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Abstract: The paper studies the manifestation of cyberspace in the context of the principle of sovereignty as a fundamental principle of public international law. It is a young phenomenon that is still difficult to define in a clear way in the international community. The author analyzes whether, to what extent, and which formal sources of public international law apply to cyberspace. The analysis focuses on three central sources of public international law international treaties, international customs and general legal rules. Cyberspace is then analyzed from two angles. Cyber space is then analyzed from two angles. The first, external aspect of the analysis seeks an answer to the question of whether, first of all, states as central subjects of international public law, but also the international community and to what extent, have sovereignty over cyberspace. Second, internal segment of the analysis is aimed at determining whether cyberspace has its own sovereignty. The paper briefly reviews the perspectives of the leading world powers, above all the United States of America, the People's Republic of China and the Russian Federation. The author concludes that it is necessary to continue working on the regulation of cyberspace, primarily through the institutions of the United Nations. Only regulation at this level can provide the necessary legal regulations that will adequately regulate a specific area such as cyberspace.
Abstract: The article offers a comprehensive exploration of the complexities and nuances surrounding international peace and the legal mechanisms designed to achieve it. It delves into the historical evolution of public international law concerning war, peace, and international security. The article underscores the evolution of warfare as a means to achieve political objectives through sovereign rulers and states, leading to attempts at restraining warfare by humanitarian principles. It discusses the roles of the League of Nations, the Briand-Kellogg Pact, and the United Nations Charter in their attempts to curb the war. Despite peace being crucial for human rights and international behavior, wars persist. Consequently, the article scrutinizes the primary challenges associated with upholding global peace. Ultimately, it concludes that while public international law is pivotal in the pursuit of peace and justice, realizing these ideals necessitates the united determination of the collective will of all peoples to work towards that direction.
Abstract: This article makes three arguments to contribute to this thematic issue’s intention of examining the role of public spheres in global politics. To begin with, it attempts to develop the concept of “strong” public spheres to include plenary organs of international institutions. It believes in the potential of this concept as a heuristic fiction. The study then examines the role of international law in shaping global public spheres and their role in global politics. International law’s characteristics have contributed to the current incomplete manifestations of global publics. Not only has international law constructed the institutional frameworks of the “strong” public sphere within international institutions, but it has also integrated civil society actors into the deliberative processes of will formation of these institutions. Finally, this research turns to international climate change law as a case study. The institutional structures created by international climate change law have not only created one “strong” public sphere in the form of the conference of the parties but rely on a second “strong” global public, the Intergovernmental Panel on Climate Change, which aims to institutionalise the global climate science community without abandoning an intergovernmental structure. What is more, the paradigm shift accompanying the Paris Agreement has made global climate change governance increasingly reliant on an active transnational global public sphere.
Abstract: Can there be rule of law at sea? In extending the traditionally terrene ideal seaward, there are a range of conceptual difficulties. These difficulties are outlined, and a recurring thought pattern is set out that is found in the traditions of thought about the rule of law as protecting members of a community from the abuse of power. Drawing on Jeremy Bentham's scattered remarks about maritime governance, three assumptions underlying this thought pattern, regarding territoriality, community, and protective function, are identified as requiring modification in the maritime context. Achievement of the rule of law at sea is possible, but reflects a number of limitations as compared to its terrene counterpart, limitations related to these three traditional assumptions.
Abstract: On 29 September 2021, the General Court of the European Union issued two judgments in which it annulled Council decisions approving trade and fisheries agreements concluded between the Union and the Kingdom of Morocco. The cases were brought by Front Polisario (Frente Popular de Liberation de Saguia el Hamra y Rio de Oro), the national liberation movement seeking independence for Western Sahara. The Front Polisario argued that the agreements, which applied with respect to the territory of Western Sahara, violated rules of public international law binding on the Union. In particular, the General Court found that the European Commission and the European External Action Service (EEAS) failed to obtain the consent of the people of Western Sahara before concluding the agreements. The judgments annotated here (collectively referred to as Front Polisario //are the latest in a line of cases involving legal challenges to international agreements between the European Union and Morocco on the basis that since these agreements apply to the territory of Western Sahara without the consent of the people of Western Sahara, they were concluded in violation of international law.
Abstract: The paper argues for the centrality of GPLs [general principles of law] as a primary source of international law. GPLs constitute basic building blocks of systemic coherence, both internally and between regimes (Part I). Focusing on them casts a bright light on judicial lawmaking, the fate of the "fragmentation" of international law, and inter-court dialogue. Debating the topic within the field of general public international law reveals fundamentally different "traditionalist" and "progressive" camps (Part II). In the meantime, the courts and tribunals of regional and specialized treaty regimes have constructed semi-autonomous domains of inter-locking principles, transcending jurisdictional boundaries, altering the nature and scope of international law and the decision-making of powerful domestic courts (Part V). The law and politics of GPLs have now become prominent, as the International Court of Justice (Part III) and the International Law Commission (Part IV) have recently moved to recognize, and contribute to, the development of GPLs. In the conclusion, we address an intractable dilemma: in developing principles, as a means of enhancing the effectiveness of international legal systems, judges reveal gaps between state consent and control, potentially undermining their own support.
Abstract: The scientific object of this contribution is an approach to Sustainable Development Goals (SDG) (and to sustainable developments) from the point of view of international law theory. We address the notion, functions and conception of public international law and the main theories in the context of SDG, as well as from the perspective of main discussions.
Abstract: Individuals have long occupied a precarious position within international law. Historically, conceived as the relation between states, international law rarely saw a need to consider individual claims; it was, instead, the role of states to bring claims on behalf of their nationals. As international law has become increasingly fragmented, however, globalization has thrust the individual onto the international legal plane. Within this landscape, we briefly consider individuals’ claims across three separate international regimes: (i) the International Court of Justice, (ii) investment treaties, and (iii) the World Trade Organization. We find that barriers for individuals’ recognition as rights holders persist across each. First, jurisdictional barriers remain fundamentally problematic for recognizing individuals’ claims. Second, the longstanding focus on treaty interpretation techniques has yielded little, if any, demonstrable impact on recognizing individuals’ rights. Third, mere reliance on reflecting human rights values, rather than specific and concrete structural reforms, has proven incompatible with realizing individuals’ rights within these three systems. Individuals qua rights holders have, rather acutely, recently experienced deeply troubling human rights violations on several fronts. Fundamentally, international law must protect human rights. This moment invites us to consider the systems on the international legal plane for individuals to seek such remedy and what barriers must be addressed to further such efforts.
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