Value Of International Law Research Articles

International standards and regulatory aspects of the right to education

It is indicated that the right to education is a fundamental natural right of a "second generation” person, a significant sphere of life of people, states and the entire world community, the implementation of which contributes to socio­economic development and even comprehensive development of the individual. The importance of ensuring the right to education is due to the fact that this right is considered in two aspects: as the right to education itself; as a means to realize other human rights in relation to the goals of sustainable development. Despite the special significance of the realization of the right to education, at today's stage, the problem of ensuring access to education for all remains acute and relevant for many states. In addition, the lack of a universal model of education at the international level causes a significant disparity in ensuring access to education in different states, which necessitates international legal cooperation.
 The article is devoted to the study of the value characteristics of education in the international aspect. Based on the analysis of international and regional acts, education is presented by the author as a value of international law, which contributes to the reflection of actual issues of the implementation of the constitutional right to education. The author comes to the conclusion that the role of international cooperation in the field of education is growing, affecting the broadest strata of the population of the entire globe. Special attention is paid to understanding the principle of equality of the right to education. An analysis of international acts in the field of equal right to education is carried out. The development of the right to education in modern conditions of the development of statehood is indicated. The main directions of international legal cooperation in the field of ensuring the right to affordable and quality education for all are considered. The problems of ensuring the right to education at the universal level are highlighted, including those related to changes in the education system caused by the Covid-19 pandemic. The purpose of the work is to identify the features of the international legal mechanisms for ensuring the right to education, which was achieved with the help of general scientific (dialectical method, methods of analysis, synthesis, induction, deduction) and private scientific methods (legal analysis, comparative legal method) which used in the work. The formulated conclusions show the need for further improvement of international cooperation of states in the field of providing affordable and high-quality education for all, taking into account the conditions of modern society. The obtained results of the study confirm the importance of the right to education as international and national law, and even the influence of international standards of education on domestic mechanisms of its implementation.

MONDIALISATION DE LETAT DE DROIT : UNIVERSALITE ET EQUIVOCITE

Since the end of the bipolar order, the rule of law, as political and ethical values, has externalized the internal sovereignty of States to impose itself as values of international law. This movement of globalization of the rule of law has been materialized through several constitutions and is found in several universal instruments thus marking the reception of the rule of law by the international legal order. However, the question of the normative universality of the rule of law comes up against certain ambiguities. Through an analytical-critical approach, our work will consist in demonstrating that despite the limits of universal applicability of the rule of law, it represents an inherent dimension of human nature.

International Law and the Securitisation of Peacemaking: On Chapter VII, the Security Council and the Mediation Mandate in Yemen

Abstract Peace mediation as a form of peaceful settlement of disputes has evolved significantly in the past 20 years, moving away from an informal process between parties towards a more structured undertaking rooted in norms and values of international law. Sitting between Chapter VI and Chapter VII of the UN Charter, mediation is an underexplored aspect of the collective security regime in international law. Surprisingly little attention has been paid to the role of the UN Security Council (UNSC) and the exercise of legal authority under Chapter VII in shaping mediation mandates. This article addresses this gap by developing a theoretical framework for understanding the role of UNSC in the construction of security in the context of peacemaking. Using the mandate of the Office of the Special Envoy for Yemen as a case study, the article traces the progression of the mediation mandate a set out in the UNSC resolutions, interrogating the shift in discourse from UN support for an inclusive political transition into a narrower focus on hard security and the international response to the threat of terrorism. Through this analysis the article demonstrates how the place of UNSC within the Charter system allows for a gradual securitisation of the peace mediation process at the expense of inclusive approaches. At a time when consensus on collective security appears to be weakening the role of the UNSC in constructing and responding to global threats is of significant interest to the future of Charter-based international peace and security.

