International Legal Framework Research Articles

Assessment of International Legal Protections for Displaced Children in Armed Conflicts

The protection of displaced children in the armed conflicts is an urgent and critical issue that demands comprehensive legal assessment and intervention. Armed conflicts often result in the displacement of vulnerable populations, with children being among the most affected. These children face heightened risks, including violence, exploitation, and the loss of family ties, which significantly impacts their physical and psychological well-being. International legal frameworks, including conventions and treaties, aim to safeguard the rights of children in such dire circumstances. However, the effectiveness of these protections often varies in practice, particularly in conflict zones where enforcement mechanisms are weak or absent.

Climate crisis and human migration: the emergent sociolegal parameters of a science-based policymaking

IntroductionThe Paris Agreement, signed in 2015, is the epitome of the effort for a global consensus on the problem of climate change and its repercussions, including climate-induced migration, aimed at improving the institutional capacity for the formulation of effective adaptation and mitigation policies. One of its novel characteristics was the incorporation of science in the formal policy toolkit: States must use the best available science, as the empiricism of traditional policy-making regimes, bequeathed by an era of ordinary climatic patterns, must now take a backseat and give way to the emerging paradigm of science-based policymaking. Given the growing awareness of the climate migration problem affecting humans from all paths of life and likely to disrupt social cohesion and economic development, our era is set to become an epoch of climate migration; still, the rights of climate displaced peoples continue to be neglected.MethodsThis article examines the extent to which the Paris Agreement and associated public policies have the capacity to address climate induced migration, since international law urges States to address all critical impacts of climate change, using the best available scientific knowledge in this purpose. The analysis is based on a review of the existing literature on the science-policy interface, followed by a presentation of developing trends in international law. Subsequently, the authors attempt to present the socio-legal context of the emerging trends and assess the integration of science in climate migration policymaking. In this context, comparative case studies are presented to underscore what seems to be disparities and gaps in policy implementation in this area.ResultsOur findings show that climate change raises unforeseen challenges that have not been properly assessed by policy makers both at the international and national levels, such as the extent of climate-induced human displacement and migration and the urgent necessity for legal protection of climate-induced migrants. The lack of a concrete and legally binding framework for States is highlighted, while science is only incorporated at suboptimal levels, although there seem to be recent changes in this paradigm, suggesting a shift towards greater operational integration of scientific inputs.DiscussionThe study highlights the prospects and challenges of emerging policy contexts, especially the binding duty to use science for policymaking, resulting in specific obligations –i.e., the necessity to produce and disseminate data, and to create the necessary institutional arrangements–, given that existing policy measures remain inadequate in addressing the scale and urgency of climate induced migration. The incorporation of science in policy, although progressing, requires more robust implementation to support climate justice initiatives, that must be pursued despite the complex policy implications involved at all levels.ConclusionThe paper suggests that efforts must be intensified in this specific direction to efficiently support initiatives toward more social and environmental justice, such as encouraging the development of climate migration databases and establishing specialized bodies. Parallel to this, it is suggested that enhancing the role of scientific evidence in policymaking should go hand in hand with strengthening the international legal frameworks; both will be essential to ensure that climate-displaced populations are adequately protected and supported.

The development of international civil liability legal regime for nuclear damage and their inspiration for domestic law-making

