Multilateral Agreements Research Articles

The Paradox of Humanitarian Recognition

Eritreans experience what I call the paradox of humanitarian recognition. Beneficiaries of some of the highest refugee-recognition rates in Global North countries, Eritreans nevertheless experience kidnap, ransoming, extortion, and pre-emptive detention in countries of transit like Sudan and Libya. Efforts by the European Union to address these abuses under multilateral anti-trafficking agreements—as well as broader efforts to externalize European borders and asylum—have further contained and criminalized networks of solidarity that extend beyond countries of transit into countries of settlement such as Italy. Based on twenty months of participant observation and interviews with Eritreans in northern Italy, this article analyzes Eritrean migrants’ experiences of violence in Libya, a country of transit, and efforts of Eritrean activists to both bring this violence to light and to aid recent refugees. Eritreans’ experiences of seeking asylum upend the binaries between legal inclusion and exclusion on which refugee exceptionalism is predicated.

Quantifying the impact of trade liberalization on Lao imports (evidence from product-level data)

In pursuing economic development after market-oriented reforms, Lao PDR has actively liberalized imports through engagement in regional and multilateral trade agreements. However, a substantial research gap exists in assessing the impact of this liberalization, especially in terms of ex-post empirical studies, which are essential for nuanced policy evaluation. This study aims to thoroughly quantify the impact of tariff liberalization on Lao imports, specifically examining how the elimination of tariffs under regional trade and multilateral trade schemes affects Lao imports. In this study, a balanced gravity panel dataset at a product level from 2013 to 2022 was constructed using data from the Lao Official Import Management Database for a standard gravity model analysis. Results of this analysis reveal that tariff liberalization has significantly boosted Lao imports with an elasticity of -0.327. Counterfactual analysis strengthens this finding, indicating an approximate 6.7% increase in the average value of imports from 2018 to 2022.

Legal forms, directions and tools of international cooperation in the field of prevention and counteraction of crime against the economic system

This scientific article examines the legal forms, directions and tools of international cooperation in the field of preventing and countering crime against the economic system. The conditions of globalization, internationalization and digital society have significantly increased the importance of international cooperation in the field of law enforcement activities for the formation and implementation of state policy on the prevention and counteraction of criminal offenses against the economic system. The rapid spread of globalization has led to the expansion of the scope of crime and corruption, which go beyond state control and violate the international legal order. The growing scale and threat of crime emphasizes the need to increase the importance of cooperation between states in the fight against this phenomenon, as well as conducting scientific research in this area. The results of the study confirm the need to determine the specifics of legal forms, tools and directions of international cooperation in the field of crime prevention and countermeasures. It has been established that national legislation provides for the use of various legal forms of international cooperation, including the conclusion of bilateral and multilateral agreements, participation in international organizations and cooperation with international police organizations such as INTERPOL, EUROPOL, ASEANAPOL, AMERIPOL, AFRIPOL, GCCPOL, AIMC. It is also important to take into account the specifics of the activities of these international police organizations. In addition, national sources of law were identified that regulate international cooperation in the field of law enforcement. These results highlight the need to develop effective strategies and policies to counter crime that threatens the economic system at the international level.

The Major Challenges Facing the Development of African Countries, and Algeria in Particular, in the Face of Cybercrime

The rapid development of information and communication technologies is closely related to the exponential growth in data volumes. At the same time, the development of enterprise strategies coupled with the digital economy has led to changes in business models and infrastructure solutions. The emergence of innovative industries that extensively use the internet has presented significant challenges to the security of systems and sensitive data, particularly in the field of cybercrime. In order to address the growing issue of cybercrime, African nations, among which Algeria is the largest country, need to build a series of digital barriers in the form of legislation, multilateral agreements, and the development of technical capacity in this area, such as the creation of cybersecurity centers. The implementation of an effective cybersecurity strategy is strongly required on a national, regional, and continental scale. According to the last report of the Global Cybersecurity Index 2020, Mauritius is ranked as the most secure country in Africa in terms of cybersecurity, followed by South Africa in the second rank. A successful economy inherently involves a digital economy and a bold strategy to counter all the “nuisance” of cybercrimes. Algeria, despite its relatively low ranking in the last report of the Global Cybersecurity Index, has made significant progress when compared to its neighbors. With its excellent internet connectivity and a young and dynamic population, Algeria’s positive economic indicators are certain to improve even further with the desired membership it seeks in the BRICS organization. Given these considerations, it follows that South Africa as well as Algeria possess the potential to serve as locomotives for the development of the whole of Africa.

