Статті в журналах з теми "International Convention for the Suppression of Acts of Nuclear Terrorism"

Aviation is an important global business and a significant driver of the global economy. It is vital therefore that stringent measures are taken to counter acts of unlawful interference with civil aviation. Following a diplomatic conference, held in Beijing from 30 August to 10 September 2010 under the auspices of the International Civil Aviation Organization (ICAO), representatives from more than eighty States adopted two international air law instruments for the suppression of unlawful acts relating to civil aviation. The two instruments are the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (hereinafter 'Beijing Convention' or 'Beijing Treaty') and the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft. The Beijing Convention serves international civil aviation well by requiring parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing, and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. The treaties promote cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects. The Beijing Convention also obligates States to criminalize the transport of biological, chemical, and nuclear (BCN) weapons and related material. Many provisions of the Beijing Convention, which is a newcomer to aviation security in the context of some new provisions it introduces, may need reflection, particularly in interpreting the intent of its founding fathers. This article discusses some aspects of the Beijing Treaty, which may need that reflection

Problem setting. The definition of illegal armed groups is analyzed, the content of problems that need a legal provision to combat illegal armed groups is determined. The system of Ukrainian normative legal acts and key international legal acts related to terrorism and the fight against terrorist financing is outlined. Problem statement. Armed aggression of the Russian Federation against Ukraine, in particular, armed clashes and hostilities with the participation of regular or irregular forces of the Russian Federation, illegal armed groups and terrorist organizations at the Ukrainian state border, as well as provocative activities of the occupation administration of the Russian Federation in the occupied Donetsk and Luhansk regions, and sabotage, requires measures to ensure the national security of Ukraine. The improvement of legal framework for combating the regular Armed Forces of the Russian Federation, the illegal armed groups and terrorist organizations is an important component for ensuring national security. Analysis of recent research and publications. Issues related to the activities of illegal armed groups in eastern Ukraine, as well as regulatory provisions in this matter have been studied by a number of researchers. In particular, O. Fedenko and B. Panasyuk in their research consider the illegal armed groups as an instrument of hybrid warfare in eastern Ukraine. V. Kobko, V. Servatyuk and M. Polishchuk studied the structure, configuration and development of forms and methods of combat operations of the illegal armed groups. R. Dudarets investigates the creation and activity of illegal armed groups. However, based on the aggravation of the situation in eastern Ukraine and the intensification of the activity of the illegal armed groups, the legal aspects of combating the illegal armed groups need further research and improvement. Highlighting of previously unresolved parts of the overall problem. The contribution of the above-mentioned researchers is important, however it is necessary to pay attention to the need for further research in this matter. The aim of the study is to analyze the legal provisions for recognition of the Russian Federation as an aggresor at the legislative level, to classify the armed conflict in eastern Ukraine as an international conflict, to recognize the occupation administration of the Russian Federation in the occupied Donetsk and Luhansk regions as terrorist organizations. Statement of basic materials. The escalation of the conflict in eastern Ukraine is associated with the aggressive behavior of the Russian Federation and the intensification of the activity of the illegal armed groups that supported and controlled the Russian Federation. The illegal armed groups can be defined on the basis of the UN Geneva Convention relative to the Treatment of Prisoners of War, from the notes to Art. 260 (“Creation of non- statutory paramilitary or armed formations”) of the Criminal Code of Ukraine or based on the characteristics of their formation and activities. Main problems related to the armed aggression of the Russian Federation: recognition of the Russian Federation as an aggressor state in Ukraine and in the world and recognition of the occupation administrations of the Russian Federation in the occupied Donetsk and Luhansk regions as terrorist organizations and therefore recognition of armed groups as terrorists at the legislative and international levels. Ukraine managed only to appeal to international organizations by issuing the Resolution of the Verkhovna Rada of Ukraine, which had no legal consequences. The non-recognition of the occupation administrations of the Russian Federation in the occupied Donetsk and Luhansk regions, and hence the illegal armed groups as terrorist organizations is confirmed by the fact that the occupation administrations are not included in the List of Persons Related to Terrorism or International Sanctions according to the Resolutions of the Cabinet of Ministers of Ukraine. There is a certain legal inconsistency concerning which article of the Criminal Code of Ukraine should be used to prosecute illegal armed groups: Art. 258-3 (assistance to terrorist organizations) or Art. 260 (creation of paramilitary or armed formations not provided by law). In general, the legal framework for combating terrorism includes the following: the Constitution of Ukraine, the Criminal Code of Ukraine, the Law of Ukraine “On Combating Terrorism”, the Law of Ukraine “On Preventing and Combating Money Laundering, terrorist financing and financing the proliferation of weapons of mass destruction “, and other laws. The European Convention on the Suppression of Terrorism, the International Convention for the Suppression of the Financing of Terrorism, as well as other conventions relating to bombings, nuclear terrorism, hostage-taking, etc. are important in terms of international legal instruments. Conclusions and prospects for further research. The concept of an illegal armed group is defined in the notes to Art. 260 (“Creation of paramilitary or armed formations not provided by law”) of the Criminal Code of Ukraine. In general, there may be another definition of the illegal armed group as any armed group, which is created and operates contrary to Ukrainian law in order to sabotage the current constitutional order, change the territory of the state, achieve any other anti-government political goals by using weapons, explosives and more. It is determined that the main problem lies in the fact that the conflict in eastern Ukraine is not recognized as the international armed conflict, and the occupation administrations of the Russian Federation in the occupied Donetsk and Luhansk regions and illegal armed groups are not recognized as terrorist organizations. Further analysis and research shall be done on regulations on the fight against terrorism in general and the illegal armed groups in particular, which have already been adopted and will be adopted by the Verkhovna Rada of Ukraine in the future in connection with the escalation of the conflict with the Russian Federation.

