Union Treaty Research Articles

The Unfree Commons: Freedom of Marine Scientific Research and the Status of Genetic Resources Beyond National Jurisdiction

Longstanding negotiations on the status of marine genetic resources beyond national jurisdiction under a new UN treaty oscillated between the common heritage of mankind and the freedom of the high seas. The final text of the new Biodiversity Beyond National Jurisdiction (BBNJ) Treaty bridges the normative dissonance by crafting a freedom of marine scientific research juxtaposed with the common heritage of humankind. This article argues that the principle is a specific carve‐out from the freedom of scientific research in the United Nations Convention on the Law of the Sea (UNCLOS), enumerated as one of the freedoms of the high seas. The principle of freedom of marine scientific research is best conceived as a property‐protected activity tethered to marine genetic resources where the scope and consequences of the activity demarcate the commons resource. It derives legitimacy and content from the common heritage regimes in UNCLOS as well as the operative elements of Part II of the BBNJ Treaty that address the equitable use of marine genetic resources and digital sequence information on marine genetic resources. As such, this element in the Treaty and the explanation set out here introduces a new and unprecedented constitutionalising norm in global biodiversity governance.

Conducting marine genetic research for whom? Mapping knowledge flows from science to patents

Marine genetic resources hold great value for biotechnological innovation and sustainability-oriented research. However, studies indicate that intellectual property rights pertaining to these resources are concentrated in a handful of companies and countries, triggering contentious international debates. This paper highlights an overlooked dimension: the flow of scientific knowledge in the provision and use of marine genetic research. We identified 23,417 scientific studies that use marine genetic sequences, traced patent references to these studies, and revealed provider and user countries. We found that molecular biological research, oftentimes on bacterial species, attracted the most patenting interest. Some countries owned relatively more patents than they provided in science, with the U.S. benefiting the most from available research. Science by developing countries’ researchers saw limited uptake in patents. These findings aim to inform international biodiversity regimes, such as the UN Treaty on Biodiversity Beyond National Jurisdiction (BBNJ), on how to more equitably distribute marine genetic resources’ economic, socio-cultural, and ecological benefits.

Защита от высылки в практике Комитета по правам человека ООН

This article provides an analysis of the practice of the UN treaty body - the UN Human Rights Committee in cases related to expulsion. The treaty body effectively monitor compliance by States with the principle of "non-refoulement". The article analyzes the legal grounds, opportunities, mechanisms and effectiveness of human rights protection by filing complaints to this Committee. Various violated human rights are considered, for the restoration of which it is possible to apply to the UN treaty body in cases concerning expulsion.

Дерогація, аброгація, нуліфікація: поняття, особливості та приклади застосування

The article analyzes the legal concepts of derogation, abrogation and nullification, which are tools for regulating relations in society and international relations. It is determined that the derogation means the partial cancellation of the law or its individual provisions, for the purpose of temporary deviation from obligations during emergency situations. Examples of the derogation include the actions of Ukraine during armed aggression by the Russian Federation and the actions of European countries during the COVID-19 pandemic. Abrogation (abolition) means the cancellation or change of an outdated law or agreement. The term has its roots in Roman law, where various forms of abrogation existed. Over time, repeal has evolved into a legal tool that allows governments to repeal outdated laws or make changes without having to maintain the application of the previous rule. Contemporary applications of abrogation include criminal procedure law, where proceedings can be dismissed if charges are not proven, and international procedures, such as pardons or amnesties, which allow convicts to be released without overturning the sentence. It has been established that the term "nullification" is used both in the legal and economic spheres, and means the deprivation of documents of legal force or the recognition of securities as invalid. The historical practice of nullification is considered, starting from the formation of the confederation of North American states, attempts to conclude a new union treaty between the republics of the USSR in 1991, and centrifugal tendencies in the European Union. In modern conditions, as the example of Ukraine with Russia shows, the nullification of treaties can serve to protect national interests in response to external challenges. In conclusion, the author concludes that these legal mechanisms are important for ensuring legal stability and adaptability, allowing to respond to emergency situations and social challenges without violating the basic rights and freedoms of citizens.

The Scottish Human Rights Bill and UN Treaty Monitoring Bodies: How Should Scottish Decision-Makers Treat “International Materials”?

The Scottish Human Rights Bill and UN Treaty Monitoring Bodies: How Should Scottish Decision-Makers Treat “International Materials”?

