UN International Research Articles

International legal regulation of the application of restitution as a form of material responsibility of states

The article attempts to determine the principles of international legal regulation of the application of restitution as a form of material responsibility in international law, as restitution is a means of legal protection available to the claimant in the consideration of an international dispute, for which seized property is returned to the original owner in kind. The theoretical provisions regarding the international legal regulation of the application of restitution as one of the forms of material responsibility under international law have been analyzed, using the following sources – the UN International Law Commission (ILC); Article 35 of the Articles on State Responsibility of 2001; Permanent Court of International Justice (PCIJ) (predecessor of the UN International Court of Justice). Legal doctrine distinguishes two forms of restitution – restitution in kind («restitutio in integrum») and restoration («restitutio in pristinum»). Restitution in kind (restitutio in integrum) consists in restoring the former material situation. The second form of restitution – restoration (restitutio in pristinum) – is the restoration of immaterial rights. The issue of property restitution has been central to many political changes and peace agreements since the end of the Cold War. Restitution of property, homes, and land has been seen as a means of redressing past injustices in many forms, ranging from communist nationalization and colonial-era land confiscation to outright ethnic cleansing and war crimes. The politics of restitution often figure in broader transitional justice efforts following repression, persecution, and mass violations of human rights. Among the range of transitional justice mechanisms, restitution is most closely related to reparations, both because of their shared historical origins and because of their common desire to return victims to the conditions in which they would have been satisfied if their rights had not been violated. Practical examples of restitution that took place in the Czech Republic, South Africa, Bosnia and Guatemala were analyzed. Were studied the recommendations on how to better plan, organize and implement the restitution program in the conditions of the transition period, which were aptly described in his writings by the outstanding scientist Mr. Rhodri C. Williams [13].

Can foreign aid reduce the desire to emigrate? Evidence from a randomized controlled trial

AbstractParallel to traditional immigration control policies, states send substantial amounts of foreign aid to address the root causes of migration. Using a randomized controlled trial (RCT), we evaluate a representative type of “root causes” aid (RCA) project in Africa, implemented by the UN's International Organization for Migration (IOM). We find the project reduced aspirations to migrate and slowed preparations for the journey. Multiple mediation analysis shows “instrumental place attachment”—or the ability to pursue important goals in one's place of residence compared to other destinations—is the main driver. However, effects wane 6 months after project end. That a small RCA project increased instrumental place attachment, albeit briefly, is significant given global inequalities. We explore this finding by conducting interviews with international organization (IO) and nongovernmental organization (NGO) practitioners to understand how development organizations affect instrumental place attachment, and with youth to understand how interventions (un)successfully moderate the choice to stay or migrate.

Sea-Level Rise and Human Mobility: The Legal Implications for Ireland’s Foreign and Domestic Policies

In October 2023, the Irish government’s Report of the Inter-Departmental Group on National Coastal Change Management Strategy concluded it was inevitable that, as a result of rising sea levels, a managed retreat may in time be required along some parts of the Irish coastline. This stark warning highlights Ireland’s vulnerability as an island nation to global climate change and sea-level rise. While adaptive measures can be made to protect coastal communities, there is a need to undertake comprehensive planning to prepare for the foreseeable impacts of climate change. Ireland is not alone in facing such risks—over a third of states in the world are directly affected by sea-level rise. Such scenarios raise complicated legal questions, which prompted the UN International Law Commission (ILC) to commence analysis in 2018 of the legal implications of sea-level rise. This article starts by examining recent developments concerning the legal implications of climate change in general, before specifically analysing the ongoing work of the ILC on sea-level rise and human mobility. Drawing on international legal and policy frameworks, the article then considers Ireland’s obligations arising from sea-level rise and population displacement. In particular, it addresses a) Ireland’s foreign policy, including international development assistance and legal migration routes for persons fleeing the impacts of sea-level rise; and b) domestic policies relating to climate change adaptation and planning for internal climate displacement.

Comparative investigations of silanes in UN Test O.2 (liquid oxidizer)

Decachlorotetrasilane, octachlortrisilane and hexachlorodisilane show false-positive results in the UN Test O.2 (liquid oxidizer). The cause of this unexpected result had been explained in former investigations. To clarify whether it is possible to obtain false-positive test results in this statutory and legally required test also with other silanes, altogether 12 substances were compared with each other. The focus was on investigating chlorinated silanes. All silanes produced the expected result “non-oxidizing liquid” as required by the theory showing that the international UN O.2 test for other (chloro)silanes gives reliable results. The averaged pressure increase time of all investigated silanes were slower than those of the reference oxidant HNO3. Therefore, organo-silanes were outside the classification threshold for packing group III. Weaknesses and possibilities for improvement of this legally required test also had been provided.

