State Responsibility Research Articles

Pengaturan Tentang Penerbangan Komersial Dan Tanggung Jawab Negara

Introduction: In transportation activities, the risk of an accident is an unavoidable thing so that unification of arrangements regarding this matter is an absolute thing to do.Purposes of the Research: This study aims to find out and examine how the regulation regarding the flight of commercial aircraft in the air space of a country is reviewed from international law and how the form of state responsibility when a commercial aircraft is shot down is reviewed from international law Methods of the Research: This writing uses a normative type of legal research, which is carried out by studying theories, concepts, legal principles, and laws and regulations. In this study, the author used 2 approaches, namely the statutory approach, and the case approach.Results of the Research: The results showed that the International air law Regulation related to the parties' obligation to regulate the safety of commercial flights crossing its airspace must be in accordance with the Chicago Convention of 1944. These arrangements are made so that flights that cross the airspace of other countries can be kept safe and secure. Iran's shooting down of Ukrainian plane PS752 has violated provisions in the 1944 Chicago Convention on its airspace in an armed dispute. Therefore, Iran must take responsibility for this incident. In the future, firmness and increased cooperation with various parties are needed so that safety and security in international flights and national flights can be achieved.

Basic Conditions for Application of Necessity as a Circumstance that Precludes Bringing to International Legal Responsibility

The article examines a situation of necessity as a circumstance that precludes bringing to international legal responsibility. The relevance of the article is due, on the one hand, to the growing crises in modern international relations, and on the other hand, the lack of comprehensive studies of necessity in the Ukrainian science of international law. The purpose of the article is to determine the specifics of the international legal grounds for states and international intergovernmental organizations to apply to the state of necessity, as circumstance that precludes bringing to international legal responsibility. The article uses general philosophical, general scientific, special scientific and legal methods of research, in particular: dialectical, formal-logical, analysis and synthesis, comparative-legal, and logical-legal. The article analyzes Art. 25 of the draft articles on the responsibility of states for internationally wrongful acts prepared by the UN International Law Commission and submitted to the UN General Assembly in 2001 (UNGA resolution 56/83 (A/RES/56/83) of December 12, 2001). The relevant practice of a number of international courts and arbitrations was analyzed, in particular: the International Court of Justice, the International Center for the Settlement of Investment Disputes, the International Tribunal for the Law of the Sea. The main conditions for the lawful use of necessity are identified, and a forecast of the areas of its further application is given.

State In The Realities Of International Criminal Acts

The article examines and assesses a) the departure of the UN Sixth Committee from the initial installation of the introduction of the Nuremberg principles into the system of international law jus cogens; b) the flawedness of the exclusion of the very possibility of qualifying the behavior of the state as internationally criminal is substantiated; c) the methodologically vulnerable aspects of the study of the topic of state responsibility for international criminal acts in the International Law Commission are indicated and possible ways of overcoming them are proposed.

Concepts of Mining Management in Leuser Ecosystem Areas in A Special Autonomous Context

Background: Act No. 11 of 2006 on the Government of Aceh, granting broad authority to the government of Aceh in the context of the management of natural resources in Aceh, as regulated in Article 7 paragraph (1), which states that the government and the district/city authority regulate and manage affairs in all sectors except for the affairs of government, which becomes the authority of the government. Article 149(1) of Act No. 11 of 2006 explains that the Government of Aceh and the Governments of the district or city are obliged to carry out the management of the living environment in an integrated manner, taking into account the spatial planning, the protection of the natural resources, non-biological resources, artificial resources, the conservation of natural resources and their ecosystems, cultural reserves, and biodiversity about the rights of indigenous peoples and to the greatest of the well-being of the people. But the reality is that many parts of the Leuser ecosystem bordered by protected forests and conservation forests are used as both legal and illegal mining grounds. The application of the law to the management of ecosystems in Leuser is not optimal, so flora and fauna can't be saved from irresponsible human actions. Objective: To analyze the inconsistencies in the implementation of concepts of mining management in Leuser Ecosystem Areas in a Special Autonomous Context. Theoretical framework: This research and analysis is about discovering and developing the theory of the authority of the government of Aceh in mining management and the development of mining management by the government in the Leuser Ecosystem Area. The Aceh government can establish mining areas with strong ecological authority. The closest government should also efficiently control the implementation of mining activities by enforcing strict regulations and maintaining a natural governance system that regularly guides the mine settlement's local community, ensuring that mining operations adhere to legal requirements, particularly regarding executive and ecological insurance. The management of mining by the Government of Aceh in the Leuser ecosystem area has not been based on the State Responsibility Framework, which plays an important role in taking account of such impacts, while the Government of Aceh has the authority to direct the maintenance of mining of minerals and coal, with the privilege and specialty of Aceh to oversee mining at the level of provinces and districts/cities. Method: In this study, the method of normative law research is used to solve regulatory problems and inconsistencies that occur in search of solutions. The research uses several approaches: conceptual, historical, comparative, and analytical approaches; government regulation; and laws enforced.

