International Legal Framework Research Articles

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.

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.

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.

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.

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.

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.

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.

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.