Ratification Of International Treaties Research Articles

Group bargaining: A model of international treaty ratification

We consider non-cooperative bargaining over a fixed surplus between two groups that may differ in size and the supermajority threshold they employ for within-group ratification. We find that total allocation to a group does not depend on group size and increases with the supermajority threshold. We use the Gini coefficient to study within-group inequality as an outcome of interest and find that inequality increases with group size and decreases with the supermajority threshold. Finally, we study delegation by concentrating the ability to influence proposals within a subset of group members. Delegation to a subgroup decreases the group's total allocation because non-delegates accept lower allocations. Inequality is higher if delegation is employed, and it is decreasing in the size of the delegate committee.

Gender-based violence and femicide interventions-perspectives from community members and activists in South Africa.

Globally, Gender-Based Violence and Femicide (GBVF) remains a multifaceted social issue in the 21st century. Despite the ratification of international treaties and national laws, South Africa continues to have alarmingly high levels of GBVF, which were worsened during the Covid-19 national lockdown. The 2020 crime statistics reported that one in five South African women were victims of GBVF and South African Police Services (SAPS) data from 2015 to 2020 showed that seven women are killed daily nationwide. Despite copious studies on GBVF, the voices of local community members and activists as key collaborators in such research have been excluded. Therefore, this study used a mixed methods approach to determine the known interventions to decrease or eliminate GBVF and their effectiveness in seven communities across South Africa. The study included 191 participants in a survey for the quantitative aspect as well as a qualitative aspect of the study. Community members participated in gender-specific focus group discussions, while activists had a focus group of their own to obtain data on interventions. Our findings showed that three main forms of interventions existed in South Africa, viz. government-led campaigns that normally occurred during the 16 days of activism against violence towards women and children, community-led campaigns in response to GBVF cases reported in the media as well as NGO-led initiatives to support GBV survivors. However, these interventions were stifled by the social and cultural stigma against reporting GBVF, a lack of sustainability, decreased visibility, poor organisation and management as well as a lack of funding. Therefore, our findings show that while the South African government has made strides in its efforts to eliminate GBVF, there are no sustainable community level programming and interventions aimed at changing social norms and toxic masculinity that perpetuate GBVF. In conclusion, we recommend that efforts be made to implement intervention initiatives that go beyond creating awareness on GBVF, but partner with local NGO-led organizations to engage in programming and intervention that is aimed at changing social norms.

Diplomatiya i «myagkaya sila» v strategii Rossii v BRIKS: ot istoricheskih svyazej k sovremennym vyzovam

This article examines the role of the Russian Federation in the strategic alliance of BRICS with a focus on the usage of diplomacy and “soft power” as the key elements of foreign policy. The author analyzes historical ties and modern challenges that Russia faces in the context of international interaction within BRICS, emphasizing its significant role in shaping a new multipolar world order. Special attention is given to Russia's strategy aimed at strengthening its international status and expanding influence through the ratification of international treaties and agreements, as well as active participation in the resolution of global conflicts and support of peacekeeping initiatives. The article highlights the importance of “soft power” and diplomacy in achieving strategic goals for Russia and other BRICS countries in the context of the emerging polycentric international system.

