United Nations General Assembly Resolution Research Articles

РОЛЬ ПРОГНОЗНЫХ ИССЛЕДОВАНИЙ В ДЕЯТЕЛЬНОСТИ ПО ДОСТИЖЕНИЮ ЦЕЛЕЙ В ОБЛАСТИ УСТОЙЧИВОГО РАЗВИТИЯ ООН

The article is devoted to the role of forecasting studies in the planning, monitoring and achievement of the United Nations Sustainable Development Goals (SDGs) and specific targets, put together in the UN General Assembly resolution “Transforming our world: the 2030 Agenda for Sustainable Development”. Forecasting and exploring potential development scenarios have been used as a basis for the SDGs development; as an instrument for strategic planning and providing recommendations to national governments; and also as a communication tool, aimed at attracting public attention to potential risks and mobilizing resources and funding. The author also focuses on the enhancement of the system of indicators used for monitoring progress in reaching SDGs and the influence that the Millennium Development Goals (MDGs) and later SDSs are having on the development of tools and methodology for monitoring and forecasting. Violent conflicts remain one of the most critical obstacles in moving towards SDGs, not only causing human deaths and suffering, but also ruining health and education facilities, economies and infrastructure and reversing development trends. Conflicts also are difficult to forecast, though different initiatives aimed and predicting, and ultimately preventing violent conflicts are being developed. Because of violence, data for monitoring and forecasting becomes either difficult to access or not available at all. This creates a risk of overlooking the needs of people affected by conflict due to the lack of reliable data. The article also examines an initiative aimed at forecasting long-term effects of violent conflict on development. There are different dimensions in terms of forecasting initiatives connected to the SDGs. The goals and respective targets themselves are based on the analysis of current trends and identifying possible scenarios of development by 2030. Both optimistic and pessimistic forecasts are used for communication with general public and national governments. Data from different countries can be used for identifying good practices and projecting similar trends on other regions. At the same time, the scale of activities connected to SDGs allows to enhance and streamline collection of data globally, thus providing a basis for future forecasting efforts. About the author: Elena M. Kharitonova, Cand. Sci. (Polit.), Senior Researcher, Sector of International Organizations and Global Political Governance, Department of International Political Problems.

The crime of aggression in international law problems of the development of a universal definition

This article describes the problems associated with violating the principle of non-use of force or threat of use of force in modern international relations (the principle of the prohibition of aggressive warfare). The concept, essence and signs of the crime of aggression have been analyzed. Particular attention was paid to UN General Assembly Resolution 3314 on the definition of aggression and the Rome Statute of the International Criminal Court, which reveals the concepts and essential characteristics of the crime of aggression, as well as outlines the range of acts that should be recognized as committing acts of aggression. It is determined that there are problems in bringing to justice the states and individuals for the crime of aggression, especially when the acts of aggression are committed in a new type of war - a hybrid war. The role and significance of the UN and the Hague International Criminal Court in the mechanism for combating the crime of aggression and bringing the perpetrators to justice is analyzed. The author concluded that today there is an actual problem for adoption the international crime of aggression definition on the universal conventional level. The adoption of such a definition will contribute to preventing international crime of aggression and the efficiency of international law to combat it.

Prospects of exchange of marine technology in the field of ecological and oceanological research

“Global Ocean Science Report: The Current Status of Ocean Science around the World” published in 2017 by the Intergovernmental Oceanographic Commission of UNESCO was a first consolidated assessment of the ocean science and was intended to show the current status of the science in question. One of the important points of the report was a statement that sharing infrastructure and development of new technologies will reduce the cost of field expeditions and stimulate the scientific potential of the countries participating in international cooperation.
 The article studies the possibility of sharing marine technologies associated with marine research activities. It considers the possibility of application of some of the Criteria and Guidelines of the UNESCO Intergovernmental Oceanographic Commission (IOC-UNESCO) when sharing the marine technology in the field of ecological and oceanographic research based on the provisions of international conventions, resolutions, documents of the United Nations General Assembly and IOC-UNESCO. Special attention is drawn to UN General Assembly Resolution “Oceans and the law of the sea" which mentions the issue of marine technology transfer.
 The article studies the definition of the term “marine technology” in the context of the IOC's Criteria and Guidelines on the transfer of marine technology. It determines that the term “marine technology” covers a wide range of subjects including information and data, manuals, guidelines, criteria, standards, reference materials, observation facilities and equipment, computers and computer software, expertise, know-how and analytical methods related to marine scientific research and observation.
 The article also presents the results of the scientific and practical seminar "International Cooperation in the Field of Marine Scientific Research – an Important Factor in the Development of Black Sea Regional Projects of the Intergovernmental Oceanographic Commission of UNESCO and European Union" which took place in Kyiv on October 19, 2017.

