LEGAL BASIS OF THE UNION STATE OF RUSSIA AND BELARUS: DEVELOPMENT AND OUTLOOKS

2020 ◽  
pp. 118-125
Author(s):  
Marina V. Sharueva ◽  
Keyword(s):  
International Law ◽  
Economic Cooperation ◽  
Legal Framework ◽  
Point Of View ◽  
International Organization ◽  
Legal Basis ◽  
Basic Principles ◽  
Bilateral Relations ◽  
State Of The Union ◽  
Current State

The article examines particular features of the modern legal framework of the Union State of Russia and Belarus, as well as foundations of political and economic cooperation between Moscow and Minsk. Reciting positive integration outcomes in certain areas, the author gives examples of contradictions and incomplete provisions that are contained in the legislative documents of the Union State and that restrain the integration. According to the author, the current state of the Union legislation is such that the Union State, being in fact an emerging international organization, can not act as a subject of international law. Serious problems also accompany the implementation of bilateral relations between Russia and Belarus within the framework of this integration association, since the legal basis of the Union state is made up of normative acts that do not have the force of law, which are either purely declarative in nature, or are aimed at solving current organizational problems. The author emphasizes that from the legal point of view, the creation of a full-fledged Union state of Russia and Belarus is a feasible task. However, its implementation requires clear formulations of the basic principles of integration by the leaders of the Union republics, which is purely a political task.

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.

Liability of international organizations

1988 ◽  
Vol 1 (1) ◽  
pp. 3-14 ◽  
Author(s):  
Henry G. Schermers
Keyword(s):  
International Law ◽  
International Organizations ◽  
Point Of View ◽  
International Organization ◽  
Theoretical Point ◽  
Governmental Organizations ◽  
Legal Questions ◽  
Legal Literature ◽  
Financial Obligations

When in 1985 the International Tin Council was unable to meet its financial obligations, various legal questions arose. It appears that the question of liability of international organizations has, up till now, not been adequately addressed. The article written by Professor Henry G. Schemers is a first attempt in legal literature to examine the liability of international organizations from a theoretical point of view. The author concludes that the principle that everybody is liable for his debts does not apply to international governmental organizations. The liability of governments is, in the eyes of the author, not limited when they perform some of their tasks through an international organization, unless there is an express provision to this effect. However, in general international law is insufficiently developed with respect to the payment of debts of international organizations.

EUNAVFOR OPERATION ATALANTA OFF SOMALIA: THE EU IN UNCHARTERED LEGAL WATERS?

2015 ◽  
Vol 64 (3) ◽  
pp. 533-568 ◽  
Author(s):  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
Careful Analysis ◽  
Legal Framework ◽  
European Law ◽  
The European Union ◽  
Legal Basis ◽  
Extensive Discussion ◽  
Operation Atalanta ◽  
Somali Coast ◽  
The Eu

AbstractEUNAVFOR Operation Atalanta has been the first maritime operation of the European Union and it has certainly been successful given the significant decrease of pirate attacks off the Somali coast. However, various issues have been raised concerning its legal basis under international law and its legal framework, including questions of responsibility. These issues are particularly interesting since the EU has a more integrated legal order than other organizations involved in such operations (eg UN, NATO). The present article attempts to address these issues against the background of international and European law. Even though the legal basis of the Operation is clear from a European law perspective, there have been certain misconceptions concerning the legal basis of the Operation under international law. The delineation of the Operation's legal framework requires a careful analysis of the rules applicable to each of its phases and of its addressees, since each phase is subject to different rules which are binding on different actors. Finally, there is an extensive discussion of questions of responsibility, which were heavily influenced by the applicable Rules of Engagement and of the actual conduct of the Operation. The conclusion is that, at least on the high seas, responsibility should primarily rest with the flag States rather than with the EU. However, in most cases the EU is indirectly responsible for violations of international law, except in cases where suspected pirates are transferred to third States pursuant to EU agreements with such States, in which case it bears primarily responsibility.

