Part II Predominant Security Challenges and International Law, International Security, Ch.17 International Disarmament and Arms Control: In the Middle of a Paradigm Shift?

2021 ◽  
Author(s):  
Sossai Mirko
Keyword(s):  
International Law ◽  
International Security ◽  
Arms Control ◽  
Legal Framework ◽  
Military Technology ◽  
Post Cold War ◽  
Successful Model ◽  
Security Environment ◽  
Chemical Weapons Convention ◽  
United Nations Charter

This chapter discusses disarmament and arms control, which were envisaged as an integral part of the collective security system set out in the United Nations Charter. Whereas disarmament is related to the reduction (or even the total abolition) of a category of weapons, arms control was developed in the context of nuclear deterrence. Given that the goal of arms control conventions was the stabilization of the security environment, such agreements usually included measures such as mutually agreed limitations on certain armaments or freezing their number at a given level. International law on disarmament and arms control is in essence treaty law: hence, the chapter identifies the distinctive features of the existing legal framework. In the post-Cold War era, the 1993 Chemical Weapons Convention has represented the most successful model for subsequent treaties. The chapter then focuses on current developments in both international politics and military technology and their impact on international security and arms control efforts.

scholarly journals Implementation of state policy in the field of combating cyber crime: legislative aspect

2021 ◽  
pp. 129-134
Author(s):  
O. ZHEREBETS
Keyword(s):  
International Law ◽  
State Policy ◽  
International Security ◽  
Legal Framework ◽  
Scientific Article ◽  
Cyber Crime ◽  
Basic Principles

The article substantiates the importance of universally recognized international principles in the field of international security. The scientific article outlines legal framework of international security law and grounds for increasing the number of basic principles of international law.

scholarly journals Developing Russia–NATO relations: problemsof arms control and limitations on destabilizing military activities of the Alliance

2016 ◽  
pp. 62-70 ◽  
Author(s):  
I. Kuznetsov
Keyword(s):  
International Law ◽  
Large Scale ◽  
International Security ◽  
Arms Control ◽  
Member States ◽  
Direct Participation ◽  
Critical Aspects

The article is devoted to some critical aspects of correspondence of the Alliance status to the basic norms of international law. It also centers on specific actual steps of the realization of the NATO long-term strategy of «openness» in interrelations with the existing universal and regional institutionalized regimes of limitations in the sphere of international security and arms control. Special attention is paid to the NATO strategy of abstention from the direct participation in critical processes of negotiations in the sphere of arms control and limitations on destabilizing military activities. The NATO, as an organization of permanent nature, stands for the position of non-responsibility for the compliance of obligations in this sphere by its member-states. Decomposition of these artificial obstacles is an unavoidable condition for the NATO responsible inclusions in processes of arms control and reduction of large-scale military activities within the OCSE competence.

Secession Revisited: General Framework and Lessons From the Referenda in Catalonia and Kurdistan

2018 ◽  
Vol 27 (1) ◽  
pp. 189-214
Author(s):  
Enrico Milano
Keyword(s):  
Cold War ◽  
International Law ◽  
General Framework ◽  
Legal Framework ◽  
First Century ◽  
Self Determination ◽  
Regulatory Function ◽  
Post Cold War ◽  
New States

The recent referenda held in Catalonia and Kurdish Iraq have reignited the debate over referenda, self-determination and unilateral secession and over the role of international law as a legal framework capable of governing and channelling those dramatic changes towards desired ends. The debate has been ever present in the Post Cold War period, considering that the number of states has increased from just over 150 to 196, with many of the new states emerging from non-consensual processes of separation. The present article assesses the general international legal framework applicable to secession, including the scope and content of principles such as territorial integrity, self-determination and uti possidetis and tests whether and to what extent the two recent separatist claims in Catalonia and Kurdistan fit into that framework. The lessons drawn are that international law is increasingly relevant to the regulation of secession and yet the practice related to the referendum in Catalonia highlights international law’s subsidiary regulatory function and the fact that, indeed, even in the twenty-first century, international law may, in some cases, remain neutral in secession attempts.

scholarly journals Russia's Nuclear Weapons in a Multipolar World: Guarantors of Sovereignty, Great Power Status & More

Daedalus ◽  
2020 ◽  
Vol 149 (2) ◽  
pp. 37-55
Author(s):  
Anya Loukianova Fink ◽  
Olga Oliker
Keyword(s):  
United States ◽  
Nuclear Weapons ◽  
International Security ◽  
Arms Control ◽  
The United States ◽  
Great Powers ◽  
Great Power ◽  
Missile Defense ◽  
Security Environment ◽  
Strategic Stability

At a time of technological and political change in the international security environment, Russia continues to view nuclear weapons as guarantors of peace and security among great powers. Nuclear weapons also assure Russia's own great-power status and mitigate uncertainty in an emerging multipolar order. In a world where the United States pursues improved missile defense capabilities and appears to reject mutual vulnerability as a stabilizing factor, Moscow views its modernized nuclear arsenal as essential to deter Washington from a possible attack on Russia or coercive threats against it. Some elites in Russia would like to preserve existing arms control arrangements or negotiate new ones to mitigate a weakening infrastructure of strategic stability. At the same time, however, they seem skeptical that the United States is willing to compromise or deal with Russia as an equal. Meanwhile, multilateral arms control appears to be too complex a proposition for the time being.

