Browsing by Subject "International Law"

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  • Wesanko, Jyri (Helsingin yliopisto, 2021)
    Abstract The two globally leading anti-corruption acts, the United States’ Foreign Corrupt Practices Act (‘FCPA’) and the United Kingdom’s Bribery Act, stand at the forefront of international fight against corruption. These acts prohibit foreign bribery of public officials with an extraterritorial jurisdiction. During the past years, enforcement activities of these laws have significantly grown. Only during 2020, the total penalties for violations of the FCPA imposed by the US authorities to companies was USD 6.4 billion. Out of these 12 companies only one was from the US: jurisdiction of this strict act is exceptionally broad. A company involved in international business and the individuals representing it may face severe penalties, if the company fails to prevent corruption in its business. The US and UK anti-corruption regulation include, however, a significant defence mechanism for the companies. If the company can demonstrate, after having violated either the US or UK anti-corruption laws, that despite its representative engaged in foreign bribery, it has an effective corporate compliance and ethics program, it may receive declination or at least substantial credit possibly worth of millions. The US and UK authorities have issued guidance on corporate compliance and ethics programs to support the prosecutors in their enforcement activities. This guidance also supports the companies in identifying what is required from a corporate compliance and ethics program to be considered effective. This guidance is of utmost importance for companies, as comprehensive case law is not available when majority of cases are settled. What is enough when it comes to corporate compliance and ethics programs? The requirements of the FCPA and UK Bribery Act on corporate compliance programs are studied in this thesis using a comparative research methodology, demonstrating that full compliance with these acts can be reached simultaneously. However, it is also concluded, that given the inadequate guidance by the supporting documentation, the companies cannot verify their compliance without their compliance and ethics programs being investigated by the authorities, ie US or UK prosecutors. A clear lack of guidance is identified.
  • Nissel, Tzvika (Helsingin yliopisto, 2016)
    State responsibility is the doctrine that regulates international enforcement actions. Among international lawyers, there is a shared sense of mystery about State responsibility. While the doctrine clearly guarantees the enforceability of international law, its practice consistently languishes from a lack of international policemen. History is one lens through which to view this paradox. In this study, I describe the three most influential efforts to establish a legal standard for international enforcement actions: U.S. diplomatic practice, German legal theory and U.N. codification. In the late nineteenth century, lawyers in the U.S. State Department turned to international tribunals to redress alien injuries. These lawyers relied on international law to justify their legal intervention. Latin Americans, who were frequently the respondents of such claims, disputed the relevance of international law to its treatment of aliens; to them, alien protection was essentially a domestic affair. However, by the twentieth century, a U.S. practice of arbitration had established that States could be held responsible for breaching their international duties to protect aliens. The resulting awards were professional but haphazard. States were ordered to pay reparations for alien injuries, but why and how much they had to pay remained largely unarticulated. The first systematic treatment of State responsibility surfaced in late-nineteenth century Germany. These early writings were extrapolations from domestic principles of law rather than inductions of international awards. German lawyers viewed the U.S. practice of international arbitration as ad hoc settlements of private disputes rather than as the adjudication of public disputes. Thus, the German approach to State responsibility was not restricted to the field of alien protection in particular; it provide for the preconditions of international liability in general. When the U.N. undertook to codify the field, it chose to base its efforts on German theory rather than on the U.S. practice. This strategy divided State responsibility into general and specific parts. Generally, enforcement actions were subject to the U.N. doctrine. Exceptionally, a specific practice (e.g., alien protection) was permitted to continue as lex specialis. Contrary to many commentators, I see no crisis in this result. No singular doctrine has ever encapsulated the practice of international enforcement. Since the 1870s, international lawyers have employed State responsibility as a pliable concept to suit particular ends. By providing these perspectives, I hope to illustrate how three groups of lawyers practitioners, theorists and doctrinalists have been able to cope with the enduring mystery of State responsibility.
