Principles Of International Law Research Articles

Interpreting the Paris Agreement in its Normative Environment

Abstract International and regional courts are increasingly being asked to determine the rights and responsibilities of states in relation to climate harm. The context for such requests is that the 2015 Paris Agreement, comprising primarily procedural obligations and obligations of conduct, and premised on national determination, appears by itself radically insufficient to resolve the existential climate crisis the planet is facing. This article explores if this is indeed the case and argues that the 2015 Paris Agreement must be interpreted in its ‘normative environment’. The ‘normative environment’ includes the customary international law principle of harm prevention, other treaties, including human rights ones, and a set of principles of varying legal status but considerable operational relevance and guidance. This article examines specific obligations from the 2015 Paris Agreement and seeks to concretize and strengthen them based on this interpretative approach. While such strengthened obligations might yet be insufficient to decisively resolve the climate crisis, these nevertheless reflect a richer account of international legal resolve relating to climate change—one that is premised on an understanding of international law as a seamless web of inter-locking obligations rather than of treaties functioning as atomistic reflections of state consent in that area.

Preservation of Historical Buildings through the Lens of International Law

Historical buildings deserve preservation not only for their aesthetic features but also as guardians of cultural and spiritual values. This is now acknowledged by several international law norms. Nonetheless, the legal discourse about their preservation carries a set of problematic implications because it is hard to adopt regulations that combine protection, promotion and valorisation with economic investments and market strategies and with everyday urban life. This is particularly evident with regard to immovables located within historical cities or towns whose economy depends on marketing the cultural identity, authenticity and history of the place to outsiders. This paper highlights the approach adopted by the most relevant international legal instruments which focus on the protection of what belongs to the historical city’s cultural heritage as being of crucial significance for individuals and communities in relation to their cultural identity. In this perspective, the safeguard of historical buildings can be linked to the right of access to and enjoyment of cultural heritage: a specific human right recognized under international law. The issue at stake is how to comply with principles and rules of international law while at the same time respond to the needs of modern life and economy. This paper identifies the rules and principles of international law that have gained legal relevance and can provide valid tools to states and local administrations to implement and fulfil protectionist policies for historical buildings.

System of sources and principles of international tax law

In international cooperation on taxation, countries strive to achieve equality in international taxation and, thus, create the basis for a fair international tax system. Justice exists in an international system of taxation only when states allocate taxing powers among themselves in a manner consistent with dominant views of justice internationally. A fair international tax system will not exist until there is some international consensus on how countries should allocate taxing powers among themselves. International cooperation allows countries to improve the coordination of tax policy at the international level. We can talk about several types of coordination. For example, one type aims to make a country’s tax system more similar to others - in other words, to harmonize taxes. Other types aim to establish minimum or maximum tax rates to avoid double taxation of cross-border income streams, prevent transfer pricing, coordinate arrangements with competent authorities and limit harmful tax competition. The current official agreements mean business activities through a permanent establishment and give the source country the primary right to tax profits from this operation. The country of residence is obliged to exempt these profits from tax, at least to the extent that they were taxed by the country of source. A tax treaty also often provides for an exemption from taxation of the employee’s income from personal services provided the employee is in the country for no more than a specified period of time and the compensation is received by a non-resident employer without a permanent establishment. The treaty usually reduces or eliminates withholding tax on at least some items of investment-type income, such as interest, dividends, rents and royalties, that are not attributable to business carried on through a permanent establishment. The tax treaty also provides that the country of residence can tax capital gains.

DOKTRIN “RESPONSIBILITY TO PROTECT” DALAM PENANGANAN KEJAHATAN TERHADAP KEMANUSIAAN DI REPUBLIK SUDAN TAHUN 2023

Differing views on sovereignty and intervention gave birth to the Responsibility to Protect (R2P) principle which emphasizes the responsibility of states to protect their people from war crimes, crimes against humanity, and ethnic cleansing. The armed conflict in Sudan showed violations of the R2P principle that caused thousands of casualties and sexual violence. The problem of this article is the status of the R2P principle in international law and whether the UN Security Council resolution implementing R2P can be a precedent for applying the R2P principle in Sudan. This article is normative juridical research, descriptive-analytical in nature, using secondary data, qualitative data processing, and deductive conclusions are drawn. The results show that the position of the R2P principle is internationally recognized in various UN documents and resolutions and the UN Security Council has not applied the R2P principle in the case of Sudan.

