International Legal Instruments Research Articles

Legal regulation of confessional relations in Kazakhstan

Multinationalism and the presence of many different religious groups in the country can be causes of inter-ethnic and inter-confessional conflicts. A tool to help avoid them is the implementation of an effective legislative mechanism. The research aims to investigate the legal foundations of confessional relations in Kazakhstan, including constitutional norms, norms of laws and bylaws, and the provisions of international acts in the sphere of relations between the state and religion. The system of methods of scientific knowledge of different levels – from the most general methods to special methods of legal science – was used to implement the goal. The study, the model of state- confessional relations of the Republic of Kazakhstan, its basic principles, as well as the existing legal support of this model were analysed and conducted. The authors concluded that the legislation of the Republic of Kazakhstan regulating confessional relations partially corresponds to international normative legal instruments regulating freedom of religion. In addition, the study showed that the model of state-confessional relations in force in the Republic of Kazakhstan contributes to the observance of citizens’ rights to freedom of religion, the prevention of inter-confessional conflicts among religious groups within the country, and the establishment of peace. The practical significance of the results makes it possible to assess the effectiveness of the current mechanism of legislative regulation of confessional relations and to identify the main problems and ways to resolve them.

Problematic aspects of the influence of the legal system on social phenomena

The article examines the problem of the interaction of law with other social phenomena. On the one hand, law can be used to protect other social phenomena, such as moral norms, economic interests, cultural values, and on the other hand, social phenomena can influence the formation of legal norms and law and order in society. An important aspect of research is the interaction of legal norms with such social phenomena as politics, economy, culture, morality, and others, as well as the influence of legal norms on social reality and the interaction of various aspects of society’s life. The article examines the problem of the correlation of legal policy with certain social phenomena, and also determines the role of law in the formation of social reality. In addition, the author investigates the problem of regulation of social phenomena by the norms of national and international law in the context of social phenomena. Understanding the relationship between law and various social phenomena is important for the development of legal policy in the conditions of constantly changing social realities. Studying the relationship between law and other social phenomena allows us to understand the causes of such conflicts and find ways to solve problems. Understanding the relationship between law and social phenomena is important for the effective functioning of the legal system, ensuring the protection of human rights and freedoms, the development of international law and legal awareness. Knowledge of this interaction helps to understand trends in the development of law as a social phenomenon, as well as social phenomena as components of law. Also, understanding the relationship between law and other social phenomena is important for the development of the international legal system and the implementation of international legal cooperation. In connection with the growth of globalization and international cooperation, there is a need for the development of international law and legal instruments that regulate relations between different states and international organizations. Understanding legal norms and their relationship with social phenomena contributes to the formation of a high legal culture in society and ensuring the protection of human rights and freedoms.

Raising the minimum age of criminal responsibility in Kenya

This paper investigates why and how Kenya reviewed its minimum age of criminal responsibility while enacting the Children Act of 2022. The Act creates a range; a lower level of the minimum age of criminal responsibility of 12 years and a higher level of 14 years. In the preceding regime of laws, the minimum age for criminal responsibility was 8 and 12 years, respectively. The paper interrogates how Kenya arrived at the ages of 12 and 14. In doing so, the paper will examine the foundations of the minimum age of criminal responsibility and some of the international legal instruments affecting the minimum age of criminal responsibility.

ROLE AND POSITION OF INTERNATIONAL ENVIRONMENTAL INSTITUTIONS IN ENVIRONMENTAL MANAGEMENT

Problems regarding global environmental issues have become the focus of attention of developed and developing countries. Because the issue of environmental damage certainly has quite a broad impact, namely regarding the exploitation of Natural Resources (SDA) on land, sea and air on a massive scale which then arises threats such as the depletion of the atmosphere and uncertain climate change, especially as the rate increases. population growth that is increasingly unmanageable transnationally. This destruction certainly requires an alternative solution through international legal instruments to be later adopted by other countries through international environmental institutions. Like the United Nations Environment Program (UNEP) as an organization originating from the United Nations (UN) in the environmental sector and several other institutions have the ability to handle global environmental problems by inviting each country to study dominant problems, such as forest fires, water pollution, or degradation of soil quality. Through international environmental institutions, of course it has become the focus of in-depth studies regarding its position and role in influencing environmental prevention and preservation in all countries around the world. The results of this research show that international institutions through their respective authorities are able to suppress policies in each country in cooperative activities to achieve global environmental protection programs.

