Multilateral Treaties Research Articles

Women’s Legislative Representation and Human Rights Treaty Ratification

Abstract Do recent increases in women’s representation around the world have implications for international relations? We argue that greater representation of women in legislatures increases the likelihood of human rights treaty ratification for two reasons. First, given their shared gendered experiences of exclusion and discrimination, women legislators will advocate on behalf of marginalized groups on an international scale as transnational surrogate representatives. Second, women legislators may be more inclined to prioritize the ratification of human rights treaties because these treaties align with their domestic policy preferences, which aim to support marginalized groups. We contend that, in countries where ratification depends upon legislative approval, legislatures are more likely to ratify human rights treaties as women’s presence increases. Using an original dataset of 201 multilateral treaties, we find that countries become more likely to ratify human rights treaties as levels of women’s legislative representation increase.

Leader ideology and state commitment to multilateral treaties

AbstractThe existing literature argues that the left is generally more supportive of multilateralism in foreign policy than the right. However, the impact of ideology on state commitment to multilateral cooperation have not yet been empirically tested adequately. We assess the presence of such a left–right divide on state commitment to multilateral treaties employing an original dataset, containing all the available information about the ratification of the multilateral treaties deposited with the UN Secretary General since 1945. Our results indicate that indeed countries led by left-wing leaders are generally faster at ratifying treaties than those led by right-wing leaders. However, the association between leader ideology and commitment to multilateral treaties is substantially conditioned by regime type and the international context. In fact, we find robust evidence of a significant gap in ratification duration between states led by left-wing and right-wing leaders in democracies but not in other regime types, and during the Cold War but not after. Through such findings, this article provides a contribution to the debate on the impact of ideology on international relations and the drivers of global support for multilateralism.

Environmental ratification moves

For over 60 years, International Environmental Law has produced hundreds of texts aimed at protecting the environment at global to regional scales. Most of these texts do not gather the support of all the states concerned. The reasons for this are analysed here. This retrospective look provides a striking panorama of the current situation. The international and domestic motivations that lead a state to the sovereign decision to ratify or not a treaty, are first recalled and put into perspective in their interdependencies. The analysis of thousands of ratifications of 51 major treaties draws lines of divergence between leading states, follower states, and states reluctant to enter into environmental commitments. On a global scale the latter form a large majority, including most African and Asian states. The states of Northern and Western Europe are among the first to ratify these treaties, followed by other European states. G7 member states occupy vey contrasting normative positions. Overall, three major moves emerge from this global panorama. First, historical and persistent inequalities in the development of countries have cast an indelible shadow on environmental international multilateral treaties which do not bring the expected fruits of development. Second, in environmental matters, over the past 15 years the trend consists in establishing agreements of more restricted range (regional, bilateral), with commitments from states on fairly flexible objectives, adaptable to their social and economic context. Third, these agreements are set within the broadly negotiated and thematically inclusive principles of sustainable development.

Research on Environmental Legal Risks in Foreign Investment of Chinese Transnational Corporations

Since the development of the trend of economic globalization, the number of China's overseas investment projects has risen sharply, but at the same time, the potential environmental problems and risks in the investment process have become evident. This essay discusses the environmental legal risks faced by Chinese transnational enterprises in the process of outbound investment and analyzes the specific impact of host country environmental regulation risk and multilateral treaty environmental regulation risk. As global environmental problems become increasingly serious, the investment activities of transnational corporations (TNCs) may be harmful to the local environment while promoting local economic development. This essay summarizes the current status of research on environmental legal in Chinese and international academia, emphasizes that home countries should take responsibility for environmental protection in their investment places when promoting overseas investment. This essay proposes a strategy covering three dimensions--international level, home country and TNCs, in order to promote the sustainable development of TNCss overseas investment.