The international dimensions of terrorism had been identified prior to World War II. Nonetheless, no agreement could be reached on an acceptable definition, or appropriate action, and the 1937 Convention on the Prevention and Punishment of Terrorism, adopted by the League of Nations, was ratified by a single country. The issue resurfaced in the late 1950s when private individuals perpetrated an alarming number of incidents endangering civil aviation during transnational flights. These incidents led to the adoption of three distinct conventions on the subject, namely the 1963 Tokyo Convention on Offenses and Certain Other Acts Committed on Board Aircraft, the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft, and the 1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation.

The author dealt with the subject of aviation terrorism and mechanisms aimed at combating it. The subject of discussion is the concept of aviation terrorism and its range. Then the author will discuss the international conventions that govern this issue, e.g. the Convention on Offences and Certain Other Acts Committed on Board Aircraft, the Convention for the Suppression of Unlawful Seizure of Aircraft of 1970 or the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971. The author will also present examples from the judicature concerning aviation terrorism. Subsequently, a ruling by the Polish and German Constitutional Tribunal which rejected the shooting of an aircraft violating the airspace of a given country will be analysed. A particular attention will be paid to the mechanisms aiming at securing the airlines and the airports by the state. The paper ends with deliberations on the air traffic safety.

The article addresses to the study of problematic issues of legal regulation of combating terrorism and the prevention of terrorist acts. The current state of crime prevention by terrorist groups is comprehensively analyzed. It is established that the range of subjects of anti-terrorist activity is not provided by the current legislation and the corresponding shortcomings that arise during the combating terrorism. It is established that the legal basis for the fight against terrorism is the Constitution of Ukraine, the Criminal Code of Ukraine, the Law of Ukraine "On Combating Terrorism", other laws of Ukraine, the European Convention on the Suppression of Terrorism of 1977 year, the International Convention for the Suppression of Terrorist Bombings of 1997 year, the International Convention on the Fight against Terrorist Financing in 1999 year, other international treaties of Ukraine approved by the Verkhovna Rada of Ukraine, decrees of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, as well as other regulations adopted to implement the laws of Ukraine. Among the normative legal acts regulating relations in the field of counter-terrorism, one of the prominent places has the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime, Terrorist Financing and Financial Proliferation of Weapons of Mass Destruction" dated 14 October, 2014. It is proved that among the factors that negatively affect the effectiveness of the investigation of terrorist crimes, the leading place is taken by insufficiently balanced and unfounded state criminal law policy, which over the past few years has gradually lost its state character, becoming hostage to permanent political confrontation. There are many cases of unsystematic and scientifically unsubstantiated changes in certain provisions of the Criminal Code of Ukraine. Key words: terrorism, terrorist act, terrorist operation, crimes, subjects, criminal liability.

This article analyzes the criminalization provisions of the International Convention for the Suppression of the Financing of Terrorism, the backbone of the legal regime for the prevention of terrorist financing. It makes a detailed examination of the background of the Convention and the nature of the negotiation discussions that led to its adoption. The drafters of the Convention were faced with two problems: first, how to define terrorism, terrorist acts, and terrorist groups, the financing of which should be addressed; second, the precise scope of the offense, in particular, how to define the preparatory acts of financing as an independent offense. This article argues that the definition of the offense provided by the Convention is far too ambiguous, and its application at national levels can often lead to an unjustifiable and unfair criminal law.

