National Jurisdiction Research Articles

Changes in cannabis attitudes and perceptions in the five years following recreational legalization in Canada: Findings from an observational cohort study of community adults.

Changes in cannabis attitudes and perceptions in the five years following recreational legalization in Canada: Findings from an observational cohort study of community adults.

THE POWERS OF THE SECURITY COUNCIL TO DEFER INVESTIGATIONS AND PROSECUTIONS BEFORE THE INTERNATIONAL CRIMINAL COURT

Objectives: This article aims to analyze the powers of the United Nations Security Council (UNSC) under the UN Charter and the Rome Statute, focusing on its authority to refer cases involving international crimes to the International Criminal Court (ICC) and its ability to defer investigations or prosecutions. It seeks to examine the legal foundations, practical implications, and controversies surrounding these powers, particularly their impact on the pursuit of international justice and the prevention of impunity. Theoretical Framework: The study is rooted in international legal theory and institutional analysis, exploring the intersection between international peacekeeping responsibilities (as defined by the UN Charter) and global criminal justice mechanisms (as established by the Rome Statute). It also considers the principles of the rule of law, accountability, and the doctrine of complementarity, which governs the relationship between the ICC and national jurisdictions. Method: A doctrinal legal analysis was used to examine the relevant provisions of the UN Charter and the Rome Statute, particularly Articles 13(b) and 16 of the Rome Statute. The analysis includes case studies of actual UNSC referrals (e.g., Darfur and Libya) and deferrals (or attempts thereof), and draws on academic literature, UN documents, and ICC jurisprudence to assess the practical use and limitations of these powers. Results and Discussion: The article finds that the UNSC holds significant influence over the work of the ICC through its power to: Refer situations involving international crimes to the ICC, including those occurring in non-State Parties. Defer investigations or prosecutions for renewable 12-month periods under Article 16. These powers have been used selectively, raising concerns about politicization, inconsistency, and double standards. While referrals can be a powerful tool in enforcing accountability, deferrals may risk undermining the ICC’s independence and credibility. The dual nature of these powers exemplifies the ongoing tension between the political functions of the UNSC and the judicial mandate of the ICC. Research Implications: This analysis contributes to the broader discourse on the legitimacy and accountability of international institutions. It underscores the need for clearer criteria and greater transparency in UNSC decisions affecting the ICC, in order to maintain the integrity of international criminal justice and avoid undermining trust in global governance systems. Originality/Value: The article provides a timely and critical examination of a complex and often controversial aspect of international law. By evaluating both the legal basis and the real-world application of UNSC powers vis-à-vis the ICC, it offers valuable insights into the balance between peace and justice, and advocates for reforms that would ensure a more consistent and principled use of these powers.

Transnational Forest Governance Arrangements dataset (TFGA-dataset)

Key messageThe Transnational Forest Governance Arrangements dataset is the first to compile a comprehensive set of governance arrangements whose spatial ambits span three or more national jurisdictions, and which formally address forests as a main issue. As this dataset provides information on key institutional variables of these arrangements for the year 2023, it can be reused to assess the theoretical argument that regional governance arrangements are more effective than their global counterparts, as well as to explore the drivers of institutional fragmentation in transnational forest governance. The complete dataset is available at https://zenodo.org/records/14831667. The metadata describing the data-set is available at: https://metadata-afs.nancy.inra.fr/geonetwork/srv/fre/catalog.search#/metadata/42c6ab18-14e8-4bd7-9669-991896c1e467.

Mapping Important Shark and Ray Areas (ISRAs) in the Central and South American Pacific: Existing knowledge and data needs.

