Provisions Of International Law Research Articles

States obligations on Terrorism and Anti-Terrorism laws in Pakistan: An Overview

The growing debate on terrorism is sensitive, and its effects are dreadful. States are under international legal obligations to respect, protect and fulfill people's basic human rights without discrimination and distinction.States are required to remove the effects of terrorism, which are outrageous and alarming. In this context, this article focuses on terrorism and International law. It aims to analyze provisions of international law pertaining to terrorism and to present ways to establish universal peace. It analyses the relevant United Nations (UN) resolution sand international legal documents to evaluate the States' obligations. It also analyses the legislation of Pakistan on terrorism as a case study for identifying the lacuna's and loopholes in the existing legal framework. Based on the legal framework, the paper elaborates on the obligations of states in relation to terrorism. It argues that laws on terrorism in Pakistan are sufficient. However, there is needed to implement laws effectively in order to meet growing challenges. There is still a need for improvement in the implementation mechanism pertaining to counter-terrorism measures taken by Pakistan. The line of argument is that states must conform to norms of international law in practical terms, and universal peace can only be established if social justice is guaranteed and human rights protection at every level is ensured.

Cyfryzacja ochrony zdrowia a konieczność wprowadzania nowych rozwiązań prawnych

The necessity of providing healthcare to citizens is one of the basic principles of every state, regulated by provisions of national, EU or international law and comple-mented by soft law. Civilisational changes and technological advancement make it possible to develop new healthcare tools and services (i.a. telemonitoring, telecon-sulting, telerehabilitation and electronic medical documentation). The COVID-19 pandemic greatly emphasised the need to provide such services. The wide use of e-health, however, which may be a remedy for numerous problems that the health-care sector is wrestling with, requires securing the rights of those who are not digitally included, especially the elderly. The prevalence of various degrees of digital exclusion, not only among the elderly, makes these issues socially significant and they should be solved by law. The purpose of the article is an initial analysis of the validity of developing e-health services in the ageing society in Poland and a presentation of proposals for adjusting legal solutions as regards the use of digital tools in healthcare to the changing reality.

The concept and composition of war crimes in the context of international criminal law

The article conducts a comprehensive study of the legal category of «War Crimes» in the context of the provisions of international criminal law and international regulations. To date, the concept of war crime has not received clear legal regulation in the provisions of international law, but has become widespread and applied in practice a list of acts that are recognized as war crimes under the Rome Statute of the International Criminal Court and the Geneva Convention.A full analysis of the category of «war crime» is impossible without studying the legal features of war crimes based on the provisions of international humanitarian law and the security doctrine of the international community, through the prism of the practice of international law.War crimes are characterized by the significance of those features of a criminal offense that are irrelevant in ordinary crimes and in war crimes allow to correctly classify a socially dangerous act and determine the rules of international law applicable to a person committing a war crime. A special feature of the subject of the crime is the presence of a special subject of war crimes, namely combatants or non-combatants. From a subjective side a military crime is accomplished consciously and with the intentional form of guilt. Marked, that during the estimation of publicly-dangerous act as military crime an important value has research of signs of perfect act through the prism of signs of soldiery crimes, that is certain the norms of Genevan convention and also Roman charter of the International criminal court. It is thus summarized that as a military crime the feasance of international or domestic conflict comes forward a subject or by the persons of act, that consists in gross, mass violation of norms of international humanitarian law and also in gross violation of rights and freedoms of persons, that participate battle actions or are in the district of realization of battle actions, equated with them.

Russian military operation in Ukraine: analysis from the perspective of International Law

The Russian government emphatically stated that it started a full official attack on Ukrainian territory on February 24, 2022. While, the President of Ukraine, Volodymyr Zelenskyy, declared the imposition of martial law in all regions of his country after Russia carried out a full attack. In addition, several countries in the world responded through open statements of their respective heads of state, and some were accompanied by the imposition of sanctions. Regardless of the reasons and justifications for a decision, the community is the most affected party. This war situation, of course, needs to heed the principles of humanitarian law and humanitarian principles. This paper describes how the war between Russia and Ukraine is seen from the perspective of international law and obligations of the parties under international humanitarian law. This type of research is normative juridical research. The data collecting method used is literature study. The tools used in this research are secondary data in the form of documents consisting of primary legal materials, secondary legal materials, and non-legal materials. These data were analyzed qualitatively and then presented descriptively. The results of this study found that the justifications used by the Russian government in carrying out military operations in Ukraine, namely self-defense, collective self-defense, and humanitarian intervention cannot be justified under international law. The conflict between Russia and Ukraine is included in an international armed conflict so that in order to protect civilians and certain subjects and objects, the parties to the conflict must comply with the provisions of international humanitarian law.

