International Legal Protection Research Articles

International Legal Protection of The Impact of State Activities In Space For Other Countries

Introduction: Remote sensing is a natural identification system method or determination of the condition of objects on the earth's surface as well as goods beneath or above it, with suggestions for observations from the air and space. The consequences that are detrimental to the country in the absence of regulation in the use of data and information from remote sensing results from satellites in the economic field are closely related to welfare issues.Purposes of the Research: The purpose of this research is to know and understand the regulation of remote sensing in international law and the impact of its use on other countries.Methods of the Research: This research is a normative study using a statutory approach with the source of legal materials used primary legal materials and secondary legal materials and tertiary legal materials with qualitative analysis with deductive and inductive methods.Results of the Research: The impact of state activities in space, in this case, remote sensing activities, is very beneficial for human life because remote sensing with satellites can cover large areas in a short time. However, on the other hand, these activities can cause a detrimental effect on the countries being sensed, or the under-country, whether in the economic, political, or state defense and security (military) fields because they are related to the sovereignty of the under-country based on international law.

Constitutional foundations of cross-border digital healthcare

The purpose of the research is to look at the issues of legal regulation of information healthcare, consider the positive experience of international legal regulation to overcome legal gaps in digital healthcare, improve the quality of life of the population and the systemic functioning of information biomedicine based on the principles of mutually beneficial cooperation between Russia and foreign countries. It examines the historical aspects and modern trends of cross-border digital healthcare in accordance with international standards, positive and negative consequences of the information biomedicine impact on basic constitutional human rights and freedoms. The research analyzes national and international legislation, the main directions of constitutional regulation of digital biomedicine and proposes to create an effective mechanism for implementing national legislation on digital healthcare, based on the positive experience of international legal regulation and protection of basic constitutional human rights in order to prevent the use of ethically unacceptable methods. The following scientific methods have been applied in the research: theoretical, historical, empirical, classification and comparative legal analysis. The study identified the urgent need for holistic approach to transnational digital healthcare, characterized by integration of law and biomedicine, and constitutional regulation of the biomedical research approbation. It is worth mentioning that the practical research activities of medical professionals and lawyers are interrelated and require constant interaction and analysis of biomedical results and their legal justification. Therefore, the function of law is to regulate the limits of human intervention in information biotechnologies, identify and exclude all possible risks of approbation of scientific research and their results in the sphere of digital healthcare. The author believes that development of information biomedicine involves interplay of various spheres of knowledge based on scientific synergy of medical, legal, and ethical aspects, integration of interrelated legal and non-legal sciences. Given the importance of integrating the constitutional foundations of cross-border digital healthcare, the author proposes to create a single extraterritorial Concept of Transnational eHealth. It is essential to consider international experience in order to ensure proper protection of human rights in the sphere of information healthcare.

ПРАВОВЕ РЕГУЛЮВАННЯ ТРУДОВОЇ МІГРАЦІЇ В ЄС

The article is devoted to the analysis of international legal acts regulating labor migration in the EU, as well as the problems of their international legal protection. It is proved that the migration policy of the EU is not only a consolidated mechanism that affects the migration processes in the conditions of integration, but also takes into account the different spectrum of interests and the sovereignty of powers of the member states, their territorial, economic and political features. In this regard, the importance of observing certain limits of legal regulation is emphasized. The main directives and other international legal acts in the field of labor migration at the EU level were analyzed. Attention is drawn to the fact that EU bodies and institutions have limited competence in the field of legal regulation of legal migration. Formation of migration policy and mechanisms of legal regulation of the specified area remains the prerogative of the member states. It is noted that since in most cases, the acts adopted at the supranational level are directives, this means that the implementation of the provisions of these acts, the methods of their interpretation and interpretation completely depend on the competent national authorities. It is also stated that the measures adopted by the European Union in the field of integration do not provide for the harmonization of national legal systems. Instead, the actions of the EU are aimed at the gradual convergence of the legal status of citizens of third countries who are legally in the territory of the EU, long-term residents, to the legal status of the countries of the European Union. It was concluded that in today's world, on the global labor market, the tendency to change the migration policy of states in the context of understanding the need for legal protection of migrant workers, the inadmissibility of excluding migrant workers from legal protection systems is increasingly noticeable. In this regard, a special role is assigned to the state migration policy, which must take into account all factors of external labor migration that affect the system of social and labor relations in the state.

