History of international law
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Reference:
Shcheglov, A.K. (2026). From the League of Nations to the law of the European Union: categorical and individual approaches to defining refugee status. International Law, 4, 1–19. . https://doi.org/10.25136/2644-5514.2026.4.80462
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EDN: SUXUYU
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Abstract:
The subject of the research is the historical and legal evolution of the international definition of the concept of "refugee": from the categorical (group) approach used by the League of Nations from 1921 to 1939, based on a person's affiliation with a specific national or ethnic group, to the individual criterion of "well-founded fear," established by the 1951 Convention Relating to the Status of Refugees, which implies the assessment of the personal circumstances of each applicant. The author also considers the reflection of both approaches in European Union law: from the initial instruments of the Dublin system to the Lisbon Treaty and the Migration and Asylum Pact of 2024. A particular focus is on whether contemporary EU law – despite the constitutional enshrinement of the individual standard in Article 78(1) of the TFEU – reproduces elements of the historically overcome group logic, and what the legal consequences of such a regression are for applicants with atypical threat profiles. Historical and legal analysis of the League of Nations treaties is applied in their semantic interconnection; a comparative legal method is used when comparing the group definition of a refugee with the individual definition of the 1951 Convention and the EU legal criterion; a systemic method is employed to study legal evolution as a single systematic sequence; and a formal-legal method is utilized when analyzing specific contractual provisions. The novelty of the research lies in the introduction of the analytical opposition "categorical – individual approach" as a tool for the historical and legal analysis of the evolution of international refugee protection. It is established that the transition to the individual criterion in 1951 was a response to the structural deficiencies of the League of Nations system: the group definition of a refugee, the non-binding nature of the acts, a limited number of participants, and the absence of a supervisory mechanism. The phenomenon of the "structural pendulum" has been identified – a return to group criteria during periods of migratory pressure. It is shown that the twenty percent criterion of the 2024 Pact reproduces this logic and conflicts with the individual protection standard. Continuity between historical and contemporary models of asylum regulation has been proven. Proposals de lege ferenda have been formulated to adjust accelerated procedures and to apply the concept of safe countries.
Keywords:
Refugee, Asylum, Non-refoulement, Persecution, Individualization, Categorical Approach, League of Nations, Solidarity, European Union, Continuity
Development of separate branches of international public law
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Reference:
Rodionov, A.E. (2026). Improving the international legal regulation of social networks to protect children's rights based on a balance between digital security and freedom of access to information. International Law, 4, 20–41. . https://doi.org/10.25136/2644-5514.2026.4.81302
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EDN: FJRVIL
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Abstract:
The object of study comprises social relations arising in the process of international legal regulation of the functioning of social networks and other digital platforms aimed at ensuring digital security and the protection of children's rights. The subject of study consists of international treaties, acts of international organizations, the practice of their application, as well as international legal mechanisms regulating the activities of digital platform operators, aimed at ensuring a balance between digital security and the realization of children's rights to search for, receive, and disseminate information. The relevance of this study is determined by the necessity to improve international legal regulation of social relations arising from the functioning of social networks by forming universal international standards based on maintaining a balance between ensuring digital security and the realization of internationally recognized children's rights to search for, receive, and disseminate information. The methodological foundation of the research consists of a combination of general scientific and specific legal methods of scientific knowledge, where the main research method is the dialectical method. In addition, formal-legal, systemic-structural, comparative-legal, historical-legal methods, as well as legal modeling methods were used. In forming the conclusions of the research, methods of analysis, synthesis, induction, and deduction were also applied. The scientific problem of the research lies in the absence of a comprehensive mechanism in modern international law for regulating social relations arising from the operation of social networks, ensuring a balance between the necessity to protect children's rights in the digital environment and the permissible measures for ensuring their digital security. Accordingly, it is justified to conclude that ensuring children's rights in the digital environment requires a reconsideration of existing approaches to international legal regulation of social networks. It appears that the target of international legal influence should be the social relations arising in connection with the activities of digital platform operators, rather than the underage users themselves. In this regard, the improvement of international legal regulation should aim at forming universal international standards for the functioning of social networks that ensure a balance between digital security, the protection of children's rights, and the realization of their right to search for, receive, and disseminate information.
Keywords:
international law, social networks, children's rights, protection of children's rights, digital security, international standards, the Internet, international cooperation, national security, right to access