Artwork
Painting International Law
Premier Exhibition: May 2023, HIAS - Hamburg Institute of Advanced Study
How to visualize international law?
Instead of words, international and environmental law expert Elvira Pushkareva chooses the canvas as a new medium to express her views and more than 20 years of professional experience in this field. Through the artistic process, unexpected new impressions, reflections and insights about the law of international commons, the principle of non-violent conflict, international environmental law and human rights emerge.
The exhibition presents for the first time 16 artworks by Elvira Pushkareva, inspired by exchanges with her co-fellows at HIAS and created here.
In a world of the digital, visualization and haptics can help make the complex set of rules more accessible and create awareness among a wider audience.
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Acrylic on canvas, 80 x 80 cm, 2023
The EU Charter of Fundamental Rights upholds the freedom of the arts and scientific research from any limitations and requires that academic freedom be respected.
The EU Charter of Fundamental Rights enshrines the principles of academic freedom and unrestricted scientific research as well as the freedom of the arts, acknowledging their essential role in promoting progress and creativity. Similarly, the International Covenant on Economic, Social and Cultural Rights recognizes the importance of respecting the freedom necessary for scientific research and creative activity, emphasizing the responsibility of States Parties to uphold these values. By safeguarding these freedoms, we can foster an environment where innovation and critical thinking can flourish, ultimately benefiting society as a whole.
Example: Greece abolished the “blasphemy” law in 2019 after human rights groups campaigned against its use to persecute individuals for portraying or mocking the Orthodox religion in art or social media; previously, artists had been tried for blasphemy for displaying Christian-themed cartoons in a private gallery, and the owner, who was a co-defendant, was eventually acquitted.
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Acrylic on canvas, 80 x 80 cm, 2023.
The International Covenant on Civil and Political Rights states that all individuals have the right to freedom and security, and must not be subjected to any form of slavery or forced labour.
All individuals possess the fundamental right to freedom and protection from unlawful detention. The law may only restrict an individual’s liberty under lawful grounds and in compliance with established procedures. Additionally, slavery and all forms of human trafficking are prohibited by law under the International Covenant on Civil and Political Rights, ensuring that no person is forced into servitude or exploitation.
Example: According to the Special Rapporteur to the UN General Assembly Third Committee in 2018, modern forms of slavery effect over 40 million people worldwide, with 71% of them being women and girls. This appalling situation is further compounded by gender inequality, poverty, cultural norms, and discriminatory laws, all of which urgently require change to protect human rights.
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Acrylic on canvas, 80 x 80 cm, 2023.
Meaningful participation of Indigenous Peoples in decisions regarding their land and natural resources necessitates more than just consultation; it requires the community’s Free, Prior, and Informed Consent.
The rights of Indigenous Peoples are protected by a principle known as free, prior, and informed consent (FPIC), which has been developed and adopted by several treaty supervisory bodies. FPIC is defined as ensuring that consent is given freely, without coercion or manipulation, sought sufficiently in advance, and that individuals are provided with comprehensive information on the project’s purpose, duration, areas affected, and potential impacts and risks. The UN Human Rights Committee has emphasized the importance of effective Indigenous Peoples’ participation, which requires more than mere consultation; it necessitates obtaining the FPIC of the community. Similarly, the UN Committee on Economic, Social and Cultural Rights has recommended that Colombia establish clear legislation that guarantees the right to FPIC, with the participation of Indigenous Peoples in its development.
The international financial institutions, including the World Bank, require borrowing countries to obtain FPIC from the affected Indigenous Peoples if the proposed project can potentially have negative impacts on traditional land and resources.
Example: Bolivia Santa Cruz Road Corridor Connector Project
In 2022, the leaders of four Indigenous Peoples in Bolivia known as “Centrales Chiquitanos” submitted a Request to the World Bank Inspection Panel. Among other claims, they allege that despite the finalization of an updated Indigenous People Plan, most of the measures have not been implemented, despite the ongoing road construction. This should be a clear-cut case since the World Bank’s new policies state that if they cannot confirm the Free, Prior and Informed Consent of affected Indigenous Peoples, the relevant aspect of the project will not be further processed. For example, the project can be cancelled, as it happened with the 2015 Uganda Transport Sector Development Project, when the World Bank announced the cancelation of funding due to due to contractual breaches related to inter alia, social and environmental concerns.
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Acrylic on canvas, 80 x 80 cm, 2023.
Every individual is entitled to live in a clean, healthy and sustainable environment, as recognized by the UN General Assembly in its 2022 Resolution.
The year 2022 marked a significant milestone in the protection of human rights when the United Nations General Assembly declared that every person on the planet has the fundamental right to a clean, healthy, and sustainable environment. This right can only be realized through the full implementation of multilateral environmental agreements in accordance with the principles of international environmental law. While this resolution is not legally binding on the 193 UN Member States, it is expected to catalyse a ripple effect, encouraging countries to integrate the right to a healthy environment into their national constitutions and regional treaties and motivating states to implement practical measures to protect this right.
