Treaty Research Articles

PROSPECTS OF CENTRAL ASIAN MARKETS FOR RUSSIAN OIL COMPANIES

This article is devoted to the current state of the oil sector in the Central Asian countries and an assessment of the prospects of their markets for expanding the presence of Russian companies. The author highlights the main factors that determine the current situation in the oil producing and refining industries in the region: the overall availability of energy resources in general and crude oil in particular, property rights to oil producing and refining enterprises and operating oil pipelines, as well as international agreements in this area concluded over the past five years. The article substantiates the conclusion that today the potential of the region as a transport and logistics corridor and a center for oil production and refining remains largely untapped. In this regard, for Russian companies, the greatest interest lies in measures to establish control over pipelines from countries focused on the export of oil and oil products (Kazakhstan and, to a lesser extent, Turkmenistan) and to strengthen the presence in the domestic markets of those countries that focus on importing energy resources (Kyrgyzstan, Tajikistan, Uzbekistan) by creating their own transport and refinement infrastructure.

Land degradation neutrality and carbon neutrality: approaches, synergies, and challenges

Land is being degraded rapidly worldwide. United Nations Convention to Combat Desertification in 2015 has invited countries to formulate voluntary targets to achieve Land Degradation Neutrality (LDN). Under the Paris Agreement, a legally binding international treaty adopted in 2015, the world is transitioning toward Carbon Neutrality (CN) with more mitigation actions. This paper intended to review the concepts of land degradation, LDN along with CN emphasizing the degradation types, approaches, models available to analyze, synergies, economic aspects and challenges. The review explores approaches and models available for achieving LDN and CN which are both synergistic, economically efficient and could overcome the common challenges. Land degradation has to focus beyond the traditional definitions to incorporate more persistent and the difficult to restore degradation causes. Such complex land degradation requires specialized LDN approaches. The level of degradation and restoration progress could be analyzed using a variety of modeling approaches including economic models. Approaches for LDN and CN can bring significant synergies for each other. The approach proposed by the present study will provide a logical flow for decision-making while minimizing time and effort and avoiding a piecemeal approach. The approach therefore maximizes the output in relation to the inputs thus enhancing sustainability.

MANAGING PLASTIC WASTE IN THE SEA TO SUPPORT THE INTERNATIONAL AGREEMENTS FOR THE ACHIEVEMENT OF THE 14TH SUSTAINABLE DEVELOPMENT GOALS (SDGs-14)

Objective: Many international agreements as hard law instruments have been agreed. However, in its implementation, good governance is needed so those common goals can be achieved to prevent and reduce global marine damage and pollution such as plastic waste pollution in the sea. In 2015 an agreement was reached on Sustainable Development Goals (SDGs) as a substitute for the Millennium Development Goals (MDGs), with 17 goals, including the 14th goal regarding marine conservation, which must be achieved by 2030. Thus, achieving the SDGs has the support of various international sea agreements with various adjustments and harmonization between institutions. This study aims to identify and analyze the existence of international marine environmental agreements on the SDGs, especially regarding the handling of plastic waste in the sea. Theoretical framework: The study is based on international scientific publications, reports, scientific papers. And also for a more complete and objective presentation of the problem under study, practical materials in the area under study were used. Method: The method that will be used in this research is the desk study method with a normative juridical approach. Result and Conclusion: The study results show that several international marine environmental agreements seek to adapt to the 14th SDGs, especially the handling of plastic waste in the sea, as support so that the SDGs can be achieved in 2030.