Analyzing the Right to Education for Marginalized and Vulnerable Populations: Legal Strategies for Access and Quality

The right to education, recognized and protected globally, serves as a vital catalyst for marginalized individuals—both adults and children—to escape poverty and actively engage in their communities. It empowers women, shields children from exploitation, upholds human rights, fosters democracy, and contributes to environmental preservation. Education, a fundamental human right, intertwines with other rights, shaping the full development of individuals and promoting global understanding. Despite its critical role, challenges persist in ensuring universal access to basic education, emphasizing the urgency of addressing this issue for a more equitable society. Despite the right to education being a cornerstone of human rights, marginalized and vulnerable groups struggle to obtain quality education. This paper dissects legal frameworks guaranteeing this right, particularly how they can be utilized to ensure access and quality for these populations. The paper explores international and national legal instruments recognizing the right to education. It then delves into the challenges faced by marginalized groups, including geographic isolation, poverty, discrimination, and disabilities. The core analysis focuses on legal strategies to overcome these barriers, such as litigation, policy reform advocacy, and leveraging human rights mechanisms. By examining successful legal tactics, this paper aims to provide a blueprint for promoting accessible and high-quality education for all. This includes fostering inclusive learning environments, culturally relevant teaching methods, and addressing the specific needs of marginalized groups. Ultimately, the goal is to contribute to a more equitable and just education system that empowers everyone to reach their full potential.

The Efficacy of Climate Change Law in Ethiopia

Climate change is continuing all over the world including Ethiopia. This research investigates the efficacy of Ethiopian law in responding climate change. It employed qualitative research methodology whereby international legal instruments as well as literature have been analysed. Relevant national legal instruments and literature have also been investigated. The research found that no comprehensive climate change law is available and the regulation of the issue is left to diverse laws, strategies and plans. It identified that the implementation is not satisfactory, in general. It recommends comprehensive law to be enacted by the Ethiopian Government and bring the duties of regulation into one institute.

Child Right of Education under International Law: A Special Reference to Indian Education System

Globally, the application of RTE under international human rights legislation is a deeply entrenched issue, particularly in developing and growing nations. The issue has multiple sides, ranging from discrimination to the topic of free and compulsory quality education for all, because of the nature of soft law, unclear wording, and fragmentation within provisions of international and regional legal instruments. Article 21(A) was implemented in 2002 as a component of the 86th Amendment Act, pertaining to India. It stated that children from six to fourteen would get free and compulsory education from the state, incorporating basic education into the right to freedom. Six years after the Indian Constitution was ratified, in 2008, the Union Cabinet adopted the Right to Education Bill changed. The Right of Children to free and Compulsory Education Act, also known as the Right to Education Act (RTE), was passed by the Indian parliament on August 4, 2009, and it describes the procedures for offering free and compulsory education to children between the ages of six and fourteen. It is a statute that falls under Article 21A of the Indian Constitution. One of the 135 nations to join the club was India. The current study examines India's legal framework and educational system in the context of international law using a qualitative approach and the doctrinal technique of research.

