International Legal Agreements Research Articles

Kewenangan ITLOS dalam Menyelesaikan Sengketa Pulau Dokdo Antara Jepang dan Korea Selatan

ITLOS or which is an abbreviation for The International Tribunal for the Law of the Sea is a legal body to adjudicate cases and disputes arising from violations of the contents of the convention. In this case, what will be discussed in this research is the case of the dispute between Japan and South Korea, namely the Dokdo island dispute. Dokdo or Takeshima Island is a group of coral islands located in the easternmost part of South Korea and in the northwestern part of Japan. In general, Dokdo Island consists of two main islands, namely Dongdo and Seodo, which come from Korean. The total area of the two islands is 187,453 meters. If divided by the numbers, Dongdo Island has an area of 73,297 meters and Seodo has an area of 88,674 meters. The dispute between Japan and Korea began when Japan lost the second world war. At that time, Japan was asked to return its colonies, including Dokdo Island. Therefore, in 1950 when the Japanese military occupation ended, South Korea immediately declared it their own territory. Talking about research methods, this research uses normative juridical research methods, where research in the process examines literature materials as primary data. The primary legal material in this research is international legal conventions and agreements, namely UNCLOS.

Legal regulation of climate change in the context of global warming

The relevance of the problem stated in this article is due to the direct negative impact of the climate change, in particular the global warming, on most life-supporting human processes: production, agricultural sector, safe and secure dwelling of population, and more. The purpose of this article is to study the effectiveness and efficiency of harmonization of the national legislation of the developed countries in accordance with international legal treaties in the field of climate in the context of global warming. The formal legal method is the main one in the study of this issue, which allows making a legal analysis of the provisions of international legal treaties of both a general nature and special rules that relate to the carrying out of entrepreneurial activity, considering the minimization of negative impact on the climate change, as well as foundations for implementation of the carbon neutrality policy. As a result of research, it was made the legal analysis of the content of legal acts on the issue of climate change. The requirements for business entities were determined, provided for by the international legal agreements and leading to a decrease in the negative impact on the climate. In addition, it was made an analysis of the legal basis and feasibility of achieving the carbon neutrality in the developed countries until 2050. To a greater extent, the results of the study are of theoretical significance, since the generalization of requirements provided for by international law is the end result of the study, which together will lead to a decrease in the impact of global warming on climate change, states, business entities and individuals. In turn, the results of this study can be the basis for improving the mechanisms of influence on the climate both in the field of legal sciences and technical sciences. .

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.

History of the use of chemical weapons for military purposes and the possibility of their current use

Throughout the history of mankind there have been many wars of both local character and large-scale wars. At the heart of military actions necessarily lies the use of weapons, one type of which is chemical. Chemical weapons, the basis of which are diverse in their effect on the body and chemical composition of poisonous substances, began to be used for military purposes during World War I, namely, the first use occurred on April 22, 1915 in Belgium near the city of Ypres. Germany used gas cylinders filled with chlorine in this attack. The man who created this weapon was German chemist Fritz Haber, who became known as the "father of chemical weapons". Since that time, scientists from different countries began to actively study the effect of poisonous substances on the human body, synthesize their new types, as well as search for reliable means of protection against its effects. Throughout history, attempts have been made to ban the use of chemical weapons. In particular, after the end of the First World War, the Geneva Protocol was adopted in 1925, prohibiting the use of asphyxiating, poisonous or other similar gases in war. However, this agreement failed to limit the use of poisonous substances, which led to their further use, mainly in localized wars. Much work on the prohibition and destruction of chemical weapons belongs to the Organization for the Prohibition of Chemical Weapons, established in 1997 after the adoption of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction in 1993. The purpose of this paper is to summarize the history of chemical weapons for military purposes, as well as to study the activities for their prohibition. Literary data of recent years on the history of creation, use of chemical weapons and international legal agreements on their prohibition and destruction, the main types of toxic substances, means of protection against their effects are analyzed. Conclusions are made about the possibilities of chemical weapons use at present.

