International Legal Framework Research Articles

TOPICAL ISSUES OF DOCTRINE AND COURT PRACTICE ON THE INTERNATIONAL RESPONSIBILITY OF THE STATE FOR THE ACTIVITIES OF FOREIGN NON-STATE ARMED GROUPS

The article examines the topical issues of doctrine and international judicial practice regarding the determination of the State's responsibility for international wrongful acts, in particular, those related to the activities of foreign non-State armed groups. The authors analyse the international legal framework of State responsibility for international wrongful acts, as well as individual criminal liability of individuals. The paper substantiates a set of economic and legal instruments for the implementation of international responsibility (reparations, satisfaction, restitution, economic sanctions) as a mechanism for ensuring compliance with international law by States. The study identifies the legal positions of the International Court of Justice, the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the European Court of Human Rights and other international judicial institutions on the application of the concepts of "effective control" and "overall control" in judicial practice, as well as problematic issues of law enforcement.

Use of state symbols in trademarks: problem issues

The article examines the international and national legal framework for the protectionof state symbols, in particular as part of a trademark. The facts of illegal use of state symbolsin everyday life and for commercial purposes have become more frequent. However, inUkraine, the issue of approval of state symbols by one legislative act or separate laws ofUkraine has not been resolved. International law established protective norms that providefor the procedure for the use and responsibility for the improper use of state symbols.Article 6ter of the Paris Convention is the most important norm that supports the dignityand integrity of coats of arms, flags and national emblems. This prevents their unauthorizedcommercial use and exploitation, while promoting international cooperation and respectbetween countries and international organizations. It applies to all states that areparties to the Paris Convention, as well as to WTO members, regardless of whether theyare parties to the Paris Convention or not, in accordance with Article 2.1 of the TRIPSAgreement. Therefore, the approach of the Intellectual Property Office regarding the inclusionin the trademark of an image imitating the small State Coat of Arms of Ukrainecontradicts Art. 6ter and also Art. 65 of the Constitution, which establishes that honouringstate symbols is the duty of a citizen of Ukraine. This prevents their unauthorizedcommercial use and exploitation, while promoting international cooperation and respectbetween countries and international organizations. The foreign practice of legislative regulationof stopping the unauthorized use or abuse of state emblems deserves attention.Thus, Sec. 97 of Ireland's Trade Marks Act empowers the Minister to take action in theevent of unauthorized use by any person in the course of a commercial activity of the StateCoat of Arms or similar images. A fine is imposed on the violator. Sec. 98 gives the Ministerextraterritorial powers to take relevant actions outside the state. This provision is intendedto prevent, limit, or provide penalties for the registration, use, or application togoods not manufactured in the State of any trademark or other mark or description, orfalsely indicating the same. It is concluded that such norms should be provided for in thenational legislation.

Transnational maritime environmental crime and the BBNJ Agreement

Marine areas beyond national jurisdiction are a prime target for transnational maritime environmental crime due to a fragmented international legal framework and a lack of coordination and cooperation between governance and institutional structures. On 19 June 2023, member States of the United Nations adopted the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement). As the third Implementing Agreement to the 1982 United Nations Convention on the Law of the Sea (LOSC), the BBNJ Agreement seeks to secure the long term protection and integrated management of marine biodiversity through the effective implementation of relevant provisions of the LOSC and by strengthening and promoting cooperation and coordination between and among relevant legal instruments, frameworks and relevant global, regional, subregional and sectoral bodies. This article examines the relationship between the BBNJ Agreement and transnational maritime environmental crime and considers ways the instrument could assist in efforts to combat such crime. As part of this analysis, this article explores how the BBNJ Agreement could provide an important platform for the formation of key partnerships and alliances by means of regional and bilateral dialogues, outreach and coalition-building to address transnational maritime environmental crime and mobilize and sustain the momentum for global action on this issue.

