Treaty Research Articles

Externalisation of Asylum Policy in the UK after Brexit

The article explores the approaches and tools the UK disposes of to address an increasing number of asylum seekers and illegal migrants in a post-Brexit environment. The study is based on legislative and regulatory acts regulating the UK’s asylum policy, as well as international agreements and action plans that enable the externalization of the asylum policy. It is shown that it took the UK a rather short time to put in place a reformed legal framework to incorporate the most restrictive migration-related terms in Europe. The development of the concept of a “Third Safe Country” passing through which automatically places an asylum seeker onto the Unacceptable category provoked their criminalization and led to a nontransparent asylum system with virtually insurmountable barriers to entry. The externalization of the UK asylum policy was implemented through traditional readmission agreements, the number of which grew rapidly during the period under review, and through new tools, for example, the Rwandan Plan which allowed the UK to redirect refugees to Rwanda. It is concluded that despite the ambiguity of the plan it creates a legal precedent, which threatens developing countries of increased migration burden against the background of little resources to overcome migration crises.

Exploring the Rise of Transnational Issues (such as Pandemics, Terrorism, and Climate Change) and their Impact on State Autonomy

This study examines how pandemics, terrorism, and climate change impact state sovereignty. A quantitative research design was used to gather data from 150 participants, consisting of the general public and government officials of Punjab, Pakistan, through an online questionnaire. Correlation analysis, regression analysis, and t-tests were applied to examine the relationships between these global challenges and state autonomy. The findings indicate that pandemics, like COVID-19, considerably weaken state sovereignty by requiring international cooperation, indicating a strong negative relationship between the impact of a pandemic and state sovereignty. In addition, the regression analysis shows that transnational terrorism limits state autonomy as a result of the imperative for multilateral counterterrorism initiatives and collaborations in international security. Moreover, the results of the t-test show that the states which comply with international environmental agreements reduce state sovereignty to a much greater extent than those which do not, thereby emphasizing the great influence climate change has on state autonomy. The findings suggest that the increasing need for international cooperation in solving global problems is changing the way state sovereignty functions, thereby emphasizing the conflict between national interests and global governance. The research methodology applied very robust statistical techniques to ensure reliable and statistically significant results which would give valuable insights regarding the changing nature of state sovereignty concerning transnational issues.

Diplomacy and Treaty Governance by Indonesia as Norm-Shaping Practices to Align National Interests of Indonesia

Treaty governance in Indonesia is central to both the promotion of rule of law through diplomacy and the advancement of predictability in international relations, particularly through diplomacy conducted by Indonesia. By integrating domestic treaty governance with international legal standards, Indonesia enhances global legal stability and certainty. This approach highlights Indonesia’s commitment to maintaining legal principles, reinforcing its role as a key player in global diplomacy and international governance. This article hopes to thoroughly research on the practices considered norm-shaping as seen through Indonesia’s diplomacy and treaty governance laws, with a particular focus on the Minister of Foreign Affairs Regulation No. 4 of 2023 on the Governance of International Treaty Documents and other related regulations. In addition, this article seeks to identify the key norms regulating treaty governance in Indonesia as further established through Indonesia’s engagements in the international community. This article argues that treaty governance should not merely be seen as a monitoring mechanism but as a tool for shaping norms, promoting predictability in alignment with Indonesia’s national interests. This article then proposes a takeaway for Indonesia to identify its national laws in order to explicitly locate the treaty governance norms, in which Indonesia’s diplomacy must refer to. This strategic approach allows Indonesia to promote consistency and legal certainty globally while aligning international norms with its domestic priorities.