PECULIARITIES OF THE INTERRELATION BETWEEN INTERNATIONAL LAW AND MORALS IN TIME OF MODERN CHALLENGES

The article highlights the issue of interrelation of morality and international law in today’s challenges. It is pointed out that modern research is characterized by a variety of concepts and theories, which can be reduced to three approaches: denial of universal moral values as the basis of international law (positivism and realism), recognition of the most important moral norms as the fundamental foundations of international law (natural law approach) and correlation of rights and moral in various forms as a social fact (sociological concepts).The author proceeds from the fact that morality, which has become a fundamental basis of international law, without a sense of law is not able to ensure compliance with international law. The degree of observance of international law largely depends on how high its authority, how it corresponds to the legal culture of a particular society and how it expresses in the minds of people universal values and interests of mankind as a whole.Analyzing the relationship between morality and international law, the author highlights such issues as: moral principles and values of international law, the moral factor in the lawful and illegal behavior of international law, the relationship between international morality and power, international legal morality, war and intercivilizational conflicts. In order to better understand the state of modern international law, these issues are covered on the example of modern challenges: the Yugoslav events(the bombing of Kosovo in 1999), Russia’s aggression against Georgia and Ukraine, the Covid pandemic19 and others.The author argues that the international law of the XXI century under the influence of universalism, the process of globalization, human rights should develop in response to new challenges a system of truly equal relations based on universal moral principles and by overcoming the monopoly of states. The creation of a fair world order is impossible without the development of a clear code of conduct for states in the international arena. The reform of international law must be accompanied by the creation of new, effective and even rigid influencing mechanisms for state-violators of this code

Concept and Position of Peremptory Norms (Jus Cogens) in International Law: A Preliminary Study

Peremptory norms or jus cogens hold a unique position in international law. Unlike customary international law and treaty law, they abide no derivation and bind all states regardless of their willingness to be bound. Some scholars had elaborated fundamental theories to answer the theoretical background of jus cogens. However, they have never reached a satisfactory result. This study aims to elaborate the theoretical background of jus cogens and to observe the relationship between jus cogens, obligation erga omnes, and customary international law. The positivists recognize that jus cogens is an imperative norm within state practice and opinio juris. The positivist theory is not in line with the concept that jus cogens bound to states without their consent since every state has their sovereignty and cannot be bound by any kind of provision without consent. The proponents of the natural law theory stated that peremptory norms are inherited from the tradition of natural law so that it is the highest norm in international law that directly binds countries. On the other hand, the public order theory states that international law recognizes important (imperative) norms, which are hierarchically higher than ordinary norms and customary international law to advance the interests of the international community and to preserve the main values of international law. The three theories are considered insufficient to answer the philosophical basis of jus cogens. In its development, therefore, some new theories have been developed to challenge the basis of jus cogens.

Remarks By David D. Caron

In my lecture, I address an issue that is underappreciated, certainly not addressed, yet critically important to what international law values—the theme of this year's ASIL Annual Meeting. To put the topic in dramatic terms, it is that scene at a dinner party where all appears serene but then a seemingly minor comment gives rise to a harsh response; it is that moment when there is a glimpse of a serious disagreement beneath the surface that has bubbled up unexpectedly.

The Purpose of International Law Is to Advance Justice—and International Law Has No Value Unless It Does So

The central topic of this year's annual meeting of the American Society of International Law has been “What International Law Values,” restated more forcefully in the title of this panel, “The Value and Purpose of International Law.” Notice the underlying assumption: that international law has value and serves some useful purpose. This premise is important because it supplies the basis on which international law seeks to secure our obedience and respect. We have no reason to obey or respect international law unless international law has some value or serves some useful purpose. This leads us to consider what this value and purpose might be. Which values and what purpose does international law exist to serve? Or, more important, which values and purpose would international law have to serve or advance if it were to deserve our obedience or respect? The answer can be given in one word: justice. Justice is the value that justifies or could justify international law, and justice is the purpose that international law properly seeks to serve and protect.

Аксиологический подход в международном праве

The article is devoted to the study of the question of the values of international law, in particular the value of regional integration and cooperation of states. The author analyzes the approaches to the definition of value in terms of the classical approach (“Value as a property of the valued object or as a sample on the basis of which the evaluation shall be made”) and non-classical approach (“The relationship between the object and the statement of what should be an object”). The article discusses the formation of axiology and contribution to its development of R. G. Lotze, V. Windelband, G. Rickert, P. G. Natorp. It is expressed the idea that any axiological analysis should be cultural-historical, because the relation to human values were and remain different in different periods of human history. The author notes that international law is based on the universally valid for all mankind values. They are reflected in the generally recognized principles of international law, customary international law, the universal conventions and declarations. The government and the international community were recognizing gradually the universally significant values. The crisis of international political relations at the present stage threatens the existence of fundamental principles of international law and the values protected by them. However, with the development of globalization, we can talk about the formation of new values — the regional cooperation of states for the achievement of the common good. States are forced to participate in regional integration projects in order to be able to confront the challenges of globalization and to trade with other countries in terms of global competition. The value of integration is gradually “wires” in life through activities of bodies and international officials of interstate integration associations. However the principles of regional integration and cooperation, which include liberalization of the market, free movement of goods and services, non-discrimination of participants trade, are not always clearly interpreted and applied by supranational courts; some basic guidelines are only produced. The interaction of states should be based on common elements of the legal culture, as well as on the idea of the unity of kindred peoples laid down in the legal consciousness. Otherwise integration projects may not enjoy the support of the citizens.