  • Sofi, Sivan (Helsingin yliopisto, 2022)
    When it comes to resolving disputes, planning before the conflict has arisen has become more and more a substantiated phenomena around the world. It is interesting to analyse and explore whether this could be possible also in solving work related individual disputes in Finland by other means. The typical solving method is through litigation, in Finnish district courts. However, This often requires a greater amount of resources and time than what a normal employee might not have, at least they would be in a weaker position than the employer in court. Thus, other ways to resolve these types of disputes do exist, Nevertheless, among litigation there are alternative dispute resolution methods. One of the methods is part of the research question of this paper, so-called Arbitration. Arbitration is private, efficient and usually less costly than litigation. It is highly used in business related disputes between two businesses in Finland, but it is intriguing to gain knowledge if it is used or could be used in individual disputes concerning work related disputes. The main focus will be in Finland because arbitration is not relatively used as much as it is in other countries in individual disputes, especially in employment relationships. What makes everything complicated and Finland an interesting topic is the availability of a labour court that doesn’t resolve all labour disputes, the vital principles that protect weaker parties like the employers and many other laws which interfere with arbitration. It is not solemnly up to the parties to go with arbitration even though arbitration is described as a process that is voluntary and time efficient. The features of arbitration would probably be ideal for both employees and employers, but there are downsides which will be explained and demonstrated in a more detailed manner. Even though it would be ideal, especially for workers to receive the verdict or judgement sooner in cases like illegal determination of work contract, there are other perks lost when one chooses arbitration over litigation. One of these includes the legal-aid the state offers in Finland, which is not admitted to arbitration. This might or mostly does put the employee and employer in an unpleasant disadvantage even though arbitration considered the parties to be equal. Along with these other values are considered and weighted along the research. Thus, Our main focus is whether arbitration could be possible or even allowed to be used in Finland in individual work related disputes, if not, maybe there could be an opening soon for arbitration in the future.
  • Tarkiainen, Lauri Vilppu Juhani (Helsingin yliopisto, 2019)
    The purpose of this study is to research legal challenges and solutions for data sharing with autonomous ships. Autonomous ships store and share a significant amount of data, and data sharing occurs between various parties with autonomous ships. The aim of this study is to analyze and examine the legal challenges and solutions related to different types of data sharing activities in autonomous shipping, as well as to research the general legality of autonomous ships. The first part of this study is to study how well autonomous ships fit into the existing legislative framework. The existing legislative framework is mainly based on IMO conventions, and the purpose of this study is to research those conventions from the perspective of autonomous ships. Based on this research, amendments are proposed when necessary to better support the legality and development of autonomous ships. In addition to the IMO conventions, other relevant sources, such as guidelines on MASS trials, are examined to highlight guidance on the development of autonomous ships. The legal analysis on IMO conventions and other sources shows that as the level of autonomy of a ship increases, the more challenging the ship is for the legal framework. Several conventions directly mention the need for a master and crew to be physically present on board, and various watchkeeping duties are required to be performed by human senses. Regarding the use of human senses, a legal argument can be made to accept technological means as long as they are at least equally functional than human senses. For remotely controlled ships, a legal question is whether a master and crew can operate from the SCC and how well this satisfies the requirement to operate on board. Recommended action is to amend those IMO conventions that require physical human presence and decision-making to accept the lack of manned crew and the presence of autonomous decision-making. However, technical requirements are recommended to be included in the legal amendments to the conventions to ensure a high level of safety and functionality. The second part of the thesis examines legal challenges and solutions for data sharing with autonomous ships. First, a factual assessment of data sharing principles with autonomous ships are described and discussed, and afterwards a legal analysis is conducted. The legal analysis on data sharing and autonomous ships examines what kind of legal challenges exist with data sharing and autonomous ships and how to solve them by legal solutions. Cyber security is a key challenge with autonomous ships, and its role in data sharing is analyzed and requirements to have robust cyber security systems are recommended. For operational data sharing, the issue of ensuring a functional data flow is necessary. Autonomous ships should be legally required to have strong data sharing and connectivity capabilities in order to comply with requirements to share information. Also, this requirement is to achieve as safe and functional navigation as possible. The role of ship-to-ship and ship-to-port data sharing are examined, and legal requirements should facilitate their maximal utilization. At the end of this study, a contractual framework is applied by using the Sitra Rulebook on data sharing in order to illustrate how contractual means can support data sharing with autonomous ships.