МЕЖДУНАРОДНО-ПРАВОВОЕ РЕГУЛИРОВАНИЕ СПАСАТЕЛЬНОЙ ДЕЯТЕЛЬНОСТИ НА МОРЕ В СОВРЕМЕННЫЙ ПЕРИОД

This publication provides a detailed analysis of the international legal regulation of rescue activities at sea. International legal norms and agreements regulating the above activities have been researched. These norms and documents indicate the readiness of most states of the modern world, parties to relevant international treaties, to jointly confront emergency situations at sea, eliminate their consequences and jointly carry out rescue activities, regardless of geopolitical and other interests. 
 The legal relations that develop in the process of implementation and compliance with international legal norms and agreements in the framework of rescue activities, which is a dynamic and multifaceted area that requires constant adaptation and development in accordance with changing conditions and challenges, are considered. Given the global nature of maritime activities and the universality of maritime safety issues, it is necessary to continue research, improve regulations and strengthen international cooperation to ensure effective and timely maritime rescue. 
 The conclusion is formulated that the development of international maritime law and maritime security contributes to the establishment and improvement of international cooperation in the field of search and rescue, which is important for protecting the lives and health of people, prevention emergency situations, as well as maintaining and strengthening global maritime security.

International legal agreements on the provision of environmental sustainability

The relevance of the subject is the need for immediate international legal regulation and international cooperation between countries in the process of combating the global problem of environmental security and sustainable development. The author analyses the current state of environmental security at the international level and identifies the problems, advantages and disadvantages of international regulation. The results of this study are recommendations on international partnership in environmental nature protection. The authors therefore proposed ways to improve the international legal regu-ation of environmental sustainability. Having analysed the main international legal agreements, recommendations on elimination of shortcomings to achieve effective in- ternational cooperation in the mentioned sphere were provided.

The Role of Non-Arctic Powers in the Arctic Geopolitical Space

The Arctic region is increasingly emerging as a pivotal factor in the geopolitical landscape of international relations. It serves as an arena where the interests of major global powers converge, encompassing vast mineral reserves, territorial disputes, and the ongoing development of the Northern Sea Route. Arctic nations are establishing frameworks for cooperation and regional development, resulting in the creation of international organizations such as the Arctic Council and the formulation of comprehensive programs for the sustainable development of northern territories. This article aims to assess the involvement of non-Arctic powers in the development of the Arctic. Notable emerging actors include the People’s Republic of China, India, South Korea, Japan, and the European Union. Our examination reveals their significant contributions to economic development, the establishment of scientific centers focused on ecological research and climate change, as well as mineral exploration. Furthermore, this research raises important questions regarding the legal status of the Arctic seas, particularly those through which commercial vessels navigate. In the foreseeable future, potential scenarios involve further modifications to the institutional governance of the Arctic region, an expansion of the Arctic Council’s authority and membership, and the negotiation of new international legal agreements to facilitate cooperative interstate development in the Arctic based on effective and trust-based partnerships.

Implementasi Prinsip Konvensi Internasional dalam Mengurai Pelanggaran HAM di Indonesia

The purpose of this research is to find out the form of implementation of the principles and obstacles to the enforcement of human rights violations in Indonesia and their relationship to the content of international conventions. The approach used in this study is a normative legal approach. This research is related to the legal study of library materials. The results of research conducted regarding the implementation of human rights principles are in line with international legal agreements in the Indonesian legal system in general, but the constraints or obstacles are still not very effective in overcoming discrimination violations based on the principle of equality, with international agreements on human rights. It is different in Indonesia, its implementation has been regulated in the initiative of national laws and regulations related to human rights contained in the 1945 Constitution. This means that it has been in effect since the time of Indonesia's independence.

