Rules Of Public International Law Research Articles

Cybercrimes in Light of The Rules of Public International Law

Despite what has been witnessed by the international community during the recent decade in connection with the widespread use of modern technology based on the World Wide Web in all aspects of life, as well as what this has achieved, including the easiness of having access to information and the reliance by the fundamental infrastructures and services provided to citizens on it, there have been adverse effects of this revolution with which we live in our life. However, legal experts have attempted to research how applicable its rules are to cybercrimes being considered cross-border crimes, and they can threaten the principles of sovereignty and non-interference. Therefore, this research has addressed the problem related to how applicable the rules of international law are to cross-border cybercrimes, which might violate the two principles above deemed to be some of the fundamental principles on which international law is based.

The legal personality of foreign states in civil law: l’affaire Zappa and the bequest of the Marquise du Plessis-Bellière

Summary This article traces the doctrinal debate on the civil legal personality of foreign states occasioned by two famous legal cases during the closing decade of the nineteenth century: the protracted conflict between Greece and Romania following Evangelis Zappa’s bequest of immovable property located in Romania to the Greek state for the purpose of resurrecting the Olympic Games, and the contested will of the Marquise du Plessis-Bellière which named Pope Leo xiii as legatee of real estate located in France. As Ernst Rabel and others have thought, the debate confirmed the scholarly consensus that the recognition given to a foreign state according to the rules of public international law, implies recognition of its capacity in private law matters. The objective of this article is to reconstruct the considerations that led to this apparent consensus, thus helping to facilitate an assessment of the persuasiveness of those considerations.

Confiscation of Russian Assets for the Restoration of Ukraine: Legal Problems of Implementation

The article is devoted to the problem of creating and applying legal mechanisms for blocking and confiscating Russian assets in order to use them for the restoration of Ukraine, which suffered from Russian aggression. The subject matter of the study is the analysis of international legal norms, national law, international and national judicial practice. The purpose of the article is to study and assess the legal possibilities of compensation for damages caused by Russian aggression against Ukraine. The research methodology involves an analysis of the rules of public international law, international humanitarian law and international criminal law, which the states that have imposed anti-Russian sanctions may rely on when seeking mechanisms for confiscation of Russian assets under sanctions in order to satisfy Ukraine's claims for reparations against Russia. Achieving the objectives of the study also involves an analysis of international and national law on the issue of foreign sovereign immunity in the context of the possibility of confiscation of assets of the Russian Central Bank. The author examines the issue of freezing (blocking) of assets of persons under the jurisdiction of the countries initiating anti-Russian sanctions. The author proves that these actions are a widely used policy tool of the United States, the European Union and other states which seek to punish the government of a particular country in this way. As part of the blockade, assets may be held until the country that violates international law changes its policy. In the case of Russian aggression, the United States and other countries that have frozen Russian assets may refuse to return them as a countermeasure until Moscow not only stops its aggression against Ukraine but also pays reparations to Ukraine. It is established that the general trend (albeit with some exceptions) of the last two decades has been to strengthen the immunity from enforcement of foreign central banks' property, which is in line with the approach adopted in the UN Convention on Jurisdictional Immunities of States and Their Property. The author considers the possibility of creating legal mechanisms for the confiscation of Russian assets frozen by Western countries and a number of other states, both at the international and national levels. Based on the study, the author formulates conclusions regarding the existence of legal (both at the level of international and national law) and political (primarily, the fear of retaliatory sanctions, and most importantly, the possibility of withdrawal of assets of foreign investors and central banks of individual states from the United States) obstacles to the confiscation of Russian assets.