ОРГАНІЗАЦІЙНО-ПРАВОВИЙ МЕХАНІЗМ ЗАБЕЗПЕЧЕННЯ КІБЕРБЕЗПЕКИ СОЦІАЛЬНО-ЕКОНОМІЧНИХ СИСТЕМ В УМОВАХ ВИКЛИКІВ СУЧАСНОСТІ

Communication in cyberspace with the use of digital technologies reflects a global trend and more effective implementation of social relations in general, and in the business sector in particular. The use of digital technologies in business significantly accelerates the exchange of various information, which increases the efficiency of business processes, in particular through the use of digital marketing, online platforms for negotiations, transactions, etc. At the same time the digital world has another side, which conceals a number of threats to businesses and their owners. Digitalization is the formation of a sustainable communication system using digital technologies and cyberspace. Therefore the integration of physical and virtual environments creates preconditions for the emergence of threats, which are mostly concentrated in cyberspace. Ensuring the security of cyberspace in the face of today’s challenges is a highly relevant and at the same time complex issue that requires a comprehensive approach. The article outlines the construct of the organizational and legal mechanism which regulates the organization of the process of ensuring cybersecurity of socio-economic systems in the legal field and highlights the main theses which reflect the essence of its functioning. It has been noted that the purpose of the organizational and legal mechanism for ensuring cybersecurity is to organize the process of cyberspace protection through the use of the regulatory framework as a regulatory instrument and effective management of an economic entity’s resources. It has been suggested to base the formation of an effective organizational and legal mechanism on the idea of creating a global cyber security system as a guarantee of civilization development in the conditions of the latest technologies. It has been established that process of protecting cyberspace is carried out with the help of human and financial resources. Training of cybersecurity specialists is an extremely important component of the process of ensuring cybersecurity of socio-economic systems, since a high level of cyber specialist qualification increases the ability of society to withstand cyber threats. At the same time, ensuring the process of cyber specialists training and forming the necessary material and technical base for cyberspace protection require sufficient financial resources. In this context, the issue of state funding for strategic cyberspace defense programs is important. It has been suggested to carry out international cooperation within the framework of cyber defense which involves ratification of international treaties in the field of cybersecurity, implementation of certain (effective) international legal norms into the national legislation of Ukraine.

Advancing Democratic Engagement in Indonesia's Treaty Ratification Process

This study explores the application of the 'meaningful participation' principle in the formation of laws ratifying international agreements in Indonesia, with a focus on social, economic, and environmental sectors. The research adopts a normative legal methodology, utilizing statutory and conceptual approaches to analyze relevant legislation, court decisions, and academic literature. The findings reveal a significant imbalance in public participation in the ratification process, primarily characterized by a top-down approach with minimal substantive dialogue with affected community groups. Despite constitutional provisions allowing the President to establish agreements without ratification, meaningful public participation in legislative and ratification processes remains limited. The study emphasizes the need for open public consultations, active involvement of non-governmental organizations, and private sector engagement to achieve policies that reflect the comprehensive interests and aspirations of the populace. It highlights the importance of community involvement, transparency, economic-environmental balance, and inclusive approaches in influencing meaningful participation levels. The research calls for recommendations to the Government and Parliament to foster more qualitative and significant public participation in the ratification process, aligning Indonesia with international principles of meaningful participation in social, economic, and environmental law. This approach is crucial for Indonesia, as the world's third-largest democracy, to promote meaningful public participation in policy-making, especially in ratifying international agreements impacting the broader society.
 Highlights:
 
 Imbalanced Participation: Dominance of a top-down approach with minimal public dialogue in treaty ratification.
 NGOs and Private Sector: Essential roles in representing diverse societal interests in legislative processes.
 Legal and Democratic Alignment: Need for transparent and inclusive law-making, balancing economic and environmental aspects.
 
 Keywords: Meaningful Participation, International Treaty Ratification, Public Involvement, Legislative Process, Indonesian Democracy

Geopolitics and norms: Latin America and the international human rights regime

AbstractThis article compares data on political regimes, international treaty ratification, and criminal indicators at the regional level to claim that Latin American countries are in a unique situation in the international system. Compared to other Global South regions, North America, and Europe, Latin America is a democratic region with the highest formal commitment to the international human rights regime yet has the highest levels of criminal activity. Other predominantly democratic regions do not experience the same problems related to criminal governance, such as state vulnerability and displaced populations. In addition, other regions where authoritarian regimes are the majority do not pretend to align with the principles of the international liberal order (ILO) as much as Latin America does. To explain this situation in the current context of challenges to the ILO, this article proposes the concept of geopolitics of norms to illustrate a dynamic in which nonmaterial factors such as identity explain norm adoption and adaptation in the region. We look at regional organizations and the adaptation of liberal human security principles to illustrate our point.

