A Global Legal Instrument for Alcohol Control: Options, Prospects and Challenges

2020 ◽  
pp. 1-15 ◽  
Author(s):  
Gian Luca BURCI
Keyword(s):  
International Relations ◽  
International Law ◽  
Social Impact ◽  
Theoretical Models ◽  
Legal Framework ◽  
Control Measures ◽  
Present Contribution ◽  
International Convention ◽  
Political Processes ◽  
Alcohol Control

Alcohol is the sole major psychoactive substance with a huge negative public health and social impact without some form of international control grounded in a binding treaty. While existing rules of international law, in particular in the economic field, favour liberalisation and may hinder strong national alcohol control measures, we may be witnessing a turning of the tide due to the growing mobilisation against non-communicable diseases. The Framework Convention on Tobacco Control has been a ground-breaking development in this sense, and has led policymakers and advocates in a number of countries to raise the possibility of a similar convention on alcohol control. The present contribution compares tobacco and alcohol from this perspective and considers the feasibility of a dedicated international convention. It concludes that the political prospects of a movement in this direction are very dim at the present time; however, policy developments on other health problems and theoretical models emerging from constructivist international relations scholarship may open up promising perspectives for considering normative and institutional approaches that could strengthen the existing legal framework and facilitate political processes towards stronger forms of legalisation of global alcohol control.

Why the Prohibition of Enforced Disappearance Has Attained Jus Cogens Status in International Law

2012 ◽  
Vol 81 (4) ◽  
pp. 537-584 ◽  
Author(s):  
Jeremy Sarkin
Keyword(s):  
International Law ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
International Convention ◽  
Historical Developments ◽  
Jus Cogens

This article examines the question whether jus cogens includes the prohibition of enforced disappearances, and why this is important. It surveys the meaning, context, development, status and position of jus cogens as well as enforced disappearance in international law, including their relationship to each other. It surveys the status of enforced disappearance in international law in general, as well as in international human rights law, international humanitarian law and international criminal law. The article scans the historical developments of international law, including developments over the last few decades, to indicate that the prohibition against enforced disappearance has attained jus cogens status. The legal framework is examined, including the jurisprudence that has emanated from a variety of sources. Specific treaties that deal with enforced disappearance are reviewed including the Declaration on the Protection of All Persons from Enforced Disappearance, the Inter-American Convention on Forced Disappearance of Persons, the Rome Statute of the International Criminal Court (ICC) and the International Convention for the Protection of All Persons from Enforced Disappearance (ICED). What jus cogens is, what the controversies are that surround it, the different ways that it is understood within different schools of thought, and how these issues impact on whether the prohibition of enforced disappearance has attained jus cogens status are studied. The historical developments around enforced disappearances are examined in some detail to determine what its status is, particularly in relation to state practice, so as to determine whether it is jus cogens.

scholarly journals Customary International Rules in Contemporary International Law // Međunarodna običajna pravila u savremenom međunarodnom pravu

2019 ◽  
Vol 9 (9) ◽  
pp. 136
Author(s):  
Duško Glodić
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Framework ◽  
International Community ◽  
Point Of View ◽  
Customary International Law ◽  
Practical Point ◽  
Legal Norms ◽  
State Practice ◽  
The Creation

This article explores the role and importance accorded to customary international law in contemporary international law. First of all, the author has explored a number of issues related to this topic. Particluarly, the manner in which norms of customary international law are being established through the relevant State practice and the formation of opinio juris, as well as how the changes in contemporary international relations generated some chages in custromary international law were examined from both theretical and practical point of view. Than, the article elaborated, in a more concrete manner, different ways of impact of changes in international relations and subjects of international law to the formation of customary international rules. It has also paid attention to the evolution in international law and its reflection to the creation of international legal norms, including customary rules. The article concluded that, despite an ever increasing number of treaties, customary rules are still present in international law and are important for regulation of international relations, thus ensuring that dynamics and developments within the international community are followed by the development of legal framework.

Prevalence of Soft Law in the Arctic

2021 ◽  
Vol 12 (1) ◽  
pp. 285-307
Author(s):  
Hema Nadarajah
Keyword(s):  
International Relations ◽  
International Law ◽  
Domestic Politics ◽  
Legal Framework ◽  
The Arctic ◽  
Soft Law ◽  
Dynamic Changes ◽  
Binding Forms ◽  
National Jurisdiction ◽  
Definition Of

Soft law has been observed to be increasing within the frontiers – regions and issue-areas that extend beyond national jurisdiction, and where governance substantively integrates scientific and technological knowledge. The often-used assumption for the prevalence of such instruments has been the uncertainty of scientific knowledge. This paper takes this facile analysis further by examining the dynamic changes to the number and diversity of state and non-state actors as well as their relative influence. Using a revised definition of soft law which encompasses both binding and non-binding forms, this article shows that this has not been the case. Through analysis of the legal framework within which the region is governed and a mixed methodology drawing from the fields of international relations and international law, this research confirms that soft law is prevalent within the Arctic and that it is an outcome of domestic politics, as well as geopolitical tensions among the relevant states.

