International Legal Practice Research Articles

Transitional justice and terrorism: socio-legal reflections on the problem of trials, perpetrator responsibility and accountability

Scholars have only recently begun to link transitional justice frameworks to legal settlements after terror. In the wake of Anders Breivik’s 2011 attacks, Norway has witnessed a series of terror and mass violence events, each followed by extensive legal proceedings. These include the 2019 mosque attack, the 2021 Kongsberg killings, and the 2022 Islamist attack during Oslo Pride week. This article examines these trials as a societal, ongoing process. This research contributes to the field of transitional justice by examining how legal systems grapple with the aftermath of terror in the absence of clear-cut criminal narratives. Focus is given to how we can expand our understanding of the meaning of legal accountability in terror contexts. The central contribution of the article is to problematise the relationship between terror trials as vehicles for perpetrator responsibility, and justice and healing. Starting from the mental health narratives surrounding all the perpetrators, the article suggests that there is a tension between holding terrorists accountable and defining them as patients. To contribute to alternative ways of construing legal accountability, the article puts forward examples of how accountability for terror is being navigated and negotiated in bureaucratic, political, and international legal discourse and practice. The article is part of a special issue honouring the contributions of the late Professor Thomas Mathiesen.

International legal standards and practices of European countries in combating domestic and gender-based violence

The relevance of this study lies in the need to improve the legal mechanisms for combating gender-based violence against the background of the increasing number of military conflicts in the world, which create favourable conditions for the latter. The purpose of this study was to analyse the regulatory provisions of international legislation and the practices of certain European countries in preventing manifestations of hatred based on sex and gender and combating domestic violence through criminal law measures. It was stated that legal standards defined by the regulations of international organisations, international treaties, and conventions underlie national and regional standards for combating domestic and gender-based violence. International legal principles of gender equality are defined by the regulatory framework of the United Nations, the Council of Europe, the European Union, and the Organisation for Security and Cooperation in Europe, and other global and European organisations. Human rights provisions recognised by the member states of these organisations through bilateral and multilateral treaties and implemented through ratification are the basis for the formation of national internal standards of the rights of women, children, and persons of all genders. The study concluded that national standards for guaranteeing and protecting human rights in the field of gender equality constitute an implementation of international standards and pan-European provisions, and their implementation in Ukrainian legislation can ensure sufficiently complete and effective implementation of legal measures to combat domestic and gender-based violence. The ideas formulated in this study are aimed at finding more effective criminal law means in lawmaking and law enforcement activities

Introduction to the First Issue of 2024

Dear Readers,We proudly present the First Issue of the International Journal of Law in Changing World -IJLCW. We are delighted that this Issue is an example of international knowledge exchange. Authors worldwide presented their papers on current legal problems in Egypt, Indonesia, Hungary,and India. Our authors gave the Journal the honor of publishing highly relevant research papers devoted to different aspects of law and regulations that the modern world faces. This Issue presents the paper "Issues in Terms of Employment and Social Security in the Mirror of Industry 4.0". Professor Gabor Mélypataki (Hungary) explores the influence of digitalization and industry 4.0 on the employment and social security.The following paper is entitled "A Multi-Dimensional Approach to Impose Universal Jurisdiction in International Legal Practice" by Abdalla Abdelkarim (Egypt). Considering the international legal practice, author provides insights into the use of multi-dimensional approach to impose universal jurisdiction."Exploring The Essence of Indonesian Securities-Based Crowdfunding" by Nanin Koeswidi Astuti, Suhariningsih, Sukarmi, Siti Hamidah (Indonesia) devoted to identifying the peculiarities and legal nature of Securities-Based Crowdfunding in Indonesia.The paper "Legislative Gaps In The Collection Of Alimony For Minor Children" by Alexander Viktorovich Markovsky (Russia) refers to the legal and other issues related to collection of alimony for minor children. "Legal Protection for User Students e-Money as aNon-Cash Payment Tool In The Islamic Boarding School Environment" by Moh. Wahyu Al Waris, Dominikus Rato, Muarafa Nur Afif studies issues and peculiarities of protection of electronic money of the students in Islamic countries. The paper "Integration of the crisis rules created by COVID 19 into the European Common Agricultural Policy and Hungarian agricultural legislation" by István Olajos and Szilárd Pálfai (Hungary) aims to demonstrate how crisis rules caused by pandemic were integrated to agrarian law of Hungary.The Journal also contains the paper "Goodbye to Afghans: What is the Promise of Human Rights to Human RightslessnessAfghan Migrants in Pakistan?" written by Sayed Qudrat Hashimy (India), which analyses the situation in Afghanistan in the context of human rights. We truly hope you will find this Issue valuable and informative because that is the mission of the Journal –to find solutions to crucial legal issues that arise from the forever-changing world.We want to thank our authors, reviewers and editorial team members for their excellent job, support, and efforts to make the Second Issue possible. We hope the Journal can inspire academics and researchers to keep expanding their horizons and reducing the research distance between countries.Sincerely yoursEditors-in-Chief Elizaveta Gromova and Daniel Brantes Ferreira