Socializing Students: Law Schools and the Efficacy of International Norms

Why is international law ineffective at times in achieving its aims, such as preventing human rights abuses, forestalling armed conflict, and ensuring global cooperation on matters ranging from the environment to nuclear proliferation? This Article offers original empirical research to support the argument that an important and underappreciated part of the answer lies in legal education. Conducting a global survey on the study of international law at thousands of law schools in over one hundred and ninety countries, the Article reveals significant cross-national disparities in the pervasiveness of international legal training, and draws on other research to highlight similar variations in instructional quality, topical emphases, and ideological orientation. The central claim is that these conditions inhibit the efficacy of international law. In states where training in international law is widespread, rigorous, and supportive of the discipline, universities materially contribute to norm awareness, utilization, and even obedience over the long run. But in the significant number of states where training is unavailable or limited, poor in quality, or critical of global norms, universities have a neutral or opposite effect. Moreover, the fact of cross-national variation in these conditions imposes a systemic limit on the coherence and value of international law. This analysis carries important implications for U.S. law schools, as well as universities and foreign ministries around the world.

Humanizing tendency of contemporary international law

Humanization is not only a new concept and value-oriented, but also an ever-increasing positive phenomena in international law. Contemporary international law has been contributing to the establishment and improvement of global peace and development order for the co-existence among States on the one hand, and making endeavors to the formation and maintenance of humanizing order, which is both “individual-oriented” and “humankind-oriented”. Such a humanizing phenomenon undoubtedly represents the advanced trend of international law, enriches its contents, updates some of its classic branches and impacts on the basic principle of reciprocity on which it is created and developed. However, the humanization of international law could not have taken shape without common accords among States by means of either treaties or customary rules; and without cooperation among States, the humanistic value of international law can never become true no matter how sublime it is.

Annex. Is There Reason to Trust in a Future for International Law?

Dear trustees of the Radboud Foundation, Dear curators, professors, lecturers and assistants at this University, Ladies and gentlemen students, And everyone honouring my acceptance of the professorship with his distinguished presence today, Dear audience! One who was assigned in September 1939 to devote his best efforts to the study of international law, and was asked to arouse the attention of students, that is to say, of a future generation, towards specifically this domain of legal science, will want to reflect on the value of international law in our present time, and on the possibilities for its development. *** In everyday life, the notion of ʻinternational law has become a subject for much ridicule; and the sceptics, who have predicted long since the futility of any attempts to let justice prevail over power, seem to have won the argument. They point to the blind optimism with which, after the World War, the establishment of the League of Nation was hailed and the era of final and enduring peace proclaimed; they remind us of the series of conferences that over the past years have mainly animated the major European coastal resorts, of the increasing piles of paperwork, of numerous designs and reports and resolutions, of guaranteeand non-aggression pacts behind which technicians could bring their national rearmaments to perfection; and they consider it a proven fact that government officials, who allowed themselves in practical politics to be led by faith in the novel legal developments, have fallen victim to dangerous idealism. There truly is every reason for modesty. *** By way of defence, one may undoubtedly point to the fact that there are vast areas of human society in which international law is being respected: a large and impressive majority of the over 4500 treaties registered in Geneva from May 1920 up to September 1939, are being adhered to, and signify in themselves the existence of a legal order amidst the numerous complex relations pursued on the international plane; however,

Technology and International Negotiations

International law needs to respond to the dual pressures for change brought on by rapid technological development and the promulgation of the “New International Economic Order.” While a number of major international negotiations have been mounted in recent years to respond to these pressures, all of them have failed to meet expectations. The value of international law in shaping and stabilizing international behavior will certainly diminish unless the performance of these international negotiations is improved or other methods for effectuating change are found. It is the purpose of this article to explore some of the procedures that the international community has used to respond to these pressures and to suggest areas for improvement or further exploration.

The Value of International Law in Occupied Territory

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