Identifying critical habitats is key to the conservation and recovery of threatened species. A third of chondrichthyans (sharks, rays, and chimaeras) are threatened with extinction but robust biological and ecological information to delineate critical habitats for many species remains limited. Here, we investigated (1) research outputs and trends across the Central and South American Pacific region to determine whether sufficient information was available to identify critical habitats; (2) whether regional Important Shark and Ray Areas (ISRAs) were spatially representative; (3) what species and which ecological traits were most commonly used in the delineation of critical habitats; and (4) discuss how ISRAs can inform research priorities and area-based management in support of chondrichthyan conservation. Sixty-five ISRAs were identified for 97 of 190 chondrichthyan species occurring in the region (51%). Across key life-history processes, reproductive areas were most identified (n = 50). Of 821 published studies (2,160 entries), 31.48% (28% entries) primarily focused on fisheries and 48.51% included enough information to inform the ISRA process. Most (58.98%) of these studies originated from Mexico (n = 342, 744 entries) and Ecuador (n = 147, 276 entries). France and Honduras had the least regional research outputs relevant to apply the ISRA Criteria. Significant ecological data gaps were identified in oceanic (including areas beyond national jurisdiction), deepwater (>200 m), and along the southern part of the region (i.e., southern Chile). Deepwater species, chimaeras, and 21% of threatened species had knowledge gaps that did not allow the identification of ISRAs. If area-based management decisions in this region were based on ISRAs, and effectively implemented and enforced, diversity hotspots and at least 97 species could receive protection, including 79% of threatened species and 54% of those considered range-restricted. Increased monitoring and research efforts, with a corresponding increase in funding to fill existing gaps is key to support the identification of important habitats across this region.

Scope effects and willingness to pay for deep sea management practices within and beyond national jurisdictions.

Scope effects and willingness to pay for deep sea management practices within and beyond national jurisdictions.

The use of Atlantic seascapes for marine protected areas planning in the context of the marine biological diversity of areas beyond National Jurisdiction agreement.

The use of Atlantic seascapes for marine protected areas planning in the context of the marine biological diversity of areas beyond National Jurisdiction agreement.

Re-evaluating particularly sensitive sea areas as an area-based management tool: advancing the implementation of the BBNJ agreement

As a sectoral Area-Based Management Tool (ABMT) under the IMO regulatory framework, Particularly Sensitive Sea Areas (PSSAs) play a crucial role in preventing pollution from vessels. PSSAs allow coastal states to adopt Associated Protective Measures (APMs), including navigational restrictions and discharge controls, enabling more flexible and adaptive regulatory measures to prevent vessel-source marine pollution. The designation criteria and discharge control requirements for Special Areas under MARPOL73/78 are generally more stringent than those for PSSAs, particularly in Areas Beyond National Jurisdiction (ABNJ). This study analyzes the applicability and implementation of PSSAs as an ABMT within the framework of the BBNJ Agreement. It specifically addresses vessel-source marine pollution, a significant threat to marine ecosystems in ABNJ, and emphasizes the need for PSSAs as a legal tool to effectively prevent and mitigate this pollution. As a result, the study explores whether PSSAs can be adopted or applied as ABMTs under the BBNJ Agreement and presents improvement measures to enhance their effective implementation.

The BBNJ Agreement: Achievements and Prospects

Abstract After lengthy and challenging consultations and negotiations, the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (‘BBNJ agreement’) was adopted in 2023. The BBNJ Agreement fills a critical gap in international law by establishing comprehensive legal principles, rules, and institutional arrangements specifically designed to manage biodiversity in areas beyond national jurisdiction. It introduces the ‘not undermining’ principle to ensure that it does not diminish the effectiveness or objectives of existing relevant legal instruments and frameworks and relevant global, regional, and sectoral bodies (IFB s). The Agreement also establishes new legal systems for access to marine genetic resources and limited benefit sharing, area-based management tools including marine protected areas, state-led environmental impact assessments in high seas and international seabed areas supplemented by limited internationalization, and addresses capacity-building and marine technology transfer. However, the effective implementation of the BBNJ Agreement requires the gradual development of relevant mechanisms, addressing differences in the interpretation of principles and rules based on subsequent practices, formulating relevant guidelines or standards to support implementation, and fostering long-term, stable cooperation and coordination with IFB s.

