International Legal Instruments Research Articles

Assessment the effectiveness of international legal instruments in interpreting and developing the definition of genocide

The issues of the most serious national and international crimes committed in human history and the political and legal measures taken by states to prevent their commission, as well as the question of the jus­tice system responsible for these acts have been discussed by countless authors. However, there has been no attempt to present a set of interdependent elements that make it possible to organise this topic. The validity of the proposed research is based on the opinion that has been formulated after reviewing ex­tensive documentation and supported by research already conducted, that the crime of genocide is usually committed by the ruling elite against the ruled, regardless of whether the ruling elite has the support of the majority of a given society. On the other hand, the authors of the article propose to examine the effectiveness of international legal instruments in the interpretation and development of the definition of genocide

International Legal Dynamics in Combating Cybercrime: Challenges and Opportunities for Developing Countries

The surge of cybercrime in the contemporary digital landscape presents complex challenges, requiring an international legal framework to combat the evolving threats. This article delves into the international legal dynamics surrounding the fight against cybercrime, with a specific focus on the challenges and opportunities faced by developing countries. The research employs a comprehensive analysis of existing international legal instruments, treaties, and collaborative initiatives aimed at addressing cyber threats.
 The study identifies the multifaceted challenges encountered by developing nations in effectively combating cybercrime. These challenges include the lack of harmonization in legal definitions, jurisdictional complexities, and the rapid evolution of cyber threats outpacing legal responses. Additionally, resource constraints, limited technological capabilities, and varying legal frameworks across borders further complicate the enforcement of cyber laws.
 Amidst these challenges, the research highlights opportunities for developing countries to enhance their capacities in the global fight against cybercrime. Collaboration and information-sharing mechanisms, capacity-building initiatives, and the alignment of domestic laws with international standards emerge as key opportunities. The article emphasizes the importance of fostering international cooperation to facilitate the exchange of expertise and resources, ultimately fortifying the collective response to cyber threats.
 In conclusion, the article underscores the urgent need for developing countries to navigate the intricate international legal landscape in combating cybercrime. By seizing opportunities for collaboration and capacity-building, these nations can play a proactive role in shaping a more resilient global cybersecurity framework.

Special Proceedings and Alternatives to Detention for Migrant and Refugee Children

The Author presented an analysis of the procedures and alternatives to the detention of migrating and refugee children in the Polish legal system, significantly influenced by European Union law. The Author pointed out legal solutions within the Polish legal system entangled with international law. It was emphasized that the continued use of child detention contradicts commitments made in international and regional legal instruments aimed at eliminating this practice. Detaining children can have serious negative consequences for their physical and mental health; therefore, alternatives to detention should be considered. Attention was drawn to the necessity of interpreting and applying Polish law in accordance with international human rights standards, including the principle of the best interests of the child to ensure the safety and protection of minor migrants and refugees.

Exploring Legal Aspects Related to Emerging Technologies in Tanzanian Distance Education

The emergence of new technologies in the ICT sector and their integration into Tanzanian distance education presents both opportunities and challenges for the educational field. Innovations like Artificial Intelligence, robotics, Mobile learning, e-learning, cloud computing, video-assisted learning, and Digital Content Platforms play a crucial role in improving the teaching and learning process. These technologies have not only transformed various aspects of universities, such as teaching methods, assessment procedures, administration, examination management, financial records, and timetable scheduling but have also expanded educational access, enhanced quality, and reduced costs. This abstract provides an overview of a comprehensive research study focusing on the legal aspects related to the use of emerging technologies in Tanzanian distance education. As distance education becomes increasingly popular as a means to enhance access and quality of education in Tanzania, it is essential to consider the legal dimensions associated with this transformation. While technology brings significant improvements to the education sector, it also introduces legal, security, privacy, and safety challenges that require attention and resolution. From a legal perspective, the technology involved in electronic learning (e-learning) presents specific challenges because many existing legal and policy standards in education are primarily designed for traditional brick-and-mortar classrooms and face-to-face interactions. This research aims to identify and analyze the legal issues surrounding the implementation of emerging technologies in distance education. The study utilizes doctrinal and comparative research methods to examine international legal instruments, policies, and laws from other jurisdictions. The findings indicate that the current policies and legal instruments governing emerging technologies in Tanzania do not adequately address the existing legal gaps.