Political and legal dimension of equal partnership formation

2017 ◽  
pp. 311-315
Author(s):  
Vasyl Ostapiak
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Framework ◽  
Transitional Societies ◽  
Global System ◽  
Partnership Formation ◽  
New Form

The question of development and formation of partnership in particular in its equal dimensions is studied. We indicated the need for further analysis of legal dimensions of equal partnership formation in transitional societies that undergo transformations and experience considerable destructive impact of globalization processes. The necessity to study the partnership in all its forms, as well as the study of partnership influence on the formation and progress of integration transformations in political plane of international relations system, were emphasized. It was suggested to perceive the partnership establishment, in particular in the plane of international relations, as a new form of cooperation in transformation challenges and in the establishment of threats for the existence of modern global system of international relations. The need of further investigation of equal partnership in the legal framework and in the system of international relations was proved. Keywords: Partnership, globalization, international law, democracy, Ukraine

scholarly journals AMERICAN INTERNATIONAL LAW DOCTRINE: REVIVAL OF “JUST WAR” CONCEPT

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Кира Сазонова ◽  
Kira Sazonova
Keyword(s):  
International Relations ◽  
International Law ◽  
Just War ◽  
Use Of Force ◽  
Legal Framework ◽  
Legal Aspects ◽  
Scientific Methods ◽  
Substantive Content ◽  
Functional Methods ◽  
The Subject

This article discusses the views and opinions of American experts in the field of international law and international relations, devoted to a very ambiguous concept of “just war”. However, this concept raises many questions about its compliance with the contemporary international law, particularly in the context of the principle of non-use of force or a threat of force, which is fixed in the UN Charter. The subject of research is a range of works of American international lawyers on the substantive content and the legal aspects of “just war” concept. As research methods were used common scientific methods, such as induction, generalization, deduction, as well as comparative legal, historical, structural-functional methods. Reference to the concept of “just war” is often use in the speeches of American politicians, so it has a significant impact on the U.S. foreign strategy. Thus, the legal assessment of the “just war” concept is necessary in the context of the current international legal framework. In the Russian doctrine of international law the concept has practically no coverage, so the article is intended to fill this gap.

scholarly journals A Critical Analysis of the Need for a Stronger International Legal Framework for Cyber Ethics in Times of Pandemic

2021 ◽  
Vol 2021 (1) ◽  
pp. 60-73
Author(s):  
Nataliya MAROZ
Keyword(s):  
International Relations ◽  
United Nations ◽  
Cyber Security ◽  
Critical Infrastructure ◽  
Legal Framework ◽  
Information And Communications Technologies ◽  
International Convention ◽  
Ethical Norms ◽  
The United Nations ◽  
Cyber Ethics

Cyber technologies have changed both social and international relations dramatically. The influence of information and telecommunication technologies (hereafter – ICTs) extends from daily life to fundamental freedoms, economies, public administration and political relations. Recent changes brought by coronavirus has emphasized the world’s heavy dependence on ICTs. The technologies provide a virtual environment for normal working processes, ensure e-procurement for medical equipment and supplies, raise awareness of coronavirus prevention, maintain people’s life at hospitals etc. However, ICTs not only provide considerable benefits to society as a whole, but also can be used for criminal purposes as well as in manner inconsistent with the Charter of the United Nations to inflict substantial damage to critical infrastructure of a state, interfere in elections, block e-government and bank services etc. The pandemic has led to the introduction of new cyber challenges and risks. At the same time, there is no international treaty on cybersecurity as well as on combating cybercrime concluded under the auspices of the United Nations that could be applicable to cope with these newly emerged threats. In this situation, cybersecurity challenges might be addressed through ethical norms, which are more flexible than international legal norms. Thus, in the absence of comprehensive legal response to cyber risks cyber ethics is particularly important. Therefore, the article analyzes international legal basis for international cyber ethics. It distinguishes the types of international relations that are regulated by ethical norms. The research defines new risks to cyber security that have emerged during the pandemic and discusses possible ways to respond them through cyber ethics. The paper expresses a view that ethical rules concerning friendly and responsible state behaviour in the context of combating cybercrime should be reflected in an international convention on countering the use of information and communications technologies for criminal purposes, which is going to be developed under the auspices of the United Nations.

scholarly journals CYBER WARFARE AND INTERNATIONAL CYBER LAW: WHITHER?