International legal standards and practices of European countries in combating domestic and gender-based violence

The relevance of this study lies in the need to improve the legal mechanisms for combating gender-based violence against the background of the increasing number of military conflicts in the world, which create favourable conditions for the latter. The purpose of this study was to analyse the regulatory provisions of international legislation and the practices of certain European countries in preventing manifestations of hatred based on sex and gender and combating domestic violence through criminal law measures. It was stated that legal standards defined by the regulations of international organisations, international treaties, and conventions underlie national and regional standards for combating domestic and gender-based violence. International legal principles of gender equality are defined by the regulatory framework of the United Nations, the Council of Europe, the European Union, and the Organisation for Security and Cooperation in Europe, and other global and European organisations. Human rights provisions recognised by the member states of these organisations through bilateral and multilateral treaties and implemented through ratification are the basis for the formation of national internal standards of the rights of women, children, and persons of all genders. The study concluded that national standards for guaranteeing and protecting human rights in the field of gender equality constitute an implementation of international standards and pan-European provisions, and their implementation in Ukrainian legislation can ensure sufficiently complete and effective implementation of legal measures to combat domestic and gender-based violence. The ideas formulated in this study are aimed at finding more effective criminal law means in lawmaking and law enforcement activities

Dynamic clustering of Asian regionalisms: Empirical testing of United Nations multilateral treaty participation by social network analysis

This paper investigates the evolving clustering and historical progression of “Asian regionalisms” concerning their involvement in multilateral treaties deposited in the United Nations system. We employ criteria such as geographic proximity, historical connections, cultural affinities, and economic interdependencies to identify twenty-eight candidate countries from East Asia, Southeast Asia, South Asia, and Central Asia for this empirical testing. Using a social network analysis approach, we model the network of these twenty-eight Asian state actors alongside 600 major treaties from the United Nations system, identifying clusters among Asian states by assessing similarities in their treaty participation behavior. Specifically, we observe dynamic changes in these clusters across three key historical eras: Post-war reconstruction and transformation (1945–1968), Cold War tensions and global transformations (1969–1989), and post-Cold War era and globalization (1990–present). Employing the Louvain cluster detection algorithm, the results reveal the evolution in cluster numbers and changes in membership status throughout the world timeline. The results also identify the current situation of six distinct Asian clusters based on states’ inclinations to engage or abstain from multilateral treaties across six policy domains. These findings provide a foundation for further research on the trajectories of Asian regionalisms amidst evolving global dynamics and offer insights into potential alliances, cooperation, or conflicts within the region.

Alternative Dispute Settlement in International Law: Resolving Commercial Disputes through Arbitration

The increasing volume of international trade, coupled with the computer-nature of many of these relationships, has led to greater reliance on arbitration to resolve contractual disputes. This settlement of disputes by a non-judicial third party is increasingly called for, in international. Contracts because it is cheaper, quicker, and more private than resolving disputes through litigation. Equally important, however, is the fact that it can take place in a neutral location. The increase trade with countries such as China, Japan and Korea where mediation rather than litigation of disputes is traditional, has given added impetus to this trend. The growing attractiveness has resulted in the establishment of arbitration centers in world capitals such as London, Cairo, Hong Kong and Stockholm and major cities as Geneva and New York. Recognition and enforcement of international arbitration agreements and awards is generally controlled through multilateral treaties. An outgrowth of this trend has been the emergence of several major arbitral institutions that have conducted their own sets of rules and procedures. However, the parties to a contract are free to opt for a more informal or ad hoc arbitration arrangement based on their own set of guidelines. Such agreements are legally enforceable as long as the parties have agreed to abide by the arbitrator’s decision. In Cameroon however, since the passage of the OHADA Treaty was signed and ratified in 2000, it is applicable in the territory of Cameroon. This is the first treaty of its kind in Africa to deal with arbitration matters sometimes referred to as well.

Topical Trends in Outer Space Cooperation/Competition and Perspectives on Space Law