Strengthening National Platforms for Effective Use of Science and Technology for Disaster Risk Reduction

The Guiding Principles of the Sendai Framework for Disaster Risk Reduction 2015–2030 state that “(a) Each State has the primary responsibility to prevent and reduce disaster risk, including through international, regional, subregional, transboundary and bilateral cooperation,” and “(b) Disaster risk reduction requires that responsibilities be shared by central Governments and relevant national authorities, sectors and stakeholders, as appropriate to their national circumstances and systems of governance.” The need for a multi-sectoral national mechanism for disaster reduction was recognized during the International Decade for Natural Disaster Reduction (IDNDR) 1990–2000, and the responsibility was inherited to the International Strategy for Disaster Reduction (ISDR). The United Nations General Assembly Resolution 56/195, which was adopted in December 2001, called upon Governments to establish national platforms or focal points for disaster reduction. At the Global Forum on Science and Technology for Disaster Resilience, held in Tokyo in November 2017, a plenary session focusing on National Platforms was organized and ways for the effective integration of the knowledge and expertise available within the national science and technology community in the national disaster risk reduction activities were discussed. This paper examines how the idea of national platform for disaster reduction evolved since the beginning of IDNDR. This paper further reviews and illustrates the previous discussions on National Platforms from 2005 to 2015 as well as existing guidelines on National Platforms. Based on the discussions carried out during the Forum, five recommendations adopted by the Forum are introduced.

Health and dignity of Palestine refugees at stake: a need for international response to sustain crucial life services at UNRWA

The UN Sustainable Development Goals affirm equality and dignity as essential to the enjoyment of basic human rights, including the right to the highest attainable standard of physical and mental health, which promotes global solidarity among all people, including refugees. The UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has provided support to Palestine refugees in Jordan, Lebanon, Syria, the Gaza Strip, and the West Bank since the 1950s. Today, however, conflict and violence, occupation, high levels of poverty, and other social determinants of health jeopardize the wellbeing of Palestine refugees. Health concerns include non-communicable diseases, mental health conditions, and access to hospital care. Additionally, UNRWA is continuing to face a severe funding crisis. Using a historical and health policy perspective, this Health Policy examines UNRWA strategies that facilitate continuous provision of health-care services for Palestine refugees. Given the increasingly volatile environment faced by this population, a multifaceted international response is needed to enable UNRWA to deliver sustainable services to Palestine refugees and avert further loss of life, dignity, and hope, pending a just and lasting solution to their plight in accordance with applicable international law and UN General Assembly resolutions.

Making the dream a reality: how are we going to end fistula within a generation?

Aims: To provide a global overview on progress, successes, challenges/lessons learned, and the way forward towards the UN global vision of ending fistula within a generation.
 Methods: This interactive presentation will feature highlights of the 2018 United Nations Secretary-General's report on "Intensifying efforts to end obstetric fistula within a generation" and the subsequent United Nations General Assembly Resolution A/RES/71/169. 
 Results: Key elements in the Report include linking the call to end fistula within a generation with the achievement of the Sustainable Development Goals (SDGs); integrating fistula with global efforts to achieve universal access to emergency/essential surgery; addressing root causes of fistula; and calling for UNFPA/Campaign to End Fistula to lead development of a new global road map to end fistula within a generation.
 Conclusions: To succeed in ending fistula within a generation, we must galvanize momentum and mobilize the international community to invest and act upon key recommendations of the 2018 Secretary General’s Report on fistula. These include: strengthening health systems; implementing and monitoring cost national strategies for eliminating fistula; including fistula into national SDGs implementation plans; strengthening national task forces for fistula; securing significantly increased, predictable, sustained, and adequate financial support; strengthening awareness-raising and advocacy; and improving research, data collection, monitoring and evaluation to end fistula and make the “invisible”, visible.

