scholarly journals The international law and sanctions. Search for permissible limits

2019 ◽  
Vol 89 (1) ◽  
pp. 03-09
Author(s):  
T. Ya. Khabrieva ◽  
A. Ya. Kapustin
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
International Organizations ◽  
Legal Regulation ◽  
The State ◽  
Coercive Measure ◽  
Coercive Measures ◽  
Permissible Limits ◽  
International Responsibility

The reinforcement of the sanctions policy of the leading world powers and their coalitions has highlighted the problem of doctrinal research inadequacy of the practice of international legal regulation of the use of international coercive measures. This study aims to determine the dominant approaches to the correlation between the categories “sanction” and “law” regarding municipal and international law, based on historical and comparative analysis of the positions of Russian and foreign legal doctrines. Despite fundamental differences in the systems of national and international law, both cases sanctions act as a coercive measure to observe the statutes of law, both regarding the implementation of international responsibility and non-responsibility relations. In addition, the study provides specific examples of unilateral coercive measures (sanctions) of regional international organizations that are inconsistent with the imperatives of general international law. In conclusion, the state of international legal regulation of the use of coercive measures is substandard; however, the primary reasons for this provision remain unclear. Furthermore, this study formulates a proposal for the development of a doctrinal model of criteria for the lawfulness of international coercive measures.

scholarly journals UN ILATERAL SANCTIONS – A VESTIGE OF A UNIPOLAR WORLD: THE CONCEPTUALIZATION OF THE LEGAL POSITION OF THE BRICS COUNTRIES

2019 ◽  
Vol 6 (4) ◽  
pp. 67-94
Author(s):  
A. Kapustin ◽  
B. Khabriev
Keyword(s):  
International Law ◽  
International Organizations ◽  
Historical Context ◽  
Interdisciplinary Approach ◽  
Legal Regulation ◽  
The State ◽  
Legal Analysis ◽  
Coercive Measures ◽  
Brics Countries ◽  
Legal Position

The efforts of the BRICs countries to establish a fair international legal order determine the scholarly interest in conceptualizing the legal position on the inadmissibility of the use of unlawful unilateral coercive measures in international relations. This paper adopts an interdisciplinary approach to the study of the phenomenon of combating discriminatory sanctions policies of individual states and international organizations, including elements of economic, legal and international legal analysis. The subject of the authors’ interest is not the methodology of “economic analysis” of legal phenomena, which is recognized in legal science; rather, it is an attempt to synthesize the methods of various disciplines, allowing a comprehensive assessment of the possibility of countering “sanctions threats” to the state sovereignty of Russia as one of the members of BRICS. The main directions of the economic policy of the state in the conditions of the “sanctions regime,” the features of acts of Russian legislation aimed at protecting sovereignty from illegal unilateral restrictive measures, in the historical context, and taking into account modern views, the doctrinal approaches to the concept of “sanctions” in the science and practice of international law are all analyzed. As a result, it is found that the pluralism of approaches to the definition of “sanctions” is maintained, which is explained by the insufficient level of international legal regulation of international coercion and the continuing decentralization of the system of international law. The grounds for the legitimacy of sanctions mechanisms operate in the system of collective security of the U.N., based on the analysis of the provisions of the U.N. Charter and the normative array of recommendatory norms of the U.N. General Assembly. The evolution of the mechanism of non-military coercive measures of the U.N. Security Council is analyzed, and the parameters of the legitimacy of sanctions by regional international organizations on the basis of the provisions of the U.N. Charter are determined. Normative contours of “soft regulators” of counteractions to illegitimate unilateral coercive measures are established.

International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

International Responsibility

2021 ◽  
pp. 176-207
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Member States ◽  
Legal Nature ◽  
International Responsibility ◽  
International Law Commission ◽  
Final Consequence ◽  
Law Commission

The final consequence of the dual legal nature discussed in the book concerns the international responsibility of international organizations. In particular, this chapter describes how the absence of a common conceptualization affected the work of the International Law Commission, the International Law Institute, and the International Law Association. Afterwards, the chapter focuses on the dual attribution of conduct to an international organization and to its member states. It contends that dual attribution is extremely important in practice and it reviews the cases in which it was at issue. After providing a set of principles on how to apply the dual attribution, it distinguishes between three sets of circumstances: dual attribution via institutional links, dual attribution via factual links, and exclusion of dual attribution when the conduct is attributable to only the organization or its member states. Finally, it discusses the effects of dual attribution in terms of joint responsibility.

Human Rights Violations before International Tribunals: Reflections onResponsibility of International Organizations

2007 ◽  
Vol 20 (3) ◽  
pp. 613-636 ◽  
Author(s):  
GUIDO ACQUAVIVA
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
Ad Hoc ◽  
Parent Body ◽  
Human Rights Violations ◽  
Parallel Processes ◽  
Un Security Council ◽  
International Responsibility ◽  
International Law Commission

The UN Security Council, as ‘parent body’ of the two ad hoc Tribunals, never introduced explicit rules on how to compensate accused persons for violations of their rights imputable to the Tribunals' organs. Notwithstanding the absence of such rules, a series of decisions by ICTYand ICTR chambers show the willingness of these institutions to address such violations when they occur. In doing so, the Tribunals appear to have followed some of the same principles on responsibility of international organizations as are being elaborated by the International Law Commission (ILC). By analysing these parallel processes, the author suggests that the elaboration of rules by the ad hoc Tribunals in the field of human rights violations and the codification by the ILC of rules on international responsibility, although distinct in aim and scope, might mutually benefit each other andshed some light on the difficulties of applying such principles in practice.

