Principle Of Non-intervention Research Articles

Unilateral Sanctions under International Law and Effectiveness of Blocking

INTRODUCTION. This article discusses modern international legal concept of unilateral sanctions. The authors contribute to the emerging discussion on the qualifying of unilateral sanctions under international law.MATERIALS AND METHODS. In this study we took into account the works of both Russian and foreign scholars in the field of international economic law, as well as analyzed documents and materials of international organizations (United Nations (UN), World Trade Organization (WTO) and others) in order to assess the compatibility of unilateral sanctions with international law. General scientific methods of cognition (analysis, synthesis, induction, and deduction), special legal methods (formal-legal, technical-legal, method of legal analogy) and comparative legal method were used in the presented research.RESEARCH RESULTS. Presented analysis has shown that widely used term “unilateral sanctions” leads to abusive and inappropriate use of international legal term. Analysis of compatibility of unilateral sanctions with other types of coercive measures such as countermeasures, UN Security Council sanctions, retortions, reprisals have shown that unilateral sanctions do not fall under the meaning of all mentioned measures. In addition, unilateral sanctions should not be justified under the WTO security exceptions. The use of extraterritorial unilateral sanctions contradicts one of the fundamental principles of international law – principle of non-interference in internal affairs. Existing blocking unilateral sanctions mechanisms are not efficient enough to compensate negative effect posed by unilateral sanctions.DISCUSSION AND CONCLUSIONS. Authors concluded that unilateral sanctions in most of the cases do not satisfy cumulative criteria of legitimate countermeasure. Unilateral sanctions are not equivalent to the United Nation Security Council sanctions, as there are no “checks and balances” in the decision-making process in the form of determining the degree of threat to peace and security and taking into account humanitarian exceptions. Although there is some correlation between unilateral sanctions and retortions or reprisals, retortions and reprisals posses criteria of legality and proportionality, while, unilateral sanctions are introduced at the state’s discretion without any standard. Furthermore, the authors argue that to avoid abusive use of the WTO security exceptions WTO panels have to rely on the well-balanced approach used by the Panel in Russia – Transit case. This approach shows that the context of security exception should be understood as encompassing only military and closely related to military issues and does not cover political, economic, cultural or any other interests and relations. Existing blocking mechanisms of unilateral sanctions require separate qualification under international law including compatibility with the legitimate countermeasures.

Formation of philosophical and legal ideas of Taoism

The article examines the philosophical trend of Taoism, which arose in ancient Chinese philosophy around the VI-V centuries BC. e. The founder of Taoism is Lao-Tzu, who formulated the system based on the principle of knowing the Tao as the only true path. The purpose of this article is to analyze the evolution of philosophical and legal concepts that arose within the framework of Taoism. The interaction between the key principles of Taoist philosophy and the legal system is highlighted, as well as the impact of this interaction on the formation of socio-cultural norms and values is evaluated.
 Lao Tzu’s Tao Te Ching defines the key concepts and ideas of Taoism. Attention is drawn to the important statements of Lao Tzu, which reveal the relationship between Taoism and life, morality and nature.
 The article examines the views of various scientists on the principles of Taoism. The text also analyzes the main principles of Taoism, expressed in the «Tao-De-Ching». The Tao is considered as the ruling law of all that exists, inaccessible to the senses, associated with natural chaos. The principle of «u-wei» is defined as a return to the original nature.
 Special attention is paid to the principle of non-intervention, which means a unique approach to state management. According to the opinion of one of the scientists identified in this work, the ruler, following the principles of Taoism, should not intervene by force in natural processes, but should act in accordance with the natural properties of things.
 Emphasis is placed on the fact that with the help of such principles, the state, according to the teachings of Lao Tzu, develops in its own way, without artificial intervention. Criticism of the government that uses force and artificial methods shows the ineffectiveness of such an approach from the point of view of Taoism. The article also examines the concept of the culture of law in the context of Taoism, where adherence to the principles of this teaching ensures legitimacy and legalization, the expression of the will of society, not the state. Emphasizes the perceived need for citizens to adhere to Taoist principles in order to achieve spiritual and physical self-improvement in relation to Taoism.
 Overall, the article reveals the key aspects and development of Taoism as an important philosophical direction in the ancient Chinese context.