Connectivity modelling of areas closed to protect vulnerable marine ecosystems in the northwest Atlantic

Over the course of the past decade, in response to United Nations General Assembly resolutions calling for the protection of vulnerable marine ecosystems (VMEs), the Northwest Atlantic Fisheries Organization has closed 14 areas around the high-seas portion of Grand Bank and Flemish Cap to protect deep-sea coral and sponge habitats from impacts by bottom-contact fishing gears. Structural and functional connectivity for those areas were not explicitly considered in the area-selection process. We applied a particle-tracking model in each of four seasons to produce dispersal trajectories at the surface and 100 m from start points within the closed areas. These were run in forecast and hindcast modes to identify dispersal kernels. Currents at the surface, 100 m, 1000 m and “on bottom” were examined under an independent model (NEMO) to infer structural connectivity among the areas at relevant depths not available in the particle-tracking model. Spawning times and planktonic larval duration of the dominant sponges, sea pens and gorgonian corals were then considered to evaluate the trajectories as bio-physical models, while species distribution models identified potential source populations from hindcast projections. Five of the 14 areas, including the three largest closures, showed particle retention, with three others showing retention within 10 km of their boundaries. The regional pattern of currents and their topographic forcing emerged as a strong structuring agent. A system of weakly-connected closed areas to protect sea pen VMEs on Flemish Cap was identified. The conducted approach illustrates the added value of assessing/modelling networking properties when designing MPAs.

THE LEGAL STATUS OF JERUSALEM IN ISRAEL-PALESTINE CONFLICT AFTER DONALD TRUMP’S STATEMENT: IN TERMS OF INTERNATIONAL LAW

<p>Jerusalem is a holy city for three celestial religions involved in Arab-Israeli conflict, which has lasted for approximately 70 years. Due to its strategic geographical conditions, Jerusalem is taken into account in politic, economy, and security affairs. Since 1967, the status of Jerusalem has been de facto occupied and controlled by Israel, not clearly de jure. The UN established the UN General Assembly Resolution 181 on the division of Palestinian territory. However, Israel did not comply with that. Such tension became further heated after the US President, Donald Trump, in his statement on December 2017, formally recognized Jerusalem as the capital city of Israel. This decision evoked discontent from leaders across the world as it threatened the stability across region and destroyed the prospect of achieving peacefulness between Israel and Palestine. Although this statement is a form of recognition of sovereignty, it is considered against the principle of estoppel.</p>

Agreeing to disagree on what we have or have not agreed on: The current state of play of the BBNJ negotiations on the status of marine genetic resources in areas beyond national jurisdiction

United Nations General Assembly Resolution 69/292 has committed States to develop an international legally binding instrument under the 1982 United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). The instrument must address a ‘package deal’ including questions relating to access and benefit sharing in relation to marine genetic resources (‘MGRs’) in areas beyond national jurisdiction (‘ABNJ’). This paper examines the recommendations to the UN General Assembly of the recently convened Preparatory Committee (Prep-Comm) to negotiations of the international instrument relating to MGRs. It examines the less controversial issues which in the words of the Prep Comm includes “non-exclusive elements that generated convergence among most delegations” and notes significant areas of agreement and some consequences of agreement on those points. This includes the preamble to the proposed instrument, its geographical scope, material scope, relationship to UNCLOS and other instruments and frameworks (globally and regionally). The second part of the paper then goes on to examine in detail some of the main issues on which there is a divergence of views including the ideological divide over the purported common heritage of mankind status of such resources, regulating access, the nature of the resources covered by the proposed instrument, what benefits are to be shared, the relationship with intellectual property rights and monitoring of the utilization of MGRs in ABNJ.

Intergenerational Equity and the Sustainable Development Goals

The contribution of the present research is to link the global consensus in international legal scholarship on the principle of intergenerational equity to the Sustainable Development Goals (SDGs). The methodology used is, first, to provide a literature review of theories of intergenerational equity developed in international law scholarship, followed by a textual analysis of the United Nations General Assembly (UNGA) resolution that contains the SDGs. To place the SDGs in their proper context, an overview is provided of the most important declarations on sustainable development of the United Nations General Assembly (UNGA), and outcome documents of the most important World Conferences on sustainable development organized under the auspices of the United Nations. Two general conclusions can be drawn from the present research: in international law scholarship and in the SDGs and previous declarations, the earth is generally seen as a resource, to be used by present and future people, and not as something warranting respect regardless of its worth to human beings. Second, the main challenge is to find a proper balance between intergenerational equity—present and future people—and intragenerational equity—the rich and the poor of the present generation.

The Legal Status of Jerusalem in Israel-Palestine Conflict After Donald Trump’s Statement: In Terms of International Law

Jerusalem is a holy city for three celestial religions involved in Arab-Israeli conflict, which has lasted for approximately 70 years. Due to its strategic geographical conditions, Jerusalem is taken into account in politic, economy, and security affairs. Since 1967, the status of Jerusalem has been de facto occupied and controlled by Israel, not clearly de jure. The UN established the UN General Assembly Resolution 181 on the division of Palestinian territory. However, Israel did not comply with that. Such tension became further heated after the US President, Donald Trump, in his statement on December 2017, formally recognized Jerusalem as the capital city of Israel. This decision evoked discontent from leaders across the world as it threatened the stability across region and destroyed the prospect of achieving peacefulness between Israel and Palestine. Although this statement is a form of recognition of sovereignty, it is considered against the principle of estoppel.

