States Parties Research Articles

Türkiye's milestones in Antarctica and main arguments in its motivation

This study aims to clarify the fundamental arguments underlying Turkish motivation regarding the Antarctic Continent. The article asserts that Türkiye's motivation is grounded in its scientific endeavors, aligned with the principles of the Antarctic Treaty. Study suggests that, upon achieving the status of a Consultative Party, Türkiye, acknowledged as a regional actor, has gained heightened attention for its objectives in Antarctica and its increasing efforts in this domain, particularly over the past decade. The article proposes that if Türkiye, driven by its scientific pursuits in harmony with the ethos of the Antarctic Treaty, attains Consultative Party status alongside its growing influence, it could potentially make substantial contributions to strengthen and perpetuate the Antarctic Treaty System in line with its current understanding.

Public opinion on reforming U.S. primaries

AbstractObjectiveFew studies have measured public attitudes about reform proposals for changing direct primaries. Despite strong public support over the past century for holding primaries, does the public want to change the direct primary, given its very low voter turnout and its potential role in fostering political polarization?MethodUsing a unique nationally representative survey of 3000 U.S. adults conducted in March 2023 by YouGov, this study shows that a majority of Americans support reform of primary elections.ResultsThe reforms which receive the greatest support are those that seem more “democratic” such as establishing national congressional primary and holding open primaries. There is lower support for reforms that give political parties more control over selecting candidates, such as state party conventions. There are significant differences between Republicans, Democrats, and independents, while factors such as interest, education, gender, and race have a minimal impact. Individuals living in states with nonpartisan primaries are more favorable toward this specific reform, ranked‐choice voting, and open primaries, but primary type was not significant in regression models.ConclusionsThe public is opposed to reforms that give parties more say in choosing candidates, consistent with public sentiment a century earlier when the direct primary was adopted.

Working Paper 50: Seedlings of hope: Addressing corruption linked to crimes that impact the environment in line with UNCAC Resolution 8/12

At the 8th session of the Conference of the States Parties to the United Nations Convention against Corruption (UNCAC), in December 2019, States parties adopted a resolution recognising the relationship between corruption and environmental crimes. 
 Resolution 8/12 – Preventing and combating corruption as it relates to crimes that have an impact on the environment – is a landmark Resolution. With its 23 operative paragraphs (OPs), it underlies the importance of addressing corruption linked to crimes that have an impact on the environment. It urges States parties to prevent, investigate and prosecute corruption offences where they may be linked to crimes that have an impact on the environment. 
 This Working Paper report presents a concise overview of prevention and enforcement actions, initiatives and measures implemented by UNCAC States parties between 2019 and 2023 to combat corruption as it pertains to crimes that have an impact on the environment. Section 2 focuses on prevention and Section 3 on enforcement actions.
 Section 4 underscores the valuable contributions made by non-state actors, in particular civil society, academia and the media in this collective endeavour.
 The conclusion includes a list of promising initiatives for corruption prevention and enforcement.

Analysis of the Current Research Status of Overseas Chinese Communist Party in the New Era in the Past 10 Years Based on CiteSpace Data Analysis

Analysis of the Current Research Status of Overseas Chinese Communist Party in the New Era in the Past 10 Years Based on CiteSpace Data Analysis

Doctrinal Approaches to the Problem of the Influence of a Fundamental Change in Circumstances on the Operation of Treaties

The paper is devoted to the study of the views on the problem of the influence of a fundamental change in circumstances on the operation of treaties that existed in the science of international law before the adoption of the Vienna Convention on the Law of International Treaties of 1969. The author analyzes the following approaches, common in international legal science, to the problem of applying the rebus sic stantibus clause in interstate contractual practice: its unconditional support; her denial; recognition of the admissibility of using a clause in the presence of a number of conditions.Based on the study of special scientific literature, conclusions are drawn regarding the validity and acceptability of each of the approaches, which to a certain extent contributes to a proper understanding of the true meaning of the current conventional norm on the impact of a fundamental change in circumstances on international treaties. An analysis of the first approach, which assumes the right of any of the states party to the treaty to refuse to implement it in the event of such a change in circumstances that seriously affects the fundamental rights of this state, leads to the conclusion that in the absence of clear criteria for the use of a clause, it is almost impossible to reliably answer the question of whether after a change in circumstances, the implementation of the contract will threaten the fundamental rights of the state. The denial of the rebus sic stantibus clause was argued either by challenging its legal essence or by stating its inconsistency with the principle of pacta sunt servanda. The third approach, which is the most realistic, won approval at the UN Vienna Conference on the Law of Treaties and was normatively enshrined in the Vienna Convention of 1969, which ultimately made it possible to remove uncertainty regarding the impact of a fundamental change in circumstances on the operation of international treaties.

