Regional International Law Research Articles

The Principle of Self-Determination in the Context of Human Rights

The essay presents the issue of the principle of self-determination from the perspective of international human rights law. The author highlights the close relationship between the principle of self-determination and the principle of respect for human rights and fundamental freedoms. In practice, the principle of self-determination is a prerequisite for the effective guarantee of human rights, and, at the same time, guaranteed protection of human rights is a prerequisite for implementing the principle of national self determination. The author presents the issue of self-determination in the context of the basic regulations of international human rights law, considering regulations of both a ‘hard’ and ‘soft’ law character.

Architectural Accessibility of Historic Legacy: The Social Aspect and Design Prospects

Due to the necessity of eliminating civilizational backwardness, the contemporary discourse concerning the tradition and post-modernity is based on the assumption that the cultural environment is a part of an integrated system, and its function and form undergo changes in the course of a constant and complex process determined by the current economic, political as well as cultural circumstances. The recognition of the value of architectural monuments is an obvious fact, however, the idea of democratizing the legacy in the context of universal spatial design is a relatively new phenomenon. Adjusting the historic monuments to the needs of people with various limitations affecting their mobility and perception is less and less frequently considered in terms of oppression or arduousness. It has started to be perceived as a potential catalyser of positive changes. Architectural accessibility might contribute to popularizing the knowledge regarding the significance of historical legacy and provide the conditions for its sustainable development and stable subsistence. It is necessary to answer the question: can the cultural space along with the preserved throughout the history tradition of the absence of the excluded groups have a universal character, so that the conditions of using and experiencing this space by people with disabilities would not exceed their capacities.Owing to the fact that the application of universal design principles is practically more complex than the intuitive understanding of the concept itself, there is a need to continue multidirectional research taking into account methods for the real application of the assumptions underlying the ideas of social egalitarianism. The aim of the paper is adding new concepts to the debate on the roots of spatial discrimination and possibilities of counteracting this phenomenon by modifying the monuments, building complexes and historic places. The conclusions have been based on the analyses of international law regulations and available literature data, but, first of all, on the experience resulting from the cooperation with the people whose exploitation of the space environments is affected by various limitations and with the institutions through which they are organized. The dynamic and competent social and scientific dialogue concerning the issue of universality cannot be possible without the involvement of persons with disabilities.The article is a voice in the discussion on the common accessibility standards and it attempts to answer a question whether, due to the risk of degrading the original buildings tissue, the introduction of physical changes implied by the ongoing socio-cultural transformation should be limited or rather supported. The paper includes suggestions concerning harmless modifications and supplementing the existing building tissue with those elements which could play a role in creating optimal conditions for the inhabitants’ wellbeing and further socio-cultural development. The Author presents arguments supporting the statement that a proper understanding of the physical and mental needs of the users, professional experience as well as a proper level of awareness and empathy might open new possibilities to the designers, thus contributing to the effective reduction of the barriers existing in the space or even to their complete elimination.

A Comparative Study of Australia and Slovenia’s Private International Laws and the Application of Citizenship and Residence

This article shows that the transnational engagement of citizens between Australia and Slovenia, and other countries in not new. Slovenia and Australia have a long standing relationship that dates back to the late nineteenth century. This article compares the private international laws (PIL) of Australia and Slovenia, and the application of citizenship and residence. Transnational engagements in private activities such as marriage, founding a family and purchasing property in another country other than the citizen’s country of origin has been occurring for decades. Australia and Slovenia have taken a very different approach to the administration and regulation of private international law. The article attempts to address the differences taken by both states in developing their respective regulatory frameworks to regulate PIL matters. A key feature of Australia’s common law system is the responsibility of the judiciary to determine the choice of law. Australia, when compared to Slovenia has limited legislation specific to PIL. Slovenia has a single private international law act. Finally, this article will also highlight the difference between the common law and civil law principles of domicile and residence.