LEGAL IMPLICATIONS AND DECISIONS IN SOUTH CHINS SEA DISPUTES WITH SURROUNDING COUNTRIES

The 1982 Law of the Sea Convention is very important because in addition to reflecting the results of the international community's efforts to codify existing international law provisions, it also describes a progressive development in international law. This 1982 Law of the Sea Convention has an effect on economic life, especially for countries that get additional sea areas. This can happen because the potential sources of marine wealth that exist can be utilized from an economic point of view by the countries that are around them. To be able to secure and control its sea, and prevent other countries from exploiting or destroying it, that country can use sea power. The concept of sea power was introduced by Mahan, where Mahan stated the need for six basic elements to build a great sea power, namely namely a government area that has a population, population characteristics, area, physical form and geographical area. A country conducts security and control of the sea because whoever controls the sea will rule the world

The current state of criminal law confiscation of property

The object of the study is the legal relations in the process of confiscation of property in criminal law. The subject of the study is the development of confiscation in the criminal legislation of the pre-revolutionary, Soviet and modern periods, as well as the provisions of international law, the current criminal law of a number of foreign countries, judicial acts containing the legal phenomenon under study. The purpose is to present a system of theoretical knowledge about the current state of confiscation in criminal law. The theoretical basis of the study was the work of domestic experts on the confiscation of property. In addition, dissertation and monographic studies on criminal law and other branch legal sciences were used. The empirical basis of the study was made up of materials on the number of those brought to criminal responsibility, on re-committed crimes that form a relapse, on those released from criminal liability, as well as statistical information on judicial and law enforcement activities related to the application of property confiscation in criminal legislation. The scientific novelty consists in the fact that the study will allow to establish the role, place, value of property confiscation in the declared branch of law, to determine its current state, to trace the patterns of development in criminal law, which in turn will make it possible to formulate reasonable recommendations for improving the criminal law by all interested parties.

Acceleration of Clean Energy Use Based on The 2015 Paris Agreement

The adverse effects of climate change are a major threat to human life and the environment. Indonesia's participation in the 2015 Paris Agreement encourages changes in people's lifestyles to become environmentally friendly. Indonesia commits to reducing emissions before 2030 . The purpose of this study is to describe energy regulation within the scope of the provisions of national law and international law and to examine Indonesia's efforts to accelerate the use of clean energy based on the 2015 Paris Agreement. The approach used is normative. The data collection technique is through conventional literature searches and online and analyzed with qualitative data analysis because the data will be presented in a narrative-descriptive manner, not in numerical or numerical form. The results of the research show that the regulation of energy within the scope of national legal provisions is generally regulated in the Law of the Republic of Indonesia Number 30 of 2007 concerning Energy. This law contains general problems of energy resources in Indonesia from philosophical, juridical, and sociological aspects. This law has the function of a legal umbrella for other laws and regulations that will regulate energy-related matters. Indonesia's efforts to accelerate the use of clean energy based on the 2015 Paris Agreement, namely by ratifying the 2015 Paris Agreement into Law of the Republic of Indonesia Number 16 of 2016. To accelerate the use of new and renewable energy as clean energy, the Indonesian government issued a Draft Presidential Regulation that regulates the purchase of new and renewable energy. clean energy electricity and several other efforts.