Identifying the factors influencing the development of bilateral investment treaties with health safeguards: a Machine Learning-based link prediction approach

A network analysis approach, complemented by machine learning (ML) techniques, is applied to analyse the factors influencing Bilateral Investment Treaties (BITs) at the country level. Using the Electronic Database of Investment Treaties, BITs with health safeguards from 167 countries were charted, resulting in 534 connections with countries as nodes and their BITs as edges. Network analysis found that, on average, a country established BITs with six other nations. Additionally, we used node embedding techniques to generate features from the network, such as the Jaccard coefficient, resource allocation, and Adamic Adar for downstream link prediction. This study employed five tree-based ML models to predict future BIT formations with health inclusion. The eXtreme Gradient Boosting model proved to be superior, achieving a 64.02% accuracy rate. Notably, the Common Neighbor centrality feature and the Capital Account Balance Ratio emerged as influential factors in creating new BITs with health inclusions. Beyond economic considerations, our study highlighted a vital intersection: the nexus between BITs, economic growth, and public health policies. In essence, this research underscores the importance of safeguarding public health in BITs and showcases the potential of ML in understanding the intricacies of international treaties.

The Role of the President of Georgia in the Appointment and Dismissal of the Ambassadors of Georgia and the Heads of the Diplomatic Representations

The field of foreign relations has been subject to dispute between the President and the Government of Georgia since 2013. Apart from the representation power and conclusion of the international treaties, the matter of appointment and dismissal of the ambassadors and heads of the diplomatic representations has been subject to controversies followed by the constitutional claims dated 16 August 2022 and 10 June 2022 submitted by the Government against the President of Georgia.[1] In particular, for the first time in the history of Georgia, the matter of the constitutionality of the President’s inaction in appointment and dismissal of the ambassadors and the heads of the diplomatic representations has been made subject to the discussion of the Constitutional Court of Georgia.[2] However, the Government of Georgia revoked its constitutional claims on unknown grounds[3], therefore, the Court was deprived of the possibility to hear and consider the said constitutional claims. Deriving from the above mentioned, the present work discusses the constitutional status of the President of Georgia and the role granted to the President in relation to the appointment and dismissal of the ambassadors and the heads of the diplomatic representations. [1] The constitutional claim of the Government of Georgia against the President of Georgia, dated 10 June 2022, N1711. [2] The constitutional claim of the Government of Georgia against the President of Georgia, dated 16 August 2022, N1723. [3] See the Orders of the Constitutional Court dated 03 February 2022 N3/1/1711 and N3/2/1723.

The Africa Bird Data packages: African citizen science bird data in R

The African Bird Atlas Project (ABAP) and the Coordinated Waterbird Counts (CWAC) are the main citizen science bird monitoring programmes in southern Africa. ABAP data are collected by volunteers that compile bird lists over a grid of geographic areas known as pentads, resulting in millions of records that are key to studying bird distribution. In contrast, CWAC collects data on waterbird abundance at a selection of wetlands twice a year, offering important data on waterbird population dynamics. ABAP and CWAC data are extensively used in research. They also provide the evidence base for conservation decisions, site management and national reporting obligations against international agreements. The respective project websites provide distribution maps, summary statistics and basic data download features. However, a more advanced use of these data for modelling and their incorporation into analytical workflows requires flexible and direct access to the databases. The Africa Bird Data R packages presented here provide an important functionality to download and process data directly into the analytical software R. Apart from accessing the databases, there are functions that help with the analysis of these data by incorporating model covariates or formatting data for R packages that are popular for the analysis of this kind of data. Our objective is to make African bird data more accessible and easier to work with in order to unlock their full potential for research, and to inform management and conservation actions.

Open Economy Macroeconomics: Developments in Theory and Policy Using the TOPSIS Methodology

