International Law Research Articles

Contested Grounds and Missing Sticks: Assessing the Legality of India’s Surgical Strikes in Pakistan

The article wades into the contested issue of the legality of India’s surgical strikes in Pakistan in the last decade. While legal scholars have deliberated on the legality of India’s actions, international relations (IR) have remained silent, thereby underlining the chasm between IR and international law when it comes to international issues. This article evaluates the competing claims made by legal scholars by engaging with developments in international law pertaining to the use of force as an ‘outsider’ approaching the issue from a fresh vantage point. It finds the argument regarding the weakness of India’s legal position to be more convincing. However,it does not fully subscribe to the reasons attributed for the weakness. Drawing on insights from IR, it highlights the salience of political considerations and incentive structures. The article argues that a comprehensive view that includes legal and political dimensions needs to be taken to appreciate India’s stand regarding the surgical strikes.

The role of collective interest representatives in enforcing EU labour rights

This article explores the role of collective interest representatives (CIR) in the enforcement of EU labour rights. To that end, the article starts with an analysis of the regulation of CIR in other fields of EU law, particularly consumer protection law and non-discrimination law. The analysis follows the approach of the Court of Justice of the European Union (CJEU) in cases on the legal standing of actors to enforce EU rights, namely, by defining first the protective scope as a matter of Union law itself based on a textual and teleological analysis and, second, the margin of discretion left to Member States to exercise their own procedural autonomy, including the possibility for Member States to determine locus standi according to their own legal systems. The article continues with drawing inspiration from forms of CIR in international and transnational law, particularly the collective complaints procedure of the European Social Charter (ESC), the representation procedure of the International Labour Organization, and the specific instances of the National Contact Points of the Organisation of Economic Cooperation and Development (NCP OECD). The article concludes with an assessment of the acceptance of CIR in the enforcement of (EU) labour rights from a substantive perspective and elaborates on the possible tasks, requirements, and powers of CIR in enforcing EU labour rights.

The metamorphosis of definition of punishment in international criminal law

The article is devoted to an attempt to generalise and systematise the preliminary considerations regarding the outline of the initial contours of the so-called “interdependence” of the internal content and specific formulations and expressions which are currently commonly used to refer to the concept of “punishment in international criminal law”. An assumption is suggested concerning the evolving nature of the definition of the notion of punishment in international criminal law, given the wide terminological variety of concepts and constructs present in scientific usage, which are as a rule either “located alongside” or “used instead”. At least eighteen, to a certain extent, unique and original phrases designed to describe phenomena similar to “punishment in international criminal law” are identified, among which a special emphasis is traditionally assigned to such specific syntactic units as “international punishment” and “international criminal punishment”, the use of which is quite typical and fairly evident in the modern scientific and information discourse. An assertion is made about the potential existence of a fundamental difference in the definition of the concept of punishment in international criminal law depending on the approaches to its perception, in view of the underlying method depicted in specific terms and categories: 1) through the prism of the imposition of punishment on specific individuals (“punishment of international criminals”); 2) by understanding punishment through the category of “incredible atrocities” (“punishment for international crimes”); 3) by “reading” its content from the perspective of international and national criminal justice bodies (“punishment in the law and practice of international criminal tribunals and courts, national and local institutions”); 4) comprehending its essence by inserting it into a certain setting (“punishment in international, transitional and transitional contexts”); 5) either from the standpoint and perspectives of legal norms (“punishment and international law, punishment and international criminal law”) or their violation (“punishment for violations of international criminal and international humanitarian law”). It is emphasized that further scientific investigations aimed at establishing the essence of each of the currently existing terms with a view to clarifying their content in order to develop a unified definition of the concept of punishment in international criminal law are expedient.