GLOBAL NUCLEAR SECURITY: CURRENT POLICY EMPHASIS

The article presents an analysis of the understanding of global nuclear security in terms of political accents. The relevance is explained by the processes that are currently taking place all over the world, taking into account the military operations in Ukraine. In addition, the global nuclear order is changing, the climate is changing, your oil price volatility, and the increasing problem of energy security. This speaks of the relevance and importance of turning to the study of issues of the future use of nuclear energy. The nuclear future requires significant efforts to strengthen international organizations and the regulatory framework that governs global nuclear affairs. It was noted that nuclear security requires global solutions, networks of national measures, international legal agreements and voluntary initiatives that form the basis of a comprehensive and effective global security architecture. Without a comprehensive and effective architecture, the progress made by countries is diminishing and it will be difficult for countries to sustain progress forward. Today, the country's approaches to nuclear security are very different, creating the danger that small links have been created to get rid of terrorists, looking for the easiest route to weapons-grade nuclear material. Only a general system that holds all states accountable to the same standards can ensure this. All countries must effectively exercise their sovereign security over their nuclear materials and facilities to prevent an act of catastrophic nuclear terrorism and thus preserve the benefits of peaceful nuclear energy.

Mutual Legal Assistance International Agreement in Eradicating Transnational Crime

Transnational crime can be said to be one of the threats that has quite a big impact on Indonesia's security. So that there are no more obstacles in eradicating transnational crime, cooperation between countries is needed through Mutual Legal Assistance (MLA) agreements. The application of mutual legal assistance is implemented to increase the effectiveness of cooperation in eradicating transnational crimes. The existence of an international Mutual Legal Assistance agreement that functions to carry out cooperation between countries, which includes investigations and examinations at trials until the implementation of court decisions, can complement the enforcement of extradition agreements

ІННОВАЦІЙНА СИЛА ТА СТАТУС УКРАЇНСЬКОЇ ЕКОНОМІКИ В КОНТЕКСТІ ЄВРОІНТЕГРАЦІЙНИХ ПРОЦЕСІВ

The innovative power of Ukraine plays a vital role in driving its economic growth and competitiveness, primarily as the country aims to integrate with Europe and works towards attaining candidate status for EU membership. To accurately assess Ukraine's innovative status and identify areas for improvement, it is imperative to evaluate critical indicators and factors. Given the current economic realities, pursuing an effective innovation policy for our country is of utmost importance, considering its status as a candidate for European Union membership. The article aims to analyze the innovative power and status of the Ukrainian economy within the framework of European integration processes. It has been determined that the level of innovative activity in Ukrainian companies is currently below the international standard and needs to catch up to the average benchmark set by the European Union. Emphasis is placed on the fact that most innovations are primarily "new to the firm," often achieved through equipment acquisition, rather than "new to the world" innovations. The study revealed that Ukrainian companies encounter a challenging external environment in their pursuit of innovation. Consequently, critical positive and negative factors that significantly influence the potential innovative power of the Ukrainian economy have been identified. The article analyzes the international legal agreements that serve as the foundation for cooperation between Ukraine and the EU in research and innovation. Furthermore, it highlights that Ukraine is classified as a new innovator according to the European Innovation Scoreboard 2022. The article emphasizes the structural disparities between Ukraine and the European Union, which significantly impact the innovative status and strength of the Ukrainian economy. The research concluded that Ukraine has substantial potential for cultivating an innovation-driven economy, owing to its large talent pool and entrepreneurial aptitude. Nevertheless, the innovative potential of Ukraine has yet to be fully realized, and the military conflicts on Ukrainian territory have introduced a new existential risk to the country's innovation sphere. Overcoming this challenge necessitates the effective engagement of public-private partnerships, a substantial increase in scientific funding within Ukraine, and the utilization of new opportunities, including financial ones, presented by the candidate status for EU membership. Particularly, joining the European research area holds promise in this regard.

