Progressive Codification Research Articles

Ethical challenges in contemporary social research (editorial)

The importance of ethics in social research has increased in recent years, something reflected, among other things, in the progressive codification and institutionalization of research ethics and the growing literature on this topic. We argue that despite increasing ethical regulation and ethical reflection in social research, ethical challenges also arise, i.e., difficult situations connected with selecting ethically appropriate behavior. The aim of this special issue is to invite social researchers to reflect upon and discuss ethical challenges in contemporary social research. The contributions in this issue concern vulnerability (one critically analyzing it, and another adapting the vulnerability concept to conducting research with people after a laryngectomy), the researcher and participant relationship, research ethics in multilingual world, and the ethicality of data representation where language plays a particular role in creating a form of activist research.

War Crimes and Crime of Genocide: Does the Laws really prevent Crimes in the Modern Society

Abstract: The term Genocide and War Crimes is as old as the existence of the first social groups formed in human society which started happening throughout the generation. Each of those concepts has followed its own path and definition but sometimes there are considerable overlaps among them. These overlaps require progressive codification where both confirmed and reaffirmed in an effort to stop and punish the commission of such acts. It’s a very obvious question when the term war crime was used for the first time and when the first war crimes were committed during history by some famous empire that termed it in their own primitive societies. It was very common in between the wars or battles that were concluded by sacking a particular region after defeating them, and by slaughtering the soldiers’ and capturing the civilians. But at that time it was common war behavior by the successor party and never thought of considering it as war crimes. As far as genocide is concerned, this crime was first time codified under International Law and acted more swiftly than war crimes as some nightmare incident happened during World War II done by world’s greatest Nazi party. These crimes are also severe inhuman offenses which are committed in the most brutal way of violation of any human law. I have also tried to discuss the recent conflicts between Russia and Ukraine related to NATO discussion and how superpower countries using their powers just to make ensure their countries are as safe as heaven. These all wars led to War Crimes rise of War Criminals, and thousand to genocide cases. These atrocities crimes effect the future generation physically, mentally and with chemical sediments of those immigrants. Till date it is a major problem throughout the globe and especially in our country, which directs us to different riots, protests and other events without declaring it as genocide or any crime towards society. In this paper, I have tried to explore some facts and crime in detailed manner by covering the entire concept and how this concept of war crime and genocide affects the society, the social health and mental health of the people and some various definitions and law which till date people are unaware to such type of incident by calling them a simple crime or murder. Thus, this paper tries to analyze the difference which will help to understand the wholesome meaning and ideas of this atrocity crime. Keywords: Genocide, War, Generation, Crime, Atrocity.

The Legal Status of Historic Bays in the Light of the Works of the League of Nations Committee of Experts for the Progressive Codification of International Law

Abstract The status of historic bays has developed over time and forms a part of customary international law. Interestingly, that issue has never been codified in international treaties regarding the law of the sea. However, it has always been discussed in the codification works on that topic carried out in the 20th century within the international organisations. This article discusses, in brief, the origins and evolution of the legal status of bays in international law until the beginning of the twentieth century. However, most of all, it addresses in detail the beginning of codification works carried out after World War I by the League of Nations Committee of Experts for the Progressive Codification of International Law, with a special reference to the legal position of historic bays. Furthermore, it addresses the questions of so-called vital bays and establishment of International Waters Office, that were also discussed during the Committee works.

Temporary application of international treaties: legal aspects

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.

State Responsibility for Protracted Displacement: An International Legal Approach to Durable Solutions

Abstract Since the Second World War, displacement has become increasingly protracted and return is in decline. Despite calls for greater international responsibility sharing, many displaced people are subject to a legal limbo, lacking recognition and reparation in international law. This article seeks to establish the legal contours of protracted displacement as an internationally wrongful act that can engage the responsibility of States of origin and result in redress for those displaced. The article argues that there is evidence of a customary international law right of return, which requires States to facilitate voluntary repatriation and provide restitution. Facilitation includes refraining from preventing or obstructing return, suppressing acts of retribution or discrimination, and addressing root causes of displacement. Restitution includes property restitution, compensation for material and moral damages as well as reintegration and reconciliation measures, and offering effective models for return. The article concludes that the progressive development and codification of the law on forced displacement should address temporality, the qualities of return, and the alleviation of extant crises.

