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Browsing by study line "Kansainvälinen oikeus"

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  • Lempiäinen, Henri (2021)
    The purpose of this thesis is to determine how economic sanctions imposed by the United States and their Office of Foreign Assets Control are enforced and why they are strictly observed in countries and by entities not under the United States’ jurisdiction. The focus is on Finland and how Finnish legislation enables this. This thesis includes a historical and theoretical look into the use of economic sanctions and into how global economic factors affect the way United States economic sanctions function. The thesis also establishes an overall view of the main issuers of economic sanctions that affect Finland. The effects of economic sanctions are analyzed by examining the legal case between Boris Rotenberg and four Finnish banks. Boris Rotenberg was placed under sanctions by the United States, which led to him being denied banking services and to his payments not being forwarded. This resulted in Boris Rotenberg suing the banks for the denial of the services. The case is important for demonstrating how the United States economic sanctions work in practice in Finland and how they affect entities not under the jurisdiction of the United States. The conclusion of the thesis is that the fact that economic sanctions imposed by the United States are not legally enforceable in Finland is of very little consequence since the repercussions of non-compliance are harsh. The United States economic sanctions cannot be violated without violating Finnish legislation, which in practice means that United States economic sanctions can be seen to be enforceable in Finland as well.
  • Heinänen, Saku (2021)
    The thesis is a study of the communicated case ‘S.S. and the Others v. Italy’ (application no. 21660/80) of the European Court of Human Rights (ECtHR). The application is on behalf of the victims of an incident in which a migrant boat found itself in distress after having left Libya for Europe. The Libyan Coast Guard failed to rescue all of the migrants and allegedly acted negligently, mistreating those they took onboard, and returned them to Libya, exposing them to continued ill-treatment and some of them also to forced return (refoulement) to their countries of origin. Italy is a State Party to the European Convention on Human Rights (ECHR), and has a bilateral agreement, ‘Memorandum of Understanding’ (MoU), with Libya (a non-ECHR State). On the basis of the MoU, Italy funds and equips the Libyan Coast Guard. The agreement can be seen as a means to ‘outsource’ border control and to instruct Libya to intercept migrants before they reach Italy and the European Union (EU), thus effectively circumventing the obligations of the ECHR. The research question is in two parts. First, I ask whether Italy had extraterritorial jurisdiction as stated in Article 1 ECHR, and second, if it had, has Italy violated its positive obligations to secure the applicants’ rights. Jurisdiction is a ‘threshold criterium’ for the Court to study the merits of an application. As for the violations, the thesis focuses on Article 2 (right to life) and Article 3 (prohibition of torture; includes also the prohibition of forced return, or refoulement). The methodology is doctrinal in that the thesis aims to examine critically the central features of the relevant legislation and case law in order to create an arguably correct and sufficiently complete statement on the Court’s reasoning and outcome. The main sources are the provisions of the ECHR itself and the relevant previous case law of the Court, together with a literature review. Additionally, there are third-party interveners’ statements and a video reconstruction of the events. The Court’s questions and information requests to the parties, as attached to the application, are used as a starting point. Besides a hypothesis of the argumentation and the decision of the Court, some estimations are made about what could be the consequences of the decision to such bilateral pacts as the MoU between Italy and Libya, and, in general, to ‘deals’ between the EU Member States and third or transit countries. Finally, the thesis reflects on the eventual repercussions on the topical issue of the EU Commission’s 23.9.2020 proposal for the New Pact on Migration and Asylum, which appears to encourage the Member States to maintain and develop outsourcing practices.