Open economy macroeconomics examines the complex interplay between a nation's economic policies and global financial markets. This field of study addresses critical issues such as exchange rate determination, balance of payments, and the effects of trade and capital flows on a country's economic performance. The increased integration of economies through globalization has made it essential to understand how domestic economic policies, such as monetary and fiscal policies, interact with international economic environments. This paper explores the key concepts and models in open economy macroeconomics, including the Mundell-Fleming model, purchasing power parity, and the dynamics of exchange rate regimes. The study of open economy macroeconomics has gained prominence with the growing interconnectedness of global markets. Unlike a closed economy, where all economic transactions occur within national borders, an open economy engages in trade and financial transactions with other countries. This openness introduces new challenges and opportunities for policymakers, as domestic economic conditions are increasingly influenced by external factors such as foreign exchange rates, international trade agreements, and global capital flows. Open economy macroeconomics seeks to understand how these external factors affect key economic variables, such as output, inflation, and employment.The significance of studying open economy macroeconomics lies in its profound implications for both national and global economic stability and growth. As economies become increasingly interconnected, understanding the mechanisms by which international trade, capital flows, and exchange rates influence domestic economies is essential for effective policymaking. This field of study is particularly relevant in today’s world, where financial crises, trade wars, and global economic shocks can have ripple effects across borders, impacting nations' economic well-being regardless of their size or level of development.. Free Trade Agreements, Currency Pegging, Capital Controls, Trade Tariffs, Exchange Rate Floating. GDP Growth Rate (%),Trade Balance (Billion $), Inflation Rate (%),Unemployment Rate (%). The results indicate that Free Trade Agreements achieved the highest rank, while Capital Controls had the lowest rank being attained. The value of the dataset for Corporate Open Economy Macroeconomics according to the topsis Method, Integrated Pest Management achieves the highest ranking.

A hundred years of Pacific halibut management in the context of global events and trends in fisheries management

The Convention for the Preservation of the Halibut Fisheries of the Northern Pacific Ocean, signed between Canada and the United States of America on 2 March 1923 and ratified on 21 October 1924, established the International Fisheries Commission, renamed in 1953 to the International Pacific Halibut Commission (IPHC). It was the first international agreement for joint management of a marine fishery resource and a major milestone for development of modern standards for marine conservation. The IPHC’s centennial year is an opportunity to celebrate a remarkable history of the Commission, but also reflect on challenges that shaped its mission. Born from alarms about overfishing during World War I, the Commission gradually gained authority to implement a wide range of conservation measures through established public confidence in its basis for decisions. This paper explores the evolution of management measures applied to Pacific halibut commercial fishing shaped not only by the changing stock conditions and growing demand for seafood, but also global events and trends in fisheries management. It examines the impact of rapid commercialization of fisheries driven by population growth and technological improvements, establishment of exclusive economic zones and altered access to fishing grounds, and adoption of Agenda 21, which highlighted the importance of balancing environmental, economic, and social aspects in fisheries management. It concludes by discussing the lessons learned over the past century and their implications for future fisheries management, emphasizing the importance of international cooperation, adaptive strategies, and science-based policies in sustaining transboundary fish stocks like the Pacific halibut.

European Parliament-Commission Relations and International Agreements

This article studies the practices of interaction between the European Parliament (EP) and the Commission during the negotiation of international agreements. The Commission negotiates on behalf of the EU and since 2009, the EP can veto the ratification of most agreements. While the EP has sometimes leveraged its veto power through various activities, it is unclear how the EP and the Commission interact in practice. Therefore, this article asks: how do the EP and the Commission interact during the negotiation of international agreements? I rely upon twenty-nine semi-structured interviews with EP and Commission officials in six policy fields. I distinguish six practices and three types of EP-Commission interactions, which differ depending on the policy field. First, trade displays very dense, maximalist interactions. Second, justice and home affairs, and environment and climate, episodically display practices going beyond information provision. Third, other policy fields display only practices of informing the EP. These results confirm the distinctiveness of the policy field of trade, show the fragmentation of the EU’s political order regarding international agreements and the potential instability of practices of interaction. Taken together, the article demonstrates the value of analysing EP-Commission interactions, rather than focusing solely on the perspective of the EP’s assertion.

Can health impact assessment help tackle commercial determinants of health and support a wellbeing economy?

