Principle Of State Sovereignty Research Articles

خاستگاه مفهوم حقوق بشر در اسناد بین‌المللی با توجه به سیاست اقدامات بشردوستانه

In the contemporary era, one of the fundamental values is the issue of human rights, and there is a persistent conflict between theory and practice regarding this matter. In the international environment, where states have both friendly and hostile relations with each other, a question arises: what is the origin of the concept of human rights in international documents concerning the humanitarian policies of states? It appears that humanitarian actions are in conflict with the principle of state sovereignty, and there is a predominantly political approach towards humanitarian interventions. The importance and necessity of this matter are based on the fact that states, according to the provisions of the United Nations Charter, possess sovereignty that is not easily violated by other states. However, since the defense and guarantee of human rights are largely the responsibility of major powers, they have always utilized this principle to maintain their dominance and secure their national interests. The current research employs an analytical-descriptive method, gathering information through library resources, scientific journals, and credible articles. The findings of the research indicate that powerful states today justify their interventions by amplifying human rights and humanitarian issues, thereby facilitating their extensive, pervasive, and permanent interventions.

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.

Tanggung Jawab Negara Terhadap Pengungsi Dan Pengaruhnya Bagi Hubungan Diplomatik, Perspektif Konvensi Wina 1961

Introduction: The Afghan government's pro-Western policies and secular ideologies caused a strong reaction from radical groups who wanted to establish a new Afghan government, resulting in a civil war in Afghanistan.Purposes of the Research: The purpose of this study is to examine and discuss the implementation of state responsibilities and their impact on Afghan refugees in Indonesia for diplomatic relations, from the perspective of the 1961 Vienna Convention.Methods of the Research: This research is based on the normative legal research method which is also known as library research. The approach used is a conceptual approach, a statutory approach, and a case approach. The procedure for collecting legal materials is carried out by studying and analyzing library materials in relation to literature, conventions, and laws. Processing and analysis of legal materials is carried out by examining, researching, and compiling legal materials in an orderly and logical manner to ensure the completeness of legal materials so that they can be interpreted.Results of the Research: Based on the results of research on state responsibility for refugees and its effect on diplomatic relations, the perspective of the 1961 Vienna Convention. The principle of state sovereignty in international relations has a very large influence on the right of a country to control a government territory, society or over itself so that in practice it is against refugees a state is negligent or violates what is required by international law, namely in providing protection, promotion and respect for human rights based on a treaty and customary international law. As an example; there are several countries that are parties to the 1951 Convention, act to receive and provide protection, expel and return refugees to other places or to their countries of origin where these actions have violated the Non-Refoulement Principle Article 33 paragraph 3 which is basically related to the principle of protecting human rights. Meanwhile, there are also countries that, although not participants in the 1951 Convention, accept and make laws and regulations that apply to refugees to ensure the protection of human rights that refugees do not get because of conflicts that occur in their place or country of origin.

Russia’s Containment Strategy during Biden’s Presidency and its Implications for the Baltic States: Old Wine in New Bottles?

Abstract When Russia invaded Ukraine in 2022, many experts claimed that in Europe there has not been such an assault on the principles of state sovereignty and territorial integrity since the end of Cold War.“ Moreover, politicians and researchers urged the U.S. to apply a containment strategy towards Russia once again. Meanwhile, the U.S. president Joe Biden made it clear that the U.S. was moving toward Russia’s containment 2.0: he called Putin’s actions “a naked aggression” and vowed to make Russia pay “economically and strategically.” The article examines Russia‘s containment strategy in Biden‘s administration foreign policy and its implications to the Baltic states. What vision about Russia’s containment strategy does the Biden administration have in terms of goals, instruments, and challenges? How does the administration implement its plans? Has the containment strategy been transformed and adapted to the new circumstances of the 21st century? What role does the Biden administration foresee for the Baltic States in Russia’s containment strategy? What risks and opportunities does this idea present for the Baltic States? These are the questions that the article addresses.