  • Paricio Montesinos, Marta (Helsingin yliopisto, 2022)
    This study aims to make a preliminary assessment of the role that the new ILC Draft PERAC principles could play in the OPT. It argues that the application of standards and norms protecting or compensating for the environmental damage in times of armed conflict has been highly influenced by the political context. At the same time, it finds that two of the main causes of the environmental challenges in the OPT are Israel’s activities and the lack of environmental regulations for companies operating in the occupied territory. In addition, the Palestinians face serious difficulties in accessing justice. There is a domestic lacuna since Palestinian courts have limited competences and the Israeli Courts have showed bias towards Palestinians. Internationally, it is highly unlikely that Israel will accept the ICJ’s voluntary jurisdiction, and it is doubtful that the case before the ICC is adequate to tackle the systemic oppression in the OPT. On the other hand, since Palestine is becoming a party to different agreements and treaties, it can now use the dispute settlement mechanisms established in MEAs which Israel has also ratified, such as the Basel Convention. This has enabled Palestine to bring complaints against the illegal transfer of hazardous waste by Israel to the OPT. This showed that what is required is a change in the Israel’s practices and policies or more available dispute settlement mechanisms. Finally, it finds that the ILC Draft PERAC principles are unlikely to force a change in Israeli practices. At the same time, for the time being, they do not establish any forum or dispute settlement mechanism. Thus, their role and impact on the OPT is limited. Nevertheless, because of their innovations and clarity, they offer a new framework of understanding that can be highly beneficial in diplomatic relations, educational purposes, and in the formation of expectations and demands. Moreover, it will support and offer an additional legal language in the different strands of activism ad advocacy led by Palestinian NGOs.
  • Huttunen, Juri (Helsingin yliopisto, 2022)
    This study examines the use of migrants or asylum seekers as a means of pressure by States towards other States. The term ‘coercive engineered migration’ (CEM) by Kelly Greenhill, denoting cross-border population movements that are deliberately created or manipulated in order to induce political, military and/or economic concessions from a target State or States, is used as the factual framework in this study to describe the phenomenon under examination. Inspired by the recent events between Belarus and its neighbours, this study looks at a situation, where a sending State, outside the EU and CoE, is deliberately sending asylum seekers to its neighbour, the receiving State, being an EU and CoE Member State. The research question guiding this study is: ‘Can an EU and CoE member State receiving asylum seekers in connection to a situation of coercive engineered migration prevent the entry into its territory from said individuals?’ An answer is attempted via doctrinal analysis of the receiving State’s rights under the jus ad bellum and parallel obligations under international human rights law, namely obligations relating to non-refoulement and collective expulsion of aliens under the ECHR. It is submitted that a CEM situation may amount up to a use of force and where it does, in order to draw a balance between the State’s rights and the human rights of the asylum seekers, the receiving State should be able to derogate from its collective expulsion-related obligations under the ECHR and the EU Fundamental Rights Charter in order to close off a portion of its land border to defend itself against the CEM situation deliberately created by the sending State.
  • Aho, Johannes (Helsingin yliopisto, 2022)
    There has always been an imbalance between a small buyers and professional sellers. Understanding and managing the market ecosystem for ones’ advantage requires resources. Given the larger amounts of resources professional seller parties often possess, especially compared to small buyers, they have the possibility to find out the key elements of prevailing market ecosystem, and correspondingly understand and utilize better the existing options. Hence professional sellers often have the upper hand in trade negotiations and ability to dominate trade related negotiations and terms of trade. There is a demand for a different kind of trading approach that would provide quickly better temporary or permanent bargaining position for small buyers. Small buyers could benefit from a functional, scalable, international, and effective way to access and form legally qualified buyer groups that can gain negotiation leverage and correspondingly discounts that usually only a large buyer organisation can access. Fundamental challenges in grouping parties in order to obtain leverage in trade negotiations culminates in how to first identify and group different parties into buyer groups and then to define the rights and responsibilities between the group members. It becomes evident that technology, such as an online platform, is required to perform such a procedure. The platform is a plug-and-play business model that allows multiple participants (e.g. small buyers and professional sellers) to interact with each other and create and exchange value. This thesis will present core concepts and regulation related to digital grouping of buyers into buyer groups in the EU. With the information obtained, a Buyer Grouping Process Framework, sort of an algorithm, is developed. This Framework provides a way to efficiently group buyers with similar demand, and then to define appropriate legal entity under which buyers can group, conduct bidding, and make desired trade with a leverage and consequently with better terms.
