... extremely interested in absolutely all states, including non-signatories of the 1982 Convention, complying with its norms and provisions, and the United States would successfully use the advantages derived from this.
However, at the level of the doctrine of international law, there is another point of view which holds that many provisions of the 1982 Convention still cannot be considered long-standing customary law norms. In particular, this applies to the right of innocent passage of warships through the ...
... Affairs Council (RIAC), Russian Presidential Academy of National Economy and Public Administration (RANEPA), and International Committee of the Red Cross (ICRC).
On September 19–21, 2018 Moscow hosted IV International Conference “Migration and International Law”. The event was organized by Russian International Affairs Council (RIAC), Russian Presidential Academy of National Economy and Public Administration (
RANEPA
), and International Committee of the Red Cross (
ICRC
).
Andrey Kortunov,...
Review of Chatham House Report “China’s Evolving Approach to International Dispute Settlement” by Harriet Moynihan
China did not participate in the structuring of modern international law after World War II, and now the world’s second-largest economy must fit itself into the rule system made by other countries. Moynihan relates this to Beijing’s distrust of international law in general, writing that China sees the ...
... must aspire to positivism, that is, it must follow the letter of the law because that is what was agreed by the states in question. Fortunately, it is not that black and white: for example, almost the entire Nuremberg process was built on customary international law, as the Geneva Convention of 1929 did not apply to a number of the conflicting parties in World War II.
Why are norms indifferent to how they are perceived?
[1]
The law, rules and norms are associated not so much with the ‘presiding ...
... international condemnation of war in the Kellogg-Briand Pact of 1928
[2]
, the precursor of the prohibition of the use of force
[3]
, set out in the UN Charter 17 years after – however, this prohibition is not covered by IHL, it is a matter of general international law (or, to be more specific,
jus ad bellum
).
Customary IHL rules were present even in the ancient times within various cultures and religions: usually they covered humane treatment of prisoners and general considerations of humanity and ...
Is international law in a crisis? How should new global political processes be regulated? What are the rights and obligations of non-state actors in the international arena? An attempt to answer these questions was made during the meeting of scholars, practicing ...
Private military and security companies have often been characterized as modern mercenaries, an accusation that merits serious consideration, as mercenarism is illegal under international law. Although they have not been officially deemed unlawful, an examination of the relevant normative context reveals substantial inconsistency between the growing use of private military force and the existing legal framework. The issue ...
... into any military chain of command. Due to these characteristics, PMSC personnel have often been described as mere mercenaries, an accusation that the companies themselves vehemently deny; understandably so, since mercenarism is illegal under existing international law. Some observers have supported the view that PMSCs and their personnel should not be classified as mercenaries in virtue of their corporate nature and the variety of services they provide to their clients, who have been anything from ...