International humanitarian law as a result of challenges of armed conflicts

The study is devoted to the analysis of the evolution of international humanitarian law in the context of the protection of human rights and freedoms during armed conflicts. The historical development of legal norms is considered, starting from the early attempts to regulate military operations to the formation of the modern system of international law. Special attention is paid to three key areas of development of international humanitarian law: Geneva, Hague and New York. The Geneva Conventions of 1949 and additional protocols to them, which became the foundation for the protection of war victims, are analyzed in detail. The Hague Conventions of 1899 and 1907, which established the rules of warfare and the principles of peaceful resolution of conflicts, are considered. The role of the UN in the development of international law is highlighted, in particular through the adoption of resolutions and the holding of international conferences. The work emphasizes the importance of creating universal standards for the protection of human rights and their consolidation at the level of international law. Key international documents such as the Universal Declaration of Human Rights, International Covenants on Human Rights and European Conventions are analyzed. The study reveals the process of integration of various aspects of humanitarian law, which led to the formation of a comprehensive approach to the regulation of armed conflicts. There is a growing understanding of the relationship between human rights, the rules of war and the protection of civilians. Particular attention is paid to modern challenges in the field of human rights protection during armed conflicts, in particular in the context of the Russian-Ukrainian war. Ukraine’s efforts to adapt national legislation to the conditions of armed conflict and the implementation of international norms are considered. The study emphasizes the need for continuous improvement of mechanisms for the protection of human rights in the conditions of armed conflicts and adaptation of international law to the new realities of warfare. The work is important for understanding the current state of international humanitarian law and the prospects for its development.

Interaction of International Humanitarian Law and International Human Rights Law in the context of armed conflicts

It is indicated that the problems of the interaction of international humanitarian law and international human rights law lie in the different historical origins, evolution and application of these two branches of law. The complexity of the interaction between the IHL and the ICRC lies in their extraterritorial action and different personal spheres of application. IHL undeniably applies to international and non-international armed conflicts, regulating the conduct of states and armed groups, while the IHL is recognized as the basis of law in peacetime, but also applies in periods of conflict. Finding the points of intersection between international human rights law (IHRL) and international humanitarian law (IHL) in the context of armed conflicts is the main objective of this section. The merger of these two legal fields, traditionally divided into separate areas of responsibility in peacetime and wartime, has gained unprecedented importance in the legal analysis of modern conflicts. The impetus for the development of the new paradigm was the rapid evolution of the nature of war, characterized by the emergence of asymmetric warfare and the blurring of the boundaries between state and non­state actors. Such transformations in the theater of war require a nuanced understanding of the legal instruments used in this context, which emphasizes the need for this analysis. The urgency of the issue is emphasized by the changing dynamics of international practice. The recognition by the International Court of Justice of the continued applicability of IHRL in conflict and the definition of IHL as lex specialis emphasizes that the legal landscape is in constant flux. At the heart of this analysis is the difficulty of determining the applicability of IHL, a task that is complicated by the problems of classifying conflicts as international or non-international. The principle of derogation - whereby states may temporarily suspend certain human rights obligations - creates an additional layer of complexity, affecting the interpretation and application of laws during armed conflict. Many provisions of international human rights conventions define the protected interest and then provide that any restrictions must be justified by reference to a list of aims, which varies from article to article and treaty to treaty, that are necessary for the achievement of the aim in question and are proportionate to its achievement. In this way, the IHRL provides a mechanism for balancing the requirements of individuals with those of others or the community itself.

Assessing the Principle of Equitable Access versus Non-Appropriation in the Era of Mega-Constellations

In the 21st century, mega-constellations and interconnected satellite constellations deployed at various orbital altitudes, such as LEO, MEO, and GEO, with low Earth orbits (LEOs) being the most commonly used, have emerged as a trend, aiming to enhance the productivity and reduce the costs in space service delivery. The UNOOSA has noted the uncertainty in the exact number of satellites but conducted simulations based on a substantial sample, projecting a significant increase from the 2075 satellites recorded in orbit in 2018. This surge in the launch of mega-constellations poses profound challenges to existing international space laws, originally formulated with limited consideration for private space actors, who are increasingly engaging in space activities, particularly with the cost-effective utilization of mega-constellations. This study critically analyzes the compatibility of mega-constellations with the current international space laws by examining the applicability of mega-constellations concerning equitable access and the non-appropriation principle, addressing their potential occupation of substantial orbital spaces during activities, and analyzing whether the acquisition of orbital slot licenses violates these two principles. Following an in-depth analysis, this study proposes recommendations to amend the existing laws, aiming to resolve ambiguities and address emerging challenges. Recognizing the time-consuming process of amending international space laws, this study suggests practical recommendations for supplementary rules of the road, prompting reflection on the potential obsolescence of the current international space laws in the face of evolving space activities.