  • Miller, Carola (Helsingin yliopisto, 2022)
    The need to effectively regulate the environment is recognized globally, for example, under the Paris Agreement, states are obligated to formulate national policies to combat the adverse effects of climate change. However, states are increasingly facing the consequences of such regulation in investment arbitration, as these progressive environmental protection goals can lead to a multi-billion claim made by foreign investors. International investment law and the investor-state dispute settlement are currently going through a so-called “legitimacy crisis” as there has been criticism towards both its substantive and procedural levels. As a response to this imbalance, there has been a move towards trying to reestablish international investment law. The overall purpose of this thesis is to examine the conflicting dimension of the link between environmental and investment protection. The aim is therefore to examine the defects of the international investment treaty regime in relation to the sovereign right of states to regulate environmental concerns. This is done by examining frequently used substantive treaty provisions that protect foreign investment: expropriation, fair and equitable treatment (FET), most-favored-nation (MFN) and national treatment (NT). It then examines how investment tribunals have interpreted these provisions when a foreign investor has challenged environmental measures taken by the host state in investor-state arbitration. This thesis further examines whether new types of clauses introduced in international investment agreements in recent years have succeeded in balancing the rights of investors with the interest of states in regulating public issues such as the environment. These include environmental treaty language that clarifies that investment protection should not be implemented at the expense of public policy issues. This thesis finds that both the vaguely worded investment protection provisions in international investment agreements and the inconsistent practice of arbitral tribunals have created uncertainty about the extent of state liability. It therefore seems that international investment law is still in a formative stage with respect to public interest concerns such as environmental protection. These reforms may increase the interaction between international investment law and environmental protection. However, these measures are not sufficient as they do not reduce the likelihood of a state being sued in investor-state arbitration. Therefore, more radical reforms are needed in the future to address the negative impact of the investment regime on the environmental protection measures of states.
  • Aloia, Vinicius (Helsingin yliopisto, 2020)
    The recent shift in paradigm caused by the increasing democratisation and commercialisation of outer space, commonly referred to as ‘NewSpace’, has once again rekindled humankind’s interest in space and space exploration. The trend to global digitalisation is changing the traditional face of space activities and the space industry is now subject to a commercialisation wave. With technological advancements, private commercial entities have taken it up to the stars in order to turn a profit. New actors in NewSpace range from the pragmatics of the space industry, dealing with, for instance, satellite communications and connectivity, satellite components, satellite navigation, and launch services, all the way to the dreamers postponing immediate rewards, working towards concepts such as mining and utilising space resources, in-orbit servicing of satellites, space tourism, where space is conceived as an instrument for implementing new business models and ideas. While the traditional space industry dates back to the space race, States are no longer the only actors with spacefaring capabilities. The emergence of NewSpace, private non-governmental actors taking part in space activities, and new business models call for new technologies and implementation practices that create new legal and regulatory challenges that NewSpace companies and the traditional commercial space sector need to take into account in their business activities. To answer whether the current international and national legal framework is sufficient to accommodate the recent paradigm shift and new trends and the approach of the Nordic countries, this thesis will provide a cursory look on the issue and scrutinise the main legal and regulatory challenges faced by NewSpace companies, and, when appropriate, the impact on and the response of Nordic countries in tackling these challenges. First, it will provide the necessary historical background on the space industry as a whole, explaining the roots of NewSpace and how the industry has developed to its current state. Second, it will introduce the basic concepts of space law, the five international space treaties – which compose the international legal framework on space activities – and a more in-depth look on the basic requirements and conditions for authorisation in national space legislation. The national legal framework for space activities in Norway, Sweden, Finland, and Denmark will be examined comparatively and their impact of national legislation on the private space industry in the Nordic countries. Finally, this thesis analyses the main legal issues surrounding both the traditional space sector, such as contract practices in the space industry, aspects of space insurance, and export, and hallmark projects typical of NewSpace, such the exploitation of space resources from the Moon and other celestial bodies, and suborbital flights, and active debris removal.