REIMAGINING FUTURE RELATIONS BETWEEN INTERNATIONAL AND NATIONAL LAW WITH SPECIAL REFERENCE TO THE PALESTINIAN SITUATION

This paper examines the issue of the relationship between international and national law that leads to the gradation of laws. Is international law superior or inferior to national law? This question pushed the existing theoretical positions to find more convincing answers and practical solutions to this question. The article differentiates between two doctrines, the first is monism between international and national law, and the second is the dualism between international and national law. The status of international law in the national legal system is determined by the national constitution of each country. The article discusses a crucial issue associated with a substantial principle on which international law is based: the principle of state sovereignty and the critical relationship between international law and national law. The article aims to clarify the nature of the relationship with a specific reference to the experiences and challenges faced by the State of Palestine. To achieve the objectives of the article, doctrinal legal research methodology was adopted. Accordingly, this study concluded that there are two conflicting doctrines in determining the status of international law in the national legal system. Since the establishment of the State of Palestine and being a non-member observer state at the United Nations, the Palestinian legislature has adopted the doctrine of monism. The study would assist the international community in understanding the legal nature of the Palestinian constitutional system and its position related to the value of treaties in Palestine. The study emphasises the need to harmonise Palestinian legislation in order to be in line with international treaties.

The Influence of International Regimes on The Act of States on The Basis of Croatia Studies

The role of international organizations in the dissemination of ideas has been widely recognized by constructivist scholars. However, the question of how international organizations influence sovereign states has not been well answered. The classical constructivist discourse provides some good insights, particularly into the relationship between the principle of state sovereignty and the collective identity of states. And the field of international law, which is closely related to international organizations, has been introduced into the consideration of constructivist scholars. In the post-cold-war, the ever-changing international community, examples of the application of this unique approach are constantly being found. As a region with a weak sense of historical identity, the Balkan states provide a good example for the theory of international organizations constructing national identity and interests. Croatia is one of the most representative countries. By joining the WTO, great progress has been made towards the goal of economic and security integration with Europe. It showed that international organizations can influence sovereign states to accept their ideas. The working model of this fact is to negotiate the acceptance by the state of the provisions of the basic documents of the organization and to force the state to comply through a series of corresponding procedures. This article uses historical and documentary methods to sort out the documents related to it, using historical materials from the English world and Croatia academia. The perspective of constructivism is also an important component of the research method. Future studies may further explore the mechanism of this mode of influence and apply this paradigm of international organization and international law to more and more literature and empirical studies.

Mass Atrocities in Ethiopia and Myanmar: The Case for ‘Harm Mitigation’ in R2P Implementation

Abstract By combining insights from the three dominant perspectives in International Relations – liberalism, realism, and anti-imperialism – a novel approach is put forward, that of ‘harm mitigation’. A comparative analysis of Ethiopia and Myanmar reveals that the international community still does not possess the mechanisms to halt mass atrocities in real time. When enforcing R2P, none of the available non-coercive and coercive policy options are pragmatically or ethically unassailable. The non-coercive tools that can be labelled as ‘ethical’, such as diplomacy, humanitarian assistance, and documenting atrocities, while important, are largely ineffective at stopping atrocities as they happen. Much like UN peacekeeping, these non-coercive actions are limited by targeted governments invoking the principle of state sovereignty. Meanwhile, actions that are potentially expedient, such as economic sanctions, military intervention, and supporting rebel groups, are ethically thorny. The conclusions speak to the reality that both non-intervention and intervention have the potential to cause human suffering.

حرية البث الفضائي المباشر وأثره على سيادة الدولة

Direct broadcasting through satellite raises a great problem if it is freed the information and programs without limits and restrictions, because it carries risks to the sovereignty of the receiving state. These risks caused by broadcasting programs and information that affect the political, social, cultural, economic, and other risks that befall the receiving country. This led to a conflict between the principle of state sovereignty and the principle of freedom of information flow which is the legal basis for freedom of direct satellite broadcasting and also led to the division of states between a supporter of freedom of direct satellite broadcasting and its primacy over the principle of state sovereignty and opposition to it. This research came to shed light on this problem of an attempt to address and resolve this conflict, by presenting the issue of freedom of direct satellite broadcasting and its impact on the sovereignty of the state within the framework of the rules of public international law to clarify the principles and provisions of international agreements and covenants and decisions related to this topic, as well as a preview of Juristic views and the states’ opinion.

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.

