AU) and the Association of Southeast Asian Nations (ASEAN). In addition, the article analyses the envisaged instruments that may be especially relevant in the context of the abovementioned organisations. These include the Preliminary Draft Uniform Act on the Law of Obligations in the OHADA Region, the proposed African Principles on the Law Applicable to International Commercial Contracts and the Asian Principles of Private International Law. More specifically, the article focusses on the provisions regarding the determination of the law applicable, particularly those rules relating to a tacit choice of law in international commercial contracts.

The arbitrary deprivation of dual nationality in investment arbitration

Abstract Recently, some investment tribunals have held that the doctrine of ‘effective and dominant nationality’ is a ‘relevant rule of international law’ according to which dual nationals can only invoke the protection of the respective bilateral investment treaty to the extent that they invoke their effective and dominant nationality to sue the State of their non-dominant nationality. However, the idea that multiple nationalities are an evil that must be avoided in the interest of States has ceased to be valid. In 1960, less than a third of states accepted dual nationality. By 2018, three-quarters of states allowed their nationals to possess another nationality. We are currently witnessing a paradigm shift that some arbitrators are still reluctant to acknowledge. When an investment tribunal claims to apply the ‘effective and dominant nationality principle’ what it is actually doing is refusing to recognize one of the claimant’s nationalities. The non-recognition of a nationality that does not correspond to an express legal norm and does not respond to a legitimate purpose is arbitrary and, therefore, should be prohibited as it violates a fundamental human right.

Legal Readiness on Timor-Leste to face Transnational Crime in the ASEAN Economic Community (AEC)

ABSTRACTThe existence of the ASEAN community and the global community, which has played an active role in the development of unstoppable, has brought various influences, both positive and negative. The people of Timor-Leste will certainly not be spared and will experience the impact of globalization. Therefore there are 2 important points that must be prepared by the government and parliament. First, the government must take anticipatory steps against transnational crimes in the era of the ASEAN Economic Community (AEC). Second, the Government and parliament must prepare adequate legal products to anticipate transnational crimes that will arise, and also carry out international cooperation to harmonization the law with ASEAN member States. In this study using a normative type of research reciting laws regarding transnational crimes. With the problems that have been explained from the beginning, it is concluded as follows: The responsibility of the government to increase the capacity of law enforcement officials, especially the police, to conduct continuous training to become professionals to combat and anticipate transnational crimes that will arise. Provide supporting facilities for police officers in carrying out their duties. conduct international cooperation among ASEAN member states to strengthen the rules of international law to combat transnational crime.
 ASEAN AEC Keywords Transnational Crime Timor-Leste

Subjective Side (Mens Rea) of Aiding and Abetting War Crimes and Crimes Against Humanity in the Context of the Alien Tort Statute

The American Alien Tort Statute (ATS) is a landmark instrument on a global scale, since, based on its provisions, plaintiffs in American courts have sought compensation for human rights violations committed on other continents. Many of these cases involved war crimes and crimes against humanity. And since such large-scale crimes are almost never committed by a single perpetrator, one of the key issues before the courts in these cases was the question of establishing standards of liability for aiding and abetting such crimes. In considering these cases, the American courts based their decisions on the provisions of international law and thus developed a substantial body of case law, the study of which will undoubtedly be valuable in light of the legal challenges posed by the war in Ukraine. The objective of the article is to examine the requirements for the mens rea of aiding and abetting war crimes and crimes against humanity through the prism of the case law applying the Alien Tort Statute. From a methodological point of view, the study focuses on the analysis of the case law of American courts through the prism of international law. An important component of the research is to determine the contents of customary international law, the provisions of which are subject to separate proof in the relevant cases. The article itself is a part of comparative legal research with the aim of drawing lessons that could be used to solve the complex legal problems arising from the war in Ukraine. The article examines two standards of aiding and abetting used by American courts in cases under the Alien Tort Statute, namely, the purpose standard and the knowledge standard. The author examines the American precedents in which the courts have used one or the other standard. It is argued that the origins of the disagreement should be sought in international law, since American courts in the relevant category of cases rely on international law. The author analyses the arguments of Judge Katzmann, whose position forms the basis for all subsequent decisions applying the purpose standard. The critical analysis of Judge Katzmann's arguments is complemented by a thorough examination of the practice of international criminal tribunals - from the Nuremberg Tribunal to the later tribunals for Yugoslavia, Rwanda and Sierra Leone. The author concludes that the standard of knowledge is predominant and should be considered a rule of customary international law and should define the criteria of liability for harm caused by gross violations of internationally recognised human rights.