Positive Duties of the Security Council Under the UN Charter and International Law

Abstract The current international context, characterised by a crisis in the multilateral institutions including the United Nations Security Council (sc), invites one to explore an often-overlooked question: whether the UN Charter and international law impose positive duties on the sc. To answer this question, this article offers a theoretical approach to an issue that has not received much attention from the authors. This exploratory study discusses the existence of duties of the sc; it analyses those duties under the Charter and international law, especially in Article 39, in the UN Purposes and Principles, and in the jus cogens norms. The article deals with the content and scope of the duties, arguing for a due diligence nature of them, and it also addresses the issue of the consequences of breaches, especially the institutional consequences within the UN system.

A Data-driven Analysis of STEM-related Positions in UN International Organizations

A Data-driven Analysis of STEM-related Positions in UN International Organizations

International and legal regulation of the application of satisfaction as a form of political responsibility of states

The paper attempts to determine the principles of international legal regulation of the application of satisfaction as a form of political responsibility in international law. Theoretical provisions regarding the international legal regulation of the application of satisfaction as one of the forms of political responsibility according to international law are analyzed. Four forms of satisfaction were analyzed, which were derived by the famous researcher Patrick Dumberry from the University of Ottawa: The first - the responsible state simply apologized or officially expressed regret for committing an illegal act; The second - the state punished the representative or person responsible for the act; The third is when a judicial body makes a statement about the illegality of an action taken by the state. The fourth is monetary satisfaction. Satisfaction may be accompanied by symbolic material compensation for moral damage. The draft articles on the responsibility of states for internationally wrongful acts developed by the UN International Law Commission (adopted by UN General Assembly resolution A/RES/56/83) were analysed. Thus, it is determined that the forms of compensation (reparation) are restitution, compensation and satisfaction: both separately and in combination (Article 34). Article 37 of the Articles on the Responsibility of States for Internationally Wrongful Acts of 2001 deals with satisfaction as a form of compensation for damages, which refers to the first type of satisfaction mentioned above. The practice of the International Court of Justice of the United Nations regarding ordinary satisfaction was considered - the case "Bosnia and Herzegovina v. Serbia and Montenegro" (2007), the case "Rainbow Warrior", the case "Corfu Channel", the case "Armed activities on the territory of the Congo (Democratic Republic of Congo v. Uganda)" . An example of the implementation of extraordinary satisfaction in international law is considered - the Declaration on the Defeat of Germany and the Decision of the Berlin (Potsdam) Conference. Based on the presented material, it was concluded that the application of satisfaction is confirmed by international judicial practice, in particular, by examples of declarative statements. The decisions of the International Court of Justice of the United Nations on the award of satisfaction are widely accepted, to some extent because the condemnation of an internationally wrongful act by an authoritative third party aims to achieve a balance between the interests of the parties in a particular case, on the one hand, and the fundamental interests of the international community, on the other.

Deep geological disposal of plastic waste: Pros and cons

Plastic production is growing, plastic waste is accumulating, and current waste management methods (recycling, incineration, etc.) are not yet able to solve this waste problem. Proposals and projects aimed at solving or facilitating the problem of plastic waste are therefore relevant. This article proposes a deep geological disposal method for plastic waste projects. The prototype for this project was the deep geological disposal of nuclear waste. Although plastic waste and nuclear waste are fundamentally different, the adequacy of this approach is justified by the fact that plastic waste, such as nuclear waste, has a a long degradation period and poses great danger to the environment, animals, and humans. The article is conceptual and examines the aspects necessary for the implementation of the project, such as the establishment of a special international UN agency for plastic waste management, specific sources of funding, giving plastic waste a monetary value, applying free market principles, and using existing potential opportunities for deep geological disposal of plastic waste. This article also discusses the proposed concept for finding more optimal options.