Inter-State Communications before UN Human Rights Treaty Bodies: Testing the Waters for Collective Communications

Abstract The awakening of inter-state communications with the first ever three cases before the Committee on the Elimination of Racial Discrimination in 2018 has inspired new avenues of research about their potential and shortfalls. This article opens a new line of exploration, considering the mechanism’s potential as an avenue for collective action at a time when many States are responding to violations of international law, even when not directly affected by those violations. Those responses have included massive third-party interventions (Ukraine v Russia), and the initiation of proceedings before the icj by States not directly injured (The Gambia v Myanmar, Canada and the Netherlands v Syrian Arab Republic, South Africa v Israel). This article argues that enabling collective inter-state communications before UN treaty bodies could strengthen the mechanism as an avenue for treaty compliance and the protection of human rights, and for amplifying sovereign voices as part of peaceful dispute settlement processes.

Rules of European Union’s State Aids for Air Transportation Sector in Terms of Article 107 of the European Union Treaty

Rules of European Union’s State Aids for Air Transportation Sector in Terms of Article 107 of the European Union Treaty

Internal market governance by consensus rather than conflict? Common Frameworks and the potential for positive harmonisation

This article connects theories of positive and negative harmonisation with perspectives on self- and shared rule to examine emerging approaches to managing domestic (ie intra-United Kingdom (UK)) trade post-Brexit. Our particular focus is on a new tool of governance: the Common Frameworks – a consensus-based collaborative intergovernmental approach to policymaking in areas of devolved competence previously falling within the scope of the European Union Treaties. We explore the potential of the Frameworks as instruments of positive harmonisation with reference to emerging practice and consider their relationship with the United Kingdom Internal Market Act 2020. Our analysis unmasks internal market governance post-Brexit as a contested space, reflecting deepening divisions between the UK and devolved governments regarding self- and shared rule under the UK’s territorial constitution. We identify three key drivers of contestation: a lack of consensus on the UK internal market as a regulatory object; changes in political context; and enduring structural and attitudinal imbalances favouring political control from the centre.

Serbian-Montenegrin relations and the prospect of the creation of the Balkan Union in 1904-1905

The article is devoted to the analysis of the prospects for the creation of the Balkan Union in 1904-1905, the idea of which arose under the influence of the aggravation of the international political situation in connection with the Eastern question, as well as due to the beginning of the Ilinden uprising in Macedonia. This was the first attempt in the twentieth century by young Slavic states to unite and coordinate joint foreign policy goals in the fight against the Ottoman Empire. The main sources of research are the diplomatic documents of the Balkan countries, as well as reports from Russian diplomats, the analysis of which led to the conclusion that the agreements reached during the negotiations between Serbia, Bulgaria and Montenegro, although they did not lead to the final formation of the alliance, still played a major role in the future and formed the basis of the Balkan Union of 1912-1913. They also stressed the role of the Russian Empire as an arbitrator in inter-Balkan relations. The main focus of the article is on analyzing the Serbian-Montenegrin negotiations aimed at concluding a union treaty between the countries and strengthening bilateral relations, which became possible after the change of the ruling dynasty in Serbia. Despite the fact that at first Serbian and Montenegrin politicians highly appreciated the importance of possible agreements, later negotiations failed due to serious disagreements between the parties on the issue of future territorial delimitation in the event of victory over the Ottoman Empire and the inability to work out a compromise text of the treaty. The conducted research made it possible to significantly complement and expand the picture of the Serbian-Montenegrin and inter-Balkan negotiations of 1904-1905 and to conclude that during this period conditions had not yet developed for rapprochement and coordination of foreign policy goals between the Slavic countries of the Balkan peninsula, and the beginning of negotiations on the formation of the Balkan Union was dictated to a greater extent by the temporary aggravation of the situation in connection with the uprising in Macedonia.

Global Plastic Pollution and the Transition Towards a Circular Economy: Lessons from the EU’s Legal Framework on Plastics

Since the 1950s, billions of tons of primary plastic waste have been generated around the globe to date. Instead of the current linear make-use-dispose plastic economy, a circular plastics economy is said to be able to reduce plastic pollution in the environment. Recently, the United Nations Environment Assembly adopted a resolution to forge a globally binding treaty addressing plastic pollution by addressing the full life cycle of plastics and by taking such a circular approach. A circular approach for plastics has already been adopted by the EU. Therefore, this contribution sets out some lessons that the UN Treaty can learn from the implementation of the EU’s circular approach for plastics. These relate to the restriction on placing on the market of certain plastic products, the introduction of ecodesign requirements and the establishment of EPR schemes. The EU legal framework on plastics shows that it is important to take into account the inherent interlinkage between not only plastic life cycle stages, but also between the different provisions and obligations, in order to maximize the contribution to and unlock synergies in tackling plastic pollution.

