Energy laws play a pivotal role in shaping policies that ensure energy independence and strengthen national security. This research investigates how legal frameworks contribute to reducing energy dependence, enhance infrastructure resilience, and support the transition to renewable energy. A qualitative and comparative legal research design has been applied, incorporating an extensive literature review, examination of both domestic and international energy legislation, thematic coding, and a synthesis of findings. In this essay, applied publicly available materials, legislative acts, and scientific publications have been applied to draw general conclusions. Evidence shows that regulatory inconsistencies continue to hinder the use of renewable energy, and loopholes in the protection of infrastructure expose countries to security risks. Nations that successfully adopted and incorporated their legal procedures into the new circumstances are more successful in diversifying energy supply, abusing of geopolitical risks, and facilitating technological changes. Strengthening and harmonizing energy laws ensures resilience, independence, and stability in global energy governance systems.
This research analyzes how a series of Allied occupation directives (SCAPINs 677, 841, and 677/1) interacted with the drafting and implementation of the 1951 San Francisco Peace Treaty to shape the legal status of Dokdo Islands (Takeshima). The author argues that, first, SCAPIN 677 excluded Dokdo from Japan’s governmental and administrative control by defining “Japan” for occupation purposes and listing excluded areas. Second, Paragraph 6 clarified that this definition did not predetermine ultimate sovereignty. Third, SCAPIN 841 partially amended SCAPIN 677 by returning the Izu and Nanpo Islands north of and including Sofu Gan to Japanese administration. Fourth, SCAPIN 677 remained operative for other excluded areas, including Dokdo. This essay contends that Dokdo’s omission does not imply a Japanese title because its exclusion had already been implemented under SCAPIN practice and reflected in the UK draft. While SCAPINs did not themselves determine ultimate sovereignty, their unrevoked administrative separations were “inherited” by the San Francisco framework.
Global trade relies heavily on shipping; yet maritime law frameworks often fail to protect seafarers’ human rights adequately. Seafarers thus continue to experience coerced labor, abandonment, harassment, or inadequate treatment. This research aims to establish a cohesive legal framework safeguarding seafarers’ human rights through a comparative analysis of international and Korean maritime law. It provides an overview of the current status of seafarers’ human rights protection; describes the theoretical framework of human rights principles and maritime labor; reviews and analyzes legal precedents regarding seafarers’ human rights; and offer recommendations for international and domestic (Korean) policies and industry and stakeholder engagement to strengthen the protection of seafarers’ human rights. This manuscript addresses soft law initiatives, including the Neptune Declaration, Geneva Declaration, and the training and accountability proposals from the IMO-ILO. The authors advocate for more stringent national legislation, comprehensive worldwide SASH training, and enhanced oversight. Ultimately, the rights of seafarers necessitate enforceable legal reform, global collaboration, and interagency support.
Five countries have made submissions for an extended continental shelf in the South China Sea (SCS) to the Commission on the Limits of the Continental Shelf (CLCS), fuelling tensions and disputes with China. As the CLCS’ decision to consider and qualify these submissions may have a far-reaching impact on the settlement of territorial and maritime disputes in the region, comprehensive understanding and analysis of the CLCS’ strategies in managing “submissions involving land or maritime disputes” in practice is needed. China’s notes verbales contesting the submissions may not stop the CLCS from considering these submissions. Therefore, to ensure that its interests are respected, China should amend its notes verbales by: (1) identifying the ‘dispute’; (2) clarifying its status as party to the ‘dispute’; (3) expressing “not consent” and requesting the CLCS “not to consider or qualify” any of the submissions; and (4) clarifying the legal scope of waters in the SCS.
The proliferation of human activities in outer space has fostered technological progress while creating a serious challenge: space debris. This paper examines the legal complexities of active debris removal (ADR) as a means to reduce collision risks and ensure the long-term sustainability of space operations. ADR is now technologically feasible, but its implementation faces legal, technical, and economic hurdles. Current international law, notably the Outer Space Treaty and the Liability Convention, lacks explicit provisions on ADR responsibilities and liabilities, complicating cooperation and cost sharing. The absence of a universally accepted definition of space debris further hinders regulatory clarity and ownership issues. To address these challenges, the paper evaluates potential governance futures and proposes establishing a new international legal regime under the UN Committee on the Peaceful Uses of Outer Space. Modeled on institutions including the International Civil Aviation Organization, such a regime would clarify liability, set standards, and strengthen cooperation for sustainable space use.