The Effectiveness of the International Environmental Law: The Issues of State Sovereignty, National Interests, and Differing Levels of Commitments

This study aims to explore the main challenges facing international environmental law and affecting its effectiveness. Although many international texts and agreements have been adopted to address environmental degradation and promote sustainable resource development, most of these agreements remain ineffective in achieving the objectives of these agreements. The critical study reveals that these legal frameworks face many challenges that affect the effectiveness of these texts, for example, there are issues such as national sovereignty, the lack of unified implementation at the state level, insufficient funding, and weak institutional frameworks. This study aims to provide a comprehensive analytical view of the factors that affect the effectiveness of these texts and frameworks. The issues of national sovereignty, insufficient funding, weak institutional frameworks, different levels of commitment, lack of political will, and global cooperation will be mainly discussed here. By focusing on the most important challenges facing international environmental law, this research aims to contribute to developing international environmental law to make it more effective.

International tourist organizations: legal status, classification, significance

The constant growth of international tourism exchange has led to the need for its legal regulation at the international level and the establishment of various international tourism organizations. The relevance of the study is due to the growing role of international organizations in the development of cooperation in the field of tourism. The study aims to determine the specific features of the functioning of international tourism organizations as subjects of international tourism law. To conduct an objective study, the following methods were used: analysis and synthesis; deduction and induction; structural and logical generalization; and systematization. The article identifies the specific features and peculiarities of international tourism organizations. It is established that international organizations play an important role in the formation and application of international law, both in the process of its formation and in its implementation. International tourism organizations are formed through voluntary accession and participation of tourism sector representatives from different countries, operate continuously by the adopted charters, and have already proven to be an important instrument of international cooperation. The author defines the legal status of international tourism organizations. The author establishes that the most common international tourism structure is an association that brings together national organizations, tourism industry enterprises, and individuals voluntarily to solve specific tasks in the field of tourism. Approaches to the classification of international tourism organizations are generalized. The classification of international tourism organizations by types of activity, spheres of activity, national­territorial basis, and socio-state basis is considered. International tourism organizations are usually divided into the following main groups: global of a general nature; regional of a general nature; regional of a sectoral nature; specialized; and special. The article examines the role of leading international tourism organizations in developing tourism. The United Nations has recognized the leading role of the World Tourism Organization in the field of tourism and travel, assigning it the key responsibility for promoting responsible, sustainable, and accessible tourism, designed to foster economic growth, international understanding, peace, and prosperity, as well as mutual respect and unconditional observance of civil rights and fundamental freedoms.

Unilateral acts of states in the international legal system

The article examines unilateral acts of states in the international legal system based on a complex systemic analysis. The methodological basis was the dialectical method, which made it possible to understand the essence of international legal obligations of states in inseparable unity and general connection. The relevance of the study is determined by the trends inherent in modern international law. First, with the development of information technologies, and especially with the development of forms of information transmission, the sphere of activity of states is transformed. An increasing number of interested persons knows their positions on a wide range of international legal issues. On the one hand, it simplifies the process of identifying the state’s position when its analysis is necessary for international legal qualification. On the other hand, in such a situation, the possibilities for interpreting the behavior of a specific state from the point of view of its agreement or disagreement with a certain legal situation expand. In the practice of international relations, there is an expansion of the system of sources of international law. The study of these sources is necessary for understanding the foundations of international law, solving specific international problems and increasing the effectiveness of international cooperation. As the practice of international jurisdictional bodies accumulated, the subject of study of which was unilateral acts of states, the research emphasis shifted from establishing the essence of unilateral acts to assessing their relationship with the sources of international law. It is noted that unilateral acts play an important independent role in the modern international system, which is characterized by both fragmentation and growing globalization. Modern means of communication have made it possible to make unilateral acts one of the most frequently used tools of state interaction. The appropriateness and necessity of the development of the legal regime of unilateral acts is emphasized and substantiated. Unilateral acts of states are recognized as independent additional sources of international law capable of generating international legal norms, and they can be found in the «sources» section of many leading international legal documents.

International legal mechanisms for ensuring the responsibility of the air carrier before the passenger