Acceleration of Clean Energy Use Based on The 2015 Paris Agreement

The adverse effects of climate change are a major threat to human life and the environment. Indonesia's participation in the 2015 Paris Agreement encourages changes in people's lifestyles to become environmentally friendly. Indonesia commits to reducing emissions before 2030 . The purpose of this study is to describe energy regulation within the scope of the provisions of national law and international law and to examine Indonesia's efforts to accelerate the use of clean energy based on the 2015 Paris Agreement. The approach used is normative. The data collection technique is through conventional literature searches and online and analyzed with qualitative data analysis because the data will be presented in a narrative-descriptive manner, not in numerical or numerical form. The results of the research show that the regulation of energy within the scope of national legal provisions is generally regulated in the Law of the Republic of Indonesia Number 30 of 2007 concerning Energy. This law contains general problems of energy resources in Indonesia from philosophical, juridical, and sociological aspects. This law has the function of a legal umbrella for other laws and regulations that will regulate energy-related matters. Indonesia's efforts to accelerate the use of clean energy based on the 2015 Paris Agreement, namely by ratifying the 2015 Paris Agreement into Law of the Republic of Indonesia Number 16 of 2016. To accelerate the use of new and renewable energy as clean energy, the Indonesian government issued a Draft Presidential Regulation that regulates the purchase of new and renewable energy. clean energy electricity and several other efforts.

Acceleration of Clean Energy Use Based on The 2015 Paris Agreement

The adverse effects of climate change are a major threat to human life and the environment. Indonesia's participation in the 2015 Paris Agreement encourages changes in people's lifestyles to become environmentally friendly. Indonesia commits to reducing emissions before 2030 . The purpose of this study is to describe energy regulation within the scope of the provisions of national law and international law and to examine Indonesia's efforts to accelerate the use of clean energy based on the 2015 Paris Agreement. The approach used is normative. The data collection technique is through conventional literature searches and online and analyzed with qualitative data analysis because the data will be presented in a narrative-descriptive manner, not in numerical or numerical form. The results of the research show that the regulation of energy within the scope of national legal provisions is generally regulated in the Law of the Republic of Indonesia Number 30 of 2007 concerning Energy. This law contains general problems of energy resources in Indonesia from philosophical, juridical, and sociological aspects. This law has the function of a legal umbrella for other laws and regulations that will regulate energy-related matters. Indonesia's efforts to accelerate the use of clean energy based on the 2015 Paris Agreement, namely by ratifying the 2015 Paris Agreement into Law of the Republic of Indonesia Number 16 of 2016. To accelerate the use of new and renewable energy as clean energy, the Indonesian government issued a Draft Presidential Regulation that regulates the purchase of new and renewable energy. clean energy electricity and several other efforts.

Brexatom and its legal consequences

The article provides information about the legal consequences of Brexatom after the entry into force on January 1, 2021 of the Agreement between the government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for cooperation on the safe and peaceful uses of nuclear energy. After the signing of the international agreement, a new stage of relations began for the Euratom and the UK, based on the provisions of international law and the IAEA’s “soft law” norms; although the peculiarity is that, the Parties recognized the four freedoms of internal nuclear common market of the EU. At the same time, the norms of English case law and EU law also formed the basis of bilateral relations between the UK and Euratom. Settling topical legal issues such as export controls, physical protection, nuclear safety, nuclear safeguards, enrichment, reprocessing, trade, procurement of equipment and devices, supply of nuclear material, nuclear transfers, the Euratom and the UK laid the basis law for further bilateral cooperation on nuclear research and development, exchange of information and technical expertise on matters within peaceful uses of nuclear energy. However, the UK maintains its participation in a number of European programs and projects. The European Commission and the Euratom began to rebuild the legal system for the supply of nuclear materials and to make changes to the work of the European nuclear fuel cycle. Further development of relations between the Great Britain and the Euratom will depend on London’s position and interests in the world nuclear market. If there is a clash of British interests for the European nuclear market with the companies of France, the USA, China and Russia, then this will lead to the legal regulation of bilateral relations between England and Euratom only based on international law.

Potential threats to the use of genetic technologies and legal ways to resolve them

The object of the study is public relations in the field of the use of genetic technologies and their impact on human and civil rights and freedoms, ensuring the security of society and the state. The subject of the study is the provisions of international law, the legislation of the Russian Federation in the field under consideration, the norms of Russian and international law in the field of criminal law protection of relations that may be jeopardized by the use of genomic technologies. The authors draw attention to the fact that the existing legal system does not fully solve the tasks of ensuring the security of human and civil rights and freedoms, society, the state, environmental protection from dangerous encroachments using advances in the field of genetics. The results of the study are based on formal logical and general scientific methods of scientific cognition, a systematic approach. In addition, private scientific methods: formal legal, comparative legal method of legal interpretation. The main conclusions of the study are the following provisions. Potential threats that pose a danger to human life and health, ensuring the safety of society and the environment have been identified. Potential risks may arise in the field of human genetic research, genome editing technologies of various organisms, illegal collection and use of genetic information about a person, the threat of the development and use of genetic weapons as a type of biological weapon, in the field of regulating the activities of DNA laboratories, the use of genetic material for cloning and the use of human embryonic material. As a solution, it is proposed to use the positive foreign experience indicated in the work, the ideas of domestic authors and also the author's proposals for improving the legal regulation of the sphere in question. The novelty of the study lies in the fact that actual and potential risks are identified that pose a serious danger not only to individuals, but also to society as a whole. Legal solutions for their elimination are proposed.

