Eurasian Journal of International Law

The importance of the TRIPS Agreement in regulating access to medicines and pharmaceuticals within the WTO

2025-06-25T10:01:23+00:00

Global health issues and its connection with the development of the modern economy are one of the most important problems of our time, which worries every state and the entire world community. Good health for all people is a goal pursued by many international organizations, including both the World Health Organization (WHO) and the World Trade Organization (WTO). This article examines the issues of access to medicines within the framework of the World Trade Organization (WTO), analyzes such important documents as the TRIPS Agreement, the Doha Declaration, the WHO Strategy for Medicines, approved by the 54th session of the World Health Assembly (WHO resolution 54.11), provides factors that ensure wide access to medicines and vaccines. The article presents different points of view on the importance of patents for pharmaceutical discoveries, and examines in detail the tools of the intellectual property system, including parallel import and compulsory licensing, which can be crucial in supporting differentiated pricing and market segmentation. In the final part of the article, conclusions and suggestions are formulated on the issue of access to medicines and vaccines.

International legal regulation of arrest and detention of vessels: an analysis of modern practice

2025-07-17T09:28:30+00:00

The article is devoted to topical issues of international maritime law related to the legal grounds and procedures for the arrest and detention of ships in the current geopolitical situation. Special attention is paid to the analysis of the key international conventions UNCLOS of 1982, the Convention on the Arrest of Ships of 1999, the Convention on Combating Illicit Drug Trafficking of 1988, which provide legal regulation, as well as the balance between the need to ensure maritime safety and the protection of the rights of shipowners and crew members. The importance of the topic is due to the increasing number of cases of detention of ships, using the example of the incidents with the Baltic Summer and KIWALA, which demonstrate gaps in legal regulation and problems of applying international law in the context of sanctions pressure and political tension. The article highlights the importance of upholding the principles of the rule of law, international cooperation, and procedural safeguards to ensure the sustainable development of maritime trade and the protection of human rights.

Realization of the rights of children with disabilities to education in the Republic of Kazakhstan in accordance with the norms of international law

2025-07-13T16:53:34+00:00

The article examines the issues of implementing the rights of children with disabilities to education in the Republic of Kazakhstan within the framework of international law.

The article analyzes the main provisions of the UN Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities, as well as their impact on the legislation of Kazakhstan. In addition, the formation, features and achievements of the inclusive education system are covered.

The authors of the article also offer the necessary recommendations for improving the situation with ensuring the rights of children with disabilities to education in the country.

Submission of Individual Complaints to the UN Human Rights Treaty Bodies: Admissibility Requirements

2025-07-16T02:47:47+00:00

This article provides a systematic analysis of the admissibility requirements for individual communications submitted to the UN human rights treaty bodies. It highlights that a significant portion of complaints submitted by citizens of the Republic of Kazakhstan have been declared inadmissible, primarily due to the failure to meet procedural and legal requirements. Drawing on international legal norms and the jurisprudence of the treaty bodies, the author clarifies the content of admissibility criteria (ratione temporis, ratione materiae, ratione personae, etc.). The aim of the article is to provide high-quality legal and informational material in the state language in order to explain common mistakes made by authors of complaints, thereby increasing the likelihood of their consideration on the merits.

Diplomatic protection of Russian citizens abroad in modern international law

2025-05-19T19:59:04+00:00

This study is devoted to the issues of diplomatic protection of Russian citizens abroad whose rights have been violated. Individuals located in the territory of a foreign state are often subject to unlawful actions by individuals or authorities of the host state and not always in such situations the legal protection measures provided for by the legislation of the host state are exhaustive in order to achieve full protection and restoration of violated rights. In cases where the violation of the rights and interests of compatriots goes beyond the scope of national legislation and entails a violation of international law, states retain the right to resort to diplomatic protection mechanisms.

The scientific significance of the study consists in analyzing the use of the mechanism of diplomatic protection of the rights of Russian citizens, taking into account the current international situation.

In addition, the protection of the rights of compatriots is one of the priorities of the state policy of the Russian Federation, accordingly, the work will analyze the activities of state authorities of the Russian Federation to restore violated rights and protect the rights of compatriots.

The main conclusions and value of this work is the consideration and derivation of new ways to protect the rights of citizens abroad in the context of international tension. New approaches were found in the protection of citizens abroad with the involvement of top officials of the state.

The institute of appealing decisions of acquittal or conviction and other decisions in the International Criminal Court

2025-05-18T17:02:42+00:00

The Appeals Chamber of the International Criminal Court has the authority to consider cases concerning the appeal against the decision of acquittal or conviction or against sentence, the appeal against other decisions, as well as the revision of the conviction or sentence. This article considers only one of the competencies of the Appeals Chamber - the institute of appeal. Within the framework of this institution, the content of the grounds and standards necessary to satisfy an appeal petition is disclosed, in accordance with the Rome Statute and the practice of the Court. The grounds set out in article 81 of the Statute relating to the decision of acquittal or conviction and sentence include: procedural error, error in law, error in fact, as well as any other ground that affects the fairness or reliability of the proceedings or decision. The standards include a "material" affect on the final decision, the meaning of which is also subject to interpretation, as well as the fact that the contested trial was unfair in a way that calls into question the credibility of the decision or sentence. The nature of the procedure for appealing other decisions, as set out in article 82 of the Statute, is being studied. An emphasis is also placed on the interpretation of the provisions of the Statute, that is, how the various grounds and standards set out in different articles correlate in the context of article 83 of the Statute and among themselves.