POLICIES OF STATES TOWARDS INTERNATIONAL ELECTION OBSERVATION

The article presents a study of policies of modern states regarding the institution of international election observation. The study is based on the application of constructivism and realism as the main theories of international relations to explain the actions of national governments in this area. The features of the institution of international election observation in the context of its compliance with the principle of state sovereignty are revealed. Despite the declaration of respect for state sovereignty, the practice of international election observation significantly limits state policy in the field of elections and practically defies national governments’ attempts to regulate it. The paradox and complexity of the current situation lies in the fact that national governments change their policies due to the influence of international observers, but governments cannot find a means to shape the international observation. The institution of international election observation not only eliminates the Westphalian understanding of state sovereignty, but also creates new forms of international accountability of national governments. Within the framework of constructivism, international observation is seen as an institution that promotes democratization and supports progressive trends within the country through the assistance of the international community. The theory of realism acts as the ideological basis for national governments seeking to limit the activities of observers. Within the framework of realism, international observers are viewed as representatives of foreign states that pose a threat to national interests. The article identifies and describes the main models and methods of policies of governments seeking to limit and control international observation. Short historical experience is also a factor that makes it difficult for national governments to choose effective means towards international observation.

Reviving the Principle of Non-Intervention in Cyberspace: The Path Forward

Abstract The applicability of existing rules of international law (namely sovereignty or the prohibition to use force) is currently challenged in cyberspace. In contrast, the relevance of the non-intervention principle is accepted by states and raises less questions about the ‘territoriality’ or the ‘militarization’ of cyberspace. At first sight, it thus appears as a convenient source for the regulation of cyberthreats. However, the Nicaragua case also established a stringent test for a foreign interference to qualify as an unlawful intervention. First, it must bear ‘on matters in which each State is permitted, by the principle of State sovereignty to decide freely’ (ie the ‘domaine réservé’). Then, it must involve ‘methods of coercion in regard to such choices’. I contend that both criteria are maladjusted to address cyberthreats and must be reconceptualised. In fact, the domaine réservé describes domains where states are free from international rules. However, few domains, including electoral processes or main economic orientations, are totally isolated from international law. I thus argue that it must be reconceptualised into the so-called ‘domaine privilégié’. It consists of a domain with clear-cut contours, unaffected by the developments of international law, which encompasses the fundamental interests of a state and its population. Then, coercion describes situations where a state is compelled to act, or to refrain from acting, in a certain fashion. This traditional approach is also problematic, and I argue that coercion must be understood in terms of deprivation of control.

The alleged tension between the Global Compact for Safe, Orderly and Regular Migration and state sovereignty: ‘Much Ado about Nothing’?

AbstractIn a landmark effort to finally acknowledge the necessity to jointly respond to the global phenomenon of large movements of refugees and migrants, the process initiated in 2016 with the approval of the New York Declaration for Refugees and Migrants eventually led to the adoption of two UN Global Compacts, respectively the Global Compact for Safe, Orderly and Regular Migration (GCM) and the Global Compact on Refugees (GCR). Despite the enthusiastic support shown at first by the international community, the GCM negotiations have been more controversial and ultimately shaken by the clamorous withdrawals of several states. The main argument used by the withdrawing governments to justify the sudden refusal to adopt the GCM was based on the claim that the document − although non-binding − undermines the ‘sovereign right’ of the state. Such a claim, given the centrality that the principle of state sovereignty has acquired since the Peace of Westphalia, deserves to be further analysed from an international law perspective by resorting to the ‘sovereignty test’ developed by Schrijver. The present work, after briefly introducing the main tenets of the GCM, applies the ‘sovereignty test’ to the GCM to dissect the alleged tension between state sovereignty on the one hand and the shared approach to international migration envisaged by the pact on the other. This article’s ultimate goal is to prove that the GCM does not aim to restrain state sovereignty; rather, it strives to remind states of existing international commitments already undertaken at the regional and global level.

