International Law Issues Research Articles

Interview with Franz Perrez

Franz Perrez is Director-General of the Directorate of International Law at the Federal Department of Foreign Affairs (FDFA), Switzerland. He is responsible for the development and interpretation of international law and ensuring that Switzerland's strategic rights are respected abroad. As a member of the FDFA senior management, Mr Perrez is also jointly responsible for the FDFA's strategic approach and advises the Federal Council, Switzerland's representatives abroad and other Federal Administration offices on international law issues. Prior to his new role Mr Perrez was appointed Switzerland's Ambassador for the Environment and Head of the International Affairs Division at the Federal Office for the Environment (FOEN) in 2010. In this capacity, he headed the Swiss delegations to international environmental and climate negotiations for thirteen years. After studying law in Bern and Paris, Mr Perrez worked at the FDFA's Directorate of International Law from 1993 to 1995. He went on to study at New York University, where he gained a master of laws focusing on international law and completed a PhD thesis on the topic of sovereignty as a principle of cooperation. On returning to Switzerland, he took up a position at the World Trade Organization (WTO) Division of the State Secretariat for Economic Affairs, before joining the FOEN in 2001. Mr Perrez has proven expertise in international law. He has widely published in the area of international environmental law, international environmental governance, the relationship between trade and the environment, and public international law. Since 2008, Mr Perrez has also lectured on international environmental law at the University of Bern School of Law. He served as a panellist on the newest WTO tuna–dolphin dispute between Mexico and the United States, and as Switzerland's Ambassador for the Environment and Chief Negotiator for Environmental Issues, namely climate change, biodiversity, chemicals and waste, he led the Swiss delegation to the Rio+20 conference and to the Paris Climate Change Conference in 2015. He was President of the Basel Convention (COP 11 in 2013) and President of the Rotterdam Convention (COP 8 in 2017) and facilitated the negotiations on mitigation of the Paris Agreement. Through his work within and outside of Switzerland, he has built strong networks around the world and within the Federal Administration.

Fisheries law enforcement in the yellow sea by Chinese coast guard agencies: Legal sources, core issues and dispute settlement

As an important aspect of maritime law enforcement, fisheries law enforcement is no longer solely within the sovereignty of coastal states. Instead, it has become a complex issue of domestic and international law, especially in disputed waters. This essay focuses on the Yellow Sea area, first sorting out the legal sources of fisheries law enforcement by Chinese Coast Guard Agencies, and then discussing core issues closely related to fisheries law enforcement in the region, including the definition of Chinese jurisdictional waters, the right to use weapons by authorized agencies, and administrative procedures for fisheries law enforcement. Meanwhile, this essay considers alternative options and potential pathways on both domestic and international levels, through which China and South Korea might settle their disputes arising from fisheries law enforcement activities. On this basis, a regional cooperation framework is argued to be established to eliminate differences, reach consensus, and promote peaceful, harmonious, and effective fisheries law enforcement activities between the two states.

Gaskeuniversiteete (Mid Sweden University) to Host 2024 Polar Law Symposium

In September 2024, Gaskeuniversiteete (Mid Sweden University) will host the Polar Law Symposium. It will be the first time a Swedish university hosts the symposium. This symposium, which began in 2008 during the fourth International Polar Year, serves as a venue for scholars and practitioners to address emerging issues in international law and policy pertaining to the polar regions. This year’s event is scheduled for September 23–25 in Staare (Östersund), Sweden, located in the southern part of Saepmie. The symposium will focus on two primary themes: Implementation of International Minority and Indigenous Law at National Levels, and Governance, Resources, Security, and Jurisdictional Issues in the Circumpolar Area. Mid Sweden University’s role as the host underscores its high-quality multidisciplinary research profile, and growing commitment to Saami studies and research, furthering its mission to enhance collaboration with the Saami community.

Conflict in Transnistria and OSCE efforts for its settlement: issues of international law and international relations

Conflict in Transnistria and OSCE efforts for its settlement: issues of international law and international relations

Perlindungan Warga Negara Indoneisa di Luar Negeri Berdasarkan Hukum Internasional

The protection of citizens abroad has become an important issue in contemporary international law. Every country has an obligation to protect its citizens, both inside and outside its territory. However, the implementation of this protection often faces various challenges, especially related to state sovereignty and the principle of non-intervention in international law. This article aims to analyze the international legal basis regarding the protection of citizens abroad, as well as the practices carried out by countries in carrying out these protection obligations. The research method used is juridical-normative with a case study approach. The research results show that the protection of citizens abroad is based on the principles of international law, such as state responsibility, human rights and protection obligations. Countries have developed various mechanisms and legal instruments to realize the protection of their citizens, either through diplomacy, consular or other measures. However, its implementation still faces challenges related to the limitations of state sovereignty and the principle of non-intervention. This article concludes that the protection of citizens abroad is an international legal obligation that must be implemented by every country. Efforts are needed to strengthen the international legal framework and cooperation mechanisms between countries to ensure effective protection for their citizens abroad.