Implementasi Permasalahan Hak Atas Kekayaan Intelektual dalam Perspektif Hukum di Indonesia

The stated purpose of the state is articulated in the Preamble of the 1945 Constitution (UUD 1945), specifically in the fourth paragraph. "Following that, establish an Indonesian State Government that safeguards the entire Indonesian nation and the bloodshed of all Indonesians, promotes the general welfare, educates the populace, and aids in the implementation of a global order founded on independence, lasting peace, and social justice, as delineated in the 1945 Constitution's articles, wherein one facet delineates the condition of a nation's economic development success." As stated in Article 33 of the 1945 Constitution, the following are provisions of the national economy's structure: (2) It is a collaborative effort based on the principle of kinship; (2) The state exercises control over critical sectors of production that have a significant impact on the lives of numerous individuals; (3) It is the state's responsibility to manage the land, water, and natural resources within for the greatest good of the people; and (4) The economic democracy that underpins the organization of the national economy. The Intellectual Property Rights Law of Indonesia governs the implementation, application, and procedure pertaining to intellectual property rights. The Intellectual Property Rights Act is designed to provide additional oversight over an individual's rights to their work and has the potential to apprehend those who commit offenses related to intellectual property rights

L’aide publique au développement et son impact sur les états du sud. Analyse sur 60 ans d’expérience au Cameroun

"While official development assistance has had a positive impact in Asian countries, the situation remains disappointing in sub-Saharan Africa, and particularly in Cameroon. A number of variables explain this failure to achieve the objectives of official development assistance : while donors have repeatedly granted funds, it is no less true that they do not follow them up harmoniously in terms of implementation and allocation. Similarly, the responsibility of recipient states should be questioned. This article sets out to do just that, drawing on documentary research to understand the responsibilities of each party and to see to what extent official development assistance could also contribute to the development of the African continent. Keywords: public aid, development, Southern State, Cameroon."

The Welfare State: The Challenges of Sustainability

It is nothing new that ‘the welfare state’ faces serious challenges. Ever since the 1970s, Western welfare states have by many researchers been regarded as being in crisis, but despite many policy adjustments and important variations among Western welfare states, the overall scope of the welfare state, as measured by social expenditure per capita, has by and large increased. At the same time, we can observe a globalization of social policy and the emergence of a more active social role of the state in many parts of the world during recent decades. But new challenges due to a variety of new security issues and new dimensions of uncertainty have appeared, not least following the unanticipated Russian large-scale invasion of and war on Ukraine and concomitant international political developments. Political unease about the future of the welfare state and scope of social policies in different parts of the world has escalated. Welfare political priorities must compete with increased priorities for defense, cyber security, and issues related to energy, climate, food, and the environment. Motivations for state responsibility for citizen welfare and well-being – as well as for the type and scope of responsibility - vary. The fate of the welfare state and social policies is clearly a question of political and normative commitment to what kind of socially active state is desired. The paper addresses the following topics: Why should a state be socially active? What were historical reasons for developing welfare states? What are current motivations for developing and maintaining welfare states? What are the economic, political, and moral dimensions of welfare state sustainability? In addition to possible national political responses to social challenges, it is argued that in a globalized world reinforced international cooperation, coordination and regulation may be necessary to achieve sustainability of (national) welfare states.

تصورِ کفالت اور ریا ستی ذمہ داری: سیرت طیبہ کی روشنی میں ایک مطالعہ

From the point of view of Islam, the issue of sustenance and livelihood of the people has been taken by Allah Almighty and the ruler as a resource is responsible for delivering to the people what Allah has taken responsibility to deliver to the people. However, those texts in which the issue of sustenance is entrusted to Allah, are lessons and instructions for the ruler that he should fulfill the duty of supporting the weak and poor people of the state; Whoever has authority over the servants, is responsible for fulfilling the rights of the servants and is responsible for them. This paper studies concept of protection and state Responsibility in the light of Sīrah of the Prophet Peace be upon him. It argues that state is responsible for the protection of its citizens.