Role of Advocacy Efforts in Conservation of Pangolins Species in Kenya

Pangolins, the unique and enigmatic scaly mammals, are facing an existential crisis due to rampant poaching and habitat loss, particularly in Kenya, where four species reside. This study assessed the role of advocacy efforts in conservation of pangolins species in Kenya. Advocacy efforts play a crucial role in the conservation of pangolin species in Kenya by raising awareness, influencing policy changes, and mobilizing resources for conservation initiatives. Pangolins face severe threats due to illegal wildlife trade, habitat loss, and lack of strong legal protections. Effective advocacy can address these challenges through various means. Firstly, advocacy efforts contribute significantly to raising awareness about the plight of pangolins among the public, policymakers, and key stakeholders. By highlighting the ecological importance of pangolins and the threats they face, advocates can generate public support and empathy, leading to increased conservation action. This awareness can also foster behavioral change, such as reducing demand for pangolin products, which is critical in combating illegal trade. Advocacy also plays a pivotal role in influencing policy changes and strengthening legal frameworks for pangolin conservation. Advocates work with policymakers to enact and enforce laws that protect pangolins from poaching, trafficking, and habitat destruction. This includes advocating for stricter penalties for wildlife crimes and advocating for the inclusion of pangolins in international conservation agreements. Furthermore, advocacy efforts help mobilize resources for pangolin conservation projects. By engaging with governments, non-governmental organizations (NGOs), and international donors, advocates can secure funding and support for research, enforcement efforts, and community-based conservation initiatives. This financial backing is essential for implementing effective conservation strategies on the ground. Community engagement is another critical aspect of pangolin conservation advocacy. Advocates work with local communities to promote sustainable livelihoods that reduce dependency on pangolin-related activities, such as bush meat hunting or illegal trade. Empowering communities through education and alternative income-generating projects not only helps protect pangolins but also fosters long-term conservation efforts. In Kenya, advocacy efforts are also focused on addressing broader conservation challenges, such as habitat loss and fragmentation. By advocating for the protection of critical pangolin habitats, such as forests and savannahs, advocates contribute to the overall biodiversity conservation landscape. This holistic approach recognizes the interconnectedness of species conservation and ecosystem health. Advocacy efforts also contribute to international collaboration and knowledge-sharing on pangolin conservation. By participating in global forums, conferences, and campaigns, advocates can leverage international support and expertise to amplify conservation efforts and promote best practices

Comparative Analysis of Bribery Laws and Implications

In light of the Global Peace Index's recognition of Denmark, New Zealand, and Finland as nations with excellent governance standards and low levels of corruption, this study compares the bribery laws and their effects in these three nations. Denmark's legislative system strictly prohibits bribery in the public and private sectors, as outlined in particular provisions of its Criminal Code. In line with international anti-corruption conventions including the OECD Convention and EU Criminal Law Convention, provisions prohibit both active and passive bribery. Similarly, New Zealand's approach to bribery is broad, extending its authority extraterritorially, and penalising offenders severely. It is largely handled by the Crimes Act 1961 and Secret Commissions Act 1910. Finland, on the other hand, has a thorough legislative approach that is scattered throughout its Criminal Code and covers fraud, bribery, and other corrupt practices. This strategy is in line with Finland's resolve to fight corruption by enacting specific laws and enforcing strict penalties—which include fines and jail time in more serious cases.The methodology employed is qualitative in nature and entails a thorough examination of statutory texts, case law, and international agreements. Secondary sources, such as government reports and scholarly literature, are also consulted. A detailed investigation of how each nation defines, prosecutes, and deters bribery is made possible by comparative legal analysis, which takes into account contextual elements like historical evolution, the socio-political climate, and international commitments. This study advances our knowledge of how well legal frameworks function to prevent corruption, advance transparency, and build public confidence in the public and private sectors of the economy. The comparative analysis provides valuable insights that guide efforts to strengthen anti-corruption measures worldwide. These tactics highlight the significance of strong legislative frameworks that are customised to national circumstances in order to maintain integrity and accountability in government.

The right to education for children with autism in Lesotho: A review of the legal and policy frameworks

A child’s access to equal educational opportunities is considered a basic human right, which extends even to children with disabilities. However, the realisation of international agreements protecting this right lies in individual countries’ interpretation and implementation of such rights. This study examined how the right to education for children with autism is provided for, protected and promoted in Lesotho’s existing legislation and policy frameworks. A critical policy analysis was employed to explore how explicit or implicit the language used in the legal and policy frameworks is to generate opportunities and/or social inequalities in realising this right for autistic children. Reviewed legislation and policies were purposively selected to address the phenomenon of the study. The documents selected were four legislations; the Constitution of Lesotho (Lesotho, 1993), Education Act, No.3 of 2010 (Lesotho, 2010), Children’s Protection and Welfare Act 2011 (Lesotho, 2016b), Persons with Disability Equity Act of 2011 (Lesotho, 2021), and two policy documents; National Disability and Rehabilitation Policy of 2011 (Lesotho, 2011a), and Lesotho Inclusive Education Policy of 2018 (Lesotho, 2018). The findings revealed that while there are laws, including the Constitution of Lesotho (Lesotho, 1993), and policies that recognise the right of children with disabilities to education in Lesotho, there seemed to be no legal obligation to warrant the provision of this right for children with autism. Thus, this may have a negative impact on the provision and access to equitable education for these children and, in turn, the right to education for children with autism. Therefore, a legislation and policy review is recommended if this right is to be realised for children with autism.