As International Atomic Energy Agency has stated in its Handbook on Nuclear Law, “Even in situations for which the highest standard of safety has been achieved, the occurrence of nuclear accidents cannot be completely excluded.” Therefore, the international legal framework for nuclear damage compensation liability has been evolving since the establishment of Nuclear Energy Agency of Organization for Economic Co-operation and Development (OECD NEA) and International Atomic Energy Agency (IAEA). Over the years, various international treaties have been enacted to address the compensation of nuclear damage and to establish liability regimes for nuclear incidents. To date, these treaties have established a series of legal principles of nuclear damage liability, such as the sole liability principle, the strict liability principle, the financial guarantee principle etc., which have been developing since establishment. This paper offers an overview of the historical development of the principles of these international treaties for nuclear damage liability and thus draws upon both primary and secondary sources, including treaties, official documents, academic literature, and reports by international organizations. Including the legislation study methodology, comparative methodology is also adopted in this paper to analyze the changes and trend of these principles. The paper reveals that the Paris Convention, which was established in 1960, was the first attempt to establish a comprehensive legal regime for nuclear damage liability. Most of the principles of this Convention have been inherited by subsequent international treaties and domestic legislations. With the awareness of protecting public’s rights having been significantly strengthened, the range of compensation has been broader, the matters of immunity from liability for operators of nuclear power plants have been reduced, the limitation of the compensation amount has been higher etc. In conclusion, the international legal regime for nuclear damage liability has been showing a shift from protecting the development of the nuclear industry to a joint protection of both public health and rights and the nuclear industry, which should be paid attention to and deeply learnt by domestic legislators of all states for the establishment and perfection of their domestic legislation in this field.

Environmental Impact Assessment System: Case Analysis of Existing Legal Disputes

Abstract: Environmental Impact Assessment (EIA) refers to the process of assessing the possible impact of planning activities on the environment. This paper contends that the current international legal framework does not adequately delineate the activation criteria for EIA and overlooks the significance of international collaborative duties that come into play when sovereign states embark on the initiation and execution of EIA processes. Only in relation to the general principles of international law can the nature of the EIAs obligation be comprehended. When dealing with cross-border damage, the requirement for due diligence is complemented by an implicit responsibility to collaborate. This latter obligation arises under identical situations as the due diligence requirement, particularly in response to 'the likelihood of significant environmental damage,' and thus, it needs to be satisfied by the national government under equivalent circumstances. This paper argues that the courts interpretation of environmental impact assessment is incomplete which is reflected in two aspects: (1) the ambiguity in the court's grasp of the EIA threshold's unpredictability. The International Court of Justice fails to clarify the criteria for establishing a 'substantial environmental risk'. (2) The court's oversight in considering the duty to collaborate could result in an overemphasis on the material aspects of EIA-treating it merely as a technical instrument. By reintegrating the cooperation duty, a more balanced perspective on the procedural elements of EIA could be achieved. Delving into strategies to rectify these two deficiencies and obtaining a holistic insight into the International Court of Justice's approach to EIA will yield substantial implications and relevance for future EIA-related endeavors.

The Challenges of the New York Convention and Potential Solutions

This paper analyzes the current challenges of the New York Convention and proposes potential solutions through the actual situation and public reporting. Central to these challenges is the over-dependence on the judicial systems of the target countries, which often results in inconsistent and unreliable enforcement of international arbitration awards. This analysis identifies several key issues impacting the Convention's effectiveness: the conservative attitude of some countries in the enforcement of international arbitration, judicial corruption, the imperfection of the judicial system, and the different enforcement procedures under various judicial systems. To address these impediments, the paper explores innovative solutions inspired by successful practices from other international legal frameworks. Notably, it examines the streamlined processes of the Madrid Agreement Concerning the International Registration of Marks and various bilateral legal assistance agreements. These models provide valuable insights into simplifying procedural complexities and enhancing the uniformity of legal processes. By integrating these practices, the paper proposes actionable strategies to mitigate the current limitations of the New York Convention, aiming to bolster its role as a foundational instrument in the global arbitration landscape.

Analysis of the Specific Laws and Regulations of the Exclusive Economic Zone (EEZ) of the Republic of Guinea - Conakry

The analysis of the specific laws and regulations of the Exclusive Economic Zone (EEZ) of the Republic of Guinea Conakry, particularly in Conakry, involves several key aspects. The EEZ, which typically extends up to 200 nautical miles from the coast, grants coastal states sovereign rights to explore and exploit marine resources, as well as to regulate economic activities in this zone. International Legal Framework: The Republic of Guinea Conakry is a signatory to the United Nations Convention on the Law of the Sea (UNCLOS), which establishes the principles governing EEZs, including the rights and obligations of coastal states.