Beyond Bellephonic Sound: Exploring Some Musical Diplomacies during the Ukraine War

British Secretary of State for Digital, Culture, Media and Sport Nadine Dories proclaimed culture and sport the “third front in the Ukrainian war”. Russia, Ukraine but also national institutions in Western countries recognize this strong dimension in their own strategic conducts. Music is clearly part of this War whether on the side of belligerents or of third party States, cultural actors and artists even though they try to escape he dilemmas they cause. What does mean listening music in such figuration? Does it entail a “bellephonic sound” dissemination that could not be transcended or are there some experiments of musical diplomacies that tend to have another representation of otherness even in a context of war? By focusing on several musical programs and institutions in Europe since the beginning of Ukraine War, this paper aims at shedding light on the role of music as a source of recognition in strategic context from public diplomacy to people-to-people diplomacy.

Reconstructing the unknown: an integrated and multisource description of Albanian landscape transformations since the 1850s

This paper aims to reconstruct the Albanian rural landscape through qualitative, diachronic, and multisource interpretations from the mid-19th century until 2022. For the first time, the data suitable for studying and describing landscape changes have been outlined to understand them over time, combining literature, historical maps, paintings, photo collections, movies, land art, and statistical dataset interpretations. By describing the changes in the Albanian landscape and interpretation of agricultural statistics, the research has confirmed the land-use dynamicity of its rural landscape. These considerations call for a more contemporary approach to landscape planning, stressing the need for the State Party to sign the Council of Europe Landscape Convention. In addition, strategies and actions should valorise both the ordinary landscape and the community involvement in its proactive management.

The Crafting of the Dengist Rural Development Strategy in Post- Mao China: 1978-88

From the late 1970s for almost a decade post-Mao China witnessed momentous rural reforms. The focus on rural development emerged as it was no longer tenable to raise agricultural production with efficient costs and obtain a higher proportion of it for urban industrial supplies without attending to the peasants' interests and aspirations for a better standard of living. Any further muddling through the situation could have been politically costly for the party state. Post 1978, under Deng Xiaoping’s leadership a new rural development strategy was therefore devised, which was markedly different from the earlier Maoist strategy. This paper explores the course of the rural reforms since the Third Plenum that witnessed swift de-collectivization once reforms in the commune system were initiated and examines the party-state’s response to reforms induced emergent problems, to finally argue that under Deng’s leadership, the new framework of rural development that was instituted was informed by a logic of privatization, within the socialist economy that Mao had built. Contemporary China’s economic rise can be traced to these reforms.

TERMINATION OF CONTRACT OF EMPLOYMENT; REASON(S) REQUIRED OR NOT? A REVIEW OF GHANA’S LABOUR STATUTES AND CASE LAWS

The laws which regulate employment relations have gone through various stages from the master-servant relationship in the medieval period to the current statutory implied provisions embedded in employment contracts. In the current era of insatiable search for the rights and dignity of all persons across the world, the need to ensure decent work conditions has been of great interest. The right of workers to enjoy employment security is entrenched in the International Labour Organization (ILO) Convention on Termination of Employment (Convention 158) and Termination of Employment Recommendations in 1963. State parties to the ILO are required to incorporate such provisions in their national laws. The ILO Conventions and Recommendations on termination of employment contract require that employment contract should be terminated on a stated reason but not at the whim and caprices of the employer. Though Ghana has not yet ratified the ILO Convention 158, the passage of the Labour Act 2003, (Act 651) was guided by the provisions in the ILO Convention on Termination of Employment. Notwithstanding the safeguards provided in Ghana’s Labour Act to protect employees from arbitrary termination of employment, the judicial interpretations have maintained the view that an employer can terminate an employment contract without giving reasons. This interpretation placed the Ghanaian worker at the mercy of the employer. What is worse is that many negotiated collective agreements contain provisions for the termination of a contract of employment at will. A recent judicial interpretation has departed from the previous view that an employment contract can be terminated without reason, thereby giving a sigh of relief to the Ghanaian worker. This paper, through theoretical reviews, seeks to reinforce the judicial interpretation that there must necessarily be a reason for the termination of a contract of employment.