  • Peltoniemi, Josetta (2023)
    Based on a traditional view, international law is a system of principles and rules that emanate either directly through treaty or indirectly through custom. International financial regulation on the other hand is a system of informal and non-binding rules. The international financial regulatory process formulates broad supervisory standards and guidelines as well as recommends statements of best practices. These are then implemented by national regulatory agencies through arrangements best suited for the national legal system in question. As such, international financial standards are not considered “hard law” as traditionally understood within the framework of international law, but rather it is “soft law”. Nevertheless, international financial regulation creates commitments and gives rise to expectations. Furthermore, the implementation of international financial regulation is boosted by a range of enforcement technologies. Finance holds a higher share in economic activity than ever before as a result of economic expansion and integration. Furthermore, technological advances, globalisation and innovations in financial instruments have allowed a greater level of participation in financial transactions. The development of international financial regulation dates back to the 1940s, however, the current form of international financial governance is based on ideology that emerged in the 1970s, an ideology promoting economic liberalisation and self-regulating markets. The development of international financial regulation has made great strides in the past decades, however, the numerous financial disasters and crises in the past 20 years, most notably the 2007-2008 financial crisis, highlight the weaknesses of the international financial system and the failure of the idea of self-regulating markets. A major cause of financial disasters and crises is the fact that financial market practices are innovative and constantly evolving, but both national and international regulatory action frequently lags behind market developments. In fact, regulatory changes usually react to risky market practices only after these practices have caused significant damage. Furthermore, financial reforms tend to emphasise fixing the immediate symptoms of crises. This regulatory lag is primarily a consequence of the prevailing ideologies and the priorities of major economies which influence financial regulation as well as the historical path dependence of international financial regulation. It should also be noted that the regulation often fails to serve the broader interests of society as a whole, for example, inadequate regulation can lead to systemic risks and foster market manipulation and fraud. This thesis addresses the disconnection between the pace of regulation and financial innovation, arguing that addressing this disconnect is crucial. Furthermore, this thesis will emphasise the significance of international financial regulation in a globalised world where financial activities transcend national borders. Effective international financial regulation is indispensable to ensure financial stability and prevent cross-border financial crises.
  • Aromäki, Tommi (2021)
    In this Master’s thesis the aim is to examine what are the elements of direct and public incitement to genocide under the Rome Statute, and how have they been examined in international criminal jurisprudence, what is the territorial jurisdiction of the ICC in light of the recent rulings by the Court’s PTCs and how can it be applied to incitement to genocide committed through the internet as well as can a social media platform’s owner be considered responsible for incitement to genocide under the Rome Statute. The inspiration for this thesis arises from the role Facebook has had in the alleged crimes that have taken place in Myanmar and the Statutes failure to take into account crimes committed in the internet. The role social media has had in the violence against Rohingyas gives a graphic example of the impact such inciting material may have through the global outreach of social media platforms. The methodology used in the thesis is primarily doctrinal. However, the research questions are approached with the help of an article written by Michail Vagias concerning the jurisdiction of the ICC over core crimes committed through the internet. The article is discussed throughout the thesis. The thesis begins with establishing the elements of direct and public incitement to genocide. With the help of the jurisprudence of ad hoc tribunals, this thesis puts together an exhaustive definition of the crime, gathering also the most contentious issues concerning the definition and nature of the crime. Next, the territorial jurisdiction of the Court is examined. In addition to reviewing the article by Vagias, this thesis examines in-depth two recent decision by the Court’s PTCs that define the limits of the Court’s territorial jurisdiction. Through an examination of the Court’s territorial jurisdiction, the PTCs’ recent decisions and relevant legal scholarship, this thesis will provide a refined version of Vagias’ approach on the Court’s jurisdiction over crimes committed online and the hypothetical situation he uses to illustrate the issue. The crime of direct and public incitement to genocide can be considered a preliminary phase of the gravest crime known to mankind and thus has to be effectively prosecuted when appropriate. Because of the emergence of new technologies and the changes in its operational environment, the Court must, in addition to the actual perpetrator, consider the responsibility of those de facto providing the platform for incitement to genocide. Thus, this thesis also sets out to investigate under what circumstances a controlling owner of a social media platform can be 1. held criminally responsible under the Rome Statute for incitement to genocide taking place on the platform or 2. held responsible for aiding and abetting in incitement to genocide taking place on the platform. In addition to the Court’s jurisdiction over natural persons acting on behalf of a company and over proper and improper omissions, this thesis discusses elements of commission by omission and aiding and abetting by omission as they are established in the jurisprudence of the ad hoc tribunals. This thesis will contribute by proposing that an executive could be held liable if the specific elements of omission, constructed from the jurisprudence of the ad hoc tribunals and recent legal scholarship, are fulfilled. In addition, this thesis will argue that the elements of commission by omission differ from the elements of aiding and abetting by omission. Further, this thesis discusses whether an executive of a social media platform is under the legal duty to prevent incitement to genocide from taking place according to international law.