Human Rights in the Distribution of Vaccines Against Civilians According to International Law: An Analysis of Human Rights Problems in the Acceptance of Vaccines COVID-19 in Philippines

In an effort to boost the Philippines' economic recovery amidst the COVID-19 pandemic, the government made the decision in January 2022 to allow foreign tourists to enter the country without the need for quarantine, as long as they can provide proof of vaccination. However, some Filipinos have expressed discontent with this choice, as unvaccinated individuals continue to face travel difficulties. Addressing this issue, President Rodrigo Duterte has warned that those who choose not to get vaccinated and violate stay-at-home orders may face arrest. Extensive analysis and literature review have revealed that vaccination is a communal right. While the decision to receive a vaccine is a personal choice, legal principles dictate that every individual has the right to choose what substances are introduced into their body. However, in cases where there is a high risk of contagion, such as with Covid-19, governments may mandate the distribution of vaccines for public safety. This conclusion is based on an evaluation of international legal instruments, including the UDHR, ICCPR, ICESCR, and others.

Human Rights and the Periphery: Righting the Deprivation of the Sama Dilaut as Indigenous Maritime Peoples in the Southern Philippines

The Sama Dilaut identify their source of homeland and identity as peoples of the sea. Despite their procedural rights guaranteed under international and domestic legal instruments, they remain in the periphery within the informal hierarchy of ethnicities, not because they are resource-poor but because they are capability- and freedom-deprived. As opposed to material deprivation, this study focuses on rights deprivation, that is, the alienation of their indigenous context and perspective in human rights interpretation and fulfillment. Using qualitative methods specifically phenomenology and key informant interviews, it first queries their lived experiences of deprivation on land, at sea, and horizontal (community) and vertical (State) levels. Second, it critically examines pathways and solutions to enjoy their rights and freedoms fully. The results focus on their concept of human rights (kapatut manusiya) and their communally-identified four significant lived deprivations vis-à-vis desired freedoms. These are related to knowledge and education (pangalaman or panghati), indigenous culture and spirituality and religious beliefs (pangaddatan and pag-omboh or pag-paybahau), traditional and diversified economic life (pag-usaha or pagkalluman), and socio-political leadership and participation (panglima or nakura). This study contributes to putting the international human rights landscape into perspective through the lens of the Sama Dilaut, who are freedom-deprived yet rich in (maritime) culture and worldview.

The National and International Legal Framework Related to Family Relations Seen from the Perspective of Gender Equality

Gender-based discrimination is a long-standing problem of society and of the family in particular. While the possibilities of identifying the phenomenon of discrimination in public life are more tangible, discrimination in the family remains mostly in the shadows and not easily evident. It is about the relationships that are built between spouses, children, and other family members. This study aims to analyze the factual and legal situation of the dimensions of (lack of) equality between family members from a gender perspective. Seen through the lens of family relations in particular, this study will reflect in general terms the trend and society's approach to gender equality. This is because of imagining and not only the family as the basic and most important cell of society, the one that transmits values and principles to society. Healthy family and marital relations are an important contribution to the elimination of gender stereotypes not only between family members but also in society in general. Although family relations mainly belong to the sphere and private interest, the legislator has always put a strong emphasis on the special protection of the family and marriage, providing for it in the most important normative acts, such as the Constitution and the Family Code, but also in other acts which indirectly regulate family relations. There are also numerous international legal instruments that mainly protect the institution of the family and mainly the sphere of equality in the rights and obligations of its members. See these in the consideration of equality between men and women in several main directions such as equality and non-discrimination between men and women to the relationship that originates from marriage as an act, equality and non-discrimination of men and women to the rights and obligations towards children, equality, and non-discrimination in the consequences of ending a marriage. The elaboration and legal basis of the situations cited above will be the purpose of this paper, seen from the perspective of domestic and international legislation, as well as judicial practice. Legal reforms in the aspects of legal equality and non-discrimination in family and marital life have been and will remain a dynamic and continuous process as long as the dominant elements is human nature. This is reflected in internal normative acts such as the Family Code, but also in ratified international instruments and the jurisprudence of the ECHR. While the facts and results show that there is still significant gender inequality between family members, this should be taken as an incentive not only for other legal reforms but also for social policies in the future.
 
