scholarly journals ABOUT FORMS AND METHODS OF INTERNATIONAL VERIFICATION OF COMPLIANCE WITH INTERNATIONAL AGREEMENTS

2021 ◽  
pp. 177-184
Author(s):  
Yu. I. Astankevych
Keyword(s):  
International Relations ◽  
International Agreements ◽  
General Term ◽  
International Treaty ◽  
Verification Method ◽  
International Obligation ◽  
Verification Methods ◽  
International Obligations ◽  
Control Body ◽  
Special Control

The forms and methods of international verification, their varieties and related categories are considered in the paper. It is determined that the key feature of verification forms is a body carrying out verification activities. Consequently, it is proposed to understand the verification form as a way of organization and particularities of this activity. It has been found that the category of subject is often also used for a simple division of verification into types, which does not fully reflect the specifics of verification activities. Two main forms of international verification are distinguished: simple (without the formation of a special body) and institutional (with the formation of a special control body). It is also suggested to distinguish between technologies, methods and procedures of international verification as well, defining verification technologies as tools, mechanisms, devices necessary for control activities, verification methods as ways of applying its means and verification procedures as modes for implementing a verification method or several methods in a combination. The mechanism of international verification is proposed to be seen as the most general term. It comprises not only methods and technologies, but also procedures of international verification, which determine the implementation mode of a verification method or its several methods in the context of a special verification form. Methods and tools of international verification are characterized by different level of efficiency, which is due to different factors, such as: the sphere of international relations, the form of international verification, the scope of powers of verification body, the international legal act, which is the source of international obligation. In this regard, a distinction must be made between the international obligations, the source of which is an international treaty, and other international obligations.

scholarly journals ANALYSIS ON INDONESIA'S FULFILLMENT OF OBLIGATIONS RISING FROM INTERNATIONAL TREATIES

2016 ◽  
Vol 28 (3) ◽  
pp. 497
Author(s):  
Agustina Merdekawati ◽  
Andi Sandi Ant. T. T
Keyword(s):  
International Law ◽  
Moral Obligation ◽  
International Agreements ◽  
Legal Obligation ◽  
International Agreement ◽  
International Treaties ◽  
International Obligation ◽  
International Obligations

AbstractThis research aims to examine the positions of international law and the applicable principles regarding the issues of fulfillment of international obligations under ratified/acceded international agreements by Indonesia. Upon assessment, this research concludes that: Firstly, there are two main obligations that should be fulfilled by Indonesia in an international agreement and treaties, which is legal obligation and moral obligation. Secondly, practices shown that Indonesia’s commitments in fulfilling its international obligation are still not optimal, as a solution, it is recommended that future ratification of international agreement should include additional executorial / performance provision either in the form of Law or Presidential Regulation.IntisariPenelitian ini bertujuan untuk mengetahui bagaimana ketentuan hukum internasional mengatur persoalan kewajiban hukum negara terhadap pemenuhan perjanjian internasional yang telah diratifikasi/diaksesi dan untuk mengetahui bagaimana praktik yang Indonesia terkait pemenuhan kewajiban tersebut. Hasil pembahasan menunjukkan bahwa: Pertama, bahwa terdapat 2 kewajiban yang harus dilakukan oleh setiap negara pihak terkait dengan pemenuhan Perjanjian Internasional yakni kewajiban hukum dan kewajiban moral. Kedua, bahwa praktik pelaksanaan kewajiban pemenuhan Perjanjian Internasional di Indonesia masih kurang optimal dan sebagai solusinya dapat ditambahkan beberapa penegasan untuk pemenuhan berbagai kewajiban tersebut dalam bentuk penambahan klausula dalam produk pengesahan perjanjian internasional baik yang berupa Undang­Undang Ratifikasi maupun Peraturan Presiden.

scholarly journals The Balanced Obligation and the Basis for Compliance in International Law: Reflections on the Question of International Obligation

2019 ◽  
Vol 12 (2) ◽  
pp. 23 ◽  
Author(s):  
Thomas Prehi Botchway
Keyword(s):  
International Law ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Environmental Agreements ◽  
Multilateral Environmental Agreements ◽  
International Treaty ◽  
Effective Implementation ◽  
International Obligation ◽  
International Obligations ◽  
Zero Sum

In this essay, we use the implementation of multilateral environmental agreements (MEAs) in developing countries (specifically, the implementation of the Convention on Biological Diversity in Ghana) to illustrate why and how States can implement international agreements and for that matter comply with international law without necessarily compromising on equally implementing effective policies to meet their domestic responsibility, particularly when such MEAs may be deemed by some as instruments that curtail the enjoyment of benefits from a State’s natural resources and endowments. The essay examines the nexus between compliance with international law (international obligation) and meeting domestic responsibility (particularly when the international treaty or agreement to be complied with seems to have some negative implications for the domestic population or State policy). Do States always have an incentive to comply with and execute their international obligations? Should the need for or argument against an international agreement or treaty necessarily lead to its abandonment by States? Can States effectively balance the execution of international obligation with meeting domestic responsibility? Should the effective implementation of a State’s international obligation be regarded as a zero sum for the State’s domestic responsibility? What should be the basis for compliance in international law? These are some of the few questions that this essay seeks to address.