Prospects And Challenges of Women's Right Against Domestic Violence Under International Law

In addition to being a violation of human rights, domestic violence against women and girls has been seen as the most extreme example of gender inequality. Due to its widespread nature, the consequences for children, families, and communities, as well as the significant economic costs to society, it has been recognized as a violation of human rights under international law. Numerous international legal instruments were adopted and ratified to assure women’s protection from domestic violence. The study looked at domestic abuse’s status as a human rights violation under these treaties. It was found that victims of domestic violence in the family now have a chance to enforce their rights because it is recognized as a violation of their human rights. However, because these tools are not legally binding, victims find it difficult to rely on them. Therefore, we are unable to coerce state compliance. As a result, it is recommended that instruments of international law have a single standard that has the legal power and is applied to all parties who violate them on a global scale.
 Keywords: Domestic violence, Family, International Law, Human Rights, Women

Politological View on Free Primary Education in the DRC

As most of the developing countries in Sub-Saharan Africa, the Democratic Republic of the Congo is known as singular about the delay in the field of education on the one hand and the free primary education on the other hand, whence the levels of education and training of its people are getting retrogressed day by day. The daily voices to decry not only the steep drop in the level of education, but also the cost of quality and effective teaching, which falls over the heads of the parents in schools, with the consequence that we are seeing the rise of illiteracy compared with the rate of population increase. For this purpose, it is not enough that the constitutional and legal provisions are of the free primary education a shot principle of international and regional legal instruments, we need to clear the State of affairs and the relationship between these provisions and the effectiveness of this free issue itself of the right to education.

Reintegration of juveniles in contact or conflict with the law in Albania

Abstract This paperwork investigates the issue of reintegration of juveniles in conflict or contact with the Law in Albania, analyzing the national and international legal instruments that have influenced the development of juveniles justice. The main principles of this system, such as the well-being of children, respect for their dignity, their right to a fair trial, and special treatment, emphasized in the Convention on the Rights of the Children have already become part of Albania’s legislation. To achieve the reintegration of children into society and prevent them from returning to further violations, the need for a friendly approach to their treatment by the justice system has been emphasized. This includes educating juveniles about their mistakes and supporting them to improve themselves in the right way. The most effective way to achieve this is to use juvenile-friendly justice systems, based on the principle of the best interest of the juvenile and avoid their isolation in criminal institutions as a last mean for rehabilitation and reintegration. The purpose of this paperwork is to address and emphasize the role of legislation, responsible bodies and the entire system in the reintegration of juveniles into society and the ways of achieving this reintegration.

The Ambiguity and Complexity of the Right to SelfDetermination: A Legal and Political Perspective

This article critically explores the ambiguity and complexity inherent in the right to self-determination from both legal and political perspectives. It discusses the concept's imprecise nature, especially in terms of its application beyond the colonial context. Adopting the doctrinal approach, this paper scrutinizes various international legal instruments, such as the United Nations Charter and Human Rights Covenants, and their interpretations that have contributed to the ongoing debates surrounding self-determination. It highlights the intersection of law and politics, exemplified in instances of secession, increased autonomy, and democratic participation. Additionally, the article addresses the controversial aspect of collective versus individual rights in the context of self-determination. Through an examination of influential cases and political events, such as the Western Sahara Case and Kosovo's declaration of independence, the article illustrates the practical challenges and consequences of applying the self-determination principle. Conclusively, the paper argues for a clearer and more precise understanding of self-determination to facilitate its effective implementation in international relations