  • Christodoulides, Photeini (2017)
    The settlement of the maritime dispute between the Republic of Turkey (RoT) and the Republic of Cyprus (RoC) in the Eastern Mediterranean is politically deadlocked. Both countries keep insisting on their maritime claims despite the diplomatic settlement efforts by the United Nations and the Council of Europe. RoC argues that an equidistance line should be drawn between the two opposite areas, whereas RoT claims that the existence of relevant circumstances, including geographical and non-geographical factors, necessitates a different maritime solution. As their maritime dispute is, besides a political matter, a legal matter regulated by international law, this thesis aims to review the claims of both parties based on the contemporary conventional and customary international law of the sea, with due regard to state practice and international jurisprudence. To determine where the maritime boundary between Turkey and Cyprus lies, legally speaking, an attempt is made to critically compare this case with the outcome of relevant international judicial decisions.
  • Keinänen, Sami (2021)
    Abstract Faculty: Faculty of Law Degree programme: Master of Laws Study track: International Law Author: Sami Keinänen Title: The Progressive Development and Codification of Peremptory Norms of International Law Level: Master’s Thesis Month and year: November 2021 Number of pages: XXXII + 80 Keywords: International Law, Human Rights Law, Jus Cogens, Peremptory Norm, State Immunity, State Responsibility, Universal Jurisdiction, Draft Conclusions on Peremptory Norms of International Law, International Law Commission Supervisor or supervisors: Ukri Soirila Where deposited: University of Helsinki Library Additional information: Abstract: Jus cogens has attributes from both legal positivism and natural law and has witnessed narrow and more expansive interpretations. This thesis examines the case law related to peremptory norms, the theoretical and practical features, defects and definitional issues of jus cogens, and the ideological changes which need to take place in order to facilitate its future applications as a general rule of international law. Article 53 of the Vienna Convention defines peremptory norms as rules accepted and recognized by the international community of states as a whole as norms from which no derogation is permitted, voiding treaties if at the time of their conclusion they conflict with peremptory norms of international law, effectuating a normative hierarchy of international law and allowing sovereign states to be bound by norms which they have not explicitly consented to. The essential nature of peremptory norms is believed to be that they reflect and protect the fundamental values of the international community. The determination of the substance and applicability of peremptory norms has been the subject of enduring debate and uncertainty. Jus cogens suggests a non-consent-based hierarchy of norms, but in its sectoral aspects its influence has been negligible due to both political and ideological reasons and the distinction between substantive and procedural rules. The international community has not reached a consensus on whether the primary value of jus cogens is in the symbolic idealization of a value-oriented international legal order, or in the direct application of fundamental principles of general international law. The contemporary effects of jus cogens have therefore been more subtle than they could have been with a strict hierarchical interpretation of jus cogens as the highest law. Following the International Law Commission’s Draft Conclusions on Peremptory Norms of General International Law (jus cogens) in 2019 this thesis systematizes and analyzes the major decisions of courts, debates and conclusions of the International Law Commission, comments by governments and the writings of scholars in an attempt to exhibit that the real obstacle for the broad interpretation of jus cogens is not strictly juridical, and can be resolved with a socio-legal approach and a reprioritization of interests. The fiduciary theory places international law over sovereignty and the interests of individuals over those of states, and could be the required missing piece in addition to a hint of judicial activism which would allow jus cogens to fulfil its potential. Jus cogens continues to develop progressively, and the Draft Conclusions have engaged the international community in a discussion that will ultimately, given enough time, result in an evolution of the concept of jus cogens and the establishment of a value-based international legal order founded on the fundamental principles of human rights.
