International Legal Framework Research Articles

ACTIVITIES OF INTERNATIONAL ORGANIZATIONS IN THE SPHERE OF PREVENTION AND LIMITATION OF EMERGENCY SITUATIONS IN THE ARCTIC REGION

Relevance. The relevance of the ongoing scientific work is due to the need to develop reasonable proposals to improve the legal regulation of international cooperation in the field of emergency prevention and response in the Arctic. Purpose. The article is devoted to the activities of international organizations in the Arctic region in order to establish and justify ways to harmonize international interstate interaction and develop an international legal framework for cooperation and mutual assistance in the sphere of prevention and response to emergency situations in the Arctic. Methodology. The basis of the research are general scientific methods, and also the methods of formal legal and comparative legal analysis. Results. The analysis of 7 international organizations operating in the sphere of prevention and response to emergency situations in the Arctic region was done. The research of activities of the above organizations in the sphere of interstate interaction indicates the readiness of the Arctic states to jointly confront emergency situations and their consequences. It is unacceptable to make issues of this interaction dependent on geopolitical and other interests. Scientifically based proposals have been formulated to improve the legal regulation of international cooperation within the framework of international organizations in the sphere of prevention and response to emergency situations in the Arctic region. Conclusions. It seems that constant work is needed to improve the activities of international organizations and their legal regulation both at the global level and in the specialized spheres of emergency prevention and response. Practical implications. The results of the research can be applied in the spheres of international politics and international law.

THE AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS)

he paper delves into the development and intricacies of international legal frameworks for intellectual property (IP) rights protection and commercialization, focusing on agreements like the Paris and Berne Conventions. It outlines the evolution from initial measures safeguarding industrial property to broader copyright and trademark protections, facilitated by entities such as the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is highlighted for establishing minimum standards for IP protection and enforcement, integrating provisions for dispute resolution, and managing the balance between IP holders' interests and the public good. TRIPS' role in addressing challenges posed by differing national norms and its efforts to mitigate IP rights abuse through limitations and exceptions, known as the Three-Step Test, are emphasized. This analysis underscores the importance of a fair and balanced IP system that promotes global innovation and creativity, acknowledging the need for a harmonious integration of varied national laws within the global trade and IP protection landscape.

RECONCILING CONSTITUTIONAL RULES AND INTERNATIONAL LAWS: A DOCTRINAL STUDY ON THE INNOVATIVE ROLE OF CONSTITUTIONAL RECONCILIATION IN IRAQ AND EGYPT

This research employs a doctrinal study methodology to investigate the conflict between constitutional rules and international rules,emphasizing the emerging jurisdiction of constitutional reconciliation. Through case studies in Iraq and Egypt, the study seeks to identify crucial criteria for addressing conflicts within the legal framework. A systematic analysis of legal principles, precedents, and existing literature provides a comprehensive understanding of the intricate dynamics involved in resolving conflicts between constitutional provisions and international rules. The research delves into nuanced conflicts arising in the absence of specified applicable laws in constitutional provisions, particularly where international treaties intersect with or deviate from domestic legislation. It aims to elucidate the mechanisms employed by domestic judges, utilizing constitutional reconciliation, when confronted with conflicts between provisions in domestic law and those in treaties. The central inquiry focuses on determining the prevailing legal framework—domestic law or international treaty—with constitutional reconciliation emerging as a novel jurisdiction to rectify such conflicts. In addressing the conflict between constitutional rules and international rules, the study aims to develop an effective resolution mechanism, underscoring the importance of constitutional reconciliation to harmonize international law with domestic legal frameworks. Grounded in a comprehensive understanding of international law regarding the authority of constitutional judges, the analytical method is complemented by the doctrinal study. By integrating the jurisdiction of constitutional reconciliation into the methodology and employing Iraq and Egypt as case studies, this research contributes to a nuanced comprehension of how constitutional judges can navigate and harmonize the interplay between domestic and international legal frameworks. This approach ensures the preservation of both sets of rules without compromising either, advancing our understanding of the complexities involved in addressing conflicts between constitutional and international rules through the innovative lens of constitutional reconciliation.