Liability regulation on short video platforms: balancing freedom of expression and copyright protection

Abstract The rise of short video platforms has fundamentally altered the balance between freedom of expression and copyright protection, challenging traditional legal frameworks like the Safe Harbor Principle. This paper critically examines the evolving legal landscape, with particular focus on the implications of Article 17 of the EU’s Copyright Directive in the Digital Single Market (DSM Directive), especially for small platforms, creators, and users. Through comparative analysis of international legal frameworks and case studies, the study delves into the challenges faced by stakeholders in navigating platform liability, algorithmic content moderation, and user rights. The research highlights how the existing legal environment, while aiming to protect copyright holders, often disproportionately favors large platforms, undermining the expressive freedoms and fair use rights of smaller creators and users. Furthermore, the paper addresses the role of remix culture on short video platforms, discussing how transformative works and user-generated content foster cultural diversity and innovation. It advocates for reforms that balance copyright enforcement with freedom of expression, promoting cooperative licensing models, nuanced content moderation, and expanded fair use exemptions to support a more equitable digital ecosystem where creativity, access, and protection coexist effectively.

Beyond the “Hybrid Attack” Paradigm: EU-Belarus Border Crisis and the Erosion of Asylum-Seeker Rights in Latvia, Lithuania and Poland

While in the recent years violations of asylum-seeker rights have been increasingly documented in EU Member States, the crisis at the EU-Belarus border has opened up a whole new chapter in this area. In response to the perceived migrant instrumentalisation by the Belarusian regime, several Member States—Latvia, Lithuania and Poland—have openly introduced long-term, far-reaching and blanket legislative measures that severely restricted the right to seek asylum and formalised pushbacks—contrary to their obligations under EU law and international refugee and human rights law. This paper approaches the topic from a comparative socio-legal perspective. Apart from a legal analysis of the Latvian, Lithuanian and Polish domestic measures, it is based on interviews with non-EU nationals affected, as well as NGO representatives, volunteers and legal practitioners who have been providing legal and humanitarian assistance to people crossing from Belarus. The paper, first, offers an overview of Latvian, Lithuanian and Polish responses to the events at the border and looks at how the relevant measures affect the non-EU nationals involved. Second, it engages with the migrant instrumentalisation paradigm, relied on by the governments to derogate from EU and international legal framework, and explores the EU-level response to the crisis. This study argues that EU’s border with Belarus has de facto become an exclusion zone where protection seekers are deprived of their right to claim asylum and continuously exposed to various types of inhuman and degrading treatment. It also demonstrates that the migrant instrumentalisation concept is problematic on multiple levels and does not correspond to the realities on the ground.

Greensill capital and the use of the administration process in UK company law: an incomplete case study

ABSTRACT This paper examines the Greensill collapse, with a central focus on the UK company administration procedure under the Insolvency Act 1986, exploring its broader implications for international corporate finance regulation. It analyses the events leading to Greensill’s collapse and the challenges encountered during the administration process, shedding light on stakeholder rights and the delicate balance between national and international legal frameworks. This case illustrates the intricacies of contemporary administration practices, demonstrating how administration can serve as both a rescue mechanism and as a tool for a more efficient liquidation, aimed at maximising asset value to provide better dividends for creditors. Ultimately, the paper underscores the risks inherent in financial innovation, offering lessons for the ongoing evolution as regards to the usage of administration. As the Greensill saga continues, the paper anticipates future developments, emphasising the need for systematic understanding and vigilance in complex financial scenarios.

International Law and Regulation of Marine Microplastics: Current Situation, Problems, and Development

The severe global hazards posed by marine microplastics must be given attention. This study evaluated the current international legal framework, and offers forward-looking recommendations for enhancing international law. The analysis began by examining the unique characteristics and profound impacts of marine microplastics, underscoring the necessity of a corresponding international regulatory regime. Through a thorough review of the existing global and regional legal instruments—both soft and hard laws—we identified key issues and challenges in the international legal response to marine microplastics, particularly in terms of legislation and enforcement mechanisms. The study emphasizes the urgent need for strengthened international legislation, including the potential development of a specialized international treaty, and calls for the enhancement of compliance mechanisms to effectively combat marine microplastic pollution and support the broader goal of sustainable development.