Geographical dynamics of knowledge flows: descriptive statistics on inventor network distance and patent citation graphs in the pharmaceutical industry

In the knowledge-based geography of innovation literature, there are two opposing claims on the spatio-temporal pattern in knowledge flows over a technological trajectory. Firstly, after the breakthrough, externalities stimulate agglomeration of specialised firms and thus cause incremental inventions to take place progressively localised. Secondly, after the breakthrough, progressive codification and technological crystallisation facilitates collaboration over greater distances. In this study, forward citation graphs of breakthrough patents are constructed and enriched with locations of inventors. Using these citation graphs, we study claims on co-inventor distances and distances of groups of inventors across citations. We find support for existing claims and alternative spatio-temporal patterns. Notably that, early on in trajectories, inventors generally collaborate mostly locally, yet cite knowledge sources found more remotely. Later on, inventors collaborate over greater distances, yet cite more local sources. Conclusively, there is progressive globalisation of inventor networks, whereby inventors increasingly use local sources in follow-up inventions.

Geographical dynamics of knowledge flows: descriptive statistics on inventor network distance and patent citation graphs in the pharmaceutical industry

In the knowledge-based geography of innovation literature, there are two opposing claims on the spatio-temporal pattern in knowledge flows over a technological trajectory. Firstly, after the breakthrough, externalities stimulate agglomeration of specialised firms and thus cause incremental inventions to take place progressively localised. Secondly, after the breakthrough, progressive codification and technological crystallisation facilitates collaboration over greater distances. In this study, forward citation graphs of breakthrough patents are constructed and enriched with locations of inventors. Using these citation graphs, we study claims on co-inventor distances and distances of groups of inventors across citations. We find support for existing claims and alternative spatio-temporal patterns. Notably that, early on in trajectories, inventors generally collaborate mostly locally, yet cite knowledge sources found more remotely. Later on, inventors collaborate over greater distances, yet cite more local sources. Conclusively, there is progressive globalisation of inventor networks, whereby inventors increasingly use local sources in follow-up inventions.

ПРИНЦИП ТЕРРИТОРИАЛЬНОЙ ЦЕЛОСТНОСТИ В МЕЖДУНАРОДНО-ПРАВОВОМ ИНСТРУМЕНТАРИИ МИРНОГО РАЗРЕШЕНИЯ ТЕРРИТОРИАЛЬНЫХ СПОРОВ

INTRODUCTION. The research of the conceptual foundations of the principle of territorial integrity of states, taking into account possible conflicts of this principle with the principle of the right of people to self-determination equivalent in their legal force, is actual, especially in the context of contemporary international relations. At the same time, the justification of the need to respect the territorial integrity of states in the process of settling territorial disputes is also demonstrated in the works of the early representatives of international legal doctrine. MATERIALS AND METHODS. On the example of the activities, first of all, of the UN the article shows the effectiveness of the appeal of universal and regional judicial and non-judicial bodies to the principle of territorial integrity in the process of settling territorial disputes arising in the course of realizing the right of peoples to self-determination. The special materials for the research were the decisions of the UN Security Council on territorial disputes, the resolutions of the UN General Assembly on territorial disputes, the Declaration on the Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations of 1970, the Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960 and doctrinal interpretations of these documents. RESEARCH RESULTS. Based on the results of the analysis, the author notes that the absence in international law of a sufficiently clear legal definition of the principle of territorial integrity and its interdependence with the right of peoples to self-determination leads to double standards in assessing contemporary threats to international stability and security. DISCUSSION AND CONCLUSIONS. The author emphasized the necessity of progressive development and codification of the norms of international law, aimed at adapting to contemporary realities and the principle of territorial integrity, and the principle of the right of peoples to self-determination, so as to enhance the opportunities for their equivalent action as sources of international law.

Amiable Composition in International Arbitration

Amiable composition is a means of dispute resolution based on the authority to base his decision on equity. Although this method has been used frequently in the last decades of the 20th Century, the number of the published awards by amiable compositeur arbitrators is getting lower and lower. The reason(s) for unpopularity of amiable composition should be sought in its very nature, in its relationships with other institutions such as arbitration in law, equity, ex aequo et bono arbitration, other means of dispute resolution and in its role in the development of the rules specific to international commerce. A brief look at the history of law shows that the concept of equity comes to the scene every time that the rigidity of the rules of law challenges the justice. This has been the case in the 20th Century with respect to international commercial law which was deprived of specific rules. The role of amiable composition has been to contribute to the development of the rules specific to international commerce. The progressive codification of such rules in the last decades is also owed to amiable composition, which has accomplished its mission in the evolution of these rules.

