International Legal Principles Research Articles

International Law Review Of Space Debris Mitigation Efforts

Space debris has become an increasingly pressing issue in space exploration and utilization. This article conducts a comprehensive review of aspects of international law relating to space debris mitigation efforts. This research analyzes existing legal frameworks, including relevant multilateral treaties and international legal principles related to the space environment. With a focus on the principles of shared responsibility and avoidance of damage to the space environment, the study identifies key challenges in managing space junk and reducing the risk of collisions in earth orbit. An in-depth analysis of the role of national space agencies and international organizations in implementing mitigation measures was also carried out. In the context of international cooperation, this article evaluates existing collaborative efforts and proposes new measures to improve the effectiveness of space debris mitigation. A better understanding of legal responsibility and burden-sharing in addressing these issues became a central point in the study. By analyzing recent developments in space law and international environmental regulations, this article provides insight into the direction the global community might take in addressing future space debris mitigation challenges. It is hoped that this research can provide guidance for policymakers, academics, and legal practitioners in their efforts to maintain a clean and sustainable space environment.

The Role of UNCLOS 1982 in Maintaining and Protecting the International Marine Environment

The disposal of nuclear waste in the Sea of Japan is a complex and controversial issue where it involves aspects of international law and the international environment. Japan, as one of the largest nuclear waste-producing countries, has faced pressure to manage that waste in a way that complies with international legal principles and environmental norms. International law, such as the United Nations Convention on the Law of the Sea (UNCLOS), provides a framework for the management of marine resources, including waste disposal issues. However, the lack of clarity in international regulations regarding nuclear waste creates challenges in determining the limits of state responsibility and obligations. From an international environmental perspective, nuclear waste disposal can have long-term detrimental impacts on marine ecosystems and human health. Sustainability and sustainability of marine ecology must be a primary consideration in decisions regarding nuclear waste disposal. Meanwhile, various international conventions and agreements such as the Espoo Convention and the Aarhus Convention emphasize the importance of public participation in environmental decision-making. Therefore, the involvement of civil society in the decision process regarding the disposal of nuclear waste in the Sea of Japan is essential to ensure representation of public interests and concerns. This research aims to find out and analyze Japan's actions in dumping nuclear waste into the Pacific Ocean. The problem formulation in this research is: what is the role of UNCLOS 1982 in maintaining and protecting the international marine environment? This research was written using the normative juridical research type, which includes examining legal conflicts, legal vacancies, or vague norms.

Current Approaches to Improving Consensus Decision-Making Mechanisms in International Regional Organizations

This study is aimed to study a key element of the activity of any international organization — the problem of consensus decision-making and the corresponding practice of solving it both in integration bodies (Eurasian Economic Union, European Union) and in interstate organizations devoid of a supranational component (Shanghai Cooperation Organization, North Atlantic Treaty Organization treaty, Collective Security Treaty Organization).Aim. Identify current approaches to improving the application of the rule of consensus in interstate (intergovernmental) structures and their bodies.Tasks. Investigate and generalize the practice of consensus decision-making within the international regional organizations, highlight actual ways to increase the efficiency of their decision-making mechanisms.Methods. The study used general scientific methodology. The comparative analysis method is used to compare existing decision-making practices. Analysis, synthesis, generalization, as well as the formal logical method were used to formulate the conclusions of the work.Results. The collective decision-making based on consensus follows from the international legal principle par in parem non habet imperium. It emphasizes the equality of all participants in an international organization and excludes the imposition of obligations non-approved by a sovereign state. From this point of view, consensus is a way to strengthen unity and achieve organizational stability. Simultaneously the practice of using this form in various international organizations gives evidence to its low efficiency in decision-making. Achieving consensus requires intensive efforts to coordinate the positions of the parties, and the emergence of “one-vote veto” situations cannot be ruled out. A possible way to increase the efficiency of decision-making within the framework of integration processes (EU, EAEU) lies through the development of supranational mechanisms.Conclusions. Analysis of the practice of functioning of international regional organizations (SCO, NATO, CSTO) allows to identify two approaches aimed at overcoming the negative features of consensus decision-making. The first involves the development of an international organization with formal obligations of members into a community associated with the establishment of a set of shared values among its participants. The second presumes the creation of mechanisms that allow interested states to use the institutions of such a structure to make collective decisions without a not-participating state. Both approaches do not exclude but complement each other.