Iran’s Foreign Policy from Non-Alignment to ‘Look to the East’: Between Ideology and Pragmatism

In the wake of the 1979 Revolution, the newly established Islamic Republic of Iran aimed to chart an autonomous foreign policy distinct from the Cold War’s binary dynamics, proclaiming a stance of ‘neither East, nor West’. From the outset, this non-alignment aspiration exposed the many diverse interpretations of this political concept, which served to accentuate Iranian particularism and factionalism. Despite the Islamic Republic’s commitment to the principles of non-alignment over decades, shifts in the global landscape and domestic economic imperatives have gradually pushed Tehran toward more conciliatory approaches with nations beyond the Non-Aligned Movement (NAM), leading it to increasingly align itself with ‘the East’, particularly Russia and China. Since the latter half of the 1980s, Tehran has actively sought to bolster its foreign relations with countries beyond the NAM, culminating in recent developments such as the 2015 multilateral agreement on Iran’s nuclear program and the forging of the respective 20-year cooperation pacts with Russia and China. This article explores the transformation of Iranian non-alignment, examining the various political and economic factors that have compelled the Islamic Republic to uphold its revolutionary ideology of self-determination and independence, while at the same time pursuing more pragmatic policies seemingly at odds with the principles of non-alignment.

Investment Arbitration: A Model for Resolving Property Law Disputes on the Example of Bosnia and Herzegovina and the Republic of Croatia?

Property disputes between Bosnia and Herzegovina and the Republic of Croatia are a reality that burdens the entirety of international diplomatic relations between two neighboring countries of the same subregion. After the dissolution of the Socialist Federal Republic of Yugoslavia (SFRY), numerous issues arose, of which property rights are among the most important. The republics of the former SFRY, as well as natural and legal persons, had their property in the entire territory of Yugoslavia, so it was necessary to adequately protect the existing rights. In this regard, in 2001, the Successor States of the SFRY concluded the Agreement on Succession, in which they agreed on movable and immovable property through seven Annexes. Bosnia and Herzegovina (BiH) started from the view that the comprehensive implementation of the Succession Agreement is the basis of permanent, stable, and friendly relations between the Contracting States and took all that was necessary to return the property claimed by the Successor States. However, the Republic of Croatia did not return the property in the way that Bosnia and Herzegovina did, and the first country started to violate the aforementioned multilateral international agreement. Given that the Agreement on Succession does not offer adequate solutions for the peaceful settlement of international disputes between the Contracting Parties, the paper analyzes the possibility of settlement of said disputes based on investment arbitration, which as a model for the settlement of international disputes is not an instrument used by individuals and legal entities from BiH into a sufficient extent. Equally, in this light, we explore the legal possibilities of the concluded Agreement on the Promotion and Protection of Investments between Bosnia and Herzegovina and the Republic of Croatia (bilateral investment treaty) and present the future of investment arbitration from the perspective of the European Union.