Adopted in Montreal in 2014, the Protocol to Amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft is the nineteenth international legal instrument in the acquis of the United Nations (‘UN’) and its related organisations devoted to prevention and suppression of terrorism. Considering the first of such instruments – the Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft (‘the Tokyo Convention’) – was adopted in 1963, it may be assumed that throughout the period of 55 years the UN has succeeded in solving the specific model of combating international terrorism. Although the existing and binding international conventions on suppression of terrorism do not form a uniform group and differ in terms of material scope of offences described therein, it is still possible to indicate one significant feature common to all conventions, and that is a set of legal measures and remedies available at the international level which guarantee an effective fight against terrorism. The above-mentioned set of regulatory measures – including, inter alia, jurisdictional clauses – constitutes a consistent collection of rules to be applied in cases of the majority of terrorist activities. The aforesaid model is based on the principle of aut dedere aut judicare supplemented with a rational control of extradition and jurisdictional issues. This model is also enriched with rules concerning other forms of co-operation such as mutual legal assistance, exchange of information and preventive measures. The rationale for the above-referred measures is to ensure that perpetrators of specific international terrorist offences shall be prosecuted regardless of their place of residence or motives that triggered such action. International anti-terrorist conventions adopted under auspices of the UN help to achieve this goal, confronting the internationalisation of terrorism with internationalisation of means and methods of combating this dangerous phenomenon.

In the modern period of the widespread processes of globalization, integration and rapid migration, complicated foreign policy relations of a number of states belonging to transnational blocs defending opposing interests, of course, the problem of effectively countering terrorist and extremist activities, as well as preventing the spread of relevant ideologies, is becoming particularly acute. The international community, realizing the danger of terrorism and striving to develop effective measures to prevent it, has adopted a number of documents, which include United Nations conventions (for example, the International Convention for the Suppression of the Taking of Hostages, the International Convention for the Suppression of Terrorist Bombings, the International Convention for the Suppression of financing of terrorism). The increased importance of this type of crime is also confirmed by the consolidation in federal legislation of the relevant concepts and forms in which the considered illegal activity can be carried out, the methods of its prevention and sanctions used for committing offenses of an extremist and terrorist nature. The main normative legal acts in this area are the federal laws of July 25, 2002 No. 114-FZ “On Countering Extremist Activity” and of March 6, 2006 No. 35-FZ “On Countering Terrorism.” For the purposes of criminal law enforcement of countering terrorism and in the interests of fulfilling international obligations, the Criminal Code of the Russian Federation of June 13, 1996 (as amended on November 28, 2015, hereinafter referred to as the Criminal Code of the Russian Federation) establishes responsibility for the commission of crimes against international security.