Weapon against Civil Aircraft

The use of weapons against civilian aircraft, in view of the ethical and legal dilemmas, endangers human life, society and its stability, and has legal and economic consequences; it is one of the most serious legal cases of our time. Even if the problem is analysed and interpreted in the light of the available legal concepts and instruments, and the legality or otherwise of the use of weapons is not established, the problem cannot be dealt with in a way that is beyond doubt and reassuring, since it certainly involves a violation of the right to life of the passengers on board the aircraft and of the international obligations of the State such as general rules of international law or humanitarian law. The purpose of this paper is to present the international legal liability regime for the use of weapons against civil aircraft in peacetime and in armed conflict, as well as its human rights and ethical responsibilities.

International Rule of Law through the Lens of Chinese Traditional Culture

Abstract Rule of law is recognized as an effective means of government. The international community, led by the United Nations, has been advocating the adoption of rule of law at international and national levels against the backdrop of globalization. This article examines the contributions that Chinese traditional culture may make to the creation of international rule of law. For this purpose, it will first analyse the sources and status of rule of law at the national level and the similarities and differences between international and national rule of law, the conditionality for creating international rule of law, and the development thereof. It argues that rule of law is a shared value of mankind, which is evidenced in the teachings of Chinese traditional culture; yet, due to their differences in nature, international rule of law that is applied in the international community differs from national rule of law that is enforced in national communities. This article examines the development of international rule of law and argues that it can serve as the basis for furthering international collaboration and for realizing human dignity and world peace stipulated in the Charter of the United Nations.

Consumer Jurisdiction and Choice of Law Rules in European and Chinese Private International Law

This article compares consumer jurisdiction and choice of law issues in China and the EU. It aims to answer the following questions. What is the notion of consumer? Are farmers, package travel tourists and timeshare tourists consumers? Are dual-purpose contracts consumer contracts? Is a consumer jurisdiction rule needed in China and if yes, under what ground and with what conditions? Is choice of court agreement in consumer contracts valid? How to limit the exercise of party autonomy and what role mandatory provisions may play? Shall consumer contract and tort claims be subject to the same applicable law? Based on a comparative analysis with European law, this article concludes that to improve cross-border consumer protection, China should reform its law to include package travel contracts and timeshare contracts into consumer contracts and determine the nature of dual-purpose contracts pursuant to their primary purpose. Moreover, the current limitation on party autonomy should be lifted by providing freedom to both parties and relying on mandatory provisions as a safety valve. The consumer choice of law rule and its interaction with the general contract choice of law and tort choice of law rule needs to be reexamined.

International Law’s Specialised Regime and Normative Conflict: A Reflection on International Criminal Law

