The basics of the functioning of the International Maritime Organization and its importance for preservation of the marine environment of UkraineThe world ocean is one of the most valuable natural resources of our planet. The seas cover about 70% of the world’s surface, providing people with raw materials, energy, food, jobs, a place to live, a place to relax, and means of transportation for more than 80% of world trade. Shipping industry is a key…
Findings of the Independent Expert Panel for the Legal Definition of Ecocide in the Rome Statute of the International Criminal CourtMilitary actions caused by Russian aggression on the territory of Ukraine once again prove the impotance of studies related to ecocide. The ambiguous composition of the criminal offense provided for in Article 441 of the Criminal Code of Ukraine entitled “Ecocide” necessitates the study of international experience and current positions of scientists. For example, according…
Planning the environment remediationThe purpose of the current Note is to demonstrate major signposts and legislative basis for post-war reconstruction of Ukrainian economy taking into account the environmental aspect: implementation of horizontal and sectoral reforms based on the principles of balanced use of natural resources and effective management aimed at preserving the environment.
Draft Law of Ukraine № 7289: compliance with the norms of the Land Code of Ukraine and the need to adopt the draft lawThe issue of regulating land relations in the war and postwar periods is quite problematic in Ukraine. It is important to create such a legal framework that would meet the conditions and needs of martial law, would not contravene the current acts governing land issues and contribute to the preservation of the main wealth of…
The nature protected fund is a contribution into preservation of life on EarthThe most effective mechanism for the biodiversity protection on the Earth is the preservation of species and ecosystems in the places of their natural dispersal. Creation of protected areas is a globally acknowledged tool for the protection of biodiversity. Whereas in Ukraine, the nature protected fund (NPF) is still only a partially effective tool for…
Habitat Equivalence Assessment methodology to determine compensation for restoration costs: an overviewEssential damage to the environment resulting from rf’s atrocities in Ukraine call for the development of a methodology to estimate the compensation for the expenditures related to the environmental remediation and restoration. This kind of methodology must enable the estimation of the amount which would objectively cover the compensation costs for the environment regeneration in…
Does Ukraine need satisfaction?The draft principles of International Law Commission (ILC) refer to “satisfaction”, which consists in “an acknowledgement of the breach, an expression of regret, a formal apology or another appropriate modality” as the third form of damage compensation – reparations. Satisfaction is intended as a form of compensation for damage caused by a violation that cannot…
The UN Compensation Commission – a prospect of financing the environmental remediation in Ukraine after the war against the rfOverview of activities of the UN Compensation Commission The rf’s unlawful invasion of Ukraine is nothing new in the history of relationships between states. Multiple aggressive acts of this kind took place in the previous century and the established international bodies, whose primary goal is to ensure international security and peace on the planet, took…
Commencement of proceedings in international courtsThe UN ICJ can hear two types of cases: legal disputes between states (contentious cases) and requests for advisory opinions on legal questions referred to it by United Nations organs and specialized agencies (advisory proceedings). Only states (UN members and other states that have become parties to the Statute of the Court or have accepted…
Сosta Rica – Nicaragua: analysis of the International Court of Justice practiceFor a long period of time relationship between Costa Rica and Nicaragua were characterized by conflict. These circumstances resulted in a considerations of problematic issues by international agencies, such as the International Court of Justice, Organization of American States. For instance, in 1998, when Nicaragua banned transit of Costa Rican police vessels on the river,…
Identifying the amount of compensation for environmental damages in a case of the International Court of Justice “Costa Rica vs. Nicaragua”On November 18, 2010 the Republic of Costa Rica filed an application instituting procedures against the Republic of Nicaragua with respect to “incursion, occupation of and use by the Army of Nicaragua the territory of Costa Rica, as well as [alledged] breaches of Nicaragua’s obligations towards Costa Rica”, in particular, violation of the principle of…
Impact of military action on the environment of Ukraine (summary)Issue 1 From the first days of the invasion, russian troops began deliberately destroying critical infrastructure with both high-precision missiles and jet artillery. Definitely, the aim of such actions was to weaken the supply of Ukrainian cities with fuel, resources for reconstruction and to cause maximum economic damage. However, some cases recorded by us indicate…
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