International Obligations Research Articles

Navigating Climate Change and Sustainability Solutions: Nigeria's Role in International Environmental Law

Over the past three decades, the world has witnessed multidimensional impacts of climate change, thus emphasizing the critical urgency for climate action, and promoting sustainability. Africa is reported to disproportionately suffer the consequences of climate change. These consequences such as flooding; droughts and rising temperatures require the adoption of an environmental foreign policy to foster environmental sustainability and cross-sectoral climate resilience. As Africa’s most populous nation and second-largest oil producer significant to global oil supply, Nigeria occupies a unique and distinct position in the global climate discourse. However, despite credibly being a signatory to international bodies such as the United Nations Framework Convention on Climate Change (UNFCCC), Nigeria needs an effective environmental foreign policy to attain the globally desired sustainability and climate resilience. Therefore, this paper delves into Nigeria’s commitment to international environmental law of key international agreements, such as the Paris Agreement, in response to the threatening climate change crisis. The paper recognizes Nigeria as a leading contributor to greenhouse gas emissions in Africa, driving it to develop some national environmental policies that support renewable energy production and sustainability. However, most of the policies seem ineffective. This is because the country needs help with challenges ranging from political interference, corruption, unrealistic emission targets, overreliance on fossil fuels, and other socioeconomic factors. The study highlights the potential of Nigeria, the giant of Africa, in leading regional climate negotiations by localizing international environmental foreign policy and developing a strengthened legal framework to guide the African continent to sustainable development. The perspective of this paper is to encourage Nigeria to meet its sustainability objectives while fulfilling its international environmental obligations by exploring its abundant renewable energy resources such as solar, wind, and hydropower

Revisiting Indonesia halal tourism policy in light of GATS

PurposeAs a growth industry in the international tourism segment market, halal tourism domestic policy should align with General Agreement on Trade in Services (GATS) as an international trade in services regulation. This paper aims to examine Indonesia’s halal tourism policy and its intersection with obligations as a member state of the World Trade Organization (WTO). Particularly in balancing Indonesia’s international obligation and the right to regulate.Design/methodology/approachThe present study uses normative legal research by analysing legal materials, primarily GATS and Indonesia’s halal tourism policy. By using this methodology, this paper seeks the normative ideal domestic approach that aligns with Indonesia’s international obligations within GATS.FindingsRegional regulations primarily govern the halal tourism policy in Indonesia. The critical substance of the regulation is the mandatory halal certification for the implementation of halal tourism. This obligation may be incompatible with Indonesia’s commitment to liberalise the tourism sector under the GATS. The current legal framework gives rise to a lack of consistency in its application despite its adherence to the halal tourism standards established by the MUI. At the same time, the provincial and regent authorities lacked the authority to do so. The authors argue that halal tourism policy shall be promulgated in the national-level policy to settle this issue. This measure is necessary to mitigate conflicts between prevailing norms and Indonesia’s international commitments within GATS. Therefore, Indonesia can uphold both its international obligations and national interests.Originality/valueThis paper presents a novelty contribution by highlighting the absence of prior research examining Indonesia’s adherence to its international commitments under the GATS in formulating domestic legislation on halal tourism. To close this gap, this study suggests that national legislation governing halal tourism should consider international obligations in the tourism sector under the GATS.

Climate Change Mitigation through Civil Procedure? Justiciability in Two Nordic Climate Cases

Abstract Although the phenomenon of climate change litigation has flourished in certain European countries, it has so far been limited in the Nordic countries. A reason might be that the Nordic countries do not have a strong tradition of judicial review or rights-based litigation. The role of the courts was long considered to be less about controlling that the legislature lived up to constitutional and international obligations, than ensuring the realisation in practice of the substantive law, by resolving concrete disputes. Through the analysis of issues of justiciability in one Norwegian and one Swedish climate case, this article discusses the role of the judiciary in climate cases. It is argued that the cases illustrate a tension between on the one hand the right to access to a court and judicial review, and on the other, a more limited and traditional understanding of the role of the court, which focuses on the resolution of concrete disputes. At the same time, the cases are considered to indicate that climate change litigation can bring about change in the judicial interpretation of procedural law.