Risks and benefits of sharing patient information on social media: a digital dilemma.

Social media (SoMe) has witnessed remarkable growth and emerged as a dominant method of communication worldwide. Platforms such as Facebook, X (formerly Twitter), LinkedIn, Instagram, TikTok, and YouTube have become important tools of the digital native generation. In the field of medicine, particularly, cardiology, attitudes towards SoMe have shifted, and professionals increasingly utilize it to share scientific findings, network with experts, and enhance teaching and learning. Notably, SoMe is being leveraged for teaching purposes, including the sharing of challenging and intriguing cases. However, sharing patient data, including photos or images, online carries significant implications and risks, potentially compromising individual privacy both online and offline. Privacy and data protection are fundamental rights within European Union treaties, and the General Data Protection Regulation (GDPR) serves as the cornerstone of data protection legislation. The GDPR outlines crucial requirements, such as obtaining 'consent' and implementing 'anonymization', that must be met before sharing sensitive and patient-identifiable information. Additionally, it is vital to consider the patient's perspective and prioritize ethical and social considerations when addressing challenges associated with sharing patient information on SoMe platforms. Given the absence of a peer-review process and clear guidelines, we present an initial approach, a code of conduct, and recommendations for the ethical use of SoMe. In conclusion, this comprehensive review underscores the importance of a balanced approach that ensures patient privacy and upholds ethical standards while harnessing the immense potential of SoMe to advance cardiology practice and facilitate knowledge dissemination.

Internal market governance by consensus rather than conflict? Common Frameworks and the potential for positive harmonisation

This article connects theories of positive and negative harmonisation with perspectives on self- and shared rule to examine emerging approaches to managing domestic (ie intra-United Kingdom (UK)) trade post-Brexit. Our particular focus is on a new tool of governance: the Common Frameworks – a consensus-based collaborative intergovernmental approach to policymaking in areas of devolved competence previously falling within the scope of the European Union Treaties. We explore the potential of the Frameworks as instruments of positive harmonisation with reference to emerging practice and consider their relationship with the United Kingdom Internal Market Act 2020. Our analysis unmasks internal market governance post-Brexit as a contested space, reflecting deepening divisions between the UK and devolved governments regarding self- and shared rule under the UK’s territorial constitution. We identify three key drivers of contestation: a lack of consensus on the UK internal market as a regulatory object; changes in political context; and enduring structural and attitudinal imbalances favouring political control from the centre.

Addressing the Proliferation of Anti-Personnel Mines

Anti-personnel mines, first used in World War II, continue to be a persistent threat to life up to today. With technological advances, landmines have been easily deployed and difficult to detect, and an estimated 25,000 km2 is currently considered contaminated with landmines. Widespread in Egypt, Afghanistan and Iraq, these landmines have resulted in great humanitarian and economic devastation and continue to do so presently. For example, Egypt witnessed 19 casualties per day due to landmines in 2020. Further, given their low cost and ease of use, non-state armed groups (NSAGs) are currently liberally using landmines. Globally, the estimated cost to clear landmines is around $50-$100 billion, with the countries most affected unable to afford these costs. In this study, we discuss the history of use, efforts to curb, and current deployment of landmines. The economic factors connected with anti-personnel mine use are discussed, including the cost associated with procuring and clearing landmines. The multifaceted ways that landmines impact economic growth are detailed, including the cost of emergency and long-term medical care, loss of infrastructure and farmland, and barriers to accessing education, health care, and employment. The study particularly focuses on Afghanistan, Cambodia, Egypt, Iraq, Myanmar and Russia. The role of the International Committee of the Red Cross in assisting victims, building awareness, and supporting governments is discussed. Events from 1939 to the current day are examined, as are the relevant UN treaties and events from the Anti-Personnel Mine Ban Convention, 1997, to the present United Nations Mine Action Strategy (2019-2023). The treaties are discussed in the context of their effectiveness and impact, particularly on NSAGs. Several proposed solutions are presented and examined for their potential feasibility and effectiveness, including awareness building, technological approaches and international coordination. There is an urgent need to bring landmines to our conversation in order to address their continuing threat, and this study aims to do the same.