Interpretation of the Constitutional provisions relating to international law

The 1993 Constitution,1 for the first time in South African history accorded constitutional recognition to international law, thereby bringing an end to the debate on the status of international law in South African domestic law. This step was a symbolic break from the apartheid legal system, which was closely associated with the violation of international law and indicated to the international community that South Africa was willing to abide by internationally accepted rules. More important, however, for South African lawyers are the fundamental changes the constitutional regulation of international law introduced into South African law.
 
 The 1993 Constitution dealt with the conclusion of international agreements (sections 82(1)(i) and 231(2)), the status of international law in South African law (section 231(3) and (4)) and the role of international law in interpreting the chapter on fundamental rights (section 35(1)). These provisions were substantially taken over by the 1996 Constitution. The provisions relating to the entry into international agreements and the status thereof in terms of South African law are once again dealt with under section 231. The provisions on customary international law are dealt with separately under section 232. Section 233 deals with the role of international law in the interpretation of legislation, whilst section 39, the equivalent of section 35 of the 1993 Constitution, provides for international law in interpreting the Bill of Rights.

Analiza regulacji prawnych w zakresie wykorzystania GMO

ANALYSIS OF LEGAL REGULATIONS RELATIVE TO THE USE OF GMOSThe aim of this article is to present and analyse the regulation of international law, EU law and Polish law, related to GMOs. The most important moment for the creation of international regulations was the adoption of the Convention on Biological Diversity. Within the EU there are lots of directives and regulations to protect against the risks related to the use of GMOs. In Poland there is the lack of acomprehensive law in the field of genetic engineering, currently there are several acts adopted in the form of alaw, which relate to various aspects of GMOs.

ZAWARCIE ZWIĄZKU MAŁŻEŃSKIEGO PRZED KONSULEM (WYBRANE ZAGADNIENIA)

Contracting A Marriage before a Consul (Some Legal Aspects)SummaryThe possibility of being married before a consul has been created both by the regulations of international public law, particularly by the Vienna Convention on Consular Relations, as well as by the Polish law, including especially art 26 of the Act of the 13th Feb. 1984 on the Functions of a Consul of the Republic of Poland and art 1 § 4 of the Family and Guardianship Code as well as art. 60 of The Law on the Certificates of a Civil Status. These regulations entitle Polish citizens staying abroad to get married before a Polish consul. Nevertheless, they do not impose such a form of contracting a marriage.A man and a woman, who are Polish citizens staying abroad, can get married before a Polish consul or the other person designated to perform the functions of a consul. Such an opinion can be confirmed on the basis of current legal regulations. N obody doubted that art. 2 of the Family and Guardianship Code in its previous form confirmed that Polish citizens staying abroad could get married in accordance with lex loci celebrationis matrimonii being valid in the state of stay or before a Polish consul.It is always possible to choose between contracting a marriage according to the regulations of the state of stay before a local civil officer or before a consul. The only im portant condition for contracting a marriage before a consul is that it is not contrary to the laws of the state of stay of the people getting married.

A Pluralist Approach to the Law of International Sales

International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to differences in legal systems which act as a non-tariff barrier to trade. This article focuses on the private law framework regulating international contracts of sale. During the twentieth century, the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement. Because of gaps that exist in the CISG the Swiss government made a proposal for a new global contract law. But is this a feasible solution to the fragmentary state of international trade law? In Europe, signs of reluctance are setting in towards further harmonisation efforts. The Proposal for a Common European Sales Law (CESL) was recently withdrawn, and now Britain has voted to leave the European Union; rumour having it that more countries might follow. The current private law framework for international sales contracts consists of a hybrid system where international, national, state and non-state law function side by side. This article submits that universalism is not per se the most efficient approach to the regulation of international sales law and that economic forces require a more varied approach for business-to-business transactions. The biggest challenge, however, would be to manage global legal pluralism. It is concluded that contractual parties, the courts and arbitral tribunals can effectively manage pluralism on a case-by-case basis. 
 