Analisis Hukum Internasional Tentang State Sponsored Terrorism

Introduction: State is one of the subjects of international law that has the responsibility to protect the human rights of every individual within its sovereign territory. However, the facts show that there are countries that become sponsors or in other words the state provides support either directly or indirectly to terrorist groups to carry out their actions. This term is known as state sponsored terrorism which requires global attention considering that terrorism cases that occur often have links to the state.Purposes of the Research: 1. Review and discuss the regulation of State Sponsored Terrorism in International Law. 2. Review and discuss the implications for the enforcement of International Law.Methods of the Research: This study uses a normative juridical method with an analytical perspective using primary, secondary, and tertiary legal materials. This research technique is a literature study based on international legal regulations, scientific works and other literature related to state sponsored terrorism.Results of the Research: International law arrangements related to state sponsored terrorism still require special attention due to the large number of cases and indications of states being involved. Given that state sponsored terrorism is the root of various terrorism cases around the world. This shows that the international legal instruments that existed before the International Convention for the Suppression of the Financing Terrorism and United Nations Convention Against Transnational Organized Crime were considered unable to prevent and prohibit countries from sponsoring terrorists caused by the absence of the universal definition of terrorism. It is proven by international violations committed by sponsoring countries in order to fulfill their country's interests. State sponsored terrorism can also be considered as a problem for the protection of human rights. This can be seen when a sponsored terror act results in a violation of the right to life and the right to feel safe of every individual who is within the sovereign territory of the target country. The implication of state sponsored terrorism then causes overlapping jurisdictions between the International Court of Justice and the Security Council in enforcing international law so that the settlement of cases is still unclear.

Шакал (Canis aure¬us) на півночі Полісся України: виявлення у природі, статус та повільне розселення

The golden jackal continues to slowly inhabit the north of Central Polissia and to disperse. Mostly single individuals are found. The social structure of the jackal is flexible and groups of more than two individuals are found in places of food concentration. A similar situation occurred in the Ubort River valley near the Ukrainian–Belarusian border, when visual encounters of jackal family consisting of probably 3–4 animals were very frequent near the burial place of livestock corpses. In the north of Central Polissia of Ukraine, the jackal has been recorded since 2014. The species is rare here. According to the registration of tracks, this predator is found on a less forested forest ridge between the settlements of Ovruch–Velidnyky–Slovechno–Levkovychi and in the valley of the Ubort River, which is a natural corridor of the species’ northward dispersal. Given Ukraine’s course towards EU membership and the position of the Baltic countries on the jackal, our country will obviously have to take into account the special status of the jackal as a species that has expanded its range on its own. Accordingly, this predator should not be considered an invasive species. Obviously, the problem with the jackal in forested regions of north of Ukraine will be much less severe than in the south in the floodplains of large rivers. In the Polissia, in trophically rich broadleaf forests with mosaic forest cover, the jackal is likely to coexist successfully with the wolf. Interspecific relations between wolves and jackals do not take the form of direct pursuit, but rather by marking territory. It has been found that jackals respond to chemical and visual markings of wolves during dispersal and try to quickly leave areas with high wolf population density. Unlike solitary wolves in the wild, solitary jackals are able to forage for food much more efficiently and therefore have a higher chance of survival in the wild. The preconceived notion of the jackal as a problematic species may not allow for an unbiased assessment of its impact on ecosystems. In its relations with humans, the jackal in the Polissia is a less problematic species compared to wolves, foxes, or American minks. It is necessary to inform the Ukrainian public, authorities and politicians about existing international legal instruments and European experience in managing populations of carnivorous mammals, including the golden jackal.

The Protection of Fundamental Human Rights in the context of the Global Fight against Terrorism

Terrorism poses a serious threat in the world today. Although it does not affect all countries to the same extent, the international community must cooperate to develop measures to effectively eradicate this common enemy. Despite the increasing number of international treaties aimed at regulating the fight against terrorism and terrorism-related acts, terrorism continues to thrive around the world, and as a result, has a significant impact on human rights. This article examines some anti-terrorist measures at the universal level and aims to determine to what extent they may infringe upon fundamental human rights. This article also highlights the importance of fundamental human rights and the risk of them being violated in the global fight against terrorism. There is no doubt that terrorism has devastating consequences on the exercise of human rights, including the right to live, the right to liberty and the physical integrity of victims as well as the individuals suspected of committing terrorist acts. The research was conducted using primarily the dogmatic method, followed by an analysis of international legal instruments. The analysis proved that the measures taken internationally in response to terrorism-related attacks may not only violate fundamental human rights but also undermine the rule of law and hinder the protection of some basic human rights. It is important, therefore, that States find a right balance between fulfilling their two obli gations: ensuring security of their citizens and fighting terrorism.