MENINGKATKAN PEMAHAMAN TENTANG ASPEK HUKUM PERKAWINAN CAMPURAN BEDA KEWARGANEGARAAN: BERDASARKAN HUKUM INDONESIA DAN JEPANG

Mixed marriages between spouses of different nationalities present a number of legal issues. As mixed marriages involve two different legal systems, it is important to understand which system applies. This understanding is important for the diaspora of Indonesians in Japan, given that the number of Indonesian citizens in Japan continues to increase, according to data from the Japanese Ministry of Home Affairs and Communications. This situation increases the potential for mixed marriages between Indonesian and Japanese citizens. This community service activity aims to provide legal insight on how to determine the applicable law and the conditions for mixed marriages. The method employed in this legal counselling is descriptive. Answers to questions asked are based on legislation and principles of private international law. Legal counselling on the legal aspects of mixed marriages for the Indonesian diaspora community in Japan can be said to be effective and appropriate. The participants indicated that there had been no previous legal counselling on the subject of mixed marriages, particularly in the context of comparing Indonesian and Japanese laws. They expressed hope that further legal counselling activities could be conducted via Zoom facilities on other legal issues.

Спортивный суверенитет Российской Федерации: международно-правовой и внутригосударственный аспекты

The article is devoted to the analysis of modern problems of implementing the principle of sovereignty in both international and domestic law using the example of sport as a socio-cultural phenomenon. The author explores the modern features of the interaction of national sports with international sports law. Particular attention is paid to the problem of compliance with the principles of international law and international sports law in crisis conditions.

Family Provision across Borders

It takes little for family provision claims to cross borders, whether state or national. The property may be located in different places — other states or countries; the personal representatives, claimants or beneficiaries under the will may be from different places; or the deceased may have had a strong personal connection with another place. Any one of those cross-border considerations raises questions of a court’s jurisdiction to deal with a family provision application, or of the law that will apply to it. In this article, we give an account of the principles of private international law — which in this area also apply in interstate matters — that affect family provision claims in Australia. In doing so, we explore recurrent complications with these cross-border family provision claims, including those arising under the cross-vesting scheme and in the federal jurisdiction. While we consider that the current equitable principles of choice of law remain best placed to address how provision should be made from different forms of property, reforms must be made to the equitable principles of jurisdiction if complications raised by the cross-vesting scheme and the possible exercise of federal jurisdiction in family provision claims are to be overcome.

Free, Prior, and Informed Consent Principles as Indigenous Peoples’ Right: Soft Law or Hard Law?

Ensuring conformity between national laws and international law principles is crucial for states, particularly concerning the adoption of the Free, Prior, and Informed Consent (FPIC) principle to safeguard the natural resource rights of Indigenous Peoples. Numerous development initiatives proceed without indigenous consent, resulting in significant harm. Policies impacting indigenous communities should be established through prior consultation and their explicit endorsement to align with local wisdom and values. This paper explores the imperative to reevaluate the FPIC principle within legal frameworks. Using both conceptual and statutory analyses, it assesses whether FPIC constitutes a binding obligation with legal ramifications that necessitate incorporation into national law (hard law) or remains a non-binding guideline (soft law). The State’s role in implementing this principle to shield indigenous groups from detrimental development projects affecting their natural resources and cultures is scrutinized. The foundational ethos of FPIC is rooted in defending Indigenous Peoples’ entitlements to natural resources. Lastly, legislative recommendations are offered to define FPIC as a legal norm, ensuring legal certainty and guiding judicial decisions in upholding these rights

Pakistan’s neutrality in the Russia-Ukraine war: Navigating great power politics

ABSTRACT This contribution argues that Pakistan’s decision to maintain neutrality in the Russia-Ukraine war is influenced by its policy to avoid entrapment in “camp politics”, signaling a departure from its longstanding strategic dilemma of choosing between major powers such as the US, Russia and China. It also argues that Islamabad’s unwillingness to denounce Russia for invading Ukraine and violating its sovereignty and territorial integrity demonstrates Pakistan’s “sovereignty paradox”. It highlights that Pakistan has always condemned any violation of its sovereignty and territorial integrity as a contravention of the right/notion of “equal sovereignty.” However, on the Russia-Ukraine war, Pakistan has refrained from condemning Russia’s violation of Ukraine’s sovereignty and territorial integrity, which not only violates the country’s principled foreign policy stance on the sovereign equality of all states, but also raises questions about its commitment towards the key principles of international law and the UN charter.