International Legal Principles for Establishing the Jurisdiction of States in Cyberspace

International Legal Principles for Establishing the Jurisdiction of States in Cyberspace

Examining gender representation and pathways to equality within the Eurasian Economic Union's regulatory bodies

This article aims at examining gender representation within the Eurasian Economic Union’s regulatory bodies - the Eurasian Economic Commission and the Court of the Eurasian Economic Union (here-and-after – Commission and Court, respectively). While the Eurasian Union (EAEU) encourages economic cooperation among its member states, quite limited study has been performed since 2015 to investigate gender inclusion within its regulatory structures. As a result, the primary goal of this article is to assess the existing state of gender parity across these institutions and make recommendations to attain more balance. The study will look into the Commission and Court's current gender representation, including how many women occupy leadership roles and are members. Furthermore, it will investigate whether there are any existing policies or initiatives to promote gender equality inside the EAEU's regulatory framework. Generally, examining gender representation in the Union's regulatory bodies will help to gain a better picture of the EAEU's commitment to international legal principles.

International Legal Framework for the Protection of Cultural Objects

Introduction. For thousands of years, historical and cultural monuments have been damaged or destroyed as a result of armed conflicts and acts of vandalism. Given the role that these sites play in the development of humanity, international humanitarian law (IHL) establishes the basis for the international legal protection of religious, cultural and scientific sites. At the beginning of the 20th century. the situation was complicated not only by the absence of a universal international treaty that would be devoted exclusively to the international legal protection of these objects, but also by an international intergovernmental organization that would develop appropriate norms and standards. These problems led to the creation in 1945 of the United Nations Educational, Scientific and Cultural Organization (UNESCO). Thanks to the activities of this specialized UN agency, as well as the activities of a number of non-governmental international organizations, it was possible to form an international legal regime for the protection of cultural property both in peacetime and during armed conflicts.As a result of changes in the strategy of conducting armed conflicts, as well as improving the methods and means of conducting them in the 21st century, cultural objects are in great danger. In this regard, the analysis of current international legal norms and principles for the protection of cultural property in the context of international humanitarian law is of particular relevance.Materials and methods. As for the materials, we were talking about legal acts, Russian and cultural information based on the cultural traditions of international law. methodological basis based on scientific methods of lysis and synthesis, comparative legal method, scientific method of delivery.Research results. The evolution of the system of international legal protection of cultural property and world cultural heritage allows us to draw a conclusion about the comprehensive level of such protection, applied both in peacetime and in armed conflicts. The international legal responsibilities of states in this area are associated, first of all, with assessing the significance of cultural objects and giving them the appropriate legal status through national legislation or inclusion in the registers of international organizations.Discussion and conclusion. At the same time, the activities of states and international organizations related to the special designation of cultural objects in armed conflicts, the training of civilian and military personnel, and taking into account the specifics of the placement and maintenance of such objects are of particular importance. The general body of knowledge and skills for the protection and protection of cultural objects is formed by UNESCO as a specialized agency of the United Nations, which strives to preserve the universal heritage as the highest achievements of art and science.