ВИНИКНЕННЯ СЕПАРАТИЗМУ ТА ЙОГО РОЛЬ У ВНУТРІШНЬОПОЛІТИЧНИХ ПРОЦЕСАХ ПОЛІЕТНІЧНИХ ДЕРЖАВ

У статті проаналізовано концептуальний підхід до дослідження сепаратизму, що передбачає територіально-політичний рух, мета котрого – відокремлення від країни частини її території та створення незалежної держави. Сепаратизм призводить до порушення єдності, суверенітету й територіальної цілісності держави, принципу непорушності кордонів. Уточнено сутність поняття досліджуваного феномену. Визначено терміни «сепаратизм» і «політика сепаратизму», виявлено специфіку сепаратизму в контексті інших етнооб’єднавчих і етнороз’єднавчих рухів. Виокремлено функціональні моделі політики сепаратизму, що проводяться з урахуванням характеру стратегічних цілей суб’єктів сепаратизму й типу панівних у певний історичний період міжнародних відносин. Розкрито суть подвійної природи сепаратизму, його специфіку на двох рівнях – внутрішньополітичному та міжнароднополітичному. Звертається увага на регіональні різновиди сепаратизму: західноєвропейський (нараховує вісім проявів сепаратизму); східноєвропейський (13 проявів сепаратизму); ісламський (шість проявів сепаратизму); азіатський (14 проявів сепаратизму); африканський (шість проявів сепаратизму); американський (чотири прояви сепаратизму). Доведено, що сепаратизм має глибокі історичні корені, котрі пов’язані з існуванням суперечності між історичними традиціями взаємодії держав на принципах державного суверенітету й непорушності кордонів, з одного боку, та принципах права націй на самовизначення, що утвердилися в практиці міжнародних відносин і передбачають можливість формування незалежних держав, осередків сепаратизму у світі, накладають відбиток на політико-географічне положення території. До вироблення конкретних рекомендацій стосовно зниження ризиків сепаратизму може призвести розуміння механізмів цього впливу.

Aliens Intervention in the State Conflict in International Law (Study of the Engagement of America, Saudi Arabia, Russia, and Iran in the Arab Spring Conflict)

Various conflicts experienced by the state are denied or there are no interventions from other countries both on a large and small scale, either directly or indirectly. Interventions have the meaning of dictatorial interference by a country against other countries’ internal affairs. This has caused controversy because it is contrary to the principle of state sovereignty and the principle of non-intervention in international law. The practice of intervention that is happening now is one of the conversations by the community. The validity of the intervention of other countries is one of them sticking out in the Arab Spring conflict, where Saudi Arabia and Iran make Syria an arena for proxy war where opponents of strength use third parties instead of fighting directly with each other. Saudi Arabia openly supports the opposition in the form of finance, a tool of war. On the other hand, Iran totally supports Bashar al-Assad with financial assistance, weapons of war and sends military forces. This paper analyzes how the position of foreign country intervention in a country's conflict in the study of international law. This paper focuses on the Syrian conflict, the Arab Spring where in the study of international law, intervention is seen as a state effort, and this paper analyzes the legitimacy of the state to carry out such interventions.

ASEAN Mechanism for Human Security Problems in Southeast Asia: What's Wrong?

Since the flow of goods and services begins to cross national borders, threats to human security do not originate solely from war. The era of traditional security has begun to shift towards non-traditional security or human security. In this concept, threats to security are directed directly at humans such as natural disasters, epidemics, drugs and human trafficking, and terrorism. Southeast Asia is the region most vulnerable to natural disasters. Relations between countries in this region are under the auspices of ASEAN. ASEAN Way is an ASEAN mechanism based on the principle of state sovereignty and non-intervention. ASEAN Way and Human Security are two different concepts. The ASEAN mechanism cannot be applied absolutely to overcome natural disasters that are massive, cross-border and occur in areas of armed conflict in Southeast Asia. In this case, it is necessary to broaden understanding of the nature of the principle of state sovereignty and non-intervention.Keywords: ASEAN Mechanism, Human Security, Southeast Asia

Evolving Principles and Guiding Concepts: How China Gains African Support for its Core National Interests

For decades, the People's Republic of China has advocated rhetorically consistent, albeit gradually evolving, principles of state sovereignty and non-interference in internal affairs that find particular resonance in African nations. Under Xi Jinping, China has packaged its policies using two interrelated guiding concepts, the “Chinese Dream” and the “The Community of Shared Future.” Africans have greeted the former with little enthusiasm, but have been more receptive to the latter. These principles and concepts represent the conceptual framework that China has built to engage African countries amid a rapid expansion in its diplomatic, economic, technological, and security footprint on the continent. Beijing has successfully garnered African support or, at least, acquiescence on topics its leaders consider the country's “core national interests,” namely Taiwan, Tibet, the mistreatment of Muslim minorities, human rights, South China Sea, and Hong Kong. On these key sensitive issues, reciprocity has long been an essential element of Beijing's approach, one that together with financing, investment, aid, and political backing of African interests, ensures that African countries support China's position—lest they open themselves to criticisms of their own domestic affairs.