  • Forji Amin, George (2020)
    This thesis examines the historical economic processes and legal regimes between the 15th and 19th centuries that caused Sub-Saharan Africa to assume the trajectory of underdevelopment in the world system. Particular emphasis is placed on various development initiatives which international law has historically legitimated for Africa and how they have shaped the continent economically. It is underscored that European extraterritorial imperialism during the era under consideration, was a political expression, poignantly expressed through evangelizing and civilizing missions. The first objective of the thesis is to interrogate the economic and legal components of the evangelizing and civilizing missions, especially the way in which international law introduced two economic institutions that were to shape the economic future of Sub-Saharan Africa for centuries, namely: trade and private property rights. The study observes that a regime of exception advanced by publicists between the 15th and 18th centuries, enabled international law to conceptualize human beings as legitimate private property. Upon invoking and relying on Papal Bull decrees as well as just war doctrines, European powers were able not only to trade Sub-Saharan African peoples as commodities (slaves), but also maintained them in the Americas under conditions of bondage as legitimate goods, marred by grave violation of rights. The second objective is to explore the techniques according to which African Sovereignty was roundly submerged into European Sovereignty in the 19th century, following the wave of rivalries by varying European companies scrambling for territorial control across Africa. It is underscored that the validation of the concept of “effective occupation” at the 1884-85 Berlin Conference as an acceptable legal standard for European appropriation of colonies on the continent, not only resulted to the partition of the continent to become European protectorates but moreover brought about a pivotal shift in the discipline of international law. The 19th century was accordingly animated by the logic of the civilizing mission—the duty of the civilized to rule and nurture the uncivilized—a modality for preparing them to join the family of nations. The study underscores that doctrines of trade and property rights sanctioned by international law resulted to a trend of dispossession of non-Europeans in general and Africans in particular by Europeans colonizers. While it is peoples that Africa was robbed of during the first era (15th-18th centuries), in the second era (19th century), the entire continent was appropriated and partitioned as protectorates of European sovereigns. This study embraces two interdisciplinary methodologies, which are primarily historical but also critical and philosophical. The two approaches are Marxism and Third World Approaches to International Law (TWAIL). Whereas the former puts emphasis on the exploitative nature of the international legal order and its historiography, the latter conceives international law from the standpoint of the Third World, denouncing its current oppressive nature while at the same time underlying its liberating potential.
  • Nordman, Jenna (Helsingin yliopisto, 2020)
    This thesis examines actual and potential human rights impacts of fashion industry. The main approach on subject is from the viewpoint of business and human rights, but corporate social responsibility and sustainability are utilised and discussed as well. Fashion industry in the thesis is defined in an encompassing manner, including productions, marketing and retailing of clothes, footwear, accessories, and cosmetics. Fashion industry is the second largest sector of industry in the world. Many different areas of human rights, recognised in international human rights instruments, are impacted directly and indirectly through actions and functions of fashion industry. ‘Race to the bottom’ and fast fashion phenomenon have pushed down the prices and quality of fashion merchandise during the past decades. Fashion industry is labour-intensive and low prices are often the result of poor working conditions and remunerations that are significantly below living wages. Child labour, forced labour, dangerous working conditions and lack of unionisation are common and result to widespread egregious human rights violations in the manufacturing and production of the raw materials in fashion industry. Industry’s use of natural resources is often reckless and wasteful, and overproduction has resulted to discarding and destroying large quantities of unsold merchandise. More direct human rights impacts, relating to fashion industry and environment, can occur through use and disposal of chemicals and dyes in the manufacturing processes that can have an affect on the living standards and health of the surrounding communities. Different forms of discrimination have been commonly manifested within the industry. There have been numerous lawsuits on discrimination and harassment in workplaces in fashion industry. Statistics, as well as researches based on interviews, show diversity to be realised poorly in the fashion business. Portraying harmful and offensive stereotypes in marketing practices and advertisement reflects problems of discrimination that are deep rooted in the company cultures of the industry and portrays lack of awareness on the issue. Right to property is often infringed in the fashion industry, since copying designs is a common custom. Most well-known cases are between major fashion labels, but in this work, the focus is on rights of small designers and on cultural property of distinct culturally unified groups of people. Taking intellectual property without permission from independent designer can potentially infringe their right to property as well standard of living and using cultural property of a distinct community can be an offensive on the group’s dignity, beliefs and traditions as well as infringement on their economic rights. In this thesis these issues are approached with a somewhat holistic manner. The main tool is the UN Guiding Principles on Business and Human Rights and a loose template of human rights impact assessment, based on the principles, but issues are processed from multiple focus points. There are currently various voluntary models for responsible business practices as well as national laws and different initiatives on corporate social responsibility, business and human right and sustainable business conduct. This fragmentation makes it essential to approach the issue with an all-inclusive method.