Access to information and public participation: evaluating the implementation of the Aarhus Convention in Europe

ABSTRACT The ‘Aarhus Convention’ – regulating access to environmental information, public participation and justice in environmental decision−making – is a key international agreement with a long history and a considerable number of signatory countries. While implementation has been studied nationally, there is little comparative research at the transnational level. Based on ten criteria, we analysed national implementation reports of the 2014, 2017 and 2021 reporting cycles in terms of how 33 countries in Europe have implemented the access to information and public participation pillars, and identified obstacles they encountered. We also studied similarities and differences supra-nationally. Overall, countries are quite successfully fulfilling the obligations of the two pillars. Most obstacles reported concern four criteria: access to information, information provision, interaction, and trust. Implementation practices have changed little from 2014 to 2021. However, East- and South-European countries report more, and more persistent or repetitive obstacles, compared to Northern and Western European countries. The national democratic context seems to affect the quality of implementation. The Convention’s compliance bodies and national agencies responsible for coordinating the implementation are encouraged to interact more closely, to account for the differences and leverage implementation.

The use of corrective action frameworks in international fisheries management

Compliance frameworks are important to promoting sustainable management of shared fisheries resources through the robust and transparent assessment of the implementation of conservation measures by States that are party to international agreements. This paper provides a review of existing compliance frameworks, with a special focus on corrective actions to respond to non-compliance in regional fisheries management organisations or arrangements, as well as a selection of multilateral environmental organisations. The analysis of the surveyed schemes of corrective actions identifies common themes and practices, which can provide a foundation on which to support the development of, or refinement of existing, schemes of corrective actions by other international organisations or arrangements.

Exploring the interplay between intellectual property models and sustainability transitions: A multi‐level analysis

AbstractResearch on international technology transfer and partnership agreements provides a comprehensive understanding of country‐level impacts of intellectual property (IP) rights on sustainability transitions. However, firm‐level studies on how firms use and share their IP to support sustainability practices remains limited. The paper disentangles the relationship between firm‐level IP models and sustainability practices drawing from a cross‐case analysis of 28 firms offering sustainable innovations across four sectors. Analysis of firms' year‐wise data collected from 854 documents (typically 1996–2021) and 58 in‐depth interviews exploring linkage between IP models and sustainability practices of firms engaged in sustainable innovation provide six key findings: (a) emphasis on safeguarding registered and unregistered IP assets among firms with sustainable innovations; (b) widespread adoption of selectively open inbound IP models coupled with diverse IP sharing mechanisms; (c) a preference for collaborative (joint) IP ownership among internally driven firms, contrasting with a tendency for exclusive in‐licensing among those reacting to external pressures; (d) a divergence in outbound IP models, with internally motivated firms favouring selectively open approaches and externally driven firms favouring closed IP models; (e) the adoption of fully open outbound IP models democratize sustainable innovation diffusion; and (f) leveraging broadly open outbound IP models alongside closed or selectively open models balances widespread use with access control and achieves significant social sustainability. A framework is hence developed to guide technology‐sharing policies and procedures. Therefore, the paper creates a platform for prescribing sustainable IP incentives for encouraging firms to share IP for wider diffusion of sustainable innovations.

Legal concept of “intellectual property”: Theoretical issues

Based on the provisions of international legal acts and norms of national legislation, the authors analyze the definition of the concept of “intellectual property”. The conceptual approaches of some Russian researchers to the understanding of this definition are considered. It is revealed that the modern content of the term “intellectual property” raises questions, and the attitude to it on the part of representatives of the scientific community is seen ambiguous. The institute of intellectual property has overcome a huge historical path. In turn, today its structure is generally logical and open to the changes occurring in society, unified in accordance with the main provisions of existing international treaties. At the same time, the institute of intellectual property develops with the growth of scientific and technological progress of this or that society, as well as the system of integrative ties between interested countries, which means that research in this area should and will continue.

Who will sign a double tax treaty next? A prediction based on economic determinants and machine learning algorithms

Double tax treaties play a crucial role in shaping international economic relations, yet predicting which country pairs are likely to sign tax treaties remains a challenge. This study addresses this gap by employing a novel machine learning approach to predict tax treaty formations. Using data from a wide range of countries, we apply a series of classification algorithms and identify 59 country pairs likely to have tax treaties given their economic conditions. Our findings reveal that variables such as foreign direct investment, trade, Gross Domestic Product, and distance are significant predictors of tax treaty formations. Importantly, we demonstrate that the random forest classification algorithm outperforms conventional econometric methods in predicting tax treaty formations. By identifying which potential treaties exhibit a high probability of success, this paper gives policymakers an indication where to focus their attention and resources in upcoming treaty negotiations.