Legal Aspects of the Right to Freedom of Opinion in View of Jordan’s 2023 Cybercrime Law

This study highlights the legal aspects of the right to freedom of opinion in Jordan after the issuance of Jordan’s Cybercrime Law No. 17 of 2023. First, it discusses the concept of freedom of opinion in theory. Second, it highlights the protection of human rights and its impact on States. Third, it shows how States might limit the protection of freedom of opinion by criminalising cyber activities. This study relies on descriptive and analytical approaches to describe freedom of opinion and analyse its legal basis in accordance with national and international legal rules. It uses a case study of Jordan by analysing the Jordanian Cybercrime Law and its impact on the right to freedom of opinion. This study argues that Jordan’s 2023 Cybercrime Law imposes stricter penalties on perpetrators of acts classified as cybercrime, exceeds the general rules in the penal code, and expands the scope of crimes related to freedom of opinion. The study produces several recommendations, the most important of which is that restrictions on the freedom of cyber activities in Jordan must comply with international obligations and that there is a need to amend the Cybercrime Law to conform to these obligations

Application of criminal law measures as a legal institution

The article highlights the issues of application of criminal law measures as an independent regulatory and legal institution which has a cross-sectoral nature. This institute is complex, since it includes two sub-institutes – criminal law and criminal procedure, and is characterized by its subject matter and method of legal regulation, and is intended to regulate social relations which arose in connection with the introduction in Ukraine of the institute of quasi-criminal liability of legal entities for the fulfillment of Ukraine’s international obligations. The author suggests that a regulatory legal institution should be set out in a standardized manner in various legal acts. Unlike the criminal law sub-institution of application of criminal law measures, criminal procedural rules are «scattered» throughout the text of the Code of Criminal Procedure of Ukraine, which impedes the effective application of the relevant rules. The analysis of the few verdicts that have imposed criminal legal measures on legal entities indicates that, given both the normative shortcomings in the presentation of criminal procedural rules of the institution of application of criminal legal measures and the actual lack of training of interested parties (investigators, prosecutors, judges, lawyers) in specialized educational institutions, this leads to shortcomings in law enforcement and the actual ineffectiveness of the institution as a whole. The author finds that when applying criminal law measures to a legal entity, courts made the following mistakes: they did so independently, without following the procedure for initiating proceedings against a legal entity regulated by criminal procedure legislation; in criminal proceedings against an individual, they approved a plea agreement with a criminal law measure against a legal entity when it was prohibited to do so. The author proposes to conduct specialized training on criminal law and criminal procedural features of quasi-criminal liability of legal entities in Ukraine for investigators, prosecutors, attorneys and judges.

The Importance of Accounting for the Dead in Migration

Executive Summary This article highlights the importance of accounting for the dead in migration contexts, from international humanitarian law (IHL), international human rights law (IHRL), and forensic perspectives. Starting by reviewing obligations under IHL and IHRL for the processes of accounting, the article discusses forensic action and the role that accounting can play to protect the dead and clarify the fate and whereabouts of the missing for their families. Considering the complexity of missing and deceased migrant cases, this problem must be approached from several complementary angles, including States codifying international legal obligations related to accounting for the dead in domestic legal or policy frameworks; developing national mechanisms to collect, centralize, and report disaggregated information on migrant deaths; addressing migrant deaths from a public health perspective; pursuing identification efforts including participating in transnational coordination mechanisms; developing strong partnerships with civil society actors; and coupling accounting initiatives with policies that promote the search for missing migrants.