In the international legal system, there exist fields of law that are characteristically specialised than the general sphere of international law. The term ‘special’, ‘specialised’ or ‘self-contained’ regime will be revisited in the present article vis-à-vis possible norms that conflict in the international legal arena. International criminal law, a discrete branch of international law will be thoroughly discussed as to reveal its nature as one of international law’s special regimes that may arguably contribute to the issue of normative conflict, and further, a problem of legal fragmentation. The concept of legal fragmentation will thus be highlighted as linked to international law’s normative conflicts. Considering that international criminal law is potentially a special regime of international law, one of its codified rules seems to have led to an emerged normative conflict involving the legal interaction between the Rome Statute of the International Criminal Court 1998’s treaty-based rule, and the international customary law rule. The severity of a legal conflict not only impacts the treaty law and customary law areas of international law but to a greater extent also undermines the coherence of the international legal system as a whole. Therefore, this article aims to analyse and expound on the apparent normative conflict of international law character that needs to be addressed, especially by the International Criminal Court being one of the prominent international judicial organs. Supposedly, when a normative conflict becomes severe, the issue of fragmentation of international law looms out and effective determination of related conflicting norms is indeed appealing.

A Heartfelt Commitment to the International Rule of Law? The United Kingdom and the International Court of Justice

The UK proudly describes its longstanding commitment to the International Court of Justice as a sign of its broader commitment to international adjudication and, in turn, the international rule of law. This article calls into question this narrative suggesting that, despite official pledges and rhetoric to the contrary, the UK cannot be said to have truly accepted the authority of the Court to scrutinize its conduct, nor to have consistently acted in a manner that is respectful of that institution. To the extent that the UK wishes to present itself as a genuine supporter of the international rule of law, this article posits that it should reformulate its approach to the Court with regard to both its contentious and advisory jurisdictions.

WAYS OF IMPROVING TRADE IN JORDAN WITHIN THE FRAMEWORK OF INTERNATIONAL COMMERCIAL LAW

The main purpose of the article is to identify ways to improve the trading system in the framework of the development of international commercial law. The object of research is the trading system and commercial law in Jordan. The scientific task is to form a model for improving the trading system in the framework of the development of international commercial law in Jordan. The main method used in the article is the IDEF3 method, which allows, through a system of flowcharts, to model the directions for improving the trading system in the framework of the development of international commercial law. As a result of the study, the key stages of improving the trading system in Jordan in the framework of the development of international commercial law were identified and characterized, including the use of digital technologies, the expansion of rights and freedoms in trade, and the use of smart contracts. The value of the obtained results lies in modelling and improving the efficiency of trade operations in Jordan taking into account the norms and rules of international commercial law. The limitations of the study concerned taking into account the specifics of trade and law only in Jordan because the author of the article belongs to this country.

Implementation of AI in international law and administrative law (in the context of human rights protection)

The purpose of the article is to analyze the possibility of introducing artificial intelligence into the rules of international and administrative law in the context of ensuring human rights, in particular through the activities of public administration bodies and the consideration of administrative cases. Research results. The article outlines the problems of the international legal definition of artificial intelligence using the examples of resolutions of the United Nations, the Council of Europe, the Code of Ethics of transnational corporations and legal instruments of individual States. Practical meaning. The authors analyze the state of international legal regulation and the possibility of using AI, provided that human rights are respected at the national level, including in the activities of bodies authorized to consider cases of administrative offenses, implementation of electronic justice in administrative and procedural court practice. Value/originality. Scientific proposals regarding the relevance of the international legal definition of the concept of artificial intelligence, the problems of observing human rights in its application both at the international and national level, in particular, the use of its opportunities in justice for the purpose of more effective consideration of cases, and at the same time reducing the burden on judicial systems are formulated, ability to conduct legal proceedings using AI is analyzed.

Philosophy of correlation of international humanitarian law and international human rights law