Urgent and long overdue: legal reform and drug decriminalization in Canada

The International Guidelines on Human Rights and Drug Policy recommend that states commit to adopting a balanced, integrated, and human rights-based approach to drug policy through a set of foundational human rights principles, obligations arising from human rights standards, and obligations arising from the human rights of particular groups. In respect of the Guidelines and standing obligations under UN Treaties, Canada must adopt stronger and more specific commitments for a human rights-based, people-centered, and public health approach. This approach must commit to the decriminalization of people who use drugs and include the decriminalization of possession, purchase, and cultivation for personal consumption. In this report, we will first turn to the legal background of Canada's drug laws. Next, we will provide an overview of ongoing law reform proposals from civil society groups, various levels of government, the House of Commons, and the Senate. We end with a three-staged approach to reform and a series of targeted recommendationscr.

The August Coup

“The coup… was a shock to the rest of the world”1 said Mr. Burns. “We began to realize it was possible that the Soviet Union might break up -- might cease to exist. It was unimaginable before that."2 These were Nicholas Burn’s remarks, the director for Soviet affairs during President H.W Bush’s administration, and the fall of the Soviet Union. The August Coup was an attempted coup by 8 hardline conservatives3 to overthrow Mikhail Gorbachev’s rule of the Soviet Union in August 1991. They were opposed to Gorbachev’s reform program of “perestroika” (meaning restructuring), were angered at the loss of control over territories in Eastern Europe and most important of all, were fearful of the New Union Treaty, which would further consolidate power from Moscow to its 15 republics.

IS SUB-SAHARA AFRICA CLOSING THE GENDER INEQUALITY GAPS? A PRINCIPAL COMPONENT-CLUSTER ANALYSIS

Gender inequality in the labor market has long been a source of concern in the global human rights and development agenda, it’s not just a necessary human right but it’s a precondition for economic development. Despite the realization of some MDGs, SDGs, and Agenda 2030 goals, women in SSA continue to be marginalized. Notably, SSA nations have eliminated 66.45 percent of gender disparities in general. The region, in specific, has achieved remarkable strides toward gender parity in education, reducing the gap by approximately 88 percent, 98 percent in health, and 71 percent in economic participation. However, there exist major gender differences in political empowerment, where only 21.8% of the gender gap has been closed. The study recommends that SSA countries should fully implement and live up to the requirements of the ILO and UN conventions and treaties on gender equality for economic prosperity.

Whose Bond Is It Anyway? Interrogating the Tribunal Majority’s Application of Article 25(1) of the ICSID Convention in Adamakopoulos v Cyprus

The Decision on Jurisdiction in Theodoros Adamakopoulos and Others v Republic of Cyprus is now three years old. Alongside Marcelo Kohen’s dissent, this decision triggered much discussion regarding (i) the alleged incompatibility of the relevant bilateral investment treaties (bit s) vis- à- vis the European Union (EU) treaties and (ii) the implications of mass claims brought under icsid Rules. With an award looming on the horizon, it is necessary to address a different aspect of the decision: the majority’s qualification of certain bonds and other indirect expressions of such assets as an ‘investment’ under Article 25 (1) of the icsid Convention. This article will argue that the Tribunal majority’s analysis – relying as it does on a series of incompatible decisions – manifestly fails to establish that contingent convertible Bank of Cyprus and Laiki Bank bonds held by Claimant bondholders qualify as an ‘investment’ under the icsid Convention. The Tribunal majority thereby undermined jurisdiction ratione materiae for a significant class of Claimants, creating an opening for adverse Annulment Committee review upon release of the final award.

UN Human Rights Treaty Bodies Talking to Domestic Adjudicators Through Their Quasi-judicial Work: An Examination of CERD and CEDAW

ABSTRACT: The article examines the merit of UN treaty bodies' accumulated case law as a resource for domestic adjudicators, i.e., courts and quasi-judicial bodies (such as national human rights institutions) addressing human rights complaints at the national level. It has the objective of assessing the extent to which treaty bodies are "talking to" an audience beyond the parties in the case. Starting from a view that sees impact on national adjudicators as the key issue for treaty bodies' rulings on individual complaints, the article assesses to what extent the way that treaty bodies are exercising this role fits in this view. The study's focus is on two UN treaty bodies with a broadly similar output in quantitative terms, the Committee on the Elimination of Racial Discrimination (CmERD) and the Committee on the Elimination of Discrimination against Women (CmEDAW).

The UN treaty against plastic pollution: towards a global filterban?

The UN treaty against plastic pollution: towards a global filterban?

Corporate interests and the UN treaty on plastic pollution: neglecting lessons from the WHO Framework Convention on Tobacco Control

Corporate interests and the UN treaty on plastic pollution: neglecting lessons from the WHO Framework Convention on Tobacco Control