NATIONAL IDENTITY AS A FACTOR IN OF INTERNATIONAL SECURITY: A POLITICAL AND LEGAL ANALYSIS

The article analyses such phenomena as national identity, Ukrainian national identity and their impact on state and international security. The essence of national identity, the factors of its formation, the influence of various factors on the development of this phenomenon are revealed. The study of national identity in terms of security is conditioned by modern socio-political realities, international conflicts, crises and wars. The author proves the necessity of reaching consensus through the formation of a national idea, structuring of identification patterns based on national identity and an effective system of political communication in order to achieve dialogue and ensure security at various levels. Attention is drawn to the impact of powerful migration processes on the formation of national identity in Europe and North America. The author emphasises the need to take these processes into account when making important political decisions, laws and legislative acts, creating certain political institutions, shaping the state's cultural policy, etc. The Ukrainian national identity is considered in the context of the Russian-Ukrainian war, which has become an additional factor in the awareness of Ukrainian national identity for citizens of other nationalities in Ukraine. On the other hand, the aggressor country carries out not only military actions, but also a powerful manipulative influence on citizens of the Russian Federation, other countries of the world, and Ukrainians. The author analyses the impact of information and communication technologies on international security. Attention is drawn to the difficulty of implementing the existing provisions of international law in terms of the responsibility of aggressor states for their crimes. It is about building trust and dialogue between the government and citizens. The author emphasises the urgency of finding political and legal mechanisms to influence aggressor states and bring them to justice.

Pertanggungjawaban Negara Atas Keadaan Persero BUMN Yang Pailit

Bankruptcy is a situation that could occur in a state-owned company. Istaka Karya is one of several state-owned companies. After going through several years with financial conditions that never improved, various news reports about this company with various active participation in the world of construction, finally officially closed due to bankruptcy in 2023, with a series of debts to creditors as well as arrears in salary payments to its employees. This research aims to analyze the legal certainty obtained by creditors, as well as the state's responsibility in the event of the bankruptcy of a state-owned company. The results of this research show the weak position of creditors in obtaining their rights. Therefore, to provide legal certainty, not only based on Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, but the directors must also be fully responsible for all debts to creditors using personal assets owned, but not including assets that have been declared bankrupt by the Commercial Court.

The Corfu Channel Case and the Limits of Self-Defense

The Corfu channel case which was a landmark case decided by the International Court of Justice in 1949. The case involved the setup of mines in the Corfu Channel by Albania in 1946, which claimed the lives of 44 British soldiers and destroyed several war vessels. The UK brought a case against Albania alleging that they violated international law by not informing soldiers about possible hazards as well as not clearing the minefields. Albania argued that it was at liberty to mine its territorial waters and therefore not liable for mining on the channel. However, ICJ found that Albania was not reasonable enough in protecting vessels in the Corfu Channel and did not conduct itself in accordance to international law. The mining proved Albania liable for damages. There are many lasting significances in the Corfu Channel case viz this case enunciated the principle that asserts states responsibility to protect foreign ships within their territorial waters, confirmed the right to pass through international straits, and accentuated broader aspect on recourse to armed force in self-defense. State responsibility was also observed in this case. In a notable departure from the actual events, the ICJ held Albania accountable for damages caused by the mines, emphasizing their failure to inform ships about potential dangers and their inability to prevent the mining of the channel. The Corfu Channel case remains a compelling study in international law with profound implications.

Provisional Adoption of Draft Article 7 of the International Law Commission Articles on Immunity for Foreign Officials and Its Implications

Abstract This article analyses the consequences of the International Law Commission (ILC) adopting Draft Article 7, about exceptions to immunity ratione materiae of foreign criminal prosecution, in a seemingly rushed way, without solving the sometimes antagonistic views of its members and of the international community. To this end, the generally accepted rules of immunity were reviewed, followed by taking a closer look at the discussions within the ILC. It seems that the reasoning of the Special Rapporteur on the topic has failed to provide enough proof of state practice and opinio juris to affirm the customary status of an exception to immunity ratione materiae for international crimes. Had the commission tried to resolve the disagreement among its members, the provisional adoption of Draft Article 7 would not bring much criticism. As a result of the lack of clarity, however, national courts are applying said exceptions, which action is believed to be contrary to international law as it currently stands. This is one of the consequences of the provisional adoption, the other being the international responsibility of states which disregard the immunity of a foreign official, not to mention the deterioration of the friendly relationship between the forum State and the State of nationality of the official.