The Role of The International Court of Justice ICJ in Redressing the Environmental Damages Caused by States During Wartime

Over the past century, it has been more evident that one manifest consequence of conflict is the detrimental impact on the environment. Although there has been beneficial growth in international environmental law, the environment has nonetheless suffered from following international armed conflicts, including the Kosovo conflict, the Iraq war, the Israel-Lebanon war, and Ukraine. In fact, there has been no legal responsibility imposed on any State for violating the responsibilities outlined in Articles 35 and 55 of Additional Protocol I. Remarkably, the International Court of Justice ICJ has acknowledged that environmental damage is eligible for compensation and to take "active restoration measures". the main problem is that the environmental damage persists even after the war has ceased. This article attempts to analyze the strengths and weaknesses of the State responsibility for environmental damage during wartime before the ICJ. This article shows the significant contributions from ICJ to protect the environment but while also showing the ambiguity related to the development of reparation for the damage caused during wartime. The purpose of this article is to examine the extent to which international law could apply to environmental damage in wartime. How much environmental damage needs to happen how much reparation must be deliberated? The article explores a methodology for evaluating environmental damage caused during a conflict by the ICJ and takes the lessons learned from the jurisprudence of the ICJ to determine the appropriate amount of compensation for such damage. This article examines the ineffectiveness of the current international legal framework for dealing with environmental damage during wartime. It provides an overview of the historical context of environmental damage in armed conflicts and a review of existing customary and conventional laws.

Regulating advanced biomedical technologies: A modern criminal law perspective

This study explores the urgent need for criminal law to address the advancements in biomedical technologies, particularly focusing on cloning. It highlights the dichotomy between the potential therapeutic benefits of cloning technologies, such as combating hereditary diseases, and their possible misuse. The paper discusses international legal frameworks and declarations, such as the United Nations Declaration on Human Cloning and the Council of Europe Convention on Human Rights and Biomedicine, which seek to navigate the ethical and legal challenges of cloning. The distinction between therapeutic and reproductive cloning is emphasized, with therapeutic cloning offering significant medical advancements raising profound ethical concerns, particularly regarding the moral status of the embryo. The paper critiques the current legislative landscape in the Republic of Armenia, which it finds insufficient in addressing the complexities introduced by these technologies, suggesting a need for comprehensive legal reform to safeguard human dignity and genetic integrity within the context of modern medicine.

Analysis of International Legal Frameworks on Maritime Boundary Delimitation: Bangladesh Case Study

This study scrutinized the historical evolution and legal complexities surrounding maritime boundary demarcation, examining the transition from traditional practices to contemporary international legal frameworks. Specifically, it has analyzed the impact of key legal doctrines on national interests, fairness, and cooperation, highlighting the transformation from equitable principles to normativity in maritime law. Central to the study were Bangladesh’s significant maritime boundary disputes with India and Myanmar, showcasing the challenges in applying delimitation principles and the intricate geopolitical and legal strategies employed to resolve these international conflicts. Meticulously analyzing crucial international cases, including the North Sea Continental Shelf case, has elucidated the practical application of theoretical principles. The research critically assessed the predictability of maritime delimitation, emphasizing the jurisprudence constant principle, the stability of the equidistance principle, and the influence of geographical and non-geographical factors. Concluding with actionable recommendations for past maritime boundary disputes and policymaking, it underscored the necessity for sustainable and equitable solutions under international law. Providing an in-depth examination of Bangladesh’s past maritime boundary issues and their global implications, the research has significantly contributed to academic discourse, offering practical guidance for policymakers and diplomats involved in maritime delimitation. The secondary research approach integrated historical analysis, legal review, and geopolitical assessment, relying on an extensive examination of international legal documents, treaties, court cases, scholarly literature, and expert commentary.

CIRCUMVENTION DALAM PERDAGANGAN INTERNASIONAL: IMPLIKASI TUDUHAN VIETNAM TERHADAP INDONESIA

Cross-border trade is something that can no longer be avoided in today's era of globalization. Countries conduct business activities in order to advance their economic activities. In these activities, many countries do things that harm business principles. One of them is the evasion action. This research aims to determine the regulation of circumvention measures in international trade. This article uses normative legal research methods based on the international economic legal framework. The research results show that circumvention measures constitute a form of evasion of anti-dumping import duties. These actions involve manipulation or changes in the way trade is conducted to avoid paying high import duties. In Indonesia, anti-dumping regulations do not specifically regulate circumvention issues.