Analyzing Thailand’s Amendments to the Civil and Commercial Code on Marriage Equality: Progress, Shortcomings, and the Struggle for LGBTIQAN+ Rights to Family Establishment

Thailand’s proposed amendment of the Civil and Commercial Code (“CCC”) on marriage equality, recently passed by the lower house of Parliament on 27 March 2024, marks a historic milestone and represents a significant step towards recognizing the rights of Lesbian Gay Bisexual Transgender Intersex Queer Asexual and Non-Binary+ (LGBTIQAN+) individuals to establish families. This commentary article critically examines the draft legislation through the lens of international human rights law and domestic constitutional principles of equality and human dignity. Situating the Act within Thailand’s international obligations, the article traces the legislative history and highlights the progressive vision of the Civil Society Draft, which developed from the thesis-based research of Chawinroj Teerapatcharaporn, School of Law, Sukhothai Thammathirat Open University (STOU). It commends the shift towards gender-neutral language in marriage eligibility while critiquing the retention of binary “father/mother” terminology as falling short of genuine inclusivity. Drawing from parliamentary debates, the commentary engages with objections raised by religious party MPs, countering them by reasserting the primacy of constitutional equality and secular human rights principles over religious precepts in civil law matters. The article concludes by assessing the Act’s potential impact and the ongoing struggle for fully realizing LGBTIQAN+ family rights, calling for further reform that embraces gender neutrality and equality regardless of sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC).

Procedural Aspects of Overcoming Sovereign Immunity: Relevance for Ukraine and the International Legal Order (SDG'S)

Objective: The object of this research article is the procedural domestic and international aspects of overcoming the sovereign immunity of a State that has committed military aggression, violating international humanitarian law and human rights law, with a focus on compensation for the damage caused by such actions. Method: The method of study involves a critical analysis of the approaches taken by the Supreme Court of Ukraine to overcome jurisdictional immunity, in light of international law norms. The authors employs a combination of legal analysis, case law examination, and comparative analysis of international practices to evaluate the compliance of the court's decisions with conventional provisions on compensation for damages. Results: This research article analyses the procedural domestic and international aspects of overcoming the sovereign immunity of a State whose military aggression has violated international humanitarian law and human rights law, and on this basis raises the issue of compensation for the damage caused by such actions. Special attention is paid to the approaches to overcoming jurisdictional immunity by the Supreme Court of Ukraine. Taking into account the norms of international law, the author critically analyses the court's compliance with the conventional provisions establishing the procedure for consideration of cases on compensation for damages. The aggressor State's disregard for the norms and principles of international law, sovereignty of other States, and international good faith does not give rise to a disregard for the norms of international law based on the principle of reciprocity. The author emphasises that compliance with the rules on court proceedings must comply with the conventional requirements, and this should be the basis for national case law on school compensation. The authors analyses legal immunities and jurisdictional immunity of the State in particular in the context of ensuring justice, which, according to international standards, is the basis for fair treatment of victims of armed aggression and ensuring access to justice. Contribution: It is noted that the application of the rules of jurisdictional immunity is the basis for limiting the right to a trial, which should be proportionate. The authors identifies the prospects for the development of international practice of interpreting the areas of ensuring the right to a fair trial, in particular, based on the practice of international courts. The author summarises the directions of changing approaches to the validity of the application of absolute immunity, and the dynamic interpretation of the legitimate purpose of limiting the right to a court, which is necessary and permissible provided that the essence of this right is preserved. The author emphasises the importance of the effectiveness of reparations as a principle and its significance for the development and provision of transitional justice in Ukraine.