  • Kalkku, Saramaria (Helsingin yliopisto, 2022)
    The thesis discusses recent instances of application of the principle of universal criminal jurisdiction in Finland, Germany, Argentina and in several nations to the situation in Ukraine. Despite the lacking international consensus at the United Nations and the prevailing academic dissonance, the quantity and frequency of national adjudication of international crimes have been multiplying. The increasing number of cases in new hotspots have shifted the traditional balance of where international crimes are being tried. The cases will be discussed in light of the present doctrine on universal jurisdiction. An overview will be provided to the doctrinal development and international lawmaking efforts as well as international practice. The national cases will be discussed alongside the relevant national legislation and practice. The cases will show numerous legal challenges such as unforeseeability in the reality of the practice. Some closely connected principles will be also discussed in light with the cases such as judex loci deprehensionis, aut dedere aut judicare and the legality principle. The doctrine and the national judicial practice on the principle of universal jurisdiction seem to be in separate realities. The amount of adjudication in national courts is increasing and many of the fundamental doctrinal questions of definition, scope and application criteria remain undecided. The cases with complex settings of international and non-international conflicts as well as differences in legal cultures create challenging settings for national first instance judiciaries to determine and serve justice.
  • Higuera Ornelas, Adriana (Helsingin yliopisto, 2022)
    AI-driven innovation offers numerous possibilities for the public sector. The potential of digital advancements is already palpable within the tax administrations. Automation is efficiently used for tax assessments, to perform compliance management, to enhance revenue collection and to provide services to taxpayers. A digital transformation encompassing Big Data, advanced analytics and ADM systems promises significant benefits and efficiencies for the tax administrations. It is essential that public organizations meet the necessary legal framework and safeguards to expand the use of these automated systems since its sources of information, technical capacity, and extent of application have evolved. Using Finland as a case study, this research assesses the use of automated decision-making systems within the public sector. Constitutional and administrative legal principles serve as guidelines and constraints for the administrative activity and decision-making. This study examines the lawfulness of the deployment of ADM systems in the field of taxation by looking its compatibility with long-standing legal principles. Focus if given to the principles of the rule of law, due process, good administration, access to information, official accountability, confidentiality, and privacy. Numerous public concerns have been raised regarding the use of ADM systems in the public sector. Scholars, academics and journalists have justifiably pointed out the risks and limitations of ADM systems. Despite the legal challenges posed by automation, this research suggests that ADM systems used to pursue administrative objectives can fit with long-standing legal principles with appropriate regulation, design and human capacity.
  • Manner, Tupuna (Helsingin yliopisto, 2021)
    International maritime transportation of goods is an inevitable part of global trade and economics. Over 90 percent of global trade are seaborne. Shipping is considered as cost-effective transport mode and it emits less greenhouse gases than e.g. freight or air cargo. Global trade is expected to rise. Shipping industry must be able to answer to the increasing demand of delivering shipping services while adapting to sustainability requirements such as reducing GHG emissions. Shipping interests both public and private sectors and engages complex cross-border supply chain stakeholders from various interest groups. International sustainability and maritime policies are affecting shipping industry from multiple levels. Both the European Union and the United Nations are implementing new normative tools and mechanisms to enhance a sustainability trajectory into all areas of business and society. Traditional treaties and conventions are supplemented by new objectives to meet the overarching sustainable development and economic growth requirements. Three complex subject matters are discussed – the international maritime regulatory scheme, climate and sustainability regulatory scheme and, the wicked problem of reducing shipping industry GHG emissions. An interdisciplinary method is used. The overarching research theme is – what actions and measures are needed in order to safeguard that shipping industry can answer (i) to the increasing demand of delivering shipping services and, (ii) to the increasing sustainability requirements. Two research questions are asked: 1) who governs international maritime affairs and shipping sustainability objectives in the context of shipping GHG emissions reductions, and 2) how to implement the GHG reductions objectives in the shipping industry? In order to attain sustainable development objectives into shipping industry practices, innovative administrative solutions and governance models are needed from the maritime affairs policy makers on both national and international level. Interdisciplinary and innovative solutions are needed to tackle emissions reductions objectives.
  • Toivanen, Reetta; Cambou, Dorothee (Helsinki University Press, 2021)
    Human rights are among the key concepts of sustainability science because they constitute the basis for sustainable well-being in any given society. Human rights form an understanding of a world in which individuals and peoples can trust in justice and claim rights by virtue of being human. The idea of an international human rights law is that it is not up to a specific government to decide how it treats individuals and peoples living in its territory. Thus, human rights form a discourse of emancipation with a universal outreach. They are essential to achieve sustainable development as specified inthe 2030 Agenda for Sustainable Development, which indicates that the implementation of the Sustainable Development Goals (SDGs) is based on human rights. However, there are some tensions that continue to oppose SDGs to human rights. This is partly the case in relation to the rights of Indigenous peoples, an issue that will be further explicated in this contribution with regard to the situation of the Indigenous Sámi people. This chapter elaborates on the concept of human rights from the perspective of sustainability sciences. It explores human rights as a concept of law and as a concept of global politics, and it analyzes its differing functions depending on the contexts in which it is applied. This contribution considers the recent interconnections of human rights with the issues raised by sustainable development and the rights of Indigenous peoples.