Part IV Power Politics, International Law, and Global Security, Ch.50 The Russian Federation

2021 ◽  
Author(s):  
Tuzmukhamedov Bakhtiyar
Keyword(s):  
International Law ◽  
International Security ◽  
Official Position ◽  
Military Presence ◽  
Recent Developments ◽  
Political Dimensions ◽  
The Government ◽  
Military Support ◽  
Russian Military ◽  
United Nations Charter

This chapter details Russia’s official position with respect to international security. In Russia, the term ‘international security’ applies primarily to international security in its military and political dimensions, including the use of force in self-defence or in pursuit of an international mandate, as well as arms control and non-proliferation. Recent developments, reflective of Russia’s assertive approach to its military instrument as means of maintaining security along its periphery, include the reinstated military presence in Abkhazia and South Ossetia following their separation from Georgia, and the reinstatement of Russia’s jurisdiction over Crimea. The latter was achieved, by and large, without violence, and with a local drive to secede from Ukraine backed by the Russian military presence. Other recent developments include Russia’s military support for the Government of Syria as part of international counter-terrorism efforts. It is fair to say that other facets, such as human rights, sustainable development, and environmental protection, to name a few, are also acknowledged. These, however, are more likely to be viewed as autonomous spheres of regulation, adjacent to, and intertwined with, international security. Whatever the scope and embrace of international security, according to Russia’s official position, it hinges on the rule of international law and its supremacy, drawn from the United Nations Charter.

scholarly journals Application of the principles of international law in the field of ensuring international security

2021 ◽  
pp. 135-140
Author(s):  
V. BELEVTSEVA
Keyword(s):  
International Law ◽  
International Security ◽  
Legal Framework ◽  
Scientific Article ◽  
Basic Principles

The article substantiates the importance of universally recognized international principles in the field of international security. The scientific article outlines legal framework of international security law and grounds for increasing the number of basic principles of international law.

Reflections on Lawrence Freedman’s ‘Deterrence’

2018 ◽  
Author(s):  
Patrick M. Morgan
Keyword(s):  
Cold War ◽  
Social Cohesion ◽  
Social Relationship ◽  
International Security ◽  
First Century ◽  
Social Aspects ◽  
Post Cold War ◽  
Social Strategy ◽  
The Social ◽  
The One

This chapter focuses on the social aspects of strategy, arguing for the importance of relationships in strategy and, in particular, in understanding of deterrence. Deterrence, in its essence, is predicated upon a social relationship – the one deterring and the one to be deterred. Alliance and cooperation are important in generating the means for actively managing international security. Following Freedman’s work on deterrence in the post-Cold War context, ever greater interaction and interdependence might instill a stronger sense of international community, in which more traditional and ‘relatively primitive’ notions of deterrence can be developed. However, this strategic aspiration relies on international, especially transatlantic, social cohesion, a property that weakened in the twenty-first century, triggering new threats from new kinds of opponent. The need for a sophisticated and social strategy for managing international security is made all the more necessary.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

Space Debris Mitigation as an International Law Obligation

2015 ◽  
Vol 17 (3) ◽  
pp. 297-335
Author(s):  
Lawrence Li
Keyword(s):  
International Law ◽  
Space Debris ◽  
Outer Space ◽  
Legal Framework ◽  
International Responsibility ◽  
International Liability ◽  
International Instruments ◽  
Space Activities ◽  
Proper Interpretation ◽  
Debris Mitigation

Human space activities have grown rapidly in recent decades, but the international legal framework, comprising of the five space treaties, has largely remained unchanged since the 1980s. One of the consequences is that international responsibility and liability for space debris, which is a major hazard to space activities, have also remained uncertain for years. Nonetheless, States have responded to these problems by implementing national voluntary measures. More importantly, two major non-binding international instruments have been laid down by the Inter-Agency Space Debris Coordination Committee and the United Nations Committee on the Peaceful Uses of Outer Space, respectively. This article argues that, in light of recent States practice established under these international instruments, and a proper interpretation of the space treaties, it has been recognised by the international community that States are obliged to mitigate the generation of space debris, a failure of which will lead to international liability.

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