Nations Treaty Research Articles

“Gender” in International Human Rights Law: Theory and Practice

INTRODUCTION. The institute for the protection of women both at international and national levels taking into account the ongoing discussions on the term “gender” is considered in the article. The authors examine the distinction between concepts “sex”, “gender” and “gender identity”, enshrined in international legal acts and documents, the States’ positions and approaches to their use, including on the example of the implementation of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, better known as the Istanbul Convention.MATERIALS AND METHODS. During the research the authors used different international legal documents, including international treaties, recommendations of the United Nations treaty bodies, reports of the special rapporteurs and international experts, outcome documents of international conferences, as well as doctrinal sources and national legislation of foreign countries. The study was carried out based on general scientific and special scientific methods. The methods of legal modeling and forecasting were widely used in the analysis in order to define prospects for possible future studies and development of international human rights law on the protection of women from violence and domestic violence.RESEARCH RESULTS. Demonstrating different approaches to understanding the term “gender” in protecting women from violence and domestic violence, implemented by international organizations and States, the authors examined factors that influence the position of national authorities of a number of countries when considering the possibility of accession or ratification of the core international legal acts in this area on the example of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence.DISCUSSION AND CONCLUSION. The authors came into conclusion that the problems of violence against women and domestic violence should be viewed through the lens of gender equality concept, which does not entail the elimination of biological differences between two sexes and does not encourage women and men to change their social roles. The article stresses the need for an internationally agreed definition of the term “gender” in order to strengthen the legal and institutional mechanisms for a more efficient practical implementation of measures to combat violence against women and domestic violence.

International Standards as a Conceptual Framework for Improving Consumer Protection

Issues in the interpretation of the international standards on individual consumer protection are considered. A functional consumer protection framework is a key aspect of economic security of states and regional economic alliances. Consumer protection is also evolving to respond to the new threats and challenges of the global economic crisis. Implementing the international standards on consumer protection in the national legal framework and regional treaties are viewed as a matter of urgency. From a review of a selection of international legal instruments, the author identifi es several systemic trends in the evolution of consumer protection standards, including an emphasis on the environment and sustainable consumption, and facilitation of e-trade as a mechanism for strengthening the economic security of states and regions.

Overview of the defifinitions of terrorism in international criminal law

Nowadays terrorism is one of the most dangerous, domestic and international security threat in the world. There are national, regional and global efforts in the field of counter-terrorism which are codified in international, regional and national criminal codes, treaties. Unfortunately and despite the seriousness of this threat there is no internationally accepted common definition of terrorism in the “global” international criminal law. At the level of regional and national treaties, in some parts of the criminal codes some types of terrorism are defined. Academic research and its results could be used at the legislation process, but this research has struggled to identify a widely accepted definition of terrorism. Hence we can find several definitions and typology of terrorism which could prove problematic for the legislators. This lack of common definition proves to be one of the main hurdles of effective cooperation among states and criminal authorities also having a negative impact on the effectiveness of counter-terrorism measures. My paper demonstrates in three chapters this definitional problem with regard to criminal law. In the conclusion I outline some proposals and probable directions of a new regulatory method in order to mitigate this problem through reaching an accepted common definition in legislations and criminal law.

Overcoming tobacco industry opposition to standardized packaging in the Americas.

ABSTRACTCountries in the Region of the Americas have been slow to adopt standardized packaging of tobacco products. The objectives of this analysis are to report on the progress made in adopting such packaging in countries in the Region, review known tobacco industry strategies for opposing these policies and discuss the resources available to academics, advocates and policy-makers who might be interested in advancing the use of standardized packaging in the Region. Of the 23 countries worldwide that have fully adopted standardized packaging laws, only 2 are in the Region (Canada and Uruguay). Six other countries (Brazil, Chile, Costa Rica, Ecuador, Mexico and Panama) have tried to introduce standardized packaging through draft bills, all of which have been delayed or withdrawn. There are indications that the tobacco industry has used its playbook of arguments to oppose the policy in those countries, including allegations that standardized packaging breaches national laws and international treaties protecting intellectual property, alongside threats of litigation. It is possible that these threats and allegations may have had a greater effect in the Region because of the lengthy (6 years) and costly (legal fees of US$ 10 million) international investment arbitration brought by Philip Morris International against Uruguay’s strong tobacco packaging laws. However, all of the industry’s arguments have been debunked, and national courts and international legal forums have upheld standardized packaging as a lawful policy. Governments in the Region of the Americas should follow the examples of Canada and Uruguay and reject the industry’s false arguments and litigation threats. This analysis discusses some of the financial and technical resources that can assist them.