Prevention and eradication of terrorism funding criminal acts have been published by Indonesian Government as a ratified act of International Convention for the suppression of the financing of terrorism under the Act No. 9 The Year 2013. This act was enacted for strategies and serious attempts to fight against transnational crime of terrorism. Through content analysis method on The Act, this research was meant to understand the direction of security regulation of Indonesia by using three paradigms i.e. realism, liberalism, and constructivism. It was figured out that realism was used by Indonesian Government of which the government acts as the key and dominant actor in this Act. This realistic paradigm implies on many government policies which are perceived overwhelming and tend to repress on civil right of freedom.

Terrorism financing is a global phenomenon that not only threatens States’ security, but can also undermine economic development and financial market stability. Terrorists require financing to recruit and support members and conduct operations. Thus, preventing terrorists from accessing financial resources is crucial to successfully counter the threat of terrorism. It is therefore of highest importance to stop the flow of funds to terrorists. The article describes the core elements of the main international instruments on the field of the fight against terrorist financing, similarities and differences between these norms. Key words: financing terrorism, terrorist financing convention, terrorist acts, criminalization of financing terrorism, Resolution 1373

The paper considers the implementation of the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation and the Protocol supplementing The Hague Convention for the Suppression of Unlawful Seizure of Aircraft into the national legislations of ICAO Member States. The analysis of criminal acts is carried out and the appropriate determination is given. Taking into account the content of the Convention in reference to acts of unlawful interference committed against the aircraft safety, the authors propose conceptual approaches which help to efficiently amend various legal documents, applying special legislative means. The paper also discusses the relevant criminal issues related to air transportation of biological, chemical, and nuclear weapons with the supplementary materials included. Strict attention is paid to the issue of criminal liability of legal entities for violations of aircraft safety. To foster the ratification of pertinent legal documents, the authors describe methods that help to develop necessary amendments and additions.

In connection with armed aggression, violation of a range of international treaties, customary norms of international law, commission of acts of terrorism, many questions arise about the status of the state-sponsored terrorism and criminal prosecutions of the perpetrators of the offense. The purpose of this research is to examine and cover current issues of recognizing the Russian Federation as a state-sponsored terrorism and bringing to individual criminal responsibility the military-political leadership for the crime of aggression and war crimes. The research is based on such methods as analysis, synthesis, generalization and comparison, formal-logical and analytical methods. The analysis and researches of the legal grounds in international law for the recognition of the Russian Federation as a state-sponsored terrorism were carried out, along with general provisions of individual criminal responsibility for crimes against international customary law. Doctrinal approaches to granting status and a definition of the concept of "state-sponsored terrorism" were contemplated and formed respectively, the categories for granting that status are emphasized and the recognition of the Russian Federation is justified by means of the analysis of requirements and documented cases and incidents of unlawful acts committed by Russia. The provisions of the Text of the Articles on the Responsibility of States for Internationally Wrongful Acts of the ILC, the United Nations General Assembly Resolution 2625 (XXV), the International Convention for the Suppression of the Financing of Terrorism are covered, as well as the prospects for recognition as a state-sponsored terrorism by the UN Security Council and the imposition of economic sanctions. The study reveals the issues of criminal responsibility of individuals, namely the military and political leadership of the Russian Federation for the crime of aggression and combatants, other persons for war crimes. The concept of crime of aggression and war crimes is defined, the accusations of the Russian Federation of waging an aggressive war of conquest and committing war crimes in accordance with the categories and summary of the reports of independent missions of international organizations are justified and grounded. Having exemined the provisions of international legal instruments, reports and statements of international organizations that were conducted in Ukraine on the fact of unlawful actions of the Russian Federation, several practical advices on the international legal recognition of Russia as a state-sponsored terrorism was developed and the concepts of creating a special tribunal for the crime of aggression were proposed and noted the prospective of the punishment and criminal responsibility of war criminals.