How Do the Home Country Regulations Promote the Responsibility for Overseas Farmland Investment?

Restricted by economic and social development conditions and the level of domestic regulatory system construction, the traditional host country-centered regulatory approach makes it difficult to ensure “responsible investment” by overseas farmland investment companies. The jury is still out on whether international law can directly impose obligations and responsibilities on companies. Therefore, it is realistically necessary for the investor’s home country to regulate any behavior that infringes on the human rights and environment of residents of the host country during the company’s overseas farmland investment. We used a panel fixed effects model and the dummy variable method to construct regression indicators based on international treaties. This study finds that promulgating responsible investment treaties can significantly promote the scale and number of international farmland investments, which also further led to the problem of differentiation among overseas farmland investors. We further discussed the lack of binding force of current international rules and the difficulty in coordinating the interests of multiple parties. In the regulatory system of the home country, there are still problems, such as insufficient supply of adequate laws, and lack of administrative guidance. Measures such as deepening negotiations on international rules for responsible overseas farmland investment, further leveraging the role of land ownership in responsible overseas farmland investment, improving existing domestic legislation, and strengthening administrative guidance on overseas farmland investment can be used as countermeasures.

Review on: Public Perception of Biotechnology on Genetically Modified Crops, Bio Policy and Intellectual Property Rights

Public discussion about genetically modified crops is strongly heavily influenced by debates over their risks and benefits. Supporters of biotechnology point to its potential to reduce hunger, prevent malnutrition, treat diseases, and improve overall health and quality of life. However, there is considerable opposition to biotechnology. Some critics argue that it poses risks to human health and the environment, while others oppose it on moral and ethical grounds. The transfer of genes between different species is often criticized as "playing God" or breaking the "Law of Nature." Biosafety on (GM) crops is a rapidly growing field that includes scientific research, ethical issues, and policy and regulatory frameworks to assess and manage risks to human and animal health, including food and feed safety, as well as environmental risks related to modern biotechnology products. Bio-policy refers to the rules, norms, and ethical considerations that govern the development, production, and use of biotechnology products. These policies differ by country and can be influenced by international agreements and organizations. A key international agreement (TRIPS) Agreement, which sets global standards for intellectual property protection. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement requires governments to issue patents in technological sectors, including modern biotechnology, to protect innovations in this field. This ensures that biotechnological advancements, including GM crops, are protected under intellectual property laws, aiding their development and commercialization while addressing ethical and safety concerns.

Review on: Public Perception of Biotechnology on Genetically Modified Crops, Bio Policy and Intellectual Property Rights

Public discussion about genetically modified crops is strongly heavily influenced by debates over their risks and benefits. Supporters of biotechnology point to its potential to reduce hunger, prevent malnutrition, treat diseases, and improve overall health and quality of life. However, there is considerable opposition to biotechnology. Some critics argue that it poses risks to human health and the environment, while others oppose it on moral and ethical grounds. The transfer of genes between different species is often criticized as "playing God" or breaking the "Law of Nature." Biosafety on (GM) crops is a rapidly growing field that includes scientific research, ethical issues, and policy and regulatory frameworks to assess and manage risks to human and animal health, including food and feed safety, as well as environmental risks related to modern biotechnology products. Bio-policy refers to the rules, norms, and ethical considerations that govern the development, production, and use of biotechnology products. These policies differ by country and can be influenced by international agreements and organizations. A key international agreement (TRIPS) Agreement, which sets global standards for intellectual property protection. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement requires governments to issue patents in technological sectors, including modern biotechnology, to protect innovations in this field. This ensures that biotechnological advancements, including GM crops, are protected under intellectual property laws, aiding their development and commercialization while addressing ethical and safety concerns.

Reasons for International Trade Barriers and Suggestions to Eliminate Trade Barriers

In the International trades, trade barriers are common. However, regardless of how some countries may view the trade barriers, the tendency of world trade is still open and free. Besides, some international laws and treaties have regulated that states should promote the freedom of international trade, or it is against the obligations. Therefore, it is necessary to research on why international trade barriers exist and to give some suggestions to solve this problem. This paper conducted a literature review in the reason for international trade barriers. Four angles were being discussed: domestic political, income inequality, national security and culture influence. After examining 30 papers and law provisions, we got some conclusions. Reasons for international trade barriers are diverse, including the protection for states economy, security and the peoples interests. It also takes narrow nationalism and extreme patriotism and populism into consideration. To solve this problem, this paper suggests from the reform of WTO and some changes in the international treaties. On the other hand, this paper also has some advice to states to solve their domestic conflicts.