Introduction. Immanent in all history of space activities cooperation and/or competition are currently subject to significant changes. The most meaningful by impact on activity, its forms, subject content and other features, as well as on relevant international legal and national legal framework including perspectives on their development, are the two emerging international partnerships: China and Russia, primarily on the International Lunar Research Station, as well as with other cooperating states; and the United States with partners on the Artemis Program.Materials and methods. Materials – selected by criterion of fundamental impact on the ‘space law’ development examples of international legal and national legal acts underpinning one of the alternative competing international partnerships on the exploration of the Moon and deep space. Methodology includes analysis, synthesis, analogy, as well as combination of comparative law with systematic methods, and modelling with forecasting.Results. It is justified that: 1) it is reasonable to consider the combination of relevant current factors, trends, and processes (including political, economic, and technological) as the components of the branch-specific coordinate system; 2) timely identification of factors with significant impact on the industry development significantly reduces, or absolutely offsets the negative impact of transformational potential of cooperation/competition in outer space on the efficiency of the industry-related forecasting; 3) factors of fundamental impact on the development of the “space law” system are found in the international legal and national legal approaches behind the two alternative international partnerships; 4) the necessity to determine common basis for diverging legal (and other branch-specific) approaches is grounded on economic feasibility; 5) The conditions/criteria of determination of factors of fundamental impact on the system of ‘space law’ are developed; 6) The feasibility of consideration of the combination of challenging issues of space law as the components of the branch specific legal coordinate system is confirmed; 7) It is revealed that meeting priority issues leads to an updated actualization of other unsettled issues of diverse-level within the system of ‘space law’; It is justified that: 8) under actual trends actualization of branch-specific legal issues and their regulation is less dependent on relevant state’s technological potential and more on inclusion in global economic projects and political processes; 9) consideration of matches and differences under specific criteria between international legal and national legal approaches behind the two alternative international partnerships would bring forecasting on perspectives on ‘space law’ closer to real development.Discussion and conclusion. It is reasonable to consider as conceptual foundations for branch-specific risk management the creation of conditions (primarily of economic, technological and strategic character): for transformation of ‘common denominator’ of international legal and national legal approaches of the two international partnerships to the willingness of competing states to harmonize their positions on additional multilateral treaty regulation of issues subject to international space law; as well as for that competition leads to ‘balancing’ of commitment to international obligations, and inclusive development of diverse elements of the ‘space law’ system.

International Law Review Of Space Debris Mitigation Efforts

Space debris has become an increasingly pressing issue in space exploration and utilization. This article conducts a comprehensive review of aspects of international law relating to space debris mitigation efforts. This research analyzes existing legal frameworks, including relevant multilateral treaties and international legal principles related to the space environment. With a focus on the principles of shared responsibility and avoidance of damage to the space environment, the study identifies key challenges in managing space junk and reducing the risk of collisions in earth orbit. An in-depth analysis of the role of national space agencies and international organizations in implementing mitigation measures was also carried out. In the context of international cooperation, this article evaluates existing collaborative efforts and proposes new measures to improve the effectiveness of space debris mitigation. A better understanding of legal responsibility and burden-sharing in addressing these issues became a central point in the study. By analyzing recent developments in space law and international environmental regulations, this article provides insight into the direction the global community might take in addressing future space debris mitigation challenges. It is hoped that this research can provide guidance for policymakers, academics, and legal practitioners in their efforts to maintain a clean and sustainable space environment.

Treaty legalization, security interests, and ratification of multilateral disarmament treaties

Multilateral treaties are essential for the effectiveness of global disarmament efforts. Ratification delays have deep repercussions on international cooperation for disarmament. Yet what determines their duration? In this paper, we offer the first comprehensive study of multilateral disarmament treaty ratification, covering the period between 1976 and 2020. We test the effects of treaty legalization and a country's security situation on the ratification duration. States are slower to join treaties with a high degree of obligation, but faster to join treaties with high degrees of precision and delegation. Engagement in inter-state rivalries slows down ratification. In contrast, we find only statistically weak evidence that alliance embeddedness accelerates it.

The International Court of Justice

In this scientific paper my main focus of research is based on the composition, structure and main function of judges of the International Court of Justice according to countries and geographical regions where they come from, as according to Article 9 members of the court represent the main forms of civilization and the main system legal of the world. This means customary law, civil law and socialist law (now post-communist law). hen the task and function of international judges of law is to resolve disputes between states in accordance with international law and to give advisory opinions on international legal matters. The ICJ is the only international court that adjudicates general disputes between countries, with its decisions and opinions serving as primary sources of international law. Then, we have the creation of the first permanent institution created for the purpose of resolving international disputes was the Permanent Court of Arbitration (PCA), which included all the major world powers as well as some smaller states, and resulted in the first multilateral treaties dealing with the conduct of war. Among them was the Convention for the Settlement of International Disputes in the Pacific, which defined the institutional and procedural framework for arbitration proceedings to be conducted in The Hague, the Netherlands. Although the proceedings would be supported by a permanent bureau - whose functions would be equivalent to that of a secretariat or court register - arbitrators would be appointed by opposing states from a larger group provided by each member of the convention.