Application of magnetic methods for assessment of soil restoration in the vicinity of metallurgical copper-processing plant in Bulgaria.

Copper ore mining and processing are among the most harmful anthropogenic influences for the environment and they are a subject of international and national law regulations. Recultivation of areas influenced by mining and processing industry is commonly applied and monitored in order to restore as much as possible the natural environment. In this study, environmental magnetic methods are applied in order to assess the degree of soil restoration in terms of soil development, after remediation of waste dump from Cu-processing plant. Soils developed under birch forest stands of different age (5, 15, and 25years) as well as raw waste material were sampled along depth down to 20-30cm. Variations in magnetic parameters and ratios obtained (magnetic susceptibility, frequency-dependent magnetic susceptibility, anhysteretic remanence (ARM), isothermal remanence (IRM), ARM/IRM100mT) suggest the presence of magnetic enhancement in the upper 0-15cm, the thickness of this layer varying depending on the age of the forest stand. Magnetic mineral responsible for this enhancement is of magnetite type, while waste material contains a large amount of hematite, as evidenced by coercivity analysis of IRM acquisition curves and thermal demagnetization of composite IRM. Magnetic grain-sized proxy parameters suggest that magnetite particles are coarser, magnetically stable, while no or minor amount of superparamagnetic grains were detected at room temperature. A well-defined linear regression between the topsoil magnetic susceptibility and the approximate age of the forest stand provides an indication that the magnetic enhancement is of pedogenic origin. It is concluded that the observed magnetic enhancement of recultivated soils studied is linked to a combined effect of pedogenic contribution and possible additions of industrial ashes as a liming agent for soil restoration.

ДОГОВІРНЕ СПАДКУВАННЯ В МІЖНАРОДНОМУ ПРИВАТНОМУ ПРАВІ

The scientific article raises the issue of contractual inheritance regulation in private international law. Inheritance is defined as a guarantee of human property rights on the legal basis of many countries in the world, as an important institution of law which requires additional research due to foreign element complications. The article contains examples of how countries define and regulate this issue differently at the legislative level. The views of scientists have been considered and the concept of "inheritance statute" has been formed, which is characterized by its multifaceted composition. To determine it in international practice two approaches are used, which depend on the nature of the property, whether it is movable or immovable. Spain and Quebec have been analyzed as representatives of the application of different approaches. It has been emphasized that the inheritance of real estate is more understandable in contrast to the inheritance of movable property, which is complicated by different mechanisms of state regulation. Hereditary and obligatory statutes have been considered and explained. The article draws attention to the problem of splitting the inheritance statute in private international law, which is common in nature, because it is due to the existence of several possible legal systems to regulate such legal relations. It has been pointed out that this issue is a kind of gap in the establishment of relations with a foreign element and, accordingly, necessarily requires detailed study and research, and as a consequence, the separation of contractual inheritance statute at the regulatory level. This need is primarily due to the fact that there are difficulties in establishing the governing law caused by several statutes and connecting factors, because the imperfection of the connecting mechanisms prevents the establishment of contractual inheritance at the appropriate level.

The Concept of Sexual Exploitation in International Law

Human sexual exploitation is a multifaceted and complex phenomenon, which is regulated by a number of enactments in international law The scale of organized criminal activity, which is more and more of transnational nature, has led to the signing and ratifying international conventions and agreements against sexual exploitation by most of the countries. This article provides an overview of the main international instruments of the United Nations, Council of Europe and the CIS, using the concept of sexual exploitation and regulating the features of its counteraction. Analyzing the concept of sexual exploitation, trafficking, prostitution, forms of sexual exploitation, as the principal international instruments, the author finds that the international legislator is equated with sexual exploitation trafficking in human beings, while the traffic can be not only a violation of the right to freedom of man to use his sexuality Critical evaluation is used for the controversial conceptual apparatus, the absence of a unified approach to the definition of key terms and a list of other forms of sexual exploitation, prostitution and pornography, which in the case of the implementation of international criminal law regulations may violate the uniformity in national law.