Legal nature of the concept of genocide: international and national experience

Purpose. The purpose of our research is to characterize and compare the main approaches to the interpretation of the content of the concept of genocide in international and national law. Method. The methodology includes the complex use of scientific approaches and principles, as well as general scientific, philosophical and special scientific methods. Results. It has been established that Russia's full-scale invasion of Ukraine and atrocities against the civilian population are an example of the fact that the crime of genocide, as a form of individual and collective responsibility of the aggressor state against a sovereign state and its population, requires a thorough legal justification, both within the international and within the limits of national law. Actually, the signs of genocide remain debatable in international law, because the planned physical destruction of a separate ethnic group or people is often interpreted as "ethnic cleansing" and at the same time the concept of "genocide" is used in order to draw attention to individual actions or inactions of the state. In the national legislation, the concept of genocide is used in accordance with the interpretation of the Holodomor of 1932-1933 and the actual events of the full-scale invasion. However, if in the case of the Holodomor, one can only monitor the preservation of historical memory, because it is impossible to bring to justice the perpetrators of the genocide against Ukrainians in the 1930s, then the modern crimes of Russians must be clearly recorded and brought to justice both in the military and above military and political leadership of the aggressor state. Scientific novelty. An analysis of the main aspects of international and national legislation defining the crime of genocide was carried out. Practical significance. The results of the research can be used in further historical and legal studies, preparation of special courses.

International responsibility of states (theoretical and legal view)

Introduction. This article examines the theoretical and legal possibility of bringing legal relations of a public nature to the international legal responsibility of the participating state, in order to determine the actual mechanisms for the implementation of influence measures and the types of legal consequences that apply to the guarantor state of international legal norms, by analyzing the views of scientists on the issue responsibility of states, their types, the legal framework of an international nature, which regulates the issue of the mechanism and means of influence on the state. Summary of the main research results. First, the quintessence of the axiology of responsibility as a legal phenomenon and its place in international legal relations is emphasized. Also, on the basis of the study of the views of scientists, the differentiation of international responsibility was determined. Several of its types have been identified. The first type of responsibility, which occurs in cases of illegal actions in the form of violation of contractual obligations, the second type of compliance, which occurs for the commission of international crimes. Emphasis is placed on the legal regulation of responsibility for illegal acts in the field of legal obligations. The main international normative acts regulating the procedure of bringing to responsibility, ensuring peace and security in the foreign space have been analyzed. The international practice that reveals the cases of bringing to international responsibility on the example of states that participated in legal relations in violation of international legal norms is given. Conclusions. According to the results of the study, the duality of approaches to the responsibility of states was established. Conclusions were made regarding the prospects and realities of bringing the state to international legal responsibility.

The Francovich Principle as the Basis of State Responsibility for Laborer Loss Due to Company Bankruptcy

<div class="WordSection1"><p><em>The absence of legal certainty in the application of the pari passu pro rata parte principle in the distribution of bankrupt accounts in Indonesia has given rise to uncertainty regarding the protection of the rights of laborers whose employers or companies have faced bankruptcy. This article considers that Indonesia requires a set of formulations enabling the state to provide legal protection for the rights of laborers affected by employer or company bankruptcy. The article explores the feasibility of adopting the Francovich Principle in Indonesia, defining it as a principle holding the state accountable for the losses incurred by laborers due to company bankruptcies. The article concludes that several conditions must be met to apply the Francovich Principle, including the establishment of a guarantee institution, the obligation for financial contributions from companies, and the implementation of specific measures to prevent abuse. The state’s effort to adopt the Francovich Principle involves establishing a priority scale in drafting laws related to the Francovich Principle into the Priority National Legislation Program. Furthermore, the government needs to revitalize institutions related to the Francovich Principle within the national legal and regulatory system</em></p></div>