Chinese enterprises, such as Huawei, have been severely affected by sanctions. In 2019, Huawei’s inclusion on the Entity List prohibited any foreign company using US technology from supplying it without approval, severely disrupting its global supply chain. This article interprets the national security exceptions (GATT Article XXI) in the USChina trade conflict. Through a doctrinal analysis of key rulings (e.g., Russia – Traffic in Transit), it constructs a three-factor review framework based on essential security interests, necessity, and emergencies in international relations. This framework is then applied to a comparative case study of US and Chinese sanctions practices. The analysis finds that while US extraterritorial sanctions frequently fail the necessity test, China’s counter-sanctions align more closely with the exception’s traditional scope. The article argues that the proportionality principle is vital to prevent abuse. By applying nascent DSB jurisprudence to a major contemporary dispute, this study provides a balanced framework for assessing the WTO-consistency of sanctions and suggests reinforcing the MPIA to reconcile sovereignty with multilateralism.
The European Union (EU) has pursued reforms to strengthen the effectiveness of Trade and Sustainable Development (TSD) chapters in its free trade agreements (FTAs) since 2017. The labor dispute with Korea under the EU–Korea FTA served as a test case for this objective. The Panel of Experts held that Korea violated its obligations regarding freedom of association while satisfied with the obligation to ratify ILO core conventions. This article appraises the dispute’s outcome to assess the extent of the EU’s success in advancing labor rights through trade instruments and the implications for its ongoing TSD reform. It argues that the case reflects the EU’s strategic use of TSD provisions to promote labor standards and recalibrate its enforcement approach. However, given the evolving direction of TSD reforms and the design of recent FTAs, the recurrence of a similar labor-related dispute appears unlikely in the near future.
This article examines the 2024 decision in Ukraine v. Russia (PCA Case No. 2019- 28), in which a United Nations Convention on the Law of the Sea tribunal upheld challenges to two arbitrators – Donald McRae and Rüdiger Wolfrum – due to their prior support for a 2022 L’Institut de Droit International’s Declaration condemning Russian aggression. The tribunal found that the involvement of these arbitrators raised justifiable doubts as to impartiality, highlighting the expanding role of perceived bias in inter-State arbitration. In a forceful dissent, Christopher Greenwood cautioned against conflating general academic expression with prejudgment, emphasizing the need for judicial restraint and procedural integrity. This note explores the tribunal’s reasoning, dissenting views, procedural standards, and comparative jurisprudence, including Canfor v. USA and Perenco v. Ecuador. It reflects on the growing tension between academic freedom and arbitrator impartiality, evolving disclosure norms, and the risk of strategic challenges in politically sensitive disputes, with implications for the future practice of international adjudication.
The current US tariff policy has become a focal point of the global trade order, signaling a restructuring of the international economic system established after World War II. The global trade regime is shifting from multilateral cooperation to a landscape increasingly defined by economic and geopolitical competition. The US domestic law is increasingly replacing multilateral mechanisms such as the WTO as the primary legal point at issue and center of gravity influencing and shaping the global trade order. In this transitional phase of order reconstruction, East Asian enterprises should allocate resources to closely monitor geopolitical developments, the US domestic politics, legal frameworks, and ideological trends. They should also establish mechanisms for geopolitical risk management and prioritize risk management over business expansion as a core strategic principle. However, this is not entirely negative; the new research, understanding, and strategic adjustments undertaken by enterprises may lay a deeper foundation for the next wave of globalization.