Liability to passengers and cargo owners for damage caused during international air transportation is primarily borne by the carrier. From the content of the Warsaw and Montreal Conventions, it follows that the carrier can be any natural or legal person who has concluded a contract of carriage with the passenger or the consignor of the cargo and carries out this carriage on a remuneration basis. Reasons are required for the carrier to be liable as a party performing the contract. The plaintiff, who demands compensation, must prove the fact of breach of obligation by his counterparty, the presence and amount of damage, as well as the cause-and- effect relationship between the offense and the damage. However, the defendant (carrier) has the right to prove the absence of his fault and refer to the limitation of his liability. The Warsaw (1929) and Montreal (2009) conventions contain relatively detailed and fairly clear instructions on the carrier’s liability, establishing the grounds for exemption from it and, in most cases, limiting its size by the so-called relaxations in the air carrier’s liability regime. Like the norms of the internal transport legislation of the states, the norms of the conventions are of an imperative nature, with equal protection of the interests of consumers of services provided by transport organizations, and even the complexity of transport operation technologies, the mass of operations and the risks associated with the use of vehicles. This article examines the question of the extent to which international conventions and rules determining the liability of air carrier passengers have been successfully harmonized at the international level and eliminated the conflict of law problem, as well as the degree of development and effectiveness of these international conventions and rules, norms for ensuring the liability of air carriers to air passengers. Summarizing, the author notes that the Montreal Convention improves the situation of passengers and cargo owners, eliminates complications with lengthy court processes, to the advantage of the Warsaw Convention, which is somewhat outdated and does not correspond to today’s realities. The new convention strengthens competition in the air transport market, increases the responsibility of airlines to passengers and removes restrictions on compensation for loss of baggage or damage to the life and health of passengers, significantly simplifying the mechanism of obtaining it.

Integration of legal databases in the context of EU accession aspirations

It is determined that the process of cooperation within the framework of the European Union has increased the need for identification and exchange of legal information coming from regional and national authorities at the European level. This need is partially met by digitally accessible legal information and the widespread use of the Internet. However, the exchange of legal information is largely limited by the differences that exist in different national legal systems, as well as the differences in their technical systems used to store and display the law on their respective websites. This hinders interaction between the information systems of national and European institutions, despite the increase in the availability of documents in electronic format. At the same time, the interconnection of national and international legal information from various sources and their presentation in the form of linked data of legal knowledge will undoubtedly improve the process of searching for legal information, expanding the possibilities of inquiries that are not currently possible. Moreover, in an increasingly digital society, where the number of cross-border civil and criminal proceedings is rapidly increasing, and given the complex diversity of different legal systems in the EU Member States, the simplification and facilitation of cross-border judicial cooperation is essential to ensure effective access of citizens and businesses to justice. At the same time, the system of identification and metadata should be well known to citizens and specialists in the field of law. In addition, to increase the chances of finding case law that is supported by an identifier and metadata, these court decisions should be searchable - by identifier and a minimal set of metadata - through a common interface. The exchange of digital evidence in the EU is also an important aspect. Currently, countries cooperate using private international law in cross-border criminal cases and exchange digital evidence based on these tools. The choice of tool depends on the countries involved and the type of information required.

Current legal activities come to the complexity of the term "electronic commerce": international and national level

The article provides a comprehensive study of various approaches to defining the term «electronic commerce» in the context of modern legal, economic and technological challenges. The analysis begins with an overview of scholarly perspectives on e-commerce, which range from narrow interpretations that focus on basic online sales contracts to broader concepts that encompass all aspects of electronic interaction between business entities, including logistics, marketing, financial operations and international transactions. The term «e-commerce» is clearly distinguished from related concepts, such as «e-commerce», «e-business», which mostly focuses on the sale of goods and services. The article also explores the positive aspects of e-commerce, such as increasing the efficiency of business processes, reducing transaction costs, access to global markets, increased convenience for consumers, etc. At the same time, a number of negatives have been identified, including the risk of personal data theft, payment fraud, and other types of cybercrime. The normative regulation of electronic commerce at the level of international law and in Ukraine is separately analyzed. The main legislative acts and their impact on the development of e-commerce are highlighted. On the basis of the conducted research, three key criteria for a clear definition of e-commerce are formulated, including legal relations arising through electronic means, interaction of entities through the Internet, and multi-level business processes, namely: basic e-commerce, integrated e-commerce and global e-commerce. As a result, a proper understanding of e-commerce as a form of business activity is proposed, which involves the implementation of commercial transactions using information and telecommunication means, covering a wide range of processes, including the conclusion and execution of contracts for the sale of goods and services, payment processing, logistics, marketing and advertising , as well as management of currency and customs operations during international transactions, which allows to increase business efficiency and reduce costs due to process automation, optimization of resource management, rapid exchange of information, reduction of transaction costs and simplification of communication between market participants.