Construction of a Comprehensive International Legal Protection Mechanism for Climate Refugees

Construction of a Comprehensive International Legal Protection Mechanism for Climate Refugees

The Formation and Development of the International Legal Protection of Cultural Property

The article considers the formation and evolution of the international legal protection of cultural property from ancient times to the present. The purpose of the article is to identify the prerequisites and features of each historical period in the development of international law in the context of the international legal protection of cultural property, as well as to systematize the relevant international legal acts. The authors provide their own periodization of the development of international legal protection of cultural property. It is concluded that the initial stage of codification of the international legal protection of cultural property is directly related to the development of the rules and customs of warfare.

Mental health and the law: What else is needed for particularly vulnerable contexts facing armed conflict and development obstacles?

AbstractMental disorders have high prevalence for disability and almost 80% of the global burden occurs in low- and middle-income countries. The impacts of mental health conditions can affect many sectors of society and threaten peace, human rights and development. However, international law jurisprudence has not sufficiently developed to guide mental health governance. This paper reviews the international legal protections for people who experience mental health conditions, including mental disorders and psychosocial disabilities. It focuses on State application of legal instruments in particularly vulnerable contexts, namely, least developed countries and situations of armed conflict. It argues that relying on existing treaties and soft-law instruments from the health and human rights angles is inadequate, and the Convention on the Rights of Persons with Disabilities is not the right fit. New hard- and soft-law instruments are urgently needed to meet positive obligations and safeguard rights in these vulnerable contexts. Some suggestions for the contents of future instruments are made.

The case of rWallet: A blockchain-based tool to navigate some challenges related to irregular migration

Migration (irregular and forced) represents one of the major challenges the international community faces today. Inasmuch as the phenomenon of irregular and forced migration is the marker of the state of socio-economic systems around the world, the response to and the ways of navigating the resulting multi-scalar challenges mirror not only the efficiency of the global regulatory frameworks, but also our civility. Recognizing the potential inherent in sophisticated information and communication technology (ICT), specifically the blockchain technology and smart contracts, this paper focuses on the special case of “welcome centers” that irregular migrants enter in the hope of acquiring international legal protection and thus refugee status. Since the process may be time-consuming and the living conditions undignified, this paper proposes a tool, named here “responsible wallet”, aka rWallet, that bears the promise of navigating some of these challenges. rWallet derives from the recognition that in modern societies ICT should serve the purpose of improving the quality of life of all people.

International Legal Protection of the Rights of the Elderly

Objectives: This study aims to show the international mechanisms for protecting the legal rights of the elderly, who are the elderly in international law, what are the rights of the elderly concerning the international conventions and United Nations declarations, and the extent to which international legal texts are mandatory in the face of Member States and United Nations mechanisms in maintaining those rules. Methods: The study adopted the descriptive and analytical approach to the analysis of international texts and outputs issued by various international forums concerning older people. Results: This study has reached several results that the international efforts made in the field of the elderly rights do not level up to a high level and that the international conferences and meetings related to this subject are very few and that most of the rights have been secondarily stipulated in conferences and meetings that are not specialized in the rights of the elderly. Conclusions: This study concluded with a set of recommendations that the rights of the elderly are constantly improving, but they are not within the expectations. The international community must develop a basic model law to be circulated to different countries or to benefit from to strengthen the rights of the elderly within countries.

Non-Conventional Trademarks: Classification and Features of International Legal Protection

The paper is devoted to the types and issues of non-conventional trademark protection. In order to understand the reasons for the emergence of such a category as a ‘non-conventional trademark’, the author studies the history of trademark development. The author examines the provisions of the main international treaties providing for trademark protection. The paper pays particular attention to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Singapore Treaty on the Law of Trademarks 2006, which is the first international treaty to explicitly extend its scope to non-conventional trademarks. The paper considers one of the main problems in the registration of non-conventional trademarks related to the form of their submission for registration. Finally, the author makes a conclusion about the need to improve international legal regulation in order to unify approaches to non-conventional trademarks and ensure non-conventional trademark protection in the world.