A MULTI-DIMENSIONAL APPROACH TO IMPOSE UNIVERSAL JURISDICTION IN INTERNATIONAL LEGAL PRACTICE

The study introduces a multidimensional solution to impose universal jurisdiction by utilizing firm concepts in international law to enhance the functionality of this principle in international legal practice. Initially, it explores the current ‎classification of the principle of universal jurisdiction in international law to ‎determine its latest status quo. It is prominent to introduce a comprehensive presentation of the ‎structure of universal jurisdiction and its relevant concepts in international ‎law by ‎reviewing international jurisprudence on this principle. Thus, the study reviews its evolution in international legal instruments and how ‎international courts utilise them. In addition, the research analyzes the UN ‎relevant resolutions on universal jurisdiction to draw a global portrait of its ‎legal status in international law.‎ Because of the cosmopolitan humanitarian ends of universal jurisdiction, the research suggests employing the concept of humanness to justify imposing it. In addition, these ends, and the purpose of enhancing international justice, drive the study to introduce the theory of the responsibility to protect (R2P) to justify the utilization of domestic legal rules extra-territorially. Nevertheless, this utilisation might trigger the question of national judiciaries’ independence. The research analyzes this problem to establish the required foundations to strike a balance between the independence of national judiciaries and imposing universal jurisdiction to secure justice.

Regarding the relevance of banning regular parliamentary elections in Ukraine during martial law

The article is devoted to the controversial issue in Ukraine of the legislative ban on regular parliamentary elections during the period of the special legal regime of martial law. The content of this discussion is disclosed. In order to confirm or refute the hypothesis about the fallacy of the legislative ban on holding regular parliamentary elections in Ukraine under martial law, the international experience of the COVID-19 pandemic was studied. This is a new international experience for this discussion. It was found out that in the conditions of an emergency situation of threats to the lives of citizens during this global epidemic, the states did not prohibit the holding of elections, but on the contrary, held these elections or postponed the date of these elections, postponed the holding of these elections, etc. From which it was concluded that in international legal practice, the concept of banning elections and the concept of postponement of elections are not the same: a legislative ban on elections is a legislative ban on elections, and the postponement of the planned election date is not a legislative ban on elections. In view of this conclusion, clarification of the subject of this discussion is proposed. It is noted that this discussion is currently being conducted between whether or not the Constitution of Ukraine prohibits the holding of regular parliamentary elections under martial law. And from the point of view of the experience of the pandemic-2020, this discussion should be legally accurate between the banning of these elections and the postponement of these elections in the Constitution of Ukraine. The importance of this clarification for the resolution of this debate, as well as for the legislative provision of the future post-war parliamentary elections, is emphasized. A significant difference in the legislative support for these upcoming parliamentary elections was revealed, depending on whether the regular parliamentary elections were prohibited by the Constitution of Ukraine during martial law, or not prohibited, but postponed. Each of these options has been analyzed. It has been clarified that in the event of the postponement of the regular parliamentary elections during the period of martial law, the future first post-war parliamentary elections will be the same regular elections of the Verkhovna Rada of Ukraine of the tenth convocation, which should have been held on October 29, 2023. And in the case of a ban on holding these elections under during martial law, there is legal uncertainty regarding the type of these first parliamentary elections after martial law: they will be neither regular nor extraordinary, but they will be unknown. As a conclusion, the importance of continuing this debate around the newly refined dilemma between the banning of these elections and the postponement of these elections is stated. The importance of continuing to study relevant international experience is especially emphasized.