Jurisdictional Competition: Domestic Courts or Arbitral Tribunals? Lessons from the CJEU Judgments on EU’s Economic Agreements with Non-EU States

Abstract Summary A judgement by a domestic court in an international economic dispute, where the parties have agreed on an International Dispute Settlement Mechanism (IDSM), may be legitimate from the perspective of domestic law. However, it might entail concerns from the perspective of third states and Public International Law (PIL). Such concerns might be aggravated by the broadening of delicate foreign relations elements and protections for investors woven into international economic agreements. In the absence of clear PIL rules for conflicts arising from overlapping jurisdictional claims, such jurisdictional issues are subject to the discretion of the domestic court. A tendency to adjudicate such claims is strongly demonstrated in the caselaw of the EU Court of Justice (CJEU). The CJEU’s jurisdictional attitude towards competing IDSMs is examined in the context of the recent CJEU caselaw on disputes under bilateral and multilateral investment treaties involving non-EU states and investors, where the parties have committed to arbitration. The analysis then focuses on CJEU judgments on disputed EU trade agreements with non-EU states controlling Disputed Territories (DTs), in particular, trade with Israeli controlled DTs, where the parties have agreed on an IDSM. These judgements present substantial competing jurisdictional issues, that were scarcely dealt with in the literature. Consequently, the CJEU’s jurisdictional policy provides an excellent basis on which normative conclusions can be drawn regarding the profound effect it may have on third states, foreign investors and on the development of rules for the resolution of international economic conflicts.

Art of Interpretation of Norms in Contemporary Public International Law: Appraisal of Methods and Approaches

The article explores contemporary issues in the interpretation of public international law rules: treaties, customary rules and other formal sources. As it is generally required in both legal practice and science, the practitioners of public international law also need to interpret international legal rules when trying to find its correct meaning and scope of application if there is the lack of clarity. The article has shown that there is a variety of methods that are applied by the subjects of interpretation with a view of determining the right and just meaning of the rules in question. During the last century, the art of interpretation has partially advanced as the Vienna Convention on the Law of Treaties has established the rules applicable to the interpretation of inter-State treaties. However, the customary rules or specific legal regimes still apply to interpreting other treaties and other formal sources of public international law, which do not fall within the scope of application of the Vienna Convention. Unlike municipal legal orders, there is no a centralised authority at the international plane which is authorised to interpret international law. Therefore, it is possible to speak about a multitude of subjects that interpret international law, whilst the most relevant seem to be authentic interpretation of the treaties or other acts. A particular layer in the interpretation of the rules of public international law is related to the need to ensure their effectiveness, thus enabling that the subject international relations be maintained or that the international structures keep performing their duties.

"Artificial Intelligence and its Impact on the Rules of Public International Law"

"Artificial Intelligence and its Impact on the Rules of Public International Law"

Property Rights in Treaty Cases: Lessons for Investor-State Arbitration from Case A15 (II:A) of the Iran-United States Claims Tribunal

On 10 March 2020, the Iran-United States Claims Tribunal (IUSCT) rendered its partial award No. 604-A15 (II:A)/A26 (IV)/B43-FT in Case No. A15 (II:A), ordering the United States to pay Iran over USD 29 million in damages, including decades of interest, and to return several properties that had been frozen during the 1979 hostage crisis. In deciding which properties had to be transferred by the United States to Iran, the Tribunal – having concluded that there are no public international law rules on property – struggled to identify the law applicable to property rights in the context of an inter-state arbitration based on a treaty. While the majority applied international private law principles to determine the domestic law applicable to questions of ownership, several of the dissenting arbitrators expressed the view that the nature of the dispute, as a treaty case, required the exclusive application of public international law. These two diverging approaches offer an interesting perspective on recent investor-state decisions, which also present conflicting views on the role that should be attributed to domestic law in determining the contours of those property rights, which are the subject of treaty violations and the corresponding compensation of investors. property, international law, public international law, private international law, domestic law, applicable law, Iran-US Claims Tribunal, investor-state dispute settlement, investor-state arbitration, choice of law

The Protection of Cultural Property in Syria Against Unlawful Acts: Challenges and Possible Opportunities A Study According to Public International Law Rules