AI TECHNOLOGIES IN THE JUDICIARY: EUROPEAN STANDARDS AND UKRAINIAN PRACTICE

The article provides a comprehensive analysis of the growing influence of artificial intelligence (AI) technologies on the field of justice, with a particular focus on developments within European and international institutions. Taking into account the increased academic attention to this issue, the article reviews key policy documents that set the ethical and operational framework for the use of AI in justice systems. The article also highlights the establishment of a dedicated Resource Centre on Cyberjustice and AI within the CEPEJ, that provides institutional support for the exchange of best practices and legal tools in the field of AI appli­cations in justice. The article aims to explore the introduction of developed policies during practical implementation of AI technologies in the field of justice, particularly in the Ukrainian context. The particular attention is paid to emerging trends and practices analysis in the use of AI in judicial processes, based on broader international and European standards. The research is divided into three main parts: the first part contains an overview of developed approaches to the use of AI in justice within the Council of Europe and other international organizations; the second part examines the first domestic regulatory initiative on the use of AI in the administration of justice, introduced by the High Anti-Corruption Court of Ukraine (HACC); the third part explores the approach of Supreme Court to the legal qualification and implications of the use of AI by parties of the case in their case law. The article contributes to the scientific debate on how national jurisdictions can responsibly adapt to technological innovations, while upholding fundamental legal principles and ensuring the protection of human rights in the digital era.

Application of the environmental impact assessment provisions under the BBNJ Agreement in high seas marine protected area: challenges and suggestion

Once the BBNJ Agreement enters into force, its environmental impact assessment (EIA) provisions will apply to high seas marine protected areas (MPAs). This paper examines current treaties and practices within four high seas MPAs and finds that the EIA provisions established by United Nations Convention on the Law of the Sea (UNCLOS) are ambiguous. The BBNJ Agreement, however, reflects a strong commitment to improving EIA laws and practices in Areas Beyond National Jurisdiction (ABNJ). Despite this progress, several challenges may arise in implementing the BBNJ Agreement’s EIA provisions in high seas MPAs. These include potential fragmentation when members of the international frameworks or bodies (IFBs) of high seas MPAs do not ratify the agreement, uncertainties surrounding the “not undermine” proviso, and ambiguities in the “due regard” principle. Additionally, the Clearing-House Mechanism (Cl-HM) under the BBNJ Agreement requires further development to cooperate with the institutions of high seas MPAs, and the fragmented EIA standards, subjects and procedures for high seas MPAs complicate the determination of equivalency with those under the BBNJ Agreement. Moreover, the EIA provisions for existing high seas MPAs appear limited. It is worth mentioning that the practices of the EIA in high seas MPAs may not be sufficient. This paper offers several recommendations for the above challenges: encouraging non-Parties to apply the EIA provisions under the BBNJ Agreement, putting forward a possible interpretation or understanding for the “not undermine” proviso and “due regard”, developing the CL-HM through the BBNJ Secretariat, and developing EIA guidelines for high seas MPAs, supported by the Scientific and Technical Body set by the BBNJ Agreement. Furthermore, members of the IFBs of high seas MPAs should enhance their EIA practices to ensure effective application of the BBNJ Agreement’s provisions in the future.

Scope of the Applicability of Criminal Law to Crimes Committed on Board Ships: A Comparative Study Between International Treaties and National Legislation of Islamic States

Scope of the Applicability of Criminal Law to Crimes Committed on Board Ships: A Comparative Study Between International Treaties and National Legislation of Islamic States

Considerations in the set up and functioning of the Scientific and Technical Body under the BBNJ Agreement—lessons from the Legal and Technical Commission of the International Seabed Authority