The place regulations of civil law and international criminal law in supporting cybernetic criminals /victims

فناوری اطلاعات نه‌تنها زندگی انسان را متحول ساخته است بلکه توانسته است «فضای» جدیدی‌ بنام فضای سایبری را ایجاد کند، فضای سایبری به واسطه عناصر تشکیل‌دهنده و ماهیت خاصی که دارد توانسته است ‌هم در خدمت انسان باشد و هم اینکه به‌عنوان ابزاری برای ارتکاب برخی از اعمال غیر قانونی باشد. فضای مجازی همچون فضای حقیقی‌، محلی را برای ارتکاب جرایم توسط بزهکاران فراهم آورده است و آن‌ها دیگر کنش‌گران حاضر در این فضا را مورد سوء‌استفاده قرار می‌دهند ماهیت گسترده و فرامرزی بودن این جرم باعث شده است تا از حیث مقابله با جرم سایبری وحمایت از بزه‌دیدگان آن تاکنون اقدام مؤثر‌ی از سوی کشورها صورت نپذیرد. لذا در این مقاله تلاش شده است با روش توصیفی و تحلیلی پس از جمع‌آوری و تبیین مقررات کیفری داخلی و بین‌المللی موجود و تحلیل آ‌ن‌ها با توجه به ضرورت حمایت از بزه‌دیدگان جرایم سایبری در عرصه داخلی و حقوق بین‌الملل چاره‌اندیشی مناسبی شناسایی و ارائه گردد. متأسفانه‌ قواعد موجود و سازوکارهای فعلی در چارچوب حقوق بین‌الملل و حقوق داخلی ‌کافی، مؤثر و رسا نمی‌باشند‌. و در عرصه بین‌المللی می‌توان با ‌ایجاد اجماع بین‌المللی نظیر تنظیم معاهده بین‌المللی ناظر بر فضای سایبری تشکیل پلیس بین‌المللی فضای سایبری‌، تشکیل دادگاه ویژه فضای سایبری و.... اقدام نمود و در حقوق داخلی دادگاه‌های ملی می‌توانند با توسل به اصول مختلف حاکم بر صلاحیت به ویژه اصل صلاحیت جهانی در حمایت از بزه‌دیدگان مؤثر باشند، کما اینکه‌ اصلاح قانون فعلی جرایم رایانه‌ای و آیین دادرسی جرایم رایانه‌ای کشورمان به شرح ایرادات و ابهاماتی که در این مقاله منعکس شده است، می‌تواند در این زمینه راهگشا ‌باشد‌.

The Role of International Law and Observance of Its Regulations on Countries Economic Development

<p>The significance of poverty consequences in contemporary social system and the role of economic development in consolidating the basis of international peace and security led to conduct a research on factors affecting the establishment of development. The question - on the one hand–is that: what's the role of International law in economic development and -on the other hand- what's the relationship between observance of regulations of international law by governments and their economic development? Based on the theory of the formation of international law mechanisms derived from it must reflect Humanity's collective demands and in concrete manifestation must found norms that ensure and deepen human rights in the International scope. However, since the governments are considered the first and the most important subject of international law, the achievements obtained by international law cannot be apart from the governments actions, so that national sovereignties normativism and observance of regulations of international law- in line with multiple characteristics necessary for achieving economic development- are pivotal factors in the economic development.</p>

What is International Law?

International law is a social historical legal tradition that emerged and spread over time to deal with matters between and across polities. This statement may appear obvious, but its full implications point to a thorough reconstruction of theoretical accounts of international law. Part I recounts how Bentham inadvertently created an enduring set of theoretical problems for international law. Part II describes international law as a social historical legal tradition, showing its European origins and diffusion with imperialism, and exposing three slants in international law. Part III broadens the lens to sketch the history of interaction between and across polities and how this has been managed. Part IV details contemporary efforts to deal with this interaction through organizations and transnational law and regulation. With this background in place, Part V elaborates a series of theoretical clarifications. First I unravel several confusions that result from construing state law and international law as parallel categories and conflating system with category. Then I explain why international law is a form of law, although not a unified hierarchical system. Contrary to common perceptions, furthermore, I show that state law and international law are not and have never been separate systems. Finally, I clarify the relationship between international law and transnational law and regulation. Aspects of this theoretical reconstruction may initially appear surprising, but they follow from the insight that international law is a social historical tradition.