The subject. The number of authors who consistently try in their works to “bury” international justice, as well as international law itself, behind the ideas of politicization, bias and unenforceability, has grown significantly today. The political and legal developments of modern international law should still be assessed comprehensively and in detail. First of all, legal events are the is Judgment on the merits of the International Court of Justice of January 31, 2024, case of Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine vs. Russian Federation).Materials and methods. This research carried out a scientific analysis of the Judgment on the merits of the ICJ dated January 31, 2024. The subject of the study also included other law enforcement acts of the International Court of Justice in this case and in other cases, as well as normative acts of international law.Discussion. The judgment on the merits of the UN International Court of Justice dated January 31, 2024 was one of the most expected and unexpected for many. It is an ambiguous event that requires multifactor analysis. The author analyzed the procedure for considering this dispute, the stated subject and basis of the dispute in conjunction with the decisions of the Court itself on jurisdiction, and assessed the adopted final decisions on the merits of the dispute. It is safe to say that for Russia this decision of the Court is in many ways positive. The positions of the Court in the examined act allow us to draw conclusions not only on the issues of the dispute itself, on the merits of which it was decided, but also regarding the advisability of preserving international justice, which has shown viability and independence.The main results and conclusions. The author analyzes the case review process, the subject of the dispute, which was declared by the applicant and actually considered by the Court, in conjunction with the judgments of the Court on the issue of jurisdiction, and the author gave a legal assessment of the final judgment on the merits of the case. It is safe to say that this Court,s judgment has a positive meaning in many aspects for Russian Federation. The positions of the Court in the act examined allow us to draw conclusions not only on the issues of the case itself, on the merits of which it was rendered, but also on the expediency of preserving international justice, which has shown viability and independence.In addition, the International Court limited itself to proving Russia's guilt in only two minor episodes of international legal violations of the International Convention for the Suppression of the Financing of Terrorism of 1999 and of the International Convention on the Elimination of All Forms of Racial Discrimination of 1965. The Court avoided from orders for damages.

This article contributes to the study of English deontic modal means as a key linguistic phenomenon. It responds to the need of a systematic analysis of English deontic modal auxiliaries used in international legal documents of various genres. Deontic modality is studied as a conceptual category from the semantic perspective. Deontic modals that express permission, obligation and prohibition are treated with special attention to the applicability to Legal English. The corpus includes UN documents of five legal genres: the United Nations Charter, the Universal Declaration of Human Rights, the Statute of the International Court of Justice, the Treaty on the Prohibition of Nuclear Weapons, and the International Convention for the Suppression of the Financing of Terrorism. These texts were selected to identify frequency, distribution and semantic content of modal auxiliaries which express permission, obligation and prohibition in legal discourse. The aim to reveal similarities and differences in the use of deontic modal auxiliaries in General English and Legal English has been also set.