Examining the international political and legal accountability of states for genocide, ecocide, and weapons of mass destruction: current norms, practices, and political implications

The article reveals the international framework of political and legal liability of states for committing acts of genocide, ecocide, and using weapons of mass destruction. It is emphasized that these areas form a separate legal responsibility institution within international law. The author emphasizes the lack of unity between theoretical and practical aspects of legal regulation of using weapons of mass destruction, as well as the role that liability plays in the progressive development of law. The paper also highlights topical issues related to the paradigm shifts in modern international law due to the cases of genocide, ecocide, and WMD. The study aims to analyze international legal norms and practices of holding states accountable for the crimes of genocide, ecocide, and use of weapons of mass destruction. The following methods were employed in the course of this research: systemic, comparative legal, historical and legal, structural and functional, and generalization. The article emphasizes that most international crimes are committed with the support or under the control of collective entities, especially states. Nevertheless, international law has tended to impose responsibility for such crimes not only on certain people but also on states. The predominant response of the international community to international crimes was to impose responsibility on specific persons to the extent that it has been directed through international responsibility law. In this regard, it has been symbolized by prosecuting particular criminals through international criminal courts and tribunals.

A scaffolded speaking and writing ELP course for commercial lawyers: An action research case study from an undergraduate law school in Istanbul

The author used action research to implement significant changes to an English for Specific Legal Purposes (ELP) course at a private university in Istanbul to meet the professional discourse needs of Turkish law students. The previous syllabus was focused on American Supreme Court case reports; however most of the students would mainly use English to advise on contracts in commercial law practice. Content and language integrated learning (CLIL) and genre analytical methodologies were used to develop pedagogy for the new syllabus, which was scaffolded so that students began learning the functional organization and lexico-grammatical properties of a contract before participating in an oral advice role play activity and writing a letter of advice about it to a hypothetical client. In conjunction with discussion of the pedagogical rationales for syllabus design and instructional activities, observations of student participation in the oral advice activity and feedback on a student example of the letter assessment are presented to critically reflect on the utility of this ELP course designed to help undergraduate law students to discursively function as lawyers, especially those learners from non-English speaking backgrounds, who need to communicate in English as the primary lingua franca for international legal practice.

THE EMERGENCE OF THE ADMINISTRATIVE JUDICIARY: AN APPLIED STUDY COMPARING THE SIMILARITIES AND DIFFERENCES BETWEEN QATAR AND BRITAIN

Objective: This study aims to analyze and compare the emergence of administrative judiciary systems in Qatar and Britain. The administrative judiciary plays a crucial role in ensuring the rule of law and protecting citizens' rights in modern legal systems. By examining the similarities and differences between these two countries, this study seeks to shed light on the factors that have influenced the development and implementation of administrative judiciary systems.
 
 Method: The research methodology employed in this study includes a comprehensive literature review, analysis of legal frameworks, and comparative analysis. The study explores the historical background and legal traditions of both Qatar and Britain to understand the contextual factors that have shaped their administrative judiciary systems.
 
 Result: The findings of this study reveal to: both countries have legal frameworks and court structures in place to regulate administrative matters. Second, they differ in their legal foundations, with Qatar following a civil law system and the United Kingdom adhering to common law principles. Third, the scope of judicial review varies, with Qatar focusing on legality and procedural fairness, while the United Kingdom has a broader scope that includes the merits and reasonableness of administrative decisions. Furthermore, the study identifies key factors that have influenced the emergence of administrative judiciary systems in these countries. The study also highlights the impact of international legal norms and practices on the development of administrative judiciary systems. The findings of this study can inform policymakers and legal practitioners in their efforts to strengthen and improve administrative judiciary systems.

“Kosovo precedent” or “Kosovo deadlock”?