Draft Convention on the International Responsibility of States for Injuries to Aliens

1961 ◽  
Vol 55 (3) ◽  
pp. 548-584 ◽  
Author(s):  
Louis B. Sohn ◽  
B. B. Baxter
Keyword(s):  
International Law ◽  
The State ◽  
Draft Convention ◽  
International Responsibility ◽  
The Individual

1.A State is internationally responsible for an act or omission which, under international law, is wrongful, is attributable to that State, and causes an injury to an alien. A State which is responsible for such an act or omission has a duty to make reparation therefor to the injured alien or an alien claiming through him, or to the State entitled to present a claim on behalf of the individual claimant.2. (a)An alien is entitled to present an international claim under this Convention only after he has exhausted the local remedies provided by the State against which the claim is made.(b) A State is entitled to present a claim under this Convention only on behalf of a person who is its national, and only if the local remedies and any special international remedies provided by the State against which the claim is made have been exhausted.

Rola i znaczenie międzynarodowych rozwiązań prawnych wobec procesów globalizacji

2016 ◽  
Vol 14 (14) ◽  
pp. 70-80
Author(s):  
Tomasz Lenkiewicz
Keyword(s):  
Cultural Diversity ◽  
International Law ◽  
Environmental Protection ◽  
International Organizations ◽  
The State ◽  
Political Life ◽  
Global Order ◽  
Local Organizations ◽  
Nation States

Growing international interdependencies, weakening of internal and external sovereignty of the state and necessity of joint overcoming of problems and global threats reveals the necessity of creating new rules of global order, based not only on nation-states, but also on growing number of international organizations and institutions, regional groupings, communities and local organizations. The globalization of political life fosters rise of number of institutions, organizations and international groupings and development of international law. The cooperation between them should respect the rules of equality, freedom, democracy, partnership, solidarity, respect for cultural diversity and environmental protection.

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

scholarly journals Criminal Responsibility of States In International Law: Rethinking Or Permanent Abandonment of the Concept?

2021 ◽  
pp. 143-168
Author(s):  
Enis Omerović
Keyword(s):  
International Law ◽  
International Organizations ◽  
Criminal Responsibility ◽  
The State ◽  
Legal Responsibility ◽  
Crimes Against Humanity ◽  
International Crimes ◽  
International Obligation ◽  
Definition Of ◽  
Peremptory Norms

The responsibility of states and international organizations is an essential issue of contemporary international law. All other debates in this branch of law seem to follow up on this issue. In fact, whenever a state violates its international obligation, the question of the responsibility of such a state arises. However, in addition to being essential, this issue is also an extremely politically sensitive area, as only some states, guided mainly by demand for respect for their territorial sovereignty and the principle of equality of all states, are willing to accept all the consequences of such behavior in international relations with other subjects of international law, while those that consider themselves more equal than others (primus inter pares), particularly the great world powers, will be largely reluctant to accept legal responsibility for their illegal acts, and especially for the commission of international crimes in the narrow sense, which includes the crime of genocide, crimes against humanity, war crimes, and the crime of aggression. With international organizations, the problems in this regard are perhaps even greater.In this paper we examine the meaning of further survival of the concept of criminal responsibility of states and international organizations, wanting to examine the concept and definition of criminal responsibility of transnational corporations at the international level, while in the second part of the article we try to shed a light on political-legal responsibility. In addition to the fact that this concept is probably unsustainable under international law, it seems that the approach to advocating for the criminal responsibility of the state, as well as international organizations, is unnecessary. Therefore, we should work on building and thoroughly elaborating the concept of international responsibility of the state and the international organization in the conditions of international crimes stricto sensu, in other words, serious breaches of obligations arising from peremptory norms of general international law. In this way, without creating legally unsustainable constructions, essentially the same goal would be achieved.

scholarly journals HARMONIZATION OF ADMINISTRATIVE AND LEGAL REGULATION OF STATE GOVERNANCE OF ECONOMIC ACTIVITY IN UKRAINE: SOME LANDMARKS

2020 ◽  
pp. 44-57
Author(s):  
Svitlana Bevz
Keyword(s):  
International Law ◽  
Economic Activity ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
International Treaties ◽  
Integration Policy ◽  
European Union Law ◽  
State Governance ◽  
The Impact

The aim of this article is to consider the impact of international law and European Union law on legislation of Ukraine in general and on the state governance of economic field in particular. The methods of formal logic are used: analysis, synthesis, induction, deduction, generalization. The author analyzes the notion of “international act” and “international treaty” and determines what acts impact to national legislation; synthesizes and generalizes her own vision of the degree of influence of acts of international law on the legislation of Ukraine. Elements of Europeanization of administrative and legal regulation of state governance of economic field is delimited deductively. Conclusions are drawn about the need to change the content of state governance functions in economic field with applying induction. Results and conclusions. The author draws attention to the different status of international acts and international treaties. The Ukrainian state implements the European integration policy and development of its legislation, the systems of state agencies are influenced not only by treaties and acts that have been ratified, but also by those not ratified by the Verkhovna Rada, though approximation to which is being implemented. It is emphasized that the legal personality implemented by the state shall define the enforceable international acts. The analysis of international acts developed by non-governmental organizations (UNIDROIT, UNCITRAL, etc.) suggests that they are mostly of a private law nature and may become a source of regulation in state – business entity relations at the micro level, i.e. those relations in which the state exercises its economic competence by acting as the owner of the property. At the same time, the regulatory framework of state governance of economic activity at the macro level is influenced by international treaties, in which Ukraine participates as authority. International treaties governing state legal relations also contain rules governing certain private legal relationships (trade agreements, double tax agreements, legal aid agreements). The article also highlights one of the trends in the development of administrative law in many European countries, including Ukraine, i.e. the Europeanization of administrative law. The elements of Europeanization of administrative and legal regulation of state governance of economic activity are determined.

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