  • Back, Joel (2021)
    Claims of breach of legitimate expectations have been widely used by investors in the energy sector. The protection of legitimate expectations is one of the core elements of the fair and equitable treatment obligation which is included in most investment treaties. The protection of expectations is an important function of investment treaties as investors make their investment decisions on the basis of calculations on the expected return, which is highly dependent of the laws in the state where the investment is made. In other words, returns of energy investments are directly linked to the stability and predictability of domestic laws. There is a need to protect investors against adverse state measures, as subsequent state conduct after that the investment decision has been made can cause substantial loses for the investors within the energy sector. However, at the same time, states need to implement measures that may affect investments in a detrimental manner to achieve certain energy policy goals. The energy sector and energy law are constantly developing due to changing circumstances. The current change is driven by the energy transition and the move towards a low-carbon economy. Environmental protection, human rights and renewable energy production are key issues of the energy transition. These issues are getting more and more attention in energy policies. Investment treaty provisions, and especially the FET standard, have usually been drafted in a vague manner which does not explicitly tell what the relationship is between investment protection and host state’s regulatory right. This has led to many different conceptions of the doctrine of legitimate expectations. These conceptions have usually either been overinclusive or underinclusive. This thesis suggests that most investment treaties should be interpreted in a balanced manner that considers both the interests of investors and host states. Therefore, a balancing approach where investors’ expectations are weighed against the host states’ right to regulate is needed. It is argued in this thesis that a conception on the protection of expectations should be based on the principles of legal certain and proportionality. A justification that is based on these two principles could be applied in a manner that is balanced and would not be over- or underinclusive. This principle-based approach would replace the doctrine of legitimate expectations. According to this approach legitimate expectations would only be an element that should be considered in the assessment on whether investors right to legal certainty has been breached, but legitimate expectations would not constitute a self-standing doctrine with direct legal effect. This thesis argues that a similar approach used in EU law should be applied in international investment disputes. In EU law the principle of legal certainty is just one principle that should be weighed against other core principles of the EU. Therefore, it is suggested that when assessing if investors’ expectations should be protected in specific circumstances, arbitral tribunals should use and weigh the international energy law principles against the principle of legal certainty when conducting a proportionality assessment. It is concluded that this principles based approach would be the most suitable conception for the protection of investors’ expectations as it would not be under- or overinclusive and it could be used in a flexible manner to changing circumstances in the energy market. This principle-based approach would be allowed under the current normative framework. However, it would be sensible to include in investment treaties that when considering if investors’ expectations should be protected, arbitral tribunals should rely on the principle of legal certainty, and conduct a proportionality assessment where all circumstances relating to the investment and the state measure are considered. As this thesis concerns the question of whether the current framework allows treaties to be interpreted in a balanced manner, the thesis will mainly rely on doctrinal research. In addition, by applying an inductive methodology this thesis will answer whether the doctrine has been conceptualized in a suitable manner in investment disputes.
  • Jokinen, Suvi (2023)
    This thesis presents an analysis of the arguments in favor of setting up a special tribunal for the crime of aggression by Russia in Ukraine. The thesis utilizes discourse analysis to study why a special tribunal for the crime of aggression has been suggested as the solution to this particular case, bearing in mind the fact that the crime of aggression has received little support in the decades and conflicts since World War II. The thesis studies accounts according to which the special tribunal should be set up because of the nature of the invasion, because of the universal support received by the special measures, and because of the ability of the special court in promoting ending impunity for leadership-level offences in international criminal law. The thesis argues that rather than the arguments proposed, the special tribunal would succeed only in providing an extraordinary solution that would not affect the status quo of the law regarding the crime of aggression, while providing a sense of retribution towards the Russian leadership. The thesis concludes that while it is fundamental that the Russian perpetrators be investigated and prosecuted for their crimes against Ukraine and the Ukrainian people, doing so in a special court, rather than the permanent International Criminal Court would only provide an exceptional solution with no avenue for ending impunity for the crime of aggression in future conflicts to come.