Trgovina ljudima u okviru sistema međunarodnog usvojenja - (ne)rešiv problem?

The article explores the relationship between human trafficking and international adoption from the perspective of international (criminal) law. The article aims to indicate the specific position of international adoptions in relation to human traffic-king. To accomplish this goal, the article provides a review of relevant literature on this subject matter, including the views of authors who examined this relationship, with specific reference to current international documents in the field of human trafficking and international adoptions. The inadequate international documents on this matter and the authors' insufficent commitment to exploring this issue more thoroughly have generated different and often contradictory standpoints, and ultimately resulted in diverse and fairly liberal interpretation of certain international law provisions. The literature review allows us to observe the diversity of those views and the lack of common agreement among the authors, particularly on the basic concepts, which is one of the major hindrances in exploring this relationship. In the end, the author of this article suggest that an adequate solution may be the re-examination and reform of international law in the area of human trafficking and international adoptions, which would entail amending and supplementing the existing provisions or regulating illicit intercountry adoptions in a separate international document.

ENVIRONMENTAL POLITICS AND ENVIRONMENTAL RIGHTS IN NIGERIA: PREFERENCE FOR ECONOMIC GAINS THAN PREVENTION OF GENOCIDE IN THE NIGER DELTA

Environmental politics includes the choices the leaders had to make on the gains from environmental resources exploitation and the preservation of those resources for the future generations; as well as their decision and policies on the protection of the human environment and its remediation in occasions of pollutions. The basic requirements for the enforcement of environmental rights and claims in Nigeria had not been understood by the many lays and jurists alike. The Courts are making it difficult for a robust jurisprudence in the field of enforcement especially when the politics of economic gains are preferred to the prevention of genocide by the executive arm of the federal government. The fears of the collapse of the nation’s economy which is largely dependent on oil and gas top priority in the debate for environmental protection against the gains of exploration and exploitation of oil and gas in the Niger Delta region of Nigeria. This paper discussed Environmental politics involves the evolution of environmental movement and parties; public policies analysis on environment at all levels of governance: individuals, local, national and international; ideas generated by the various movement and organisations; and, salient environmental issues. It tends to balance the activities of government with environmental policies available against conservation, protection and remediation issues as raised by environmental movements and organisations. The primary concerns for environmental politics are: the irreversibility or diminution of the earth’s life support systems; the consequences of development: ever-increasing need for materials and non-renewable energy sources as means of satisfying public needs or resolving (and or avoiding) conflicts; and, the injustice of uneven distribution of environmental benefits and harm. It examined how sections 104 (1) & 107 of the Petroleum Industry Act 2021 and section 3 of the Associated Gas Re-Injection Act 1979 (for the yet to be converted licence or lease tenures) on one hand are genocidal to the Niger Delta environment and, whether the right to life includes right to unpolluted environment. Critical detailed analyses of municipal and international law provisions on safe environment were examined. The findings of this paper were that development can thrive in line with nature and economic development goals with flare permits on our petroleum laws.