THE INTERNATIONAL LEGAL REVIEW OF THE MANAGEMENT OF OIL AND GAS IN INDONESIA

Abstract This research aims to determine the regulations of international law and the national law on the management of oil and gas in Indonesia. This research was conducted in several related Institutions in Jakarta, such as the Ministry of Energy and Mineral Resources, Directorate general of Oil and Gas, Ministry of Foreign Affairs and Pertamina Jakarta. This research conducted field research method, to find out the primary data through interviews with several resources who have competent research above objects, also used literature research method to find out the secondary data through the documents related to the object of research. The implementation of the cooperation contract adopting the system of the national sovereignty, in the implementation, each country has a different forms according the development of the contract system of oil and gas. Keywords: Contract, Oil and Gas in Indonesia

Taxing Investments in the Asia-Pacific Region: The Importance of Cross-Border Taxation and Fiscal Incentives

This article investigates the taxation of investments in the Asia-Pacific region. The authors’ analysis is based on the methodology of Devereux and Griffith (1999 and 2003) for determining effective average tax rates. This approach allows us to account for important domestic and international tax regulations. The results presented in this article show that for the tax law of 2014, the overall dispersion of effective tax burdens in the Asia-Pacific region ranges from 10.6% in Hong Kong to 40.4% in India for domestic investments (an overall average of 23.4%). In 8 out of 19 jurisdictions covered, investments are, however, effectively taxed at a rate between 20% and 25%. For foreign direct investment, international tax law regulations have a significant impact on the overall tax burden. In any of the Asia-Pacific jurisdictions, foreign direct investments by a Singaporean or a German parent company are on average taxed at 29.2% and at 32.8% in the case of profit repatriation to the United States. Meanwhile, tax incentives for the stimulation of private investment reduce the effective average tax rate by 8.6 percentage points on average. Fiscal incentives targeted at investments in the high-technology sector or the development of specific geographic areas result in the lowest effective tax burdens.

APPLICATION OF EXTRATERRITORIAL JURISDICTION IN EUROPEAN CONVENTION ON HUMAN RIGHTS (CASE STUDY: AL-SKEINI AND OTHERS V. UK)

This research explains the definition of jurisdiction, development of the extraterritorial jurisdiction and its regulation in international law which includes its principle and also boundaries. This research then analyses cases before Al- Skeini and others v. UK case regarding the application of jurisdiction mentioned in Article 1 of the European Convention on Human Rights (ECHR) by European Court of Human Rights (ECtHR). Furthermore, this research analyses the applications of Article 1 ECHR in United Kingdom’s House of Lords decision and ECtHR decision in Al-Skeini. In its decision ECtHR stated that the existence of Public Power in Al-Skeini causes an extraterritorial jurisdiction in that case. The judgement caters to the human rights protection but on the other hand it still leaves confusion in determining the requirement of extraterritorial jurisdiction in the ECHR.