TOWARDS ACHIEVING THE PURPOSES OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC) FOR THE IMPROVEMENT OF HUMAN RIGHTS PROTECTION IN NIGERIA: ESSENTIALITY AND NECESSITY OF EFFECTIVE DOMESTIC ENFORCEMENT INSTITUTIONS

Corruption violates human rights and manifests in many forms including embezzlement, bribery, and money laundering. It is a crime which includes economic and financial crimes. It exists in every country of the world including Nigeria. The United Nations Convention against Corruption (UNCAC) 2003 was the direct legal response to prevent and combat the menace. The bulk of enforcement of the UNCAC is the duty of the State Parties via the domestic system but Nigeria has yet to domesticate same. This paper makes a case for the essentiality and necessity of effective domestic enforcement institutions in Nigeria towards achieving the purpose of the UNCAC.

Potential determinants of voting behaviour of the electors of Assam

The political parties are the backbone of the democratic form of government. The political parties are constituted to capture the power of the state and rule thereof. The composition, nature, and ideology or principle of every party is different but the primary objective is to capture the power of the state is the same. So, in order to capture the power, the political parties initiated different strategies and considered various determinants. The determinants might differ from party to party and place to place. Assam as a state of India is run by a state government following the parliamentary form of government and the party that gets the majority in the Legislative Assembly of Assam is allowed to form the government. Hence, there are many contesting political parties in Assam, and out of that some are national and others are state and regional level parties. During the election, the national, state and regional political parties of Assam considered certain factors to win the confidence of the people. These factors determine the fate of the elections. Thus, this paper is intended to focus on the determining factors in Assam, and by analyzing the factors past experiences of the political parties are analyzed to justify the arguments.

‘So…What Exactly Is To Be Done?’: The National Implementation of Reasonable Accommodations for Persons with Disabilities According to the United Nations Human Rights System

This article explores the specific measures that States should adopt for the national implementation of reasonable accommodations —a key feature of the UN Convention on the Rights of Persons with Disabilities and a critical tool in addressing disability equality and non-discrimination. It argues that the Convention itself offers limited guidance on this issue, suggesting that State Parties should turn to the practices of UN human right bodies for orientation, despite acknowledging challenges in doing so. The main finding highlights that the national implementation of reasonable accommodations demands a series of measures across different domains, emphasizing that mere incorporation into national legislation is necessary but not sufficient.

Activities of the United Nations in combating gender-based crimes

The article is dedicated to the issue of the United Nations activities in preventing and eradicating gender-based crimes. It is indicated that gender-based violence and gender-motivated killings can be classified as hate crimes motivated by intolerance towards certain groups of the population. It is noted that an important contribution to combating gender-based crimes was made by the General Assembly, the Secretary-General, the UN Office on Drugs and Crime, the Committee on the Elimination of Discrimination against Women, the Special Rapporteur on violence against women and girls, its causes and consequences, and other bodies, institutions and structures of the Organization. In particular, the UN General Assembly has adopted a number of resolutions in this area, including Resolution 68/191, which set out recommendations to Member States and UN bodies, agencies and institutions on measures against gender-related killing of women and girls. In pursuance of this recommendation, an open-ended intergovernmental expert group meeting was convened to review promising practices and formulate a number of practical recommendations on ways and measures to improve the effectiveness of efforts to prevent and investigate gender-related killings. It is indicated that since 2019, UNODC has been implementing the Global Programme on Strengthening Crime Prevention and Criminal Justice Responses to Violence against Women, providing specific solutions that complement existing UN joint programmes and country projects. It is noted that the Committee on the Elimination of Discrimination against Women has played an important role in combating gender-based crimes. In particular, in its concluding observations on the periodic reports of States parties and in the context of relevant follow-up procedures, the Committee consistently condemns gender-based violence. In addition, the Committee provides clarification of the standards related to the elimination of such violence and the related obligations of States parties. The article also focuses on the work of the Special Rapporteur on violence against women and girls, its causes and consequences in this area.