Evolution of International Legal Standards Regarding Responsibility for Violations of Laws and Customs of War (Second Half of the XIX-th – First Half of the XX-th Century)

This article examines the evolution of international legal standards aimed at defining responsibility for violations of laws and customs of war from the second half of the 19th century to the first half of the 20th century. It emphasizes that war is undoubtedly one of the most dreadful events that can impact people’s lives and society. However, if it is not controlled or conducted in accordance with international norms and standards, its consequences can be even more devastating and catastrophic. Since the beginning of the full-scale armed aggression of the Russian Federation against Ukraine, the term «violation of laws and customs of war» has become widespread. Responsibility for such actions is provided for by Article 438 of the Criminal Code of Ukraine. However, the criminalization of this act is not related to Ukraine’s domestic legal order, as violations of laws and customs of war are an international crime that causes serious harm to people, economic objects, and cultural heritage, creating a high level of societal danger. The article covers an analysis of key international documents such as the Geneva Conventions, decisions of the Hague Conferences, and UN resolutions, exploring their influence on shaping legal norms in this area. It examines changes in legal regulation, their causes, and consequences, as well as the role of specific individuals and historical events in this process. This research is important for understanding past experiences in the context of current challenges and conflicts, as well as for further development of international law and ensuring the protection of human rights during armed conflicts. In conclusion, it is noted that the second half of the 19th and the first half of the 20th centuries witnessed significant development of international legal standards concerning responsibility for violations of laws and customs of war. This period was crucial in shaping the fundamental principles of international humanitarian law aimed at protecting human rights during armed conflicts. As a result of this process, a series of international treaties and conventions were adopted, which established rules of conduct in armed conflicts and mechanisms for accountability for their violations. These standards have been an important step in humanizing war and protecting human rights during armed conflicts.

Применение мировыми судьями общепризнанных принципов и норм международного права

The article is dedicated to application of international law provisions at administration of justice by justices of the peace. In the conditions of ongoing progress and the ever-growing volume of external information in daily life, one can no longer ignore constant amendments and changes as well as a large volume of information. Justices of the peace are involved in the assurance of observance and application of generally accepted international law principles and provisions along with other courts. However, in practice, justices of the peace encounter difficulties in interpretation and application of international provisions in the course of administration of justice. Based on the results of the conducted study, the author concludes that judicial activities need to be permanently improved in terms of implementation of international law provisions on the statebased level. The author arrives at a conclusion that the development of consecutive judicial practice and optimization of judge training will make it possible to raise legal certainty in this sphere.

Romanian Diplomacy during the Balcan Wars (1912-1913)

The young national Romanian state would reaffirm itself in the first decades of the 20th century as a factor of equilibrium and of collective security in the Balkan Peninsula, in the context of the two wars which were about to begin (1912;1913), both conflicts which would precede the greatest diplomatic and military conflict known to international society until that time, namely the First World War (1914-1918). Romania acted in accordance with the principles of public international law regarding its external policy to maintain its sovereignty, independence and territorial integrity of state built from the ruins of the former Ottoman Empire, thus acting for the respect of the status quo in the Balkan area according to the regulations of international treaties, seen as formal sources of law.

The Russian invasion of Ukraine: An anti-constitutional moment in international law?

The Russian invasion of Ukraine was the first open and blatant aggression against a sovereign neighbour state in Europe since 1945. Does this war have systemic significance for the legal order as a whole? The contribution singles out legal trends that relate to three fundamental principles of the current international legal order: peace, people (humanity), and the planet. My thesis is that, although Russia has breached a fundamental, even constitutional, principle of international law, namely the prohibition of inter-state military force, this breach has productively – though unintentionally – boosted, firstly, a modest reform of the UN architecture and, secondly, a further humanization of international law. A third trend is the ‘greening’ of the law surrounding war and of the legal status of the individual. These are important positive developments that go to the very heart of international law. With some optimism, the ‘Ukraine moment’ can therefore be seen not only as an anti-constitutional, but at the same time also as a constitutional moment.

Was R2P Doomed to Fail?

This paper explores the origins of the Responsibility to Protect (R2P) principle within the contemporary history of armed humanitarian intervention. By reviewing legal and political scholarship surrounding the concept of R2P and its application, this paper uses a constructivist lens to argue that R2P failed to be adopted as a principle of customary international law due to its normative and legal ambiguity. This paper concludes with a critical examination of R2P's first, and likely final, invocation during the Libyan crisis of 2011.

