United Nations Convention Research Articles

Supported decision-making with persons with dementia: a scoping review protocol in partnership with lived experts

IntroductionThe United Nations Convention on the Rights of Persons with Disabilities asserts that all persons with disabilities have the right to receive the support they require to participate in decisions...

Corruption: From International Law and Ethics to Realpolitik and Amoralism

Abstract In this essay, a philosophical and critical lens is applied to the case of corruption. For reasons having to do with both analysis and assessment of the framework of the only specialized convention at the international level of law, namely the United Nations Convention Against Corruption (uncac), the author takes a closer look at several aspects and areas that somehow fade into the background of the discourse or even fall out of the legal corruption equation itself despite their centrality to the topic. Examples include considerations of market theory, marginalization and discrimination, human rights, ethics, realpolitik, structural violence and corruption prevention, and norms of general international law. The essay also makes use of some country-specific scenarios, in part, to raise questions about possible ‘cracks’ in political governance typology. The essay is divided into two individual articles, Part i: ‘Perspectives on the Corruption Discourse’ and Part ii: ‘The Macro Area’.

Historical and relative dominance of the convention on biological diversity agenda: a case analysis of decisions and recommendations

In contrast to the United Nations Convention to Combat Desertification (UNCCD) and the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on Biological Diversity (CBD) gives developing countries greater bargaining power owing to their abundant natural resources. CBD negotiations tend to be increasingly dominated by agendas related to the CBD’s third objective: benefit sharing. The first and core objective of CBD is biodiversity conservation, but it is often neglected in favor of benefit sharing. To verify this tendency, this study used topic modeling to analyze the recommendations of the subsidiary bodies and decisions made by the Conference of the Parties (COP) over the past 30 years. The study identified the ten most frequently discussed agenda, then determined the relative dominant agenda between the COP and subsidiary bodies. By categorizing the negotiation agendas into strategic decision agendas and operational conservation agendas based on the level of the meeting which the agenda dominated, this study offers a new framework that can be used to understand how strategic and operational factors interact in CBD negotiations. The findings show that biodiversity conservation, the first objective of CBD, is no longer dominant, at least during negotiations. To the best of our knowledge, this is the first comprehensive investigation of all documents generated during CBD negotiations since its inception.

Legal Standards and Dispute Resolution in Exclusive Economic Zone Delimitation: A Critical Analysis of Article 74 of the United Nations Convention on the Law of the Sea

Legal Standards and Dispute Resolution in Exclusive Economic Zone Delimitation: A Critical Analysis of Article 74 of the United Nations Convention on the Law of the Sea

Application of International Law in Tackling Money Laundering

Money laundering has become a complex and challenging global issue, this complexity is compounded by its cross-border nature, which demands effective international cooperation in its handling and the application of international law to be key to comprehensively combating trafficking and preventing the proliferation of proceeds of crime. International law related to trafficking has evolved rapidly in recent decades. Beginning with the 1988 Vienna Convention on Psychotropic Drugs and Psychotropic Substances, various international legal instruments have been formulated to define trafficking, criminalize its perpetrators, and strengthen cooperation between states. For example the United Nations Convention Against Transnational Organized Crime (Palermo Convention) of 2000 and Recommendation 40 of the FATF, In 2022, the Center for Financial Transaction Reporting and Analysis (PPATK) fully disclosed the amount of Money Laundering (TPPU) which reached IDR 183.88 trillion. Indonesia has ratified various international legal instruments related to TPPU and implemented them in national regulations. Law Number 23 of 2003 concerning Money Laundering and Terrorism Financing is the main legal basis in Indonesia. PPATK, as a UIF (Financial Intelligence Unit), plays an important role in collecting, analyzing, and disseminating information related to TPPU to relevant authorities.

Extension in the Airspace of Pakistan – Based on Lack of Harmony Between UNCLOS And ICAO Convention Regarding Distribution of Airspace Over EEZ

This article is -written with a focus on the extension of the airspace of Pakistan from the existing dimension to the extent of the exclusive economic zone which was initially 200NM but now extended to 350NM since 2015 (National Institute of Oceanography Pakistan, n.d.). The stated objective is based on the following agenda points which are further elaborated on in this article: 1) The lack of harmony between the United Nations Convention on the Laws of Sea (UNCLOS) and the provisions of the Convention on International Civil Aviation (Article-12 and Annex-11 of the ICAO Convention) regarding the airspace distribution over Exclusive Economic Zones (EEZ). 2) It is a vested right of the coastal state to regulate the airspace over its EEZ, and if not, then at least all the economic benefits should belong to the coastal state. 3) The difficulties and threats faced by coastal states if they are not provided with the opportunity to regulate their airspace over the EEZ. Based on the stated agenda and the discussion therein, the following results or outcomes are expected:1) The airspace over EEZ could be defined in a more harmonized way in line with all the international laws/bodies for which necessary amendments should be made in the UNCLOS, Article-12 and Annex-11 of the ICAO Convention. 2) Affected countries can approach ICAO through concerned departments/authorities / ANPs either for extension and adjustment of their airspaces over their EEZ or for the acquisition of financial benefits i.e. aeronautical charges or air navigation charges being earned from the airspace over their EEZ.