 Received: 19 February 2024 / Accepted: 21 March 2024 / Published: 23 March 2024

A critical analysis of how sexual violence against women is defined and addressed within existing legal instruments in Bangladesh

Violence against Women (VAW) is considered a gender-specific human rights violation and is a form of discrimination that perpetuates women’s subordination and patriarchal structures throughout all levels of society. Research continues to demonstrate that the legal instruments dealing with sexual offences in Bangladesh have significant limitations and fail to meet international standards. This article identifies gaps between Bangladeshi domestic legal instruments and international legal instruments. In order to uncover and analyse the gaps, I employed thematic analysis techniques and a feminist legal theoretical lens. The findings of the study show that there are significant gaps and limitations regarding the conceptualisation of sexual violence, trial process, medical tests, variability of punishment, and protecting rights of victims in the present Bangladeshi legal instruments in comparison to the international instruments. This research provides insight into the alarming situation of sexual violence against women in Bangladesh and the problematic gaps within legal instruments in that nation, which governmental and academic authorities must consider if they are to be effective in preventing violence against women in Bangladesh.

Protection of Freedom of Expression Through Social Media from The Perspective of Human Rights

Freedom of expression is one of the fundamental human rights guaranteed in various international legal instruments. The development of information and communication technology, especially social media, has opened up new spaces for people to express their opinions. This research aims to analyze the protection of the right to freedom of opinion through social media from a human rights perspective. This research uses normative legal research methods with a qualitative approach. Research data was obtained through literature studies of various statutory regulations, books, scientific journals and other legal sources. The data that has been collected is then analyzed in three stages, namely data reduction, data presentation and drawing conclusions. The research results show that the protection of freedom of expression on social media is regulated in various policies including the Universal Declaration of Human Rights (UDHR), the International Convention on Civil and Political Rights (ICCPR), and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Meanwhile, in Indonesia it is regulated in the 1945 Law, the Human Rights Law, and Law Number 19 of 2016. The right to freedom of opinion through social media is a fundamental human right that needs to be protected. This right is considered a fundamental right that cannot be reduced or limited by anyone or the state, this emphasizes the need for strong fulfillment and protection of this right. However, this right also needs to be balanced with the responsibility to use it wisely and responsibly.

Child’s Right Protection in Cameroon

Children are human beings below the age of 18 years. They are distinctive and privileged since they are a vulnerable group of human beings. Children have human rights such as the right to education, health and a standard of living. These rights have to be respected and protected. As per the Triple Prong Theory of Protect, Promote and Fulfil, it is the responsibility of the state to ensure that its citizens enjoy their human rights. The ideas that animated children’s right movement developed after the Second World War and the atrocities of The Holocaust. Children are often victims of bad treatment, negative social and cultural practices, sexual abuse and all forms of economic hazardous exploitation. This research exposes child labour as a major infringement of child rights that needs to be eliminated. Children engage in this activity out of desperation or are forced. Although they are coming from poor families, some of them have to work. Others are trafficked and forced to work in plantations while others are in commercial sexual exploitation. It therefore becomes necessary to investigate on activities violating children’s rights and possible mechanisms. This paper makes use of an in-depth analysis of International legal instruments protecting children’s rights at the international level. These international legal instruments are ratified and applied with other national instruments protecting children’s rights, yet, these rights are still violated. It is recommended that measures should be taken to intensify the fight against child labour in the area of education. Cameroon has a good legal framework for the protection of children’s rights. However, child labour which is manifested in its various forms only suggests that more is expected from the government in protecting children’s rights.

Revisiting heritage in the ocean: common heritage of [Hu]mankind, maritime heritage and beyond?