Impact of the Paris Agreement on agriculture, energy, and economy

The Paris Agreement is the third important international legal agreement in human history to address climate change, following the 1992 United Nations Framework Convention on Climate Change and the 1997 Kyoto Protocol, which influenced the post-2020 global climate governance landscape. Compared with the previous ones, the Paris Agreement is more equitable and feasible. It conveys stronger global willingness in the area of low carbon transition and sets out a clearer global vision in the area of the energy revolution. This article summarizes the key initiatives of the Paris Agreement and also found that Paris Agreement has profound implications for the agriculture sector and energy sectors. By transferring the carbon emitter into the carbon sink and balancing the food security issues and land-based greenhouse gas emission reduction measures, the agriculture sector would contribute considerable efforts to the abatement mission. The energy sector, on the other hand, generally explores the pragmatic patterns of paradigm shift. Without the transformation and upgrading of these two largest greenhouse gas emission sectors, the long-term goal of the Paris Agreement could not be fulfilled, and humankind’s wellbeing would be further undermined. In addition, a critical element of the Paris Agreement, the green finance issue, is discussed. Achieving the Paris Agreement goals needs numerous investments into relevant fields and important players’ collaborations globally.

Populism and the Threat to International Law

The rise of populism represents a threat to constitutionalism, democracy, and the rule of law. Populist governments are a threat to the international legal order and to the authority of international legal agreements. This article will, therefore, look at the serious threat to international law that is presented by populism. This fundamental threat to international institutions, multilateralism, and the funding received by NGOs Non-Governmental Organisations (NGOs) is based on the promotion by populist governments that the edicts of international law are merely a matter of coordination and interventionism. Populists and populist governments traditionally promote this ideal through their policies, which are anti-pluralist and are focused on a limited set of agenda-setting goals that are in opposition to the fundamental international goal-setting of protecting human rights, along with the collective agreements between nations for the enhancement of the international community. This article will ascertain the very real threat that is posed by the continued rise of populism and, in particular, a populist government.

Dual citizenship in the context of the interaction of international and national public law

The subject of the study is international legal conventions and agreements concluded in the XX-XXI centuries on issues of dual citizenship. The methodological basis of the research consists of the following methods of cognition: system legal analysis, comparative legal and formal legal analysis. The purpose of the work is to compare international legal norms that consolidate the legal status of persons with dual citizenship. The article examines the issues of military duty and tax payment by bipatrides, as well as the constitutional and legal regulation of legal relations related to citizenship, analyzes the institution of dual citizenship in the context of the protection of state sovereignty. The author considers bilateral international legal agreements concluded on issues of dual citizenship. The author concludes that the adopted international acts are mainly aimed at reducing the occurrence of dual citizenship, which indicates the unwillingness of countries to openly recognize this legal institution. The scientific novelty of the study lies in the fact that the author proposes the inclusion in international legal acts on the avoidance of double taxation of additional criteria for determining the status of tax residence of bipatrids. In order to develop international cooperation with the Republic of Belarus, the author proposes the adoption of a single Union normative legal act in the field of citizenship, which enshrines the rights and obligations of citizens of the Union State and establishes that citizens of the Union State are not persons with dual citizenship.

Combating drug trafficking: the international legal dimension

According to the provisions of international legal agreements governing interstate relations at sea, there must be a specific connection between states that release ships flying their flag at sea and those ships that use the attributes of the respective state. This regime provides for the existence of a number of interrelated rights and responsibilities that have both the state and the relevant vessel under its flag. In the event that a seagoing ship violates the rules of international law, the State concerned shall have the right to apply liability to such a ship. It is the purpose of this research that is the analysis of the obligations of the states whose flag ships go to sea that violate the established international legal requirements, in particular - in the field of drugs and psychotropic substances. The author of the article used a number of methods of scientific knowledge to obtain relevant results. Such methods include the dogmatic method, the comparative legal method, the deduction method, and the induction method. As a result of the study, the author concluded that the system of obligations of the "flag state", which includes, inter alia, obligations to stop the illicit trafficking of narcotic drugs and / or psychotropic substances, is the illegal use of "flag vessels" and constitute the concept of «genuine link».