Scientific, technical and traditional knowledge are critical for the implementation of the new agreement for the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ Agreement). A Scientific and Technical Body (STB) is established by Article 49 of the BBNJ Agreement to provide scientific and technical advice to the Conference of the Parties (COP). Since the terms of reference and modalities for the operation of the STB shall be determined by the COP at its first meeting, it is necessary to start work now to identify the optimal set-up for the body. This paper seeks to contribute to the discussion on the possible procedural and operational modalities of the BBNJ Agreement's STB. It outlines the roles and functions assigned to the STB and identifies key advances beyond UNCLOS on equity issues such as gender, traditional knowledge, and geographic representation. Drawing on the lessons from the Legal and Technical Commission (LTC) of the International Seabed Authority (ISA), the paper offers perspectives on the options for the composition of the STB. It covers issues such as the number of members and considerations around the need for multi-disciplinary expertise, gender balance, and equitable geographical representation; terms of office; access to, participation in, and transparency of meetings; and decision-making. These lessons learned from existing practice are an integral part of the knowledge-base required by States when making decisions regarding the design and operational modalities of the STB, and more broadly, offer important insights on fit-for-purpose and equitable scientific advisory bodies in environmental governance.

Traditional knowledge of Arctic Indigenous Peoples and the establishment of area-based management tools beyond national jurisdiction

Traditional knowledge of Arctic Indigenous Peoples and the establishment of area-based management tools beyond national jurisdiction

Navigating a New Course: The Likely Impact of the BBNJ Agreement on the Establishment of Area-Based Management Tools by the ISA

Abstract On 19 June 2023, the United Nations adopted the Agreement on Biodiversity Beyond National Jurisdiction (BBNJ Agreement), advancing the governance of marine biological diversity in areas beyond national jurisdiction (ABNJ). This article explores the BBNJ Agreement’s potential impact on the International Seabed Authority’s (ISA) current and future area-based management tools (ABMT s), which include Areas of Particular Environmental Interest (APEI s), Sites of Particular Environmental Interest (SPEI s), and Preservation Reference Zones. While the Conference of the Parties (COP) appears to have broad authority in establishing ABMT s and has considered coordination with relevant legal instruments, frameworks, and bodies at global, regional, subregional and sectoral levels, the ISA may hold more practical power. For existing ABMT s established by the ISA, BBNJ bodies could strengthen their effectiveness. Future ABMT s will require case-by-case basis evaluation. In all cases, cooperation between the COP and the ISA remains essential.

TO THE 95TH ANNIVERSARY OF THE BIRTH OF YEVGEN FEDOROVYCH SHNYUKOV

This article is devoted to the significant milestones accomplished during the research career of the outstanding Ukrainian scientist-geologist, Ye.F. Shnyukov. It highlights his role in the development of marine geological and geophysical research in Ukraine, and his organization and management of expeditions in the Black, Mediterranean, and Azov seas to study the geological structure of the water areas and gas-mud volcanism. Some of Shnyukov’s most significant achievements are in elucidating the processes of metallogeny at the bottom of the Indian and Atlantic Oceans, and his participation in the work of the UN Committee on Peaceful uses of the Sea-Bed and the Ocean Floor beyond the limits of National Jurisdiction, as well as the Intergovernmental Oceanographic Commission.

Performance indicators on long-term care for older people in 43 high- and middle-income countries: literature review, web search and expert consultation

BackgroundLong-term care (LTC) for older people is an area of focus for many health and social policies in high- and middle-income countries. Performance Indicators are used to provide national and subnational jurisdictions with insights to ensure quality of the provided LTC services for older people. Although LTC systems vary across jurisdictions, there is demand for internationally comparable indicators to support countries in monitoring LTC and facilitate mutual learning. The aim of this study was to provide an overview of indicators currently employed to monitor the performance of LTC systems and services in high- and middle- income countries and describe their key characteristics.MethodsA review of the literature in six scientific databases (literature review) and web searches of relevant sites across 43 selected countries (web search) was conducted. We asked country representatives from the Working Party on Health Care Quality and Outcomes of the Organization for Economic Cooperation and Development, where most of these countries are represented, to cross-validate the sources of information found (expert consultation). We then extracted and analysed the data from all obtained sources based on a predetermined set of characteristics.ResultsThe search of scientific databases yielded 12,960 records, from which forty papers were selected for inclusion. The scientific literature findings were complemented by 34 grey literature sources. In total, we identified performance indicators being used to monitor LTC systems and services across 29 national and subnational jurisdictions in 24 out of 43 countries. In total, 620 indicators were identified. All jurisdictions used indicators related to institutional LTC and 16 also used indicators on home care. The most frequently monitored structures, processes, and results were pressure ulcers, falls, use of restraints and pain management.ConclusionsWe identified LTC performance indicators currently being monitored in 29 jurisdictions across 24 countries. Many jurisdictions are monitoring similar structures, processes, and results. This presents an opportunity to develop internationally comparable LTC performance indicators based on existing efforts across countries.