The (Latin) American Dream? Human Rights and the Construction of Inter-American Regional Organisation (1945–1948)

Abstract The American Declaration of the Rights and Duties of Man is often cited as evidence of the longstanding centrality of human rights in Latin American approaches to international law. However, when the Declaration is brought into the history of inter-American regionalism, a more complex picture emerges. This article places the early codification efforts of regional human rights within the post-war construction of inter-American regional organisation. It argues that for Latin American and US elites, the priorities lay on institutional, collective security, and economic aspects. In this context, they instrumentally embraced the flexible language of human rights to advance broader regionalist visions. As a result, human rights gained ground, albeit as a contested idea. The article reveals that the post-war institutional settlement ultimately comprised a collective security apparatus, crucial for the United States, supplemented by the principle of non-intervention, vital to Latin American states, in which human rights were not central.

Legal regulation of obligations in international agreements

The law of international treaties is one of the key branches of international law. It is international agreements, as a source of international law, that govern states, since the contractual regulation of international activity is able to ensure civilized interstate cooperation, such as: trade, investment, create appropriate conditions for the development of the economies of the contracting parties, and guarantee security processes in the country. The obligations of states assumed during the conclusion of international agreements, their proper formulation, agreement and compliance are the primary basis of quality international relations. Accordingly, this paper is devoted to the analysis of the normatively determined characteristics of an international agreement and the presence of obligations in them, methods of revival of obligations in the agreement, comparison of agreements with different subjects and obligations in them. Emphasis is made separately on the existing problems of the implementation of current international agreements. The study shows that security agreements usually contain negative obligations, while trade agreements include both positive and negative types of obligations. The above demonstrates that an international agreement is an expression of the will of the parties, their intentions, and also demonstrates the nature of the relationship dictated by the subject of the agreement. Thus, security agreements provide for compliance with the principle of non-interference and refraining from actions that could harm another country. Instead, trade agreements aim at active cooperation between states, which emphasizes the need for positive commitments by countries. The issues of appropriateness of the formation of obligations are equally important, both in international private and in international public law. However, researchers, unfortunately, pay little attention to the specifics of states’ obligations. It is the latter that are important, complex and lengthy to negotiate and affect a wide range of individuals. Undoubtedly, they differ significantly among themselves in the specifics of multilateral international agreements, which provide for accession itself, and not participation in the formation of the texts of agreements. All of the above emphasizes the complexity and multifacetedness of the researched issue. Accordingly, as modern international agreement law develops, it needs new views, the proper formulation of obligations in agreements, and guarantees of the latter’s fulfillment.

ArcelorMittal Steel’s Essar Acquisition: A Long Legal Battle with Ramifications

Essar Steel India Limited (ESIL) participated in an auction under the new Indian Insolvency and Bankruptcy Code (IBC) of 2016 to recover outstanding dues totalling ₹545,470 million owed to financial lenders and operational creditors. The acquisition process, initiated in August 2017, concluded in December 2019, with ArcelorMittal paying ₹420,000 million. This marked the resolution of a prolonged two-year legal dispute. Essar’s case served as a significant milestone in the implementation of the IBC 2016, establishing legal precedents such as the non-interference principle regarding commercial decisions made by the Committee of Creditors by the National Company Law Tribunal. The National Company Law Appellate Tribunal and the introduction of Section 29A were additional developments. The case aims to assess the motivations behind ArcelorMittal’s acquisition of ESIL, evaluate the appropriateness of ArcelorMittal’s approach and examine the impact of the protracted legal battle spanning two years on the deal.

The Asean Stance on Human Rights Violations in Myanmar after the Kudeta

The political and humanitarian crisis engulfing Myanmar following the February 2021 military coup has drawn global attention. This article presents a discussion on human rights and ASEAN's approach to the crisis. Since the coup, Myanmar has witnessed a popular uprising against the military regime, with thousands of casualties and widespread human rights violations. ASEAN, meanwhile, is faced with the dilemma between the principle of non-intervention and the protection of human rights. However, ASEAN has maintained a dialogic approach in dealing with the crisis, reflecting its long-held "ASEAN Way". As such, this article highlights how ASEAN deals with humanitarian challenges and how this unique approach sets it apart from Western countries that are more inclined to engage directly.

