International Legal Instruments Research Articles

Interbational legal categories “childhood” and “child” as the basic of their further development and development in the constitutional legal relations of the Republic of Belarus

The article is devoted to the problems in the conceptual apparatus for disclosing the participation of minors in legal relations that arise in the process of implementing the provisions of the Constitution of the Republic of Belarus. Analysis of issues relating to the consolidation of the rights of the child in Belarusian legislation and in international legal instruments in view of the fact that the legal status of children because of special status of a child reflecting the characteristics of the bearer. The classification of the age of periodization in various fields of scientific and social activity was considered as well as the specificity of the constitutional and legal status of the child, which is based on the age limit between adulthood and adolescence. The study is based of the use of normative material, the main one being the method of comparative analysis. The difficulties of developing and applying unified terminology and selecting the boundaries of childhood in regulating the totality of social relations with participation of the child as a subject of Constitutional law are shown.

The Exploitation of Indigenous Communities by Commercial Actors: Traditional Knowledge and Traditional Cultural Expression

The protection of traditional knowledge (TK) and traditional cultural expression (TCE) of underprivileged indigenous communities is threatened due to frequent exploitation attempts by commercial actors for economic benefits. The literature highlighting the legal gaps and necessities to support such legal reforms to protect those communities are scarce in the literature, which has been studied in the current research. The current study aims to provide insightful recommendations for policymakers to help protect the legal rights of underprivileged communities scattered in various parts of the world. Indonesian study setting provided a perfect case to achieve the study objectives. Using a qualitative doctrinal legal research design, the secondary data were collected, and content was analyzed using phenomenological and linguistic analysis. The results revealed that the protection of TK and TCE in Indonesia and several underprivileged communities in various countries need serious legal amendments in local legislation considering international laws. Contextually, the Indonesian Copyright Law is inadequate to accommodate the full protection for TCE. Meanwhile, Indonesian laws that regulate traditional knowledge are overlapping and immature to protect national cultural heritage comprehensively. A new regulation is recommended to ensure that all international legal instruments related to traditional knowledge should help the community of traditional knowledge copyrights in Indonesia with affirmative action towards indigenous communities. Policy recommendations and future research directions are suggested to protect Traditional Cultural Expression and Traditional Knowledge of underprivileged communities in general and Indonesia in focus.

Global Administrative Governance: Liberalization of Government Procurement in Third World Countries

Globalization and the rise of global governance are transforming the structure of International law. From the perspective of the classical, interstate consent-based international law, global governance may still appear merely as a quantitative increase in international legal instruments. On the other hand, some requirement for adoption international law is needed, particularly through a classic scheme for binding force of international law into national legal system. Classic method means that such agreement which is concluded by states. One of the interstate consent based international law is Government Procurement Agreement (GPA) which legally binding agreement in the WTO focusing on the subject of government procurement. Since GPA is a multilateral treaty administered by a Committee on Government Procurement, which includes the WTO Members that are parties to the GPA, and thus have rights and obligations under the Agreement. In fact, the majority of member state, particularly most developing countries are not party the GPA, so there is no legal obligation to observe all the provision of GPA. It seems to be a great obstacle for developing countries to adopt the GPA provisions by several reasons In sum, global administrative governance takes some roles to reform some legal frame works in developing countries. A great contribution produced some positive legal reforms in term of the achievement of competitive and transparent government procurement.