International Obligations: To Whom Are They Owed?

1993 ◽  
Vol 55 (2) ◽  
pp. 291-310
Author(s):  
David Clinton
Keyword(s):  
International Relations ◽  
International Law ◽  
International System ◽  
Complete Understanding ◽  
International Obligation ◽  
International Obligations

Much of what states do in the international system they do as a response to their perceived obligations, commitments, or responsibilities. Not all of these obligations are owed to the same sort of recipient, however: some may be owed to other identifiable parties with whom one has arrived at a bargain or an exchange of benefits, but obligations may also be owed to a chosen rule of conduct or guide to action, as in the case of deterrence, and to oneself, as in the case of selfpreservation or one's sense of honor. All three types of international obligation have been recognized in international law and practice, but no one of the three categories encompasses all the duties of states. A complete understanding of international relations requires attention to all three parties to which international obligations may be owed.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

scholarly journals Video Data Integrity Verification Method Based on Full Homomorphic Encryption in Cloud System

2018 ◽  
Vol 2018 ◽  
pp. 1-9 ◽  
Author(s):  
Ruoshui Liu ◽  
Jianghui Liu ◽  
Jingjie Zhang ◽  
Moli Zhang
Keyword(s):  
Cloud Computing ◽  
Data Storage ◽  
Homomorphic Encryption ◽  
Data Integrity ◽  
Video Data ◽  
Verification Method ◽  
Whole Process ◽  
Integrity Checking ◽  
Verification Methods ◽  
Cloud Servers

Cloud computing is a new way of data storage, where users tend to upload video data to cloud servers without redundantly local copies. However, it keeps the data out of users' hands which would conventionally control and manage the data. Therefore, it becomes the key issue on how to ensure the integrity and reliability of the video data stored in the cloud for the provision of video streaming services to end users. This paper details the verification methods for the integrity of video data encrypted using the fully homomorphic crytosystems in the context of cloud computing. Specifically, we apply dynamic operation to video data stored in the cloud with the method of block tags, so that the integrity of the data can be successfully verified. The whole process is based on the analysis of present Remote Data Integrity Checking (RDIC) methods.

scholarly journals The Dilemma of Australian Pacific Solution: The Non-Refoulement Principle Versus National Security

2019 ◽  
Vol 06 (02) ◽  
pp. 340-360
Author(s):  
Ninin Ernawati
Keyword(s):  
National Security ◽  
The Other ◽  
Australian Government ◽  
Refugee Convention ◽  
Other Hand ◽  
International Obligation ◽  
The Pacific ◽  
International Obligations ◽  
The Right

The Australian Government has issued various policies to deal with refugees. One of the policies is the Pacific Solution and it is considered as a manifestation of national security principles. On one hand, the policy against the non-refoulement principle, which is the central principle of the refugee convention and Australia is one of the states that ratified the 1951 Refugee Convention. Obviously, Australia should not violate the non-refoulement principle. On the other hand, Australia has experienced a dilemma between prioritizing its interests and fulfilling international obligation to protect refugees who entering its territory. This article discusses whether the national security principle is contrary to the non-refoulement principle; and how Australia can accommodate both principles without neglecting the rights of refugees and still be able to maintain their interests. This article also reviews how Australia can implement policies based on national security principle when it has to face international obligations–in this case, the non-refoulement principle. This research concludes that the national security and the non-refoulement principle are basically contradictory. However, Australia can accommodate these two principles by counterbalancing actions, such as the establishment of national laws that still highly consider humanitarian standards contained in the non-refoulement principle. Australia has the right to implement number of policies based on its national law, while that the same time Australia cannot ignore their international obligation to protect refugees in accordance with the 1951 Refugee Convention that they have ratified. Reflecting on some previous policies, this study concludes that Australia has not been able to accommodate both principles.

scholarly journals Analysis of existing parallel programs verification technologies

2020 ◽  
Keyword(s):  
Formal Verification ◽  
Software Verification ◽  
Computer Systems ◽  
Synthetic Methods ◽  
System Model ◽  
Analysis Model ◽  
Verification Method ◽  
Testing And Debugging ◽  
Verification Methods ◽  
Industrial Software

The past few decades have seen large fluctuations in the perceived value of parallel computing. At times, parallel computation has optimistically been viewed as the solution to all of our computational limitations. The conventional division of verification methods is analyzed. It is concluded that synthetic methods of software verification can be considered as the most relevant, most useful and productive ones. It is noted that the implementation of the methods of formal verification of software of computer systems, which supplement the traditional methods of testing and debugging, and make it possible to improve the uptime and security of programs, is relevant. Methods of computer systems software formal verification can guarantee the check that verified properties are performed by system model. Nowadays, these methods are actively being developed in the direction of reducing the formal verification total cost, support of modern programming concepts and minimization of "manual" work in the transition from the system model to its implementation. Their main feature is an ability to search for errors using mathematical model, without recourse to existing realization of software. It is very convenient and economical. There are several specific techniques used for formal models analysis, such as deductive analysis, model and consistence check. Every verification method is been used in particular cases, depending on the goal. Synthetic methods of software verification are considered the most actual, useful and efficient, as they somehow try to combine the advantages of different verification approaches, getting rid of their drawbacks. Currently, there has been made significant progress in the development of such methods and their implementation in the practice of industrial software development.