International Organizations and Gender Parity in Education: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)1

This study is a novel contribution to the literature regarding the influence of UNs Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) on women’s relative progress in education. We create a unique data set by focusing on 190 UN countries for the period 1980–2018and utilize pooled cross-sectional OLS and Panel Fixed effects models to study the impact of the various aspects of the ratification of the convention. We focus on Female to Male Primary Enrollment ratio (PrimaryFM), Gross Secondary Gender Parity Index (SecondaryGPI), and Gross Tertiary Gender Parity Index (TertiaryGPI). We find a positive relationship between various aspects of CEDAW ratification and progress in educational outcomes for women. Policymakers should focus not only on the ratification of international treaties, but also on all facets of ratification, such as closer adherence to treaties as evidenced by consistent behavior and implementation of changes, which in turn paints a more complete picture.

Кримінальна відповідальність за використання малолітнього мігранта для заняття жебрацтвом: національне та міжнародне законодавство

One of the key principles of the national foreign policy is to ensure Ukraine’s integration into the European political, economic and legal space with the aim of gaining membership in the European Union. This integration is of great importance for the development of the country, improving its economy, strengthening democracy and ensuring human rights. Ratification of international treaties and adoption of laws contribute to creating a legal basis for reforms and solving problems, in particular in the field of human trafficking. Conflict and war often lead to a significant increase in the risk of human trafficking, as they create a complex situation in which people can become vulnerable to trafficking and exploitation, which takes many forms. Therefore, the possibility of access to the labour market in European countries can really reduce the risk of their potential participation in human trafficking, while it is important to ensure adequate protection and support for refugees and migrants. According to a recent analysis by UNICEF and the United Nations Coordination Group of Agencies Against Trafficking in Persons (ICAT), 28% of identified victims of human trafficking worldwide are children. With regard to Ukraine, UNICEF’s child protection experts believe that children are likely to constitute an even greater proportion of potential victims of trafficking, 34% that they represent more than half of all refugees who have left the country to date. In the conditions of the formation of Ukraine as a legal state, the problems of child vagrancy and begging, as well as the involvement of children in anti-social and criminal activities, are particularly relevant. At the same time, the will, honour and dignity of the child, as well as his health, suffer the most. Modern society should pay more attention to the issue of protecting the child from the negative influence not only of others, but also of adults. State institutions and the public are obliged to actively develop preventive measures in order to prevent this negative phenomenon. As mentioned above, the field of crime prevention related to the use of a minor child for begging requires scientists to study not only the domestic experience of preventing such crimes, but also the analysis of effective foreign practices to overcome such a negative phenomenon as begging and the use of children for begging. According to the Office of the International Organization for Migration (IOM) – the UN Agency for Migration in Ukraine, over 30 years, about 300,000 people have suffered from human trafficking in Ukraine. The key aspects related to the use of a minor child for begging in conditions of mass forced displacement of the population are outlined in this study, as well as the basic principles of solving this problem in both national and international legislation can become directions of scientific research aimed at the formation of effective strategies. Key words: war; migration; migrant; refugees; human trafficking; criminal responsibility; minors; begging

Introducing the International Treaty Ratification Votes Database

AbstractThis research note introduces the International Treaty Ratification Votes Database, which covers more than 6,000 votes on the ratification of international treaties in Canada, Finland, France, Germany, Italy, Slovakia, Spain, Turkey, the United Kingdom, and the United States between 1990 and 2019. In addition, the database presents data on the voting behavior of ninety parties in eight of these countries, resulting in more than 11,000 party observations. The research note presents the two datasets with their two units of analysis, the parliamentary and the party level, and describes the main variables, reaching from descriptive vote and cabinet data to issue areas, comparative party family classifications, and actual voting records. Furthermore, we suggest avenues for using the data for future research on the domestic politics of foreign policy: Our data can be used to study patterns in the politicization of international treaties and organizations, ratification delays, legislative–executive relations, the party politics of foreign policy making, and the crisis of the liberal international order.