2020 ◽  
Vol 58 (3) ◽  
pp. 23-37
Author(s):  
Miodrag N. Simović ◽  
◽  
Živorad Rašević ◽  
Vladimir M. Simović ◽  
◽  
...  
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Framework ◽  
The Internet ◽  
Cyber Warfare ◽  
Progressive Development ◽  
The Social ◽  
Universal Approach ◽  
Cyber Violence ◽  
Cyber Law

This paper analyses historical, sociological and normative aspects of the cyber violence in international relations and international law, aiming to assess the adequacy of the extant international norms for its regulation. It results with the knowledge on the lack of international cooperation and a universal approach, the instrumentalisation of the internet as a means of warfare, lacunae in the relevant legal framework, and the peril of compromisation of the international law. Since the social jeopardy of activities in the cyberspace is hardly measurable and subjected to highly arbitrary interpretations, the problem of the uncertain peacetime or belligerent legal qualification of cyber activities is exposed. The other serios problem is a high risk from potentially disproportional responses of states to the cyber violence. Especially due to the lack of universal international institutions in the field of cyber, it must be concluded that the international lege lata applicable to the cyber violence is not adequate and sustainable. The progressive development of international cyber law is thus suggested, through the pacification of the internet and the international criminalisation of cyber violence.

The International Convention for the Suppression of Terrorist Bombings

1998 ◽  
Vol 92 (4) ◽  
pp. 774-781 ◽  
Author(s):  
Samuel M. Witten
Keyword(s):  
International Law ◽  
Legal Framework ◽  
International Terrorism ◽  
Public Place ◽  
Public Places ◽  
International Convention ◽  
Bodily Injury ◽  
United Nations General ◽  
United Nations General Assembly ◽  
Terrorist Bombing

On December 15, 1997, the United Nations General Assembly adopted the International Convention for the Suppression of Terrorist Bombings (Convention or Terrorist Bombing Convention). The Convention sets forth a broad regime of jurisdiction for international cooperation in connection with the unlawful and intentional use of explosives and other lethal devices, in, into or against various defined public places, with intent to kill or cause serious bodily injury or to cause extensive destruction of the defined public place. It will fill an important gap in international law by expanding the legal framework for states to cooperate in the investigation, prosecution and extradition of persons who engage in such international terrorism. While generally patterned after prior counterterrorism conventions, the Convention contains several important innovations.

Disarmament in International Law

2020 ◽  
Author(s):  
Denise Garcia
Keyword(s):  
United Nations ◽  
International Law ◽  
Environmental Law ◽  
Human Security ◽  
Legal Framework ◽  
Control Measures ◽  
Separate Branch ◽  
Peace And Security ◽  
Global Norms ◽  
The United Nations

The international regulation of armaments is an important factor and a tool to achieve international peace and security. All states will gain from the value of having weapon systems either controlled or prohibited, if the control measures are well crafted, verified, and enforced. More cooperation and compliance with global norms, set by international law that limit armaments, mean more peace and security. Less coordination and no governing rules mean a more insecure world and precarious relations among states. International disarmament law, or the law of disarmament, has evolved to constitute a separate branch of international law, similar to international environmental law and international criminal law. The biggest shift in recent years has been the rise of what is called “humanitarian disarmament” and the accompanying legal framework that developed. The focus is on humanizing international security through the setting of principled, multilateral treaties that safeguard human security, not solely national security. If faithfully implemented, international regulations on arms may reduce the humanitarian impact of violence and prevent the use of weapons of mass destruction. The codification of global norms on disarmament through international law signifies progress in international relations and improves human security worldwide. This progress is based upon the foundational legal framework set up by the United Nations Charter on disarmament. One of the main functions of the convening power of the United Nations is its responsibility to progressively codify international law and allow for its evolution. Therefore, it may also exercise such role and function within the gradual and continuing role of developing disarmament law.

Confronting the Shadow State

2018 ◽  
Author(s):  
Henri Decoeur
Keyword(s):  
International Law ◽  
Organized Crime ◽  
Legal Framework ◽  
The State ◽  
Criminal Courts ◽  
International Convention ◽  
Policy Objectives ◽  
Criminal Groups ◽  
High Level ◽  
Normative Justification

This book examines the rules and mechanisms of international law relevant to the suppression of state organized crime, and provides a normative justification for developing international legal mechanisms specifically designed to address this phenomenon. State organized crime refers to the use by senior state officials of the resources of the state to facilitate or participate in organized crime, in pursuit of policy objectives or personal profit. This concept covers diverse forms of government misconduct, including partnerships with organized criminal groups involved in drug trafficking, the plundering of a country’s resources by kleptocratic rulers, and high-level corruption schemes. The book identifies the distinctive criminological characteristics of state organized crime, and analyses the applicability, potential, and limits of the norms and mechanisms of international law relevant to the suppression of state organized crime. In particular, it discusses whether the involvement of state organs or agents in organized crime may amount to an internationally wrongful act giving rise to the international responsibility of the state, and highlights a number of practical and normative shortcomings of the legal framework established by relevant crime-suppression conventions. The book also sketches proposals to develop an international legal framework designed to hold perpetrators of state organized crime accountable. It presents a normative justification for criminalizing and suppressing state organized crime at the international level, proposes draft provisions for an international convention for the suppression of state organized crime, and discusses the potential role of the UN Security Council and of international criminal courts and tribunals, respectively, in holding perpetrators accountable.

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