Title over the territory in establishing the jurisdiction of the International Tribunal for the Law of the Sea in the case of Ukraine v. russia

The article is dedicated to the analysis of the violations of Ukraine's sovereign rights in the maritime areas adjacent to the occupied Crimean Peninsula by the russian federation since 2014. The author examines the legal mechanisms that Ukraine employs to protect its interests within the framework of international law, particularly through appeals to international judicial and arbitral bodies in accordance with the provisions of the 1982 United Nations Convention on the Law of the Sea. Special attention is given to the arbitration proceedings initiated by Ukraine in 2016 against the russian federation, aimed at recognizing the violations by russia related to the unlawful exploitation of natural resources on the continental shelf and within the exclusive economic zone, as well as the usurpation of fishing rights and the transit of Ukrainian vessels through the Kerch Strait. The article thoroughly examines Ukraine's arguments and the position of the russian federation, particularly regarding the jurisdiction of the arbitration. The main issue raised in the article is the refusal of the arbitration to recognize its jurisdiction over the dispute due to the question of Ukraine's sovereignty over the Crimean Peninsula, which significantly complicates holding russia accountable. The practices of the arbitration and the maritime tribunal are analyzed to understand potential avenues for resolving the dispute. This article contributes to the understanding of complex legal issues arising in the context of contemporary international conflicts and offers a critical review of existing legal mechanisms for the protection of sovereign rights of states in maritime areas, using the Ukraine vs. russia case as an example.

Imperatives of Human Right Conservation in the Complacent Fights Against Insurgency in Nigeria

Insurgency is a major problem devilling Nigeria right now, it is a fight that government has been fighting for decades owing to its responsibility in accordance to section 14(2)(b) of the Nigeria Constitution of 1999 (as amended) in providing for the welfare and safety of her people. Regrettably this scourge has hindered a lot of developments in terms of socio-economic enterprises across all geopolitical zones in the country. The more the governments fight against this menace, the more galvanized they become in their daily operations. The Northern part of the country has recorded activities of groups such as Boko-Haram, Islamic State of West Africa Province ISWAP, Fulani killer Herdsmen, kidnapping etc. In the Eastern part of the country, there exists notorious sect like Independent People of Biafra IPOB, Eastern Security Network (ESN) and the unknown gunmen. The Western part of the country recently started gathering momentum in the name known as Yoruba Nation agitators etc. It is germane to say that, not all of these groups sees themselves as insurgence, rather they see themselves as freedom fighters. In the doctrinal research method as well as the field research, adopted in this work, it is discovered that the only major weapon that the Nigerian government is known for in fighting insurgency is the armory, and in using this military method, in bringing insurgency to bay, more humanitarian crisis is usually created, and human right suffers the more. Nigeria being a party to numerous organizations which include the code of conduct for law enforcement officials 1979, International Covenant on Civil and Political Right (ICCPR) and International Covenant on Economic, Social and Cultural Right (ICESR) 1966, as well as the United Nations Convention against torture and other cruel, inhuman or degrading treatment or punishment 1984 etc. Nigeria is directly bound by the provisions in the covenant to protect lives and properties when fighting insurgency in the country. It is the recommendation of this paper that, alternative means that would mitigate the sufferings of civilians be adopted as a right that belongs to them. Therefore the use of arms as the only means to ward off rebellion should be discouraged as it would adversely create more problems for the citizens. Better options to the menace include, Dialogue, Negotiation, Rehabilitation and Reconstruction and a 'one to one’ discussion with the aggrieved would avoid escalation of violence and human right violation in Nigeria.

Adaptation of Physical Environment in Health Care Institutions for People with Disabilities Caused by Musculoskeletal System and Connective Tissue Disease

The UN World Health Organization has set a goal to ensure people-oriented universal, equal, sustainable and high quality health systems which would give priority to prevention of diseases, continuous perfection of quality, integrated provision of services, assurance of continuous care, development of patients’ self-care, relocation of care close to home by 2020. People with disabilities and their opportunities to equally participate in the health system like other citizens occurred in the high focus because over recent decades various international documents acknowledge that, despite various measures and obligations, people with disabilities face violations of their rights in various spheres of living worldwide. The paper presents the research that aimed at investigating the adaptation of physical environment in health care institutions focused on people with disabilities caused by the disease of the musculoskeletal system and connective tissue. The research suggests that people with disabilities caused by the disease of the musculoskeletal system and connective tissue face a greater burden, and the disability has become an obstacle to their enjoyment of human rights and freedoms in the health system. This testifies to the fact that the Lithuanian state does not guarantee this part of its citizens the same quality of health services as other citizens, as provided for in the United Nations Convention on the Rights of Persons with Disabilities (2006).