Idiotic or Columbo’s Wife? Constitutional Conventions in the Czech Republic

Academics usually look for constitutional conventions in Westminster-style democracies, such as the United Kingdom, Canada, or Australia. Nevertheless, growing evidence from practice shows that constitutional conventions are similarly essential attributes of even substantially different political regimes. This article is the first paper to systematically deal with constitutional conventions in the Czech Republic. To be more specific, I identify eight existing constitutional conventions there: (1) respect for the parliamentary majority, (2) institution of a formateur, (3) simultaneous existence of two prime ministers, (4) new cabinet’s statement of policy, (5) delegation of negotiation and ratification of international treaties, (6) appointment of a (vice-)governor of the Czech National Bank without a countersignature, (7) missing signature of the president under laws, and (8) single vice-chairperson of the Supreme Court. On one hand, the scrutiny shows that constitutional conventions play an already established and important role even in a Central European democracy. On the other hand, the lack of political respect for unwritten rules and the relative immaturity of Czech democracy confirm that constitutional conventions are as fragile (or as strong) as political actors allow. Thanks to these facts, the study of constitutional conventions in the post-communist country is a precious laboratory with universal findings even for long-existing democracies.

Ratification of International Treaties Under the Polish Law

Autor artykułu wychodzi z podstawowego założenia, że ratyfikacja traktatów międzynarodowych ma dualną postać. Z jednej strony ‒ jest ona aktem prawa międzynarodowego, uregulowanym w przepisach tego prawa i wywołującym skutki międzynarodowe, z drugiej strony ‒ ratyfikacja jest czynnością prawa krajowego państwa będącego stroną traktatu, uregulowaną w prawie wewnętrznym, najczęściej mającym rangę konstytucji. Niemniej artykuł koncentruje się na wewnątrzkrajowych procedurach ratyfikacji, uwzględniając kontekst obowiązującej Konstytucji Rzeczypospolitej Polskiej. W tym celu autor komentuje generalne zakotwiczenie tematyki prawa międzynarodowego w Konstytucji, a następnie przechodzi do różnych trybów ratyfikacji traktatów międzynarodowych. Przedstawiono w związku z tym tzw. ratyfikację prostą (małą), ratyfikację dużą (wymagającą zgody parlamentu wyrażonej w formie ustawy) orz ratyfikację szczególną, związaną z traktatami, przekazującymi część kompetencji na rzecz organizacji międzynarodowych.

Piecing the Puzzle—Women and Freedom of Religion or Belief

Despite the normative integration between freedom of religion or belief (FoRB) and women’s rights, the misperception that women’s rights and FoRB are clashing rights persists. This is compounded by the extensive religiously phrased reservations by States upon ratification of international treaties that amplify this misperception that FoRB serves to restrict women’s rights. The correctives to these misperceptions lie in reflecting upon the universality, indivisibility, interdependence and interrelatedness of all human rights norms (see the 1993 Vienna Declaration and Program of Action, article 1.5). They also lie in the realization that FoRB is a right like any other. FoRB is neither a right of “religion” as such nor an instrument for support of religiously phrased reservations and limitations on women’s rights.

Особливості парламентського контролю над виконавчою владою в Іспанії

The article analyzes the parliamentary control over the executive branch in Spain. The exercise of the control function by the parliament is one of the most important components of its activity. The main purpose of parliamentary control is to identify key problems in the activities of state bodies, increase the efficiency of the public administration system and draw the attention of relevant state bodies and officials to the shortcomings identified during parliamentary control in order to eliminate them. The main procedures of the Spanish parliament are legislative activity, parliamentary control over the activities of the executive branch, ratification of international treaties, the appointment of national referendums and some others. A study of Spanish constitutional practice and national legislation on the interaction of the legislative and executive branches of government confirms that the mechanism for reviewing the Government’s activities includes two main elements: parliamentary control and the requirement of political accountability of the Government. Parliamentary control is the responsibility of the General Cortes, both chambers, while the requirement of political responsibility is limited to the Congress of Deputies. The lower house of parliament plays a more important role in this process, as it can only implement the requirement of political accountability of the Government. However, the Senate, excluded from the latter, may also exercise control over the Government, using in this case the full range of means provided for in the Spanish constitutional system.