Boekpayoo Customary Ceremony of Ga-Dangme in Nungua: Culture Versus Law in Ghana’s Fight Against Child Marriages

Child marriage has been an age-long problem in Ghana’s quest of protecting the rights and development of young girls. Though there are various international and domestic legal frameworks to assist the Ghana government in taking proactive steps in fighting against child marriages, there are some deep-rooted cultural practices commemorated in some Ghanaian traditional communities that seem to derail the government’s efforts. This paper aims to analyze the Boekpayoo customary ceremony organized by the Nungua Traditional Council in Ghana at the Gborbu temple on the 30th of March 2024. It offers a deeper understanding of the appropriateness and legality of the Boekpayoo customary ceremony to show how Ghana struggles to end all forms of child or early marriage. This paper puts the customary ceremony under the lens of existing domestic and international legal frameworks and cultural anthropology perspectives. This paper has relied on and has been critically analyzed through secondary data from national and international legal instruments, cultural anthropology literature, and news reports. This study revealed that the procedure for the Boekpayoo ceremony, as well as the fitting appointment for occupying the position of Naa Yoomo Ayemuede, is legitimate, as it helps in the preservation and promotion of the place-identity history and culture of the Ga-Dangmes. However, the timing and selection of Naa Okromo need to be analyzed as they are not in accordance with the established national and international legal frameworks.

Digitalization and Protection of Cultural Heritage by Establishing a Sustainable Legal Framework

The regulatory framework for protecting cultural heritage implies the need to implement an adequate international legal framework for achieving better care and preservation of our historical and cultural heritage as part of the world heritage. Looking up to rapid developments in digitalisation, in the light of regulating complex management processes, requires the establishment of sustainable legal and regulatory framework in comply with the highest standards of protection of cultural heritage.

A CRITICAL ANALYSIS OF THE REGULATORY FRAMEWORK RELATING TO CYBERSQUATTING IN INDIA

The arrival of the internet has brought an explosion in the process of registration of domain names that has resulted in the issue of cybersquatting for financial gain. As per the WIPO data, the cases related to domain name disputes have dramatically increased. For the first time in 1999, the ICANN adopted a uniform policy framework (UDRP) to address the problem of cybersquatting for speedy disposal of domain name disputes. At the global level, only the United States of America has particular legislation that makes cybersquatting a crime. In the Indian context, there is no particular legislation to tackle cybersquatting matters, the courts apply the various approaches along with the common law principle of the trademark to resolve the disputes. The article wishes to critically analyze the international and national legal and policy frameworks related to cybersquatting

Navigating New Waters: IMO’s Efforts to Regulate Autonomous Shipping

Abstract New technological development in autonomous and unmanned vessels challenges the international legal framework prevailing at sea. Currently, the regulations applicable to international shipping constitute regulatory barriers preventing their operation on a worldwide scale. Hence, the International Maritime Organization (IMO), responsible for international shipping, has been working to accommodate these new types of vessels within the existing legal instruments. This paper traces the IMO’s steps to establish a new regulatory framework for them.

Research on Corporate Environmental Responsibility: A Case Study of Multinational Corporations

In light of the expanding global environmental challenges, multinational corporations (MNCs) are often held accountable for their disproportionate role in environmental degradation. This study looks at how MNCs safeguard the environment and what factors lead to ecological dangers that are related with them. The production volumes of MNCs and their inclination to relocate pollution-intensive industries to developing countries are the specific subjects of the study. A few of the main obstacles that the study identifies to MNCs' environmental responsibility are the deficiency of the current international legal framework, the lack of harmonization of environmental legislation, and the tendency of developing countries' economic priorities to overlook strict environmental measures. To address these issues, the study recommends the following measures: the establishment of robust monitoring and accountability mechanisms; the direct imposition of practicable environmental liabilities; the strengthening of international judicial cooperation; and the clarification of judicial ambiguities regarding MNCs' legal responsibilities in the environmental sector. The paper uses a case study methodology to provide a comprehensive review of best practices and tactics for improving MNCs' environmental management. The findings underline the importance of governments working together to ensure that multinational firms' actions are consistent with environmental sustainability ideals.