The ongoing armed conflict in Syria has severely impacted human lives. More than 250,000 Syrians have lost their lives and more than 11 million were displaced from their homes. The impact of the conflict has been extended to the invaluable cultural property of Syria. The Syrian exceptional rich and unique cultural property was in the middle of hostilities, which took various forms including bombing; fighting in or near the archaeological sites; looting and illicit trafficking of invaluable objects and artefacts. As per Public International Law rules, cultural property is protected against unlawful acts, further, these unlawful acts are prosecutable before international tribunals as war crimes. Though, with regard to the conflict in Syria, the legal regime for the protection seems unfit for its purpose and the prosecution seems to be unattainable at least for the current time. To this end, this Article aims to examine the application of the international law rules with respect to the protection of cultural property and their effectiveness in protection and prosecution with regard to the armed conflict in Syria. Therefore, this Article is divided into four parts. Part I introduces an overview on the current conflict in Syria and its implication on the cultural property. Part II exposes to the protection of cultural property in international law with relation to the conflict in Syria. Part III examines the criminalization of the unlawful acts against cultural property as per International Criminal Law. Part IV suggests possible venues for prosecuting unlawful acts against cultural property in Syria. The Article concludes with remarks on the effectiveness of current provisions of international law with respect to the protection of cultural property and suggests possible ways for enhancement.

The primary legal role of the United Nations on international Tax Cooperation and Global Tax Governance: Going on a new International Organization on Global Tax Cooperation and Governance under the UN “Family”(*)

This study will prove useful in expanding our understanding of the United Nations as the body with capacity, suitability, and competence to assume the role of governing and carrying out a global design of the Global Tax Governance architecture, as well as s well as to establish the bases, principles and areas of international tax cooperation. Public International Law rules and general “Principles and Purposes” of the Global Legal Order have been extrapolated to international tax law to achieve this conclusion. Furthermore, we propose the creation of an international organization on International Fiscal Cooperation and Global Fiscal Governance within the UN family itself.International tax cooperation is a crucial instrument to enhance domestic public resources and to avoid international tax fraud fighting against the flow of illicit capital, as stated in the Addis Ababa Action Agenda, in accordance with the provisions of the 2030 Agenda of United Nations, Monterrey Consensus and Doha Declaration. Nowadays, after the covid-19 pandemic, it is an unquestionable necessity.

حرية البث الفضائي المباشر وأثره على سيادة الدولة

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

Double Taxation Treaty Interpretation: Lessons from a Case Down Under

In the Australian case of Bywater Investments Ltd v Commissioner of Taxation; Hua Wang Bank Berhad v Commissioner of Taxation (the Bywater case) the Australian High Court dealt with the question of whether certain companies were resident in Australia for income tax purposes. The majority answered this question by applying Australian domestic law. In a separate but concurring judgement, Gordon J also discussed the interpretation and application of the relevant double taxation treaty. This contribution analyses Gordon J's judgment to extract guidance from it for the South African courts on their interpretation of double taxation treaties.
 It is submitted that South African courts should also follow the "first step" proposed by Gordon J when interpreting double taxation treaties. South African courts may find Gordon J's judgment "instructive" when dealing with the interpretation of the "place of effective management" concept in both domestic law and double taxation treaties. In his judgment Gordon J favours the goal of common interpretation and it is argued that South African courts should follow this example and explicitly support this notion in applicable cases. From Gordon J's judgment and the judgement in Krok v Commissioner, South African Revenue Service, it is deduced that the positions in South Africa and Australia are similar in that the courts in both countries will be bound by the principles of Articles 31 and 32 of the Vienna Convention on the Law of Treaties when interpreting double taxation treaties. Moreover, Gordon J's judgment indicates that the domestic principles of interpretation should not be used in the interpretation of double taxation treaties. Recent South African cases have suggested that there are no differences between the South African domestic principles of interpretation and those contained in Articles 31 and 32 of the Vienna Convention on the Law of Treaties. This contribution submits that there are many similarities between the two, but that the rules are not exactly the same. South African courts should be aware of these differences and rather apply the rules of public international law, including those contained in the Vienna Convention on the Law of Treaties, when they interpret double taxation treaties. Gordon J specifically identifies the category of the Vienna Convention on the Law of Treaties in which he places the Commentary on the OECD Model Tax Convention, to rely on it for his interpretation of the relevant double taxation treaty. South African courts may well learn from this approach, to create more certainty in the process of interpreting a double taxation treaty.