Navigating the Tensions: Women’s Rights, Religion and Freedom of Religion or Belief

Abstract Despite the normative integration between freedom of religion or belief (FORB) and women’s equality, these synergies are difficult to discern and there is a common misperception that women’s rights to equality and FORB are clashing rights. This is compounded by the extensive religiously phrased reservations by states upon ratification of international treaties that amplify this misperception that FORB serves to restrict women’s rights to equality. The advocacy groups supporting these rights, and also their normative sources in international human rights law instruments, are largely distinct. However, general non-discrimination provisions do address both, and General Comment no. 28 captures both rights holistically. The correctives to these misperceptions lie in reflecting upon the universality, indivisibility, interdependence, and interrelatedness of all human rights norms. They also lie in the realization that FORB is a right like any other. FORB is neither a right of “religion” as such nor an instrument for support of religiously phrased reservations and limitations on women’s rights to equality. This is particularly the case with harmful practices, as elaborated in the joint general recommendation/General Comment no. 31 of the Committee on the Elimination of All Forms of Discrimination against Women and no. 18 of the Committee on the Rights of the Child however, the core principles also extend to other infringements of women’s rights to equality. It is essential to (re)vitalize the synergies between FORB and women’s equality in order to advance each of these rights, to be able to address overlapping rights concerns, and to adequately acknowledge intersectional claims. Furthermore, the relevant advocacy groups and human rights mechanisms need to give further attention to this as a priority matter.

Functional interaction between public bodies

This paper examines the constitutional approaches accepted in the Central African countries regarding the formalization of interaction between the chambers of parliaments. The study found that all constitutional texts of the considered group of countries as a universal (typical) form of interaction between the chambers of parliament consolidate the adoption of legislative acts; joint meetings (on the taking of their oath by the heads of states or members of the Constitutional Court, making a decision on the introduction of a state of emergency or siege in the country, dismissing the head of state, appointing officials, etc.); the formation of joint commissions and supreme bodies of state power, and the appointment of officials. It was noted that despite the "constitutional equality" of the chambers in terms of introducing bills, financial bills are submitted exclusively to the lower chamber of parliament. The ratification of international treaties by the chambers of parliament (Gabon, Congo) is classified as an atypical (specific) form of interaction between the chambers of parliaments.

The urgency of the constitutional preview of law on the ratification of international treaty by the Constitutional Court in Indonesia

The debate regarding the possibility of the Law on the Ratification of International Treaty that can be reviewed always raises pros and cons. With normative research methodology, this research examines the urgency of a constitutional preview of the Law on the Ratification of International Treaty by the Constitutional Court in Indonesia. The importance of the law on the results of international treaty ratification to be tested is to ensure that its substance does not contradict the 1945 Constitution of the Republic of Indonesia. The involvement of the Constitutional Court in conducting a constitutional preview before the parliament will provides the Court's opinion regarding the constitutionality of international agreements can be taken into consideration for the parliament to provide approval or not against international treaties that will be ratified by law.

Historical development of administrative responsibility for bullying (harassment) in Ukraine