Older persons, political participation, and the Decade of Healthy Ageing: an international legal analysis

The increase in global population ageing, coupled with advancements in the study of active ageing, underscores the need for deeper discussions centred on older adults. Among various fundamental subjects regarding this population, participation in social and political life stands out, with the act of voting in elections serving as a significant expression of such engagement. This article seeks to explore some key sources of International Law that focus on older people, emphasizing the element of political participation. This study was developed from a qualitative, exploratory research, through a bibliographic and documental review, by gathering pertinent legislation. Initially, it examines international legal frameworks related to the subject, progressing to an analysis of the Decade of Healthy Ageing, and the 2030 Agenda for Sustainable Development. The conclusion drawn from this study is that the lack of a global treaty addressing the rights of older adults reflects the ongoing invisibility experienced by this population. Therefore, it is essential to foster discussions about older people´s political participation and to implement measures that ensure they are not only beneficiaries of services but also agents of change.

Penanganan Sampah Satelit Ruang Angkasa Pada Low Earth Orbit Berdasarkan Hukum Internasional

Increased space activity in recent decades has resulted in an increase in the amount of space junk, often referred to as orbital debris. One of the most affected regions is Low Earth Orbit (LEO), where most satellites operate. Satellite debris in Earth orbit, particularly in Low Earth Orbit (LEO), has become an increasingly pressing problem. Its presence can endanger other satellites, space missions and even human life on Earth. The 1967 Space Treaty, as an international agreement governing activities in outer space, has an important role to play in addressing satellite debris. This study analyzes the obligations and responsibilities of states parties in mitigating and addressing the space debris problem in accordance with the basic principles outlined in the Space Treaty. Furthermore, it evaluates the effectiveness of the 1967 Space Treaty in addressing the satellite debris problem. It is recognized that the 1967 Space Treaty has laid an important legal foundation, but a more stringent and comprehensive legal instrument is needed to effectively address this issue. This journal is expected to contribute to the understanding of the international legal framework in handling satellite debris, and encourage the development of stronger legal instruments to preserve the space environment.

The World Heritage Convention, human rights and Indigenous Peoples

This article discusses how the World Heritage Convention contradicts and coalesces with rights to culture and rights of Indigenous Peoples as asserted in international law. It describes the origin and universalistic aims of the Convention, and how the Convention’s state-centrism and Eurocentric heritage discourses have stymied the equitable participation of Indigenous Peoples in World Heritage conservation. However it also asserts that a broadening conceptualisation of World Heritage value alongside an increasing focus on synchronicity with human rights can enable recognition and protection of Indigenous Peoples’ worldviews, rights and cultural continuity under an international legal framework. Finally, the article examines the variance among states parties and the World Heritage Committee in upholding human rights standards, using case studies of five World Heritage sites: Budj Bim Cultural Landscape, Australia; Pimachiowin Aki and Wood Buffalo National Park, Canada; the Kenya Lake System in the Great Rift Valley, Kenya; and Kaeng Krachan Forest Complex in Thailand. The article concludes that despite the rights-based turn of recent years, the World Heritage system remains inconsistent in its adherence to international human rights standards.

Access of Platform Workers to Collective Rights – the Fall of the Binary Divide?

The paper addresses the issue of self-employed platform workers’ access to collective labour rights from the perspective of international law (ILO) and supranational European law (EU and Council of Europe). In this regard, the paper addresses the right to collective bargaining, the right to strike and the collective right to information and consultation. The main finding is that at the current stage, the relevant international and European legal framework is not providing access of self-employed platform workers to all examined collective labour rights. In light of the analysed legal developments the binary divide “has fallen” (for those self-employed platform workers who fulfil the 2022 Guidelines criteria) regarding access to collective bargaining. Therefore, as argued in the paper, also access to the right to strike should be ensured for the latter platform workers due to the purposeful interconnectedness and inseparability of both rights. Nonetheless, the binary divide is remaining “firm” regarding access to collective information and consultation rights. The latter remain accessible (including considering the Platform Work Directive proposal) only to platform workers with a subordinate “worker” status. However, as argued in the paper, the possibility to drop the binary divide (at least regarding certain matters) also in relation to collective information and consultation rights (in the context of platform work) should be seriously considered.

The Outer Space Regime of Property Rights through the Lens of the Third World: Towards a Copernican Revolution from Anthropocentrism to Cosmocentrism

As the scarcity of resources on Earth becomes more evident, the financial promise of space mining has recently fostered interests among both private and public actors, raising the issue of property rights in outer space. This article considers this subject matter through the prism of Third World Approaches to International Law and aims to uncover the extent to which a logic of domination currently underpins space exploration. It shows that International Space Law has historically served as an experimenting field for legal concepts that challenge the traditional logic of international law. However, conventional power dynamics have regained control, undermining the original equitable potential of the international legal framework governing property in outer space. This is also evidenced by the rhetoric of space exploration, which tacitly implies Western primacy in resource extraction and marginalises the history of the Third World. Against this backdrop, this paper calls for a new legal regime balancing the needs of the Third World with the investment of spacefaring countries and for a redefinition of space sustainability. This would entail a Copernican Revolution regarding our approach to space exploration – shifting from anthropocentrism to cosmocentrism.