International Law Protection of Cross-Border Transmission of Personal Information Based on Cloud Computing and Big Data

Cross-border data flow brings new growth and opportunities for the development of digital economy, but disordered cross-border data flow may damage national security, public interests, enterprise interests, and data sovereignty. At present, the unified rules for global regulation of cross-border data flow have not yet been formed. The existing rules are mainly led by developed countries like Europe and the United States. There is huge room for improvement in the international legal protection of cross-border transmission of personal information. This paper introduces the privacy protection mechanism of personal information data under the digital trade environment in China, that is, the privacy protection framework under the background of big data, cloud computing, and the cloud service selection method of data life cycle privacy protection. At the same time, we combined with many problems existing in the cross-border transmission of personal privacy information in China and compared with foreign advanced experience, and this paper puts forward China’s response path to clarify the obligations of data controllers and exporters, improve the responsibilities of regulators, improve the legislation of cross-border data flow, and improve the operability of the law; we vigorously carry out international cooperation and actively participate in the formulation of international rules, so as to further protect the rights and interests of personal privacy information protection.

Kekerasan Seksual terhadap Perempuan dalam Konflik Bersenjata di Tigray Ethiopia dalam Kajian Hukum Internasional

Sexual violence against women is often used as a military strategy to subdue the enemy. Sexual violence against women can result in the impurity of certain ethnicities due to rape and pregnancy and the humiliation of opponents. This happened in the armed conflict in Tigray-Ethiopia in 2020. This article analyzes the international legal protection of women from sexual violence in armed conflict in Tigray. The discussion shows that the armed conflict between the Central Government of Ethiopia and the Tigray People's Liberation Front (TPLF) in 2020 can be categorized as a non-international armed conflict. The absence of preventive and repressive efforts by the two warring parties, especially the central government of Ethiopia, regarding the sexual violence against Tigray women, shows that there is no legal protection for women in armed conflicts. This violates Article 27 of the 4th Geneva Convention of 1949, Article 4 paragraph (2) letter e of Additional Protocol II of 1977, and violates the principles of non-reciprocity, military necessity, distinction, proportionality, and humanity. In addition, sexual violence against women during armed conflict is an international crime under the Rome Statute. Ethiopia is a party to the 1949 Geneva Conventions and the 1977 Additional Protocol and can therefore be held accountable.

TRAPPED BY SOVEREIGNTY

This article examines the legal contours of the international law regime as it relates to internally displaced people (IDPs) and assesses it critically. It analyzes the structural legal and humanitarian injustices from which IDPs suffer as a result of often arbitrary distinctions between them and refugees in international refugee law, international human rights law, and international humanitarian law. It explores how IDPs do not have the same explicit, dedicated legal protections in international law as refugees who have fled their countries of origin and crossed an international border. It argues that precisely because IDPs lack international legal protections, their rights and needs are often overlooked and met with indifference and lack of sufficient humanitarian response from the United Nations, its agencies and member states, and global humanitarian NGOs. It discusses efforts to recognize a specific set of international legal rights for IDPs, why they have been stymied for several decades, and the practical consequences in terms of human rights deferred and denied and human welfare undermined for IDPs and their increasing vulnerability and disadvantage. Finally, it presents ways of improving respect for and fulfillment of the human rights of IDPs.

International Legal Protection of the Marine Environment from Plastic Pollution

The subject of the work is the norms of international law regulating the protection of the marine environment from plastic pollution. The purpose of the work is to analyze the existing international legal regulation in the field of protection of the oceans from plastic pollution and to develop recommendations aimed at improving the level of protection of the marine environment. In the process of preparing the work, various methods, means of cognition and logical techniques were used, such as analysis, synthesis, deduction, induction, etc. Currently, plastic pollution is one of the main threats to the oceans, every year a huge amount of plastic debris from various sources located both directly in the marine environment and on land enters the marine environment. Plastic pollution is detected even in the most remote corners of the planet, while the level of pollution in them is comparable to industrially developed areas. High concentrations of microplastics are found even in the Arctic sea ice, while it is at least two orders of magnitude higher than in the heavily polluted surface waters of the Pacific Ocean. These facts speak both about the urgent need to develop legal protection of the marine environment from pollution, and about the high degree of relevance of the research topic, its practical and scientific significance. The conducted research allowed us to come to a number of conclusions and proposals of a practical and theoretical nature. Among them is a proposal on the need to include in Annex 1 to the International Convention on the Control of Harmful Antifouling Systems on Ships those antifouling systems that are a source of microplastics entering the marine environment. Among other things, based on the data on plastic pollution of the world's oceans, it is concluded that the current system of legal protection of the marine environment from pollution does not cope with this problem.