INTRODUCTION. The relevance of the research topic is determined, firstly, by the special socio-economic and international importance of energy, the technical complexity of energy facilities and at the same time, their increased vulnerability, potential threat to the environment, and secondly, by the needs to ensure the safety of energy activities in its various forms with the help of international and national law. Despite the fact that in the science of international law considerable attention is paid to the problem of the relationship between international and national law, there are no special comprehensive studies on the problem of the relationship between international and national law in the field of ensuring the safety of energy activities. In turn, the category “energy security”, in contrast to the outwardly similar and organically related (but not identical) category “energy security”, has not yet received a comprehensive (including within the framework of legal science) research, is not legalized in law. The purpose of the work is to substantively identify the possibility and necessity of legalizing the category of "energy security" and the potential for improving national law (in particular, national criminal legislation) on the circumstances of Russia's participation in international treaties, fulfilling international legal obligations and increasing the efficiency of legal regulation, protecting national interests in the energy sector.MATERIALS AND METHODS. Within this research international treaties and documents of the international law and national legislation of States are analyzed. As a research method, the general scientific and special methods of enquiry is used, including the comparative legal and the formal legal methods.RESEARCH RESULTS. In modern conditions, there is a need to legalize the category of “safety of energy activities”, which, in contrast to the “energy safety” category, has not yet received due attention, including in legal research. The safety of energy activities has various sections, and its legal support includes a wide range of measures and regulators of an international legal and national legal nature. In practice, the relationship between international legal and national legal regulators, their combination and composition in the process of ensuring the safety of energy activities (as applied to individual energy facilities, in particular, floating nuclear power plants) can take complex, combined forms. Counteraction to acts of unlawful interference that infringe on the interests of the safety of energy activities is carried out in the interconnection of international criminal law and national criminal law. The author's position on the question of the systemic affiliation of international criminal law and its relationship with national criminal law is indicated. It is shown that in numerous international treaties and other international documents on environmental protection in connection with the conduct of energy activities, with rare exceptions, there is no mention of criminal-legal measures to counter relevant environmental offenses; accordingly, this issue is resolved at the level of the national criminal law of states. The special and most developed international legal documents on the issues of ensuring the anti-criminal security of energy activities are the Protocols for the suppression of unlawful acts against the security of fixed platforms (1988 and 2005, respectively). The need for the implementation of international legal provisions into national criminal legislation is substantively indicated. A legislative gap was identified and the potential for improving the norms of national legislation on the criminal law protection of trunk pipelines was identified, taking into account the provisions of the 1982 UN Convention on the Law of the Sea.DISCUSSION AND CONCLUSIONS. The main conclusions of the study are as follows. Firstly, the category "safety of energy activities" in its content is not identical to the category of “energy safety”, while it includes internal (from the point of view of the safety of energy facilities, fuel and energy complex, people involved in the process of their operation) and external (from the point of view of in terms of risks and threats for the environment from the energy activity itself), as well as a number of “sections” (anti-criminal security, industrial and information security, environmental safety), taking into account the nature of the relevant threats. Secondly, the national criminal legislation in the field of ensuring the safety of energy activities has significant potential for improvement, based on the instrument of national legal implementation of legally binding provisions of international treaties for the state. On the fact of Russia's participation in the Protocol for the suppression of unlawful acts against the safety of fixed platforms located on the continental shelf, 1988, it is necessary to implement the provisions of this international legal act in the Criminal Code of the Russian Federation, thereby fulfilling the international legal obligation of the state and increasing efficiency criminal law protection of these objects of the fuel and energy complex. It is also necessary to bring the norms on the criminal law protection of underwater cables and pipelines in the current Criminal Code of the Russian Federation in accordance with the provisions of the international treaty of the Russian Federation – the UN Convention on the Law of the Sea of 1982 (Article 113 “Breakage or damage of a submarine cable or pipeline”).