He impact of teaching the principles of international humanitarian law On the achievement of third-year intermediate students in social studies

هدف البحث:اثر تدريس مبادئ القانون الدولي الانساني على تحصيل طلبة الصف الثالث متوسط في مادة الاجتماعيات وتكونت مجموعة البحث من (30) طالباً . واستخدم البحث المواد والادوات التالية: مواد البحث قائمة بمبادئ القانون الدولي الانساني واختيارات مواقف . وتم التوصل الى النتائج التالية: وجود فروق دالة احصائياً عند مستوى (0,01 ) بين متوسطي درجات طلاب المجموعة التجريبية في التطبيقين القبلي والبعدي لاختبار المواقف لصالح التطبيق البعدي . حجم التأثير كبير لدلالة الفرق بين متوسطي درجات التطبيقين القبلي والبعدي لاختبار المواقف للمجموعة التجريبية لصالح التطبيق البعدي .

The impact of geopolitical transformations on the settlement of the Nagorno-Karabakh conflict: self-determination or genocide?

ABSTRACT Geopolitical transformations have drastic effects in many spheres of public life. Their most prominent manifestations are observed with regard to ethno-political conflicts and their settlement processes, particularly when they are accompanied by serious regional rearrangements. The Nagorno-Karabakh conflict and the process of its settlement are among the most typical cases in this regard. After the 2018 change of power in Armenia, the normally developing process of the Nagorno-Karabakh conflict settlement within the framework of the main principles of international law ended up in sharp upheavals, succumbing to the logic of the sharply heated West-Russia geopolitical confrontation. The formation of antagonistic relations between the Co-Chair states of the OSCE Minsk Group undermined their mediation efforts, leaving two options for the resolution of the conflict: the realization of people’s right to self-determination with the support of international community or the genocide of the Nagorno-Karabakh people. The article considers the threats of a catastrophic development of events due to changes in the positions of powerful actors regarding the conflict settlement under the influence of geopolitical transformations, as well as the possibility of preventing such a development.

Obligations and liabilities concerning the active removal of foreign space debris: A global governance perspective

Eliminating space debris in valuable Earth orbits is an urgent challenge for the sustainable development of outer space, and active removal is considered the most effective measure for debris elimination. In terms of legal jurisdiction, any country intending to remove space debris belonging to other countries undergoes a legality review encompassing obligations and liabilities. According to the fundamental principles of international space law, both threatened and capable countries possess the right to actively remove identifiable space debris of foreign nations, subject to strict legal obligations towards the registry country unless authorized by the United Nations, granted an agreement on jurisdiction transfer of debris, or justified by emergency necessity. Moreover, active removal may result in third-party space objects or personnel damage, imposing a substantial liability burden that could restrict space operation. Henceforth, it is imperative to establish a more rational legal regime for space liability allocation purposes. The international community can establish a mechanism for liability sharing and cross-waiver agreements among relevant countries while also considering potential fund establishment, involvement of non-governmental entities in cost-sharing efforts, and promoting commercial recycling initiatives as potentially motivating measures towards active removal.

“Big Data Breaches”, sovereignty of states and the challenges in attribution

“Big data” refers to large sets of data, which are computationally analyzed to reveal patterns or trends in human behavior and interactions. At present, with the increased use of cyberspace for day-to-day activities, sensitive personal data is stored in computer servers. This massive number of data sets could be used to generate predictive models for a variety of uses such as policy-making and the prediction of societal changes. This has propelled nation-state adversaries to amass “big data” of another state through low-threshold data breaches. This article focuses on “big data breaches” committed by “state or state-sponsored groups”, involving a massive amount of data from victim states. For a cyber-attack to qualify as an “armed attack” or “use of force” under international law, it must satisfy the requirements of the “scale and effect” test. However, a big data breach would not satisfy this test and the attribution of the liability for lower-threshold cyber breaches has become a challenge. This is mainly because there is lack of consensus on the international law principles applicable to cyberspace. Nevertheless, big data breaches must be attributed, because it is an intrusion on state sovereignty, threatens security and results in economic loss. Qualitative research methodology was used to analyze state-sponsored big data breaches, the existing international legal framework, the drawbacks in attribution of such breaches and the need to push forth tailor-made laws for attribution of low-threshold big data breaches.