Permanent Sovereignty vs. International Obligations

This research analyses Indonesia's policies related to downstreaming and restrictions on raw nickel exports that have caused international debate, especially the European Union which complained against Indonesia to the World Trade Organization (WTO) in Dispute Settlement 592 (DS-592). The study explores Indonesia's position as a WTO member that is being questioned for its policy of banning nickel ore exports to the European Union, and examines the DS-592 ruling in relation to the permanent sovereignty debate. This article uses a normative juridical method with doctrinal, comparative, and case approaches. The results show that Indonesia has permanent sovereignty over its nickel ore guaranteed by UN Resolution 1803. Therefore, Indonesia must exercise this sovereignty with due regard to international obligations. Indonesia should learn from China's export regulations as it prioritises export restriction policies rather than export bans. By applying China's approach, Indonesia can prevent the problems that occurred in DS 592. However, a series of nickel downstream policies implemented by Indonesia have violated the provisions of the WTO Agreement. This article also explains that the vacuum of the Appellate Body does not negate the EU's authority to retaliate against Indonesia. This article concludes that Indonesia must implement a policy determining the percentage of downstream nickel ore, as well as nickel ore that will be exported. This conclusion has resulted in the theoretical idea that no sovereignty can be exercised in violation of the country's international obligations. Thus, each country must be able to establish policies that can balance national interests with international obligations. KEYWORDS: Export Restrictions, International Obligations, Nickel Ore, Soverignty, WTO.

Balancing The Principles of Non-Refoulment and National Security in The Protection of Refugee Rights: A Legal and Policy Analysis of Refugee Handling in Australia

This study examines the delicate balance between the principle of non-refoulement and national security in protecting refugee rights, focusing on Australia’s approach to handling refugees. Non-refoulement, a fundamental principle of international refugee law, prohibits the forced return of individuals to countries where they may face persecution. However, ensuring national security while upholding refugee rights poses challenges, particularly in the face of global migration crises and security concerns. Through a case study of Australia’s refugee policies and practices, this research explores the complexities of navigating between these principles, considering legal frameworks, policy implications, humanitarian considerations, and the impact on refugee lives. The findings contribute to understanding the intricate dynamics of balancing humanitarian obligations with national security imperatives in refugee protection efforts. The findings of this research suggest that no balancing act can be justified by international law. Turn-back measures cannot be used to balance Australia’s international obligations to protect refugees. This will lead to violations of the human rights of asylum seekers who will be returned. The act of turning back is hazardous and has the potential to bring threats and persecution to asylum seekers who are returned to their country of arrival, country of origin, or third countries.

International fiscal rules and domestic support for austerity

In recent decades, fiscal integration in Europe has manifested through restrictive rules. However, the consolidation of public finances often encounters citizens’ resistance. International obligations can raise public support for costly domestic policies that are consistent with the obligations’ terms, but can European fiscal pledges influence public opinion and boost support for austerity? I fielded an original survey experiment in Italy and manipulated information about the existence of a new fiscal rule, national or European, mandating austerity measures. In stark contrast with extant research, I find no evidence that the source of the fiscal rule matters when measuring respondents’ support for austerity. This result suggests that the effect of international pledges on garnering public support for costly domestic measures wanes if these measures directly burden citizens’ financial well-being. Moreover, relinquishing fiscal autonomy in favour of new European rules appears unlikely to aid politicians in winning public endorsement for an austerity agenda.

On the issue of corruption in the sphere of labor and employment: today’s realities

The problem of corruption in all its manifestations, its causes and methods of overcoming it attracts the attention of a considerable number of scientists. Today, the sphere of labor and employment is not only an important institutional basis for the implementation of corruption and related offenses in the state in general, but also one of the goals of the spread of corruption in the state. The purpose of the article is to study the manifestations of corruption in Ukraine in the field of labor and employment, to identify existing problems in this field and to make proposals for their solution. Currently, the fight against corruption has become a priority of Ukraine’s state policy and part of its international obligations. During the period of the anti-corruption reform, certain results were achieved in this area of state and society activity, in particular, new legislation was adopted, anti-corruption bodies and courts were created, innovative tools for the prevention of corruption were introduced, and the development of public control is ongoing. At the same time, the current labor legislation, although it is quite progressive in terms of protecting the rights of employees, however, in order to more effectively use the opportunities to expose corruption, it needs changes aimed at forming an even greater protective role of labor law. Corruption in the sphere of labor and employment is considered as a special socio-legal phenomenon, which naturally has an extremely negative impact on the sphere of labor and employment, but it is also a phenomenon that can be minimized by labor-legal means (first of all, the normative basis of labor law, labor rights and obligations of subjects of labor law, acts of implementation of labor law, etc.), as well as a number of institutional mechanisms in the relevant field (first of all, the mechanism for preventing and countering nepotism, the mechanism for ensuring the exposure of corruption by employees, the mechanism for ensuring decent work, the mechanism for control and supervision according to the state of compliance with law and order in the sphere of labor and employment, the mechanism for ensuring the protection of information restricted in circulation).