Ethical Principles Do Not Support Mandatory Preanesthesia Pregnancy Screening Tests: A Narrative Review

(Anesth Analg. October 6, 2023. doi: 10.1213/ANE.0000000000006669. Online ahead of print) The process of informed consent upholds the principle of patient autonomy, rooted in US constitutional principles of privacy and noninterference. It has been legally required in the United States since 1914, ensuring that individuals have the right to determine what happens to their bodies, as Schloendorff v. New York Society Hospital ruled. The recent US Supreme Court decision on abortion has raised concerns about maternal-fetal conflicts and the rights of pregnant patients to undergo elective anesthesia and surgery. Ethical and legal requirements for informed consent in medical testing vary, with challenges in addressing routine laboratory testing. Not all medical tests carry the same ethical implications, but they should all consider beneficence, nonmaleficence, and patient autonomy. Focusing on the need for preanesthesia pregnancy testing remains a concern in anesthesia and surgery practices. The primary premise is preventing harm to the fetus, but this must be supported by medical evidence and adhere to ethical standards. No study conclusively demonstrates that anesthetic agents significantly increase rates of early human fetal loss or malformations. There is no evidence that anesthetic drugs are generally teratogenic or pose a significant risk of harm to the fetus. While such risks are small, they cannot be guaranteed to be absent.

Cybercrimes in Light of The Rules of Public International Law

Despite what has been witnessed by the international community during the recent decade in connection with the widespread use of modern technology based on the World Wide Web in all aspects of life, as well as what this has achieved, including the easiness of having access to information and the reliance by the fundamental infrastructures and services provided to citizens on it, there have been adverse effects of this revolution with which we live in our life. However, legal experts have attempted to research how applicable its rules are to cybercrimes being considered cross-border crimes, and they can threaten the principles of sovereignty and non-interference. Therefore, this research has addressed the problem related to how applicable the rules of international law are to cross-border cybercrimes, which might violate the two principles above deemed to be some of the fundamental principles on which international law is based.

Violations of Sovereignty in “Cyberspace” Under the United Nations Charter

Affirming that violating State sovereignty through and against “cyber” infrastructure could be covered by the scope of Art. 2(4) and (7) of the United Nations Charter is one of the most pressing challenges that faces international law today. This article aims to address this issue by expanding on a general taxonomy outlined in the Tallinn Manual 2.0 on violations of sovereignty in “cyberspace”. These violations are categorised as conducts leading to either “infringement upon the target State’s territorial integrity” or “interference or usurpation of inherently governmental functions”. In order to map the taxonomy of the Tallinn Manual 2.0 onto Art. 2(4) and (7), it is necessary to highlight the convergence between territorial sovereignty and “cyberspace” that allows for extending the scope of application of Art. 2. Through recognising data as “assets” that can be subject to a functional sovereignty, that in turn could be subject to unlawful use of force in violation of the general ban codified in Art. 2(4) as an “infringement upon the target State’s territorial integrity”. Extending the scope of Art. 2(7) is contingent upon defining the concept of intervention as a conduct aiming to unlawfully assume an exclusive competence of a State by another State. Under this concept, intervention in “cyberspace” could be envisaged as attempts to gain control over the functionality of certain “cyberspace” infrastructure that is instrumental for the manifestation of State exclusive competences. A process that demands taking control of that entity to an extent impinging the regular functioning of the targeted entity beyond the mere manipulation of data. Under the proposed definition of intervention such conduct of “interference or usurpation of inherently governmental functions” can constitute a violation to the principle of non-intervention as codified by Art. 2(7).