Using biophysical modelling and marine connectivity to assess the risk of natural dispersal of non-indigenous species to comply with the Ballast Water Management Convention

The introduction of Marine Non-Indigenous Species (NIS) poses a significant threat to global marine biodiversity and ecosystems. To mitigate this risk, the Ballast Water Management Convention (BWMC) was adopted by the UN International Maritime Organisation (IMO), setting strict criteria for discharges of ballast water. However, the BWMC permits exemptions for shipping routes operating within a geographical area, known as a Same-Risk-Area (SRA). An SRA can be established in areas where a risk assessment (RA) can conclude that the spread of NIS via ballast water is low relative to the predicted natural dispersal. Despite the BWMC's requirement for RAs to be based on modelling of the natural dispersal of NIS, no standard procedures have been established. This paper presents a methodology utilizing biophysical modelling and marine connectivity analyses to conduct SRA RA and delineation. Focusing on the Kattegat and Øresund connecting the North Sea and Baltic Sea, we examine two SRA candidates spanning Danish and Swedish waters. We provide an example on how to conduct an RA including an RA summary, and addressing findings, challenges, and prospects. Our study aims to advance the development and adoption of consistent, transparent, and scientifically robust SRA assessments for effective ballast water management.

National legislation as a source of the obligation to extradite or prosecute (aut dedere aut judicare)

The article, based on the study of doctrinal developments and the practice of states, reveals the issue of national legislation as a source of the obligation to extradite or prosecute (aut dedere aut judicare). The article highlights the position of the UN International Law Commission on the role of national legislation and state practice in implementing the obligation to extradite or prosecute; the practice of certain states (Finland, Estonia, Macedonia, Azerbaijan, Ukraine) regarding the legal establishment of the obligation to extradite or prosecute is considered; the measures that states should follow at the national level in order to effectively implement the principle of aut dedere aut judicare are defined.
 The article establishes that the determination of the legal nature and scope of the obligation aut dedere aut judicare is possible through the study of various types of sources in which this obligation is established (treaties, customs, international and national court decisions, national legislation of states). The obligation to extradite or prosecute has traditionally been established by international treaties of various types, the number of which is constantly increasing. The participation of many states in such international treaties (of a universal, regional or bilateral nature) is a reflection of the existing national practice of the states regarding the implementation of the principle of aut dedere aut judicare.
 It is substantiated that, along with treaties and customary (at least for the most serious international crimes) enshrining the principle of aut dedere aut judicare, national criminal law is an important source of the obligation to extradite or prosecute. The effective implementation of the principle of aut dedere aut judicare in each specific case will depend on the state’s fulfillment of both its international obligations and the implementation of the necessary measures (in particular, regarding the establishment of jurisdiction over offenders and criminal offenses) defined in national legislation with regard to extradition and prosecution.

International legal protection of the environment from criminal acts during armed conflicts

The article is dedicated to revealing the state of legal provision for the international legal protection of the environment from criminal acts during armed conflicts. Attention is drawn to the fact that international legal obligations of states regarding environmental protection during armed conflict are only contained in a few environmental treaties, but simultaneously in special agreements that are applicable in the presence of armed conflict and are sources of international humanitarian law. It is noted that from the general principles of the impact of war on international treaties, it follows that the termination of an international treaty at the onset of war is an exception to the rules, not a mandatory act. According to Articles 61 and 62 of the Vienna Convention on the Law of Treaties of 1969 regarding impossibility of performance and fundamental change of circumstances, it is established that war is not a basis for the automatic termination of treaty obligations, including environmental ones, by the parties to the conflict who have become parties in peacetime, which is also stated in the Draft Articles on the Impact of Armed Conflicts on Treaties of 2011 prepared by the UN International Law Commission, which includes a reference to a provisional list of treaties whose subject matter implies that they continue to apply during armed conflict, among them – treaties on international environmental protection.
 The standpoint regarding the necessity of developing a codified international instrument, which would consolidate the currently disparate provisions for regulating environmental protection issues in conditions of armed conflict, compensation for damage caused, etc., as a source of international environmental law, is supported. It would also address existing problems in legal application, such as the narrow and imprecise definition of the threshold level criteria required to prove environmental damage during armed conflict.

Violations of human environmental rights in Ukraine during the period of martial law (example of the Kaкhov disaster)