Региональная интеграция и новые вызовы международному правопорядку

The article reviews issues of the contemporary international law and order within the framework of challenges and threats to international and regional security. The authors raise issues of types of international and regional security threats and the search for legal means to overcome them. The paper notes the role of the Eurasian Economic Union and the Union State of Russia and Belarus in maintaining stability of the international law and order in the contemporary conditions of international turbulence.

Reasonableness: a guiding light—A probe into the World Court’s landmark judgment on substantive standards of investment protection and its takeaways for investment treaty tribunals

Abstract In its recent Judgement on Certain Iranian Assets, the International Court of Justice (ICJ) extensively addressed various international investment law issues that arose from the interpretation and application of an FCN (Friendship, Commerce, and Navigation). This represents a rare instance of the World Court addressing such matters to such a great extent. Chief amongst the Court’s holdings was the test put forward by the ICJ for assessing the ‘reasonableness’ of state measures for the purpose of evaluating their compliance with international standards of investment protection such as ‘fair and equitable treatment’ and ‘non-expropriation’. Acknowledging a trend in investment treaty jurisprudence, the Court went on to introduce more concrete yardsticks for examining the ‘reasonableness’ of state measures. The ICJ’s holdings on this matter could contribute to the enhanced ‘certainty’ and ‘predictability’ in decisions concerning ‘fair and equitable treatment’ standard and ‘non-expropriation’ obligation. The application of the tests of ‘reasonableness’ formulated by the ICJ in the field of investment treaty law could provide states with a greater margin of appreciation when exercising their ‘right to regulate’. In practical terms, as opposed to a stringent ‘proportionality’ analysis, the ICJ’s formulation of ‘reasonableness’ would mean an alleviated burden of proof for states to justify the propriety of their measures towards foreign investors.

Protection of Medical Personnel in Armed Conflict: A Review of the Provisions of International Criminal Law

The protection of medical personnel in armed conflict is an important issue in international criminal law. This article provides an overview of the provisions governing such protection. This review covers various aspects, from the definition of medical personnel to the protection afforded in conflict situations. This research uses document analysis methods to collect data from various sources such as international conventions, agreements and other legal documents. It is hoped that the findings of this research will provide a better understanding of the protection of medical personnel in the context of international criminal law

CONCEPT AND CHARACTERISTICS OF INTERNATIONAL LEGAL REGULATION OF THE RIGHTS OF PERSONS WITH DISABILITIES IN THE SPHERE OF SOCIAL PROTECTION

The article extensively examines the issues of international legal regulation of social protection for persons with disabilities and identifies its main characteristics. An analysis of the compliance of Ukrainian national legislation with international legal standards, including conventions and treaties regulating this issue, is conducted. Acts of international law at both the general and regional levels that define the rights and obligations of states in the field of social protection for persons with disabilities are analyzed. Special attention is paid to the role of the European Court of Human Rights in ensuring the protection of the rights of persons with disabilities in the field of social protection. The contribution of Ukrainian scholars to the development of scientific thought on social protection for persons with disabilities is also investigated, indicating Ukraine’s active participation in this international issue. The article also focuses on the historical context of the formation of international legal regulation of social protection for persons with disabilities. The stages of development of this issue in international law are explored, and the main achievements in this direction are identified. In addition, the role of various structures and organizations in shaping and implementing international standards in this area is noted. Such comprehensive analysis contributes to a better understanding of contemporary challenges and opportunities in ensuring social protection for persons with disabilities at the international level. The prospects for further development of international legal regulation in this area are discussed, and possible directions for further research are identified.

Codification of European Private International Law!

Codification of European Private International Law!