The US is in conflict with China over various trade issues. Although both countries agreed to temporarily suspend tariffs for the next 90 days, this trend is expected to continue after then. New related to tariffs has been a daily occurrence in the first 100 days of the Trump presidency, and yet a gap remains between the US and China that is difficult to bridge. This seems to stem from the fact that President Trump wants to “Make America Great Again” with a vengeance. In addition to implementing a new tariff system, the US seems to be moving towards supporting “strong patents” to safeguard intellectual property rights. These policies will significantly impact both the US and other nations worldwide. This article explores the external developments in the aftermath of the US presidential election and reviews current issues related to intellectual property in the US, focusing on tariff imposition and the prevailing emphasis on strong patent rights.
The increasing global economic, social, and political interdependence has led to expanding trade in goods and services. The WTO facilitates international trade by providing a nondiscriminatory trading environment to all member states. Afghanistan started the WTO accession in 2009 and joined as the 164th member on December 18, 2015. This piece examines the legal implications of the WTO membership on Afghanistan’s trade and economy. While membership will expand trade, attract foreign investment, and increase Afghanistan’s market share worldwide, it also means harmonizing domestic regulations with the WTO standards. In addition, lower tariffs on imported goods threaten local industries, leading to job losses, industrial shrinkage, and reduced government income. The study’s findings show that, despite short-term vulnerability, joining the WTO has long-term benefits such as economic growth, increased investment, reduced cost of living, and fairer trade structure.
Asian economic potential draws world attention. Recently, China challenges the US’s economic and political dominance which prompted the US-China trade war. Afghanistan and other Arab nations struggled for decades amid an informal US colony after Saddam Hossain’s fall. After the US troops left Afghanistan in 2021, the Taliban took over it. Afghanistan’s trade and military advantage make it vital as middle east geopolitics alter. This has been noticed by China. China-Afghanistan military cooperation improves trade. All in Eurasia is seeing China penetrate global value networks and the Belt and Road supply chains. The 21st century’s Silk Road connects Eastern Afghanistan’s Wakhan Corridor. China-Afghanistan cooperation along the Wakhan Corridor is the key to the success of the Silk Road initiative. China-Afghanistan wants to use the corridor more, which has been a commerce and military battleground. The essay discusses China- Afghanistan strategic relations along the Wakhan Corridor from a legal and strategic perspective.
This paper explores the illegal Israeli occupation of Palestinian territories, focusing on the West Bank and Gaza after 1967. It employs a qualitative research approach, analyzing primary and secondary sources to examine the legal ramifications of Israel’s ongoing occupation and settlement expansion, which violate international law. The findings highlight that, despite various international resolutions, Israel continues its unlawful presence. Key legal rulings, such as the International Court of Justice’s decision of July 19, 2024 and a UN General Assembly resolution in September 2024, reaffirm the illegality of Israel’s actions. Nonetheless, Israel has ignored these calls for withdrawal and persists in expanding settlements. The paper argues that the UN member states must enforce international legal rulings and hold Israel accountable through international courts. It advocates for the imposition of economic and diplomatic sanctions by the UN Security Council to curb settlement expansion and dismantle existing illegal settlements, emphasizing the need for coordinated international efforts to achieve justice for Palestine.
This study examines the development of the Association of Southeast Asian Nations (ASEAN)’s Self-Certification of Origin mechanism through two key phases. From 1993 to 2015, ASEAN strove to establish a common market and deepen economic integration. During this period, it introduced various pilot projects to enhance trade, streamline certification procedures, and experiment with trade facilitation initiatives. Following the official establishment of the ASEAN Economic Community in 2015, the focus shifted towards harmonizing trade procedures, enhancing regional coordination, and standardizing customs processes. These efforts culminated in the launch of the ASEANwide Self-Certification (AWSC) in 2020. In Vietnam, however, the implementation of AWSC has faced significant challenges. Despite these obstacles, the country has taken proactive steps to integrate AWSC into its trade system by issuing domestic regulations and guidance from regulatory authorities. This study explores the specific difficulties Vietnam faces in implementing AWSC and proposes recommendations to enhance its effectiveness.