EU migration policy: modern paradigms

The issue of migration policy of the European Union in the modern world is a researched and discussed phenomenon in scientific circles, as the European Union positions itself as a democratic entity with a liberal orientation, which enshrines and protects the right of every person to freedom of movement, so management aims to ensure this value.
 The originality of the article is seen in identifying the key stages of formation and development of migration policy of the European Union, the main risks of today, highlighting the need to reform the existing mechanism, proposals for key vectors of development. The article suggests possible ways to minimize existing risks and threats.
 To investigate this issue analyzed Directive 2011/98 / EC on a single application procedure for a single permit for third-country nationals to reside and work in a Member State and on a common set of rights for third-country workers legally residing in a Member State, Directive 2004/38 / EC of 29 April 2004, Council Directive 2003/109 / EC of 25 November 2003 on the status of third-country nationals who are long-term residents, other international legal instruments on this subject, scientific development, as well as online information resources.
 The authors of the article made the following conclusions: 1. The migration policy of the European Union needs special attention; 2. Despite the long history of normative and institutional support of migration policy, today there are gaps that provoke negative consequences, which requires immediate reform of migration policy; 3. Formed ways of development: 1) creation of a single asylum system at the EU level; 2) strengthening assistance to those Member States that suffer the most from the effects of migration processes; 3) ensuring the strengthening of the protection of the EU's external border and the fight against criminal organizations that smuggle migrants to EU Member States.

RIGHT TO EDUCATION IS A FUNDAMENTAL RIGHT: A ROADMAP

Importance of education realised by the whole world after it declared as a fundamental human right by UDHR in 1948 which is the rst international legal instrument to give such recognition and paved the way for many positive changes to attain the goals set by various international organizations like UNESCO and ILO. With the strong efforts of various social reformers and various initiatives of government India has tried to reform its education policies time to time. The 86th amendment Act 2002, which came into effect on 1st April, 2010, has made changes in the Constitution of India by inserting Article 21A, amending Article 45 and by inserting Article 51A(k) and nally the Right to Free and Compulsory Education Act of 2009. With the enactment of the Act of 2009 popularly known as RTE, a strong initiative taken by the government successfully bring hope in hearts and minds of many Indian citizens. Today education is not limited to those having stronger economic background but after the introduction of Right to Free and Compulsory Education Act, 2009 it became the right of every child. In this research article an effort has been made to cover the journey of “education in India” and to see how successfully it can make a difference in many lives to realise them its importance

A Study on State Duties under UNGPs Ensuring Human Rights in the Ship-Recycling Industry

The adverse human rights impact in the South Asian ship-recycling yards is not uncommon for international shipping industry since beginning of 2000s. Even if preventive measures under the Basel Convention has been established to ensure human rights in these beaching yards, the deteriorated conditions over human rights have rarely experienced improvements for workers and residents. Thus, this paper slightly deviates from current international instruments regulating ship-recycling activities, and then focus on the state duties under IHRL to ensure human rights through UNGPs. Particularly, UNGPs, in order to ensure human rights under the current regime of IHRL including the UDHR and other legal instruments, provides principles which can be applied in relation to business activities of transnational corporate. In particular, as state duties, the UNGPs prescribes state duty to protect against human rights abuses caused by the business activities and to ensure access to effective remedy for the victims. While the UNGPs has not created new obligations of states since it is not an international legal instrument, these obligations should be looked upon derived from the existing international human rights law. Therefore, this paper will examines the state duties under the UNGPs focusing on how to ensure these duties in the ship-recycling industry of South Asia where especially human rights abuses have been severe. These includes development of a new treaty for implementation of the UNGPs for a long-term and domestic measures ensuring effective remedy to the victims for a short- to mid-term.