Legal regulation of relations regarding the provision of nuclear and radiation safety in Ukraine in peacetime and martial law conditions

The article examines the issue of legal regulation of nuclear and radiation safety relations in Ukraine in peacetime and martial law conditions. The legal aspects of the formation of nuclear legislation during the period of large-scale armed aggression of the Russian Federation against Ukraine are studied. The purpose of the article is to highlight the problems of legal regulation of nuclear and radiation safety relations in Ukraine in peacetime and martial law conditions. The authors of the article conducted a retrospective review and the current state of development of the national legislation of Ukraine in the field of ensuring nuclear and radiation safety. As a result of such consideration, it was determined that over thirty years, an extensive system of nuclear legislation has developed, at the same time, today the system of the legal framework in the field of the use of nuclear energy, ensuring nuclear and radiation safety, radiation protection of citizens from the effects of ionizing radiation in Ukraine consists of documents of three levels. The authors of the article came to the following conclusions. Ukraine must fulfill its international legal obligations in full. Despite the rather extensive system of nuclear legislation under martial law, it is actively developing and improving. At the same time, there is a need to solve the issue of improving foreign and international legislation, in particular, at the same time as the national legislation. EU legislation. In the future, the norms of this legislation must be implemented in the national legislation of all EU member states and the IAEA. Despite the inability of the IAEA to solve the issue of ensuring nuclear and radiation safety under the conditions of martial law, as well as the problem of constant nuclear blackmail by the Russian Federation, in our opinion, at the moment, it is the only international organization that is capable, by sending its experts, in particular, on the Zaporizhia NPP, which has been captured by Russian troops since March 2022, to have at least a small impact on solving the above-mentioned tasks. However, in the future, i.e. after the end of military operations in Ukraine, the international community will have to resolve issues related to the reorganization of international humanitarian law, as well as the activities of such organizations as the UN and the IAEA.

In Pursuit of Sustainable Development: Safeguarding the Right to Regulate

In a world where the balance between economic globalization and national sovereignty is constantly evolving, the right to regulate becomes a crucial aspect of ensuring sustainable and inclusive development. This article explores the complex dynamics of protecting this essential right within the framework of international trade and investment agreements. Drawing upon a comprehensive analysis of legal frameworks, case studies, and scholarly discourse, it sheds light on the challenges and opportunities associated with preserving the right to regulate. By examining the intricate interplay between trade liberalization and regulatory autonomy, it provides a nuanced understanding of how nations can effectively navigate the complex terrain of global governance while safeguarding their ability to enact and enforce domestic regulations. Furthermore, the article explores the implications of regulatory measures on environmental protection and sustainable development, investigating potential conflicts between international trade obligations and the sovereign right of nations to regulate in the best interest of their citizens. Through a multidisciplinary approach, encompassing legal analysis, policy evaluation, and socioeconomic considerations, it aims to contribute to the ongoing discourse on striking a delicate balance between economic integration and the preservation of national regulatory autonomy, ultimately providing policymakers, scholars, and stakeholders with valuable insights and recommendations to navigate the complex landscape of international trade and investment agreements.

Analyzing Thailand’s Amendments to the Civil and Commercial Code on Marriage Equality: Progress, Shortcomings, and the Struggle for LGBTIQAN+ Rights to Family Establishment

Thailand’s proposed amendment of the Civil and Commercial Code (“CCC”) on marriage equality, recently passed by the lower house of Parliament on 27 March 2024, marks a historic milestone and represents a significant step towards recognizing the rights of Lesbian Gay Bisexual Transgender Intersex Queer Asexual and Non-Binary+ (LGBTIQAN+) individuals to establish families. This commentary article critically examines the draft legislation through the lens of international human rights law and domestic constitutional principles of equality and human dignity. Situating the Act within Thailand’s international obligations, the article traces the legislative history and highlights the progressive vision of the Civil Society Draft, which developed from the thesis-based research of Chawinroj Teerapatcharaporn, School of Law, Sukhothai Thammathirat Open University (STOU). It commends the shift towards gender-neutral language in marriage eligibility while critiquing the retention of binary “father/mother” terminology as falling short of genuine inclusivity. Drawing from parliamentary debates, the commentary engages with objections raised by religious party MPs, countering them by reasserting the primacy of constitutional equality and secular human rights principles over religious precepts in civil law matters. The article concludes by assessing the Act’s potential impact and the ongoing struggle for fully realizing LGBTIQAN+ family rights, calling for further reform that embraces gender neutrality and equality regardless of sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC).