The article is devoted to clarifying why in a given situation it is necessary to apply the rules of international humanitarian law, which has lex specialis in relation to international human rights law. At the same time, an important task of the work is to analyze the parallel application of these branches of international law. Thus, it is determined that while the IHRL is a universal branch in the protection of human rights, the norms of international humanitarian law are applied exclusively in moments of armed conflict, but in case of contradiction of some provisions to others, here we are already talking about the aforementioned lex specialis and the preemptive right to apply the norms of IHL. Thus, the main purpose of the article is the question of determining the correlation between IHL and IHRL in the context of protection of persons during armed conflict.In the course of writing scientific work, I used the theoretical method in the form of analysis and synthesis, deduction and induction, as well as the historical method by which I was able to conduct a study of the chosen topic on a historical basis, and formally logical, which contributed to the implementation of research and the formation of conclusions based on a logical combination of theoretical material and practical aspects and, as a result, the formation of a single comprehensive conclusion on the questions that arose during the study of the topic I chose.Results. Armed conflict is an important area that has a devastating impact on all spheres of life, and especially on human rights, because they are the most threatened during the conduct of hostilities.This is what necessitates an in-depth analysis of the correlation between international humanitarian law and international human rights law.Conclusions. The article provides an analysis of the impact of armed conflicts on the relationship between international humanitarian law and international human rights law. These two branches of international law seem complementary, but the IHRL is more universal and applicable at any time, while IHL takes place only in the presence of armed conflict. At the same time, it is important to apply the principle of lex specialis, which has international humanitarian law, if both IHL and IHRL apply.

The Application of Teachings by the International Court of Justice, 2016–2022

Abstract This article examines the application of teachings by the International Court of Justice between 2016 and 2022. The Court did not cite teachings in its majority opinions during this period. It did cite works from the International Law Commission, which suggests that these are considered different from teachings and possibly have more weight. Judges cited teachings in their individual opinions. Judge Cançado Trindade stands out as a judge with a particularly high citation rate. Teachings played a wide variety of functions in individual opinions, from the classical functions of aiding the interpretation of a treaty and the ascertainment of a rule of customary international law, to a range of other specialized functions such as the interpretation of other texts, in particular judicial decisions, methodological and historical points, and showing the purpose of a rule of instrument, in addition to providing reflections on the role of the international judiciary itself. The article also examines the demographics of the most-cited writers, finding that most of them are men from Western States. The article compares the judges’ practice with findings from prior to 2016 and other international courts and tribunals.

AN ASSESSMENT OF THE ACCEPTANCE OF MEANINGFUL HUMAN CONTROL AS A NORM OF INTERNATIONAL LAW IN ARMED CONFLICTS USING ARTIFICIAL INTELLIGENCE

One major area of concern in relation to the use of autonomous weapon systems is that it involves humans giving some, if not all, control over a weapon system to a form of computer. This idea relates to the concerns that a computer’s ability to autonomously operate weapon systems puts the control of these systems beyond the bounds of the armed forces. This article examines the role that the concept of meaningful human control plays in the ongoing discourse, describes current perspectives of what meaningful human control entails, and reviews its value in the context of the analysis of AWS presented in this article. Within this article, as is the case in the wider debate, the term meaningful human control is used to describe a quality that is perceived to be essential for a given attack to be considered to be compliant with international humanitarian law rules. It does not denote a specific class of weapon systems that permit or require a minimum level of human control; rather, it infers that a weapon that is used in an attack that is legally compliant with international humanitarian law rules would essentially incorporate a meaningful level of human control.

Methodology of identifying customary international law applicable to cyber activities

AbstractWhat is striking about recent scholarship on the application of customary international law to cyber activities is how little has been dedicated to the preliminary question of how one identifies the applicability of existing rules of customary international law to cyber operations. Yet, the answer to this preliminary question holds the key to answering many of the questions which arise regarding whether existing rules of customary international law apply to cyber activities. This article seeks to answer the preliminary question. After providing background on the nature of customary international law, and in light of recent scholarly trends and what is often implied in literature on cyber activities, it makes the argument that rules of customary international law are not interpretable. Accordingly, reference must be made to state practice accepted as law for the purpose of identifying applicable customary international law; the article provides guidance on how this should be done. For a precedent of state practice to be relevant to determining the existence of a customary rule applicable to a cyber activity, pursuant to the International Court’s jurisprudence, the precedent must not have significant distinguishing features from the cyber activity concerned. For determining whether a precedent of opinio juris recognizes the existence of a customary rule applicable to the cyber activity, it is necessary to determine whether the relevant state pronouncement intended to accept as law a rule applicable thereto. In anticipation of objections, the article also addresses the practicability of the approach laid out.