International Legal Framework Governing Assessment of Damages Caused to Foreign Investors in Armed Conflict

Abstract Disputes arising from armed conflicts are on the rise, raising various complex legal issues. This article examines standards applicable to assessing damages arising from armed conflicts. The existing treaties, cases and commentaries show a complex and tangled landscape of rules and principles governing damages in the context of armed conflicts. While the vast majority of investment treaties contain war clauses that appear to prescribe special rules for the assessment of damages, most tribunals have refused to apply the lex specialis principle and have instead used the Chorzow Factory principle. Hence, more consistency and predictability would be needed in this connection which can be achieved in the form a dedicated working group.

An Indigenous Cosmovision for Earth-Centric Governance

Abstract The following article critically examines how the structure of international law falls short of embracing common global problems. In this context, the article focuses on the ecological aspects of governance that tend to go beyond state-centric interests. Putting forward an overview of how issues beyond the states’ national jurisdiction are addressed in the present structure of international law, the article examines the challenges of incorporating the Earth-centric approach reflected in the Indigenous cosmovision into that body of law. While the analysis does not attempt to provide any conclusive solutions, it argues that the Earth-centric approach cannot be incorporated into the current international legal framework. Although absolutely indispensable for a sustainable planetary process, the approach would require a complete deconstruction of the global legal order or a radical re-organization of the current structure of international law.

Platforms and trust as two columns of sharing economy

In the past two decades, economic models based on platform-based sharing, driven by the IT revolution, have caused a fundamental shift in traditional business practice, global capitalism, and societal values. The platform, along with all its features, has taken over the role of the organizational form since they have brought together strangers with under-utilized capacities and belongings, with those who need them without looking for ownership. The entire economic ecosystem - marketing techniques, business practices, supply chains, and consumption habits - has undergone a significant transformation. Consumer behavior is changing rapidly, and consumers are looking for appropriate and efficient access to goods and services through the Internet, without the financial, emotional, and logistical burdens of ownership. The radius of trust which was initially confined to family, friends, and local communities; now encompasses strangers who do not speak a common language and who are in different countries. Trust driven by Digital Identity (DI) and Trust and Reputation Information (TRI) have enabled what was considered unbelievable or even impossible some years ago. Further expansion and deepening of trust, based on new technologies combined with the international legal framework, has the potential to rewrite modern capitalism and societal values. This paper introduces the role of platforms in the evolution of the sharing economy, the role of trust in promoting such platforms, and the role of well-designed platforms in fostering and nurturing trust which is essential for promoting and sustaining sharing economy models.

Beyond surveillance: privacy, ethics, and regulations in face recognition technology.

Facial recognition technology (FRT) has emerged as a powerful tool for public governance and security, but its rapid adoption has also raised significant concerns about privacy, civil liberties, and ethical implications. This paper critically examines the current rules and policies governing FRT, highlighting the tensions between state and corporate interests on one hand, and individual rights and ethical considerations on the other. The study also investigates international legal frameworks aimed at protecting individual rights and privacy, arguing that current legislative measures often fall short of robust scholarly standards and international human rights norms. The paper concludes with recommendations for developing principled and adaptable governance frameworks that harness the benefits of FRT while mitigating its risks and negative impacts, underscoring the importance of placing human rights and ethics at the center of regulating this transformative technology.

The seven ‘C’s of strategic pricing in international markets

This paper introduces a conceptual framework addressing the complexities of pricing strategies in international markets, focusing on pivotal elements such as customer value, the impact of technological advancements, and the harmonisation of global and local strategies. An examination of existing literature and diverse pricing models reveals how the interplay between digitisation and global market dynamics necessitates innovative pricing approaches. These approaches must navigate specific challenges, including the accessibility of digital goods and the intricacies of information preservation costs. Emphasising the importance of distinguishing a company’s offerings from its competitors, the framework advocates for tailored distribution strategies that meet local market needs while maintaining global standards, alongside compliance with international legal pricing frameworks. The framework elaborates on the critical role of deep customer understanding and strategic branding in significantly boosting a company’s profitability and enhancing customer satisfaction across various geographical markets. It further integrates contemporary insights on the agility and adaptability required in pricing strategies amid market fluctuations, the application of behavioural economics principles in pricing, and the strategic employment of analytics to refine pricing decisions. Highlighting the dynamic nature of pricing that accommodates cultural sensitivities, the framework encourages innovation and a careful balance between widespread market reach and localised relevance. Offering strategic insights, this conceptual exploration aids businesses in navigating the intricacies of pricing within the digital era and the expanding global marketplace. It underscores the substantial benefits for business practitioners, including enhanced clarity in pricing decisions, facilitation of competitive differentiation, and alignment with broad business objectives. For marketers aiming to engage with the multicultural consumer markets of the 21st century, this framework serves as a crucial tool, elevating cultural comprehension and promoting product innovation tailored to diverse consumer groups. The paper concludes by emphasising the broader implications for international business practices, advocating for a strategic blend of scalability and customisation to achieve sustainable growth in the global economy.

