Researcher:
Azarova, Valentina

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Researcher

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Valentina

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Azarova

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Azarova, Valentina

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2017 - 20184

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Researcher Of Publications: search.filters.isAuthorOfPublication.2fc567d4-9387-441d-8a7b-fcc850c53365

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    Why the ICC needs a 'Palestine situation' (more than palestine needs the ICC): On the court's potential role(s) in the Israeli-Palestinian context
    (IL MULINO, 2017) Mariniello, Triestino; N/A; Azarova, Valentina; Researcher; Center for Global Public Law (CGPL) / Küresel Kamu Hukuku Çalışmaları Uygulama ve Araştırma Merkezi (KÜREMER); N/A; N/A
    This article interrogates the potential role of the ICC in the Israeli-Palestinian context as a function of the relationship between international criminal justice and the maintenance of peace. It argues that the Palestine situation presents the ICC with a critical opportunity to redress its 'crises' of effectiveness and legitimacy. The risks of an ICC intervention for the Palestinian population and for the Court may have been underappreciated. However, the Court's reluctance to open an investigation in the Palestine situation, and missed opportunities during the deliberation of Palestine's 2009 declaration requesting jurisdiction, have undermined its institutional integrity and contributed to the waning of its standing as an enforcer of international law. This contribution concludes that the ICC's potential to deter international crimes in the Israeli-Palestinian context is limited, and the Court needs a 'Palestine situation' more than the Palestine needs the ICC.
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    The bounds of (il)legality: rethinking the regulation of transnational corporate wrongs
    (Brill, 2018) N/A; Azarova, Valentina; Researcher; Center for Global Public Law (CGPL) / Küresel Kamu Hukuku Çalışmaları Uygulama ve Araştırma Merkezi (KÜREMER); N/A; N/A
    The chapter critically interrogates the remedial limits of international law as regards the regulation of extraterritorial business by their home-states, by exploring the conceptual foundations of this area of law and their effects on state practice. The UN Guiding Principles on Business and Human Rights offer limited guidance to home-states on their obligations to regulate their corporate nationals' extraterritorial activities. At the same time, traditional approaches to the domestic implementation of international human rights law have failed to account for the interplay and interrelation between international law and domestic law. As a result, the limits of the remedial nature of human rights law as regards the regulation of extraterritorial corporate activity have effectively shielded businesses and their home-states from consequences under both international and domestic law. A rethinking of the legal risks entailed by transnational corporate wrongs for home-states through a transnational legal process, under home-states' obligations to ensure the non-recognition as lawful of internationally unlawful acts by its domestic legal order opens the possibility of regulating such wrongs as either illegally-constituted gains or unlawfully obtained factors of production under domestic laws and not only as violations of human rights law. The chapter offers such a re-examination and invites a rethinking of the regulation of extraterritorial business as a transnational legal process.
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    Business and human rights in occupied territory: the UN database of business active in Israel's settlements
    (Cambridge Univ Press, 2018) N/A; Azarova, Valentina; Researcher; Center for Global Public Law (CGPL) / Küresel Kamu Hukuku Çalışmaları Uygulama ve Araştırma Merkezi (KÜREMER); N/A; N/A
    The law and practice concerning the responsibilities of businesses and the obligations of their home states in relation to private dealings in occupied territory are under-developed. The establishment of a database by the United Nations (UN) Office of the High Commissioner for Human Rights to monitor the activities of corporate actors in the Occupied Palestinian Territory (OPT) is an opportunity to provide much-needed guidance on the scope of application of existing international law in this paradigmatic case of a high-risk business environment. This article engages with the contribution of this initiative to the regulation of transnational corporate dealings through two normative issues: the structural characteristics and effects of the violations taking place in certain business environments maintained in the OPT on the responsibilities of business and home states; and the various modes through which businesses become directly linked with and contribute to the illicit property rights regime underpinning the existence of settlements and the serious human rights abuses perpetuated by their maintenance.
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    An illegal territorial regime? On the occupation and annexation of Crimea as a matter of international law
    (T.M.C. Asser Press, 2018) N/A; Azarova, Valentina; Researcher; Center for Global Public Law (CGPL) / Küresel Kamu Hukuku Çalışmaları Uygulama ve Araştırma Merkezi (KÜREMER); N/A; N/A
    What happens to the international law of occupation when the de facto administrator not only subjectively rejects its applicability, but maintains the occupation with the intention to acquire or transform territory?What effects does it have on the de facto administrator's status? And what implications on the welfare of the civilian population? Is it appropriate for international law to regulate such situations as belligerent occupations? Russia's occupation of Crimea exemplifies the regulatory challenges created by contemporary situations of occupation qua annexation, which this chapter argues are a form of illegal territorial regime. To address them, the chapter explores the place of occupation law and its mutually-reliant relationship between the international norms of conflict management (jus in bello), which includes occupation law, and those of conflict prevention and resolution (jus ad bellum). It argues that such illegal situations are incommensurable with the legal category of belligerent occupation in international law: they necessitate the diligent application of the jus ad bellum to appropriately regulate occupying states seeking territorial aggrandisement and foreign domination. The operation of the consequence of invalidity in such cases means that third party States and international organisations are made to undertake the enforcement and protection of the civilian population under the aegis of the foreign power.