International Legal and Philosophical Aspects of the New Protection Concept of the Common Heritage of Mankind

Radzivill, Olexandr; Shulzhenko, Fedir; Golosnichenko, Ivan; Solopenko, Valentyna; Pyvovar, Yuriy

doi:10.24234/wisdom.v15i2.330

Cited by 3 publications

(1 citation statement)

References 6 publications

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“…In the minds of ordinary citizens, fear of punishment from higher powers was seen as a strong guarantee of order. Equally, the idea that the gods establish the legal order of a particular country was transformed into the thesis of divine world order as a reason for giving rise to at least some kind of state and legal order (Rist, 2008;Rawls, 1971;Radzivill, Shulzhenko, Golosnichenko, Solopenko, & Pyvovar, 2020). This entailed a detailed regulation of the behaviour of all members of society and the expulsion or physical destruction of those considered potential enemies of the established religious and legal order.…”

Section: Research Resultsmentioning

confidence: 99%

Characteristic of Features of the Philosophical and Legal Paradigm of Control in the Context of the Philosophy of Law

Ortynskyi¹,

Harasymiv²,

LYCHENKO³

et al. 2022

wisdom

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Social order and stability depend on many social factors, among which social control occupies an essential place as a means of self-regulation of society, the purpose of which is to streamline social relations. This problem is especially acute in the legal plane, where control is used together with other social and legal means as a decisive factor in forming the legal order. A philosophical and legal study of control and its impact on the rule of law requires a detailed examination of these concepts in historical retrospect through the prism of their value-based content. The study's primary purpose is to determine the main features of the philosophical paradigm of control in the context of the philosophy of law. The primary methodology was several historical and theoretical methods of analysis and research, which made it possible to achieve the set goals. As a result of the study, the critical elements of the philosophical and legal paradigm of control in the context of the philosophy of law were identified.

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Section: Research Resultsmentioning

confidence: 99%

Characteristic of Features of the Philosophical and Legal Paradigm of Control in the Context of the Philosophy of Law

Ortynskyi¹,

Harasymiv²,

LYCHENKO³

et al. 2022

wisdom

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Fighting Deforestation in Non-International Armed Conflicts: The Relevance of the Rome Statute for Rosewood Trafficking in Senegal

Martini

Sarliève

2021

TEL

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This article examines rosewood trafficking in the Casamance region of Senegal to determine whether acts of massive deforestation committed in the context of a non-international armed conflict can be prosecuted before the International Criminal Court (ICC) as war crimes of pillage and destruction of property under Article 8(2)(e)(v) and (xii) of the Rome Statute, respectively. It examines two of the main challenges resulting from the application of these provisions to acts of massive deforestation in the light of the ICC Elements of Crimes. Firstly, the article addresses the delicate issue of the establishment of a nexus between these acts and the related non-international armed conflict. Secondly, it discusses whether natural resources may qualify as ‘property’ for the purpose of Article 8(2)(e)(v) and (xii). It then offers avenues of reflection regarding the determination of ownership of these resources to fulfil the requirements of the Rome Statute.

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Geodiversity: dimensions, connotations, and associations

Radzivill¹,

Grytsenko²

2022

GEO&BIO

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The paper aims to outline the main characteristics of the term ‘geological diversity’ in its three most clear and interrelated aspects: legal, worldview, and natural historic. The legal aspect of geodiversity now seems to be the most clearly comprehended and the most efficient in regard to its primary tasks. The experience of regulation in the international law of various objects of geodiversity is considered in relation to the concept of world her-itage. Based on the convention of biological diversity, which is also part of world heritage, we attempt by anal-ogy to compare biodiversity and geodiversity as an object of legal regulation. The system of Kant’s philosophy is analysed as a worldview basis, which can be used to clarify the meaning of the term ‘geodiversity’ and which is based on the priority of the researcher’s self-reflection in theoretical or practical judgments: being ‘in-tersubjective’ it finds realization in principles of postmodernism and other worldview novelties. The natural his-toric aspects of geodiversity are considered as one of the variants of systematization of the factual materials amassed in the earth sciences, based on the needs of the related scientific, economic, and conservational activ-ities of humans in the geological space. Analysing the demands to science in general and to geology in particu-lar, we suggest that despite the importance of systematizing paradigms, the systematic unity of geology—at least at the current stage of its development—is based on the specifics of geological thinking able to fully comprehend the diversity of geological phenomena and on the basic principles of systematization of the fac-tual material neutral in regard to dominating paradigms. In this sense, geology—as a multi-level dynamic sys-tem of reflection of the results of geological studies—embodies the ‘oncoming movement’ of empirical gener-alizations of the factual material and the conceptual-mathematical models of the more adequate reflection of the diversity of geological phenomena, among which models of fractal geometry appear to be the most pro-spective.

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International Legal and Philosophical Aspects of the New Protection Concept of the Common Heritage of Mankind

Cited by 3 publications

References 6 publications

Characteristic of Features of the Philosophical and Legal Paradigm of Control in the Context of the Philosophy of Law

Characteristic of Features of the Philosophical and Legal Paradigm of Control in the Context of the Philosophy of Law

Fighting Deforestation in Non-International Armed Conflicts: The Relevance of the Rome Statute for Rosewood Trafficking in Senegal

Geodiversity: dimensions, connotations, and associations

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