Commercial activity has positive and negative effects on health. Adverse commercial impacts on health are underpinned by corporate power and economic models and policy that prioritize economic growth, rather than a wellbeing economy that prioritizes health, equity and sustainability. Health in all policies (HiAP) aims to ensure that all policies promote health and health equity, using processes including health impact assessment (HIA). We aimed to explore the potential for HiAP and HIA to help address commercial determinants of health and promote a wellbeing economy. We completed a scoping review to identify how HiAP approaches, including HIA, could address commercial determinants, including challenges and implications for practice. This found synergy between the concepts of wellbeing economy and HiAP. However, corporate interests have sometimes co-opted HiAP to influence policy. We found some examples of HIAs of transnational corporations and international trade and investment agreements. We reviewed HIA frameworks for guidance to practitioners on managing corporate influence. This identified little guidance on identifying and managing corporate and other conflicts of interest or managing power differentials between stakeholders. We also mapped wellbeing economy outcomes against health determinants considered in selected HIA frameworks. This found that HIA frameworks with a comprehensive checklist of health determinants prompt consideration of most wellbeing economy outcomes. HIA could support the transition to a wellbeing economy if applied routinely to economic policies, but ideational change is also needed. HIA frameworks should provide guidance on corporate conflicts of interest and power differentials.

Litigância climática em face do atual estado de coisa inconstitucional e inconvencional no Brasil

Planet Earth is going through an accelerated and continuous process of climate change due to unprecedented human intervention. It is a cross-border problem that threatens all existing forms of life, including humanity itself, present and future. Brazil, which has already figured as a world protagonist in the fight against climate change, is currently one of the largest GHG emitters on the planet, mainly related to the expansion of deforestation and fires, in defiance of the obligations assumed under the CF/1988, infra-constitutional legislation and numerous ratified international treaties. Therefore, considering that in its constitutional structure the right to a stable climate is a fundamental right, the fight against climate change and its consequences is a duty of the State, in order to limit its discretion, removing its ability to decide on the convenience and opportunity to act, the objective of this article is to analyze these recent and frequent violations and how they have repercussions on the human and fundamental right to a balanced environment, generating an unconstitutional and unconventional state of affairs that can be legitimately recognized by the STF from the filing of climate litigation.

A FORÇA NORMATIVA DOS TRATADOS INTERNACIONAIS, EM MATÉRIA AMBIENTAL NO DIREITO BRASILEIRO

This paper aims to define which sources of international environmental law are effectively recognized in Brazilian domestic law. This legal recognition concerns both the formal aspect, in the sense of the process of celebration and reception of the international treaty, as well as international norms and principles that are applied without there having been a process of internalization of the norm. The objective of this analysis is to verify the reach of international environmental standards in Brazilian jurisprudence, especially in higher courts.

Enforcement of smart contracts in cross-jurisdictional transactions

Purpose This research aims to explore the complexities surrounding smart contracts enforcements in cross-jurisdictional transactions. Design/methodology/approach To achieve the aim of this study, doctrinal legal analysis was adopted. Although the subject is multidisciplinary, the aspect of enforcement in cross-jurisdictional transactions from legislative analysis does not require a technical method to be analysed, hence the adoption of this method. Where relevant legal academic journal articles were sourced and analysed along different legislative frameworks in some jurisdictions under review. To determine the legality of smart contracts, applicable law and court with jurisdiction to enforce blockchain smart contract disputes. Findings It was discovered that there remain fundamental questions regarding jurisdiction, applicable law and enforcement. Due to the problem of a uniform legislation to manage smart contract transactions. Research limitations/implications This study limits itself to the legality of smart contracts within a conflict of laws, and it propels the need for either a choice of domestic legislation for parties to be bound or the adoption of a universal legal framework for all smart contract formation through an international treaty or convention that has a binding effect on contracting parties to a smart contract. Originality/value This study highlights the fact that the key elements of smart contracts within traditional contract requirements as provided in domestic legislation vary across jurisdictions. This variation results not only in conflict of law but also affects enforcement in cases of dispute in the contractual terms.