State-Civil Society Relations

Abstract This paper explores the international comparative potential of the United Nations Convention on the Rights of the Child (crc) monitoring process. Interest in such comparisons has increased in recent years; however, several factors limit the efficacy of using crc reporting documents for cross-national comparisons. Focussing on the role of civil society organisations (cso s) in the crc reporting process, we examine how state reliance on cso s to perform vital functions of the crc might influence developments in children’s rights and how these developments get monitored and recorded. Drawing on Social Origins theory, we illustrate how different state-civil society relationships can lead to heterogeneous and uneven provision of, and reporting on, children’s rights issues, interventions and developments. Our evaluation leads us to problematise the use of the crc Concluding Observations to compare the performance of States Parties on their duty to protect the rights of the child.

The Tribulations of the International Criminal Court

This research focuses on substantial responses that international criminal law can provide to address the limits and ineffectiveness of the International Criminal Court. It sheds light on the reasons behind its failures. The Court is a victim of an intrinsic dualism: a political organ (the States Parties) and a legal organ (the Court itself) ensure its functioning. The problem is that the aims of these two organs are not necessarily the same. While the goal of the ICC is to end impunity, it is powerless as the States parties don't equip it with enough means of pressure. By exploring some controversial cases, the study highlights the threats faced by its mandate. The study concludes that the Court should clarify the legal standards it applies to its criminal proceedings, work based on clear prosecution strategies and policies, put an end to its endless impunity.

Responsibility for Offences against Internationally Protected Persons: Contemporary Legal Aspects

The article examines complex legal aspects of the problem of responsibility, when it comes to offences against internationally protected persons (OIPP). The article reveals that, depending on the international legal qualification of the offence, OIPP can be qualified as either an ordinary crime (the one prosecuted under domestic law following the participation of the State in the relevant international conventions the key of which is the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents) or an international crime when it is a violent act against the protected person committed in the situation of an armed conflict. The authors argue that notwithstanding the fact that both cases entail individual criminal responsibility of the delinquent, individual criminal responsibility for OIPP as an ordinary crime occurs to the extent in which a State party to a relevant international convention has provided for punishment in its national legislation for the conduct criminalized thereby. At the same time, with regard to OIPP as a war crime, the article highlights that the commission of OIPP engenders the right to exercise universal jurisdiction under customary international law and the obligation to exercise quasiuniversal jurisdiction under the “Geneva law” for the purpose of bringing delinquents to justice. In the meantime, the most controversial issue is the question of international legal responsibility of a State in cases of OIPP. It is argued that such responsibility can arise, when OIPP is a war crime committed by a State agent or a non-State actor effectively controlled by the State, as well as when it fails to undertake necessary measures to ensure personal inviolability of protected persons in violation of diplomatic law, or in situations of the denial of justice.

A closer look at the international health regulations capacities in Lebanon: a mixed method study