What Can the World Health Organization (WHO), and the 1979 Geneva Convention (CLRTAP) Do, under the Rules of Public International Law (PIL), to Curb Air Pollution Which Has Amplified the Death Toll Rate of the Coronavirus-19 in the World?

The most important natural resource on the planet earth is air because people, animals and plants (vegetation) need to breathe in clean air that is not polluted in order to be alive. Breathing is a vital natural process which is called respiration. In the process of respiration, also known as “cellular respiration”, a living subject or thing takes in oxygen from the air and expels carbon dioxide (CO2) as a waste product. Therefore, if the respiration of ambient air is intoxicated by the gaseous or chemical substances produced by air pollution (PM 10, 2.5, or 0.5), the lives of people, animals and plants, will be in serious danger. The environment, structures and the ecosystem will also suffer destruction and depletion of the ozone layer (effects of the ozone hole). This Article strives to scientifically investigate, analyse and demonstrate that the actual public international law rules put in place have not substantively provisioned the remedies and constitutional or treaty mechanisms which should tackle air pollution effectively. Legal Scholar will draw on the public international law instruments of this research question in order to make a preliminary proposed reform that should remedy the devastating effects of air pollution in the World. The Article envisages to substantiate on how air pollution has contributed in increasing the number of deaths on the coronavirus-19 patients around the globe. The study moves on to advice COVID-19 victims on the tortious liability actions they could engage against their national Governments, if they can substantiate that, air pollution aggravated their COVID-19 situations, which injuriously caused them any substantiated loss or harm. Researcher will move on with his conclusion by inciting Nation-States and the United Nations Organizations, to study the reform he has proposed in this introductory Article and make use of such. The continuation of the greater part of the project will comparatively analyse and investigate on how the national and public international law rules of air pollution countries like France, Britain, the USA, China and India regulate air pollution? The complete project of which this Article is the first part, will be concluded through the presentation of a proposed public international law instrument that should effectively regulate air pollution. Such an instrument will be in the form of a model drafted international treaty of a jus cogens character. It will aim at drastically curbing air pollution and imposing compliance on all Members and non-Members of the United Nations Organization (UNO), who have ratified or not the proposed reform, if adopted by the United Nation Organization (UNO).

Protecting the rights of displaced persons under the rules of public international law

Protecting the rights of displaced persons under the rules of public international law

Najnowsza polityka kosmiczna Stanów Zjednoczonych w świetle reguł publicznego prawa międzynarodowego

Na całość regulacji dotyczących przestrzeni kosmicznej składają się nie tylko traktaty, lecz również normy o charakterze krajowym wprowadzone celem zapewnienia zgodności działań państw z prawem międzynarodowym publicznym. Niniejsze opracowanie służy analizie najnowszych propozycji dotyczących amerykańskiej legislacji kosmicznej, w świetle jej zgodności z normami traktatowymi. Szczególną uwagę poświęcono Commercial Space Launch Competitiveness Act, projektowi American Space Commerce Free Enterprise Act jak również ostatnim doniesieniom administracji prezydenta Donalda Trumpa o możliwości utworzenia odrębnej gałęzi sił zbrojnych, poświęconej w całości militarnym aspektom wykorzystania przestrzeni kosmicznej.

The Case Western Sahara Campaign UK and the International and Institutional Coherence of European Union External Action. Opening Pandora’s Box?

The article explores the recent Case Western Sahara Campaign UK and the consequencesarising from the Court’s findings on European external action and trade policies. The Case represents a landmark decision on the relationship between the European Union and principles of customary international law. In assuming that the territory of Western Sahara is not part of the Kingdom of Morocco, the Court reaffirms its role in interpreting whether international agreements concluded by the Union are compatible with the Treaties and the rules of public international law. What makes the Court’s decision particularly interesting is that the Case concerns a controversial international law principle, such as the right to self-determination. This opens many questions on the future approach of the external action with self-determination claims in European Union trading partners. The article comes to the conclusion that the Case shows an evident lack of coherence of European external action, both in its international and institutional dimensions.