Invasive species management: The case of pink salmon in Iceland

The combination of warming waters and increased human activity in the Arctic creates increasingly favorable conditions for the arrival of invasive species to Arctic and sub-Arctic aquatic ecosystems. Invasive species threaten biodiversity and can impact local communities and industries that rely on healthy ecosystems. In Iceland, the pink salmon (Oncorhynchus gorbuscha), native to Pacific waters, has been found in rapidly increasing numbers since 2017. This research aimed to explore the institutional response to the arrival of pink salmon in Iceland. Documents such as international agreements and Icelandic laws and policies were analyzed for similarities, differences, and knowledge gaps related to pink salmon management. In addition, semi-structured interviews (n=10) explored experiences, knowledge, and opinions of individuals in different levels of decision-making, biological research, angling tourism, and nature conservation. Results show that reactions to the arrival of pink salmon are limited to registration of catches. No widespread research has been initiated and knowledge of basic ecology and potential impacts are lacking. Furthermore, no organized coordinated management responses are in place. Because of the growing importance of invasive species management around the world, this research adds novel insight into opportunities for improvement of invasive species management in Iceland through the development of recommendations for formalized procedures and risk assessments.

Attaining conservation goals for quinoa: Implications for public policy in Peru and beyond.

Worldwide many crop varieties are considered seriously threatened while management strategies are still lacking. Goals and indicators relevant to the conservation of agrobiodiversity also remain to be developed. Here we present the results of three expert workshops in Peru designed to prioritise for conservation crops with high infra-specific diversity, along with the establishment of in-situ on-farm conservation goals and indicators. Analysing the results of a series of agrobiodiversity-related Payments for Ecosystem Services (PES) interventions realised between 2010 and 2021, "gaps" between current conservation status and the conservation goals are established. The identification of such gaps within the Peruvian regulatory framework is indispensable for justifying long-term government funding. Furthermore, the goal and indicator development processes initiated in Peru could also form a template for other countries, with a view to supporting the implementation of a range of international treaties, conventions and development goals.

دور الأمن القومي في ابرام المعاهدات الدولية

Abstract National security is considered one of the important and fundamental issues that societies have worked to provide and achieve, both in ancient and modern times, because it reflects the protection of individuals and the achievement of social welfare for them on the one hand, and the protection of the form and system of the state internationally on the other hand. Countries have worked to provide national security through the stages that have swept the life of the international community, specifically after World War II, as the international community realized the importance of this issue and moved towards finding it by all means in order to achieve the requirements of welfare for its peoples and security and reassurance for them on the one hand, and on the other hand, protecting the political system of governments. Given the importance of national security globally, its work path has shifted from internal and national to regional and international, as the current stage is represented by the protection of this concept, through working to find a safe haven for countries by employing national security in the documents of international agreements and treaties, whether bilateral or collective, in order to protect small and developing countries from the ambitions of major countries, as well as the issue of providing global food security, which has become a real danger due to desertification and serious environmental problems and the problem of global inflation due to international wars and their repercussions on all countries, as the issue of water security played another role in the path of national security and protection and the necessity of providing it to countries as it is one of the vital factors for the continuity of life and the stability of countries, because it has become a strong economic threat to countries participating in international water rights, and thus it was a wide field for concluding treaties and agreements regarding the preservation of the rights of others in it, and the study resulted in living examples of everything that was stated about the protection of the national security rights of countries. Keywords (national security - dimensions of national security - food security - water security - international treaties).

Polish Practice on Promulgation of International Agreements Between Poland and the Ussr, 1944–1960

This article raises the issue of the proper publication of international treaties and their presence in the Polish legal system. The authors analyze this issue based on re¬search conducted on Polish-Russian treaties from 1944–1960. Their research has shown that, during this period, only 11% of treaties were properly published. The research – conducted on a very limited subject: only bilateral agreements between Poland and the USSR – leads to the pessimistic conclusion that in Poland it is customary practice to refrain from publishing an international agreement in the Journal of Laws and that citizens do not have at their disposal a single official or unofficial source to reconstruct Poland’s current obligations, which may indeed directly concern them. Also this finding raises important questions about the accessibility and enforceability of international treaties in the Polish legal system. At the international level, the consequences of failing to publish an act and to ensure official promulgation can be much more serious. In the absence of information about published agreements, it is not possible to sufficiently and completely determine the obligations between states nor to reconstruct the relations binding them. It is also impossible to clearly determine which international agreements are still in force between countries, which are invalid and which have expired.