Amiable Composition in International Arbitration

Amiable composition is a means of dispute resolution based on the arbitrator's authority to base his decision on equity. Although this method has been used frequently in the last decades of the 20th Century, the number of the published awards by amiable compositeur arbitrators is getting lower and lower. The reason(s) for unpopularity of amiable composition should be sought in its very nature, in its relationships with other institutions such as arbitration in law, equity, ex aequo et bono arbitration, other means of dispute resolution and in its role in the development of the rules specific to international commerce. A brief look at the history of law shows that the concept of equity comes to the scene every time that the rigidity of the rules of law challenges the justice. This has been the case in the 20th Century with respect to international commercial law which was deprived of specific rules. The role of amiable composition has been to contribute to the development of the rules specific to international commerce. The progressive codification of such rules in the last decades is also owed to amiable composition, which has accomplished its mission in the evolution of these rules.

Le Projet CopuLex

The dictionary, a reference work, has a conventional structure which makes it an information retrieval instrument. It functions at two levels: that of headwords, generally ordered from A to Z (macrostructure); and that of entries or articles, giving a set of linguistic information for each headword (microstructure). A dictionary's consultability is measured in terms of the rapidity with which the user is able to find the correct headword in the macrostructure and then the required information in the microstructure. In a modern dictionary the consultability of the microstructure is assisted by a recurrent structure in which, in principle, each headword is always followed by the same types of information, given in the same order and in the same typeface; in which the most frequent pieces of information (";masculine noun";, ";transitive verb";, ";from the Latin";, etc.) are presented in the form of conventional abbreviations (";m.";, ";tr.";, ";Lat.";). Older dictionaries had a less rigorous microstructure and a less predictable content.The aim of the Copulex Project is to analyze in French lexicography the history and evolution (progressive codification) of the systems of copulas giving access to the microstructure by connecting the headword to the different pieces of information (orthography, pronunciation, grammatical category, meaning, use, etymology, etc.)This paper deals with the question of the user's linguistic and dictionary competence, which has to make up for the deficiencies or the implicitness of the system offered by the lexicographer, and examines two specific cases, one from an early dictionary (Trévoux 1743), the other from a modern one (Lexis 1975).

The United Nations International Law Commission

Those seeking information on the United Nations’ work in systematizing the rules of public international law may find it useful to examine the latest edition of The Work of the International Law Commission (4th ed., United Nations, 1988). According to this publication, (the primary source for this column), interest in the development and codification of the rules on international law may be traced back to the late 18th century and the English philosopher Jeremy Bentham, author of Principles of International Law. From this time forward there were numerous attempts at the codification of international law, but intergovernmental regulation of general legal questions originated with the Congress of Vienna (1814–1815). Thereafter, international legal rules on various subjects were developed by different diplomatic conferences. These included such subjects as the laws of war on land and sea, pacific settlement of international disputes and the regulation of postal services and telecommunications. The Hague Peace Conferences of 1899 and 1907 stimulated the movement for codification. Efforts to promote the codification and development of international law were further advanced with the 1924 (September 22) resolution of the fifth session of the League of Nations Assembly which envisaged the establishment of a standing Committee of Experts for the Progressive Codification of International Law. After having consulted member governments and the Council, the League Assembly decided in 1927 to convene a Codification Conference which took place at The Hague in the Spring of 1930. Unfortunately, the international instruments resulting from the work of the conference were only in the one field of nationality. One further step, however, was the adoption by the League Assembly on September 25, 1931 of a major resolution on codification of international law emphasizing the need to strengthen the influence of governments at each stage in the codification process.

Inter Arma Caritas: Evolution and Nature of International Humanitarian Law

International humanitarian law can be defined as the principles and rules which regulate hostilities in order to attenuate their hardships: they aim at safeguarding military personnel placed 'hors de combat' and persons not taking part in hostilities; they also determine the rights and duties of belligerents in the conduct of operations and limit the choice of means of doing harm. This law combines two ideas of a different nature, one legal and the other moral, which may explain the apparent paradoxes it raises (Part 1). The evolution of humanitarian thought through the ages (Part 2) — as well as the attitude of States, the weight of history and politics — have determined the uneasy but progressive codification of humanitarian norms (Part 3). To understand the very nature of humanitarian law, we have to take into account the so-called 'military necessity' which may be at the origin of limitations, if not gaps, in the development and the implementation of humanitarian law. However, because it is also indebted to superior principles derived from established custom, principles of humanity and the dictates of public conscience, humanitarian law has acquired specificities which make it universal and obligatory. If humanitarian law is a law concluded by States, its real aim is the protection of the human person (Part 4).