CHALLENGES OF LEGAL REGULATION OF SEA KAYAKING IN THE REPUBLIC OF CROATIA

The paper deals with the analysis of the existing legal framework of the status of sea kayaks in the Republic of Croatia, the definition and the position of a kayak as a vessel in the domestic navigation safety system, and its goal is to present the regulation and give a critical review thereof. The types of kayaks are presented with respect to their purpose and construction, the univocity of the term in domestic legislation is questioned, and the solutions of the French model, which individualises these vessels with regard to the mentioned features, will be presented comparatively. The paper also presents kayaking as a sport and economic activity, as well as the necessary education of kayakers for the needs of active and adventure tourism. The paper analyses the international and national legal framework of navigation safety. The results of a survey of legal regulation of sea kayaking in the Republic of Croatia are also presented. The authors conclude that sea kayaking in the Republic of Croatia has not been properly regulated and that the existing legislation needs to be changed.

INTERNATIONAL MECHANISM FOR PREVENTION OF TRAFFICKING OF WOMEN AND THE LEGAL ANGLE RELATED TO THIS

The research paper titled ‘‘International Mechanisms for Prevention of Trafficking of Women and The Legal Angle related to this" deals with the multifaceted and critical issue of trafficking of women, exploring the intricate web of international mechanisms and legal frameworks that seek to prevent and address this grave violation of human rights. The paper delves into the systemic factors, vulnerabilities, and repercussions of trafficking, with a specific focus on its disproportionate impact on women. The research systematically examines a range of international mechanisms, agreements, conventions, and protocols that have been established to combat trafficking, shedding light on the collaborative efforts of the nations and many international organizations to eradicate this heinous practice. This research paper examines the global frameworks established to prevent and address trafficking in women, and explores the legal dimensions and implications of these frameworks. Drawing on a comprehensive array of legal sources, case studies, and empirical data, the paper dissects the legal dimensions of trafficking, analysing the complexities of defining and prosecuting this crime on a global scale. It scrutinizes the challenges posed by differing legal definitions and interpretations across jurisdictions, highlighting the necessity for harmonization and standardization of legal frameworks to effectively address trafficking and provide justice for victims. The paper also investigates the vital role of international organizations, including the United Nations and its various agencies, in developing and executing strategies for prevention, victim protection, and prosecution. Ultimately, the research paper underscores the urgent necessity for a unified and coordinated international strategy to tackle the trafficking of women. It underscores the importance of aligning legal frameworks, enhancing cross-border cooperation, and fostering a global commitment to eradicating this abhorrent practice. By shedding light on the intricate web of international mechanisms and legal angles surrounding trafficking of women, the research paper contributes valuable insights and recommendations to the ongoing global efforts to prevent and address this deeply concerning violation of human rights.

Evaluating International Criminal Procedures: Inquisitorial, Adversarial, or Hybrid - Lessons for the Pakistani Legal System

This Article examines two key aspects of international criminal procedure (ICP): the normative frameworks that govern ICP and procedures being utilized by International Criminal Tribunals (ICT) and Courts. It examines the established norms and practices of international tribunals. The discussion encompasses the formulation of standards, guidelines, and guarantees aimed at preventing judicial errors. It evaluates that whether ICP can be characterized as "adversarial," "inquisitorial," or “a blend of both”. It examines the case law and legal framework of international courts and tribunals. Employing a comparative and analytical research methodology, this article demonstrates that a genuinely hybrid procedure has emerged through successive amendments to the ICT for the former Yugoslavia and its rules of Procedure and Evidence (RPE) and the formulation of the Rome Statute. This procedure effectively synthesizes elements from both traditions; common law (adversarial) and civil law (inquisitorial) into a cohesive international legal framework. The article emphasizes the convergence of legal positions across jurisdictions. The observed similarities in legal frameworks arise from the universal recognition of the importance of justice in shaping human coexistence. However, the article acknowledges that the diversity in human minds leads to variations in devising solutions and creating means, explaining the inherent disparities in legal approaches across different contexts. It will be beneficial for Pakistan to adopt Islamic Criminal Procedure having hybrid criminal procedure that will improve the efficiency of our judicial system, ensuring swift resolution of criminal cases with effective outcomes.