Implementation and Interpretation of The Definitions of International Crimes in The National Jurisdiction of Ukraine

The article consists of two parts, the first of which discusses the problems associ ated with implementing the provisions of international law in the Ukrainian legal system regarding the understanding of the concept of “international crimes”. It underscores that the different definitions are due to the fact that Ukraine is not a party to the Rome Statute. However, it should be noted that most provisions of international law regarding interna tional crimes regarding war crimes, the crime of aggression and the crime of genocide are part of the Ukrainian legal system. At the same time, there are no crimes against human ity in Ukrainian national criminal law. The second part addresses the issues regarding Ukrainian courts’ interpretation of the national criminal law and international treaties on international crimes: interpreting the provisions of United Nations acts and the Rome Statute, applying the principle of “nullum crimen sine lege”in the context of prosecuting the crime of Holodomor, interpreting the provisions of the European Convention on Human Rights in connection with the use of trial in absentia in the case of Russian war criminals and interpreting provisions regarding universal jurisdiction in Ukrainian law.

The Interconnection Between Intellectual Property and The Growth Of Green Technologies

The growing concern for curbing global warming and environmental hazards requires environmentally sustainable resources and such a need has led to the use of green technology and green products. The Intellectual property law aims at promoting innovation through incentivizing and commercializing such innovation. This paper focuses on how the Intellectual Property Law impacts the use of green technology and the innovation of the same by discussing the ambit of intellectual property law which provides protection to green technologies under Indian law, various international laws, rules, regulations, agreements and treaties and at the same time how it prevents abuse of such power. This paper therefore discusses the importance of providing intellectual property rights to innovator of green technology and how such protection can be effectively enforced by ensuring the wide access of such technologies to all. Therefore, it discusses the inter-relation between intellectual property law and green technologies by providing checks and balances in the enforcement of such laws with regard to public accessibility. Doctrinal Research Methodology is used in this paper.

Особливості формування виробничого потенціалу підприємств харчової промисловості

The study aims to determine the characteristics of the production potential of food industry enterprises, assess their current state, and determine directions for increasing the efficiency of production potential in martial law conditions. The research methodology involved using existing modern scientific and empirical achievements and recommendations regarding the peculiarities of the formation of the production potential of food industry enterprises. Official statistical data were used to analyze the size and scope of production, the efficiency of using labor resources, and the volume of capital investments. The time range covered 2021-2023. Indicators characterizing the efficiency of the functioning of enterprises include the volume of manufactured and sold products, the value of which increased by 15.5% and 20.6%, respectively. The number of workers employed in the production of products tended to decrease (-6.8%). The main problems accompanying food enterprises as a result of hostilities were loss of relations with suppliers, lack of stable sales directions for manufactured products, reduction in the number of personnel due to the mobilization of part of the employees, reduction in the number of personnel due to departure abroad; instability of the credit and financial sphere (high interest rates on loans, instability of the national monetary unit); absence or instability of the supply of raw materials and materials, including gas, electricity, water; occupation of territories where enterprises operate. Despite the troubles, food industry enterprises restored the pre-war level of capital investment and exceeded it by 4.3%. The state needs to focus its efforts on the following areas: financial and credit and tax incentives and infrastructure support to increase the production potential. The following programs have already been implemented and are operating to support enterprises affected by military actions: loans for working purposes at 1% per annum; an increase in the provision of state guarantees to 80; increasing the limit under the “5-7-9%” program to 150 million hryvnias; conclusion of international trade agreements for the export of manufactured products; reduction of dependence on imported raw materials; quotas for the import of products that have a higher competitive position compared to domestic types of products; reduction of bureaucracy; referral of employees to retraining and training; stimulation of innovations, etc. Keywords: production potential, resources, size and scale of activity, food industry enterprises.