International Regulation of the Internet

2019 ◽  
Author(s):  
Antonio Segura Serrano
Keyword(s):  
International Law ◽  
New Technology ◽  
Legal Framework ◽  
Point Of View ◽  
The Internet ◽  
Internet Governance ◽  
Public And Private ◽  
International Regulation ◽  
Long Run ◽  
Human Rights Norms

The international regulation of the Internet may be understood in two different ways. From a narrow point of view, it may be conceived as equivalent to Internet governance, i.e. comprising exclusively the institutional arrangements that enable the Internet to function. From a comprehensive point of view, it may be interpreted more widely, including all sectors and areas where international law rules that intersect or interact with the Internet may be found. The Internet is a pervasive network that nowadays touches upon the lives of public and private actors. This article aims to present an account of the many domains in which international regulation may be found or may be needed if universal or community interests are to be protected. If although state practice and the codification of international law rules regarding the Internet are now in flux, due to the unwillingness of states or, in other words, the impossibility of finding universal consensus on the matter, it is possible to identify areas in international law that already apply to online activities. To be sure, this use is in many instances a difficult one, as this new technology challenges the extant legal framework. But today the applicability of international law to activities carried out with respect to the Internet is not only possible, it is also necessary as this new medium is truly global. Even though if there is not a new demos, or because of that, international law rules in the traditional sense are needed to solve the new challenges. This is why traditional doctrines on jurisdiction and state responsibility, together with cybersecurity rules (warfare is not the object of this contribution), have been put to work, with adjustments necessary to make their functioning appropriate to the new circumstances. Furthermore, taking into account the reinforced role of nonstate actors in this field, international cooperation is needed to address the problems of cybercrime, cyber espionage, and cyber terrorism, although in this the latter is not as ubiquitous as the former. Moreover, international human rights norms must be confirmed with respect to the Internet, as those rights are exposed to the same risks, if not more, by state activities as in the real world. Finally, the issue of Internet governance as addressed in this article is treated as one in which it is necessary to ensure in the long run that this new medium is organized following the principles of democracy and inclusion.

The Legal Basis for Bilateral and Multilateral Police Deployments

2011 ◽  
Vol 15 (1-2) ◽  
pp. 7-38 ◽  
Author(s):  
James Watson ◽  
Mark Fitzpatrick ◽  
James Ellis
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal Framework ◽  
State Law ◽  
Legal Basis ◽  
The Rule Of Law ◽  
Host State ◽  
Legal Regimes ◽  
Domestic Law

This paper recognises the complexity of the legal framework in which international police deployments take place. The personnel, and often the mission itself, are subject to a number of different legal regimes: international law, host State law and sending State law. After briefly discussing the nature and purpose of overseas police deployments, the paper identifies the legal regimes applicable to such deployments and discusses the significance of international and domestic law to police deployments. Ultimately, this paper argues that compliance with all applicable legal regimes is essential to ensure the rule of law on overseas police deployments.

scholarly journals Non-State Armed Groups, Detention Authority in Non-International Armed Conflict, and the Coherence of International Law: Searching for a Way Forward

2017 ◽  
Vol 30 (2) ◽  
pp. 435-456 ◽  
Author(s):  
DARAGH MURRAY
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Basis ◽  
Armed Groups ◽  
International Regulation ◽  
Current State ◽  
Treaty Interpretation