Evolution of social standards and guarantees in the legal system of Ukraine: current challenges and development prospects

The study is devoted to the evolution of social standards and guarantees in the legal system of Ukraine, the analysis of modern challenges in the field of social protection and the determination of prospects for their further development. In the conditions of economic and political transformations, ensuring the appropriate level of social standards is an urgent task. The article examines the historical development of social standards from the Soviet period to the modern stage of Ukraine’s integration into the European legal space. The impact of international law, in particular the European Social Charter and ILO conventions, on the formation of social standards is analyzed. The importance of adapting national legislation to international standards for increasing the level of social protection and bringing Ukrainian policy closer to European standards is emphasized. The influence of economic and social factors, such as crises, demographic changes, social inequality and migration processes, which create serious challenges for the state, is considered. Special attention is paid to social guarantees for vulnerable population groups, such as pensioners, people with disabilities, internally displaced persons and combatants. The main problems of these groups in the realization of the rights to social protection were identified and recommendations were given for improving the mechanisms of social support. The author emphasizes the need to reform social policy to create a more effective and fair system of social protection. Contemporary challenges in the implementation of social standards are explored, including economic instability, demographic changes, military conflict, inefficiency of public administration, and corruption. Emphasis is placed on a comprehensive approach to overcoming them, increasing the financial stability of the social system, improving legal regulation and cooperation with international organizations. Prospects for the development of social standards depend on the state’s ability to ensure the sustainability of social policy, adapt legislation to international standards, and increase the availability of social services. The successful implementation of these measures will contribute to Ukraine’s integration into the European legal space, which is strategically important for the country’s development. The article offers a comprehensive analysis of the evolution of social standards in the legal system of Ukraine, identifies the main challenges and provides recommendations for the further development of social policy.

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 right to education under the conditions of martial state

The right to education is one of the fundamental human rights approved in the Constitution of Ukraine. However, the war conditions taking place on the territory of Ukraine create significant challenges for ensuring this right. In this article, we analyze the problems that arise in the context of ensuring the provisions of Article 53 of the Constitution of Ukraine in conditions of war and offer ways to solve them. This article highlights the importance of ensuring the right to education under martial law in Ukraine and suggests practical measures to achieve this goal. The study of this topic contributes to the development of effective strategies for managing educational processes in wartime conditions. Ensuring the right to education in the conditions of martial law in Ukraine becomes a particularly acute problem due to active hostilities and occupation of territories. Military operations are accompanied by violations of human rights, including the right to education, which is contrary to international standards. Military aggression forces the evacuation of schools, universities and other educational institutions, which disrupts the educational process and creates difficulties for obtaining an education. The results of military operations have serious psychological consequences for children, youth and teaching staff, which negatively affects their learning and work capacity. The article analyzes the problem of ensuring the right to education under martial law. The challenges faced by Ukraine in providing educational opportunities during the war are investigated. Special attention is paid to strategies for protecting the right to education, including the role of international law, humanitarian aid programs and innovative approaches to education. Based on this analysis, recommendations are provided to improve the situation with the right to education in the conditions of military conflict. The problems of education during the legal regime of martial law are analyzed, the need to continue measures to guarantee the constitutional right to education is emphasized, since education is considered extremely important for the progress of society, the future of the country directly depends on the level of education, talents, culture and consciousness of the young generation.

Environmental challenges and economic cooperation between Ukraine and the EU: prospects for sustainable development

The article is dedicated to analyzing the cooperation between Ukraine and the European Union, which began with the signing of the Partnership and Cooperation Agreement in 1994 and reached a new level after the signing of the Association Agreement in 2014. The focus is on the impact of this agreement on Ukraine’s domestic and foreign policies, particularly in the context of sustainable development and ensuring environmental security. The article examines the role of international agreements in regulating Ukraine’s environmental policy, particularly the principles of preventive measures and the use of natural resources within the framework of sustainable development. Despite the formal incorporation of relevant provisions in international treaties, the real situation regarding environmental security remains challenging due to the conflict between the economic interests of developed countries and transnational corporations and the demands of environmental protection. The article separately addresses the influence of international law on the development of Ukraine’s energy policy and its integration into the pan-European energy space. The importance of transitioning to renewable energy sources and the role of the European Union in financing and supporting such projects are analyzed. It is noted that sustainable development and environmental protection should become priorities within the framework of Ukraine’s energy security policy. The article also outlines the main challenges Ukraine faces in the context of international environmental security, particularly the insufficient effectiveness of international organizations in recognizing and counteracting environmental crimes. Despite this, the importance of cooperation with the EU to achieve a stable deceleration of environmental degradation is emphasized.