Maritime Disputes from a Global Perspective and Solutions under International Law

This study explores the utilization and challenges of international laws in resolving global maritime disputes through a detailed analysis of representative cases from South America, Africa, and Asia. It highlights the crucial role of international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), in providing a legal framework and dispute resolution mechanisms. However, the study also identifies significant challenges, including political interference, legal ambiguity, and enforcement issues. By comparing regional dispute settlement mechanisms, the study demonstrates the effectiveness of multilateral negotiations in South America, regional legal frameworks in Africa, and a combination of multilateral and unilateral actions in Asia. Based on these insights, the study proposes several recommendations to enhance the international legal framework, promote regional cooperation, and innovate dispute resolution mechanisms. These measures aim to ensure fair and effective resolution of maritime disputes, maintain maritime peace and stability, and promote the healthy development of global ocean governance.

Maritime law enforcement concerning offshore energy platforms: Navigating international law constraints and challenges

Offshore energy platforms (OEPs) serve as a crucial frontier in utilizing renewable energy sources to meet energy demands, powering essential maritime operations such as remote island power supply, offshore oil and gas exploration, seawater desalination, and marine renewable energy harvesting. However, the development of OEPs raises significant legal concerns for maritime law enforcement. Employing a policy analysis approach, this research delves into the multifaceted challenges faced by the current international legal framework in regulating enforcement activities pertaining to OEPs. These challenges encompass ambiguity in OEP legal status, difficulties in balancing safety measures with diverse maritime interests, obstacles in environmental assessment and enforcement, and heightened enforcement challenges in areas beyond national jurisdiction. The study explores potential strategies for resolution and collaboration on an international scale. Through this investigation, the study aims to provide valuable insights to promote greater clarity and coherence in maritime law enforcement practices concerning OEPs, thereby enhancing safety, security, and environmental sustainability for OEP operations in maritime environments globally.

Parliamentary diplomacy in the European and Asian regions: international legal framework and comparative analysis

The article is dedicated to the study of the peculiarities of parliamentary diplomacy in the European and Asian regions. It is clear that it is important for the theoretical, constitutional, legal and international legal studies to pay attention to the essential characteristics of this phenomenon, the current parliamentary diplomacy with the participation of the European powers, their parliaments, as opposite of the Institute of Parliamentary Diplomacy in Asia and other regions. This form of international cooperation in the sphere of parliamentarism is based on an international treaty basis (Statute for the sake of Europe, Statute of the PS OIC) and internal organizational acts (Rules of Procedure of the PA OSCE) etc. Institutional mechanisms for the implementation of parliamentary diplomacy include in Europe - PACE, PA OSCE, PABSEC, PA GUAM, Parliamentary Assembly of the Mediterranean, independent parliamentary organizations (Interparliamentary Union) etc.; in Asia – APA, Asian Forum of Parliamentarians on Population and Development, Association of Regional Health Sciences of New Asia, Along with mutual relations and changes in trust in Asia, PS OIC, Turkic Rada, Shanghai Organization of Social Development and etc. Ukraine, in particular parliamentary delegations, takes an active part in parliamentary diplomacy in the European region, especially in connection with the large-scale invasions of the russian federation and the need for international support. At the same time, there is an obvious need for coordination and interaction between the various parliamentary assemblies and parliamentary unions of different regions of the world, in the context of globalization and integration, the value of democracy, international security and law and order

Protecting Human Rights in a Globalised World: Challenges and Opportunities

Human rights are fundamental rights and freedoms inherent to all individuals, regardless of nationality, ethnicity, religion, or any other status. In today's globalized world, where interconnectedness is increasing at a rapid pace, the protection of human rights faces both significant challenges and opportunities. This research paper explores various aspects of human rights, including their definition, historical evolution, international legal frameworks, contemporary challenges, and innovative approaches to safeguarding human dignity in the face of globalization. Qualitative and quantitative approaches and Secondary sources will be used to collect data. This hypothetical research paper provides a structured overview of the topic in a globalized context, emphasizing the complexities, challenges, and opportunities associated with safeguarding human dignity and equality worldwide for all in the 21st century.