Innovations in the Institutional Arrangements in the BBNJ Agreement

Abstract The adoption of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) is a major achievement, not least because of its institutional arrangements. A number of new institutions will be established, with interesting and novel competences. These include particularly innovative provisions about dealing with marine genetic resources, as well as procedures leading to binding decisions establishing area-based management tools; the latter may not include areas within national jurisdiction, although how disputes on this point will be resolved is unclear. There is a particular emphasis upon the inclusivity and transparency of procedures. In addition, the financial mechanism involves novel rules designed to benefit developing countries. The new institutions will be obliged to coordinate closely with existing organisations having relevant competences.

A New Chapter of Ocean Governance and the European Union: Codification Efforts and Prospects of a Moratorium at the International Seabed Authority

Abstract The International Seabed Authority (ISA) is at a turning point, due to the urgency to approve exploitation regulations provoked by the triggering of the ‘two-year rule’. This article addresses this issue from the perspective of the European Union (EU), which has repeatedly called for a moratorium on exploitation activities. After providing a summary of the applicable ISA legal regime, the analysis focuses on EU environmental policies (including the so-called ‘Green Deal’) and the principles on which they are founded. The position of the EU in the negotiation of the 2023 Agreement under the United Nations Convention on the Law of the Sea on the conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction is considered because of the similar environmental stances in the two domains. Following an overview of the position of EU’s institutions on deep seabed mining activities, the main points are critically outlined.

Why Indonesia Should Ratify the Biodiversity Beyond National Jurisdiction Agreement?

Indonesia signed the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement in June 2023 but has yet to decide on ratification. This treaty fills legal gaps in UNCLOS 1982 by regulating marine genetic resources (MGRs), marine protected areas (MPAs), environmental impact assessments (EIAs), and equitable benefit-sharing mechanisms in areas beyond national jurisdiction (ABNJ). Given Indonesia’s strategic position as the world’s largest archipelagic state, ratification is essential to align national policies with global commitments, secure access to MGRs, and reinforce Indonesia’s role in international ocean governance. This study employs a doctrinal legal approach to examine Indonesia’s rights and obligations under the BBNJ Agreement and identify necessary adjustments to domestic laws and policies. The findings indicate that delaying ratification weakens Indonesia’s position in ABNJ governance and risks limiting access to MGR-related research, technology transfer, and benefit-sharing opportunities. Immediate ratification would ensure Indonesia’s active participation in global marine conservation while strengthening national legal certainty and maritime diplomacy. Future research should explore legal harmonization strategies to facilitate effective implementation of the agreement.

Interplay between the BBNJ Agreement and the Legal Regime of the Arctic High Seas

Abstract The 2023 Agreement under the United Nations Convention on the Law of the Sea on the conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) encompasses regimes concerning marine genetic resources (MGR s), area-based management tools (ABMT s), and environmental impact assessments (EIA s). The Arctic high seas regime is characterised by fragmentation. Applying Oran Young’s theory of regime interplay, this article explores how the BBNJ Agreement interacts with the Arctic high seas regime, creating functional and political linkages across horizontal and vertical dimensions. Legal obligations on marine scientific research related to MGR s in the Arctic high seas could influence existing governance structures. The ABMT s regime may limit the freedom of marine scientific research and conflict with commercial fishing activities in Arctic high seas. EIA provisions and high environmental standards will shape both the types of scientific research and future fisheries management arrangements in Arctic high seas.