Cashless to classless: a case study of the role of technology and the state in E-payments at Lazada and Shopee in the Philippines

This paper is about how E-Payment systems in online marketplaces such as Shopee and Lazada contribute into the transition towards cashless transactions. Through these technological advances, it is seen to give greater availability for people at all social classes to access financial services such as online payment or transactions without the traditional maintaining fees that are seen in institutional banks. As for methodologies, the data gathering was proceeded with one-on-one interviews for consumers and MSMEs, while Focus Group Discussion is done for government offices with the usage of thematic analysis to treat the coded themes from interviews. Results showed greater access to financial services rendered support for all social classes in the case of the usage in LazadaWallet and ShopeePay and its intermediary medium GCash. One of the major challenges is technicalities within the apps associated and internet connection. Digital literacy also stood as a threat for respondents to fully understand and utilize the benefits that e-payment systems offer. The following data implied that the growth of e- payments to support and uplift the lives of lower social classes heavily relies on the development of technological infrastructure of e-payments and internet system providers. Integrated curriculums, programs, and seminars for technological education are also recommended so that persons of all ages can utilize the services. Multilateral agreements or talks must also be held if Shopee and Lazada sellers must be entitled to taxes as most of the products are also diverse of its origins.

POST-SAFTA INTRAREGIONAL TRADE BETWEEN INDIA AND SAARC

India plays a vital role in improving bilateral relations within SAARC. Since intra-regional trade is one of the major areas of cooperation, multilateral trade agreements among the regional members have been implemented for trade in merchandise. The paper examines the post-SAFTA extent of trade between India and SAARC members grouped under Less Developed Countries (LDCs) and Non-Less Developed Countries (NLDCs). Data for the period 2007-2021 were collected from IMF, DOTS. Percentages, Trade Intensity Index (TII) and Revealed Comparative Advantage Index (RCA Index) have been employed to study the research objectives. Percentages and TII reveal that India constitutes 80 percent of the intra-SAARC export with its trade concentrated with the LDCs, exhibiting greater trade intensity with Bhutan and Nepal. Further, SAARC being an agrarian region, the analysis of RCA Index on data from Trade Map, (ITC) indicate that India enjoys greater comparative advantage in its export of agricultural products to LDCs, especially Afghanistan and Bangladesh, and with Pakistan among the NLDCs. KEY WORDS: Intra-SAARC trade, Revealed Comparative Advantage (RCA) Index, Trade Intensity Index (TII).

Migration of humans fleeing conflict in the Lake Chad region may increase pressures on natural resources in Lake Fitri (Chad): A case study on waterbirds

Abstract Sustainable harvest of wildlife is a major food security and conservation issue. In Africa, where wildlife is harvested mainly for subsistence, this remains a challenge. In this study, using waterbirds as model for natural resources, we assessed the sustainability of harvest through fishing bycatch on Lake Fitri (Chad). We estimated the abundance of 24 target taxa through aerial distance sampling over four consecutive years (2018–2021) and in parallel estimated the number of birds harvested through interviews of a sample of 105 out of approximately 5500 fishermen. By modelling their potential excess growth, we found a high risk of overexploitation for four species, including the world‐threatened Black Crowned Crane Balearica pavonina, likely due to an influx of fishermen to Lake Fitri fleeing the Boko Haram security crisis. Synthesis and applications: This work is likely the first quantitative approach of bird harvest sustainability in Africa. It should contribute to fill a methodological and an information gap in the strategic planification of several multilateral environmental agreements like the African‐Eurasian Waterbird Agreement and the Ramsar Convention. In particular, this work could help implementing adaptive management of natural resources (including birds) in Ramsar site management plans. African wetlands such as Lake Fitri may not be able to provide enough natural resources in the medium term for movements of displaced civilians forced by armed conflict into such biodiversity strongholds.