On the International Law Issues of Crimean Public Investment in Russia

On March 16, 2014, Crimea held a referendum to leave Ukraine as part of the Russian Federation. The referendum is a legal procedure used by the people of a region when applying the principle of national self-determination, while the public investment in Crimea involves national sovereignty and territorial integrity. So, when the principle of national self-determination and territorial integrity conflict, does the referendum comply with international law and be recognized? Crimea and public investment in Russia are the case of "foreign self-determination". This paper analyzes the applicable conditions of "foreign self-determination" and the situation of the Crimean people's exercise of the right of national self-determination, and makes specific judgments on the legitimacy of Crimea and public investment in Russia.

On the International Law Issues of Crimean Public Investment in Russia

On March 16, 2014, Crimea held a referendum to leave Ukraine as part of the Russian Federation. The referendum is a legal procedure used by the people of a region when applying the principle of national self-determination, while the public investment in Crimea involves national sovereignty and territorial integrity. So, when the principle of national self-determination and territorial integrity conflict, does the referendum comply with international law and be recognized? Crimea and public investment in Russia are the case of "foreign self-determination". This paper analyzes the applicable conditions of "foreign self-determination" and the situation of the Crimean people's exercise of the right of national self-determination, and makes specific judgments on the legitimacy of Crimea and public investment in Russia.

Examining Article 36 of the United Nations Charter, the judicial responsibility of the International Court of Justice in settling disputes between countries in international lawsuits

Field and Aims: This article focuses on Article 36 of the UN Charter and examines the jurisdiction and responsibilities of the International Court of Justice (ICJ) in resolving disputes. The aim Is to strengthen the resolution of International disputes and enhance the role of the ICJ in the United Nations. Method: This research uses the normative legal research method to analyze the provisions and cases through qualitative analysis of documentary data and library materials. Finding and Conclusion: findings indicate that the International Court of Justice has jurisdiction over cases referred to it and matters specified in the UN Charter and relevant treaties. The jurisdiction of the ICJ includes treaty interpretation, dealing with issues of international law, determining breaches, and awarding reparations. The court's decisions are binding and require compliance by states. Article 36 leads to declaratory judgments, compensation, and restitution in integrum. However, the jurisdiction of the ICJ is limited and relies on the consent of states for effectiveness.

International Law Issues and Countermeasures of Refugee Protection

On January 17, 2022, the Russia-Ukraine war broke out, and on October 11, 2023, a new round of Israeli-Palestinian conflict broke out. In the context of the continued escalation of the Russia-Ukraine conflict and the renewed Israeli-Palestinian conflict, the international community is facing an increasingly severe problem of illegal immigration and refugees. At present, scholars at home and abroad have made a lot of achievements in the research of the world refugee problem in the areas of the concept of refugees, causes, responses to refugee problems, and solutions. However, domestic academic circles have done more research on regional or national refugee issues, such as European refugees, North African refugees, Syrian refugees, etc., and the research on the world refugee issue from a global perspective is relatively weak. This article is to study the refugee protection issue from the international legal level it is to discuss refugee protection from the global perspective.

International Law Issues Concerning Marine Environment Protection in the Arctic

International Law Issues Concerning Marine Environment Protection in the Arctic

청정수소 인증제에 대한 통상법적 고찰

A clean hydrogen certification scheme can be designed in the form of mandatory technical regulations or voluntary standards, and it is very important by what criteria clean hydrogen will be classified. The technical regulations and standards of the TBT agreement include those for PPMs, and it has been debated whether NPR-PPMs that are not directly related to the final product, such as a clean hydrogen certification scheme, can be included. In particular, in the case of technical regulations that include labeling requirements, such as Korea’s clean hydrogen certification scheme, it can be even more problematic to what extent NPR-PPMs will be applied.
 Based on the premise that the scope of the TBT agreement can include NPR-PPMs, the issues of international trade law that may arise from the clean hydrogen certification scheme were examined, focusing on the TBT agreement. First of all, the clean hydrogen certification schemes introduced by the central government of WTO member states are likely to be recognized as a ‘technical regulation’ due to its mandatory nature. In addition, inspection, tests and samplings conducted to satisfy the requirements of the technical regulation of the clean hydrogen certification scheme can be evaluated as a ‘conformity assessment procedure’. Even in the case of voluntary ‘standard’, there is also a clean hydrogen certification scheme created by non-governmental standardizing bodies in each country. Therefore, the implications of the clean hydrogen certification scheme as a technical regulation or standard and the related conformity assessment procedure in the TBT agreement were examined.

