Principle Of State Responsibility Research Articles

PERLINDUNGAN HAK ANAK DALAM KONFLIK BERSENJATA DI KONGO BERDASARKAN CONVENTION ON THE RIGHTS OF THE CHILD 1989

The armed conflict, particularly in the Eastern Congo regions of North Kivu, South Kivu and Ituri, has led to many violations of children's rights. 14.9 million children have been most severely affected by this conflict. There are violations in terms of recruitment, use, detention, abduction, physical and sexual violence, attacks on schools and health facilities. The formulation of the problem of this article is what forms of violations of children's rights in the armed conflict that occurred in Congo based on the UNCRC 1989 and how efforts should be made by Congo in protecting children's rights based on the UNCRC 1989. This article uses normative research methods, descriptive-analytical in nature, drawing conclusions with deductive methods. The results of the research are the form of violations of children's rights committed by Congo, namely the right to survival, the right to protection, the right to growth and development and violating the principle of non-discrimination, the principle of state responsibility, the principle of the right to life and development to the fullest. The conclusion is that Congo should take the best measures to protect children's rights, especially in armed conflict, such as legislative, administrative, social and educational efforts to protect children's rights

Systemic Interpretation of the European Convention on Human Rights and its Protocols: Creeping Fragmentation of State Responsibility

The article discusses how the European Court of Human Rights (hereinafter — ECtHR, the Court) influences the way the European Convention on Human Rights (hereinafter — ECHR, the Convention) is systematically interpreted in the context of state responsibility. The article highlights that interpretation of the Convention and general principles of state responsibility is crucial for holding states accountable, ensuring justice for victims, and upholding the credibility and coherence of international law. For this reason, it is essential for the Court to carefully interpret the ECHR within the broader context of international law. The authors believe that one of the most practical strategies to analyse this issue is through determining the consistency of the European Court of Human Rights’ approach to state responsibility issues, elaborated through its case-law, with general customary rules of international law. It can be effectively performed through the lens of three fundamental problems: jurisdiction and attribution interaction problem; issues of state responsibility for the acts of international organisations, paying special attention to peace-keeping operations; and third-state responsibility problem. The analysis shows that the Court creates its own criteria, often conflicting with each other, by ignoring established general rules of international law on state responsibility. Lastly, the authors show that while the Court often acts as a lawmaker, it should create the law in a unified way to apply it fair and equally for the purposes of human rights protection. It is not the states and their particular interests that should govern the application of law by the Court. In the end, the authors come to the conclusion that the policy behind the Court’s decisions is not only predominantly inconsistent with the general customary rules of international law and the object and purpose of the Convention, but also results in the creeping fragmentation of the international law on state responsibility.

The European Commission's Glass Fibre Fabrics Investigation and the Boundaries Between Investment and Trade

AbstractIn a 2020 anti-subsidy investigation concerning glass fibre fabric (GFF) products from Egypt, the European Commission (EC) attributed the Chinese government's conduct to the government of Egypt in a way that raised a systemic question about the boundary between trade and investment. This article argues that despite some overlap between the boundaries of these legal disciplines, the notions of trade and investment remain conceptually distinct. Customary rules of interpretation dictate that World Trade Organization (WTO) covered agreements are construed as facilitating trade relations and no further. Hence, an extension of WTO subsidy rules to cover outward investment promotion measures using the principles of state responsibility is untenable. Such a unilateral approach disproportionately affects the interests of developing countries, harming their efforts to draw green investments. This article recommends that new, balanced rules be designed to promote outward investments while limiting adverse trade impacts.

PENEGAKAN HUKUM YANG BERKEADILAN TERHADAP IILEGAL, UNREPORTED, UNREGULATED (IUU) FISHING DENGAN KONSEP STATE RESPONSIBILTY

The IUU Fishing law has not been effective so far. One of the reasons for the flag of the ship cannot be fully held accountable, let alone the involvement of the flag State in supporting or at least allowing its vessels to conduct IUU Fishing in other areas. The use of the principle of state responsibility can increase the optimization of fair law enforcement. Strict supervision of the flag state and the use of the principle of due dilligent became important to prevent boats and their fishermen from doing IUU Fishing. Normative legal research is used to see whether the principles used are appropriate by collecting related legal data and looking at their application to existing cases.