Italy and International Criminal Justice: Mapping the Present and Charting the Path Ahead

Abstract The present article investigates Italy’s posture on international criminal justice and identifies gaps and obstacles whose overcoming is essential to make the country effectively contribute to its efficient functioning. To this end, firstly, the Italian Government’s attitude towards international criminal justice institutions is surveyed. Secondly, domestic legislation and case law on international crimes are carefully analysed. Thirdly, the public perception of international crimes in Italy is critically assessed. The author finds that a major legislative reform is urgently needed and cannot be postponed any longer, so as to remove any ambiguity about the Italian Government’s commitment to ensuring accountability for all international crimes listed in the Rome Statute of the International Criminal Court. She also advises that such reform should be complemented with the assumption of additional international obligations bringing Italy at the forefront of the supporters of the Rome Statute system.

Social policy in a political vacuum: Women's experiences of hunger during the Cost‐of‐Living Crisis in Northern Ireland

AbstractBetween 2022 and 2024, there was no devolved government functioning in Northern Ireland. This protracted absence of government occurred in the aftermath of the Covid‐19 pandemic and during what is arguably the worst economic crisis of recent years. Women are more vulnerable to hardship during economic crisis and thus it is unsurprising that the Cost‐of‐Living Crisis is hitting women hardest. This paper examines increasing food insecurity for women in Northern Ireland and the implications for the realisation of their human right to an adequate standard of living. The UK Government has ratified the International Covenant on Economic, Social and Cultural Rights, which provides a legal duty to ensure that everyone has adequate access to food. However, increasing numbers of food banks and ill health related to insufficient food intake indicates that there is a fundamental problem. This article draws on 20 focus groups with 250 women on a low‐income to explore their experiences of the Cost‐of‐Living Crisis in Northern Ireland. The research found that women routinely skipped meals; described feelings of shame and guilt associated with struggling to feed their children; and discussed difficulties associated with purchasing food. Much of the pain associated with the hunger experienced by these women and children is hidden within the private sphere of the home. This article intends to shine a light on women's experiences and will reflect on the necessary policy change required to ensure compliance with international human rights obligations.

Excepción de inconvencionalidad en las actuaciones públicas del Estado colombiano

Within the framework of the boundaries to the exercise of “ius puniendi” as legitimate measures to keep at bay disproportionate use of police powers, as enshrined in the rule of law, a normative supranational boundary has emerged to safeguard citizens’ fundamental rights. Such boundaries are subject to international (positive & negative) obligations that States parties must abide by once ratified. In order to categorize systematically the exception of unconventionality for more sustainable legal proceedings, a hermeneutical historical-analysis was done of case-by-case examinations to determine its reach in internal normative systems. This is a sample of supralegal guarantee that allows us to set some modulating criteria in the application of rules in compliance by deploying the same conditions of the constitutionality block. Specifically, when a high-court has adopted a line of jurisprudence with the effect of absolute constitutional res judicata, it becomes impossible for both judges and procedural actors to resort to exception of unconstitutionality in Colombian public proceedings. However, we find the exception of unconventionality as the last guarantee of effective legal protection, even when the constitutionality of human rights violations has been declared, according to the dissenting multilateral precedent of the competent body in regional human rights protection systems.