ABSTRACT By zeroing in on the term ‘heritage’ in the most important international legal instrument on oceans – the 1982 Convention on the Law of the Sea (LOSC), this article explores how the concept of the Common Heritage of [Hu]mankind and maritime heritage are produced and deployed in the global legal project of ocean-ordering and the implications thereof. The Common Heritage of [Hu]mankind concept embodies and enacts a dominant resource-centric framing of the ocean. This framing prioritises and valorises the material and economic value of the deep seabed, thereby transmuting it into an oceanless exploitable common. The LOSC, with minimal cultural preoccupation, also conceptualises and confines maritime heritage within a narrow land-based and material-centric understanding of heritage that often prioritises state control and claims. This is because the LOSC is constrained and shaped both by the metaphysical, geographical, and legal tendency of ocean parcelisation and by the authorised heritage discourse that conditions how heritage is understood and practiced. We conclude by suggesting taking the Middle Passage as an analytical provocation, that is to recognise the mutually constitutive and constituting relationship between the Middle Passage and the (Atlantic) Ocean, to enable critical reflections and alternative perspectives on heritage-making in ocean environment.

Certainty of the Death Penalty in Terrorism Crimes from the Perspective of International Criminal Law

Terrorism is an extraordinary crime which is classified as a crime against humanity (Crime Against Humanity), and is a serious threat to the supervision of every country because terrorism is an international crime which poses a danger to security, world peace and is detrimental to the welfare of society. It needs to be eradicated systematically. planned and sustainable so that the human rights of many people can be protected and upheld. The aim of this research is to find out the certainty of the Death Penalty in Terrorism crimes from an International Criminal Law Perspective and to find out regarding Human Rights to the certainty of the Death Penalty in Terrorism Crimes from an International Criminal Law Perspective. Data collection in legal writing is library research (library research). The debate regarding the death penalty is also related to the right to life which in international legal instruments and in the 1945 Constitution is included in the category of rights that cannot be reduced under any circumstances (non-derogable rights). The practice of capital punishment in Indonesia is still considered class biased and discriminatory. because in both the Criminal Code and the ICCPR the death penalty is permitted for the most serious types of crimes, including the crime of terrorism.

Basic Provision of the Extent to Which the Right to Go on Strike by Trade Unions in Nigeria is Absolute

The right to strike is an integral part of the right of workers to associate with other persons to form or join trade unions for the advancement or protection of their interests. This paper examines the basic provision of the extent to which the right to go on strike by trade unions in Nigeria is absolute under various enactments. The paper further examines and reviews the right to strike in some selected jurisdictions. The relevant constitutional provisions entrenching the fundamental right of freedom of association as well as the provisions of other national and international legal instruments which guarantee the right to strike were discussed in full detail. Furthermore, this paper examines the rationale for the ban on strikes in essential services. It also examines the conditions which workers who are not engaged in the provision of essential services must fulfill before they can embark on lawful strikes. These conditions are examined in the light of international labour standards. The paper contained different types of strikes, the steps trade unions follow before going on strike, the right to strike by the trade union, and different schools of thought as regard to trade unions in Nigeria going on strike.

The Role of International Efforts in Combating Cybercrimes

Cybercrimes have become a modern type of crime pattern. They are characterised by the fact that they transcend the borders of states. This led to the direction of the international community to cooperate to confront cybercrimes, as they have a great impact on the national security of states. Therefore, states and international organisations have sought to take joint measures to protect individuals, societies and companies from cybercrimes by concluding international and regional agreements. The most important of these agreements is the Budapest Convention on Combating Cybercrime, the latest of which is the Paris Call for Confidence and Security in Cyberspace. The increase in the use of the internet results in an increase in exposure to the risk of cybercrime. Moreover, the increasing involvement of individuals and organised criminal groups with the internet can harm states, individuals and companies. This invites regional and international organisations to play an important role in concluding international agreements that consolidate international efforts in cybersecurity. However, although there are important international steps in combating cybercrimes, this effort faces several challenges. In addition, the implementation of international agreements approved by states in combating cybercrime is still problematic. Cybercrime is a global challenge, and any effective response requires coordination between the public and private sectors, including law enforcement agencies across many international jurisdictions. This paper discusses the role of international efforts in combating cybercrime in terms of international legal instruments and the role of international organisations in this context. The paper also presents the most important challenges facing the enforcement of these efforts to achieve international co-operation in confronting this type of emerging crime. The paper uses descriptive and interpretive approaches with analytical methods. It concludes with several recommendations for ways to improve international efforts in combating cybercrimes, including the establishment of an international system for responsibility sharing among states to combat cybercrimes.