Optimalisasi Peran Hukum Perusahaan Pelayaran Terhadap Pencegahan Pencemaran Laut Oleh Sampah Sesuai Marine Pollution (Marpol) 73/78 Annex-V Dari Kapal

Plastic waste has a serious impact on the marine environment, threatening more than 800 marine species, and can affect the food chain down to humans. The aim of this research is firstly to find out, analyze and explain issues related to strategies for preventing marine pollution from ship waste. This research is normative legal research which considers research as analysis. The data analysis technique used is through data collected from legal materials with descriptions in effective, orderly and logical sentences so as to simplify the analysis of the results of the problem formulation. Results of the research Currently, MARPOL Regulation 73/78 Annex V is an important international legal instrument to prevent marine pollution by waste from ships. This regulation prohibits the dumping of waste into the sea, except under certain conditions. In the implementation and management of waste on board ships, activities ranging from waste collection to disposal, must all be carried out in accordance with the procedures regulated in Annex V MARPOL 73/78, if If waste management is not carried out according to predetermined procedures, waste dumping will occur anywhere and wherever the ship is located so that in the future waste that is thrown carelessly can cause pollution in the sea.

Legal framework for the prevention of torture: national and international levels

The article examines the global problems of our time related to the implementation and protection of human and civil rights and freedoms in Ukraine. The authors conducted a comprehensive analysis of national legislation and international treaties that influence the implementation of human rights. It is established that the European integration path chosen by Ukraine and the desire to implement the assistance of our state in the world and European communities requires the harmonization of national legislation in accordance with the provisions of international legal acts. The article defines that the topic of prevention and avoidance of torture, as well as other cruel, inhuman or degrading treatment or punishment, is becoming relevant in the current conditions. In addition, the study focused on normative legal acts, based on which the relevant state bodies, organizations, institutions, and public formations should carry out their activities to prevent these illegal acts. In Ukraine, the problem of ensuring human rights and freedoms in the current conditions is of particular importance, because the institution of restriction of human rights and freedoms, since the military invasion of the russian federation, occupies a prominent place among other legal institutions. Examples of judicial practice of the European Court of human rights in the field of protection from torture are described and analyzed. The authors have shown that the right to prohibit torture, inhuman or degrading treatment or punishment, is a basic international standard and is recognized as a crime by the entire civilized international community. The article analyzes international legal instruments, provisions of the Constitution of Ukraine and domestic legislation for their compliance with international treaties in this aspect.

Evolving Jurisprudence of Environmental Law: A Doctrinal Analysis

This paper provides a comprehensive doctrinal analysis of the evolving landscape of environmental law, encompassing both international and national perspectives. The analysis delves into key doctrinal themes, including the precautionary principle; the polluter pays principle, and sustainable development, examining their application and interpretation in the context of contemporary environmental challenges. Drawing on a wide range of case-law, this study explores landmark environmental cases that have significantly shaped the trajectory of environmental jurisprudence. Through a comparative examination of various national approaches to environmental regulation, the paper highlights the diverse strategies adopted to address environmental issues and the challenges encountered in their implementation. Furthermore, the paper outlines the critical role played by international legal instruments in shaping national environmental laws, emphasizing the need for cohesive global efforts to combat pressing environmental concerns. The conclusion offers insights into the contemporary challenges faced by environmental law, proposing potential legal reforms and recommendations for a sustainable and effective environmental regulatory framework. This doctrinal analysis aims to contribute to the ongoing discourse on environmental law, fostering a deeper understanding of the legal mechanisms essential for preserving our planet's ecological balance and ensuring a sustainable future for generations to come.
 Thus, in the final development recognized so far, that is understanding environmental law based on ecocentric perspective where we recognize the value of every natural component, does not actually evade the idea that human beings shall pursue their interests to safeguard their present and future generations. The thesis therefore ought to analyse the different instruments which were born out of different environmental ethical considerations at different points of time. The methodology of understanding the environmental law rationales in the light of ethics is termed as —deep level enquiry. In the present context, the environmental law involves one or more than one ethical perspective. These perspectives may be anthropocentric or non- anthropocentric. When we term, environmental law to be anthropocentric, we generally link it up with human rights morals. Human rights which are understood to be inalienable to every human being has got its recognition after several years of struggle.