The article is devoted to the analysis of the violation of environmental human rights in Ukraine during the period of martial law from February 24, 2022 (using the example of the blowing up of the Kakhovska HPP (Kakhovska Hydro Power Plant) dam on June 6, 2023). Environmental rights include human rights to a safe ecological environment, that is, the right to a clean environment, fresh air, unpolluted land, good-quality water, high-quality, safe and harmless food products, unpolluted household items. In Ukraine, environmental rights are recognized and enshrined in the 1996 Constitution.
 It is noted that once a full-scale invasion begins, environmental hazards increase, and the damage done to Ukraine becomes much more obvious.
 It has been investigated that on June 6, 2023, around 02:50, a global environmental disaster occurred in Ukraine - the explosion of the Kakhovska HPP dam. The Kakhov reservoir began to lose water rapidly. Downstream of the Dnieper, settlements began to be flooded, including Kherson. The Kakhov disaster has all the signs of an ecological disaster.
 It has been proven that the consequences of the terrorist attack turned out to be worse than predicted. The undermining of the Kakhovska HPP dam caused serious environmental consequences, which have not fully manifested themselves yet. The rights to a safe ecological environment, guaranteed by the Constitution of Ukraine and the Principles of Environmental Protection during Armed Conflicts, developed by the UN International Law Commission in 2022, have been violated.
 It has been established that environmental disasters of this scale usually cannot be limited territorially, they negatively affect changes in ecosystems, which causes climate changes in the region. Therefore, the consequences of the Kakhov disaster are felt by themselves and with a high probability will be felt by other states in the future. The international community should join forces to ensure compensation for the damage caused to the environment, and take all permissible legal measures aimed at stopping the violation of environmental rights, as well as restoring the violated rights.
 The authors are of the opinion that the protection of environmental human rights in Ukraine will remain problematic for the next decades after the end of hostilities and the abolition of martial law.

Regime of military occupation, human rights, elections and referendums: case of Ukraine

From 2014 until today, parts of the Donetsk, Kherson, Luhansk and Zaporizhia regions of Ukraine are under international legal regime of military occupation. To realize one of its intentions - to change the territorial status quo by force of arms - Russia uses such tools as elections and referendums in the temporarily occupied parts of Ukraine. The article characterizes the legal regime of the military occupation, focuses attention on ensuring the rights and freedoms of citizens and the legal regime on the temporarily occupied territory of Ukraine, emphasizes that the elections and referendums held by Russia have nothing to do with direct forms of democracy. These are legally invalid measures organized by the occupation administrations as an attempt to illegally annex Ukrainian territories by the Russian Federation. Their results do not have any legal consequences and cannot be accepted and recognized by the international community. Also focusing on the regime of military occupation, the authors of the article emphasize that occupation does not mean the loss of sovereignty of the occupied territory. Territorial supremacy of the state is directly related to state sovereignty and is one of its constituent elements. The occupation is characterized by the preservation of power structures and the continuation of resistance and military operations against the occupying state.
 The decisions of the UN International Court of Justice and the International Military Tribunal (Nuremberg) are analyzed. It is emphasized that the methods used by the Russian Federation to achieve the goal of including the territories of Ukraine, in which the Russian Federation held «referendums» and elections, were aggressive, the decisive factor was the military power of the Russian Federation, which came into force and met the resistance of sovereign independent Ukraine and the Ukrainian people. It is emphasized that Russia commits war crimes and uses «means of terrorism», one of which is the financing of so-called elections and referendums in the territories of Ukraine temporarily occupied by Russia. Ukraine carries out armed resistance to the inclusion of the territories of Ukraine in which the Russian Federation held «referendums» («referendums» in the Kherson, Zaporizhzhya, Donetsk and Luhansk regions), reacts negatively to manifestations of territorial sovereignty on the part of the Russian Federation, and Ukraine also demonstrates by its behavior, that the referendums held by the Russian Federation in the Kherson, Zaporizhzhya, Donetsk, and Luhansk regions are unconstitutional, and their results and the acceptance of the territories of Ukraine into the Russian Federation do not have legal force.

Юридическая хроника

In the March Legal Chronicle, read commentaries on the decisions of the UN International Court of Justice in Ukraine v. Russia, the Supreme Court of the Russian Federation on the correlation between family relations and the resulting rights to social benefits and allowances, as well as the limits of liability of a legal consultant (Ernst & Young (CIS) B.V. case), and the Government Decree creating grounds for unification of rules for the preparation of territory planning documentation.

Иммунитеты должностных лиц государств от иностранной уголовной юрисдикции: обзор позиций государств

Following the recent changes in the paradigm of the immunity of State officials within the customary international law, the article analyzes the submissions of States to the UN International Law Commission connected to Draft articles on the immunity of officials from foreign criminal jurisdiction. Based on national legislation and jurisprudence provided by States, an assumption is made about the possible universal scope of the Draft Articles, as well as an assumption about its applicability to the Russian criminal procedure.