Retroactivity in international treaty law

2021 ◽  
Author(s):  
Iryna Osmirko ◽  
Ivanna Maryniv
Keyword(s):  
General Rule ◽  
International Agreements ◽  
Vienna Convention ◽  
Main Body ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Retroactive Effect ◽  
The Status ◽  
Contractual Obligations

Problem setting. Due to the fact that the constitutional norms determine the status of an international treaty, the binding nature of which has been approved by the parliament as part of national legislation, it is important to study the temporal effect of international treaties, namely their retroactivity. In general, the Vienna Convention contains a provision according to which an international treaty has no retroactive effect in respect of the States which are parties to it, except where the intention to give retroactive effect to the treaty follows from the treaty itself or the agreements of its parties. These exceptions to the general rule indicate the non-absoluteness of the latter, so it is appropriate to study the factors that determine the existence of retroactive agreements, as well as controversial and controversial issues that arise in this regard. Analysis of recent researches and publications. Scholars such as S.N. Ivanov, RA Kalamkaryan, M.A. Kapustina, II Lukashuk, OV Pushnyak and others. However, this area needs further study and analysis, given the existence of exceptions to the general provision on the lack of retroactive effect of international agreements. Target of research. Тo consider the conditions under which an international treaty has retroactive effect, to investigate the factors influencing the decision to grant retroactive effect and the issues arising in connection with the retroactivity of international treaties. Article’s main body. This study examines the non-absoluteness of the provision on the absence of retroactive effect of international agreements. Among the reasons that encourage states to anticipate retroactive effect – the interpretive or additional nature of the international agreement or the need to resolve the situation that arose before its conclusion. It should be emphasized that some agreements have retroactive effect by virtue of their object, which provides this retroactive effect, as agreed by the parties, although not explicitly stated in the contract. It is also not uncommon for certain rights and obligations to arise not because of an international treaty that has not yet entered into force, but because of customary norms that are enshrined in it. Conclusions and prospects for the development. The principle of no retroactive effect of an international agreement is not absolute. In each case, the reasons for the application of retroactivity must be decided by a judicial authority in the process of interpreting the contractual obligations. An important role in the possibility of retroactive application of an international treaty is played by its object or the co-existing customary norms of international law and the principles recognized by civilized nations as binding.

Stages of the formation of treaty law in the history of international law

2021 ◽  
pp. 90-95
Author(s):  
Marina Okladnaya ◽  
Anastasia Pererodova
Keyword(s):  
International Relations ◽  
International Law ◽  
Main Body ◽  
International Treaties ◽  
International Treaty ◽  
Treaty Law ◽  
History Of ◽  
The Law ◽  
History Of International Law ◽  
Historical Periods

Problem setting. An international treaty is an agreement between two or more subjects of international relations concerning the establishment, modification or termination of mutual rights and obligations. In modern time an international treaty is the universal and primary source of international law and, at the same time, the law of treaties as a branch of international law occupies a central place in this system. The role of the treaty is constantly increasing, so it is important to study how treaty law was formed in order to understand how it has changed over history, and what factors have influenced the formation of the main branch of international law. Analysis of recent researches and publications. The law of international treaties causes increased attention of lawyers to the study, research and analysis of its main aspects. Among the domestic and foreign scholars who have made a significant contribution to the study of the law of treaties can be distinguished such as V. Butkevich, Y. Brownlie, A. Talalaev, O. Merezhko, O. Nazarenko, F. Martens, V. Shurshalov, I. Lukashuk, O. Zadorozhniy and others. Target of research. Study of international treaty at different stages of formation of international law, analysis and comparison of forms, content, functions and significance of the treaty in different historical periods. Article’s main body. The article is devoted to the development and formation of the basic branch of international law – treaty law. It studies the stages of formation of the institute of treaty law during different periods of history, identifies the features of the treaty at each stage of formation. Conclusions and prospects for the development. The agreement is an important and necessary instrument of interaction and communication between people, it establishes ties between peoples and states, helps to resolve conflicts, that is why the signing of treaties is a significant mechanism for the regulation of human relations since ancient times. In this article we have traced how different historical periods influenced the formation of international treaty law, which events were of key importance for the development of international law in general. Throughout the history of international law, the treaty has undergone a number of transformations of its forms, types and procedures of conclusion. The treaty form of consolidation of international relations is the basis of stability and efficiency of the legal order in international law. At the present time, the law of international treaties is a self-sufficient, developed branch and system of international law. It is the key branch of international law with its institutions, low basic principles, and continues to develop rapidly and irreversibly.

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