Anthropogenic climate change is one of the effects of carbon dioxide emissions from the use of fossil fuels. The Climate Change International Legal Regime consisting of primary rules set out in ...international treaties has been established to reduce greenhouse gas emissions. Due to the lack of special secondary rules in this regime, a violation of its primary rules leads to applying the general rules of state responsibility in DARSIWA. The question is whether these general rules are compelling enough. The article shows that the attribution of GHG emissions to states is complex due to the lack of a specific causal relationship and diversity of GHG emitters. In addition, there is no absolute and comprehensive obligation for GHG emission under the climate change legal regime, which could hold the emitting state responsible. In addition, assuming the compensation as an inherent consequence of responsibility, state accountability rules cannot effectively deal with climate change because of the cumulative nature of damages and the discarding of compensation from the relevant treaties, particularly from the Paris Agreement. Therefore, in addition to the legal liability of states, other dimension of their responsibility including ethical responsibility should also be considered as much as possible.
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The paper is devoted to the analysis of countermeasures in the context of cyber operations. This circumstance precluding wrongfulness is one of the tools that states can use in response to (not only) ...malign cyber operations that fulfil the characteristics of an internationally wrongful act. The paper examines the various material and procedural conditions of countermeasures and the specifics of their implementation in cyberspace. The second part of the paper then discusses contentious issues related to countermeasures, namely the relationship between countermeasures and the principle of due diligence, the possibility of implementing forcible countermeasures, and finally the current status of collective countermeasures under customary international law.
The Global Compact for Safe, Orderly and Regular Migration (GCM) and the Global Compact on Refugees (GCM) were adopted by the UN General Assembly in 2018. After nearly five years, it is time for a ...critical reflection on the geopolitical interests that motivated the negotiations, agreements, and implementation. The purpose of this special issue was to critically examine how states used the Global Compacts to achieve their strategic interests using migration diplomacy. Each article attempts to question and problematise the assumptions, logics, and rhetoric put forward in the Global Compacts and resulting implementation by states and international organisations. The special issue also highlights the emerging norm of state responsibility for well-managed migration within the Global Compacts, and the notable silences around non-refoulement, internal displacement, and climate migration. The authors in this special issue worked to understand the gaps, hypocrisy, and contradictions in the implementation, now five years after the adoption of the Global Compacts. This introduction article lays out the driving questions for the special issue, along with our main themes, concepts, and contributions.
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Environmental law enforcement put forward settlement of dispute through administration law as well as civil and criminal law. Based on the principle of state responsibility, the state will guarantee ...that the utilization of natural resources will provide benefits for the greater well-being and quality of life, both present and future generations as a goal of the implementation of sustainable development.The formulation of the problem a point issue is environmental management in Indonesia by the state in accordance with the principle of state responsibility? And, how is the implementation of sanctions as environmental law enforcement based on Government Regulation of the Republic of Indonesia Number 22 of 2021 concerning the Implementation of Environmental Protection and Management? The method used in this research is juridical normative with regulation approach. The results of the study conclude that Indonesia has not been maximized in carrying out the function of the principle of state responsibility because there is still a lot of forest destruction that has occurred, and law enforcement, both administrative, civil and criminal, should be carried out in a balanced manner so that the deterrent effect of law enforcement can be a reflection for the parties who will do environmental damage
The state’s liability for damages in the field of climate change remains one of those areas of international law that has not yet been comprehensively regulated. At present, the Warsaw International ...Mechanism for Loss and Damage, specific to the norms of international climate law, is not an alternative to the general principles of international law regulating responsibility and compensation issues of the states in the sphere of international climate law. The application of customary international legal mechanisms of responsibility of states in relation to climate damage can be a kind of challenge. Both the damage itself and elements such as causation or the possibility of attributing responsibility to the state pose a significant challenge in the sphere of climate protection. On the other hand, it is impossible not to notice that properly applied norms of general international law make it possible to overcome the difficulties arising from the specificity of the responsibility of countries for climate change. The latest jurisprudence of the International Court of Justice in environmental matters creates a framework for the settlement and implementation of possible liability for damages in the area of climate change.
Since the beginning of the Russia-Ukraine conflict, States worldwide have provided support, primarily through various weapon supplies to both parties. This paper analyses whether these arms transfers ...follow international law from three perspectives. The first perspective looks at treaties governing the trade of prohibited weapons before looking at the general trade of weapons under the Arms Trade Treaty and state obligations under its articles. The second perspective evaluates the derivative liability incurred by any State which makes such arms transfers under Article 16 of the Articles on Responsibility of States for Internationally Wrongful Acts, 2001, and how it is impacted in light of humanitarian law violations by Ukraine. The third perspective accounts for the arms transfers and support provided in the eyes of the law of neutrality.
Through consideration of new developments in the United Kingdom's intersex policy, this article traces the ways in which responsibility is produced, naturalized, and avoided by individuals, ...institutions, and the state. Jurisdiction is identified as a barrier to the attribution of responsibility that must be overcome to achieve progress in relation to the needs of intersex people. By bringing together jurisdictional analysis and vulnerability theory, this article demonstrates how the state has traditionally abrogated responsibility by compartmentalizing specific practices as governed by medical authority. It highlights that such accounts mask the role of the state in the creation of jurisdiction and the ways in which governance is conducted. Challenging these boundaries allows vulnerability theorists to move the state towards greater levels of responsibility. By combining these theoretical tools, the article enhances the practical utility of vulnerability theory and advances an important agenda for intersex people.
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In current discussions, many commentators express a fear that 'broad' human security approaches are being sidelined by the rise of the 'responsibility to protect' (R2P) and the 'narrow' focus on ...military intervention. An alternative reading is sketched out here, which suggests that debates over 'narrow' or 'broad' human security frameworks have undertheorized the discursive paradigm at the heart of human security. This paradigm is drawn out in terms of the juxtaposition of preventive human security practices of resilience, working upon the empowerment of the vulnerable, and the interventionist security practices of liberal internationalism, working upon the protection of victims. It is suggested that human security can be conceptually analysed in terms of post-intervention, as a shift away from liberal internationalist claims of Western securing or sovereign agency and towards a concern with facilitating or developing the self-securing agency – resilience – of those held to be the most vulnerable. This approach takes us beyond the focus on the technical means of intervention – whether coercive force is deployed or not – and allows us to see how international intervention, including under the R2P, increasingly operates under the paradigm of resilience and human security, thereby evading many of the problems confronted by liberal framings of intervention.
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From January 2015 to December 2017, approximately 1.6 million migrants crossed the Mediterranean to reach Europe. The death toll was dramatic, with almost 15,000 drowning. In response to the void ...left by the ending of the Italian-led Mare Nostrum mission, several non-governmental organizations (NGOs) launched their own search and rescue (SAR) operations, rescuing over 110,000 migrants. In this article, we argue that states have the responsibility not only to coordinate, but also to directly provide adequate SAR operations in the Mediterranean, and that these responsibilities are presently being abdicated. Although much criticism of NGO maritime rescuing operations is misplaced, non-governmental SAR has notable limitations, and states are ultimately responsible for this shortfall.
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