Penegakan Hukum Lingkungan Berbasis Asas Tanggung Jawab Negara Di Indonesia

Environmental law enforcement put forward settlement of dispute through administration law as well as civil and criminal law. Based on the principle of state responsibility, the state will guarantee that the utilization of natural resources will provide benefits for the greater well-being and quality of life, both present and future generations as a goal of the implementation of sustainable development.The formulation of the problem a point issue is environmental management in Indonesia by the state in accordance with the principle of state responsibility? And, how is the implementation of sanctions as environmental law enforcement based on Government Regulation of the Republic of Indonesia Number 22 of 2021 concerning the Implementation of Environmental Protection and Management? The method used in this research is juridical normative with regulation approach. The results of the study conclude that Indonesia has not been maximized in carrying out the function of the principle of state responsibility because there is still a lot of forest destruction that has occurred, and law enforcement, both administrative, civil and criminal, should be carried out in a balanced manner so that the deterrent effect of law enforcement can be a reflection for the parties who will do environmental damage

Polluter Pays Principle Terkait Pertanggungjawaban Corporate PTTEP Australasia Terhadap Pencemaran Minyak Di Laut Timur Indonesia

This research is aimed to analyze and determine the 16th provision principle of the declaration on environment and development, namely the polluter pays principle, as one of the state’s form of accountability towards the polluting across borders between PTTEP Australia and Indonesia. This is a juridical research, which analyzes the issue discussed through the use of many realted sources. The Polluter Pyas Principle, as a form of State responsibility in environmental pollution, has some advantages and disadvantages when applied as a recommendation by the OECD (Organization for Economic Cooperation and Development). From a legal perspective, this principle can be applied as a civil liability law, whereas from an economic perspective, it can be viewed as effort to control pollution by means which the polluter has an obligation to pay for the environmental pollution that he/she caused. Even so this principle also has its weakness, in an economic approach this principle is difficult to determine the determination of the cost of loss. In some countries themselves have applied this principle in handling cases of environmental pollution. In the case of cross-border environmental pollution, the principle of good neighborliness and the principle of state responsibility in dealing with pollution cases as a sign of State’s goodwill to comply with existing international law. The case of environmental pollution itself is not only the State that can sue, but a group of people or the community can also sue, if they feel harmed by the pollution that occurs. One of them is by carrying out Class Action in holding accountable for the consequences of pollution that has occurred, and is detrimental to a group or large number of people. Even though international environmental law is a soft law, it can become hard law depending on the pollution case that occurs. Even so, International Environmental Law contained in the Stockholm Declaration, Rio de Jeneiro, Civil Liability Convention and other related international arrangements have been very good in their regulatory fields. Only the state which ratifies the convention applies according to the pollution case that occurs.

The Protection of Foreigners in International Law

This research aims to find out legal protection against foreigners and citizens who lives outside their nationality country. In discussing the issue of international legal protection against foreigners, a doctrinal approach and international court practice is used. From the opinion of international legal experts, it will be found legal principles and theories regarding the position of individuals as subjects of international law. The principles of citizenship are the main basis for the application of the principle of jurisdiction and country responsibility towards its citizens and foreigners.The results are, In principle, every country will be responsible for providing legal protection to every citizen of the country wherever he/she is and foreigners will receive legal protection, under certain limitations, both from the country where he/she is temporarily located and from the country of origin. Thus, a person's citizenship status is closely related to the protection of international law that will be given to him/her, against him/her, his/her property and family. The application of the principle of state responsibility against citizens abroad or foreigners is based more on the principle of state sovereignty. A sovereign state will apply its national laws to its citizens within its territorial boundaries. Apart from that what applies is legal provisions of other countries or provisions of international law.

The Agrarian Law Policy in the Control of Residence by Expatriates in Indonesia

The state has the right to control the land, waters and natural resources contained therein to achieve the greatest benefit of the people. According to the provisions of Article 9 paragraph (1) and Article 26 paragraph (2) of the Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, property rights may only be owned by Indonesian citizens. Based on these conditions, expatriates cannot have a residence in Indonesia. On the other hand, Indonesia as a subject of international law has the responsibility in protecting the right of expatriates to dominate residence in Indonesia. In this study, the state responsibility for the provision of residence for foreigners and the regulations that provide space for expatriates in the mastery of residence in Indonesia will be discussed. In international law, there are principles of state responsibility. This principle mandates that the state guarantees protection of foreigners, including the place of residence for foreigners. The development of regulations in Indonesia provides a solution to the control of residence by expatriates. The legal solution offered is the control of residence with a tenancy agreement between expatriates and homeowners who are Indonesian citizens or by using the right of use. The right of use a residence given to the expatriates is in the form of a single house and apartment units that are limited by the price and area of land in accordance with the applicable regulations.