Shaping the International Law Principle of the Inviolability of the Right to Peaceful Enjoyment of Property in the Context of International Armed Conflict

The article focuses on the formation of the international law principle of the right to peaceful enjoyment of possessions in the context of an international armed conflict, given the relevance of the issue of damage and destruction of property as part of the armed aggression of the Russian Federation against the sovereignty and territorial integrity of Ukraine. The author examines the right to peaceful enjoyment of possessions through the prism of international human rights law - as such, where the right to peaceful enjoyment of possessions (property rights) has been enshrined in the international law system, and also through the prism of international humanitarian law and international criminal law - as such, which are special in relation to the right to peaceful enjoyment of possessions in the context of international armed conflict.
 The article examines the principle of inviolability of property rights at the national level, in particular, in legislative and judicial sources, and its impact on the formation of the relevant international law principle. In particular, the author analyses the philosophical development of the concepts of “sacredness” of property rights and inviolability of property rights, as well as the natural essence of this right for a person.
 The author examines in detail the rules of conventional and customary international humanitarian law on the right to peaceful enjoyment of property/property rights depending on the type of acts that may be committed against property and the type of property against which certain acts are directed in the context of an international armed conflict or legal regime of occupation. The provisions on the protection of civilian objects, as well as the non-absolute nature of the protection of property rights in international armed conflict in cases of urgent military necessity, are carefully considered. Based on this analysis, the author identifies the key fundamental provisions on the basis of which the international legal principle of the right to peaceful enjoyment of property in the context of international armed conflict is formed.

Case C-663/21, Bundesamt für Fremdenwesen und Asyl v. AA (C.J.E.U.)

On July 6, 2023, the Court of Justice of the European Union (CJEU) delivered its judgment in C-663/21 AA on a preliminary reference from the Austrian Supreme Administrative Court. The CJEU examined the international legal principle of non-refoulement and how it applies in EU law, particularly to expulsion decisions following the withdrawal of refugee status. It held that EU law “preclude[es] the adoption of a return decision in respect of a third-country national where it is established that removal of that third-country national to the intended country of destination is, by reason of the principle of non-refoulement, precluded for an indefinite period.”

Classification of international legal obligations on the rights and freedoms of convicts

In the modern science of international law and European law, insufficient attention is paid to the problem of protecting the rights and freedoms of convicts, their typology. Especially in the conditions of modern threats and challenges, there are numerous violations of various categories of the population, including the vulnerable, who are in the temporarily occupied territories. This causes the attention of scientists, as well as representatives of authorized authorities, to be drawn to certain theoretical and practical problems of protecting the rights and freedoms of convicts, their varieties, effective mechanisms of protection, restoration of violated rights.
 Therefore, the purpose of the article is to analyze the existing doctrinal sources and relevant approaches, criteria for the classification of international legal obligations on the rights and freedoms of convicts, to highlight their special varieties, effective mechanisms for the protection of the rights and freedoms of convicts.
 There are many types of international legal obligations on the rights and freedoms of convicts, as well as criteria and approaches to their classification. Along with international legal obligations, other related categories are used in the science and practice of international law – international legal mechanisms, international legal standards. Undoubtedly, they also concern the rights and freedoms of convicts, they are interacting but not identical concepts. The analyzed classification groups of international legal mechanisms, standards and obligations to ensure the rights and freedoms of convicts are based on established approaches to the typology of human rights and freedoms, existing international legal norms and principles in this field. At the same time, the penitentiary systems of specific states, including Ukraine, are characterized by specificities, features of national legislation, national penitentiary policy, institutional and other mechanisms.
 Reports of international experts and monitoring measures demonstrate certain problems in the way of fulfilling international legal obligations regarding the rights and freedoms of convicts in Ukraine. Therefore, further systematic studies of the European penitentiary concept, the best foreign practices of compliance with such obligations, decisions of the ECtHR, the strengthening of a human-centered approach in the activities of penitentiary authorities, the functioning of an effective legal system that would protect human rights and freedoms regardless of the conditions in which she stays without being discriminated against, without additional restrictions caused by the fact of isolation.