The article provides a thorough analysis of the “Kosovo” international regional confl ict. Based on UN documentary materials, the author analyzes the historical origins of the Kosovo crisis, compares the positions of the parties in its settlement and traces the dynamics of development and prospects for resolving the Kosovo confl ict. This, according to the author, allows us to reveal the essence and identify the consequences of the so-called “Kosovo precedent” in international legal practice from a historical point of view. The author reveals the nature and character of the protracted “Kosovo” confl ict, which carries within itself the distinctive features and characteristics of both international and domestic political types. The author fi nds out the reasons why the Kosovo confl ict periodically escalates. The author proves why the temporary localization of the Kosovo confl ict did not contribute to its fi nal settlement, even with the participation of the United Nations. As a result, Kosovo is still a partially recognized state entity, but the method and consequences of resolving the “Kosovo” crisis have become a precedent for resolving other crisis situations in the world. But has the correct way out of the deadlock been found?

Comparative analysis of international legal regulation and practice of foreign countries in providing access to information: integration of regulatory and practical approaches

The article presents a comparative analysis of the international legal regulations and practices of foreign countries regarding access to information. Its aim is to explore how normative and practical approaches combine in guaranteeing access rights both internationally and across different nations. Key areas of analysis include regulations, their application in practice, and mechanisms for monitoring the implementation of such norms.This work is of great scientific and practical significance, helping us to gain a greater understanding of differences and similarities in approaches taken towards regulating access to information. This can serve as the basis for developing recommendations to strengthen legislation in this area. Comparative analysis, legal dogmatics, and analysis of law enforcement practice were utilized during this research project.The main findings demonstrate that, despite global standards, implementation of accessing information varies considerably according to national context. As a result, our findings highlight the necessity of considering international experience when developing national regulatory frameworks and practices.This study offers a great value by offering a systematic analysis of international and national regulatory and practical mechanisms in relation to access to information. Furthermore, its practical significance lies in being used by regulators and practitioners across different nations in improving access to information rules and practices.

Constructing Kurdish Statehood in Northern Iraq: The Primacy of Traditional Statecraft over International Law

ABSTRACT: This paper analyses the long-running debate between the oft-opposed international legal/political doctrines of self-determination (maintained by the Kurds) and territorial integrity (advocated by Iraq, Turkey, Iran, and Syria) to conclude that the latter trumps the former. The author examines international legal practice regarding the UN, the Helsinki Final Act of 1975, various ICJ decisions regarding former Yugoslavia and Africa, the international legal doctrines of sovereignty, succession and uti possidetis, among others, to reach this conclusion. However, there is nothing in international law that prohibits successful secession as the cases of Eritrea and Kosovo, among others, illustrate. Nevertheless, either the secession must be won in war or accepted peacefully by the original mother state. Neither has occurred in the case of the Kurds. Remedial secession and internal self-determination also offer more flexible interpretations of the applicability of self-determination, but do not constitute international law or detract in any way from the conclusion that territorial integrity takes precedence over self-determination. Thus, international law only plays a secondary role in attempts to solve the Kurdish predicament. Traditional power politics remains the primary solution to the Kurdish predicament. However, by successfully building rudimentary state institutions, the KRG has managed to stake a claim to autonomy and even nascent statehood.

Responsibility for Terrorism under Ukrainian Criminal Law: Problems and Prospects for the Normative Legal Regulation of the Future

This article focused on a detailed analysis of the Ukrainian Criminal Code, revealing its fundamental provisions related to terrorist acts, their objective components, and the associated legal responsibilities. The study aimed contributing to a deeper understanding of the country's approach to addressing terrorism-related challenges through the analysis of the criminal liability for such crimes in Ukraine. Criminal law's pivotal role addressing terrorism were highlighted in the study, emphasising Ukraine's focus on socially dangerous acts as criminal offenses. Strong emphasis placed on objective and subjective aspects of these offenses. The article delved into terrorist acts' unique nature, achieving intimidation through dangerous actions threatening life, harm, or property damage. The legislation defines a terrorist act as actively perpetrated, including using weapons, explosives, arson, or other threats to life, health, or property. Countering the terrorism's effectiveness explored through communication impact, socio-political factors, legal implementation, and individual/network security concerns. The applied research methodology involved legislative analysis, case studies of terrorism-related offenses, and a comparative examination of international legal practices, enabling a comprehensive assessment of Ukraine's legal approach to counterterrorism. As a result, this study illuminated the multifaceted nature of countering terrorism within the Ukrainian legal framework. It underscored the central role played by the objective elements of terrorist acts, highlighted the interplay between criminal law and political security, and underscored the wide array of counterterrorism measures aimed at safeguarding societal interests. Ukraine's counter-terrorism legal framework is based on specialised legislation and the Criminal Code, which criminalises a wide range of terrorist activities and related offenses. This includes acts like using weapons or explosives to endanger life and property to instil fear or influence government, as well as planning, financing, or supporting such acts, with the perpetrator's direct intent being a key requirement for criminal liability.