No Free Tickets

No Free Tickets

Ending nuclear weapons before they end us: current challenges and paths to avoiding a public health catastrophe.

The United Nations Treaty on the Prohibition of Nuclear Weapons (TPNW)—an important planetary health good—entered into legal force in January 2021. Evidence of the consequences of nuclear war, particularly the global climatic and nutritional effects of the abrupt ice age conditions from even a relatively small regional nuclear war, indicates that these are more severe than previously thought. None of the nine nuclear-armed states is disarming; instead, all invest enormously in new and more hazardous nuclear weapons. Nor has any of the 32 states claiming reliance on another state's nuclear weapons yet ended such reliance. These factors, abrogation of existing nuclear arms control agreements, policies of first nuclear use and war fighting, growing armed conflicts worldwide, and increasing use of information and cyberwarfare, exacerbate dangers of nuclear war. Evidence-based advocacy by health professionals on the planetary health imperative to eliminate nuclear weapons has never been more urgent.

Система інтелектуальної власності України: сучасний стан та перспективи розвитку

The article reviews the current state of the intellectual property system based on a wide range of sources. The author characterizes the general trends in the development of this sphere. She analyzes the main legal acts that determined the directions and principles of reforming the legal protection and enforcement of intellectual property.In the study, the author points out that Ukraine’s position is rather weak. In the report for 2022, the International IP Index is calculated for 55 countries of the world according to 50 unique indicators, which are divided into 9 categories. Ukraine's overall score is 19,87 out of 50 (39,74 %). There are significant difficulties in the implementation of national legislation and international treaties. The author emphasizes that despite the efforts of all branches of government at the highest level, there are still difficulties in law enforcement, lack of qualified specialists interested in the development of intellectual property. There are significant problems in the organization of the work of the High Court of Intellectual Property. The author emphasizes that not all legislative changes have a positive impact on the possibilities of intellectual property protection, some innovations require balanced approaches, taking into account the opinions of experts and practitioners.Reforms are accompanied by institutional changes. From November 8, 2022, the state organization «Ukrainian National Office of Intellectual Property and Innovation» became the entity performing the functions of the National Intellectual Property Authority. The head of the newly created institution emphasizes transparency of activities, strengthening of the expert corps, attraction of young promising personnel, quality information resources and comprehensiveness in its activities. As of December 2022, the reset of the intellectual property sphere continues, which is complicated by systematic massive missile strikes on the critical infrastructure of the entire state.

Categories of foreign investments and foreign investor in the national legislation and international treaties of the member states of the Eurasian Economic Union

This article discusses the notion of categories of foreign investments and foreign investor in the law of the EAEU member states through the prism of three levels of legal regulation: national legislation, bilateral and multilateral international treaties. The national legislation of the EAEU member states that regulates foreign investments, although is based on commonly used legal structures and instruments, within the framework of the conceptual apparatus can differ significantly in the recipient state of the foreign investments and in the state of origin of the foreign investor, which requires close attention and detailed study of the regulatory legal acts of each EAEU member state. Along with the rules governing foreign investments and the status of a foreign investor under Eurasian law, the EAEU member states apply the rules of bilateral agreements on the promotion and protection of investments that are in force not only between them, but also with the third states. In addition, there is also a multilateral international treaty for the four EAEU member states, namely the Moscow Convention of the CIS. This circumstance is due to the participation of Russia, Armenia, Belarus, Kazakhstan and Kyrgyzstan simultaneously in three integration processes – within the framework of the EAEU, the CIS and the SCO.

The Contribution of the United Nations Treaty Bodies to Business and Human Rights

The Contribution of the United Nations Treaty Bodies to Business and Human Rights

Legal pluralism, indigenous rights and the Inter-American corpus iuris

The permeability between state, regional and universal legal systems for the protection of human rights is increasingly evident, materialising a trend of legal pluralism in a multilevel universe of human rights protection. Therefore, it is important to interpret the norms contained in national constitutions and international treaties – that is, the different systems for the protection of human rights – in light of the pro persona principle. In this context, the indigenous issue stands out for its complexity and urgent safeguard, given the past and current scenarios of numerous violations. The indigenous cosmovision must permeate any application of the mechanisms for protecting the human rights of indigenous peoples. In order to better understand this pluralism from the perspective of safeguarding indigenous rights, a brief study was carried out on the constitutionalization of these rights in Latin America and their interpretation in the Inter-American system for the protection of human rights. The question is: what are the main indigenous rights contained in Latin American constitutions? How does the Inter-American system interpret these rights in light of the American Declaration and Convention? What are the protective standards for indigenous rights in the region? For that, the method of approach used was the deductive one and the methodological procedures were in the juridical and systematic dogmatic study. As a result of this research, it was found that there is an entire Inter-American corpus iuris that must be protected, based on the duty of harmonisation imposed by the American Convention, and carried out through the control of conventionality