On the question of the responsibility of states for the implementation of the provisions of international humanitarian law

On the question of the responsibility of states for the implementation of the provisions of international humanitarian law

Prilog raspravi o pravu Evropske unije kao samostalnom pravnom režimu

As the process of fragmentation of international public law has enabled the formation of numerous legal regimes, the question of the qualification of the legal order of the European Union (EU) arises. For a long time, it was not percieved as an self-contained regime. The classification contained in the International Law Commission's Report "Fragmentation of International Law: Difficulties arising from Diversification and Dissemination of International Law" indirectly contributed to such qualification. This Report classifies the EU legal order within the section on regionalization, thus relativizing it by reducing it to the cooperation of states determined only by geographical criteria. Although indisputable, the geographical criterion is of secondary value to a number of other arguments that take into account its qualitative dimension. Thus, the paper raises the key question of whether the EU legal order has reached such a level of development and quality that it can be considered a self-contained legal regime. Searching for answers to the research question, the paper analyzes arguments pro et contra. Arguments against the notion of the EU legal order as a self-contained legal regime relate to the omnipresence of general international public law, which necessarily implies the connection of the specialized EU law with general international law. In addition, the arguments on the origin, subjects and the manner of creating EU law are emphasized because they are inseparable from international law, for which reason it is denied the characteristic of independence. The emphasis on these arguments supports the thesis that EU law is and remains only a subsystem of international law, which would be especially visible in case of inadequate regulation of state responsibility in EU law. In such situations, it would be necessary to resort to the provisions of international public law (so-called fall-back). In contrast, arguments in favor of the independence of the EU legal order are analyzed and emphasized. Without denying the fact that the EU legal order evolved from international public law, that it represented a nasciturus within it, that it was based on an international treaty, and that the EU itself represents an international organization, we must also accept the facts pertaining to its decades-long evolutionary development and a constantly increasing degree of autonomy from general international public law, which has been confirmed and supported by case law and attitudes from the legal doctrine. In addition, the specific way of filling legal gaps with solutions from EU law itself, rather than by applying the logic of the fall-back system, speaks in favor of the autonomy of the EU legal order. All of this points to the exceptional and unique nature of the EU legal order, and its comprehensive framework. Therefore, even if there were arguments in favor of imperfection and incompleteness of the EU legal order, its dynamic development leads us to the conclusion that nowadays it is at such a developmental and qualitative stage that it should be recognized as a self-contained legal regime.

Bezpieczeństwo Rzeczypospolitej Polskiej w kontekście sytuacji na granicy polsko-białoruskiej w okresie sierpień-grudzień 2021 roku – możliwości prawne i podjęte działania

The purpose of the research conducted for the purposes of this article was to evaluate the actions taken by the Polish authorities to combat attempts of mass, undocumented migration across the Polish-Belarusian border in August-December 2021 in the context of using the provisions of national and international law, including the protection of foreigners international. In the research process, the method of source analysis was used, and in it the technique of analyzing the content of Polish and international legal acts related to migration issues. Based on the conducted research, it should be stated that the actions taken by Polish public authorities, including the use of legal possibilities, allowed in the analyzed period to effectively counteract potential security threats resulting from undocumented migration across the border with Belarus.

LEGAL PROTECTION OF JOURNALISTS DURING INTERNATIONAL ARMED CONFLICTS

The article is devoted to the analysis of the peculiarities of the legal status of journalists during international armed conflicts. It is emphasized that representatives of mass media who are on dangerous business trips belong to the category of civilians and enjoy the protection of international humanitarian law under the conditions, if they do not participate in military operations, with the exception of accredited military correspondents, who have a special legal status during coverage acts of military aggression. It is emphasized that the modern concept of "journalist" includes not only employees of traditional mass media, such as television, radio broadcasting, print media, as well as news agencies, but also the so-called new media: journalists of online media, bloggers, freelancers, employees of media communities, public activists and other media participants who communicate publicly with their audience Modern international humanitarian law does not provide for the presence of special means of protection for journalists, although the presence of a certificate or a special badge of a press representative, recommended to journalists by humanitarian organizations, can be considered conditionally as such. Loss of international legal protection by a journalist is possible under the conditions of approaching the place of active hostilities, as well as being inside a military formation, when the enemy has no opportunity to distinguish a combatant from a civilian or a journalist. It is emphasized the importance of further work on the preparation of the Convention on the Protection of Journalists during Armed Conflicts, as well as improving the mechanisms of control over compliance with the current provisions of international humanitarian law through the efforts of the professional journalistic society and international human rights organizations.