Defensive relativism: The use of cultural relativism in international legal practice

Defensive relativism: The use of cultural relativism in international legal practice

Lawful resctriction of the right to freedom of movement: international legal standards and practice of the European court of human rights

The article is devoted to the analysis of currentissues of restriction of the right to freedom of movement. The right to freedom of movement is one of the fundamental human rights in a democratic society and, accordingly, an integral part of the international human rights protection mechanism. At the same time, the right to freedom of movement is not absolute and is accompanied by certain restrictions necessary to ensure the realization of the rights, freedoms and interests of other people, the interests of the state and society. The author analyzed the provisions of international legal acts that enshrine the right to freedom of movement, in particular, the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the American Convention on Human Rights (1969), the African Charter on Human and People’s Rights (1981), the International Convention on the Elimination of All Forms of Racial Discrimination (1965) and Protocol No. 4 to the Convention on the Protection of Human Rights and Fundamental Freedoms. The guarantees provided for in the above-mentioned acts and permissible cases of restriction of the right to freedom of movement were analyzed, as well as the criteria for compliance with which such a restriction would be considered legitimate were identified: legality; existence of a goal; necessity. The author has researched the approaches of the UN Human Rights Committee and the European Court of Human Rights to the understanding and interpretation of the mentioned criteria. Based on the analysis of the practice of the European Court of Human Rights on issues of verification of the legality of restrictions on the right to freedom of movement, it is substantiated that interference with the right to freedom of movement will be admissible if it is carried out only on the basis of the law, necessary in a democratic society with a legitimate aim (to protect state security , public order, health or morality of the population or the rights and freedoms of other persons, etc.), the interpretation of each of these requirements by the European Court of Human Rights is given, conclusions are drawn regarding the need to take them into account in national law-making and law-enforcement practice.

Overview of the Mechanisms for Providing Personal Protective Equipment in World Practice

The paper considers a comparative analysis of the legal acts of providing workers with personal protective equipment of the European Union, the USA, Canada, the Russian Federation and other countries to justify the transition from the «list» approach to the issuance of personal protective equipment to the one used in international practice. Currently, the Republic of Kazakhstan uses a strictly regulated approach to the issuance of personal protective equipment based on established standards. The conditions of mass infection during the pandemic showed the ineffectiveness of the applied regulatory approach, without taking into account the nature of the risk. Therefore, in this direction there is a need for scientific substantiation of new approaches, taking into account the professional risk of the employee. During the review of international and domestic legal norms, key points of differences were identified, namely the use of a risk-based approach as the most modern and in line with modern trends and realities in ensuring the safe work of workers. Establishing a clear link with the results of occupational risk assessment will ensure the risk-oriented mechanisms for issuing personal protective equipment and training in safe work methods, which are modern measures of safe work in accordance with international legal practice. The article presents the results of scientific research obtained during the implementation of the scientific and technical program on the topic: «Risk-oriented organizational and economic mechanisms for ensuring safe work in the conditions of modern Kazakhstan» (IRN OR11865833-OT-21) within the framework of program-targeted funding of research of the Republican Research Institute for Labor Protection of the Ministry of Labor and Social Protection of the Republic of Kazakhstan.