The legal regulation of the crime of enforced disappearance in Iraqi law

Iraq occupies an advanced position in the list of countries that suffer from widespread cases of enforced disappearance, but its penal legislation is still devoid of punishment for the crime of enforced disappearance, despite the fact that it is one of the first countries to accede to the International Convention for the Protection of All Persons from Enforced Disappearance of 2006 based on Act No. (17) of 2010 which raises the question of how criminal accountability for the perpetrators is based on national legislation, especially the Penal Code No. (111) of 1969 and the Iraqi Supreme Criminal Court Act No. (10) of 2005. To exclude the legislative shortcomings in the punitive legislation regarding the criminalization and punishment of enforced disappearance, the efforts of the Iraqi legislator in recent years have culminated in the introduction of the draft law against enforced disappearance of 2018, as well as the draft penal code of 2021, which constitutes a significant step towards Iraq’s fulfillment of its international obligations stemming from the international convention For the Protection of All Persons from Enforced Disappearance of 2006. The research is devoted to studying Penal Code No. (111) of 1969 and the Iraqi Supreme Criminal Court Act No. 10 of 2005 to examine the possibility of their application to cases of enforced disappearance. It also includes an explanation of the mechanisms for the enforcement of international conventions, especially the International Convention for the Protection of All Persons from Enforced Disappearance of 2006, in Iraqi legislation, as well as an analysis of the texts of the draft law against enforced disappearance of 2018 and the draft Penal Code of 2021 to present appropriate recommendations regarding the criminalization and punishment of enforced disappearance in them.

Environmental Protections During Armed Conflict as Supportive Mechanisms for the Prevention of Atrocity Crimes

Abstract The potential exacerbating impact of environmental damage incurred during armed conflict has gained increasing attention in regional and international fora. The links between conflict and the environment are indirect, but irrefutable. Environmental damage further has the potential to adversely affect risk factors associated with atrocity crimes. It is necessary to consider adequate environmental protections to avoid serious and negative long-lasting effects, and to prevent the exacerbation of conflicts into atrocity crimes. The vulnerability of the population generally and the environment is evident in armed conflict. This article explores the nexus between environmental damage and atrocity crimes generally before considering existing environmental protections during armed conflict and opportunities for progressive development. It argues that the enhancement of existing international legal obligations either through additional protections or improved implementation measures is necessary to protect the environment and contribute to the reduction of the risk of atrocity crimes.

Legislation strengthening Maternal and Perinatal Death Surveillance and Response systems.

Historically, countries have primarily relied on policy rather than legislation to implement Maternal and Perinatal Death Surveillance and Response systems (MPDSR). However, evidence shows significant disparities in how MPDSR is implemented among different countries. In this article, we argue for the importance of establishing MPDSR systems mandated by law and aligned with the country's constitutional provisions, regional and international human rights obligations, and public health commitments. We highlight how a "no blame" approach can be regulated to provide a balance between confidentiality of the system and access to justice and remedies.

How can soil data and information become actionable knowledge to advance sustainable land management?

AbstractPromoting sustainable land management is key to addressing land degradation but its progress is impeded by the availability and accessibility of the ‘right’ soil data and information. We focus on government‐funded data collection or publicly collected soil data as it is central to effective soil governance. Taking a governance perspective, we discuss what soil information is created and used for, who are the actors involved and how soil information is contributing (or not) to the creation of actionable knowledge. We investigated two countries in depth through a desk‐based review and consultation with 40 key informants, collating which soil data and information is collected, analysed, stored, retrieved and used in the UK and Australia. We present a comprehensive overview of public soil databases, including location, year established, stated purpose, current governing institution, accessibility, digital product/s available, cycle of assessment, scale of sampling, soil data presented and depth of soil assessment. The analysis highlights that current shortcomings in soil governance are a result of not adequately valuing legacy soil data and information, and with the loss of human capital, diminished accessibility to soil information leads to disrupted information flows. A critical assessment suggests that available soil information plays a limited role in knowing the soil types of a locality, the condition of soil under various land uses and associated management, which limits its potential for informing sustainable land management. In both countries, there is a mismatch in scale and intention of use for the soil information between the provider and the user: information is currently held at the scale for regional‐ or nation‐level reporting on targets to meet national and international obligations rather than improving soil health or SLM at the farm scale. In addition, available soil data repositories only partially meet accessibility criteria (discoverability, language applicable to audience, open source and interpretative layer for land management implications). We outline steps to improve soil information and knowledge exchange embedded in effective governance arrangements to ensure that soil data and information can become actionable knowledge for SLM. Applying principles and strategies for facilitating knowledge exchange is of particular relevance to this process.