Was the low-fare public transport in Bonn a success? An evaluation of the climate ticket users and lessons for transportation companies

The transport sector is a major source of air pollution and thus a major contributor to the changing climate. As a result, in the recent past, driving bans have been imposed on cars with critical pollutant groups. As an international UN campus and self-proclaimed climate capital, the Federal City of Bonn declared a climate emergency in 2019 and participated in a federally funded “Lead City” project to optimise air quality. A key goal of the project is to reduce private motorised transport and strengthen public transport. Among the implemented measures, a “climate ticket” was introduced in 2019 whereby consumers could purchase an annual 365 € ticket for all local public transport. This paper reports on an analysis of that ticket’s changes in travel behavior.A quantitative survey (n = 1,315) of the climate ticket users as well as the multiple regressions confirm that the climate ticket attracted more customers to the buses and trams and that a modal shift for the period of the measure was recognisable. The multiple regressions showed that the ticket was perceived significantly more positively by full-time employed users than by unemployed people. The results also show that, in addition to the price, it is essential that travel time and reliability are ensured. Furthermore, the eligible groups of people, the area of coverage, and good connecting services should be extended. To sustainably improve air quality, this type of mobility service must be optimised and introduced on a permanent basis.

Prof. Sevil Atasoy joined the UN International Narcotics Control Board

Prof. Sevil Atasoy joined the UN International Narcotics Control Board

“Namibia exceptions” of the UN International Court of Justice in the field of criminal justice: problems of applicability

“Namibia exceptions” of the UN International Court of Justice in the field of criminal justice: problems of applicability

ВІДПОВІДАЛЬНІСТЬ РОСІЙСЬКОЇ ФЕДЕРАЦІЇ ЗА ЗЛОЧИНИ, СКОЄНІ НА ТЕРИТОРІЇ УКРАЇНИ

The UN has repeatedly condemned Russian aggression and attempts to illegally annex Ukrainian territory, recognized the act of aggression by the Russian Federation against Ukraine (resolutions "Aggression against Ukraine" dated March 2, 2022, "Territorial integrity of Ukraine: protection of the principles of the UN Charter" dated October 7, 2022). Despite the open condemnation of the policy of the Russian Federation and its invasion of the territory of an independent state by the civilized world, the aggressor country continues to pursue its cruel goals, which contradict any prescriptions of international law and international humanitarian law. Every day, the rights of the civilian population, enshrined in the Geneva Conventions, are demonstrably violated through constant mass attacks, the targets of which are precisely the objects of civilian infrastructure. The international legal community is incredibly determined to ensure the possibility of bringing the Russian Federation to justice for crimes committed on the territory of Ukraine. The article analyzes the forms of material and non-material responsibility that are applied and can be applied to the Russian Federation as an aggressor state, the practice of applying sanctions, the requirements of the claims of Ukraine against the Russian Federation submitted to international jurisdictional bodies (the UN International Court of Justice, the International Tribunal for the Law of the Sea , of the European Court of Human Rights), the content and consequences of the decisions made. It is concluded that the appeal to international jurisdictional institutions does not concern the establishment of the fact of aggression by the Russian Federation, the resolution of the issue of the form and extent of the responsibility of the aggressor state. It is proved that the order of the International Court of Justice of the United Nations on the application of temporary measures is mandatory according to international law, which imposes clear legal obligations on the states-parties of the dispute and the violation of which "presupposes the obligation to make compensation in the appropriate form". The issues of state execution of the order and compensation in the proper form are considered by the Court in the decision on the merits of the case. The impossibility of preventing military aggression against Ukraine, the partial limitation of this state through the application of sanctions, give reasons to believe that the available methods and mechanisms of international legal responsibility are insufficient. That is why, at the diplomatic level, Ukraine should create new ways of limiting and holding Russia as a state and its individual citizens involved in the leadership and execution of crimes committed on the territory of Ukraine accountable. Key words: state, state functions, martial law, responsibility, coercive measures, security, armed conflict, sanctions.

Environmental migration: Causes, varieties and features of migration processes

This article examines the concept and essence of migration, environmental migration, as well as environmental migrants. The factors of migration according to the UN International Organization, the causes of environmental migration with illustrative examples of specific regions and countries are presented. The authors examined the types of migration and analyzed migration in the Russian Federation, as well as in the countries of Asia, North Africa, Europe, Australia and Oceania. The specifics of migration to warm countries and migration of the urban population to rural areas (ruralization) with their key factors, as well as the features of the outflow of highly qualified personnel from the Russian Federation, including emigration channels, reasons and plans of emigrants, are considered. In addition to the dynamics of emigration from Russia over the past 30 years, the article discusses the methodology for modeling migration processes and identifies the variables necessary to build a model of the migration process.