AbstractInternational humanitarian law establishes explicit safeguards applicable to detention occurring in non-international armed conflict. However, debate exists as to whether these treaty provisions establish an implicit legal basis for detention. This article approaches this debate in light of the application of international humanitarian law to non-state armed groups. It examines the principal arguments against implicit detention authority and then applies the law of treaty interpretation to international humanitarian law's detention-related provisions. On the basis of current understandings of international law – and the prohibition of arbitrary detention in particular – it is concluded that international humanitarian law must be interpreted as establishing implicit detention authority, in order to ensure the continued regulation of armed groups. Although, perhaps, problematic from certain states’ perspective, this conclusion is reflective of the current state of international law. However, this is not necessarily the end of the story. A number of potential ‘ways forward’ are identified: implicit detention authority may be (i) rejected; (ii) accepted; or (iii) re-examined in light of the non-state status of armed groups, and what this means for the content of the prohibition of arbitrary detention. These scenarios are examined in light of the desire to ensure: the coherency of international law including recognition of the role of armed groups, the continued effectiveness of international humanitarian law, and state sovereignty. An emphasis is placed on understanding the non-state status of armed groups and what this means for international regulation and the content of imposed obligations.

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.

At the Edge of the Empire: Mapping the Law of Hong Kong’s Paradiplomacy

2020 ◽  
Vol 15 (3) ◽  
pp. 211-251
Author(s):  
Jason Ho Ching Cheung
Keyword(s):  
Hong Kong ◽  
International Law ◽  
Legal Framework ◽  
Legal Basis ◽  
International Organisations ◽  
Substantial Impact ◽  
External Relations ◽  
Political Turmoil ◽  
Constitutional Regime ◽  
The City

Summary Hong Kong lacks sovereignty but possesses unique quasi-state external relations powers. This special feature enables it not only to inherit former paradiplomatic ties from its British predecessor, but also to develop a plethora of external relations. During the course of the present political turmoil and friction with Beijing, it has struggled to develop external relations with foreign states, subnational entities and international organisations. While paradiplomacy concerning quasi-states is no longer a neglected subject, and Hong Kong’s role as a prominent autonomous financial hub notwithstanding, few studies have examined the paradiplomacy of the city. This article analyses the constitutional regime and underexplored legal topics of Hong Kong’s paradiplomacy, including the legal basis and framework for such. It argues that Hong Kong can lay a solid legal framework for paradiplomacy and its paradiplomatic powers should be more widely recognised because of its potential to yield substantial impact on international law and relations.

Interim Conclusions

2021 ◽  
pp. 80-90
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Legal Framework ◽  
Point Of View ◽  
International Organization ◽  
The Other ◽  
Absolute Point ◽  
Member States ◽  
European Court ◽  
Argumentative Strategy

This chapter summarizes the previous findings and exposes the false dichotomies that led to the proliferation of the different conceptualizations. It shows how the four conceptualizations can be applied to a legal dispute concerning the responsibility of an international organization. In particular, it discusses the Al-Dulimi case before the European Court of Human Rights. The circumstances of the case prompt the adoption of one or the other conceptualization on the basis of the argumentative strategy. The analysis highlights the difficulties in providing a general legal framework to establish the responsibility of international organizations and/or of their member states. The chapter is divided into two subsections, focusing on the admissibility and the merits of the Al-Dulimi case. It concludes that the adoption of an international legal framework applicable to all international organizations is subject to the possibility to rebut limited perspectives and to adopt an ‘absolute point of view’.

Consular law and consular protection of citizens and legal entities in modern times and their legal basis

2020 ◽  
Vol 10 (1) ◽  
pp. 60-65
Author(s):  
Alexander Ryazantsev
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Legal Basis ◽  
Public International Law ◽  
Modern Times ◽  
National Significance ◽  
Sphere Of Influence ◽  
The 19Th Century ◽  
North And South America ◽  
North And South

The necessity of writing this article is conditioned by the active development of consular law, which, as part of international law, evolves directly under the influence of world political and economic processes. At the beginning of the twentieth century, an impressive number of consulates operated in Europe, North and South America, Asia, the middle East, and partly in Africa.The legal acts regulating the consular sphere of influence, concluded in Russia in the 19th century, had not only national significance, but also international significance. All adopted conventions, treatises, agreements and charters were elements that form the system of public international law as a whole.With the formation of a new state in the former Russian Empire, it became necessary to adopt a new legal framework regulating consular activities.

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