Pub Date : 2024-04-18DOI: 10.25041/lajil.v6i1.3074
Rafsi Azzam Hibatullah Albar
Global health has grabbed significant attention in the international legal community since COVID-19 hit the world. The formulation of a pandemic treaty ignited discourse on how the regime’s treaties should be designed; whether they should adhere strictly to stringent measures or adopt more lenient approaches. This paper argues on behalf of the latter. In doing so, this research first explains the objectives and characteristics of global health treaties as a primary composer of global health governance. Then, two sides of the debate on flexibility, namely idealism of full commitment by all and pragmatism of willingness to participate and enforce, are compared in depth. With the facts attained, a contextual analysis of the diplomatic dynamics at the World Health Organization (WHO) is performed to understand the constrains of treaty-making at the main international global platform for public health. Lastly, the research proposes four main ideas that make up the ideal party; cognizance of pre-existing realities, allowance for differentiated commitment levels, careful linguistic choices, and inclusion of minimal yet effective enforcement mechanism.
{"title":"The Case for Less-Stringent Global Health Treaties: Lessons from Multiple Regimes","authors":"Rafsi Azzam Hibatullah Albar","doi":"10.25041/lajil.v6i1.3074","DOIUrl":"https://doi.org/10.25041/lajil.v6i1.3074","url":null,"abstract":"Global health has grabbed significant attention in the international legal community since COVID-19 hit the world. The formulation of a pandemic treaty ignited discourse on how the regime’s treaties should be designed; whether they should adhere strictly to stringent measures or adopt more lenient approaches. This paper argues on behalf of the latter. In doing so, this research first explains the objectives and characteristics of global health treaties as a primary composer of global health governance. Then, two sides of the debate on flexibility, namely idealism of full commitment by all and pragmatism of willingness to participate and enforce, are compared in depth. With the facts attained, a contextual analysis of the diplomatic dynamics at the World Health Organization (WHO) is performed to understand the constrains of treaty-making at the main international global platform for public health. Lastly, the research proposes four main ideas that make up the ideal party; cognizance of pre-existing realities, allowance for differentiated commitment levels, careful linguistic choices, and inclusion of minimal yet effective enforcement mechanism.","PeriodicalId":509412,"journal":{"name":"Lampung Journal of International Law","volume":" 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140686293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-01DOI: 10.25041/lajil.v6i1.3259
Csaba Tölök
Using weapons against civil aircraft is interconnected with several areas: international legal responsibility, prohibition of force, right to self-defense, ethical dilemmas, and the protection of human rights. The arguments presented in this study emphasize that while self-defense provides a theoretical possibility for using weapons against aircraft, there are still ethical challenges and unavoidable rules of international law. Therefore, using weapons against civil aircraft poses several challenges that must be considered in both legal and moral aspects. This paper presents the international legal liability regime for the use of weapons against civil aircraft, as well as its human rights and ethical responsibilities.
{"title":"Weapon against Civil Aircraft: Legal and Ethical Aspects of the Use of Force against Civil Aircraft","authors":"Csaba Tölök","doi":"10.25041/lajil.v6i1.3259","DOIUrl":"https://doi.org/10.25041/lajil.v6i1.3259","url":null,"abstract":"Using weapons against civil aircraft is interconnected with several areas: international legal responsibility, prohibition of force, right to self-defense, ethical dilemmas, and the protection of human rights. The arguments presented in this study emphasize that while self-defense provides a theoretical possibility for using weapons against aircraft, there are still ethical challenges and unavoidable rules of international law. Therefore, using weapons against civil aircraft poses several challenges that must be considered in both legal and moral aspects. This paper presents the international legal liability regime for the use of weapons against civil aircraft, as well as its human rights and ethical responsibilities.","PeriodicalId":509412,"journal":{"name":"Lampung Journal of International Law","volume":"69 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140085177","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}