Enhancing Sustainable Communities through the Protection of Natural Buffer Zones

Certain regions within Middle Eastern countries are vulnerable to climate-related hazards, including floods and dust storms, resulting in adverse consequences for these nations and hindering the sustainable development of urban communities. The preservation and development of natural buffer zones, such as green spaces and surface waters, offer nature-based solutions to shield urban areas from the impacts of these hazards. This article examines the significance and legal protection of these buffer zones and concludes that, despite their effectiveness in mitigating floods and dust storms, natural buffer zones have not received distinct recognition as protective zones for urban areas in international and national legal frameworks. The study recommends the integration of natural buffer zones preservation and development into national and regional urban planning and disaster risk management policies and strategies, highlighting their role as nature-based solutions for enhancing urban sustainability in the Middle East, especially Iran.

ENVIRONMENTAL POLICY IN THE PUBLIC ADMINISTRATION SYSTEM: CHALLENGES OF SUSTAINABLE DEVELOPMENT

Sustainable development is a key topic on today's global agenda due to the threats posed by climate change, environmental pollution, and other ecological issues. Governments and international institutions aim to achieve a balance between economic growth, social welfare, and environmental protection. In this context, new technologies and support for green innovations, which have the potential to enhance environmental safety, play a particularly important role. Effective public administration must adapt to these challenges by actively implementing environmental policies and promoting sustainable development. International cooperation is also critical for integrating global commitments into national strategies. The purpose of this article is to demonstrate how environmental policy can support sustainable development through the improvement of the public administration system. The study provides a detailed analysis of international legal frameworks that regulate environmental policy and sustainability in public administration. Based on a systems approach, the complex interrelationships between government, society, business, and environmental factors are explored, allowing for a deeper understanding of how these elements interact. Using Switzerland as an example, one of the leading countries in environmental governance, the article identifies key elements for integrating environmental principles into public administration. This example demonstrates specific approaches and tools that other countries can adopt. Additionally, the statistics highlight not only global trends in plastic production and consumption but also the number of countries that have implemented environmental policy instruments between 2010 and 2023. This helps assess the scale of environmental initiatives at the global level. A SWOT analysis was conducted to assess the strengths and weaknesses of existing environmental policies, as well as to identify opportunities and threats for future development. This analysis helped outline the key directions for improving environmental policy to further support sustainable development. As a result, it was found that environmental policy within public administration has significant potential for growth, but its success depends on the establishment of an effective monitoring system, the intensification of international cooperation, the adoption of advanced technologies, and active public participation.

SPECIAL MEASURES FOR SEX OFFENDERS AND POTENTIAL HUMAN RIGHTS VIOLATIONS

Child sexual abuse has attracted enormous attention and occupied significant media space in recent decades. This increased attention has resulted in the creation of strategies aimed at responding to sexual abuse in general, and has been motivated by both the need to prevent reoffending and the desire to adequately respond to the expectations of the wider public. Measures aimed at responding to sexual offenses have become fertile ground for the introduction of various innovations. This may result in the violation of sex offenders’ human rights, and any state based on the rule of law should not allow this. This paper is devoted predominantly to the analysis of the Croatian and Serbian current legal frameworks related to the application of specific measures aimed at sex offenders to establish whether these frameworks are aligned with the relevant human rights protection standards. It has been established that the level of compliance of the two national legislations with the international legal framework is high although there is room for additional corrections. The objective of the paper is to give recommendations for harmonizing the above area with the modern legal acquis, and primarily with the standards established through the case law of the European Court of Human Rights.

International Legal Framework for Traditional Knowledge and Intellectual Property Rights

Traditional knowledge held by indigenous and local communities has important cultural and ecological value. International legal frameworks have been developed to protect and manage this knowledge in a fair and sustainable manner. Legal instruments such as the Convention on Biological Diversity (CBD) and the Nagoya Protocol regulate access to genetic resources and promote the equitable sharing of benefits among communities holding traditional knowledge. However, implementation at the national level is faced with challenges such as harmonization with complex national laws and limited resources. Case studies demonstrate the various strategies used by countries to improve legal protection, including strengthening national legal frameworks and active participation of indigenous communities in decision-making. With joint efforts, it is hoped that this legal framework will ensure that traditional knowledge is well preserved for future generations, while providing equitable benefits to the communities that own it.