The article examines the historical development of administrative liability for bullying in Ukraine. The historical and legal literature on the genesis of administrative responsibility for violence against children, including bullying, is considered and analyzed. It has been established that child abuse has been present in all historical times, but at certain intervals it was considered the norm and accepted by society as appropriate behavior. Attitudes toward chil-dren in primitive, slave-owning, and feudal societies were cruel. They were beaten, sacrificed, sold into slavery, or simply left to die. The legal norms were only of a “recommendatory” nature, and sanctions were not applied or were applied only in the case of the murder of a child. The situation of children in the XVIII-XIX centuries. improved, but limited to parental authority. During this period, administrative liability is applied to certain illegal acts against children. The period of the XX - XXI centuries. can be considered - the “century of recognition of childhood”, be-cause a number of regulations - legal acts, which confirmed that childhood - a priority value of the state. From 2018, Ukraine provides for administrative liability for bullying.
 By analyzing the source base, the historical periods of the genesis of administrative responsibility for bullying in Ukraine are highlighted, which is presented as follows:stage 1 - the 16th century initial (the rules of law governing the treatment of a child were of a recommendato-ry nature, and therefore liability for their violation was not provided).Stage 2 - XVII - XIX centuries weakening (weakening of abuse of the child, strengthening of its rights, however, in the specified period the responsibility for violence against the child, including bullying was not applied).Stage 3 - XX century. legislative (ratification of in-ternational treaties and the adoption by Ukraine of regulations governing and protecting the rights of the child; the introduction of administrative liability for violations of the rights of the latter).Stage 4 - XXI century. modernized (legislative consolidation of administrative responsibility for bullying in Ukraine).It is concluded that the history of mankind is permeated through the prism of cruelty to children and among them and emphasizes that there have always been ways to prevent this phenomenon and Ukraine has taken a big step towards combating bullying by introducing appropriate legal liability , including administrative.

THE DYNAMICS OF RATIFICATION ACTS OF INTERNATIONAL TREATY UNDER INDONESIAN LEGAL SYSTEM

The Ratification Act is a legal product that states Indonesia's commitment to an international treaty. The constitutionality of these laws has been tested before the Constitutional Court. In its decision, the Constitutional Court stated that the Ratification Acts is the object of judicial review as stipulated in article 24 C paragraph (1) of the 1945 Constitution. Even though there were two differences of opinion in the verdict on the ASEAN Charter Ratification Laws review, namely the Justice: Hamdan Zoelva and Maria Farida. The two judges categorized the Laws on the Ratification of International Treaties, not in the category of laws reviewed by the Constitutional Court. This decision explains the position of the Ratification Law in the Indonesian legal system and its future implications. This paper discusses the position of the Ratification Acts under the Indonesian legal system and the implications that will occur after the future Constitutional Court decisions on the development and relations of national law and international law. This writing uses secondary data and also primary, secondary, and tertiary legal material. This writing found the inconsistency of Indonesia in making ratification acts of International Law. It emerges that implication to the status of ratification acts. Moreover, The Constitutional Court decision tries to clarify ratification acts under the Indonesian legal system.

Constitutional experience in formalizing the spheres of interaction between the chambers of parliaments of the countries of the South African Region

This article presents the results of a comparative legal analysis of the constitutions of the countries of South Africa regarding the consolidation of the constitutional spheres of interaction of the chambers of parliaments in them. The study showed that the typical (universal) areas of interaction between the chambers of parliament include: the legislative sphere; the security sphere and the control sphere. The international sphere, which involves the interaction of the chamber of parliament on the ratification of international treaties (Eswatini, South Africa), is atypical for the states of the studied group of countries. We concluded during the study that the typical and atypical areas of interaction between the chambers of parliament in the South Africa reflect both the established practice and the independent approaches of states to the constitutional formalization of the joint powers of the chambers of parliament.

Zabrana trgovine ljudima pod okriljem ljudskih prava

The following work is dedicated to the consideration of the prohibition of human trafficking from the aspect of human rights. The initial thesis is that human trafficking cannot be reduced only to the criminal law aspect, but that by standardizing this prohibition within the constitutions and international treaties in the field of human rights, this institute is positioned hierarchically at the highest level of the legal order. In the first part of the paper, the legal framework is examined, primarily international law and then constitutional law. The second part analyzes the decisions of the European Court of Human Rights and the Constitutional Court of the Republic of Serbia. The analysis of courts` decisions was used as a basis for the theoretical formulation of the most important aspects of the prohibition of trafficking in human beings as a category of human rights. Special emphasis was placed on the consideration of the positive obligations of the states undertaken by the ratification of international treaties in the field of human rights and the matter of the fight against human trafficking.