Impact of the Supervisory Role of the international Court of Justice on Security Council Resolutions

It was previously mentioned that in issuing its decisions, the Security Council is governed by legal controls that it must observe in order for its decisions to be legitimate and receive acceptance by the countries concerned with their mplementation. These controls were embodied in two objective and procedural ategories so that its work is consistent with the provisions of the United Nations Charter and the rules of international law in general, and to ensure This commitment included an aspect of the proposals and projects presented in connection with the reform of the Security Council, the necessity of its decisions being subject to a type of oversight that puts an end to the direction it takes in some of these decisions outside the circle of legitimacy, and supervision ensures that the Security Council does not exceed the powers and powers vested in for him . However, there is a juristic disagreement about determining who is responsible for oversight, some of whom made it the prerogative of the General Assembly, and some of them demanded that the decisions of the Council be subject to Sharia preventive oversight exercised by the International Court of Justice through an advisory opinion, as well as the possibility of the decisions being subject to subsequent control of the Council from Also accepted by the International Court of Justice, in accordance with its jurisdiction.
 Since the International Court of Justice is the main judicial organ of the United Nations, the hopes of many countries have been directed towards them, in order to have a role in overseeing the legitimacy of Security Council resolutions, especially countries that are in urgent need of the protection provided by the presence of this oversight.

Recent Cases in International Investment Law Involving Local Government on Investment Disputes

An understanding of the importance of regulating investment treaties and implementing measures in accordance with existing rules has been generally understood by States in foreign direct investment. However, the local government where the location of foreign investment activities is carried out has not received sufficient attention. As a result, various cases of international investment disputes have arisen caused by actions taken by local governments. This study discusses how the tribunal views and interprets actions taken by local governments in relation to violations of foreign investor rights. In the span of time over the past eight years, no less than six hundred cases of foreign investment disputes have been investigated. Of these, three available and final cases became the subject of discussion in research and became examples to link them with the legal skills of local government officials in mitigating the occurrence of foreign investment case disputes. The results of this study show that in terms of understanding the rules of international investment law, the government in the country can mitigate or handle the case better with foreign investment disputes.

The Dynamism of International Law in Politics: An Appraisal of Russo-Ukrainian War

The dynamism of international law when enmeshed in politics is critical especially when superpowers are involved in the violation of international humanitarian and human right laws. The Russia invasion of Ukraine is a vivid example. Russia’s invasion of Ukraine which commenced on 24 February 2022 represented just the latest, albeit most devastating, intervention in a neighbouring former Soviet state. In the effort to examine that, our aims are to critically assess the dynamism of international law in politics through the analysis of the forceful invasion of territorial integrity of Ukraine by Russian government under the leadership of Vladimir Putin in order to underscore the potency of international law when the political interests of a superpowers are involved. In that regard, the paper employed the political realism theory of international relations in the effort to give the work a trajectory narrative. Secondary method of data collection and historical content analysis approach were employed in the collection and analysis of the phenomenon understudy. One of the key findings of this paper is that indeed Russia violated the sovereignty of Ukraine and therefore violated the rules of international law and as a superpower nation the global community seems confused or carefully handling the war in order to avoid the occurrence of another world war. Russia being the current president of the Permanent Members of the UN left the entire nations concerned with worries over the violation of human and humanitarian rights of the Ukrainians. Based on our findings, one of the recommendations put forward is the urgent need for all member states of the UN to take steps to end the conflict as soon as possible in a way that all the interests of the parties are considered. They should comply strictly with the rules of international human right laws and international humanitarian laws to ensure the protection of civilians.