THE ROLE OF ENVIRONMENTAL LAW IN SUSTAINABLE DEVELOPMENT TO REALIZE COMMUNITY WELFARE AND ENVIRONMENTAL JUSTICE

for life in all its aspects and dimensions in accordance with the insight of the archipelago. In order to utilize natural resources to promote public welfare as mandated in the 1945 Constitution of the Republic of Indonesia and to achieve a happy life, sustainable development with an environmental perspective, based on an integrated and comprehensive national policy taking into account the needs of the present generation and future generations. For this reason, it is necessary to consider implementing a harmonious, harmonious, and balanced environmental management in order to support the implementation of sustainable development with an environmental perspective. In implementing the protection and management of the environment in the context of sustainable development with an environmental perspective, it is necessary to pay attention to the level of public awareness and the development of the global environment as well as international legal instruments related to the environment. Public awareness and life in relation to environmental protection and management has developed in such a way that it needs to be perfected to achieve sustainable development goals with an environmental perspective. The regulations stipulated in Law no. 32 of 2009 concerning Environmental Protection and Management, especially in Chapter VII that the management of hazardous and toxic materials as well as hazardous and toxic waste materials must be carried out, in order to minimize the waste disposal system with very little risk for the environment, human survival and other living things. By realizing this, hazardous and toxic materials and their waste need to be protected and managed properly.his research was conducted through the juridical-normative method, where the study of the approach used a conceptual approach. The purpose of this study is to find out how far the influence of the Sustainable Development Goals (SDGs) applied to the environment is, whether it is as expected or vice versa, and to see the influence of environmental law which is the legal basis for this research in solving problems related to this. . And of course with the SDGs, many things must be available, namely the existence of pillars that must exist accompanied by institutions that become the necessary background, in terms of economics, politics, culture, and related bureaucracies.

ISIS Ex-WNI or Indonesian Ex-ISIS? An Overview in the Perspective of National Law and International Law

In Indonesia, there is a debate regarding the repatriation of former ISIS citizens. One of the main issues is related to the legal protection that will be provided by the state to them, especially their citizenship status. Based on this background, the formulation of the problem in this article is legal protection for Indonesian Ex- ISIS. This article uses a legal research method with a statutory and conceptual approach. Based on the results, it was found that several Indonesian laws and regulations and several international legal instruments expressly recognize the existence of citizenship as a fundamental right for everyone, and no one can arbitrarily revoke or be denied the right to change their citizenship. Sanctions for revocation of one's citizenship status cannot be applied equally to someone whose involvement is only limited to believing in theories, doctrines, or understanding terrorism under the guise of a certain religion. Elimination of citizenship rights by a country is an act that is not taken for granted. The decision-making on the Indonesian Ex- ISIS must still refer to the principle of protecting Human Rights (HAM) and several other international legal instruments.

Role of Climate Change in Exacerbating Sexual and Gender-Based Violence against Women: A New Challenge for International Law

The advent of climate change era has been affirmed by various global processes including 21 May 2019 recognition by the Anthropocene Working Group of ‘human impact’ in bringing profound alterations on planet earth. It has emerged as the predominant ‘world problematique’. Though entire populations are affected by climate change, women and girls suffer the most. Due to their traditional roles, women are heavily dependent on natural resources. As already seen, as a consequence of natural disasters and during Covid-19 pandemic in 2020-21, women have faced heightened real-life challenges specially being vulnerable to different forms of sexual and gender-based violence (SGBV). They suffer from a lack of protection, privacy, and mental trauma. Women are exposed to SGBV due to weak or absence of social, economic, political security and the culture of widespread impunity to the perpetrators. There is double victimization of women both as human beings and because of their gender. Effect of SGBV is highly injurious and perpetual. A close study of four main areas of international law does not yield any international legal instrument that deals with SGBV against women during and after the climate change induced disasters. This is more ominous when growing evidence suggests role of climate change in exacerbation of SGBV against women and girls. Even texts of the three specific climate change treaties (1992 UNFCCC, 1997 Kyoto Protocol and 2015 Paris Agreement) do not address this issue. It has been given attention only through the decisions of the Conference of the Parties in recent years. Due to serious psychological and bodily harm SGBV causes to women, it needs to be explicitly factored in respective international legal instruments on climate change and disasters. Amidst ignorance, denials and lack of adequate attention as regards impact of climate change in exacerbating SGBV against women and girls from the scholars and decision-makers in the field, this study makes a modest effort to deduce and analyze – from scattered initiatives, scholarly literature in different areas, existing international legal instruments and intergovernmental processes – the growing causal relationship between climate change and SGBV against women and girls so as to suggest a way out for our better common future. It is a new challenge for international law that needs to be duly addressed in a timely manner.

Measures Ensuring Security of Participants of Criminal Proceedings: International Legal Aspect

The article describes international legal positions ensuring the safety of participants in criminal proceedings. The international community has developed documents that provide states with unified and universally accepted legal provisions to regulate the statutory position of a participant in criminal proceedings. The national legislation should be brought in line with the global requirements. Generalizing the existing international legal instruments, the authors identify universal safety measures protecting participants in criminal proceedings. The protection of witnesses and victims is a guarantee of establishing the defendant’s guilt. Assistance in criminal proceedings facilitates the effective and timely collection of evidence.