Empowering the Children through the Eyes of Humanitarian Professionals

According to the United Nations Convention on the Rights of the Child, children should be supported and empowered to express their opinion about their future, lifestyle, and everything related to their existence. This is especially important when kids are in foster care, because they are at a disadvantage. So, the understanding about their empowerment in the decision-making process should be part of the professional qualification, training, rehabilitation, support (as well) at horizontal and hierarchical level for humanitarian professionals. That is why focus groups were organized and held in different geographical regions in Bulgaria during 2021 – 2022, with professionals that are taking care of children with disabilities, abandoned children, gifted children and other children's groups with the aim to understand how professionals understand the process and the right of the child to participate in the decision-making process when part of the social care system.

Virginie Tassin CAMPANELLA, Routledge Handbook of Seabed Mining and the Law of the Sea (Abingdon and New York, Routledge, 2023)

Over the last 70-80 years, historical concerns related to the exploitation and enclosure of the high seas, stemming from Grotius’ Mare Liberum, have become prominent, particularly amid rising mineral resource demand, population growth, and consumption patterns. The United Nations Convention on the Law of the Sea (UNCLOS)1 established regulatory frameworks for all maritime zones. Consequently, the legal framework surrounding deep-seabed mining (DSM) has gained significance. The Routledge Handbook of Seabed Mining and the Law of the Sea, edited by Dr. Campanella, stands out as a recent significant contribution to this field.

Interviewing Asylum-Seeking Children: A Scoping Review of Research to Inform Best Practices.

Immigration interviews with asylum-seeking youth have been largely understudied. In domestic legal settings, children interviewed about abuse and maltreatment provide more detailed, relevant responses when asked open-ended questions and when interviewed in a neutral environment, among other supportive practices. In asylum settings, guidance for interviews with youth derives from the United Nations Convention on the Rights of the Child. It is not clear to what extent best practices are employed during asylum interviews with youth. This scoping review was performed to (a) provide an overview of empirical literature on interviews with children in immigration settings, including border screenings, interviews with representatives, and asylum hearings, (b) explore whether best practices derived from forensic psychology and children's rights are observed in asylum interviews, (c) identify unique interview needs of asylum-seeking youth, and (d) derive implications for research and practice. A scoping review of three databases conducted in October 2023 yielded titles, of which 29 articles met inclusion criteria. These comprised quantitative and qualitative studies in English from 2003 to 2023. Three articles identified were quantitative, and 26 were qualitative. While several articles touched on interview practices and youth's experiences of interviews, only a few examined how asylum-seeking youth responded to different interview factors such as question type and interview setting. Key findings highlight inconsistent application of best practice principles, and several areas where best practices to support asylum-seeking children require clarification through further research.

The Legal Basis and Application Approach of Article 42 of the United Nations Convention on Contracts for the International Sale of Goods

The Legal Basis and Application Approach of Article 42 of the United Nations Convention on Contracts for the International Sale of Goods

Indonesia: Law No. 16 of 2023, Related to the Continental Shelf

Abstract In April 2023, Indonesia passed Law No. 16 of 2023, related to the continental shelf which supersedes Law No. 1 of 1973 which was based on the 1958 Convention on the Continental Shelf. The new continental shelf law aligns Indonesia’s domestic legislation with the United Nations Convention on the Law of the Sea (unclos). The new law also reaffirms the practice of using separate lines for Exclusive Economic Zone (eez) and continental shelf delimitations and explicitly respects previously negotiated delimitation treaties with neighbouring States. However, there are some rules that might potentially diverge from the general practices of States particularly in relation to artificial islands, platforms, and submarine cables and pipelines. This article examines significant aspects and concerns associated with this legislation.

The United States Announcement on Extended Continental Shelf Outer Limits: Implications for the Asia-Pacific?

Abstract On 19 December 2023, the United States Department of State issued an Announcement concerning the outer limits of the continental shelf in areas beyond 200 nautical miles (M) of the coast (the U.S. Announcement), three of which are in the Asia-Pacific region. This article provides the spatial scope of the areas within the limits of the U.S. continental shelf beyond 200 M located in the Asia-Pacific region and examines the implications of the U.S. Announcement for the entitlement of continental shelf beyond 200 M of other Asia-Pacific States. The article briefly describes the requirement for establishing the outer limits of the continental shelf beyond 200 M in keeping with Article 76 of the 1982 United Nations Conventions on the Law of the Sea (unclos). The U.S. Extended Continental Shelf Project is then described before the legal issues arising for a non-State Party to unclos are discussed.