NATIONAL LEGISLATION GOVERNING ACCESSIBILITY TO DRIVING VEHICLES FOR PEOPLE WITH DISABILITIES

The analysis of normative legal acts and normative documents in the field of ensuring and implementing the rights and guarantees of persons with disabilities was carried out. Areas of improvement of domestic legislation regulat-ing the issue of accessibility to driving vehicles for persons with disabilities have been determined. National legal acts and normative documents related to the mentioned sphere can be divided hierarchically and by types as follows: Constitution of Ukraine; international treaties of Ukraine (conventions, multilateral and bilateral agreements, protocols); codes of Ukraine; laws of Ukraine; acts of the President of Ukraine (decrees); acts of the Cabinet of Ministers of Ukraine (resolutions, orders); acts of ministries and other central executive bodies (orders); acts of local state admin-istrations and local self-government bodies (orders, orders, decisions); normative documents (international, regional and national standards). The formation and implementation of state policy regarding persons with disabilities, including in the part related to the issue of their accessibility to driving vehicles, is carried out on the basis of the norms of the Constitution of Ukraine; Con-vention on the rights of persons with disabilities; laws of Ukraine, in particular “On the basics of social protection of the disabled in Ukraine”, “On the rehabilitation of the disabled in Ukraine”, “On social services”; National strategy for creat-ing a barrier-free space in Ukraine for the period until 2030, approved by the order of the Cabinet of Ministers of Ukraine of April 14, 2021 No. 366-р; Action plan for 2023-2024 for the implementation of the National Strategy for the creation of a barrier-free space in Ukraine for the period until 2030, approved by the order of the Cabinet of Ministers of Ukraine of April 25, 2023 No. 372-р; and other legal acts. Keywords: barrier-free, accessibility, legislation, driving a vehicle, a person with a disability.

Towards a standardized circular economy

The purpose of this article is to outline the future development of the circular economy (CE) concept, which is moving towards a standardized model, although it does not yet have a standardized definition. EC has been developing very dynamically over the past 10–15 years around the world: for example, the process of creating a new multilateral environmental agreement to completely stop the use of disposable plastic products, the development of indicators and tools for implementing the concept, and the introduction of a number of new laws are taking place. Research methodology: an analysis of the process of standardization of a low-carbon economy through the integration of environmental parameters into the socio-economic system (anthropogenic greenhouse gas emissions and their absorption) is carried out from the point of view of reporting by companies. Results of the study: firstly, the key types of reporting by companies on the low-carbon economy and the typology of standards used have been identified. Secondly, existing types of reporting and standards related to the EC model are identified, and possible ways to make the transition to full EC standardization are explored. Originality and contribution of the author: for the first time in Russia, the work presents a comparative analysis between EC and the low-carbon economy, taking into account such parameters as the volumes and dynamics of these markets, the role, structure and prospects for the development of the EPC standardization process.

An operational methodology to identify Critical Ecosystem Areas to help nations achieve the Kunming–Montreal Global Biodiversity Framework

AbstractThe Kunming–Montreal Global Biodiversity Framework (GBF) will become the most important multilateral agreement to guide biodiversity conservation actions globally over the coming decades. An ecosystem goal and various targets for maintaining integrity, restoring degraded ecosystems, and achieving representation in conservation areas feature throughout the GBF. Here, we provide an operational framework that combines disparate information on ecosystem type, extent, integrity, protection levels, and risk of collapse to support identifying irreplaceable “Critical Ecosystem Areas” (CEAs), to help implement these ecosystem targets. The framework classifies each component ecosystem based on its integrity, importance in ensuring no ecosystem collapse, and relative value in achieving ecosystem‐specific representation targets. These CEAs are immediate conservation opportunities given that they achieve multiple ecosystem GBF goals and targets, and we showcase its application using Myanmar's forested ecosystems as a case study.

CARICOM as the Coordination Mechanism for Caribbean Small Island Developing States Participating in the Global Plastics Treaty Negotiations

Abstract The specific processes involved in the Caribbean Community’s (CARICOM) role as a coordination mechanism for its Member States, composed of Caribbean Small Island Developing States (SIDS), participating in multilateral environmental agreement (MEA) negotiations are sparsely documented within academic literature. CARICOM Member States have increasingly suffered from the transboundary movement and deposition of plastic litter on their coastlines. The Intergovernmental Negotiating Committee (INC) convened in November 2022 to develop an international legally binding instrument to manage plastic pollution, including in the marine environment. Known as the global plastics treaty, Caribbean SIDS face inequities in their ability to adequately prepare and participate in this negotiation forum. CARICOM’s history of addressing environmental issues, notably through its participation in MEAs, has positioned CARICOM as a significant negotiating bloc in MEA meetings. This study classifies CARICOM’s systematic coordination processes for preparing its Member States for MEA negotiations and assesses opportunities, challenges and limitations for CARICOM to serve as the coordination mechanism for preparing its Member States for the ongoing global plastics treaty negotiations.