  • Salmimies, Johannes (Helsingin yliopisto, 2021)
    In this Master’s thesis, “International Courts: Challenges New and Old - A Deconstruction on the Work of International Courts”, the aim is to critically appraise some characteristics of international courts that seem to hinder their impact and be problematic to their legitimacy. It presupposes that these features are hidden by the conventional legend-building narratives on international courts. To deconstruct this framework in which they operate, the thesis focuses on three features it argues are connected: the type of justice international courts provide; the democratic legitimacy vacuum in which they operate and the effect of fragmentation and the proliferation of international courts. The inspirations for the thesis notably stem from the remarks that other institutions have raised in popularity in tackling issues of international justice, and from the observation that the issues faced by international courts have, to some extent, remained similar for over a century. The thesis also accepts as a starting point that legal theory on the international field lags behind reality and has struggled to provide a comprehensive theoretical framework under which international courts operate. In order to locate the questions to be asked and to provide an explanation of their need and perceived benefits, the thesis first lays out the historical context of the emergence of international courts on the international stage. This historical context is argued to be closely connected to the legend-building narratives on international courts. Next, in chapter three, inspired by the notion of micro and macro justice, the thesis then makes observations on the kind of justice international courts actually can and should aim for and the results they can achieve. It argues that international courts are limited in the type of justice they can provide, and thus unable to alone reach the goals they were created to fulfil. In chapter four, the thesis then notes that the democratic legitimacy of international courts has been considered questionable from their very appearance, an issue argued to be of relevance still today, not least to the glaring lack of a global demos. It is thus observed that due to the reality of the international field, international courts have had to take the role of a norm-creator. The thesis argues that none of the traditional counter-arguments to this problematic feature can be held satisfactory. Further, it is asserted that the absence of a legislative causes problems to international courts both as an interpreter and as a norm-creator. Finally, the thesis then moves on to a more recent development in chapter five, namely legal fragmentation and the proliferation of international courts. While these make the international legal field more complex, create overlapping systems and thus potential power struggles, it is argued that this phenomenon also further affects the issue of democratic legitimacy and the justice provided by international courts. This happens notably because they lessen the control of states on the newly established norms and institutions. Further, while fragmentation might aid international courts in focusing on micro justice, it complicates their norm-creating process. As a conclusion, the thesis summarises the problems it claims are caused by the framework in which international courts operate and how they differ from the legend-building narrative. Additionally, it restates a few possible modest paths of development to tackle each of the noted problems, although it is argued that to truly solve the encountered issues, the establishment of an international legislative would be required. Due to the research question and the multiplicity of issues treated, the methods used in the thesis are a combination of critical analysis with theoretical and historical approaches, with an end-goal to provide a critical legal study on the impact of international courts.
  • Pantieri, Karin Maria (Helsingin yliopisto, 2022)
    According to UNICEF, between the years 2005 and 2020 more than 93 000 children have been recruited to armed groups. Child soldiers are often subjected to different forms of exploitation within their own armed group including sexual and gender-based violence. However, the conduct is not explicitly prohibited in international humanitarian law or international criminal law. This thesis aims to clarify the possible ways to prosecute intra-party sexual violence against child soldiers in non-international armed conflicts, especially under Rome Statute. Secondly, the aim is to identify, how these strategies could be applied in the Colombian transitional justice system, which has opened a case concerning the recruitment of underaged persons, including sexual violence as associated conduct. There have been some precedents in other international tribunals, especially the ICC and the SCSL. However, while some of the prosecutions have been successful, there have been also a lot of critiques and the normative framework regarding the prosecution of intra-party sexual violence continues to be in flux. The thesis argues that prosecution of such crimes would not be against the principle of legality as some critiques state, but rather provide a more gender-sensitive and contemporary interpretation of existing laws, that permits the prosecution of sexual violence towards child combatants. On the other hand, this thesis stresses the importance of such prosecution in the Colombian transitional justice system, since it is an opportunity to strengthen the developing legal framework internationally, while nationally it is an opportunity to contribute to the reparation of the victims and to the durable transformation of the society from conflict towards peace.