The selection of topics to be included in the long-term program of work is a part of the working methods of the International Law Commission. A good selection of topics provides a good start to the Commission’s work and fulfills its double function of the progressive development and codification of international law. The process of selecting works for the longterm program of work now faces numerous challenges such as the appearance of new areas of international law and the increased engagement of States and international organizations in the preparation of new conventions outside the Commission’s channel. The challenges call for further improvement of criteria for the selection of works to preserve and enhance the quality of the Commission’s work. This article will briefly highlight the process of the selection of works in the Commission’s history and focus on the implementation of criteria for the selection of topics used during various times, and their advantages and limitations.
Aviation safety is critically dependent on effective communication, particularly in the English language, which serves as the international language of aviation. This paper explores the significance of proficient English language communication among aviation professionals and its impact on operational safety. Effective communication in aviation involves various factors such as lack of accent, perfect listening skills, effective hearback and readback procedures, and more. Additionally, English language efficiency in aviation is closely related to emotional stability and the ability to manage stress, both of which are crucial in highpressure environments. The research will also look into the regulatory challenges faced by the aviation industry in standardizing and enforcing language proficiency requirements by the International Civil Aviation Organization and other international institutions. Through a thorough review of existing regulations, industry practices, and case studies, this paper highlights the steps taken to improve communication skills among pilots, air traffic controllers, and other key aviation professionals.
This article critically assesses the role of the International Criminal Court’s (ICC) in enforcing International Humanitarian Law (IHL). The ICC was designed to ensure accountability for severe IHL violations. However, its operational capacity faces significant challenges, particularly its reliance on state cooperation for enforcement and political resistance. This article explores the Court’s jurisdiction, the principle of complementarity, and its investigative processes while analyzing resistance from nonsignatory states such as the US, China, and Russia. The US sanctions against the ICC especially with President Trump’s executive order of February 6, 2025, will exemplify the ongoing tension between state sovereignty and international accountability. Additionally, the article highlights issues within the Rome Statute, including ambiguities regarding state cooperation, jurisdiction, and immunity, which affect the Court’s efficacy. Despite some successes in prosecuting high-profile leaders, the ICC’s credibility remains a matter of debate due to its limited enforcement, inconsistent state support, and continued political resistance.
Recent global efforts to combat climate change have accelerated, with nations adopting carbon strategies such as carbon taxes and emission trading system (ETS) to support their net-zero commitments. These initiatives enable governments to enforce mitigation while maintaining their dual goal of fostering economic growth. Vietnam, a developing country, has emerged as a proactive participant by launching a national ETS, drawing from international best practices and domestic geographical advantages. This article examines the process and challenges involved in designing and implementing an ETS in Vietnam, exploring the necessary policy frameworks, institutional structures, and market mechanisms. It highlights key considerations such as the selection of sectors and entities to be covered, the allocation of emission allowances, and the establishment of new market management solutions. This article concludes with strategic recommendations to support the development of a successful and sustainable ETS mechanism in developing country like Vietnam.
The escalating impacts of climate change are compelling individuals to flee their homes, giving rise to a new category of refugees known as climate refugees. Despite clear evidence linking climate change to forced migration, the protection of these refugees’ human rights remains unaddressed by any existing international legal framework. This paper explores the necessity of embracing a new comprehensive international legal framework tailored to climate refugees. It advocates for a legal framework that addresses prevention and remedies the issues faced by climate refugees and ensures their human rights are safeguarded. We also argued that the Comprehensive International Legal Framework should have a collective obligation to safeguard the rights of climate refugees on the global scale and to provide a solution that integrates the various rules of law, meets humanitarian needs, and is tailored to the protection of the rights of climate refugees.
The development of offshore wind energy plays a pivotal role in Taiwan’s transition to a lowcarbon economy. To secure the profits of substantial investments in offshore wind energy, long-term contracts are essential. However, supervening incidents could halt, damage, or destroy offshore wind projects. Force majeure clauses serve as a preventive mechanism to address these unforeseen risks. Despite their significance, contract drafters often overlook the importance of force majeure clauses. This article contends that offshore wind developers and the Taiwanese government should collaborate as partners to carefully draft force majeure clauses in offshore wind contracts, ensuring proper allocation of unforeseen risks. By examining the concept of force majeure under the CISG and Taiwanese law, this article proposes fundamental elements and a model clause for force majeure in offshore wind contracts.