Private International Law Aspects of Arbitrator Liability: A European Perspective Post-Brexit

This article investigates how various private international law (PIL) instruments relevant in the European context, post-Brexit, deal with questions of jurisdiction, applicable substantive law, and recognition and enforcement pertaining to the contractual liability of arbitrators. Based on an analysis of applicable European Union (EU) case law and the drafting history of, amongst others, the Brussels I (Recast) Regulation and its predecessors, it submits that that the exclusions included in such Regulation with regard to arbitration proceedings do not apply to the Arbitration Contract between the Parties and the Arbitrator or Arbitrators. Second, we submit that the law applicable to a claim for breach of contract by an Arbitrator must be found through the application of Rome I. Rome I provides that the law of the country where the Arbitrator that is alleged to be liable vis-à-vis (one of) the Parties has his or her habitual residence. With respect to enforceability of court judgments pertaining to arbitrator liability, we discuss and assess the Pandora’s Box that Brexit appears to have opened. This assessment leads us to conclude that, whilst the framework put in place by Brussels I (Recast) and the Lugano Convention remains largely in place, on the departure of the United Kingdom from the existing legal frameworks, enforcement and recognition of court judgments between the United Kingdom and the EU will, in the absence of a jurisdiction clause, largely shift to provisions of national law and/or bilateral treaties. Arbitration, International Arbitration, Brussels I (Recast), Rome I, Hague Convention, Lugano Convention, Brexit, Private International Law, Arbitrator, Liability

Research on Lis Pendens in Private International Law

Litigation concurrence, or parallel proceedings, is an essential issue in the international civil procedure law and judicial practice. It is a direct result of the division of national jurisdiction legislation at the international level. In order to avoid wasting judicial resources, the development of private international law has led to a move towards refinement and harmonisation of the provisions on parallel proceedings in national and international treaties. Lis pendens is a settlement of parallel proceedings and plays an important role in private international law.

Wildlife Protection in Germany: Sound Legislation and Deficient Implementation

National, European, and international legislation regulates wildlife protection in Germany. Germany has comprehensively codified into national legislation numerous international and regional treaties. Furthermore, European Union regulations are directly binding in its Member States. Yet Germany’s implementation of wildlife protection laws remains wanting. The gap between the country’s comprehensive legal framework and related enforcement is glaring. Germany’s decentralized administrative structure embedded in its federal system is the main impediment to better implementation of wildlife protection laws. While the country’s federal structure might stand in the way of more centralized enforcement, a more coordinated approach still offers a realistic remedy to narrow the gap between Germany’s legislation and enforcement. This article discusses Germany’s wildlife protection laws, analyzes its enforcement approach, and recommends ways to improve.

The contestation and construction of global governance authorities: A study from the global business and human rights regime

AbstractThe contestation of global governance institutions can strengthen or weaken, as well as transform, them. This article analyses the productive potential of contestation and justification of global governance institutions by examining the multiple authorities that are invoked as auxiliaries in the process. It studies the (re-)construction of these authorities by dissecting authority into three components: power, legitimacy and connection to public interests. Empirically, the article focuses on the issue area of business and human rights, examining the highly contested process of drafting a binding instrument in the United Nations Treaty Process. The analysis shows that the success of the Treaty Process not only hinges on its direct reaction to contestation, but also on its ability to (re-)construct the multiple related authorities. Ultimately, the article argues that the contestation of global governance institutions involves (re-)constructing multiple authorities. This demonstrates how contestation can also affect global governance institutions, actors and norms beyond the specific field of deliberation.

The COVID-19 pandemic: A threat to forest and wildlife conservation in Bangladesh?