Противодействие организации незаконной миграции в Российской Федерации: новый вектор развития уголовного законодательства

The aim of the research is to address the problem of regulation and implementation of criminal responsibility for illegal migration organisation and to determine, on this basis, the course of action to enhance Article 3221 of the Criminal Code of the Russian Federation containing the corpus delicti and its application in practice. The problem is the absence of the necessary coherence of Article 3221 of the Criminal Code of the Russian Federation with the international law provisions aimed at illegal migration organisation countering. Alongside this challenge, there is another one: of inadequate legal certainty of this criminal legal norm disposition, which complicates its uniform interpretation and further practical application in allowing for competition with the articles of the Code of Administrative Offences of the Russian Federation, establishing liability for related criminal acts. The general dialectical method of enquiry, general scientific and specific scientific methods, including the comparative legal method, the method of statistical analysis and the method of legal modelling are used in this article to address the issue. As a result of the conducted research, the authors conclude that the existing approach to improving the legislative framework and practice of countering the organisation of illegal migration in the Russian Federation needs to be changed. More specifically, given the need to harmonise Russian and international legislation in this field, the authors propose to complement the mental element of the corpus delicti of the irregular migration organisation with an indication of the mandatory aim in the form of the perpetrator's desire to obtain, directly or indirectly, financial or other material benefit. As a result, this criminal law prohibition will be aligned with the provisions of Paragraph 1 and Article 6 (2)(c) of the Protocol against the Smuggling of Migrants by Land, Sea and Air. Furthermore, this research substantiates the need to specify the disposition of Article 3221 of the Criminal Code of the Russian Federation in terms of the content of actions that comprise the illegal migration organisation actus reus and to mark which specific types of migration legislation violations constitute the crime, as well as to explicitly indicate that this criminal law norm shall be applied, if the act is not covered by Art. 322, Art. 3222 or Art. 3223 of the RF Criminal Code. Based on administrative and criminal legislation analysis, the authors argue for the deletion of criminal liability for a single violation of migration legislation, including for organizing a foreign citizen's or a stateless person's irregular migration committed by a person who is not subject to an administrative penalty for a misdemeanor in the migration field. Thus, the authors underline the need of systematic cross-sectoral changes in the current migration legislation.

Humanitarnyi dostup pid chas zbroinykh konfliktiv

The article analyses the right to humanitarian access, which finds its expression in humanitarian aid and protection during armed conflicts in accordance with the norms of International Humanitarian Law. The basics of humanitarian access activities are determined. Mechanisms for ensuring and supporting effective humanitarian access as a result of collective action and efforts of humanitarian actors are considered. The article reaffirms that the provision of humanitarian assistance is the responsibility of all parties to an armed conflict in accordance with International Humanitarian Law. International Humanitarian Law is a constant of legal norms that must be applied by all parties to an armed conflict. Determinant in this definition is the presence of armed conflict, not the «humanitarian» component. Authors of the article emphasize that the axiom of International Humanitarian Law is the protection of war victims, which corresponds to the key principle of humanity. Access standards are reflected in the four Geneva Conventions for the Protection of Victims of War of 1949 and the two Additional Protocols to the Geneva Conventions of 1977. Unless a State or other party to an armed conflict is a party to a treaty, customary International Humanitarian Law operate in parallel with contractual rules. Humanitarian protection is designed to protect and restore human rights, which is based on the provisions of international human rights law and forms the basis of fundamental human rights and freedoms. The provisions of international criminal law, in particular the 1998 Rome Statute of the International Criminal Court are strengthens humanitarian access. The article argues that addressing issues such as the accreditation of humanitarian missions, the humanitarian aid coordination system and overcoming regulatory gaps will address the current challenges of humanitarian access in armed conflict mainly due to the difficulties of interaction of international humanitarian missions with the warring parties. The authors of the article confirmed that the violation of the right to humanitarian access poses a threat to peace and security in the world.

INSTRUMENTS OF INTERNATIONAL LAW THAT FORM MINIMUM WAGE STANDARD

The topic of the article is the analysis of the instruments of international law that determine the minimum wage standard. Author points out the conventions of the International Labour Organization Nos. 26, 99 and 131 that directly refer to minimum wage. In author’s opinion, international standard of minimum wage is also indirectly formed by other instruments of the International Labour Organization that concern broadly understood workers’ rights. In this context the legal instruments on collective bargainings, prohibition of discrimination in employment, tripartite consultations, labour inspection and wage protection should be indicated. Author is of the opinion that provisions of international law, taken together, require Member States to undertake comprehensive actions aimed at safeguarding minimum wage in practice