Human Security Implications of Foreign Military Bases in Djibouti

The principles of sovereignty and non-interference have historically shaped China's foreign policy, serving as fundamental tenets to safeguard the nation from external interventions, particularly during and after the Cold War. However, in recent times, there has been a noticeable shift in China's foreign policy as it embarks on an unprecedented expansion of its military presence beyond its borders. This shift is exemplified by the establishment of a permanent military base in Djibouti, situated in the Middle East and North African (MENA) region, which China refers to as "support facilities" or "logistical facilities." This marks China's inaugural venture into maintaining a permanent military presence outside its territorial boundaries. This study delves into the motivations behind China's adjusted foreign policy stance and examines the implications of this new approach on human security. While acknowledging the critical human insecurity implications associated with China's military presence in Djibouti, the analysis reveals a multifaceted strategy encompassing economic, political, ideological, and security interests. This strategic move positions China as a significant global player, shaping its role on the world stage.

ASEAN competence in the field of human rights

The article is devoted to consideration of the competence of ASEAN in the field of human rights. Human rights are universal values agreed by the countries of the world. The main pillars of the international system of promotion and protection of human rights are regional mechanisms for the protection of human rights. The most prominent subregional organization in the Asia-Pacific region in terms of recent human rights developments is ASEAN. ASEAN is an international intergovernmental subregional organization of countries located in Southeast Asia. The ASEAN Charter enshrined human rights as a fundamental principle of ASEAN and created a mechanism to promote and protect the human rights and fundamental freedoms of ASEAN citizens. Respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice are among the general principles binding on member states. To ensure the implementation of the provisions of the Charter in the aspect of human rights protection, the ASEAN Intergovernmental Commission on Human Rights was established, which later adopted the ASEAN Declaration of Human Rights. But despite quite significant progress in the aspect of legal support of ASEAN's competence in the field of human rights, practical problems still exist today. In particular, one of the problematic issues that still exists within the Association is the provision of human rights in the region. After all, guided by the principle of non-interference in the internal affairs of states, ASEAN does not pay attention to events related to the violation of human rights in the territories of its member states. In addition, ASEAN does not have judicial bodies to consider cases of human rights violations by member countries, as European countries do. The ASEAN Commission itself does not have the authority to make binding decisions, consider cases or conduct investigative visits. The absence of such functions and the absence of mandatory requirements regarding the independence and experience of AICHR members lead to debate. At the same time, the provision concerning the scope of powers to make decisions only by consensus is subject to the most criticism. After all, every state can reject any criticism of its human rights by way of veto.

Distributed leadership and Sunzi’s Art of Warfare

ABSTRACT This article addresses the prominent critiques of distributed leadership and offers an alternative leadership approach. Focussing on the criticisms of limited empowerment and abuses of power in distributed leadership, this study turns to an ancient Chinese classic, Sunzi’s Art of Warfare (Sunzi Bingfa). Sunzi posits that leadership is distributed in accordance with shi (strategic advantage), and is manifested through the principle of contextual noninterference, as well as moral personhood and management. Rejecting the dominant understanding of power as tied to one’s position and is a zero-sum game, power in shi is circumstantial, dynamic and changeable. The ideal leader, according to Sunzi, eschews misrule by modeling virtue and empowering others to collectively promote the well-being of the people. The paper further recommends that school leaders enact contextual noninterference by knowing the environments, and cultivate moral personhood and management by knowing oneself and others.

Comments on Speech by the Attorney General of UK on International Law in Cyberspace

In a significant address delivered at the Chatham House, the Attorney General, the Rt Hon Suella Braverman QC MP outlined the United Kingdom’s position on international law’s application in cyberspace. This speech marks a pivotal statement on a crucial topic, following a similar speech by her predecessor in 2018. The speech comprises six sections, with a focus on the core non-intervention principle, its application to key sectors, and avenues for response. Braverman’s stance on this principle is heavily intertwined with the UK’s denial of sovereignty’s obligatory nature in cyberspace, which distinguishes it from the majority of countries advocating for sovereignty-based obligations. While emphasizing the importance of the non-intervention principle, the UK offers a broader interpretation of the “coercion” element, which may inadvertently complicate the distinction between sovereignty and non-intervention principles. Braverman provides illustrative examples of potential non-intervention principle violations in critical sectors, facilitating discussions for more specific guidance. Notably, the speech suggests a leaning toward collective countermeasures without explicitly endorsing their legality, further adding to the international discourse’s complexity. Collective countermeasures remain a contentious topic, with various nations holding contrasting positions. In conclusion, the UK’s proactive approach to shaping international norms in cyberspace offers valuable insights for other nations. While the UK’s stance warrants careful consideration, nations like China must actively engage in research, promote their positions, foster international cooperation, and navigate the evolving landscape of international law in cyberspace. This evolving discourse is crucial for establishing an equitable and secure global digital environment.