Common Reporting Standard as a model for tax information exchange: mechanism of operation and implementation status in Ukraine

The article studies the Common Reporting Standard (CRS), an information standard for the automatic exchange of tax information between states that are parties to the Multilateral Competent Authority Agreement (MCAA). It also explores the prospects of Ukraine’s participation in the exchange under this standard. The study analyzes the information subject to international exchange, types of financial institutions required to collect and submit tax-relevant information to authorities for international exchange, account types, tax residents, and methods of verifying client integrity when opening accounts. The article aims to systematize knowledge about the prerequisites for creating, the mechanism of intergovernmental tax cooperation within the CRS framework, current results achieved under this standard, Ukraine’s accession status, steps taken by Ukraine towards implementing automatic exchange of tax information, and recommendations for accountable entities and account holders on complying with CRS rules. The study employed a comprehensive research methodology, including a literature review, analysis of normative documents, and comparative analysis. The conclusions emphasize the crucial importance of Ukraine’s accession to the CRS standard for ensuring proper tax compliance and budgetary revenues, particularly amid full-scale Russian aggression. The study also describes the challenges, especially regarding compliance with tax data exchange requirements by financial institutions and account holders. It underscores the need for strong political will from Ukrainian authorities to overcome obstacles and ensure effective CRS implementation. Overall, the study highlights the significant role of CRS in improving tax collection while acknowledging the hurdles ahead. The research perspective on this topic is extensive, given that automatic tax information exchange, particularly under the investigated standard, is currently being established and is relatively underexplored by researchers.

PROTECTION OF THE ENVIRONMENT UNDER OCСUPATION: SCOPE AND CONTENT OF LEGAL OBLIGATIONS OF THE OCCUPIER

The article is dedicated to the problem of the protection of the environment on occupied territories. Due to the fact that the law of occupation doesn’t contain legal rules establishing environmental obligations of the occupying power, the environment on the territories under its authority often becomes a victim of the overexploitation and destruction. At the same time, it is suggested that the current international law, in particular, international human rights law and international environmental law, can be used to fill gaps in the rules of international humanitarian law. Certainly, the scope and the content of occupier’s obligations will be different depending on the instruments applied for the protection of the environment. The author concludes that the occupying state may be bound by its own multilateral environmental agreements, multilateral environmental agreements of the state which territory is occupied or both groups of treaties. A case-by-case approach to environmental human rights protection can serve as a useful tool for the concretization of occupier’s environmental obligations.

Shaping green regionalism: New trade law approaches to environmental sustainability

AbstractGreen regionalism aims to mutually reinforce environmental governance and economic integration. The article provides the first analysis of green regionalism in international law. It argues that green regionalism represents a paradigm shift in global normative endeavours towards environmental sustainability. By contextualising three waves of global regionalism, the article unveils the evolving architecture of green regionalism alongside negotiations of the World Trade Organization and multilateral environmental agreements. Moreover, it sheds light on the pertinent disputes and features of new green initiatives galvanised by the European Union, the United States and Asia‐Pacific countries. These developments are pivotal in understanding the trade‐environment nexus and fostering economic resilience in our hyperconnected world.

Hubungan Hukum Internasional Sebagai Sumber Hukum Dalam Hukum Nasional

International agreements, which may include bilateral, regional or multilateral agreements, are recognized as laws that compel parties to comply (pacta sunt servanda). If an International Agreement has been ratified through a ratification process by a country, then the agreement has binding status and must be implemented by all parties and acts as a source of law in the decision-making process by law enforcement officials. In Indonesia, the same principle is applied to every International Agreement that Indonesia has participated in, whether it has gone through the ratification process or not, where the agreement has binding legal force for all parties involved.