The Science, Engineering, and Validation of Marine Carbon Dioxide Removal and Storage.

Scenarios to stabilize global climate and meet international climate agreements require rapid reductions in human carbon dioxide (CO2) emissions, often augmented by substantial carbon dioxide removal (CDR) from the atmosphere. While some ocean-based removal techniques show potential promise as part of a broader CDR and decarbonization portfolio, no marine approach is ready yet for deployment at scale because of gaps in both scientific and engineering knowledge. Marine CDR spans a wide range of biotic and abiotic methods, with both common and technique-specific limitations. Further targeted research is needed on CDR efficacy, permanence, and additionality as well as on robust validation methods-measurement, monitoring, reporting, and verification-that are essential to demonstrate the safe removal and long-term storage of CO2. Engineering studies are needed on constraints including scalability, costs, resource inputs, energy demands, and technical readiness. Research on possible co-benefits, ocean acidification effects, environmental and social impacts, and governance is also required.

Building responsible and sustainable supply chain frameworks: limits of international investment law and the CSR initiatives taken by the EU and China

ABSTRACT Supply chains play a pivotal role in global economic relations, fostering growth, employment, and poverty alleviation. Multinational enterprises (MNEs) are central actors in these chains, bearing responsibilities towards workers and the environment. Corporate Social Responsibility (CSR) standards guide MNEs in assessing the societal and environmental impacts of their activities, though these standards remain largely voluntary. Recent investment treaty practice shows a trend to incorporate CSR provisions in international investment agreements (IIAs), but such clauses fail to impose direct human rights, labour and environmental obligations on investors. Amidst this landscape, the EU and China, major players in global trade and investment, have established diverging legal and policy frameworks to build responsible and sustainable supply chains. Considering these developments, the objectives of this article are twofold. First, the article explores the integration of CSR in international investment law. Second, it evaluates the different CSR initiatives taken by the EU and China that frame their foreign direct investments. Focusing on EU–China FDI relations, the article delineates implications for global supply chain governance offering insights into the evolving landscape of CSR frameworks, and the plagued path in adopting mandatory corporate responsibility standards.

Romanian Diplomacy during the Balcan Wars (1912-1913)

The young national Romanian state would reaffirm itself in the first decades of the 20th century as a factor of equilibrium and of collective security in the Balkan Peninsula, in the context of the two wars which were about to begin (1912;1913), both conflicts which would precede the greatest diplomatic and military conflict known to international society until that time, namely the First World War (1914-1918). Romania acted in accordance with the principles of public international law regarding its external policy to maintain its sovereignty, independence and territorial integrity of state built from the ruins of the former Ottoman Empire, thus acting for the respect of the status quo in the Balkan area according to the regulations of international treaties, seen as formal sources of law.

Environmental sustainability practices: A systematic literature review

This systematic literature review explores the evolution and significance of environmental sustainability practices from 2010 to 2023. Through this exploration, we aim to uncover discernible patterns, emerging trends, and valuable insights that shed light on the trajectory of these practices and their far-reaching consequences for environmental conservation and sustainable development. The review highlights the growing awareness of ecological sustainability by using a four-step technique to select 351 papers. Our key findings underscore the critical role of multidisciplinary collaboration, data-driven decision-making, and adaptive management strategies in advancing environmental sustainability practices. Notably, technological advancements in data collection, analysis, and modeling, such as remote sensing, satellite technology, and citizen science initiatives, have substantially enhanced the efficacy of these practices. Furthermore, shifts in governmental frameworks and international agreements, such as the Paris Agreement and the Convention on Biological Diversity, have profoundly influenced the trajectory of environmental sustainability practices. This review serves as a valuable tool for comprehending the evolution and impact of environmental sustainability initiatives, offering insights that can inform policy decisions, future research, and practical applications toward fostering a more sustainable and harmonious coexistence with our planet.

EVOLUTION OF AFGHAN-TURKISH RELATIONS IN THE FIRST HALF OF THE 20TH CENTURY

The initiatives of Atatürk and Amonullah Khan, the first charismatic leaders of these countries, played a major role in the establishment of hundred-year-old warm relations between Afghanistan and Turkey. This article shows the importance of the Turkish model in the modernization of Afghanistan, the role of Turkish specialists in the development of the education, health and military sectors in Afghanistan. Turkey's participation and initiatives in Afghanistan's membership of international agreements are highlighted.