The Colonial Clinic in Conflict: Towards a Medical History of the Palestinian Great Revolt, 1936–1939

This article reconstructs how Arab doctors, medical missionaries, British counterinsurgents, and Palestinian rebels negotiated and contested the legitimate role of medical workers and healthcare in times of colonial conflict. Drawing insight from a medical anthropological literature which challenges the notion of medical neutrality as normative, and setting mandate Palestine alongside other case studies of medicine in times of conflict from the interwar Middle East and North Africa, this article argues that while healthcare and medical authority could be put to work to support the colonial status quo, they could serve other, more radical ends too. To highlight the complexity of the political positioning of medical workers and healthcare, this article focuses on the town of Hebron during the great revolt which rocked the foundations of British rule in Palestine between 1936 and 1939, and relies on a range of colonial and missionary archival sources. The first part of the article uses the case study of an Egyptian medical doctor who took up political office in the town in moments of crisis to show how medical authority could be consciously transmuted into a force to uphold a besieged political order. The second part draws on the diary of a British mission doctor to reconstruct his efforts to assert medical neutrality during the great revolt, and—more strikingly still—how Palestinian insurgents participated actively in this attempt to transplant international legal protections to Hebron. The final part traces the incorporation of healthcare into the strategies of both British counterinsurgents and Palestinian rebels, with the British policy of collective punishment indirectly but appreciably degrading access to healthcare for Palestinians, and Palestinian counterstate ambitions extending to the establishment of insurgent medical services in the hills.

“Safe zones”: A protective alternative to flight or a tool of refugee containment? Clarifying the international legal framework governing access to refugee protection against the backdrop of “safe zones” in conflict-affected contexts

AbstractSo-called “safe zones” pose an increasingly pressing threat to genuine and robust international legal protection for persons fleeing conflict. This paper aims to address the key challenges and risks of safe zones under international law and to provide some clarifications on the legal framework which must be respected by refugee-receiving States. Through assessing the intentions of preventing migration flows which underlie their creation, this paper will demonstrate that the existence of safe zones cannot be used to circumvent the obligations of refugee-receiving States under international law, specifically the right to leave and seek asylum and the prohibition of non-refoulement. This paper concludes that safe zones should only be created as an urgent response to humanitarian crises in order to ensure the immediate safety of civilians in conflict zones, and only under very strict conditions. In this respect, this paper will demonstrate that even if safe zones comply with certain minimum protective standards, because of the volatility and complexities of the conflict environment they should not and cannot act as a substitute for genuine refugee protection under international law.

International legal protection of encroachment on life of representative of foreign state

Through legal hermeneutics, the article analyzes the international legal regulation of the protection of a foreign diplomatic representative, therefore, special attention is paid to the regulation of diplomatic privileges and immunities. The need to use the positive experience of states on the introduction of internal security in diplomatic representations is based, this is the purpose of the article. It is important that, despite several existing international legal acts on the protection of diplomatic representations and their personnel, there is an urgent need to increase their efficiency and effectiveness, in particular for the filling of existing gaps in international diplomatic law through further codification and development of international law and, also, to take measures in accordance with this branch of law against the offending state, strengthening sanctions for violations by states of the provisions on the privileges and immunities of foreign diplomatic representations and their personnel. As a result, we consider it appropriate to take the measures provided for by legislation to effectively implement the rules of criminal law on the punishment of persons who have committed crimes against representatives of a foreign State who enjoy diplomatic immunity.