Problems of enforcement of court decisions on recovery of spousal maintenance abroad: legal and practical obstacles

The article deals with the problems of recognition and enforcement of Ukrainian court decisions on recovery of spousal maintenance in foreign countries. The author emphasises that the current conditions associated with the introduction of martial law in Ukraine have brought new challenges to family legal relations which require further research in order to provide proposals for their solution. The author substantiates that the stay of the payer of spousal maintenance abroad makes the issue of proper fulfilment of his/her obligation particularly relevant in modern conditions. The author examines international conventions relating to the enforcement of the obligation to pay alimony in foreign countries. It is established that despite the existence of the conventions studied, there are difficulties in the enforcement of court decisions. The author examines the peculiarities of recognition and enforcement of a court decision on the recovery of alimony in a foreign country and the problems that may arise for plaintiffs. The author establishes that despite the legal force of a court judgment in Ukraine, it cannot be automatically enforced in a foreign country without prior recognition. Attention is paid to the problem of impossibility of recognition for enforcement of a Ukrainian court judgment in a foreign country in case of improper notification of the defendant of the court proceedings. The author highlights the problem of proper service and notification of the defendant located abroad of the proceedings and the grounds for the claim, which significantly affects the consideration of the case within a reasonable time and further enforcement of the court decision. The author establishes that notification of the defendant of the commencement of litigation in Ukraine depends on cooperation between Ukrainian and foreign authorised bodies, which affects the efficiency of the enforcement of a court decision. The author focuses on the problem of searching for a defendant in a foreign country and the possibility of enforcement of a court decision on recovery of spousal maintenance. Attention is drawn to the problem of enforcement of a court decision on the recovery of spousal maintenance from persons who have been granted refugee status or from persons in need of temporary protection in foreign countries. The author argues that further research should be aimed at finding and solving problems related to the enforcement of national court decisions in foreign countries.

Deep Learning Methods to Mitigate Human-Factor-Related Accidents in Maritime Transport

Artificial intelligence aims to be the solution to multiple engineering problems by trying to emulate the human learning process. In this sense, maritime transport standards have clearly evolved, which are based on two principal pillars: the International Convention for the Safety of Life at Sea Convention (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL). Based on a formal safety assessment research process, these pillars try to solve most of the maritime transport accidents, which, in their final steps, are associated with human factors. In this research, an original methodology employing a deep learning process for image recognition during mooring line operation, a dangerous process on ships, is developed. The main results indicate that the proposed method is an excellent tool for advising ship officers on watch and, consequently, provides a new way to prevent human factors onboard from causing accidents, which in the future must be considered in international standards.

أحكام المسؤولية الدولية وفقاً لقواعد القانون الدولي

The establishment of liability is considered a natural punishment in any legal system, whether through national legal systems, in particular the international community, and responsibility in this case arises, regardless of the person who violates the provisions of national or international law, as a result of the error or unlawful act committed by the offending person, and the cause of damage to another person, which leads to the establishment of responsibility in favour of the latter against the person who committed an unlawful act, or refrained from doing a legitimate act, and the cause of this act or omission is harmful to another person. Based on the foregoing, international responsibility in the face of States and other persons of public international law addressed under international legal rules as a normal procedure resulting from the establishment of international responsibility as a result of violating the sources establishing international legal rules, namely either international treaties, international custom or even general principles of law, where the State that violated the provisions and rules of international law is obliged to compensate the State affected by the wrong or wrongful act, or by restoring the situation to their correct as much as possible, and the establishment of international responsibility in this case is considered an actual translation of the provisions and rules of international law through its practical application on the ground Reality. As a result of international law's keenness to protect the international community and its rights from illegal practices, international responsibility must be established towards any person of public international law who has infringed on the rights of other persons, which has added some effectiveness to the rules of international law, unlike in the past when resorting to the settlement of disputes by peaceful means was almost impossible.

Имплементация международно-правовых норм об ответственности за экоцид в российском уголовном праве

The article reveals the concept of "implementation" based on the study of international legal doctrine. The correlation of this concept with such types of "penetration" of international norms into the domestic sphere as transformation, incorporation, reception,etc. is shown. Special attention is paid to ecocide as a result of the implementation of international law in the norm of responsibility for this crime in the Russian criminal law. It has been established that the process of implementing the norms of international law on ecocide is complicated by many problems, the main of which are: a) a large number, diversity and intensive dynamics of relevant international norms; b) the choice of optimal ways of implementation; c) maintaining a balance between the law and policy. The State, as the main (primary) subject of international law and a monopolist in the development and implementation of criminal policy, fully possesses the means to resolve these problems.