The formation of international legal principles on the prevention of the placement of weapons in outer space (1959-1979)

This research article explores the issue of the formation of international legal principles on the prevention of the placement of weapons in outer space (1959-1979). The historical prerequisites and main provisions of key international treaties related to this issue are analyzed. The gradual formation of key agreements in the context of political confrontation and mistrust between the leading space powers, which is considered in the research, was an important step in limiting and containing the arms race in outer space. The article also discusses the limitations and gaps of the main agreements of international space law and related agreements, which only partially regulate the military use of space and do not address new types of weapons and technologies that can be deployed or used in outer space for military purposes.
 The article suggests that one of the ways to strengthen the international legal framework for outer space demilitarization is the development of new international agreements that would prohibit the proliferation and use of such weapons and technologies in space, and that would protect outer space from aggressive military activities. Moreover, the article justifies the importance of the international legal regulation of the military use of outer space as a tool for preventing an arms race in outer space. It can include such issues as regulation of new types of weapons and their deployment that are not prohibited by main international agreements of international space law and ensuring the peaceful use of outer space.
 The article also presents an explanation concerning a concept of «weaponization of space», which is part of the military use of space. In this vein, it evokes the necessity of further strengthening of the international legal regulation of the discussed topic.

MORAL AND ETHICAL COMPONENT OF SCIENCE IN TIMES OF WAR

MORAL AND ETHICAL COMPONENT OF SCIENCE IN TIMES OF WAR

Victimological principles of criminal law of Ukraine: on the way to approximation of international standards

The Constitution of Ukraine unequivocally establishes human life and health as paramount societal values, placing the onus on the state to redress damages resulting from criminal acts. Article 1177 of the Civil Code of Ukraine asserts the right of victims to compensation for harm inflicted upon them due to criminal offenses. Despite this constitutional commitment, a notable gap persists in Ukrainian legislation concerning comprehensive measures for the compensation and restitution of crime victims. This lacuna necessitates the implementation of new legal measures to ensure the equitable treatment of victims within the national legal framework. The exigency of this matter is accentuated by the current hostilities in Ukraine, prompting a critical alignment of domestic legislation with pertinent international agreements. To address this void, an in-depth analysis of international and European legal principles is undertaken to derive foundational concepts for the victimological framework within Ukrainian criminal law. The examination of these external legal frameworks seeks to inform and shape domestic legislation, fostering a more just and inclusive legal landscape for victims of criminal offenses in Ukraine, particularly in the context of the nation's ongoing challenges and the imperative to harmonize with international standards. In light of the pressing need to fortify the rights and protections afforded to crime victims, the proposed legal measures aim to bridge the existing gaps in Ukrainian law. By drawing upon international and European legal principles, the objective is to establish a robust framework that not only compensates victims for harm suffered but also ensures their rights are safeguarded throughout the criminal justice process. The ongoing hostilities in Ukraine serve as a stark reminder of the urgency to fortify legal provisions that protect and compensate victims. Aligning with international standards will not only enhance the domestic legal landscape but also reinforce Ukraine's commitment to human rights and justice in the face of unprecedented challenges. As the nation strives for resilience in the midst of adversity, a comprehensive victimological framework rooted in global legal principles is crucial for building a fair and inclusive society.
 
 Keywords: victimology, the victim of a criminal offense, approximation, treatment, compensation, restitution

Як Росія порушує міжнародне право через вторгнення до України

Abstract. Since February 24, 2022, russia has engaged in full-scale aggression against Ukraine. Despite the Russian army's failure to achieve the initial goals set by the Kremlin at the beginning of the invasion, the war against Ukraine has persisted for over 600 days. Tragically, it has resulted in the loss of almost 10 thousand civilian lives (excluding data from the occupied territories) and forced approximately 8 million citizens to flee Ukraine. The author emphasizes, that russia-Ukraine war opened a Pandora’s Box, because not only will it influence the parties of the conflict, but also it will definitely reshape the world in the next decades. The article explores the ways in which the Russian government violates international law through its attacks on Ukraine. Despite russia's attempts to justify its actions under self-defense or humanitarian intervention, the analysis finds these claims unsubstantiated, categorizing Russia's actions as aggression, war crimes, and potentially genocide. A crucial aspect is the manipulation of international law by russia to legitimize its actions. The article analyzes the concept of "authoritarian international law," where dictatorial regimes exploit legal norms for self-interest. Russia's narrative, framing the invasion as a special military operation and responding to alleged genocide, clearly constitutes an abuse of international legal principles. The article outlines the repercussions for Russia, including exclusion from international bodies and substantial sanctions. Legal measures, such as the International Court of Justice's provisional measures and a UN resolution demanding compensation, indicate a collective international response to hold Russia accountable. Despite these legal responses, the article acknowledges challenges in achieving justice. Russia's likely refusal to recognize jurisdiction and potential obstacles to compensation efforts prompt the proposal of a multilateral mechanism involving states controlling frozen Russian assets.