The practice of protecting World Natural Heritage sites in Canada

A comparative analysis of the organizational and legal foundations of the protection of World Natural Heritage sites in Canada and the Russian Federation (on the example of Lake Baikal) is presented. The legal positions of the World Heritage Committee on the implementation of international obligations for the preservation of World Natural Heritage sites are analyzed. The problem of formal definiteness of the boundaries of World Heritage sites and awareness of them by the public and government bodies is highlighted. The question of the expediency of excluding the territories of settlements from the World Heritage sites is being investigated. The approaches of the World Heritage Committee to the implementation of extractive industry and hydropower projects both within the boundaries of World Heritage sites and in adjacent territories are considered. As a way of implementing the international legal regime for the protection of unique natural objects, the regime of the buffer zone of the World Heritage site receives a positive assessment, however, there is a lack of elaboration of this concept. Proposals are formulated on possible measures of an intra-national nature aimed at solving issues of protection of territories bordering on World Heritage sites (transfer to the federal level of the decision on the creation of protected areas in order to fulfill international obligations; formation of a protected zone of the World Heritage site). The importance of environmental assessment as a standard of international legal protection of unique natural objects and the need for its more detailed regulation in national legislation are stated. Attention is focused on the position of the World Heritage Committee on the issue of taking into account the views of the local population and indigenous peoples in the management and protection of World Natural Heritage sites.

ПРАВО ГЕОГРАФИЧЕСКИХ УКАЗАНИЙ КНР В ПЕРИОДЫ 13-Й И 14-Й ПЯТИЛЕТОК

The article examines the development of the law of geographical indications of the People’s Republic of China. An attempt is made to determine the relationship between the Confucian legal traditions of Ancient China and the law of geographical indications in China. A special place in the article is occupied by the assessment of innovations in the law of geographical indications of the PRC during the 14th Five-Year Plan, the role of multilateral and bilateral practices of international legal protection of geographical indications.

Implementation of the principle of equality and guarantee of the rights of convicted persons

The article deals with the problems of implementing the universally recognized principle of equality in penal enforcement policy and guaranteeing the rights of convicts, as well as suspects accused of committing crimes in custody. The fundamental rights of convicted and detained persons are analyzed. It is proved that not all fundamental rights of convicted and detained persons are guaranteed by law in accordance with the principle of equality, which is among the universally recognized principles of international law and is aimed at international legal protection against discrimination. It is proved that the penal enforcement legislation does not provide for legislative restrictions guaranteeing protection against discrimination on any grounds. In the case of convicted and detained persons, there are often inequalities in gender, age, property and legal aid. Now an opportunity to serve prison term concerning women and minors at the place of residence as it is provided for men isn't enshrined in the criminal and executive legislation. Such a legislative decision contributes to the severance of family and socio-useful ties among convicted women and minors. The prohibition of the use of technical means by lawyers in the territory of a correctional institution is discriminatory, since it infringes on the right of convicts to receive qualified legal assistance, guaranteed by the Constitution of the Russian Federation. The article shows the differences in penal policy between the haves and the poor, which is also classically discriminatory and unacceptable. It was concluded that the implementation of universally recognized principles of international law, including the principle of equality of citizens before the law and the court, is the responsibility of the legislative and law enforcement agencies and contributes to the achievement of the goals of criminal enforcement legislation, as well as to strengthening citizens' faith in the institutions of State power.

International Legal Protection of the Atmosphere and Ozone Layer: the Continuation of the History

The article examines the evolution of international legal regulation of atmospheric air from transboundary pollution over long distances both in connection with the formation of international judicial practice and a series of protocols that developed the 1979 Convention, specifying its content. On the one hand, we are talking about the search for criteria for fulfilling obligations through the concept of “critical load”. On the other hand, it is about clarifying substances and processes for which special regulation is introduced to increase the likelihood of preventing pollution.The protection of the atmosphere is also relevant to the protection of the ozone layer, provided not only through the fulfillment of obligations under the 1985 Convention, but mainly through the Montreal Protocol of 1987, which is achieved not only by more specific obligations, but also by a compliance procedure. If initially, within the framework of the international legal protection of atmospheric air and the protection of the ozone layer, the principles of international environmental law were only declared, then with the adoption of the protocols they received confirmation of their implementation. Strengthening such important principles such as no harm outside national jurisdiction, precaution, common but differentiated responsibility