Pharmaceutical nationalism as an instrument to ensure the access to medicines

Keywords: pharmaceutical nationalism, access to drugs, compulsory licensing, governmentuse, exclusion from intellectual property rights
 The article concerns the emergence of the phenomena of«pharmaceutical nationalism» in the year of the COVID-19 pandemic. Pharmaceuticalnationalism is manifested in the qualitative and quantitative aspects. In the contextof a qualitative manifestation of pharmaceutical nationalism, we presume the politicalwill on establishing of a new state protectionist policy to local manufacturers ofmedicines, the establishing of preferences, exemptions of the patent monopoly basingon international legal instruments (TRIPS-flex). The quantitative aspect of pharmaceuticalnationalism is the primacy of satisfaction of the needs of the domestic marketof medicines in quantities that could ensure the biological security of individually foreach state, independently of the interests of others. The article also raises the issue ofthe need and means of forming pharmaceutical nationalism in Ukraine.The world community is calling for the demonopolization of research results on theprevention and treatment of COVID-19. WHO invites developers and companies towork together to ensure the disclosure of treatments and methods if they prove effective.International Federation of Library Associations and Institutions also presentedan open letter to WIPO urging WIPO to use all available flexible intellectual propertymechanisms to maximize global access to information (research data) on the treatmentof COVID-19. Canada, Israel and the EU are working to prevent the monopolizationof COVID-19 prevention and treatment.Ukraine should actively work to develop legislation in the field of compulsory licensing,as provided for in Art. 31 TRIPS Agreement. From a political point of view, itis the historical chance of Ukraine to become «he second India» or «the first Ukraine»in Europe in the production of generic medicines and biosimilars.

International Standards of Implementing Mediation within Criminal Proceedings and the State of Its Realization in Ukraine

International standards for mediation in criminal proceedings have been defined; the process of development of the institution of mediation in criminal proceedings in Ukraine has been characterized; propositions on improving the procedure for mediation in criminal proceedings have been expressed.
 It has been established that the introduction of mediation in criminal proceedings, as a necessary condition for the development of the national legal system, was reflected in many international legal instruments that Ukraine had undertaken to execute. The traditional system of criminal justice cannot offer an effective solution to the problem of dealing with persons who committed a criminal offense. It has been proved that the urgent need of our state is to create new effective alternatives to official criminal prosecution, in particular mediation.
 The analysis of legislative activity on introducing mediation in Ukraine has been carried out. Representatives of the legislative initiative on the need to consolidate the possibility of conducting a mediation procedure at the legislative level by adopting the draft Law of Ukraine “On Mediation” dated from May 19, 2020 No. 3504 in the second reading.
 It has been defined that mediation in Ukraine is not fully implemented, since there is no legal basis. At the same time, some measures have been implemented in Ukraine to introduce mediation in criminal proceedings. Thus, the Criminal Procedural Code of Ukraine provides the possibility of concluding a conciliation agreement between the victim and the suspect, the accused. At the same time, allowing the possibility of concluding a conciliation agreement, the criminal procedural legislation does not directly regulate the mediation procedure. It has been substantiated that the procedure for mediation during criminal proceedings should be regulated by: 1) adoption of the Law of Ukraine “On Mediation”; 2) making systemic amendments to the Criminal Procedural Code of Ukraine.
 Particular attention has been paid to the fact that, despite the lack of a legal basis, our country has experience in applying the mediation procedure in criminal proceedings. Starting from 2019, two pilot projects have been implementing in Ukraine, which demonstrated positive results in this direction: “Restorative Program of Juveniles Suspected in Committing a Criminal Offense” and “Implementation of Restorative Justice in Ukraine”. The results of the implementation of these projects have proved that the mediation procedure has indisputable advantages over punitive justice.