China-Russia Relations and the Crimea Crisis: Does China Still Insist on the Non-interference Principle?

The crisis in Crimea caused the world to condemn Russia's invasive actions. China, as Russia's strategic partner, is in a dilemmatic situation because on the other hand, China has authority at the UN Security Council to maintain world peace. At the same time, China is also implementing its non-interference principle to respond to this challenge. This article will discuss further about how China can balance its interests with Russia through its non-interference principle and the interests that China has towards Russia. The method used in this research is a qualitative method through document study. The theory used is David Welch's theory of foreign policy change. The findings of this study are China's interests towards Russia, namely energy, military cooperation, and influence in Central Asia so that China's pragmatism arises to support Russia.

Responding to Atrocities in Myanmar after the February 2021 Coup: Options for asean beyond Normative and Structural Constraints

Abstract This article unpacks the normative and structural challenges facing the Association of Southeast Asian Nations (asean) in responding to and preventing atrocity crimes, focusing on Myanmar. It argues that asean has been ineffective in dealing with the atrocities occurring in Myanmar, particularly after the 2021 coup, due to its adherence to its traditional norms and the “asean Way”. However, faced with the defiance of the junta in Myanmar, asean leaders may be forced to move away from its non-interference principle, and should in fact consider difficult options such as suspension of Myanmar membership in the organisation. By adopting the principle of non-indifference and holding the Myanmar military accountable for its continuing atrocities against civilians, asean could strengthen its credibility not just before the international community but, more importantly, among the people of Myanmar who are no longer willing to tolerate a return to military rule and impunity by security forces.

The Hybrid Approach to the Free Flow of Skilled Labour in ASEAN: Analysis and Implications

The free flow of skilled labour, business persons, and talents (referred to as skilled labour) is considered as one of the elements contributing to the foundation of the Association of Southeast Asian Nation (ASEAN) Economic Community (AEC). The facilitation of ASEAN’s free flow of skilled labour is arguably unsuccessful because ASEAN members have preserved many constraints on the mobility of skilled workers. This research aims to analyse the hybrid approach to the free flow of skilled labour in ASEAN, which combines the liberalization of the movement of natural persons and qualification harmonization in accordance with the ASEAN Framework Agreement on Services (AFAS), ASEAN Trade in Services Agreement, ASEAN Agreement on Natural Persons, Mutual Recognition Arrangements (MRAs), and ASEAN Qualification Reference Framework). The authors conceptualize the hybrid approach to the free flow of skilled labour in ASEAN to more effectively implement the regional provisions on the free flow of skilled and analyse its appropriateness and limitations. The research concludes that, for the long-term goal of upgrading the skills of ASEAN’s workforce, the hybrid approach is appropriate to ASEAN’s regional labour integration, under the principle of non-interference and the status of shortage of skilled labour. The authors propose several implications for ASEAN’s Member States to take advantage of the hybrid approach, maximize opportunities and reduce impediments from the impacts of the Fourth Industrial Revolution and the ‘job polarization’ phenomenon. Free flow of skilled labour, ASEAN, hybrid approach, brain circulation, job polarization, MNP, MRA, AQRF

Non-Intervention Thresholds in Cyberspace – In the Shadow of the Sovereignty Debate?

Abstract State practice and international legal scholarship have paid detailed attention to the question of how international law can be applied to cyberspace. More specifically, it is the regulation of low-intensity cyber operations under the principle of state sovereignty and in particular the principle vs. rule debate that have been addressed in depth. In contrast, discussions around the principle of non-intervention have not received the same amount of attention from states, and scholarly debates on reinterpreting applicable thresholds have not been mirrored in state statements. This article examines how the discussion on each principle’s application to cyberspace is approached in scholarship and state statements. It compares and contrasts the two approaches and sets out the implications that follow from such approaches, emphasising why Nordic countries should have a particular interest in advancing the discussions on non-intervention thresholds further and how they can bring them out of the shadow of the sovereignty debate.