Balancing the right to food and environmental sustainability: A call for holistic transformation

This paper conducts an in-depth examination of the intricate nexus between the right to food and ecosystem conservation, recognizing the fundamental importance of addressing these interlinked issues for sustainable global development. Anchored in international and national legal frameworks, the right to food is explored not only as a moral imperative but as a binding human rights obligation. The analysis spans a broad spectrum, encompassing the impact of human activities such as population growth, climate change, and intensive agricultural practices on natural resources, biodiversity, and environmental sustainability. The literature review highlights the far-reaching repercussions of food access constraints on marginalized populations, emphasizing the profound relationship between food and the environment. The study underscores the critical role of biodiversity, soil health, and climate change in shaping food security challenges, with a particular focus on the consequences of industrial agriculture. The examination of agroecology emerges as a central theme, offering a holistic approach that integrates ecological, health, social, and economic considerations into agricultural and food systems. The methodology involves a comprehensive review of published studies in the specified domains, providing a robust foundation for unraveling the complex dynamics and interdependencies between the right to food, ecosystem conservation, and the broader context of climate change and human activities. The paper puts forth a series of recommendations, emphasizing the need for policies that integrate human rights into agricultural actions, enhanced inclusivity for smallholder farmers, widespread adoption of agroecology, and educational campaigns to raise awareness. Agroecology is positioned as a key solution, not only for its contributions to climate resilience but also for its positive impact on soil health, biodiversity conservation, and long-term environmental sustainability. The paper advocates for a paradigm shift in global agricultural strategies, emphasizing integrated, sustainable approaches that prioritize inclusivity, environmental stewardship, and the well-being of present and future generations. The recommendations serve as a blueprint for policymakers, practitioners, and stakeholders to collaboratively work towards a future where food security coexists harmoniously with ecosystem conservation, ensuring a sustainable and equitable world for all. Key words: Right, Food, Ecosystem, Conservation, Sustainable, Climate, Biodiversity, Agroecology, Agriculture, Policy

Principles Governing the Exercise of Discretionary Powers by Public Authorities: Systematic Structure and Constitutional-Legal Foundation

This study aims to substantiate the need to establish a modern system of principles for the implementation of the discretionary powers of public authorities as a fundamental element of their operational mechanism. This study provides an overview of the principles of the principles governing the exercise of discretionary powers, as outlined in international and national legal frameworks. Key principles such as the rule of law, legality, reasonable restraint, equality, legal certainty, objectivity, impartiality, and proportionality are identified, and their constitutional and legal interpretations are analyzed. Special attention should be given to the importance of constructing a coherent system of principles for exercising discretionary powers. The following classifications are proposed: 1) Fundamental principles: the rule of law and legality is of paramount importance in shaping the legal institution of discretionary powers; 2) General principles: proper use of discretionary powers, equality before the law, objectivity, impartiality, and reasonable timeframes; 3) Special principles: proportionality and constitutional restraint. In addition, the principle of prudentiality is highlighted as a distinct principle, despite its absence in national legislation, as it is applied in the practices of certain authorities. This study concludes that the formal legal establishment and practical application of the aforementioned principles not only share the nature and outcomes of interaction between public authorities but will also provide robust guarantees for the rights, freedoms, and legitimate interests of individuals and organizations, protecting them from abuse and arbitrariness