Countervailing impacts of fossil fuel production and exports of electrical goods on energy transitions and climate change

We analyze the implications of fossil fuel production by the U.S. and increasing exports of electrical goods by China on critical mineral prices, energy transitions, and climate change. Using a GVAR model from July 2012 to December 2019, encompassing 12 economies, we employ the dominant unit model and structural identification of shocks. Our findings reveal that increased U.S. fossil fuel production leads to a rise in global CO2 emissions, hampers domestic energy transitions, and triggers changes in critical mineral markets. Fossil fuel emerges as the primary external factor influencing national energy matrices and carbon emissions, highlighting spillover effects from the U.S. energy matrix on the global economy. While U.S. fossil fuel production negatively impacts energy transitions over the long term, Chinese exports of electrical goods contribute to cleaner energy production. These countervailing forces suggest that the global transition to clean energy may occur, but it will be slow. We discuss policy implications, which should: i) promote international trade by reducing protectionist policies and establishing multilateral or bilateral agreements; ii) incentivize the adoption of clean energy; and iii) diminish the incentive to use fossil fuel energy through fiscal and tax policies.

From science-policy interface to science-policy panel: The United Nations’ strengthening of the sustainable life cycle management of chemicals

In recent years, the chemical production and waste generation have been rapidly increasing, presenting substantial hazards to the ecosystem and human well-being. To address this issue, a series of multilateral environmental agreements (MEAs) have been developed internationally, that provide essential decision-making support for the appropriate governance of chemicals and wastes in the participating countries. MEAs have established subsidiary bodies known as science-policy interface (SPI) institutions to provide evidence-based support and scientific assessments for environmental policies. However, the existing SPIs face limitations that hinder their ability to tackle the obstacles presented by the vast quantities of chemicals and wastes currently found in the environment. Therefore, the fifth session of the United Nations Environment Assembly made the decision to establish a science-policy panel to promote the effective management of chemicals and waste and to prevent pollution (SPP-CWP). This panel is intended to be an independent intergovernmental body, similar to the Intergovernmental Panel on Climate Change and Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services. The United Nations Environment Programme convened an ad hoc open-ended working group (OEWG) to design strategies for the SPP-CWP. Since 2022, three OEWG meetings have been conducted, and draft documents outlining the panel's scope, functions, operational principles, conflict of interest policy, institutional setup, work processes, and procedures have been formulated. In this article, we analyzed the background and development of the SPP-CWP and provided updates regarding the progress of the panel's establishment. We also suggested future trends for the SPP-CWP. We concluded that SPP-CWP will be a comprehensive and authoritative international body, providing policymakers with exhaustive reports, consequently strengthening the capacity of life cycle management of chemicals. Thus, the panel will effectively reduce or prevent waste production and pollution, promote material circulation, and minimize resource consumption, making significant contributions to the establishment of a circular economy and an environmentally friendly society.

Development of European aviation integration: Ukraine on the path to the European Common Aviation Area

The development of the EU air transport market is based on the use of a complex structure of institutional regulation and various types of multilateral agreements: "European Common Aviation Area", "Open Skies", "Horizontal" as well as "Common Aviation Area" and "Euro-Mediterranean Aviation Agreement". The article is aimed at disclosing the essence and systematization of key features of integration processes in the field of air transport of the European Union, as well as in its relations with neighbouring countries, including Ukraine, which has intensified its actions on the way to the European Common Aviation Area. Based on using the systematic approach as well as methods of comparative law, logical and historical, the identification of the essence of the multilateral agreements and the systematization of their provisions made it possible to identify the patterns of development of European aviation integration and to highlight three clusters of international agreements which the EU uses to implement its external aviation policy.The assessment of the current state of implementation of the relevant EU Directives and Regulations into the legislation of Ukraine in detail for each specialized component showed directions for further development for integration into the European common aviation area.