A New Stage in the Development of the Law of the Sea

The worldwide historical significance of the formation of the USSR has been reflected, inter alia, in the fact that the trend toward the progressive development and codification of principles of international law and norms governing the interrelations of all countries, without exception, was affirmed in international life with the advent of the great socialist country. Owing to such factors in world development as the peace-loving policy of the community of socialist countries, the efforts of the developing countries to strengthen their national independence, and international cooperation and the world community's efforts to affirm international legality and universal peace, this trend is becoming the dominant social pattern of our time.

Codification and Consolidation of the Law at the Present Time

Law reform is now under consideration in most countries of the world and practically everywhere, the problem of the instruments of this reform arises: should the reform be carried out by the decisions of judges or by statute, and if by statute, must such law be codified?Common law countries are both attracted and at the same time frightened by codification. This may well be the situation here in Israel, where the common law tradition is still deeply rooted but where there is also a certain tradition in favour of codification.At any rate, the subject cannot be treated today as it would have been a century ago. The old controversies about the usefulness of codification in the abstract are out of fashion. In England, the fierce attacks of Jeremy Bentham against the common law—“dog law”—have had no influence on the development of English law. On the continent, Savigny and the German Historical School did not prevent the progressive codification of German law nor the adoption in the other countries throughout the nineteenth century of codes inspired by the French model.

League of Nations. Committee of Experts for the Progressive Codification of International Law [1925-1928]. Edited, with an Introduction, by Shabtai Rosenne Dobbs Ferry, N.Y: Oceana Publications,1972. 2 vols: Vol. I, Minutes, pp. cxxiv, 349; Vol. II, Documents xii, 487. $50.00 for the set.

League of Nations. Committee of Experts for the Progressive Codification of International Law [1925-1928]. Edited, with an Introduction, by Shabtai Rosenne Dobbs Ferry, N.Y: Oceana Publications,1972. 2 vols: Vol. I, Minutes, pp. cxxiv, 349; Vol. II, Documents xii, 487. $50.00 for the set. - Volume 67 Issue 2

The Underdeveloped Nations and the Development of International Law

One of the responsibilities of the UN General Assembly is to encourage the progressive development and codification of international law. One method it may use in discharging diis responsibility is the convening of conferences to draft international conventions for submission to governments. The International Law Commission, a subsidiary organ of the Assembly, draws up draft treaties which may be utilized as working documents at such conferences. This method does not differ fundamentally from die normal procedures of creating international law, since, in substance, it involves die drafting and signing of treaties. However, the General Assembly has, at least potentially, other means (the study of which is die subject of this article), which have not been fully utilized and die use of which would perhaps permit a liberalization of the creative process of developing and codifying international law. Here we shall examine, in general terms, only one of tiiese, i.e., die possibilities and limitations of purely declarative codes of customary rules adopted by the General Assembly as means of discharging that organ's responsibilities.

The General Assembly and the Progressive Development and Codification of International Law

The work which has been undertaken by the United Nations with regard to the encouragement of the progressive development and codification of international law finds its express origin in the duty given to the General Assembly by Article 13, paragraph 1 (a) of the Charter of the United Nations. It is therein laid down that: “ 1 . The General Assembly shall initiate studies and make recommendations for the purpose of: (a) promoting international cooperation in the political field and encouraging the progressive development of international law and its codification.” At the Conference held at San Francisco, April 25 to June 25, 1945, at which the Charter of the United Nations wasdrawn up, the measures that should be taken for “revitalizing and strengthening” international law, shaken in the course of a quarter of a century by the upheaval of two World Wars, were considered by Committee II/2 of the Conference.

Appendix 10: General Recommendations with a View to the Progressive Codification of International Law

Appendix 10: General Recommendations with a View to the Progressive Codification of International Law

The Hague Codification Conference

The Conference for the Codification of International Law which met at The Hague from March 13 to April 12, 1930, was the first international conference specifically called for that purpose.In 1924 the League of Nations set up a Committee of Experts for the progressive codification of international law. The task of that committee was to select and propose for the first conference on codification a certain number of subjects within the field of international law. Three subjects, namely, Nationality, Territorial Waters and The Responsibility of States for Damage Caused in Their Territory to the Person or Property of Foreigners, were finally agreed on as the subjects to be considered by the first conference.