BackgroundLebanon ratified the International Health Regulations (IHR) (2005) in 2007, and since then, it has been facing complex political deadlocks, financial deterioration, and infectious disease emergencies. We aimed to understand the IHR capacities’ scores of Lebanon in comparison to other countries, the IHR milestones and activities in Lebanon, the challenges of maintaining the IHR capacities, the refugee crisis's impact on the development of these capacities; and the possible recommendations to support the IHR performance in Lebanon.MethodsWe used a mixed-method design. The study combined the use of secondary data analysis of the 2020 State Party Self-Assessment Annual Report (SPAR) submissions and qualitative design using semi-structured interviews with key informants. Semi-structured interviews were conducted with nine key informants. The analysis of the data generated was based on inductive thematic analysis.ResultsAccording to SPAR, Lebanon had levels of 4 out of 5 (≤ 80%) in 2020 in the prevention, detection, response, enabling functions, and operational readiness capacities, pertaining that the country was functionally capable of dealing with various events at the national and subnational levels. Lebanon scored more than its neighboring countries, Syria, and Jordan, which have similar contexts of economic crises, emergencies, and refugee waves. Despite this high level of commitment to meeting IHR capacities, the qualitative findings demonstrated several gaps in IHR performance as resource shortage, governance, and political challenges. The study also showed contradictory results regarding the impact of refugees on IHR capacities. Some key informants agreed that the Syrian crisis had a positive impact, while others suggested the opposite. Whether refugees interfere with IHR development is still an area that needs further investigation.ConclusionThe study shows that urgent interventions are needed to strengthen the implementation of the IHR capacities in Lebanon. The study recommends 1) reconsidering the weight given to IHR capacities; 2) promoting governance to strengthen IHR compliance; 3) strengthening the multisectoral coordination mechanisms; 4) reinforcing risk communication strategies constantly; 5) mobilizing and advancing human resources at the central and sub-national levels; 6) ensuring sustainable financing; 7) integrating refugees and displaced persons in IHR framework and its assessment tools; 8) acknowledging risk mapping as a pre-requisite to a successful response; and 9) strengthening research on IHR capacities in Lebanon.

Preserving Law and Order: How Institutions Implementing International Norms on Refugee Protection Can Restrict Asylum Outcomes

Abstract The international frameworks on refugee protection, including the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, are among the strongest norms to govern international mobility. Despite the salience and universality of these international norms, however, asylum outcomes, as indicated by refugee recognition rates (RRRs), vary extensively across state parties. The variation in RRR signals a critical normative gap between the institutionalization and implementation of international norms on refugee protection. In this article, I offer an explanation for this gap by examining the role of domestic institutions responsible for implementing relevant international (and domestic) laws on the ground. Through in-depth interviews, participant observation, and analysis of government, media, and non-governmental organization materials, I investigate the case of South Korea, a wealthy liberal democracy known for its exceptionally low RRR. I argue that South Korea’s low RRR is a result of the preexisting and prevailing ethos of the institutions responsible for refugee status determination, which is deeply rooted in the preservation of law and order and therefore fundamentally conflicts with the human protection principles underlying the Convention.

The banning of political parties in post-Yugoslav states. Croatian and Serbian experience in using militant democracy

ABSTRACT The aim of this paper is to explore the effectiveness of a classical militant democracy instrument, as banning of extremist parties since the beginning of the political transition in 1990s in post-Yugoslav states. Comparative studies are based on Croatian and Serbian experiences, when since political transition new types of political regimes started developing as part of a boom for national parties that could guarantee consolidation of the state. The methods employed for the analysis are the qualitative analysis of sources. Corpus of sources includes national legislation, official documents, NGOs’ reports, and media content related to banning political entities. Conclusions from the study provide knowledge fill the gap in the state of art about circumstances for dissolving anti-democratic entities in the post-Yugoslav states. Moreover, they allow to verify relevant approaches and models of anti-democratic organizations, encompassing the specific types of political culture in Croatia and Serbia.

Srpska stranka (1920-1926): ideologija – praksa – ishod

This paper reconstructs the ideology and political practice of the Serbian Party, the only political party that in the first Yugoslav state stood for Serbian nationalism and the defense of Serbian cultural and state traditions. The central theme of the paper is the attitude of the ideologues of the Serbian Party towards Yugoslavism as a state and national idea. Special attention is paid to the attitudes of the Serbian Party towards the so-called the “Croatian question” and its relation to Bosnian and Old Serbian Muslims, Catholic clericalism and national minorities. In addition, we expose the foreign policy conceptions of the Serbian Party and its relationship with neighboring countries and the Versailles order. At the end, we analyzed the attitudes of the Serbian Party towards the leading political parties of the first Yugoslav state and its cooperation with ideologically similar political groups such as the Serbian National Youth (SRNAO), the Serbian National Organization, the Warrior Party and the Associations of Volunteers and thewar invalids.