Cryptocurrency’s Control in the Misuse of Money Laundering Acts as an Effort to Maintain the Resilience and Security of the State

Along with the times, the latest transaction system emerged using Cryptocurrency in its development is used as a digital payment instrument. The problem discussed in this research is the opportunity to misuse Cryptocurrency as a digital currency that can be used as a form of Money Laundering crime. This research uses the normative legal research method. The author uses primary, secondary, and tertiary legal materials using a qualitative approach. This research also uses the principle of state responsibility to protect as a knife of analysis. The development of Money Laundering crimes can be anything as an example is money laundering in the form of Cryptocurrency investments. Thus the regulations regarding handling money laundering in the form of crypto currency investment must be upheld and improve the quality of human resources in the hope of becoming part of the savior of state money from money laundering through the ability of its virtual team.

STATE RESPONSIBILITY AND VICTIM’S REPARATIONS IN INDONESIA: THEORY OF LAW PERSPECTIVE

Gross human rights violations are an internationally wrongful act which entails responsibility to the wrongdoer state to conduct reparations. Based on the principle of state responsibility, the said obligation appears because thr wrongdoer state has already breached an international obligation under international law. Indonesia still has the past gross human rights violations cases that were not settled yet, including the reparations issue of its victims. This article will analyse state responsibility theory, lawstate theory, and development law theory as the theory of law to explain legal obligation of state to conduct reparations toward the victims of the said violations.

The disappointing remedy? Damages as a remedy for violations of human rights

After initial optimism, damages have become a disappointing remedy for human rights violations in Canada, New Zealand, South Africa, the United Kingdom, and the United States. Part I of this article relates this disappointment to the modest nature of most awards and the continued impact of qualified and absolute immunities. Part II argues that the answer is not, as some have suggested, to return to tort principles but, rather, to look to public law principles, including international law principles of state responsibility. This allows damages to be placed in the perspective of the state’s obligations to comply with human rights and the availability of alternative and sometimes stronger remedies. A public law approach also allows principles of proportionality to discipline and structure the exercise of remedial discretion. Part III situates damages within a two-track approach to remedies in both domestic and supranational law. Under this approach, courts will play the dominant role in providing remedies including damages to recognize past violations but play a more dialogic role with respect to encouraging states to prevent similar violations in the future.

Environmental Governance Urban: Public Participation and Sustainable Development

Environmental protection and management are carried out based on the principle of state responsibility, sustainability and sustainability, harmony and balance, integration, benefits, prudence, justice, ecoregion, biodiversity, participatory, local wisdom, good governance, and regional autonomy. The purpose of the research is to find out how much influence obtained between the variables of participation in sustainable development and indicators on these variables in environmental management in urban areas. The study was conducted in Makassar City in 2017-2018 with questionnaires and interviews as instruments to obtain primary data. The number of samples used was 200 respondents. With variables consisting of participation and sustainable development, then the indicator includes of (1) Thought Contribution; (2) Contributions of Funds; (3) Energy Contributions and (4) Contributions of Facilities for participation variables and (1) Culture - Ecology Interface; (2) Culture - Economy Interface; and (3) Economy - Ecology Interface for sustainable development. The analysis used is Confirmatory Factor Analysis (CFA) and to manage primary data with CFA, the help of IBM AMOS 23 Software used. The results of the study show that community participation in the development of business entities and waste banks is to encourage public involvement to the lowest level. To support environmental sustainability at the local level this, form of participation. From such things that make a significant influence between community participation in the development of environmental sustainability.

Environmental Governance Urban: Public Participation and Sustainable Development

Environmental protection and management are carried out based on the principle of state responsibility, sustainability and sustainability, harmony and balance, integration, benefits, prudence, justice, ecoregion, biodiversity, participatory, local wisdom, good governance, and regional autonomy. The purpose of the research is to find out how much influence obtained between the variables of participation in sustainable development and indicators on these variables in environmental management in urban areas. The study was conducted in Makassar City in 2017-2018 with questionnaires and interviews as instruments to obtain primary data. The number of samples used was 200 respondents. With variables consisting of participation and sustainable development, then the indicator includes of (1) Thought Contribution; (2) Contributions of Funds; (3) Energy Contributions and (4) Contributions of Facilities for participation variables and (1) Culture - Ecology Interface; (2) Culture - Economy Interface; and (3) Economy - Ecology Interface for sustainable development. The analysis used is Confirmatory Factor Analysis (CFA) and to manage primary data with CFA, the help of IBM AMOS 23 Software used. The results of the study show that community participation in the development of business entities and waste banks is to encourage public involvement to the lowest level. To support environmental sustainability at the local level this, form of participation. From such things that make a significant influence between community participation in the development of environmental sustainability.