The Expropriation of the Property of Foreign Investors in Private International Law

The measures for are closely linked to the right of ownership of foreign investors, as well as providing guarantees of ownership rights to foreign investors, in some cases, there may be cases of seizure of their property and, therefore, foreign investors are in need of appropriate legal guarantees. The of the property of foreign persons is, on the one hand, the nature of public law and is, therefore, subject to regulation of public international law; on the other hand, the is also the institute of private international law, since the affects the rights of foreign natural and legal persons in the sphere of their private property. It should be noted that along with the concept of in legal doctrine, national legislation and international agreements, there is also a concept of nationalization. The Civil Code of the Russian Federation contains general provisions on and, thus, refers to a special law on governing the procedure for the of property, which has not yet been adopted. In this regard, it can be argued that, at present, in the legislation of the Russian Federation there is no procedure regulating in detail the of property, including foreign investors. In accordance with the doctrinal definitions of expropriation and nationalization, as well as on the basis of a literal interpretation of the definitions contained in multilateral agreements and bilateral agreements on promotion and mutual protection of investments, it can be concluded that expropriation and nationalization at the present stage of development of international investment relations is referred to as expropriation because, as a rule, international agreements do not distinguish between the concept of expropriation and nationalization and unite them under the common term is expropriation.

The System of Occupational Risks Assessment and Management: Problems of Legal Regulation

Review. The problem of finding ways of conceptual changes in understanding occupational safety as the system of preserving life and health of workers in recent years can be traced both in studies by Russian jurists, and statutory documents of program policy and legal nature. The main task of a new occupational health and safety management system has become a transition to professional risk assessment and management. The quality solution of this task can be achieved by transforming the National institute of occupational risk management in line with internationally recognized trends. This article contains a comparative analysis of models of legal regulation of systems of occupational risk assessment and management, used in the coordinate system of the international and European labour law regulation and in Russian labour law. The author formulates a conclusion on significant distinctions between the specified models which arose due to the differences in interpretations of "professional risk" concept in European and Russian legal traditions. The paper considers the perspectives of development of the National Institute of occupational safety in the management of occupational risks, with emphasis on the need for updating and maintaining the established legal framework, "hosting" occupational risks management system, in part of the implementation of procedures of identifying and assessing occupational risks (in particular, the risks of psycho-physiological nature) and the risks associated with the implementation of labour (professional) obligations, conditions of exercising internal control (self-control) of adherence to labour laws and other regulatory legal acts containing rules of labour law. Enshrinement in labour legislation of a new concept of labour protection, based on the idea of management of risks damage to the health of workers, will entail adjustments to a number of existing legal norms, fundamentally contradicting it. With the introduction of a special procedure for assessing working conditions the legal rules on the reduction of working time and the procedure for granting additional leave for those working in hazardous or dangerous conditions have changed: "time" protection of persons working in such conditions may be replaced by monetary compensation, that is not a satisfactory way of preventing the onset of occupational risk. In conclusion, the author emphasizes the importance of achieving the conceptual integrity of the legislation in the spirit of the predominance of preventive measures in the legal regulation of labour protection.

Current Aspects of the Legal-Normative Base for İntegration of Children and Students with Special Educational Needs (SEN) in the Republic of Bulgaria

There is no doubt that the efficient realization of the integrated education and behavioural development of the children with Special Educational Needs in Bulgaria highly depends on providing a supportive environment for their successful education is highly important. The following article presents a comparative analysis of the international and regional law regulations’ base which was realized during the years in relation to the psycho-educational support given to children with Special Educational Needs in the Republic of Bulgaria.

Legal Regulation of Genetic Research in Russia and Abroad

Review. article examines the legal basis of genetic research: key provisions of the Federal Law of November 21, 2011 No. 323-FZ On Fundamentals of Protection of Health of Citizens in the Russian Federation and Federal Law of July 5, 1996 No. 86-FZ On State Regulation in the Sphere of Genetic Engineering. The author defines the legal regime of gene diagnostics, genetic counseling, and gene therapeutics. article describes the German experience in this sphere of activity. General provisions of the Law for the Federal Republic of Germany on the regulation of genetic engineering and the Law for the Federal Republic of Germany dated July, 31 2009 on genetic testing are subjected to thorough analysis. author outlines peculiarities of international law regulation of genetic engineering activity aimed at treating human beings. Convention For the Protection of Human Rights and Dignity of the Human Being With Regard to the Application of Biology and Medicine (Oviedo, 1997).