THE ROLE OF INTERNATIONAL ORGANISATIONS IN THE DEVELOPMENT OF INTERNATIONAL LAW: AN ANALYTICAL ASSESSMENT OF THE UNITED NATIONS

International organisations play a vital role in shaping and implementing international norms and standards, contributing to the development of international law. This paper focuses on the United Nations (UN) as a prominent international organisation and examines its role in developing and implementing international law. Specialized entities within the UN, such as the International Court of Justice (ICJ), the United Nations General Assembly (UNGA), and the International Law Commission (ILC), have played significant roles in the development, codification, and implementation of international law. The UN serves as a platform for ongoing dialogue, identifies emerging challenges, formulates international legal and policy instruments, provides mechanisms for peaceful settlement of disputes, and collaborates with other international and regional organisations. However, this paper also acknowledges the inherent challenges and shortcomings of the UN and explores proposals for UN reform to address these issues, enhance its influence, and better fulfil its overarching purpose. Through an analytical assessment of the UN’s role and influence on international law, this paper aims to provide insights into the functioning of international organisations and their impact on shaping global legal norms.

Criminalization of Childlike Sex Dolls under International and EU Law

Abstract Recent years have witnessed the emergence of a market in childlike sex dolls. Even though there is currently no empirical evidence as to whether or not the use of childlike sex dolls would prevent or encourage sexual abuse of children, more and more countries prohibit or consider prohibiting them. However, it is unclear as to where international and EU law stand in relation to these dolls. This article analyses and discusses international and EU legal instruments that might be relevant for a national ban on childlike sex dolls. First, it deals with the question whether the international and EU legal framework on child pornography and other relevant instruments provide a legal basis for prohibiting these objects. Second, it examines whether a ban on childlike sex dolls is compatible with international and EU trade law, in particular with the 1994 General Agreement on Tariffs and Trade and the Treaty on the Functioning of the European Union.

Anti-corruption Law: Exploring a Global Emerging Norm under the UN Convention Against Corruption

This article explores the emerging global norm on anti-corruption law. It starts with an analysis of three anti-corruption domestic laws, which are quite influential in the building of the framework of this emerging global norm against corruption: The US Foreign Corruption Practices Act (1977), the UK Bribery Act (2010) and the Brazilian Anti-corruption Law (2013). These instruments were not chosen randomly, as they have been important in the growing body of law on anti-corruption. Some, such as the US Foreign Corruption Practices Act, influence international legal instruments such as the UN Convention Against Corruption. Thus, this article includes an overview of the main provisions of the UN Convention Against Corruption (2005) as the framework for this global emerging norm, and it compares it with other international legal instruments such as the OECD Convention on Combating Bribery (1997) and the African Union Convention on Preventing and Combating corruption (2003). It concludes that the UN Convention Against Corruption contains the framework of the global norm on anti-corruption, but it needs to be interpreted against other relevant international instruments, such as the Forty (40) Recommendations of the Financial Action Task Force (FATF) on money laundering and the growing body of soft law in this area.