Строение Особенной части Уголовного кодекса Российской Федерации: современность и перспективы

The aim of the presented work is a legal analysis of the structure of the Special Part of the Criminal Code of the Russian Federation from 1996 to 2020 in order to identify trends in contemporary criminal law construction and prospects for the structuring of Russian criminal legislation. We have studied individual structural components available in the Special Part of the Criminal Code of the Russian Federation (such as chapters, sections, articles, as well as special attention to the dispositions, sanctions and notes to the articles of the Special Part of the Criminal Code of the Russian Federation) in the context of the modern development of socio-economic and political relations. Particular attention is paid to the methods of legislative technique in the construction of the Special Part of the Criminal Code of the Russian Federation. The tendencies typical of the modern criminal legislation were revealed. Attention was drawn to the presence of certain differences in the construction of the Soviet criminal codes and the current criminal law. Opinions existing in doctrine on the problem of construction of the modern criminal law of Russia are given. It is shown that the systematic ongoing permanent changes in the content of the articles of the Special Part of the Criminal Code of the Russian Federation leads to a significant violation of the logic of the criminal law system of Russia as a whole, as well as entails the creation of irreducible inconsistencies and contradictions within the current criminal law. The lack of a holistic understanding of the basis and content of the criminal law leads to haphazard changes and transformations, which create chaos inside the criminal law document. The paper argues that the only way out of the current situation is the development of a unified concept of structuring the criminal law of the Russian Federation. The concept must be based on historical experience, on prevailing domestic political, economic and social conditions, on international legal agreements, on criminological foundations, on modern achievements in legislative technique and, of course, on the latest doctrinal research. In the first quarter of the XXI century criminal and legal doctrine has carried out a profound scientific synthesis in the structure and content of the General and Special parts of the criminal law and created all the necessary groundwork for the development of a new Criminal Code of the Russian Federation or for the proposal of a new edition of the existing criminal law. The authors declare no conflicts of interests.

ВПЛИВ ПАНДЕМІЇ КОВІД-19 НА МІЖНАРОДНУ ТРУДОВУ МІГРАЦІЮ

The influence of the coronavirus was noted in every sphere of public life, and international labor migration was no exception. The pandemic once again focused on human economic and legal insecurity. Even though there are many legal acts in the modern world, in 2020 almost all migrant workers lost the chance to enjoy labor rights because they did not have the necessary mechanisms to interpret international legal agreements. The aim of the article is to assess the impact of the unprecedented COVID-19 pandemic on international labor migration. The article examines the impact of the unprecedented COVID-19 pandemic on international labor migration. It has been identified that the influence of the coronavirus has been observed in every sphere of public life, and international labor migration is no exception. It is noted that the effects caused by the coronavirus are still visible and have not been eliminated. Areas related to transport, hotels and restaurants, manufacturing and small businesses were the hardest hit, with the number of laid-off workers reaching 1.25 billion. The problem of the crisis of labor migration in the European Union, which arose due to the lack of full use of immigrants in the EU economy, is considered. The level of unemployment in different countries of the world is analyzed. It is concluded that the coronary crisis has created many problems for the world: restrictions on people’s rights to move, a direct threat to human lives, the global economic downturn, a serious crisis in medicine. It is proposed that in order to overcome the impact of the COVID-19 pandemic, all countries of the world should follow the following actions: stimulate the economy and employment; provide support to enterprises; pay special attention to migrants; take care of the safety of workers in their workplace. The corona crisis has created many problems for the world: restrictions on people’s rights to move, a direct threat to human lives, the global economic downturn, and a serious medical crisis. Many countries have always needed labor from third countries, and Ukraine has also been a labor donor. The socio-economic problems caused by the pandemic will continue for some time to come, and this is likely to increase population movements, possibly internally and abroad. Recent years have seriously changed the state of the migrant movement of the working population, as the coronavirus pandemic has made its adjustments. COVID-19 has posed many challenges in the area of labor migration.

