Papers by Olesya Dovgalyuk
This paper looks beyond the negative response to the reversal of Globalization. I highlight the i... more This paper looks beyond the negative response to the reversal of Globalization. I highlight the intercultural clash between the values imposed through the uneven process of West-led Globalization and Islamic and (Confucian-)Socialist traditions in the Middle-East and East-Asia regions. Further alliance formation (example: Security Council P5 blocs on the situation in Syria) as a " symptom " of the 2 polarisation in a post-hegemonic multiplex system necessitates cultural diplomacy for better-coordinated collective action, and coherent mechanisms of prevention and prosecution for international terrorism, while carefully considering implications of the growing cyberspace in this issue. Reflecting on the future, I defend the possibility of creative fragmentation, illustrating it with South-South (specifically, China-Africa) cooperation in education, trade etc. Studying these phenomena holistically to harmonise the inevitable multidimensional fracturing to provide " good enough " global governance in a divided yet interdependent world is ultimately considered the goal of politics.
The ultimate aim of this article is to analyse the role of the rising and already-existent region... more The ultimate aim of this article is to analyse the role of the rising and already-existent regional courts in adjudicating terrorism as it appears in the Public International Law against the wider framework of global counter-terrorism struggle, with a special focus on the emerging category of cybercrimes/cyberterrorism, all exceptionally challenging due to the absence of the universally-agreed legal definitions or agreement on the elements constituting either of these crimes. Applying comparative law, we proceed to assess whether and how different legal frameworks and traditions – such as civil law, common law, sharia law and socialist/communist law – affect judicial cooperation between territories and regional institutions. A distinction between the first-and second-generation institutions is also made, with the conclusion that the latter (as organizations focused on trade and economic issues) drive judicial cooperation more effectively due to their more neutral outlook and greater incentives for the member-states pursuing their national interests, to comply with the rules.
The ultimate aim of this article is to analyse the role of the rising and already-existent region... more The ultimate aim of this article is to analyse the role of the rising and already-existent regional courts in adjudicating terrorism as it appears in the Public International Law against the wider framework of global counter-terrorism struggle, with a special focus on the emerging category of cybercrimes/cyberterrorism, all exceptionally challenging due to the absence of the universally-agreed legal definitions or agreement on the elements constituting either of these crimes. Applying comparative law, we proceed to assess whether and how different legal frameworks and traditions – such as civil law, common law, sharia law and socialist/communist law – affect judicial cooperation between territories and regional institutions. A distinction between the first-and second-generation institutions is also made, with the conclusion that the latter (as organizations focused on trade and economic issues) drive judicial cooperation more effectively due to their more neutral outlook and greater incentives for the member-states pursuing their national interests, to comply with the rules.
This article aims to critically examine the International Criminal Court, established in 2002 to ... more This article aims to critically examine the International Criminal Court, established in 2002 to complement domestic jurisdiction in prosecuting the gravest crimes (was crimes, crimes against humanity, genocide, and – most recently – crimes of aggression), in a multidimensional manner, assessing its place in relation to public international law, international criminal law and international human rights law.
Simultaneously, it will problematize compatibility of the Rome Statute, the Court’s founding treaty, with national jurisdictions of both Member and Nonmember states to the ICC, and raise questions about the dynamics between the institution and the UN Security Council, which plays a crucial supranational role in the process of initiating and authorizing prosecutions of crimes committed on the territories, or by the nationals of Non-member countries.
In the light of the recent crisis the ICC suffered in the form of African demarche (with South Africa, Gambia and Burundi declared their pull-out in November 2016), followed closely by Russia’s signature withdrawal, and Kenyan, Ugandan and Filipino authorities expressing their significantly undermined trust in the judicial institution, the need to reflect on the relevance and feasibility of the initial hopes put in the Rome Statute comes particularly acute, as the international community is puzzled by the controversial question of how to improve the Court while managing to attract as many states (with often mutually exclusive viewpoints on the principles of international law) to sign the Statute.
Conference Presentations by Olesya Dovgalyuk
This paper looks beyond the negative response to the reversal of Globalization. I highlight the i... more This paper looks beyond the negative response to the reversal of Globalization. I highlight the intercultural clash between the values imposed through the uneven process of West-led Globalization and Islamic and (Confucian-)Socialist traditions in the Middle-East and East-Asia regions. Further alliance formation (example: Security Council P5 blocs on the situation in Syria) as a " symptom " of the 2 polarisation in a post-hegemonic multiplex system necessitates cultural diplomacy for better-coordinated collective action, and coherent mechanisms of prevention and prosecution for international terrorism, while carefully considering implications of the growing cyberspace in this issue. Reflecting on the future, I defend the possibility of creative fragmentation, illustrating it with South-South (specifically, China-Africa) cooperation in education, trade etc. Studying these phenomena holistically to harmonise the inevitable multidimensional fracturing to provide " good enough " global governance in a divided yet interdependent world is ultimately considered the goal of politics.
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Papers by Olesya Dovgalyuk
Simultaneously, it will problematize compatibility of the Rome Statute, the Court’s founding treaty, with national jurisdictions of both Member and Nonmember states to the ICC, and raise questions about the dynamics between the institution and the UN Security Council, which plays a crucial supranational role in the process of initiating and authorizing prosecutions of crimes committed on the territories, or by the nationals of Non-member countries.
In the light of the recent crisis the ICC suffered in the form of African demarche (with South Africa, Gambia and Burundi declared their pull-out in November 2016), followed closely by Russia’s signature withdrawal, and Kenyan, Ugandan and Filipino authorities expressing their significantly undermined trust in the judicial institution, the need to reflect on the relevance and feasibility of the initial hopes put in the Rome Statute comes particularly acute, as the international community is puzzled by the controversial question of how to improve the Court while managing to attract as many states (with often mutually exclusive viewpoints on the principles of international law) to sign the Statute.
Conference Presentations by Olesya Dovgalyuk
Simultaneously, it will problematize compatibility of the Rome Statute, the Court’s founding treaty, with national jurisdictions of both Member and Nonmember states to the ICC, and raise questions about the dynamics between the institution and the UN Security Council, which plays a crucial supranational role in the process of initiating and authorizing prosecutions of crimes committed on the territories, or by the nationals of Non-member countries.
In the light of the recent crisis the ICC suffered in the form of African demarche (with South Africa, Gambia and Burundi declared their pull-out in November 2016), followed closely by Russia’s signature withdrawal, and Kenyan, Ugandan and Filipino authorities expressing their significantly undermined trust in the judicial institution, the need to reflect on the relevance and feasibility of the initial hopes put in the Rome Statute comes particularly acute, as the international community is puzzled by the controversial question of how to improve the Court while managing to attract as many states (with often mutually exclusive viewpoints on the principles of international law) to sign the Statute.