CONTROVERSIAL ANALYSIS OF CANNABIS RECLASSIFICATION: PERSPECTIVES IN A NARRATIVE REVIEW

Cannabis has a long and controversial tradition. A narrative review was conducted in 2024 with the aim of analyzing the discrepancies in the reclassification of cannabis for medical use and research in 2020. Indexed journals, scientific digital resources, reports from international organizations, States and expert opinions from institutions and scientists were critically examined. The results showed scientific evidence on risks and possible benefits, with a complex, biased, contradictory and inconclusive history. The damage to health and life led to its classification in an international regulatory legal framework, violated by drug trafficking and the patenting of molecules that do not meet the requirements as drugs, trivializing their abuse. After legalization, abuse, trafficking and harm increased, especially among young people. The pro-legalization environment of high-potency cannabis in a globalized world has decreased the perception of risk, even among health personnel, distorting communication. The thriving cannabis industry, with its sophisticated marketing, attracts young people. It was concluded that methodological and practical inconsistencies persist in research, weakening the international drug control regime. The benefits of reclassification are not evident; on the contrary, abuse, trafficking, physical and mental illness, indirect deaths and damage to the environment continue to increase, which could lead to the legalization of all drugs, threatening human health and survival.

Refugee Rights and International Law: Evaluating the Efficacy of Global Humanitarian Responses to Forced Displacement

The increasing scale of forced displacement due to conflict, persecution, and environmental crises has brought refugee rights to the forefront of global humanitarian discourse. This article critically examines the efficacy of international law in protecting refugee rights and assessing global responses to the growing refugee crisis. Through an analysis of key international legal frameworks, such as the 1951 Refugee Convention and the role of the United Nations High Commissioner for Refugees (UNHCR), the study evaluates the adequacy of current policies in addressing the challenges faced by refugees. It highlights gaps in protection, such as unequal burden-sharing among nations, restricted access to asylum, and prolonged displacement in refugee camps. Case studies from various regions reveal how inconsistent application of international law undermines refugees’ access to fundamental rights, including safety, healthcare, and education. The article argues for stronger international cooperation, better policy implementation, and more robust legal mechanisms to ensure the protection of refugee rights. It concludes by offering recommendations for improving global humanitarian responses and creating more equitable and sustainable solutions for forced displacement.

EU’s AI Regulation Approaches and Their Implication for Human Rights

The rapid development of Artificial Intelligence (AI) technologies presents significant opportunities, but also introduces critical challenges, particularly concerning the protection of human rights. In response, the European Union (EU) has developed comprehensive AI regulations, most notably the AI Act, positioning itself as a leader in global AI governance. However, questions remain regarding the effectiveness of these laws in safeguarding key human rights such as privacy, equality, autonomy, and freedom. This study aims to assess the sufficiency of the EU’s current AI regulations in protecting human rights, analyze the specific impacts of AI technologies on privacy and equality, and explore emerging legal trends in AI regulation within the EU and their broader global implications. Utilizing a mixed-method approach, this research integrates legislative analysis, comparative research, scientific forecasting, and interdisciplinary inquiry. The study critically examines the provisions of the AI Act and other relevant EU regulations, comparing them with international legal frameworks to identify gaps and future challenges. The findings reveal that, while the EU’s AI regulations offer foundational protections, there are significant deficiencies in addressing complex issues such as privacy, algorithmic bias, and transparency, particularly in high-risk areas like healthcare, law enforcement, and autonomous systems. The study also highlights that existing regulations are inadequate in managing the rapid integration of AI technologies across sectors and that marginalized groups are especially vulnerable to the risks posed by algorithmic decision-making systems. Furthermore, the EU’s AI regulatory framework is poised to become a global benchmark, but there is an urgent need for more adaptive and flexible legal mechanisms to keep pace with the dynamic nature of AI advancements. In conclusion, the study emphasizes the need for legal reforms to bridge the current gaps in privacy protection and address algorithmic bias, ensuring the robust protection of human rights in the age of AI.

Tratamiento epistemológico y holístico sobre la figura del menor

The global and detailed study about the minor in our days, it have a lot of legal and existential systemic divisions, that they make a portrait not lacking of complex manifestations which they convert in something everyday, behaviors and individual problems, and these are answered down national and international legal framework, for natural functioning in lives of children and young people. The stubborn reality means that in all areas and countries, even though different intensity, transcendental aspects are repeated to the presente and the future of young people, who are harmed sometimes and offenders, they need decisive, preventive and protective answers directed by the powers of the state.