Currency regulation in Russian banking system

The liberalization of currency regulation in the 1990–2000s was «partial». To date, significant restrictions remain regarding the requirements of the law on the procedure for performing currency operations and the prohibitive nature of the activities of Russian business. Control mechanisms do not allow to achieve macroeconomic targets for the stability of the ruble. The authors state that there is a need for reform in this area. The monetary policy plays an important role in regulating the market economy. It is a set of measures implemented in the sphere of international monetary and economic relations in accordance with the current and strategic plans of the country. The monetary policy of Russia is aimed at ensuring stability of its currency and domestic foreign exchange market as factors of development of the national economy and international economic cooperation. This policy is implemented by including foreign currency denominated obligations in currency regulation. One of the means of implementing foreign exchange policy is currency regulation, which is understood as «a set of purposeful actions of the state to form or change existing public relations on currency values through the application of legal and economic measures of influence». The principle of state responsibility for national security and development of the national economy is a unique principle for the Russian legal system. This should be a constitutional principle common to all branches of the Russian law. The article analyzes to what extent the principles of legal security may influence the legal regime of currency control in the Russian banking system.

Принципы российской системы образования в свете научно-педагогической деятельности Е.Д. Никитина

This paper analyzes the following principles of Russian education: the principle of state funding of science and education, the principle of state responsibility of scientists for the development of science and education, the principle of responsibility and continuity. The genesis and the ontological concepts of philosophy in soil science are shown, some of the main provisions of the scientific and the philosophical, pedagogical, organizational and exhibition activities of E.D. Nikitin are given, and it is indicated that he created scientific and philosophical theory, revealing the main regularities of the relationship between man and nature, homolaterally (theory of the unity of man and nature), highlighted the versatility of feedback, based on the understanding of which, E.D. Nikitin has identified and classified the variety of geosphere, atmosphere and biogeocenosis features of soils and undertook philosophical and scientific generalization on this issue. Continuity in the work of the department «Natural zoning and soil formation» from the 50s of the XX century to the present time is revealed.

Guerrillas in the Sea Mist

Building upon recent scholarship about the maritime militia of the People’s Republic of China, this article analyzes a number of concerns about that militia’s status and its activities under existing regimes of international law. First, it lays the foundation of general principles of state responsibility and attribution as they pertain to the maritime militia. Thereafter, it identifies and applies three specialized bodies of international law to China’s use of its maritime militia, including the law of the sea, the use of force by states, and the law of naval warfare. Ultimately, the article concludes that there are serious potential consequences and ramifications under international law arising from China’s maritime militia. Looking ahead, the article then provides a series of recommended options that other nations should consider in addressing these legal problems.

IMPLEMENTASI ASAS TANGGUNG JAWAB NEGARA SEBAGAI BENTUK PERLINDUNGAN HUKUM TERHADAP KERUSAKAN TERUMBU KARANG (Studi Kasus Kecelakaan Kapal MV Caledonian Sky di Raja Ampat)

<em>In Law No.32/2009 on Environmental Protection and Management, the principle of state responsibility is one of the means of protecting pollution and/or environmental damage. The principle of state responsibility server to ensure the utilization of natural resources for the welfare of the people, both present and future generations.Normatively, laws and regulations regulate sanctions for perpetrators of environmental violations, but in the application of law there is unity of action (ego sectoral), so the dispute resolution becomes complicated<strong>. </strong>Inadequate legal understanding of the state’s affirmative officials results in constrained law enforcement, and well as regulated legal sanctions for officials who neglect to carry out the task of giving the impression the government is not serious about addressing environment violations.The various weaknesses and obstacles in applying the principle of state responsibility in the environmental law system in Indonesia related to ship MV Caledonian Sky accident is the core of research that poured in this paper</em>

The Implications of Transnational Cyber Threats in International Humanitarian Law: Analysing the Distinction Between Cybercrime, Cyber Attack, and Cyber Warfare in the 21stCentury

AbstractThis paper is an attempt to draw distinctive lines between the concepts of cybercrime, cyber-attack, and cyber warfare in the current information age, in which it has become difficult to separate the activities of transnational criminals from acts of belligerents using cyberspace. The paper considers the implications of transnational cyber threats in international humanitarian law (IHL) with a particular focus on cyber-attacks by non-state actors, the principles of state responsibility, and the implications of targeting non-state perpetrators under IHL. It concludes that current international law constructs are inadequate to address the implications of transnational cyber threats; the author recommends consequential amendments to the laws of war in order to address the challenges posed by transnational cyber threats.