The global pandemic due to COVID-19 (SARS-COV-2) has brought significant disruption to society and the environment. In this study, evidence from newspapers, social media, remote sensing and organisational data were used to assess the impact of national lockdown on forest and wildlife conservation, including the forest-dependent people in Bangladesh. The nationwide lockdown worsened the non-forest income-generating activities of the forest-dependent communities leading to increased pressure on neighbouring forests. Global Land Analysis and Discovery (GLAD) data reveal spurred deforestation alerts in May 2020, and about 222 ha forest area had been cleared during January to October 2020, which is 8% more than the whole year of 2019. Despite some positive information about free movement of wildlife in the forest, a total of 112 animals were killed, which is 28 times more than that of the same period in 2019. At the same time, wildlife rescuing plummeted by more than 40%. Complete banning of tourism activities brought a significant reduction in income and employment, leading to collapse of the tourism industry. Lack of tourists, on the other hand, brought a blessing to the wildlife, allowing them to roam freely. Both air and water quality were improved in Dhaka city, and increased aquatic wildlife activities were recorded in some major rivers. The forest department's revenue shrank substantially during the lockdown period than that of the previous year. This study highlighted a substantial impact on all aspects of forest and wildlife conservation and on the forest-dependent people, which might be a pitfall for attaining the achievements of national and international conservation goals and treaties. Furthermore, the research highlighted policy implications that would be effective in minimizing pandemic-wrought threats and maintain and foster conservation activities in different forests in Bangladesh.

New constitution and media freedom in Libya: journalists’ perspectives

Purpose The purpose of this study is to investigate Libyan journalists’ perspectives regarding the media laws Articles 37,132, 38 and 46, which address media freedom in the new Libyan Constitution of 2017. Design/methodology/approach Focus group discussions were done with 35 Libyan journalists, 12 of them from the Constitution Committee, while 23 of them reported the update of the constitution in the Libyan Parliament. Findings The results of the study indicated that there were media laws articles that did not conform to the international laws and United Nations treaties, which the Libyan Parliament committee approved. Another finding from the journalists was the Constitution should provide and guarantee press freedom, while media laws articles approved to put a paragraph about “censorship” in the press and media as a tool to silence government opposition. In addition, journalists indicated future constitution should redraft Article 38 to conform with Article 19 of the “International Covenant on Civil and Political Rights,” to support the “principles of freedom of expression and information” without control. Moreover, Article 46 needs to be changed and linked to the “provisions of international law on the right of information access” to improve the access and dissemination of information in the media. Practical implications Redrafting the constitution articles in the future can be summarised as follows: First, the Libyan Constitution should provide and guarantee press freedom without any censorship and include clear articles to protect journalists in conflict zones. Second, Articles 37,132 and 38, about “freedom of information and publication,” need to be redrafted to link with Article 19 of the “International Covenant on Civil and Political Rights,” to support the principles of freedom of expression and information, and the use of this right must not be subject to prior control. Third, Article 46 needs to be changed and linked to the provisions of “International law on the Right of Access to Information” to improve access and dissemination of information in the media to protect confidentiality sources. The most important articles should be implemented (freedom of information and personal information act) because after the Arab Spring revolutions, there was a transitional period in societies and a change in the constitutions of Tunisia and Egypt. They developed legal articles about media freedom so that Libya resembles other Arab countries. From that point, the journalists recommended that all information should be protected from government interference to ensure transparency, combat corruption and protect independent journalists. These articles will open the way to add more development articles to media freedom rules in the Journalists’ Syndicate. Fourth, there are also various types of threats encountered by journalists in their work. In pursuit of their right and freedom of expression, they recommended that Libya must establish an independent self-regulatory media that are free from political and economic influence. Fifth, journalists need licenses for them to work through the syndicate. The new syndicate should play an active role to safeguard the rights of journalists, activists and media entities to carry out their work and end the self-censorship. Sixth, the constitution should also add articles to end the impunity and change the articles in the penal code. Overall, the journalists covering the conflict and war are encountering threats, violence and imprisonment. As a result, Libyan journalists must seek new legislation to defend independent journalism and freedom of expression in their deeply divided country. In addition, they need to have a strong central authority to defend journalists and journalism in wartime, where journalists are regularly threatened, abducted and sometimes killed. Also, the Libyan Journalists Syndicate should stress the importance of the media’s self-regulation to guarantee their rights to freedom of expression, grant their readers’ respect and minimise government’s interference. Finally, they need to develop new laws to grant media freedom from regulations and restrictions, as well as defend and promote democracy, the citizens’ right to be informed, as well as their right to discuss and disseminate information. There is also the need to implement articles in the constitution, articles about the protection of political speech, which would be specific enough to differentiate between what is legally permitted and what may be ethically offensive. Originality/value This study will help the new Libyan parliament after the legislative elections on 24 December 2021 to amend the media laws articles in the constitution.