The Missing Argument: The Article that Changed the Course of History?

In July 1967, one month after Israel's occupation of the West Bank, Gaza Strip, Sinai Peninsula, and Golan Heights, Israel's Military Advocate General (MAG), Colonel Meir Shamgar, appeared before a Knesset committee to discuss the Israel Defense Forces (IDF)’s duties in the areas under its control. Col. Shamgar had led the MAG Corps in the preparations in the event that a future war would find the army occupying beyond Israel's borders. Col. Shamgar began his presentation by stating: In terms of the legal background, our point of departure is that we have to respect both the fundamental pursuits of the State of Israel as its military forces begin to control an area that has been liberated by the IDF, and the rules of public international law that apply to the actions of any military in control of an area that was, until its entry, subject to the sovereignty of a foreign political entity. The guiding rules in this realm are the rules of public international law, which are reflected in The Hague Regulations of 1907 … and in the … Fourth Geneva Convention on the Protection of Civilians in Times of War.

The Missing Argument: The Article that Changed the Course of History?

In July 1967, one month after Israel's occupation of the West Bank, Gaza Strip, Sinai Peninsula, and Golan Heights, Israel's Military Advocate General (MAG), Colonel Meir Shamgar, appeared before a Knesset committee to discuss the Israel Defense Forces (IDF)’s duties in the areas under its control. Col. Shamgar had led the MAG Corps in the preparations in the event that a future war would find the army occupying beyond Israel's borders. Col. Shamgar began his presentation by stating: In terms of the legal background, our point of departure is that we have to respect both the fundamental pursuits of the State of Israel as its military forces begin to control an area that has been liberated by the IDF, and the rules of public international law that apply to the actions of any military in control of an area that was, until its entry, subject to the sovereignty of a foreign political entity.The guiding rules in this realm are the rules of public international law, which are reflected in The Hague Regulations of 1907 … and in the … Fourth Geneva Convention on the Protection of Civilians in Times of War.

Spanish

The relationship between the environment and the jus cogens rules of public international law is still being debated in the academia and by practitioners all around the world. This manuscript shows how central this issue is in terms not only of the focus the International Law Commission has placed on it, but also in terms of how Governments and entities around the globe are tackling the manner in which institutions and people deal with phenomena such as global warming. From the insights of some former judges of the International Court of Justice to the views of renowned practitioners, the article lays out different paths to address this urgent issue from the perspective of a country like Colombia. The paper covers a field of international economic law and is the result of an ongoing research related to the role of ethics and morals in contemporary public international law.

International Law and Foreign Investment in Hydroelectric Industry: A Multidimensional Analysis

The main focus of the present article is on the entanglement between four bodies of international law sensitive to foreign investment in the creation and/or operation hydroelectric industry: i.e. international investment law, human rights law, international water law and private international law to the extent that public international law rules on conflict of laws on civil liability for transboundary damage are concerned. This horizontal approach to the analysis is supplemented by a vertical one looking at the interactions between international and domestic law. Consideration of the different bodies of international law in question is associated to that of the adjudicative, and non-adjudicative, means of dispute settlement available under each such bodies of law. On that score, the role of the foreign investor in a litigation scenery will be considered, primarily as claimant, but also, prospectively, in relation to the situation in the State hosting the investment is, or may become, respondent in inter-State litigation.

Article 31 of the Vienna Conventions on the Law of Treaties and International Investment Law

The general rule on the interpretation of treaties as codified in Article 31 VCTL has received increasing attention in investment arbitration. It unfolds an objective method focused on the meaning of the text in order to frame interpreters’ discretion. The elements and limits of such method are discussed here in the context of investment treaties, and illustrated by recent cases. The analyses also relies on the most recent works of the International Law Commission of the United Nations, notably on interpretation according to States’ subsequent practice and according to other relevant rules of public international law. It is argued that the method of Article 31 VCTL is appropriate to reduce uncertainty in international investment law and arbitration, but that an overemphasis on systemic consistency as an objective of treaty interpretation involves risks.