Examining the complexities of binding international law on international organisations

PurposeThis paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal obligations akin to states to the extent which could be fulfilled by them. This paper suggests making IOs parties to international treaties like the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic Social and Cultural Rights (ICESCR) and Geneva Convention 1949 to codify their international responsibilities. In addition, it proposes amending multilateral treaties to grant IOs membership and create binding legal obligations for them, thereby enhancing the overall legal framework for IOs.Design/methodology/approachThe paper opted for qualitative analytical approach of research by referring to international treaties and scholarly papers.FindingsThe authors have evaluated the bindingness of international law on IOs. The authors argue that jus cogens and customary international law are equally binding on IOs. However, treaties could only be binding on IOs to the extent of their consent. The authors have assessed prior violations of IOs. The authors argue that, to prevent such violations by IOs, creating obligations is the first step. Second, amendments are required in the existing international treaties that reflect the foundations of international humanitarian and international human rights law like the Geneva Convention 1949, ICCPR, and ICESCR, to permit IOs to join these treaties, resulting in binding international legal obligations.Research limitations/implicationsThe most prominent assertion of this paper is that IOs as subjects of international law are bound by the principles of international law, including treaty law with consent, customary international laws, general principles of law and peremptory norms. To fulfil these obligations, a regime needs to be introduced wherein amendment is made in treaties to make IOs parties to them and structuring the law on responsibility for IOs. Considering the multifaceted nature of IO, the role it performs in contemporary times requires them to be bound by rules of international law just like states. There is a need to settle their position in global governance and give them more teeth to understand and fulfil their duties to ensure smooth functioning in the long run.Originality/valueThe paper fulfils an identified gap in the positioning of IOs under the international law.

International multilateral treaties in the system of sources of legal regulation of the process of recognition and enforcement of foreign judgments in family disputes

International multilateral treaties in the system of sources of legal regulation of the process of recognition and enforcement of foreign judgments in family disputes

Legal Challenges in Prosecuting the Crime of Aggression in the Russo-Ukrainian War

Abstract The Russian invasion of Ukraine has opened a debate over how to ensure accountability for the supreme international crime, namely the crime of aggression. Prosecuting the crime of aggression related to Russia’s attack on Ukraine is hampered by the fact that neither country, Russia nor Ukraine, are Member States of the Rome Statute, which established the International Criminal Court (icc) and transferred the crime to its jurisdiction. As a result, this article will examine how and in what ways the crime of aggression may be prosecuted in the context of the Russo-Ukrainian war, with a particular emphasis on prosecuting the crime through the icc, domestic courts, or by establishing an ad hoc tribunal. Based on an analysis of the legal aspects of prosecuting the crime of aggression, the article suggests that currently, the most appropriate approach to prosecuting the crime in the context of the Russo-Ukrainian war is to establish an international ad hoc tribunal, either through a treaty signed by the United Nations and Ukraine on the basis of a referral from the United Nations General Assembly and the United Nations Secretary-General or a multilateral treaty between Ukraine and other states supported by the United Nations.

Jurisdiction over Transnational Quantum Networks

The international quantum communication networks develop; governance and legal jurisdiction remain unclear due to jurisdictional gaps in existing legal frameworks. Analysis of applicable accords, state practice, court judgments and domestic law related to digital infrastructure reveals minimal current governance explicitly addressing jurisdiction over global quantum systems. Results indicate specialized multilateral treaties are necessary to establish acceptable jurisdiction given quantum computing's novel abilities allowing exponentially scalable computing, cryptographically secured data transfers and precision metrology. Centralized supranational authority and distributed governance models reflect policy trade-offs for advancing global networks. Like historical technologies such as aviation and the Internet requiring years of legal development to mature, progressing quantum networks need focused creation of an internationally harmonized legal framework to balance security, sovereignty and innovation across a landscape holding tremendous transformative potential.

Reformation of Indonesian Insolvency Regulation on Execution of Cross-Border Assets Based on the European Union

The current possibility of hassle-free negotiations and transactions across countries allows international trade to be a significant source of profit for businesses in Indonesia. In the process, businesses are often exposed to risks of insolvency for being unable to repay debts. An insolvent debtor owning assets in other countries shifts the case to a cross-border insolvency case. As there is currently an absence of cross-border insolvency regulation in Indonesia, this paper therefore aims to reform Indonesian insolvency regulation through analyzing and applying learning points from the European Union’s success in managing cross-border insolvency. This paper identifies as legal normative research and is done through prescriptive analysis. The data used is secondary data obtained through a literature review, which includes primary and secondary sources. This paper uses the statute approach and will be analyzed qualitatively. Through the discussion, it is suggested that Indonesia adopt several relevant aspects of the EU regulation. To ease implementation, Indonesia should consider moving towards the reformation as a part of ASEAN. Alternatively, Indonesia can also independently engage in bilateral or multilateral treaties. To add on, Indonesia should advance from the idea of absolute territorialism or absolute universalism and instead seek to implement modified universalism in its cross-border insolvency regulation.
 