Legal and Cultural Contexts of Parent-Teacher Interactions: School Councils in Canada

Parents and teachers interact because of their shared responsibility for the welfare of the children in their care. Research indicates that teachers value parental involvement in their students’ education. There is also evidence that parents place a great deal of trust in their children’s teachers. This interaction, with significant influence on the learning outcomes of students, occurs within a complex set of legal frameworks and cultural contexts. These include such legal considerations as international treaties on family and children’s rights, national constitutional rights, and statutory rights and responsibilities of parents, teachers, and the state. Cultural factors include issues of engagement, marginalization, and power relationships. Societal evolution has also led to changing rights, responsibilities, and expectations for parents, teachers, and students. Parent-teacher relationships have also been affected by recent government initiatives to promote parental involvement in education through the creation of school councils. This paper, based on Canadian research on parental involvement in schooling and an analysis of Canadian and international legal principles, will illustrate the interplay of these legal and cultural considerations. The intent of this paper is to encourage better understanding of the complexity within the parent-teacher relationship.

International legal principles of cooperation in the field of social security

The research deals with the issues of cooperation between states in the field of legal regulation of social security. In the context of globalization, the emergence of new social challenges, such as the coronavirus pandemic, international migration, the activities of transnational corporations, joint measures are needed to ensure that all states ensure minimum standards of social security. Issues of international legal regulation of social security are considered in relation to the Millennium Sustainable Development Goals, as well as in relation to the standards and norms established at the UN and ILO levels. International social security standards are researched and reviewed within the framework of our proposed classification. It is proposed to base the classification on social relations governed by the corresponding numbers of law. Legal measures are proposed to improve the efficiency of legal regulation of social security at the national level.

The fulfillment of reproductive rights in Ukraine: balancing the EU standards and the challenges of the war

The article discusses the importance of ensuring reproductive rights in Ukraine, particularly amidst the challenges posed by war and the need to align with EU standards. The authors emphasize the crucial role of reproduction and bioethics in protecting human life and dignity during armed conflicts. The article underscores the importance of upholding international legal principles and conventions related to reproductive rights and healthcare, including informed consent, non-discrimination, and the protection of privacy and confidentiality. Ukraine's progress towards aligning its national legislation with the EU, as part of its efforts to acquire candidate country status, is also highlighted.

REGULATORY REGULATION OF THE HEALTHCARE SYSTEM AT THE LEGISLATIVE LEVELS IN AN EMERGENCY

The article examines the problems of organizing the health care system in the Republic of Kazakhstan in the context of a pandemic of coronavirus infection and other infectious diseases. Based on general and special scientific methods, the discourse of the legal regulation of the health care system in a pandemic is presented. The coronavirus factor has exacerbated the need to legitimize the transformation of the legal regulation of public relations in a pandemic, since the current regulatory framework has demonstrated the imperfection of the legal mechanisms responsible for ensuring the regulation of health systems. The effective use of legal mechanisms depends on the level of democracy of the legislative framework based on international legal and constitutional principles. The main scientific hypotheses of the study justify the problems of the health care system that require regulatory solutions at the managerial and legislative levels in emergency situations. The legislation of the Republic of Kazakhstan on the state of emergency, on the sanitary and epidemiological well-being of the population was analyzed. It was revealed that there is no direct connection between the norms of legislation on the sanitary and epidemiological well-being of the population and the norms of legislation on the state of emergency in terms of direct indication of the possibility of applying measures and implementing the requirements of a sanitary and epidemiological nature in emergency situations. It was concluded that the decisive role of law as a universal regulator of public relations during the spread of coronavirus infection is justified; the need to use the resources of law in the prevention of pandemics in the future is justified. The national health care system of Kazakhstan, as well as the system of public administration as a whole, has demonstrated the inability to ensure a timely response to challenges and threats by creating subordinate legislation in pursuance of legislative acts has led to negative results. This circumstance is the basis for taking measures to create an effective set of measures for the legal regulation of public relations in an emergency.