Towards Building the Indigenisation Theory: The Zimbabwean Resource Management Perspective

The dearth of studies to establish the line of fit for the indigenisation policy in Zimbabwe and the enactment of the Zimbabwe Democracy and Economic Recovery Act [S.494] [ZIDERA]1 by the United States of America [USA] to challenge the government of Zimbabwe`s land reform and indigenisation policies motivated the production of this paper. Policy makers, members of the public, politicians, new farmers and other influential business pundits in Zimbabwe participated in the study. The study used non-experimental descriptive research design combining the deductive and inductive research approaches to be comprehensive. A desk review of secondary sources such as the indigenization Act [Chapter: 14:33]2, publications, policy guidelines and other relevant material was sought to establish the theoretical proposition. Questionnaires and interviews were the main research instruments. The study findings were that developing countries were getting impoverished whilst developed countries were getting enriched by the way poor states got integrated into the world system. The basis of this result is that poor countries depend on exports of primary products whilst rich nations export processed goods to poor countries at exorbitant prices, thereby deepening the poverty level. This violates the United Nations General Assembly resolution [1803.[xvii]3 which entrenches the Principle of Permanent Sovereignty over Natural Resources.(PPSNR).To correct the imbalance, the study conclusion supports the need to indigenize the economy, but with a policy shift on the modalities in the configuration of the policy framework. The study also recommends the adoption of the Line of Fit theory in which indigenisation policy consideration focuses mainly on product beneficiation than continual exports of primary products. This indigenisation model need to embrace a 360 model which embraces mainly indigenized education systems, indigenized economic models, indigenized financial and management literacy and an indigenized corporate governance policy document for Zimbabweans and the removal of sanctions by the United States of America to give a chance to Zimbabweans to grow the economy to a 100 billion mark by 2030.

The truth in international criminal trials: A chance to write history?

Since it was first addressed as the right to know the fate of missing and dead persons under international humanitarian law, the idea of a ‘right to truth’ has gradually expanded into other fields of law such as human rights law and international criminal law. Though this right has not been codified in a legally binding instrument of international law, the Human Rights Council (HRC), as the monitoring body of the International Covenant on Civil and Political Rights (ICCPR), has interpreted that there is a right to truth and that it is a development of the right to remedy. This has been the theme of various of its Resolutions. The United Nations General Assembly Resolutions are no different as they also understand the truth as a right. The jurisprudence of the European and Inter-American Courts of Human Rights similarly recognized the right to truth, this time, as an extension to the right to access to justice. It is because of this wide recognition that some commentators, including Yasmin Naqvi, researcher at the ICRC, consider this right to be a general practice of international law which grants it the status of a norm of customary law. But, even if considered a right because of its customary status, what does the right to truth entail? What is its content? What are its contours? These are questions that remain unanswered.

Oceans of Opportunity and Challenge

Marine areas beyond national jurisdiction cover approximately forty percent of the planet’s surface. They host abundant marine biodiversity, which is under increasing pressure from activities such as fisheries and shipping as well as multiple sources of marine pollution and climate change impacts. The process initiated by the UN General Assembly (UNGA) Resolution 69/292 to develop the elements of an international legally binding treaty (ILBI) for conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ) has the potential to contribute to a more integrated and cross sectoral system of oceans governance at a global and regional scale. This article reviews the outcome of the Preparatory Committee meetings on the ILBI including areas of convergence and divergence among the negotiating parties. As the process enters the inter-governmental conference phase, it also examines how the anticipated ILBI might enhance existing ocean governance frameworks.

Impact of UN General Assembly Resolutions on the Circulation and Use of Weapons on Earth and in the Cosmos

Impact of UN General Assembly Resolutions on the Circulation and Use of Weapons on Earth and in the Cosmos

The upcoming UN general assembly resolution on tuberculosis must also benefit children.

The upcoming UN general assembly resolution on tuberculosis must also benefit children.