АНАЛИЗ ЗАКОННОСТИ ПРОВЕДЕНИЯ ОПЕРАЦИИ ПО УКРЕПЛЕНИЮ ВОЕННО-ЭКОНОМИЧЕСКОЙ БЕЗОПАСНОСТИ ОДКБ НА ТЕРРИТОРИИ СИРИЙСКОЙ АРАБСКОЙ РЕСПУБЛИКИ В СООТВЕТСТВИИ С НОРМАМИ МЕЖДУНАРОДНОГО ПРАВА

In 2015, the Russian Federation returned to world politics as a powerful sovereign power. The Russian military campaign launched in 2015 in Syria caught not only ISIS by surprise, but also the security services and Western analysts. This was the first large-scale military operation of post-Soviet Russia outside the territory of the former USSR. The article considers the legal basis of the Russian military operation in Syria and its compliance with the norms of international law. The legal aspects of the actions of our troops in Syria are disclosed in more detail. Russia's participation as a CSTO member state in military operations in Syria is determined by the need to combat international terrorism. The actions of the Russian Federation are carried out in accordance with the basic principles and norms of modern international law and, above all, the principle of State sovereignty. Russian military aid came to Syria at the request of the legitimate Government of the Syrian Arab Republic. According to the authors of the article, Russian military assistance to Syria, which fully complies with domestic and international law, at the same time seems to be extremely important, a new phenomenon in international politics, namely, a radical attempt to stop the process of destroying the UN and preserve progressive international law.

Judicial Review of Customs Billing in Bankrupt Debtor

Research aims to determine the position privilege of Indonesian Customs and Excise to be fulfilled first thanother debts, Indonesian Customs and Excise’s as a Preferred Creditor for bonded zone companies that havebankrupt and define effectiveness of the confiscation process as the Commercial Court Decision on bondedzone companies that have assets outside Indonesia. Research method that is being used is juridical normativemethod. The results showed that Indonesian Customs and Excise position as preferred creditor remained inaccordance with the Customs Regulations. However along with the breakthroughs in legal issues and legaldevelopments, the state's position as the preferred creditor is no longer a priority. Legal issues arising relatedto the implementation of confiscation of debtors who have assets abroad will be constrained by the principleof state sovereignty which can impact on the portion of Indonesian Customs and Excise’s debt collectionobligations. Based on the results of the study it was concluded that Indonesian Customs and Excise has thepreferential right to fulfill bankruptcy debtors even with the shift in priority payments by labor wages, so theeffort that must be done is to mitigate risks before bankruptcy and the maximum collection. The universalprinciple in implementing bankruptcy decisions will make it difficult for the execution of debtor assets outsideof Indonesian jurisdiction.

Protection of Children’s Rights and Access to Child Justice in Zambia: An Enigma of the Principle of State Sovereignty

Zambia faces violation of children’s rights as well as difficulties in accessing justice by children. This situation stems from interplay of various factors. Fundamentally, these include poor legislative framework, weak enforcement mechanisms for existent laws, and cultural influences which are chiefly manifested in the customary law. Consequently, several children are denied of opportunities to meaningfully live their lives and to actualize their full potentials as citizens. By building on the primary data which was collected from three Zambian rural districts and the review of appropriate literature, the article highlights lacunas in the Zambian legal framework. It also brings to the fore the practical challenges in ensuring protection of children’s rights and access to justice through enforcement of child-related laws. The article concludes that the spread of human rights as an international norm is far from becoming a universal reality. The absence of appropriate national laws, low awareness about children’s rights, and the lack of stakeholder’s participation in the protection of these rights hinder children’s protection and their access to justice in some sovereign states. Keywords: Children, Rights, Violation, Protection, Justice, Sovereignty DOI : 10.7176/IAGS/76-05 Publication date :September 30 th 2019

Sovereignty and Trans-Boundary Environmental Issues: A Search for Co-Existence

With no international uniformity and ambiguity in matters of jurisdiction in cases of cross-boundary environmental issues, the concerns for the same have taken a centre-stage. The need for having a clear perspective and a legal framework on environment related issues specifically in relation to jurisdictional aspect in trans-boundary claims has to be dealt with. But any debate of such nature will touch upon the concept of State Sovereignty. The debate for having a universal jurisdiction is quite new and that of extending it to the cases of environment is even more new and thought provoking. The environmental degrading activities of one State may affect the neighbouring State(s) too, which would thus involve various legal and political consequences. And one such consequence will be in relation to the territorial sovereignty. International law concerns have tried to strike a correct balance between the international responsibility towards environment and the principle of State Sovereignty. This article is an attempt to evaluate the evolving international environmental law jurisprudence in the above mentioned backdrop. In this the responsibility to protect and preserve the environment of the States is to be studied while taking into account the issues relating to sovereignty. It is to be analysed as regards how far obligations can be placed upon a State so as not to undermine the absoluteness of its Sovereignty.