The ‘imbroglio’ of ecocide: A political economic analysis

Abstract In this article we adopt a political economic lens to analyse the revival of the concept of ecocide in present international legal scholarship and practice. The current campaign to codify the crime of ecocide under international criminal law represents the epitome of a problem-solving approach, which conceives of the law as external to society and as a corrective to its evils. Yet, a large body of critical literature has drawn attention to the constitutive role of international law and to the problems with its depoliticized approach when it comes to tackling global injustices. We build upon this diverse scholarship to illuminate how the technical, acontextual, and ahistorical legal debate on the codification of ecocide ends up normalizing the violent structures of extractive capitalism and its hierarchies. Further, we situate the proposed crime within the wider context of how international law regulates and constitutes the natural world. Drawing on critiques of sustainable development and of business and human rights discourse, we argue that the ‘imbroglio’ of ecocide, in its current legal definition, lies in presenting ecological preservation and devastation as simultaneously legitimate aims. The article ultimately raises the question of the role of international law in progressive political agendas, a question that could not be more pressing in times of entangled socio-ecological-economic disruptions.

International Law Rejects Immunity for International Crimes — Full Stop

Abstract As far back as 1994, Sir Arthur Watts QC, a pre-eminent international jurist of his time, put the matter of head of state immunity for international crimes in these unequivocal terms: ‘It can no longer be doubted that as a matter of general customary international law a Head of State will personally be liable to be called to account if there is sufficient evidence that he authorized or perpetrated such serious international crimes.’ Most senior jurists of Watt’s ilk who opined on the matter came to a similar conclusion. Yet, some concerning recent academic commentary wrongly suggests that there remains doubt around the question. For example, the Advisory Committee on Public International Law (CAVV), an academic thinktank that advises the Dutch government, suggested in its report on the accountability of President Putin that ‘in international legal practice, there is no clear-cut answer to the question of whether there is an exception to functional immunity for international crimes, including the crime of aggression’. This article uses the CAVV recommendation as a case study in certain mistakes and confusions that have long plagued the discourse on the immunity of state officials, especially heads of state, accused or suspected of international crimes.

Lawful resctriction of the right to freedom of movement: international legal standards and practice of the European court of human rights

The article is devoted to the analysis of currentissues of restriction of the right to freedom of movement. The right to freedom of movement is one of the fundamental human rights in a democratic society and, accordingly, an integral part of the international human rights protection mechanism. At the same time, the right to freedom of movement is not absolute and is accompanied by certain restrictions necessary to ensure the realization of the rights, freedoms and interests of other people, the interests of the state and society. The author analyzed the provisions of international legal acts that enshrine the right to freedom of movement, in particular, the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the American Convention on Human Rights (1969), the African Charter on Human and People’s Rights (1981), the International Convention on the Elimination of All Forms of Racial Discrimination (1965) and Protocol No. 4 to the Convention on the Protection of Human Rights and Fundamental Freedoms. The guarantees provided for in the above-mentioned acts and permissible cases of restriction of the right to freedom of movement were analyzed, as well as the criteria for compliance with which such a restriction would be considered legitimate were identified: legality; existence of a goal; necessity. The author has researched the approaches of the UN Human Rights Committee and the European Court of Human Rights to the understanding and interpretation of the mentioned criteria. Based on the analysis of the practice of the European Court of Human Rights on issues of verification of the legality of restrictions on the right to freedom of movement, it is substantiated that interference with the right to freedom of movement will be admissible if it is carried out only on the basis of the law, necessary in a democratic society with a legitimate aim (to protect state security , public order, health or morality of the population or the rights and freedoms of other persons, etc.), the interpretation of each of these requirements by the European Court of Human Rights is given, conclusions are drawn regarding the need to take them into account in national law- making and law-enforcement practice.

Addressing Gender-Based Violence: Comparative Analysis of International Legal Frameworks and Practices

Gender-based violence (GBV) is a global issue that violates human rights and impedes social development. This research paper presents a comparative analysis of the international legal framework and practices relating to GBV in Indonesia. Through a qualitative research approach, including document analysis, comparative legal analysis, and case studies, this research explores the alignment of Indonesia's legal framework with international standards and examines initiatives and practices implemented in Indonesia to address GBV. The research identifies gaps, challenges, and potential solutions, providing insights for policymakers, practitioners, and advocates working to combat gender-based violence in Indonesia and other similar contexts.

Transgender persons in prison review of international legal standards and practice

Transgender persons in prison review of international legal standards and practice