Settlement of conflict of interest in the process of beneficial housing at the expense of budget funds as a guarantee of the constitutional law

The paper proves that the realization of the right to a dignified life can be effective only in the framework of legal activities, and the presence of special legal means, which are tools to ensure a dignified human existence, also plays an important role. The analysis revealed that each society has its own standards of understanding the right to a sufficient standard of living, the basis in this case should be the only generally accepted norms and standards, especially those enshrined in international legal instruments. Guarantees of constitutional law and housing and the right to an adequate standard of living are interrelated and represented by a system of political, economic, social conditions, legal means and mechanisms aimed at ensuring the proper exercise of these rights. The system of guarantees of the constitutional right to housing and a sufficient standard of living is represented by general and special (legal) guarantees. The purpose of preventing corruption due to conflict of interest is to form a unified approach of persons authorized to perform state or local government functions and persons equated to them, to understand and comply with the rules of prevention and settlement of conflicts of interest introduced by the Law of Ukraine “On Prevention of Corruption”. Preferential provision of housing for citizens is carried out through certain mechanisms: providing citizens with affordable housing, provided by the Law of Ukraine “On Prevention of the Impact of the Global Financial Crisis on the Development of the Construction Industry and Housing Construction”; state, regional and local housing programs for certain categories of the population; providing social housing to socially vulnerable groups of the population of Ukraine.

Promoting the Participation of Indigenous Peoples in Environmental Impact Assessment: Effectiveness of Akwé: Kon Guidelines in Finland

Indigenous peoples’ participation in public policy and planning is ascribed in numerous international and national legal instruments as essential to the realisation of their self-determination. This study examines how the Akwé: Kon guidelines (AK) can promote effective indigenous peoples participation in environmental management, especially during environmental impact assessment (EIA). Special focus is drawn on the Finnish context, home of the Sámi indigenous people. The study applies an effectiveness review package by Lee and Colley (1999), supplemented by interview and questionnaire surveys, to analyse how effective the AK have been. It was found that although they were useful in promoting further interaction of the Sámi with authorities, the AK did not address their most fundamental political and legal grievances. This leaves room for EIA policy and practice, in Finland and all other jurisdictions with indigenous peoples, to consider how they can more effectively harness the potentialities in AK.

Migrant worker policies and national privilege: A UK case study

After a long period of decline in the Global North, migrant worker policies are making a comeback on the agenda of the European Union and several of its member states. Inspired by Iris Marion Young and Nancy Fraser’s accounts of structural injustice, this article argues that such policies cannot be reconciled with the principle of equality between migrant and national workers enshrined in international legal instruments such as the Convention on Migrant Workers and the EU Seasonal Workers Directive. To make this point it draws on a selection of UK based empirical literature as well as primary data from a recent study on domestic workers admitted to the UK under temporary visas since 1998. Results suggest that such visas tend to push migrants’ working conditions downwards (exploitation); prevent them from changing employer, enforcing rights in court or mobilising in unions (domination); and ultimately exacerbate racial conflict and stereotyping (stigmatisation).
 Received: 10 February 2021Accepted: 14 May 2021

Human Trafficking in Woman and Children Perspective; Protocol to Prevent, Suppress and Punish in Persons

Trafficking in persons is a cross-border crime which injures human dignity. The mode of trafficking in persons is to take advantage of the economic conditions of potential victims by luring them a better job. This research will discuss the profile of victims of trafficking in persons, gender analysis in human trafficking, and international policies in victim protection that are gender equality oriented. This research is a normative juridical study examining the analysis of international legal instruments, laws and court decisions. The research was conducted using the statute approach, legal concepts and the concept of gender. The victims of trafficking in persons are dominated by women, although it does not rule out the possibility that men can also be the victims. Women are considered as commodities that can provide benefits because they can be bought and sold to do work without requiring high education, and even provide sexual services. The perpetrators of the criminal network carry out the recruitment of potential victims by involving the householder of the potential victim, in this case the husband or father of the potential victim. This condition cannot be separated from the deep rooted patriarchal culture in the society, in which the men play a role as the decision makers in the family. Power relations play an important role in analyzing this crime of trafficking in persons. Efforts to combat trafficking in persons are carried out within the framework of a gender-equitable policy. However, the existing legal instruments have not addressed the fundamental problems of trafficking in women. Reconstruction of the legal culture of society is very important in protecting women from various forms of violence.