The Falklands/Malvinas as an Identity Dispute: A Constructivist Analysis of the British and Argentinian Positions

ABSTRACT Why is the Falklands/Malvinas case so prominent in the Argentine political narrative? Why is it almost absent in Britain? How can Britain afford to ignore United Nations General Assembly Resolutions calling for negotiations without the risk of being ostracised by the international community? The key to understanding the dispute lies in looking beyond material factors and examining the ideas behind the actions of the two actors involved. The Falklands/Malvinas case can thus be better examined as an identity dispute; a constructivist analysis highlights how the impasse between Britain and Argentina is the result of their different perceptions of the history of the islands, the international legal principles that apply to the case and the role Britain plays in the world system. Such diverging perceptions, in turn, prevent the parties from settling the dispute.

Problems of legal regulation of the use of artificial intelligence technologies in court procedures within the framework of the ukraine-eu action plan

The article is devoted to the study of discussion issues of scientific developments in the field of legal support of the implementation of the technology of "artificial intelligence" in the judicial procedures of Ukraine on the basis of international experience and taking into account the latest changes in the legislation of Ukraine. The article deals with the main international legal principles of artificial intelligence application, their practical implementation in Ukraine, the problems of defining the main institutional categories, separating the technical aspects of the functioning of “artificial intelligence” from the legal ones and trying to determine the key factors that the legislator should consider in the development of legislation in the field of implementation of “artificial intelligence” in legal proceedings. The legal analysis of five principles of artificial intelligence functioning in legal proceedings is carried out, the development of four forms of interaction between artificial intelligence and human in legal proceedings is presented, the risks of artificial intelligence application in democratic societies are analysed. Separately, the article analyses the controversial introduction of the category of “electronic person (personality)”, expressed a position on the inadmissibility of granting the legal personality of artificial intelligence technology

Міжнародно-правова база захисту глобальної продовольчої безпеки

Ukraine is historically known as the "bread­basket of Europe and the world" due to its significant agricultural production. The issue of food insecurity in the world, caused by the russian federation as a result of the full-scale aggression against Ukraine, launched on February 24, 2022, has become a critical concern in the international stage. An environmental crisis with far-reaching repercussions for the country’s agricultural sector, together with the blocking of Ukrainian logistics lead to an increase in prices for agricultural products, as well as an increase in the risk of famine in countries dependent on Ukrainian agricultural exports. The aim of the research is to define the norms of international law regarding global food security and trade in agricultural products, which have been violated by russia in order to develop a mechanism of responsibility for these violations and compensation for the damage caused. The methods of legal analysis, historical legal and systemic analysis are applied. Analysing the repercu­ssions of the russian federation’s actions for global food security, the article examines various relevant international legal frameworks and instruments aimed at safeguarding food security and ensuring access to sufficient, safe, and nutritious sustenance for all. By assessing the impact of the russian invasion on logistics routes, trade networks, and distribution mechanisms, this article elucidates the far-reaching implications for the timely and efficient delivery of agrarian goods to international markets. Additionally, the study highlights the role of international agreements in addressing the challenges associated with disrupted logistics in the agricultural sector. This article examines the scale of environmental damage and losses inflicted on Ukraine’s agrarian landscape and scrutinizes these impacts through the prism of international legal principles.