  • Plotnikova, Elena (2020)
    In the last years those companies that pay close attention to transition of their business models to circular economy have adopted good practices to deal with waste prevention and management. High voluntary standards are set and enforced throughout the supply chain. However, good practices and high voluntary standards are taken seriously by the limited number of companies, predominantly, by those who want to be on rider’s seat and show example to peers. The recent EU Circular Economy Action Plan, released in March 2020, emphasizes that scaling up the circular economy from front-runners to the mainstream economic players will make a decisive contribution to transition to circular economy that will help to achieve climate neutrality by 2050, decoupling economic growth from resource use, keeping resource consumption within planetary boundaries. The Master Thesis departs from the assumption that there is a need for legal reform in the fields of circular economy law and company law to enhance circular economy for business. It is essential to turn modern policies that are in place into reality on the ground. The project aims to answer the question what legal reforms are necessary and should be prioritized.
  • Kolehmainen, Laura (2022)
    There are only a couple of years left to collectively cut emission so, that the global climate does not heat up dangerously and irreversibly. Climate litigation refers to utilizing legal disputes in order to speed up climate action. Third wave litigation are diverse in their argumentation, from human rights based argument to administrative arguments and the latest development, corporate law based arguments. A subcategory of the latter type is a dynamic where the shareholder sues the company directorship. These disputes are based on questioning, whether the company directorship has fulfilled its fiduciary duties and acted in due diligence in analyzing the political risk of investing in fossil energy, while 196 nations out of around 200 has legally bound themselves to radically cut the use of fossil fuels through the Paris Agreement. Fossil companies have utilized international investment protection agreements in demanding compensation for their investment that have lost its value due to the activities of the host state. The most important investment agreement in the energy sector, the multilateral Energy Charter Treaty (ECT), has been utilized in intra-EU investment disputes a lot. In the past years, the Court of Justice of the European Union (CJEU) and various arbitral tribunals have had an ongoing dispute on whether investment protection agreements are applicable at all within the EU due to the primacy and autonomy of EU law. The Court has in its recent case law Achmea/Komstroy established, that investment agreements are not compatible with EU law in intra-EU cases. In Komstroy, it was confirmed that the ECT dispute settlement mechanism in Article 26(1) is not applicable in intra-EU disputes. Against this background the research questions are 1) what is the significance of the ECT arbitration clause being removed to the energy business decision making in risk management within the EU, and 2) what is the overall assessment of the possibilities to invest in fossils while fulfilling the fiduciary duties in EU in relation to the growing climate risk. These questions are analyzed through 1) reviewing the logic of international investment and the ECT in this context, 2) accounting for the discussion in the auspices of the CJEU that has led to the rejection of the ECT Article 26(1) in intra-EU disputes, 3) analyzing the fiduciary duty as a dynamic duty to manage risks in the era of climate crisis and 4) discussing the significance of investment protection clauses in managing risk in the energy sector as a part of fiduciary duties. The main method is doctrinal, but in the contextualization of the thesis critical approaches are utilized. Furthermore, in order to analyze the fourth sub-research question, empirical international business literature is utilized. The aim is to show, that fossil investments are not only against the spirit of the Paris Agreement but also unlawful at least within the EU. This is because it is impossible to fulfill the fiduciary duties and the requirements of the Directive 2014/95/EU on non-financial disclosure on (climate) risks and continue investing in fossil energy. As the investment protection clause is unusable the latest after Komstroy, a diligent director will conclude that the risks in fossil investment are too big. The argumentation of this thesis may be utilized in climate litigation.
  • Flinck, Noora Katariina (2020)
    This thesis studies Finland’s and Sweden’s current and potential future engagement methods with the DPRK by focussing on women’s rights and gender equality. Interviews held with Finnish and Swedish foreign ministry representatives, NGO workers, and experts on North Korea reveal how the two countries engage with North Korea and how women’s rights and gender equality are being addressed in the Northeast Asian context. It will first outline how this research was conducted before introducing some of the most pertinent problems relating to gender equality and women’s right in the DPRK. Next, the histories between North Korea and the two Nordic states is outlined, after which theoretical considerations concerning feminist foreign policy, human-rights based, middlepowermanship, and soft power are discussed. Research findings are then examined and analysed before concluding with further broader examination of Finnish and Swedish engagement with North Korea and the importance of advancing gender equality and women’s rights globally.