LA INSUFICIENTE PROTECCIÓN JURÍDICA INTERNACIONAL DE LOS MIGRANTES IRREGULARES VÍCTIMAS DE TRATA

The lack of a common legal definition of the term «migrant» or the fact of international legal instruments which are sparse as for concepts or simply not interconnected being applied concurrently on irregular migrants drive, as a result, to a serious lack of protection that the ECtHR has started recently to approach under art. 4 ECHR in a new and still under construction interpretation. According to it, art. 4 ECHR would include not only servitude, slavery or forced labour but additionally trafficking in human beings.

Legal Protection Againts Violations of Human Rights That Abuse Uighur Ethnic Women in China

The purpose of this research is to respect the legal protection of ethnic Uighur women in Xinjiang, China from the perspective of International Human Rights and to find out and study the resolution of cases of serious international human rights violations against ethnic Uighur women in Xinjiang, China. Legal protection for women of Uighur ethnicity is based on articles 3,4,5,9,10,11, the Universal Declaration of Human Rights, namely by providing protection in the form of protection of the right to life, the rights to freedom, and the right to personal security, and others that are regulated in international legal instruments. 2) Serious human rights violations committed by the government of Xinjiang, China are not justified by international law because they violate the provisions stipulated in the subsequent Universal Declaration of Human Rights for the incidents of human rights violations, so the settlement of disputes between the two parties is carried out by negotiation or mediation. first. If this method is not effective, the UN Security Council can submit the case to an international court such as the International Criminal Court as regulated in article 1 of the 1998 Rome Statute.

The Role of Parents in Optimizing Gadgets for Childrens Learning During the COVID-19 Pandemic

The purpose of this research is to respect the legal protection of ethnic Uighur women in Xinjiang, China from the perspective of International Human Rights and to find out and study the resolution of cases of serious international human rights violations against ethnic Uighur women in Xinjiang, China. Legal protection for women of Uighur ethnicity is based on articles 3,4,5,9,10,11, the Universal Declaration of Human Rights, namely by providing protection in the form of protection of the right to life, the rights to freedom, and the right to personal security, and others that are regulated in international legal instruments. 2) Serious human rights violations committed by the government of Xinjiang, China are not justified by international law because they violate the provisions stipulated in the subsequent Universal Declaration of Human Rights for the incidents of human rights violations, so the settlement of disputes between the two parties is carried out by negotiation or mediation. If this method is not effective, the UN Security Council can submit the case to an international court such as the International Criminal Court as regulated in article 1 of the 1998 Rome Statute.

Ketahanan Pangan Masyarakat Adat Sebagai Wujud Pemenuhan Ham Dalam Masa Pandemi Covid-19

This study aims to analyze and determine the food security of indigenous peoples during the Covid 19 pandemic and the legal implications of food security for indigenous peoples that were not fulfilled during the Covid 19 pandemic. This type of juridical normative research uses literature review based on theory, doctrine and norms laws relating to the issues discussed. This research is an explanatory analytical prescriptive by explaining the problems raised based on legal provisions, norms and theories and then analyzed qualitatively. In the end, we will draw a conclusion as an answer to the problems discussed. Based on the results of research on food security, indigenous peoples have been greatly affected by the COVID-19 pandemic. Moreover, the lands and territories of indigenous peoples have been under the control of companies exploiting their natural resources. Of course this will further exacerbate their rights to food needs. In international and national legal instruments, the State's responsibility to protect and fulfill their right to food has been formulated. The solutions to the various situations and conditions that hinder the implementation of State responsibility must be resolved. If the State does not immediately carry out its responsibilities related to basic rights such as the right to food, then the State will be deemed to have committed a violation and according to international law can be prosecuted.