From International Regulation to Local Implementation

This paper discusses gender equality in sustainable development goals as a response to the 2023 United Nations Sustainable Development Goals Report. Through the lens of international environmental law, gender equality achievement is examined both by its international commitment and its implementation at local institutions. This study focuses on elements of the data report that closely relate to human rights and the environment. These include women�s global share in national agricultural ownership, their secure tenure rights over agricultural land, and access to fair legal protection. This study then observes the availability of international agendas within international environmental law to promote sustainable development goals. Relevant legal frameworks include those arranged by the 1992 Rio Earth Summit and the 2015 Paris Agreement on Climate Change. To examine local implementation, this study uses the West Sumatra government as a case study, employing questionnaires and interviews with provincial legal actors. Indonesia Investment Law, which covers a broad spectrum of human development, is utilized as a model for assessing the implementation of gender equality at the local level. Ultimately, this study found a lack of gender equality implementation for SDGs at local institutions. It concludes that this could have been anticipated via a more comprehensive international legal framework, which could be implemented through national regulations. Keywords: Environmental Law, Gender Equity, Sustainable Development Goals

AN APPRAISAL OF THE INTERNATIONAL LEGAL FRAMEWORK ON THE HEALTH RIGHTS OF A CHILD

In any decision that must be taken in respect of a child, the best interest of the child must be the paramount consideration. The rights of the child must be safeguarded from any form of abuse or violation. The abuse or violation of the rights of the child is often detrimental to the health and well-being of the child. Every child is entitled to the right to health and health facilities, in other words, practices and acts that are detrimental to the health of the child must be avoided. Some of these practices sometimes claim the life of the victim or may lead to permanent deformity. Both the State and the parents of the child have a greater role to play in ensuring that the child enjoys his/her right to health. This study examined the child’s right to health, practices that violate the right to health, and the legislative framework on the right to health and health facilities. The essential goal of this study was to recognize the necessity of the health of the child concerning relevant international legal frameworks and to justify the need for enactment of an enabling law on the health rights of the child. The study adopted a doctrinal research method. It relied on primary sources of data such as statutes, conventions, and judicial decisions and secondary sources of data such as articles in journals, textbooks, and internet materials among others. This study however concluded that the health of the child is of great importance to the development and well-being of the child.

Human Rights and Sovereign Debt Restructurings: Considerations on States’ Legal Arguments in Disputes under Public International Law

This article delves into the intersection of sovereign debt restructurings with human rights. It emphasises that, in disputes under international law, States often omit to raise arguments concerning how adverse judgments could potentially harm the economic, social, and cultural rights of their citizens. The article also draws attention to the applicable law approach of some arbitral tribunals and the behaviour of certain holdouts, explaining how they can also contribute to this ecosystem. Ultimately, it is argued that the current hard-law international architecture is neither optimal nor encouraging to robustly link sovereign debt restructurings and human rights. To this end, the article recommends that these processes be guided by certain general principles of law. These principles, considered sources of international law, should be infused with international human rights law nuances. Rather than advocating for an overhaul, suggestions are made to refine the existing international legal framework and better suit human rights in sovereign debt restructurings.

Analysis of Chinese Environmental Legal System and International Legal Frameworks on Supporting Green and Low-Carbon Development

The aim of this study is to analyze the Chinese legal system and international legal frameworks on supporting green and low-carbon development, one of the strategies adopted to achieve sustainable development while effectively addressing climate change. However, different projects and measures supporting green and low-carbon development may affect one another if legal and policy measures are not well established and implemented. Globally, different international instruments highlight various commitments that guide the implementation of green and low-carbon development. At the domestic level, China has numerous plans and policies aimed at achieving these goals, and both international and domestic measures on green and low-carbon development are interdependent. This study found that China has different environmental laws that can advance green and low-carbon development. However, these laws often lack specific references to “green and low-carbon development,” a phrase that appears primarily in policies. This gap may lead to a lack of coherence between those policies and the absence of specific institutions dedicated to these goals. This study recommends that specific laws can be enacted from different existing Chinese plans and policies to ensure a coherent and long-term framework for green and low-carbon development. With the existence of such a law, responsible institutions will be established, and the enforcement of policies and plans related to green and low-carbon development will be ensured.