BRICS Expanding in the Light of the Principles of International Law

Introduction. Starting from January 1, 2024, Argentina3, Egypt, Ethiopia, Iran, Saudi Arabia and the United Arab Emirates should acquire membership of the alliance with the former acronym “BRICS” due to the decision adopted by its XV Summit held on August 22–24, 2023. According to one of the official acts classified as a guide for Russian National Policy in International Affairs, namely the “Concept of Russia’s Participation in BRICS”, approved by the President of the Russian Federation back in 2013, BRICS is to be deemed as a valid tool for strengthening the interstate cooperation. Taking into account other dimensions, it is necessary to develop a comprehensive strategy for cooperation between the alliance countries and define mutually agreed principles of partnership. Theoretical Basis. Methods. The research provides the analysis of the doctrinal positions of the most qualified domestic and expatriate publicists in international law, effective international treaties and international legal acts of the United Nations, official documents (declarations) of the annual BRICS summits, materials of the UN International Law Commission regarding its papers on the topic “Peremptory norms of general international law (jus cogens)”, outcome of the International Court of Justice practice as of the main judicial organ within the United Nations. In the course of performing the research, a number of general and particular scientific methods of cognition were used, including methods of systemic, structural and functional analysis, formal logic, deduction and induction, the method of comparative law, formal legal analysis and historical retrospective approach. The latter are especially productive in the study of the genesis and evolution of the concepts of “principle” in international law, “international organization”, integration, “paraorganization”, “multipolar world”, etc. Results. Both the BRICS emergence and expanding stand as direct challenge to such an international order, which proceeds from the inviolability of the existence of a single “decision-making center” (i. e., the United States and its satellites) as its core basis. In this aspect, resultant from the outcome of the XIV and XV summits held in 2022 and 2023, as well as of a new configuration of multilateralism previously initiated by China in Johannesburg (July 2018) for states that expressed ambition to cooperate with BRICS (PartNIR – “Partnership in the field of a new Industrial Revolution”), in the functioning of BRICS have been developed atypical models for involving third countries into partnership, including interaction with the countries of the region of the state chairing the group, which is carried out within the “BRICS-outreach” format. In light of the above, the study of such aspects pertaining to the theory and practice of international law as the application of the basic principles of international law and jus cogens norms to such cooperation in order to implement multilateralism, as well as the development of special principles of cooperation within the framework of BRICS should be raised to the rank of a specific subject of analysis. Discussion and Conclusion. In the course of the research, certain theses were formulated which relate to the analysis of current relationships of the “five” – Brazil, Russia, India, China and South Africa, accompanied by the assessment of the prospects for the forthcoming future in cooperation of the alliance under new formats. Thus, within the framework of BRICS, preference is given to multilateral or bilateral agreements, as opposed to the institutionalization (which involves coordinating the relationships of the involved parties by creating an international organization/institution). The identification of common features with universally widespread forms, on the one hand, and the distinctive properties of the international legal instruments used by the BRICS, on the other one, in no way deprives the analyzed segment of interstate cooperation of the “cementing” elements inherent to the entire system of international law, which include “basic principles”, “peremptory norms of general international law (jus cogens)”, as well as sectoral and special principles of legal regulation of interstate (“inter-governmental”) public relationship.

The Mechanism Of The Criminal Justice System In Indonesia Towards Women's Legal Protection

The reseach discusses the pervasive issue of sexual violence against women, particularly within the context of domestic and sexual violence. The challenges faced by victims are multifaceted, encompassing psychological conditions, dependence on perpetrators, lack of support from family and society, patriarchal stigma, biased law enforcement, and a deficient legal and social protection system. The hierarchical relationship between victims and perpetrators is deeply rooted in patriarchal social constructions, further exacerbated by discriminatory policies, such as those found in marriage laws. The research emphasizes the economic dependence of victims and societal stigmatization of women's sexuality, attributing blame to victims rather than perpetrators. Existing legal frameworks, exemplified by the Criminal Code, are deemed inadequate and necessitate reform to address various forms of violence against women. The study employs normative legal research methods, utilizing statutory and conceptual approaches, document studies, and observations. Results indicate that the criminal justice system, while having dual functions of crime containment and secondary prevention, often becomes a criminogenous factor. The discussion underscores the need for a more comprehensive and gender-sensitive legal system, drawing attention to international legal instruments and domestic regulations aimed at protecting women's rights and ensuring justice. In conclusion, the abstract advocates for a legal system that integrates gender perspectives and emphasizes the importance of an interdisciplinary approach to maximize protection against violence targeting women.

Public Debate and Artistic Expression: A Jurisprudential Analysis of Freedom of Expression in Europe And Indonesia

Objective: This research aims to critically analyze various decisions of the European Court of Human Rights and the Supreme Court of the Republic of Indonesia regarding freedom of expression in the context of public and artistic debates, which, in practice, lack a clear demarcation line to decipher the abstract theme of freedom of expression. Methodology: The author conducted an in-depth review of the court decisions and critically analyzed them, supported by various international, European, and Indonesian legal instruments. Therefore, a qualitative approach predominates in this research. Results and Conclusions: This article concludes that the abstract theme of freedom of expression inherent in human rights is determined by the knowledge and preferences of the judges, leading to a lack of consistency in their decisions. On the other hand, various international, European, and Indonesian legal instruments have guaranteed freedom of expression for every individual, but these guarantees are not always adhered to by the European Court of Human Rights and the Supreme Court of the Republic of Indonesia. Originality/value: This research contributes by identifying the issues arising from various judicial decisions, providing guidance for judges adjudicating cases related to freedom of expression. This can enrich the discourse on freedom of expression and help prevent judges from falling into the scenarios created by their predecessors.