Количественный анализ феномена геополитического плюрализма постсоветского пространства

Twenty-five years have passed since the collapse of the Union of Soviet Socialist Republics (USSR), which led to the disruption of the regional check-and-balance system aimed at resolving national issues and political and socioeconomic contradictions. It also resulted in a number of armed conflicts, including those in the Chechen Republic, Nagorno-Karabakh, Transnistria, Tajikistan, Abkhazia, South Ossetia and later in the South-East of Ukraine.Immediately following the collapse of the USSR, key international actors paid special attention to the Commonwealth of Independent States (CIS) region while trying to secure own interests. This led to the further stratification of the CIS region. A “geopolitical pluralism” started to form there, marked by the fragmentation of nation-state sovereignty over the territory.The concept and policy of “geopolitical pluralism” as developed by Zbigniew Brzezinski meets the interests of the United States by making the CIS region more manageable, while at the same time making it more difficult for Russia to implement its own strategic tasks there. The key goal of Russia is the creation of an integrated economic and political union able to take a rightful place in the world. Only the development of deep and comprehensive integration with the CIS states can ensure the competitiveness of Russia’s position in the world as well as the positions of its partners in the former Soviet space.The purpose of this article is to assess the level of geopolitical pluralism in the CIS space taking account of the membership of the CIS countries in international organizations and their voting on UN General Assembly resolutions. The study is based on the interconnection of quantitative and qualitative methods of analysis of international relations and world politics.During the past quarter century following the collapse of the Soviet Union, a regional system of international relations has formed in its place. Despite the fact that the CIS is a kind of linking element which unites most of the former Soviet republics, a certain competition between the new states has become the characteristic feature of the political relations in the region.The policy of the west (primarily the United States) became a kind of a branched, diversified strategy aimed at the phased development, transformation and fragmentation of the region. The diversity of foreign policy priorities among the CIS states and the presence of many actors in the region makes mutual understanding and good-neighbourliness between these countries difficult to achieve. To the contrary, this diversity seriously complicates and slows down the development of deep and comprehensive integration, making it more unstable and ineffective.The research was carried out with the financial support of the Russian Foundation for Basic Research in the framework of the scientific project RFBR-CASS No. 17-27-21002.

Global Geodetic Reference Frame and the United Nations General Assembly Resolution

Global Geodetic Reference Frame and the United Nations General Assembly Resolution

The High Seas Freedom to Lay Submarine Cables and the Protection of the Marine Environment: Challenges in High Seas Governance

The freedom to lay submarine cables and pipelines, one of the most venerated high seas freedoms under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), faces an uncertain future under the new international legally binding instrument (ILBI) being negotiated in the United Nations. UN General Assembly Resolution 72/249, authorizing the intergovernmental conference for the new ILBI, does not expressly mention submarine cables or pipelines but states that “the work and results of the conference should be fully consistent with the provisions of” UNCLOS. The issues in a new ILBI that are likely to have an impact on the freedom to lay submarine cables and pipelines in areas beyond national jurisdiction are (1) area-based management tools, and (2) environmental impact assessments (EIAs), which are mechanisms used to protect and preserve the marine environment and biodiversity. The challenge for high seas governance (and indeed, the perennial challenge for the law of the sea) is how to balance these two ostensibly competing, but equally valuable, interests: the protection of the marine environment and biodiversity and the high seas freedom to lay submarine cables in areas beyond national jurisdiction.

The Constitution of the Russian Federation and International Law: Theoretical Approach to the Concept of "Generally Recognized Principles and Norms of International Law", or On the Principles of law in General and on Principles in International Law

In the light of various concepts that exist and are widely used in domestic theory of international law, the term and the category 'generally recognized principles and norms of international law' have become an integral part of the Russian contemporary justice in a whole due to the provisions of the 1993 Constitution of the Russian Federation. There is no exaggeration or subjectivism in this assertion, since both the general theory of state and law and the branch legal sciences in our country transpose this concept in every way, believing obviously that the theory of international law itself has managed to elucidate whatever possible this term. It remains no more but to analyze the individual salient features of its application in domestic law - constitutional, criminal, civil, administrative, labor, etc. However, it is the international legal science that has not yet become able to define the substance and scope of the generally recognized principles and norms as part of the said system of law and to correlate, in the light of the results as achieved, to other categories and concepts immune to International Law. The main reason for this is the absence of unconditional confirmation of the term under consideration by positive law - it is neither fixed in the UN Charter nor in the UN General Assembly resolution Declaration on principles of international law concerning friendly relations and cooperation among States in accordance with the Charter of the United Nations of October 24, 1970. The same is to be referred to the Final act of the Conference on Security and Cooperation in Europe dated of August 1, 1975, although it would be mistakenly to assume that it is in general compatible with contemporary international law. A secondary factor contributing to such a state of things lives in the discrimination of approaches from the end of domestic and foreign doctrines, as well as in the lack of unanimity within each of them.