ZLOČIN GENOCIDA U PRAVU O ODGOVORNOSTI / THE CRIME OF GENOCIDE IN LAW OF RESPONSIBILITY

The paper deals with the issue of the responsibility of the main subjects of international law for grave breaches of obligations arising from the imperative norms of general international law in relation to the commission of the crime of genocide. The focus of this paper is in certain aspects of the relationship between individual criminal responsibility and the international responsibility of States and international organizations, which should be interpreted as two separate systems of responsibility in international law. Each system has its own special fundaments, features and characteristics. Consequently, the starting point is that the responsibility of States for genocide does not depend on the responsibility of individuals for the crime, although the International Court of Justice has made extensive use of the conclusions of the chambers of the International Criminal Tribunal for the former Yugoslavia. (Judgment from 2007). The paper therefore analyzes the question of the existence of a theoretical legal possibility for the so-called indirectly proving the responsibility of States (and international organizations) for genocide through a prior examination of the criminal responsibility of leaders, but also through proving a joint criminal enterprise for the purposes of committing the crime, or do these conceptions represent a starting point for the responsibility of the main subjects of international law or they are simply "proof" of the attribution of the act to a State? In this paper, we examine whether a joint criminal enterprise could be a reflection of a State plan and/or policy for committing the crime of genocide and how a collective plan or policy for committing that crime could be interpreted. After all, are they actually a dolus specialis of this crime, that is, whether a genocidal intent is manifested in a State precisely in a plan or policy?

Reinforcement of Green Constitution: Efforts for Manifesting Ecocracy in Indonesia

This article primarily focuses on analyzing the reinforcement of the green constitution as an effort to manifest ecocracy in Indonesia. The study was analytical and descriptive, applying a normative juridical method with a legal approach. The results point out that the Indonesian Constitution on siders environmental rights part of human rights. Even so, environmental protection is unsophisticated compared to other countries that have implemented green constitutions holistically. Therefore, the reinforcement of environmental protection by placing environmental sovereignty equal to human sovereignty and affirming the use of natural resources sustainably—as proved by state responsibility. Holistic reinforcement strengthens the green constitution so that ecocracy in state administration can be manifested.

Status of Contracts with Rebel Groups during a Civil War

Within the context of a civil war, this article analyses the legal implications of contracts between foreign investors and insurgents or rebels. It focuses on the contentious topic of what happens to these contracts when the civil war ends. If the rebels are victorious, the state will be held responsible for their actions during the insurgency under Article 10 of the Articles on Responsibility of States for Internationally Wrongful Acts. In this article, I argue that Article 10’s application should be extended to agreements made by a de facto government during an insurrection, which will bind the respective states. What if the rebels are unsuccessful in forming a new government or a new state? This is another issue this article attempts to answer. According to Article 10 itself, the state is not responsible for any actions perpetrated by insurgents. Therefore, whatever contracts the rebels made during their unsuccessful insurrection will be null and void if the uprising fails. This article examines numerous circumstances to determine if the non- attribution rule applies. I also argue that a state should be bound by a contract with rebels if it was not intended to aid the rebels and their revolutionary war.

State Responsibility For Foreign Citizens Served As Ukraine Armed Force: An International Humanitarian Law Perspective

This study discusses the status of civilian foreign citizens who participated in the war to defend Ukraine under international humanitarian law and state responsibility for foreign civilians participating in the war to defend Ukraine under international humanitarian law. The purpose of this research is: to analyse the status of foreign nationals, especially those contained in the Geneva Convention of 1949; and accountability countries that are fair to foreign nationals based on humanitarian law international. The method used in this research is normative. Results from this research that the status of foreign citizens who are involved in fighting for Ukraine are entitled under International Humanitarian Law treated as prisoners of war and entitled to equal treatment of humans. Actions committed by foreign civilian citizens, from each country are obliged to provide accountability to the aggrieved party. The rights of foreign nationals are protected by conflicting countries but do not reduce the privileges of the state against its own citizen. The link between international human rights law and law international humanitarian law is also one of the basic reasons for detaining power does not have the right to commit acts of cruelty.

A comparative study of the formation of doctrinal directions of the institution of legal protection of crime victims in the USA and the United Kingdom of Great Britain and Northern Ireland

The United States and the United Kingdom of Great Britain and Northern Ireland have a long history of forming and developing legal protection of the rights of crime victims, which is based on the recognition of state responsibility for the failure to protect society from crime and provision of comprehensive support to crime victims, including compensation, benefits, medical care, social services, support of specialized public organizations. At the same time, the norms of public law regulating state compensation for harm to victims of crime are important. In fact, a study of the leading legal institutions of the United Kingdom of Great Britain and Northern Ireland, which has accumulated positive regulatory and legal experience in ensuring the rights of crime victims and their legal protection, which can be perceived as legislative novelties in the Russian Federation, is indicative. The relevance of the topic is also conditioned by the social significance of the issue of legal protection of the rights of crime victims, as well as the legal reality that has developed in the Russian Federation in the field of legislative regulation of the status of victims of criminal offenses, which directly affects the right to compensation for harm caused to them.