GRUR Taskforce IGC: The WIPO Draft International Legal Instrument Relating to Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources – Overview and Analysis

Abstract The German Association for the Protection of Intellectual Property (Deutsche Vereinigung für gewerblichen Rechtsschutz und Urheberrecht e.V., or GRUR) is a non-profit scientific association of professional groups and organisations working in the field of industrial property and copyright. Its members include, in particular, academics, judges, lawyers, patent attorneys and representatives of associations and private companies. The GRUR Taskforce IGC has been observing the negotiations of the World Intellectual Property Organization’s (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore since 2022. This opinion summarises the results of the discussions of the GRUR Taskforce IGC on the WIPO negotiations on a convention on the protection of genetic resources and associated traditional knowledge and on the draft text of a convention.

FREEDOM OF INFORMATION IN MALAYSIA: INTERNATIONAL LEGAL INSTRUMENTS AND RESTRICTIONS UNDER NATIONAL LAW

The acceptance of Freedom of Information (FOI) as a fundamental mechanism for enhancing accountability and transparency in the public sector is widely recognized. Numerous international legal instruments (Conventions) have advocated for the establishment and enforcement of legal frameworks pertaining to the FOI. The FOI legislation serves two essential functions, namely enhancing democratic engagement and mitigating corruption within the public sphere. Despite the acceptability of FOI on the global stage, Malaysia lacks a comprehensive legal framework to address the right to access information, except for Selangor and Penang. Additionally, there are various national legislations that hinder the exercise of FOI. This article’s objective is to examine the use of the FOI concept within the framework of international legal instruments as well as the challenges posed by Malaysian national laws that impose limitations on its implementation. The objective is achieved by employing a doctrinal methodology that incorporates international legal instruments as well as Malaysia’s legislations (Constitution, Acts and Enactments) pertaining to the FOI. The findings show the restrictions under national law make it difficult to implement FOI legal regimes in Malaysia. This paper argues that implementing FOI can only be materialized through a comprehensive review of existing laws and administrative structure reform by adapting universal standards on FOI as stated under international legal instruments. This article serves as guidelines for policymakers intending to address FOI as the anti-corruption mechanism in public sectors. Moreover, recommendations are made for the implementation of FOI into Malaysia’s domestic laws.

COMPULSORY VACCINATION OF COVID-19: A DILEMMA BETWEEN ENSURING PUBLIC HEALTH AND RESPECTING INDIVIDUAL FREEDOM

In recent years, due to the COVID-19 pandemic, the world has suffered and undergone a radical transformation. At the beginning of 2020, the world was at the mercy of the COVID-19 pandemic. However, a ray of hope shone upon the world with the development of COVID-19 vaccination. Even though everyone needs to get vaccinated, it prompts a question about whether people can be forced to get vaccinated or if they should be able to choose for themselves. A welfare state must protect its citizens’ health. Despite this, citizens have reasons to be vaccinated against the virus. This paper discusses the abovementioned issue by analyzing judicial decisions, international legal instruments and contemporary data on pandemic situations. This study aimed to address the dilemma of mandatory vaccination and the independence of those who choose to vaccinate. The study revealed that a state can impose mandatory vaccination in certain situations, subject to legal and practical constraints. In contrast, individual freedom is always respected because human rights are vested in international and domestic law. While enforcing vaccination policies, an equitable balance between an authoritarian measure to protect public health and granting an exception to specific individuals, as well as honouring human rights, is the paramount approach.