Intervensi Republik Vanuatu Dalam Persoalan Papua, Perspektif Hukum Internasional

Introduction: The principle of Non-Intervention as a form of recognition of international law. Starting from the principle of Non-Intervention in 2016, one of the countries in the Pacific Ocean, the Republic of Vanuatu for the first time raised the issue of human rights violations in Papua Province at the UN General Assembly.Purposes of the Research: This writing aims to understand and find out the regulations regarding the intervention of the republic of Vanuatu in the province of Papua, from an international legal perspectiveMethods of the Research: The research method used is a normative juridical research method as well as sources of legal materials which include legal materials, primary, secondary legal materials and tertiary legal materials. The collection of legal materials is done through literature study and analysis.Results of the Research: The results of this study explain that the regulation of intervention in international legal instruments has been strictly and precisely regulated in international law. This is contained in the provisions of the United Nations Charter, namely in article 2 paragraph (7) which explains that every country in conducting international relations is prohibited from intervening in the domestic affairs of other countries. In the United Nations Charter article 2 paragraph (7) the intervention carried out by the State of Vanuatu is an attitude and statement that is not justified in international law because it is contrary to the principles of international law.

Kedaulatan Negara Dalam Invasi Rusia Ke Ukraina Berdasarkan Hukum Internasional

Introduction: Russia's invasion of Ukraine gave rise to mixed opinions in the international community regarding the concept of state sovereignty, both in theory and practice.Purposes of the Research: The regulation of state sovereignty has experienced a conceptual shift according to international law and Russia's invasion of Ukraine has caused a shift in the concept of state sovereignty in international law.Methods of the Research: The research used is normative juridical, using an analytical perspective research type. The legal materials are primary, secondary and tertiary legal materials. The approaches used are the statutory approach, the conceptual approach and the case approach. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied.Results of the Research: The research results show that the concept of state sovereignty is experiencing changes and shifts in meaning according to developments over time. The revolutionary changes of the late 18th and 19th centuries gave rise to the concept of sovereignty which included the principle of equality of states and the principle of non-intervention in the internal affairs of other states as one of its important elements. Regarding the causes of Russia's invasion of Ukraine, it was influenced by various factors, including historical, political, economic, security and defense factors, as well as to protect pro-Russian separatist groups who wanted to separate themselves from Ukraine. Russia's invasion of Ukraine did not affect the shift in the concept of sovereignty as currently accepted by the international community in the modern ideology of sovereignty. On a theoretical and practical level, the will of the Russian state has great interests in carrying out actions that threaten peace, or violate peace by launching aggression against Ukraine as a sovereign state. Russia as a party to various international agreements has an obligation to respect international law where state sovereignty and equality between countries are recognized concepts and have become the basis of the international legal system

Cara Baru Memandang Prinsip Non-Intervensi ASEAN dalam Menilik Kasus Rohingya

This research aims to propose a fresh perspective on ASEAN's non-intervention principle through the analysis of the Rohingya case. The Rohingya case represents a humanitarian crisis complexity in the Myanmar region that necessitates serious consideration from ASEAN as a regional body. This research employs a multidisciplinary approach involving political analysis, international law, and international relations theory. The study argues that ASEAN's non-intervention principle should not be interpreted as a reluctance to intervene in cases of human rights violations that threaten regional security. Instead, the research advocates for a more proactive and responsive approach from ASEAN towards humanitarian situations resulting in mass suffering, such as the Rohingya case. The findings of this research provide new insights into how ASEAN can modernize its approach to the non-intervention principle, emphasizing the importance of human rights protection as an integral part of regional stability and peace. This research also proposes concrete recommendations regarding steps that ASEAN can take in addressing similar cases in the future, thereby strengthening ASEAN's role and relevance in the context of global humanitarian issues.