ДІЯЛЬНІСТЬ ПРИТУЛКІВ ДЛЯ ЖІНОК, ЯКІ ПОСТРАЖДАЛИ ВІД ДОМАШНЬОГО НАСИЛЬСТВА В УКРАЇНІ: ПРОБЛЕМИ ТА ПЕРСПЕКТИВИ

Violence is one of the most widespread forms of violation of human rights in the world, which the state must defend and protect. Currently, in our country there are contradictions between the developed concept of combating domestic violence based on the interaction of various subjects and the insufficient level of its implementation due to the creation of an extensive network of specialized support services for victims. The purpose of the article is to analyze the activities of shelters that provide social services to women who are victims of domestic violence, and to justify the need to expand the existing network in Ukraine. The basic principles, mechanism of creation and financing of shelters are considered. The importance of applying world experience in this matter is substantiated. The financial support of international organizations in the process of creating shelters was studied. The study of shelter models, which are most represented in Ukraine, has been further developed. The main method used is the analysis of documents for the study of international legal agreements and national legislation on combating violence. In the course of the study, the main problems in the operation of shelters were identified. They are associated with a small number, insufficient funding, and a low level of public awareness of the availability and working conditions of institutions. The mechanism of cooperation between authorities and institutions that provide assistance to affected persons also needs coordination at the regulatory and practical levels. The following steps should be the ways of improvement: creation of an extensive network of shelters; professional development of specialists who work with women who are victims of domestic violence; increasing sources of funding for institutions, primarily through public-private partnerships.

The AUKUS international legal agreement and its impact on international institutions and security

This paper focuses on the research of indicators in chronological order, which calls for the conclusion of the AUKUS international legal agreement signed between Australia, Great Britain, and the United States and its impact on international developments. In this article, descriptive, comparative, and analysis methods have been used to examine the scientific thoughts of different scholars, related to various scenarios of the issue being researched. Based on this research, we found out that Brexit, US withdrawal from Afghanistan, especially the AUKUS deal, consider being the dividing line between the old unipolar order and the new multipolar one (Vej, 2019; Wheatley, 2021). We have concluded that in the changing world order, US–European relations have fluctuated profoundly and their adjustment is almost impossible as they have been before. The article raises critical questions on the dynamics in the international system and their impact on security and international institutions. The scientific approach to the study topic is built by arguing the pros and cons of the opinions of various authors, who emphasize that the world order change and malfunction of international institutions are ongoing dynamics and irreversible (Mearsheimer, 2001)

Encouraging proactive governance of marine biological diversity of areas beyond national jurisdiction through Strategic Environmental Assessment (SEA)

The international legal agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (the BBNJ Agreement) currently being developed by the United Nations will be the foundation for conservation and sustainable use of these marine areas for the foreseeable future. As presently formulated the draft text seems more oriented to a reactive approach, based on the use of Environmental Impact Assessment (EIA) to respond to proposals rather than proactively pursuing what needs to be done to ensure sustainability of ocean ecosystems in ABNJ. In this paper we argue that a Strategic Environmental Assessment (SEA) process could transform the way that the BBNJ agreement approaches conservation and sustainable use. By conceptualising SEA as a process designed to facilitate strategic thinking it can facilitate a proactive approach to ecosystem function conservation and enable transitions toward sustainability. We outline and describe a SEA process that could be incorporated into the BBNJ Agreement. This process would be consistent with the currently proposed structure of the Agreement and the EIA process that is currently envisaged. The proposed process comprises two interacting tracks of SEA and Marine Protected Area/Area-based Management Tool (MPA/ABMT) development. The process would also facilitate engagement of the full range of regional and global stakeholders required for effective governance of Areas Beyond National Jurisdiction (ABNJ).