Non-Formal Education for the Inclusion of Unaccompanied Migrant Children in Italy

The number of unaccompanied migrant children (UMC) that landed in Italy on a daily basis was 14,044 in 2022 and 18,820 in 2023 (as stated by the Italian Ministry of Interior). This research study examines Law 47/2017, which implements the United Nations Convention on the Rights of the Child (UNCRC). It ponders inclusive educational models other than formal learning by investigating non-formal education (NFE) that takes place outside formal learning settings, although in synergy with them, for personal and vocational fulfilment. By way of example, a particularly original case study on school children newly arrived in Italy from Ukraine in 2022 is reported herein. Thirty interviews were held in Italy for three years, from 2021 to 2023, with the people in charge of unaccompanied migrant children to investigate the integration actions implemented as well as the use of NFE. Novel data from the education and employment sectors were collected to fill some pre-existing gaps in the literature. The focus group conducted in 2023 with twelve volunteer tutors highlighted data and conclusions that can be cross-checked and generalised on the use of effective operating tools to identify European pathways to peace and democracy, which may be useful in forging new solidarity patterns.

Building resilience of street-connected children during COVID-19: turning rights into practices through CINI method.

This article examines the methods and opportunities for SCC's meaningful participation that recognize their agency and are aligned with General Comment No. 21 (GC21) to the United Nations Convention on the Rights of the Child (UNCRC) on Children in Street Situations (UNCRC, 1989). This article explains the application of CINI's core practice models which explains the child centrality in development practices for "turning rights into practice for children" derived from the Sustainable Development Goals, principles of Human Rights, UNCRC, and General Comment No. 20 (2016). The Institutional knowledge was practiced through child-led action research with street- connected children which resulted in the development of agency among SCC, peer researchers, and child advocates for resilience building within their community during COVID-19. Child in Need Institute (CINI) has been working with SCC since 1989 and has derived a rich body of experience from the interventions. CINI applied participatory approaches to practice, research, decision-making, and policy development; thus, facilitating children in the process of systematically gathering information with their peers, identifying key issues and problems faced by SCC, and securing support from duty bearers that were required for the survival within their situations. Drawing on the approach undertaken and the tools used in the participatory research and advocacy, this article reflects upon the processes and strategies that worked out in facilitating SCC's ability to exercise agency and resilience through evidence generation and advocacy during COVID-19 and the associated lockdown and beyond. Through capacity building on research tools, leadership and communication skills, SCC can build concrete evidence of their vulnerabilities and the gaps that pose as barriers to their access to existing support mechanisms. This evidence helps them to prioritize the solutions that are required to bring changes in their lives and that of their peers, with which they can advocate at different platforms that promote dialogs and negotiations between children and duty-bearers. A participatory research project funded by Wellcome Trust focused on the vulnerabilities faced by street-connected young people and the access to services available to them. It revealed the lack of understanding regarding SCC and their invisibility in data and planning of support services, the gaps in access to healthcare services, the social determinants of health including safety, and their exclusion in platforms for dialogs with duty bearers. They took these issues to local government leaders, service providers, and national and international advocacy platforms; and suggested solutions to local and world leaders to bring changes in their situations. This resulted in a marked increase in the responsiveness of service providers toward SCC during the period of COVID-19, and the increased agency and negotiation skills of peer leaders to support their communities and demand solutions during the period of COVID-19 and associated lockdown.

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.

Opting Out of unclos Tribunals: The Impact of Maritime Delimitation in the Indian Ocean (Somalia v. Kenya)

Abstract On 2 February 2017, the International Court of Justice (icj) handed down its judgment on preliminary objections in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) holding that it may proceed to the merits phase. Kenya had raised an objection rooted in Part xv (“Settlement of disputes”) of the 1982 United Nations Convention on the Law of the Sea (unclos). It contended that the Convention’s dispute settlement system is an agreement on the method of settlement for its maritime boundary dispute with Somalia and therefore falls within the scope of Kenya’s reservation to its optional clause declaration recognizing the Court’s jurisdiction as compulsory. The reservation excludes “[d]isputes in regard to which the parties to the dispute have agreed or shall agree to have recourse to some other method or methods of settlement”. This article provides an analysis of the icj’s interpretation of Part xv of unclos and assesses its potential implications for the Convention’s dispute settlement mechanism.

Dispute Settlement Provisions in the Agreement for Biodiversity beyond National Jurisdiction

Abstract This article explores the dispute settlement provisions of the New Agreement for the Conservation and Sustainable Use of Marine Biodiversity beyond National Jurisdiction (the bbnj Agreement). The history of the discussions behind many of the key features of article 60, are explained. These included whether to allow compulsory dispute settlement, exclusions from jurisdiction and how non-Parties to the United Nations Convention on the Law of the Sea (unclos) would be covered. The article concludes with some possible issues that may arise when the articles are put into practice.