scholarly journals “Red Lines” of Modern Geopolitical Confrontations: Role of Political and Legal Values in Hybrid Warfare Era

2018 ◽  
pp. 656-665
Author(s):  
Serhii Zubchenko

The article analyses the place of political and legal values (in particular, the principles of international law) in the modern system of international relations. It is stated that Russia artificially creates hotbeds of instability and terrorism around the world to put pressure on certain states. Russia’s unlawful actions have also created a notable international precedent which goes beyond regional or continental security concerns. The author defines three main points: which state became the victim of aggression, who was the aggressor and how other states acted. Some current topical problems on the global diplomatic agenda, notably, concerning the international legal response to the Russian military aggression against Ukraine and acts of state terror-ism all around the world, carried out by Russia within the framework of the hybrid war, are highlighted. Considerations regarding the importance of trust as a vital element of interstate relations, the lack of which provokes conflicts, leads to the encapsulation of states, making it impossible for them to achieve sustainable and progressive development and to solve urgent common issues, are studied. It is noted that by the fourth year of the Russian-Ukrainian War some Western diplomatic circles have started to gradually analyze the Russian question, in particular, regarding the revision of the methodology for responding to Russian actions. The author stresses out that the issue of annexation of Crimea and Russia’s armed aggression against Ukraine cannot be removed from the international agenda until the territorial integrity of Ukraine and the just punishment of the aggressor are restored. To prevent the escalation of current negative geopolitical tendencies to the level of uncontrolled, it is necessary to follow a number of fundamental points, in particular the inviolability of the principles of international law, prompt response to obvious violations of this law, the inevitability of legal liability of violators of international law. In this context, the author asserts the necessity to ensure absolute adherence to the principles of international law as “rules of the game” of the geopolitical club and “red lines”, going beyond which generates uncontrolled processes of global scale, as well as the need to maintain international sanctions against the aggressor country – the Russian Federation – and entities, individuals and groups, affiliated with the Putin regime. Keywords: Russian military aggression against Ukraine, international law, political and legal values, principles of international law, diplomacy, foreign policy, national security, geopolitics, hybrid war.

2020 ◽  
pp. 147-157
Author(s):  
Serhii Zubchenko

The relevance of the article determines by urgent problems of the global diplomatic agenda, in particular, concerning the international legal response to the Russian military aggression against Ukraine and acts of state terrorism all around the world carried out by Russia within its doctrine of hybrid war. After the end of Yugoslav wars and up until 2014, the threat of full-scale military conflict in European continent was mistakenly evaluated as low, while the other threats (in particular, associated with globalization) considered to be more dangerous. However, the permission to use armed force in Ukraine, unanimously given to V. Putin by the Federation council of Russia on March 1, 2014 and the following events in Ukrainian Crimea and Donbas regions crushed the global order established after the fall of USSR and opened a horrifying terroristic «Pandora’s box» in the very heart of Europe. As a result of the study, political and legal proposals and recommendations were determined. Considerations regarding the role of trust as a vital element of interstate relations, the lack of which provokes conflicts, leads to the encapsulation of states, making it impossible for them to achieve sustain and progressive development and to solve important common problems, are substantiated. As a conclusion in this context, the necessity to ensure strict adherence of the principles of international law as the «rules of the game» of the geopolitical club and the «red lines», violating of which activates uncontrolled global scale processes, is highlighted. It is also necessary to ensure prompt response to apparent violations of international law that threaten international peace and global security. In addition, the urgent need to preserve international sanctions against the aggressor country — Russian Federation — and entities, individuals and groups, affiliated with the Putin’s regime, is insisted.


2021 ◽  
Author(s):  
Pierre-Marie Dupuy ◽  

International custom “as evidence of a general practice accepted as law”, is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.


2021 ◽  
Author(s):  
Donald K. Anton

International custom “as evidence of a general practice accepted as law”, is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.


Author(s):  
Amy Strecker

The final chapter of this book advances four main conclusions on the role of international law in landscape protection. These relate to state obligations regarding landscape protection, the influence of the World Heritage Convention and the European Landscape Convention, the substantive and procedural nature of landscape rights, and the role of EU law. It is argued that, although state practice is lagging behind the normative developments made in the field of international landscape protection, landscape has contributed positively to the corpus of international cultural heritage law and indeed has emerged as a nascent field of international law in its own right.


Author(s):  
David W. Forslund ◽  
David G. Kilman

With the arrival of the “World Wide Web,” we have witnessed a transition toward a truly global perspective with respect to electronic health records. In recent years, much more discussion has focused on the potential for international virtual electronic health records and what is required for them to become a reality in the world today (Kilman & Forslund, 1997). As the Internet becomes more ubiquitous and Web-enabled, we see access to electronic health records using these technologies becoming more commonplace. Even so, these Web-enabled health records still remain technologically isolated from other medical records in the distributed continuum of care; much of the standardization challenge still stands before us. We have witnessed startling technological advances, but we still face considerable obstacles to the goal of having globally standardized electronic health records. In this chapter we describe some of the issues associated with Web-enabled health records, the role of standards in the evolution of Web-enabled health records, and some of the barriers to the development of globally accessible electronic health records. We discuss possible ways to overcome these barriers and the kinds of benefits and opportunities that global health records will help provide. The global scale perspective makes more evident the very real and potentially tragic consequences of prolonged and unnecessary delays in deploying these technologies. Therefore, in an effort to promote a fuller consciousness of health safety, the chapter concludes with a comparative look at the negative impact of impediments in the movement toward global extensible electronic health records.


2011 ◽  
Vol 4 (2) ◽  
Author(s):  
Colin Picker

To the extent that international trade and development policy employs legal methods, institutions and participants, there is a need to take into account the role of legal culture. There are many different legal cultures in the world, including the widely found common and civil law traditions, as well as the many non-western legal traditions and sub-traditions found within the hundreds of different legal systems spread across the globe. International law has, however, traditionally eschewed consideration of legal culture—arguing that international law is unique, is sui generis, and as such domestic legal traditions were not relevant. Yet, the humans involved in creating and nurturing international legal fields and institutions will themselves reflect the legal culture of their home states, and will often import aspects of those legal cultures into international law. The same must be true of international development law. In addition, international legal fields, such as international development law, must often work within domestic legal systems, and as such they will directly interact with the domestic legal traditions. It is thus important to understand the interaction between the legal cultures reflected in the relevant part of that international law and in that of the domestic legal system. Such an understanding can be useful in ensuring the effective interaction of the two systems. This paper explores these themes, continuing the author’s past and ongoing consideration of the role of legal culture in international law, including its role within institutions such as the World Trade Organization.


2006 ◽  
Vol 1 ◽  
pp. 1-18 ◽  
Author(s):  
Javaid Rehman

AbstractSince 11 September 2001, international law and the community it governs are at a crossroads. While the world appears to be besieged by terrorist threats from non-state actors such as the Al-Qaeda, there is also a substantial risk of super-power unilateralism and arrogance. Amidst these crises, South-Asia occupies a sensitive and vulnerable position. The region is also beset with ethnic, religious, and domestic political conflicts which provide substantial threats to regional peace and security. Against the backdrop of the enormous complications faced by South Asia, the present article considers the role of international and regional institutions in developing forums for establishing peace and security for the region, as well greater promotion of human rights. A particular focus is upon the South Asian Association for Regional Cooperation (SAARC) which, it is contended, is an organisation capable of providing a suitable platform for peaceful dialogue within South-Asia.


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