Trick or treaty? An empirical analysis of the treaty ratification process in Italy

Treaties are a fundamental tool of international politics. Therefore, existing literature has long investigated their ratification, the act through which an actor commits itself to the treaty’s content and its determinants. However, we believe this scholarship has three substantial limitations: a lack of comprehensive assessments of the differences between bilateral and multilateral treaties, a limited attention to small and middle powers, and a substantial neglect of the impact of cabinet ideology. We address these gaps by exploring the dynamics of treaty ratification in Italy. Our analysis covers all the treaties signed and ratified by Italian policymakers between 1994 and 2022 that underwent parliamentary approval. We find that multilateral treaties take, on average, more time to get ratified than bilateral ones. Treaties regarding areas such as environment and human rights are also subject to longer ratification processes. The presence of left-wing cabinet coalitions tends to increase the likelihood of ratification. Through these findings, the article contributes to the understanding of treaty commitment in middle powers. It also provides an innovative point of view in the debate on Italian foreign policy and its domestic drivers.

Compliance with Decisions of the Dispute Settlement Bodies of the UN Convention on the Law of the Sea

Abstract The UN Convention on the Law of the Sea (‘UNCLOS’) not only establishes a suite of maritime zones and sets out the rights and duties of States therein, but it is also one of the few multilateral treaties that includes a complex dispute settlement regime creating compulsory jurisdiction for disputes relating to its interpretation or application. Given that the UNCLOS dispute settlement regime has now been in operation for close to 30 years, it is timely to consider whether the cases instituted under the regime are resulting in decisions with which the parties comply. This study is the first to examine compliance in relation to all judgments issued pursuant to the UNCLOS compulsory dispute settlement regime to date.

The role of African airlines in air transport liberalisation

Background: The African aviation liberalisation process began in 1988, following the liberalisation processes in Europe and the United States (US). However, by 2023, Intra-Africa air services are still reliant on the Bilateral Air Services Agreement (BASA) by which international traffic rights are exchanged in terms of the 1944 Chicago Convention, a multilateral treaty. These impose restrictions on intra-African connectivity and are obstacles to liberalisation. African multilateral initiatives, such as the Yamoussoukro Declaration, have varying levels of implementation by African states. While liberalisation efforts have major impacts on airlines, thus far these have been led by government structures.Objective: The main objectives of the study are to determine the involvement of airlines in African liberalisation development and the likely impact of the liberalisation initiatives on airline operations.Method: Semi-structured interviews were conducted with 12 intra-Africa airline executives from four Regional Economic Communities (REC), which would be impacted by liberalisation.Results: The study finds that airlines do not fully participate in the development of liberalisation initiatives. Although sometimes consulted, their associations are usually only granted observer status at deliberations and negotiations. The likely impacts of the initiatives to airlines include direct connectivity, and harmonised African air transport access.Conclusion: The lack of airline participation may be a key reason for the slow progress towards liberalisation and full deregulation in Africa.Contribution: This study contributes to the body of knowledge, by being the first study to consider the role of airlines in the development of liberalisation initiatives.

The LOSC: ‘A Constitution for the Oceans’ in the Anthropocene?

Abstract Since being described as a ‘constitution for the oceans’ at its adoption in 1982, the United Nations Convention on the Law of the Sea (‘LOSC’) has evolved to hold a special status among multilateral treaties. As a constitution—actual or perceived—the LOSC has provided the framework and processes for a relatively dynamic law of the sea that has developed to address new environmental, technological and geopolitical challenges in the forty years since its adoption. By necessity however, these developments have been incremental in nature and have been confined by the parameters of the LOSC constitution. In this article, I argue that such incremental change will be insufficient if the law of the sea is to adapt to the Anthropocene, our current geological and geopolitical Epoch. In this article, I argue that the characterisation of the LOSC as a ‘constitution for the oceans’ has become a straitjacket for the regime and is preventing the serious exploration of alternative epistemological imaginaries of the law of the sea. I argue for a quiet abandonment of the description of the LOSC as a ‘constitution for the oceans’ and the actual and perceived consequences of the appellation.