SPECIFIC ASPECTS OF THE LEGAL AND REGULATORY FRAMEWORK FOR CYBERSECURITY IN DIFFERENT COUNTRIES OF THE WORLD IN THE CONTEXT OF THE INTERNATIONAL SECURITY SYSTEM

Cybersecurity is emerging as a critical issue in contemporary international law, with significant implications for the security of nations. The use of information and communication technologies poses potential threats to various aspects of societal and state functioning, prompting the international community to explore the establishment of a comprehensive legal framework for cooperative efforts in the area of cybersecurity. 
 The article describes the evolution of regulatory and legal mechanisms dedicated to securing cyberspace. The narrative emphasises that the establishment of rules governing activities in cyberspace requires careful consideration of cybersecurity, the protection of personal data, and the fight against cybercrime and cyberterrorism.
 Looking to the future, the analysis of international legislation identifies areas for improvement in the area of cyberspace security under current conditions.

Identifying the Legitimacy of the Taliban Government and the Resurrection of Peace in Afghanistan

A government’s legality and its recognition need to be tested through the lenses of international law where the government changes through unconstitutional measures. The Taliban’s coming to power in Afghanistan is through unconstitutional and undemocratic means. Its control over Afghanistan raises questions about the fundamental nature of international law, politics, the State’s internal governance, and issues crucial for international peace. These matters although of primary concern, however, compromised to a secondary position as their accomplishment is contingent on peace being restored and guaranteed by the class of people in the ruling hierarchy. Since the Taliban government is not recognised by many States, it puts to test, the international law criteria for recognizing the government of the State. The reluctance shown by the comity of nations in recognizing the government, further raises the related issue of international law, that how the comity of nations can create an inroad for human rights and peace in Afghanistan. The objective to establish peace in Afghanistan, by identifying the legitimacy of the Taliban regime, touches the core aspect of de jure government as recognized by international law and is also a key concern for setting the trust of Afghan people in international law and international institutions. This article sets the premise to know the position of international law, for recognising a government in a State where the change of government is not established by legal measures and therefore not recognised by other nations. Besides, the author attempts to explore the possibilities of setting the foundation and establishing human rights and related objectives for sustainable peace in Afghanistan. The author sets the dialectical discourse, for setting a roadmap to achieve peace in Afghanistan by applying international law provisions through international institutions.

China's transboundary hydropower development at home and abroad: exploring the regulatory interface between international water law and international economic law

China, located upstream on most of the major transboundary waters shared with vast populations across Asia, is heavily invested in developing hydropower at home and abroad. Some of this hydropower development involves freshwaters that cross national borders raising complex issues in international law, a situation exacerbated by growing economic, environmental, and regional security pressures. In such a context, where conflicts-of-use are almost certain to arise, it is essential to understand the rules that apply so as to enhance opportunities for enhanced transboundary water cooperation. This paper examines the rules of international water law and international economic law that apply to transboundary hydropower development, with a focus on China as one of the key actors in this field. The aim is to examine the regulatory interface of relevant legal frameworks with a focus on China's approach to transboundary hydropower development at home and abroad. While international economic—and more specifically international investment law—is not directly concerned with international water law, host states and foreign investors must be informed, and take into account, the legal obligations governing transboundary waters. China's position as a major water user (at home) and significant investor (abroad) on transboundary waters, makes it a unique case study for exploring the rules of international law that apply in two different regulatory settings. The work examines the rules of law in each of these domains and reveals the inapparent linkages across these seemingly unconnected areas of international regulation.

Moral Damages in International Investment Law

This article discusses the notion of moral damages in international investment arbitration. Although there are currently more than 2500 bilateral investment agreements (hereinafter — BIT) in force, none of them regulates moral damages. The analysis focuses on the historical background of moral damages, which shows that international law has not been overly concerned with their assessment within the last hundred years. As such, despite their almost universal acceptance by international courts and tribunals, there is still no guidance for tribunals on how to approach moral damages, making their assessment a topical issue of modern international law. The article highlights the reasons tribunals give for either completely disregarding such claims, or granting merely symbolic sums, such as non-tangible nature of moral damages, lack of any concrete evidence, or an extremely high threshold. The author concludes that international law still lacks a strict and uniform test, when it comes to moral damages, which are bound to face rather broad and subjective decisions rendered by the tribunals. The author further discusses the problem of assessing moral damages, which also lacks established methodology, and often refers to national law of domestic legal systems instead of a unified standard. In some cases, tribunals do not provide any reasoning or legal basis for their assessment. The author concludes that in the absence of a strict test, investment tribunals may turn to human rights instruments to make the assessment of moral damages clearer and more consistent.