1International Court of Justice — Jurisdiction — Subject-matter of dispute — Jurisdiction ratione materiae under International Convention for the Suppression of the Financing of Terrorism, 1999 (“ICSFT”) — Whether Court having to establish plausibility of claims of Ukraine — Interpretation of Article 2 of ICSFT — Whether ICSFT applying to terrorism financing by State officials — Meaning of “funds”, “knowledge”, “intention” and “purpose” matters for merits — Whether Parties having negotiated a settlement before filing the case — Whether Parties having endeavoured to organize arbitral proceedings for six months before filing the caseInternational Court of Justice — Jurisdiction — Jurisdiction ratione materiae under International Convention on the Elimination of All Forms of Racial Discrimination, 1966 (“CERD”) — Whether acts of which Ukraine complains constituting “discrimination” within meaning of Article 1 of CERD matter for merits — Whether rights invoked by Ukraine protected under CERD — Alternative or cumulative character of preconditions under Article 22 of CERD — Whether Ukraine making a genuine attempt to find a negotiated solution before filing the case — Admissibility of claims under CERD — Whether rule on exhaustion of local remedies applicable — Diplomatic protection — Alleged existence of a sustained campaign of racial discriminationTerrorism — Treaties — Interpretation — Scope — International Convention for the Suppression of the Financing of Terrorism, 1999 (“ICSFT”) — Vienna Convention on the Law of Treaties, 1969 — Interpretation of Article 2 of ICSFT — Whether ICSFT applying to terrorism financing by State officials — Meaning of “funds”, “knowledge”, “intention” and “purpose” matters for merits — Whether Court having jurisdiction to entertain Ukraine’s claims under ICSFT — Whether preliminary objection to be upheldHuman rights — Treaties — Interpretation — Scope — International Convention on the Elimination of All Forms of Racial Discrimination, 1966 (“CERD”) — Whether acts of which Ukraine complains constituting “discrimination” within meaning of Article 1 of CERD matter for merits — Whether rights invoked by Ukraine protected under CERD — Interpretation of Article 22 of CERD — Alternative or cumulative character of 2preconditions — Whether Ukraine making a genuine attempt to negotiate settlement of dispute — Whether Court having jurisdiction to entertain Ukraine’s claims under CERD — Whether preliminary objection to admissibility of Ukraine’s claims to be upheld

The topic of the article relates to the legal framework for nuclear material security represented in the Convention on the Physical Protection of Nuclear Material, which provides for certain levels of physical protection during the international transfer of nuclear materials, and sets a general framework for cooperation between states in the field of protection, recovery, and return of stolen nuclear materials, in addition to that it aims to prevent and detect Addressing criminal and other unauthorized acts directed against nuclear or other radioactive materials and related facilities and activities and urges states parties to track them down and adopt a system for extradition or prosecution of criminals. This article aims to highlight the importance of the Convention on the Physical Protection of Nuclear Material in completing the legislative infrastructure of countries wishing to acquire a nuclear program, as it is one of the important legal tributaries to avoid the dangers resulting from the illicit trade in nuclear materials, their seizure, and their illegal use, sabotage or sabotage of nuclear facilities, Eliminate the threats posed by international terrorism and organized crime. The article also aims to shed light on the legal problems that hinder the achievement of the desired goals of the nuclear programs if the codes of conduct regarding the safety and security of radioactive sources are not followed, and that stem from the material protection Convention, and the case of illegal possession or use of radioactive material or a radioactive nuclear device, or assault Nuclear facilities and their harm. The article reviewed the need to complete the legal infrastructure necessary for the Egyptian nuclear program through Egypt's accession to the Convention on the Physical Protection of Nuclear Material, so that through this, an integrated legal environment of services and support is available to ensure the preparation of the nuclear program to the fullest extent, raise its growth rates, and increase its efficiency, which leads To increase the chances of its success and its sustainability, by imposing prior protection on the prohibited activities, thus contributing to their elimination. The article presented the infrastructure of the Egyptian nuclear legislation, in particular the law on regulating nuclear and radiological activities and its implementing regulations, and the Egyptian system for accounting and control of nuclear materials to demonstrate the adequacy of these legislations to fully protect nuclear materials, and whether they cover important aspects related to supporting nuclear non-proliferation and combating terrorism. Strengthening the physical protection of nuclear materials and nuclear facilities for peaceful purposes. The conclusion of the article that Egypt's accession to the Convention on the Physical Protection of Nuclear Material will strengthen the infrastructure for nuclear legislation, and then strengthen and maintain the security of the Egyptian nuclear program, in addition to strengthening international cooperation in developing effective measures that guarantee the physical protection of nuclear materials. And nuclear facilities, without prejudice to national sovereignty or prejudice to the nuclear technology necessary for a peaceful nuclear program.