Normative regulations of international juridic assistance in penal materials in the prism of their historic evolution

The actuality of the subject is due to the interest shown in knowing the historical evolution of the normative regulations of international legal assistance in criminal matters. The mutual provision by states of international legal assistance in criminal matters occupies an important place in international cooperation in the fight against crime. The provision of mutual assistance can be fruitful only on condition that the multilateral record of the normative acts in force, which are contained in national law and international treaties

Can International Human Rights Law Smash the Patriarchy? A Review of ‘Patriarchy’ According to United Nations Treaty Bodies and Special Procedures

This article interrogates whether and how the concept of ‘patriarchy’ is used by UN human rights treaty monitoring bodies (treaty bodies) and special procedures to interpret state obligations to respect and ensure women’s human rights. There are two key points that arise out of this study: first, that several treaty bodies and special procedures purposely and consistently use the concept of ‘patriarchy’ when discussing women’s human rights, and second, that although not all treaty bodies and special procedures have referred to the terms ‘patriarchy’ or ‘patriarchal’, an examination of those that have reveals a marked difference in how the terms are used by treaty bodies when compared with special procedures. While treaty bodies render the meaning of ‘patriarchy’ as being synonymous with certain harmful practices, such as female-genital mutilation (FGM), special procedures utilise ‘patriarchy’ as a system of power, permeating every facet of society. In this article I will argue that the current state of dissonance between the understandings of ‘patriarchy’ by treaty bodies and special procedures creates an unnecessary ambiguity that does nothing to advance gender equality. Furthermore, utilising a nuanced understanding of patriarchy, as articulated by intersectional and anti-essentialist feminist scholars, would potentially equip treaty bodies and special procedures for more meaningful interpretation of rights themselves, and greater protection of women’s human rights.

COVID-19 challenges to access to education for learners living with severe disabilities: An education law perspective

Thro (2005:1) points out that the Supreme Court of the United States has recognised that “education is perhaps the most important function of state and local governments" because "it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education”. He adds that the Court has stressed “the importance of education in maintaining our basic institutions …” Thro’s summary of the American perspective on the importance of education to a person and a country is echoed in numerous national Constitutions and international treaties in which education (and access to education) is treated as a non-negotiable right of all the inhabitants of a country. Section 29(1)(a) of South Africa’s Constitution of 1996 provides that everyone (including children living with severe disabilities) has a right to a basic education, including adult basic education, Section 9(3 and 4) provide that neither the state nor any person may discriminate unfairly against anyone on the grounds of disability while Section 28(2) states unequivocally that a “child's best interests are of paramount importance in every matter concerning the child”. People in South Africa had every right to expect that the new political dispensation beginning in 1994 would bring with it the fulfilment of all learners’ guaranteed educational rights. However, a review of the literature reveals that South Africa has left children living with severe disabilities in the lurch and that as many as 600 000 disabled learners may never have been to school (Nappy Run, 2019). According to Yates (2020), South Africa has 1179 public and independent special needs schools but not all South African children, including those living with severe mental disabilities, have access to their fundamental human right to education (Yates, 2020). This article has its origin into reports that came to the authors’ attention of problems involving learners with severe disabilities following the return of such children to special needs education schools[1] after the relaxation of the COVID-19 lockdown measures. Even when following the Draft (COVID-19) Guidelines for Schools for the Learners with Intellectual Disabilities (DBE, 2020) meticulously, schools were confronted by new challenges for principals, teachers and parents to safeguard these and other learners’ right to education and to prevent large-scale disruptions of school activities. As is the case with all actions and decisions taken regarding all learners, the relevant legal rules must be obeyed. Educators and other stakeholders involved need to know these rules. In this article, we will therefore view the problem from an education law perspective and attempt to provide all stakeholders with knowledge of the pertinent legal rules to enable them to address challenges that might arise in a legally acceptable manner. We will conclude with a brief reference to possible education management responses to the challenge. Such management initiatives also need to comply with legal prescripts that are still to be investigated before one can propose these responses confidently in that they comply with legal requirements. [1] Although the schools are known, we cannot reveal their identities.

A novel conceptual framework to identify the mineral laws in Iran: A real-case application of fuzzy TOPSIS method

Due to the important environmental effects on human life and the conflict between the mining process and environmental factors, the enactment of protectionist environmental laws in the mineral industry has received extensive attention especially in countries with high mining potential. In this regard, using an extended fuzzy TOPSIS method, this study develops a novel conceptual framework to identify the key protection laws in Iran by considering the mineral successful laws and regulations in mineral-developed countries such as Australia, Chile, India, Turkey, Canada, South Africa, and China. This helps to apply the experiences of the abovementioned countries in resolving similar conflicts in Iran’s mineral industry. The key protection laws are selected based on their national and international environmental treaties, mines’ environmental protection laws, conflict solution methods, social responsibilities in mining activity, and laws for the abandoned mines. The proposed framework demonstrates that Iran’s mineral laws require revision and more transparency to avoid ambiguity and conflict with mineral property laws and governmental rights.