Three decades of international cooperation against corruption—looking ahead

Abstract Corruption, a ubiquitous phenomenon throughout history and societies, has been long criminalized in many countries. However, international cooperation against corruption only gained momentum in the 1990s. Since then, the international legal framework has expanded significantly through conventions like the Organisation on Economic Co-operation and Development (OECD) Anti-Bribery Convention and the UN Convention against Corruption. Nearly all states have now ratified at least one anticorruption treaty. However, implementation and enforcement of these standards has been uneven across states. Domestic reforms have also lagged in some areas like prevention. Corruption remains widespread, and its socioeconomic costs have not appreciably decreased. This Symposium aims at assessing the outcomes of three decades of international cooperation in combating corruption, while also exploring the future directions of international anticorruption rules and cooperation. Through a positive, critical, and normative legal analysis, complemented by empirical research and behavioral science, it focuses on the dynamic interactions between international anticorruption instruments and municipal law, highlighting understudied problems, both substantive and methodological. After discussing the origins and evolution of international anticorruption law, this introductory article presents the state of the art on the questions tackled by this Symposium and highlights its contribution to existing literature on the topic. In doing so, it brings together various trends emerging from the articles contained in this Symposium and explores avenues for further research and reflection.

Medical tourism: Medical dream or nightmare?

Medical tourism is an act of a foreign national traveling across international borders to undergo a particular medical procedure. India, Malaysia, Turkey, Singapore, and Thailand have established themselves as prominent destinations in the medical tourism industry, while Canada and the United Kingdom are commonly sought-after source countries for medical travelers. The medical tourism sector offers a range of benefits and drawbacks for citizens of both the source country and the destination country. Traveling long distances for medical treatment presents inherent risks such as complications during travel and exposure to unfamiliar environments. For instance, patients may face an increased risk of developing deep vein thrombosis (DVTs) due to prolonged periods of immobility during flights or other modes of transportation. The most popular desired procedures for medical tourists include elective cosmetic surgery, dental procedures, organ transplants, cardiac surgery, and orthopaedic surgery.Medical tourism is double-edged in nature and can be both beneficial to the health system and the recipient thereof. It is however clear that various international legal and regulatory frameworks are necessitated to both protect the interests of the medical tourist and the treating medical body. There is no question that medical tourism will continue to rise in popularity, it is however prudent that potential medical tourists do their due diligence into the potential destination for their treatment of choice to better nullify the likelihood of a medical misadventure occurring.

International Legal Framework for the Creation, Use and Conservation of Bioresource Collections

This article presents a detailed analysis of global and regional regulation related to the creation, use, research and conservation of biological (bioresource) collections and discusses the main trends in its development. Key approaches to the regulation of activities in the field of biological (bioresource) collections based on an analysis of acts of the European Union (EU), Organization for Economic Cooperation and Development (OECD), Commonwealth of Independent States (CIS), Eurasian Economic Union (EAEU) are identified. While there are no international treaties that deal directly with biological (bioresource) collections at the global level, various agreements in force cover important regulatory aspects concerning the creation, use, research and conservation of biological (bioresource) collections. These aspects include (1) providing access to genetic resources; (2) technology transfer and rights over such resources and technologies; (3) financial aspects; (4) standards for the conservation of genetic resources. The corresponding international treaties concluded at global and regional levels imply both integrated and sectoral approaches to the regulation of biological (bioresource) collections (e.g., international treaties regarding crop genetic resources). The conclusion highlights the need to take into account the approaches elaborated within the framework of international and regional integration law in order to improve the relevant legal regulation in the Russian Federation.

International law regulation of children's right to education in the post-conflict period

The article is devoted to the analysis of international legal and national instruments for the regulation of the right of children to education during the conflict and the post-conflict period and to the determination of the mechanisms of its restoration. The author highlights the problem of violation of children's rights, in particular the right to education, during armed conflicts, using the example of the aggression of the Russian Federation against Ukraine. The article examines the genesis of international law on the protection of children's rights, starting from the Geneva Conventions, which for the first time provided for special protection for children during armed conflicts, to modern international instruments. The author emphasizes the inadequacy of the existing international legal mechanisms regarding the restoration of children's right to education during the conflict and post-conflict period. Attention is paid to the analysis of the consequences of armed conflicts for the educational infrastructure. The author emphasizes that the restoration of education is a key factor in overcoming the consequences of the war and ensuring long-term stability and development of the country. The article also suggests practical measures to restore children's right to education. The role of international organizations such as UNICEF, UNESCO, UNHCR and others in promoting the restoration of the right to education in the post-conflict period is considered separately. In conclusion, the author calls for the expansion of the international legal and national framework that would ensure the proper protection and restoration of children's rights, especially the right to education, in the post-conflict period, emphasizing the need to implement new mechanisms at the national and international levels.