Implicit Consent to Treaties and Self-Determination: Brief Remarks on the Judgment of the Court of Justice of the European Union of 4 October 2024 Commission/Front Polisario
Ion GÂLEA
The article presents the most important considerations of the judgments of the Court of Justice of the European Union of 4 October 2024 in the cases Commission/Front Polisario (C-778/21P, C-798/21P and C-779/21P, C-799/21P). It examines in particular the interpretation given by the Court of the distinction between conferring a right and imposing an obligation, by a treaty, to a third party. Moreover, it analyses the consequences of the right to self-determination and of the permanent sovereignty over natural resources of a non-self-governing territory on the issue of consent of a people for an agreement to be applied on the territory at issue. Thus, the study follows the very detailed interpretation by the Court of Justice of the customary international law, in order to identify the conditions needed for the consent of a people to be presumed.
Conditions for the Lawful Exercise of the Right of Self-Defense by Permanently Neutral States
Olga DORUL, Andrei NASTAS
This article is part of a series of scientific endeavors signed by the authors on the subject of the legal content of the status of permanent neutrality. Since there is no international treaty in this area, over time, permanently neutral states have developed their own approaches to this status, strictly adhering to the essential obligations of abstention and impartiality. Being not a “popular” status in the international system, neutrality has not sparked much interest among scholars. Most works dedicated to the status, competences, and legal personality of the state in international law are limited to outlining the rights and obligations of the permanently neutral state, largely inspired by the provisions of Law of the Hague. Under these conditions, we consider it appropriate to review the content of the right to self-defense of the permanently neutral state by identifying its foundation, forms of implementation, and the challenges it faces. The investigation was carried out exclusively within the field of public international law, consciously avoiding reflections on the neutrality policy of states. Deduction, analysis (both logical and comparative), and synthesis have allowed for the formulation of conclusive ideas to demonstrate the thesis that permanent neutrality is not an obsolete concept in the contemporary international system, nor in the system of international public law. The institution of permanent neutrality deserves to be addressed today as a tool for ensuring global stability.
The Obligations to Respect, Protect and Fulfil ESC Rights under the ICESCR in Situations of Occupation: from Law to Practice or Vice Versa?
Laura-Maria CRĂCIUNEAN-TATU
The aim of this paper is to analyse the contents of the law of occupation through a human rights lens, thus focusing on states’ international obligations to respect, protect and fulfil economic, social and cultural rights, in contexts in which such states act as Occupying Power – including in cases of prolonged occupation – and to propose ways forward to address these international obligations, with a view to ensure the enjoyment of economic, social and cultural rights by the population residing in such territories. Having in mind this objective, the paper will firstly address the legal regime of occupation with the aim of identifying the entry points for international human rights law, including economic, social and cultural rights. Secondly, it will address the legal regime of economic, social and cultural rights in general, namely the obligations to respect, protect and fulfil such rights, the principles of equality and non-discrimination, the minimum core obligations, the maximum available resources, the non-retrogression and progressive realization with the aim of putting light on the possible challenges related to the implementation of economic, social and cultural rights in peace time. Thirdly, the paper will discuss the relationship between the law of occupation and human rights law, with a focus on economic, social and cultural rights, the aim of this section being to answer to the question: how the obligations to respect, protect and fulfil such rights are influenced/modified in situations of occupation, including when occupation which is prolonged in time. Finally, we conclude by identifying some ways forward to address these obligations.
Is the International Community Accomplice in Exacerbating the Palestinian Crisis?
Carmen ACHIMESCU, Maria BEBEC
This paper examines whether the international community, through inaction or selective engagement, has become complicit in perpetuating the Palestinian crisis. It traces the historical evolution of Palestine’s international status from the Balfour Declaration and British Mandate to the United Nations’ post-1945 framework. It highlights how geopolitical power asymmetries undermine the enforcement of international law. It further discusses the increasing “judicialisation” of the Palestinian issue, including recent proceedings and critiques the double standards of major powers in applying humanitarian norms. Finally, it contrasts the competing reconstruction and peace agendas proposed by the United States and Arab States, revealing a new structural paradox in global governance.
Three Pillars of Due Diligence and the European Union Cyber Security Legal Framework
Victor STOICA
This article sheds light on certain manifestations of due diligence in cyberspace, and its connections with standards enhancing capabilities of states, which, further, depend on various other elements. It reveals the degree in which the existing and expanding cybersecurity legal framework of the European Union contributes to the application of the principle of due diligence in cyberspace for the EU Members States.
It does so by focussing on clarifying three basic characteristics of due diligence, as interpreted under general international law: territoriality, information and risk. It further describes relevant provisions mirroring the three, regulated through the NIS2 Directive, the Digital Services Act, the General Data Protection Regulation, the AI Act or the CER Directive, as well as on policy documents of the European Union such as the EU Strategy regarding Cybersecurity or the Declaration on a Common Understanding of the Application of International Law to Cyberspace.
Accountability in the Deep Sea: Liability of Deep-Seabed Mining Sponsoring States under the United Nations Convention on the Law of the Sea
Teodora IACOB
This paper examines the liability of States sponsoring deep-seabed mining activities in areas beyond national jurisdiction under the framework of the United Nations Convention on the Law of the Sea, touching upon its parallel nature to the liability of the sponsored contractor. The clarification of the liability regime for deep-seabed mining operations is crucial given the growing interest in their commencement and the associated legal, environmental, and governance challenges. The research builds upon the relevant provisions of the Convention and their interpretation as outlined in the 2011 Advisory Opinion of the Seabed Disputes Chamber. For these purposes a doctrinal legal research approach was utilised. The article concludes that the liability of Sponsoring States – which have both procedural and substantive obligations in this field – is fault-based and secondary to that of the sponsored entities. The analysis also highlights the need for a strict liability regime for contractors, which would eliminate the need for residual liability of Sponsoring States.