  • Mustonen, Marika (Helsingfors universitet, 2016)
    The national security exception under Article XXI of GATT is a major exception to Members’ obligations under the WTO. However, it has been claimed to be a loophole to the WTO system, and it goes beyond the principles of general international law on lawful suspension of treaty obligations. Throughout the GATT 1947 and WTO practice, from early cases to the case US – Helms-Burton regarding the U.S. embargo against Cuba, it has not yet been resolved whether Article XXI could be subject to the WTO dispute settlement system. The subject matter of this thesis has significant importance today. Russia imposed counter sanctions on the EU, Norway, the United States, Australia and Canada, and banned the importation of listed agricultural products, raw materials and food from the targeted countries. By doing so, Russia violated its obligations under the WTO. However, Russia justified its measures stating that it is a matter of its ‘national security interests’. Economic sanctions have played a role in the trade arena as a tool for states’ foreign policy. The relationship between the WTO and national security remains still unresolved after nearly 70 years. The Russian unilateral justification for its counter sanctions, could make a potential case to the WTO panels or the Appellate Body on Article XXI of GATT. This thesis will discuss, whether the WTO panels and the Appellate Body should have a competence to investigate the national security exception Article XXI of GATT in a dispute, and second, whether they can assess the justification of economic sanctions taken under Article XXI(b)(iii) of GATT, and third, if so, how such assessment and interpretation of justification could be conducted. Forth, it will be reviewed whether the WTO should tolerate the unlimited invocation of Article XXI by Members. This thesis is faithful to legal dogmatic method. To understand the subject matter, the first part will shortly explain the main provisions of GATT and economic sanctions in the context relevant to this study, and then provide an overview of the WTO jurisdiction and its dispute settlement system in the light of state sovereignty, which is vital to bear in mind in the discussion of national security. In the second part, this thesis will study thoroughly Article XXI of the GATT, focusing on its most controversial subsection (b)(iii). To understand well the key issues, it is necessary to discuss in this part the historical background and the preliminary works of the security exception clause. This will be examined and assessed through the relevant cases on the invocation of the Article XXI, in the light of the presented varying interpretations and factual grounds. The third part will look at the WTO panels’ and the Appellate Body’s possible methods for interpreting ‘justification’ of economic sanctions taken under Article XXI(b)(iii) of GATT, both in the light of case history and principles of general international law, and will propose an alternative approach which could be applied arising national security related disputes. Last, the conclusion will summarize the findings and make suggestions for possible solutions for the current controversy.
  • Bakanov, Vladislav (Helsingin yliopisto, 2021)
    Ubiquitous digitalization and advancement of technology led to a tremendous shift in regulation of copyright in the European Union over two last decades. New reality poses new challenges for the collective management organizations and traditional way of their operation. Through conceptual analysis of framework for regulation of copyright operation of collective management organizations in the EU this research seeks to find how futureproof they are as a legal institute.
  • Heinäsmäki, Kaisa (Helsingin yliopisto, 2022)
    During the year 2022, the total number of forcibly displaced persons reached 100 million for the first time on record, and in June 2022, the total number of refugees was 27.1 million. In the meanwhile, the use of more extensive and restrictive migration control measures continues to be a trend, as a variety of new policies aimed at deterring migration continue to be adopted around the world. Many of these measures and policies reach outside of the national territories of states and can be described as measures of externalisation of migration control. In this master’s thesis, the externalisation of migration control is explored against the obligations arising from the international legal framework of refugee protection. The thesis seeks to research the phenomenon through the following research questions: 1) What is the international legal framework surrounding the externalisation of migration control? 2) What kind of migration control measures and externalisation practices are adopted by states? 3) What is the legal basis for the extra-territorial actions taken by states and how does it affect their international obligations? The adopted research methodology is inclined to criticism, and thus intends to question the current international legal regime concerning refugee protection and its ability to respond to the refugee problems in a constructive manner. The sources of this thesis consist of international treaties and conventions, as well as national and international judicial decision, writings of legal publicists, and guidance, resolutions, expert opinions, and consultations of non-governmental bodies such as the UNHCR and the Executive Committee. Even though the main international legal instrument on refugee protection, the 1951 Refugee Convention, calls for international cooperation and distribution of burdens in its Preamble, in reality, states are moving more to the direction of responsibility shifting. Through a variety of arrangements, policies, and measures explored in this thesis, states have managed reduce the number of refugees and asylum-seekers arriving to their borders and entering their territories. As a consequence, the unequal distribution of the refugee burden remains unresolved.