International Regulation of Carbon Emission

Recent years have seen an appreciable growth in the level of understanding of the dangers facing the international environment and an extensive range of environmental problems is now the subject of serious international concerns. This includes atmospheric pollution, marine pollution, global warming and ozone depletion. Such problems have an international dimension in its obvious respects. First, pollution generated from within a particular state often has a serious impact on other countries. Secondly, it is now apparent that environmental problems cannot be resolved by states acting individually. Accordingly, co-operation between polluting and polluted state is necessitated. However, the issue becomes more complicated in those cases where it is impossible to determine from which country a particular form of environment pollution has emanated. This would be the case, for example, with ozone-depletion. The international nature of pollution, both with regard to its creation and the damage caused, is now accepted as requiring an international response. The principles of State responsibility dictate that states are accountable for breaches of international law. Customary International law imposes several important fundamental obligations upon states in the area of environment protection. The view that international law supports an approach predicated upon absolute territorial sovereignty, so that a state could do as it liked irrespective of the consequences has long been discredited. Article 19 of the Energy Charter Treaty notes that contracting parties shall strive to minimise in an economically efficient manner harmful environmental impacts. In so doing, parties are to act ‘in a cost-effective manner’. Parties are to take precautionary measures to prevent or minimise environmental degradation and agree that polluter should in principle, bear the cost of pollution with due regard to the public interest and without distorting investment in the energy cycle or international trade.

The Influence of International Law upon ASEAN Approaches in Addressing Transboundary Haze Pollution in Southeast Asia

Transboundary haze pollution is the Association of Southeast Asian Nation's (ASEAN) greatest environmental challenge to date. (1) Haze pollution from land and forest fires, largely in Indonesia, has repeatedly caused havoc in Malaysia and Singapore. These fires have far-reaching impacts, from causing significant damage to biodiversity, health and local economies to contributing to global climate change. (2) The worst forest fires were during 2013 and 1997-98, yet occur annually during the dry season with varied intensity. Humans are responsible for most of the fires, by clearing forest and lands for plantations and agricultural activity, especially in peatland areas. (3) Given the ongoing threat of transboundary haze pollution, its management and prevention has been listed as one of ten priority areas of regional importance for environmental cooperation for 2009 to 2015. (4) Finding a solution to transboundary pollution requires international and regional environmental law mechanisms, in addition to domestic legal systems that are more effective. (5) As international law provides frameworks and mechanisms for an appropriate response to transboundary haze, this article addresses two frameworks: customary international law and treaties. (6) The former involves the state responsibility principle, which comprises the duty to prevent transboundary pollution and to compensate accordingly. Implementation of the state responsibility principle is particularly problematic in Southeast Asia, as state sovereignty is strongly embedded in the Charter. (7) A further complication is the so-called ASEAN Way, a term that describes the preference of countries for non-interference in each other's domestic affairs, the use of consensus decision-making and cooperative programmes, and national implementation rather than reliance on a strong region-wide agency or bureaucracy. (8) The second framework for addressing haze pollution is Multilateral Environment Agreements or MEAs, namely treaties on atmosphere and biodiversity. These include the United Nations Framework Convention on Climate Change (UNFCCC), (9) and its Kyoto Protocol, (10) the Convention on Biodiversity (CBD), (11) and the Ramsar Convention. (12) MEAs are international frameworks, which can indirectly support the efforts in combating forest fires at the national level. However, there are constraints on the domestic implementation of MEAs in Southeast Asia, namely, overlapping domestic legal frameworks, lack of financial and human resources, and capacity building. Based on the two international legal frameworks mentioned above, this article will firstly examine the extent to which international law has influenced approaches in addressing transboundary pollution in the region. Secondly, it will assess whether international law has successfully contributed to regional environmental solutions. This article argues that further implementation of international law at the regional level is a necessary step forward. International Legal Regime Addressing Transboundary Air Pollution Transboundary air pollution has long been a concern of international law. (13) It has remained high on the environmental agenda in many regions including Europe, North America and Southeast Asia. (14) As transboundary air pollution is now a global threat that is contributing to issues such as ozone depletion and climate change, addressing it requires international cooperation. International law has responded to this threat by developing customary international law and MEAs on atmosphere and biodiversity as respective frameworks for its management. For customary environmental law, the principle of state responsibility for transboundary environmental harm, or the no harm principle, is particularly significant. Treaties also play an important role, especially those relating to atmosphere and biodiversity. Although these MEAs do not directly address land and forest fires, they can help to provide a framework for countries to protect their natural resources, prevent the transboundary spread of pollution and avoid international conflict. …