Example: The UN Human Rights Committee’s General Comment No. 36 on the Right to Life (2018) states that environmental degradation, climate change, and unsustainable development are serious threats to the right to life. States parties have an obligation to ensure and respect this right, which should inform their obligations under international environmental law.
Portillo Cáceres v. Paraguay (2019)
The UN Human Rights Committee made a groundbreaking ruling regarding the responsibility of states to safeguard individuals from environmental damage. The case was brought by a Paraguayan farming family, who claimed that the use of agrotoxins by nearby agribusinesses led to the death of their relative and affected the health of other locals. The Committee found the state responsible for failing to enforce environmental regulations, resulting in violations of the family’s right to life, privacy, and an effective remedy.
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Acrylic on canvas, 80 x 80 cm, 2023
Everyone has the fundamental right to life, as stated in the International Covenant on Civil and Political Rights.
The International Covenant on Civil and Political Rights states that every human being has the inherent right to life, which must be protected by law, and that no one should be deprived of their life arbitrarily.
Public authorities are responsible for safeguarding this right by enacting laws to protect individuals and taking measures to protect them when their life is at risk. They must also consider an individual’s right to life when making decisions that could potentially endanger them or impact their life expectancy. According to the European Court of Human Rights (e.g. Ocalan v. Turkey), right to life has been amended so as to prohibit the death penalty in all circumstances.
Example: In the case of Opuz v. Turkey (2009), the European Court of Human Rights found that the violence suffered by the applicant and her mother was a form of discrimination against women, and their lives are in danger. The Court criticized the lack of response by the Turkish judicial system to domestic violence, which disproportionately affects women, and the fact that the aggressors often went unpunished.
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Acrylic on canvas, 80 x 80 cm, 2023
New rights will emerge as a result of developing the principles of intergenerational equity and justice, as well as the further cognition of freedoms.
Over the last few decades, an international system for the protection of human rights has been developed. This system includes international human rights law, which outlines the obligations of governments to uphold and safeguard the fundamental freedoms and rights of individuals and groups. The United Nations has identified various human rights, such as civil, cultural, economic, political, and social rights, and has created mechanisms to support and protect them, while also helping states meet their responsibilities.
However, new challenges and perspectives related to the enjoyment of human rights are emerging, leading to the development of new rights that require the support and protection of the international community and national governments. These new rights will be derived inter alia through the development of the principles of intergenerational and gender equity and justice, as well as new insights and cognition of freedoms, e.g. cultural freedoms, freedom of the arts and sciences.
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Acrylic on canvas, 100 x 140 cm, 2022.
The global commons are areas accessible to all nations under shared governance. To promote peaceful management of these areas, such as the Antarctic and outer space, it is essential for the international community to continue working together.
Global commons refer to the areas of the planet that are not under any country’s jurisdiction and are accessible to all nations under the principle of common governance. Examples of global commons include the High Seas and the International Seabed Area, the Antarctic, and the Outer Space, which are recognized as such by international law.
The agreements governing global commons are considered one of the most significant achievements of humanity in terms of international cooperation. The 1959 Antarctic Treaty, for instance, states that “Antarctica is a continent shared by all of humanity, where peace, environmental protection, and scientific research are paramount.” Similarly, the 1967 Outer Space Treaty includes key provisions such as prohibiting nuclear weapons in space, limiting the use of celestial bodies to peaceful purposes, and preventing any country from claiming sovereignty over outer space or any celestial body.
To ensure the peaceful governance of global commons, the international community must continue to work together. The principles of nature-based solutions and the precautionary principle should form the basis of global commons’ governance, along with UN principles of cooperation such as scientific collaboration and information and technology sharing.
Example: The International Space Station (ISS), the largest modular space station in low Earth orbit, is a collaborative project involving five space agencies: the United States’ NASA, Russia’s Roscosmos, Japan’s JAXA, Europe’s ESA, and Canada’s CSA. The ownership and use of the space station is established by intergovernmental treaties and agreements. The ISS serves as a research laboratory for scientific research in fields such as astrobiology, astronomy, meteorology, and physics, with 70 expeditions, mostly comprising international crews, having taken place from 2001 to 2022.
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Acrylic on canvas, 100 x 140 cm, 2022.
The principle of cooperation should serve as the foundation of international relations, as creating a secure life for a single nation is impossible. Climate change and global environmental problems are prime examples of this.
The Charter of the United Nations is a significant document that laid the foundation for the establishment of the United Nations. Created after the devastation of World War II, its purpose was to maintain international peace and security, protect human rights, and “to save succeeding generations from the scourge of war”. As a codification of the major principles of international relations, the UN Charter is based on the principle of cooperation, which states that nations should work together to solve economic, social, cultural, or humanitarian problems. In this context, international cooperation covers a range of fields, including humanitarian aid, development cooperation, and peace promotion.
The principle of cooperation is fundamental to major international agreements and goals such as the Sustainable Development Goals. When it comes to climate change, for instance, affluent nations provide support to less wealthy nations in order to help them adapt to the changing climate and mitigate further temperature increases. The World Bank, an international development organization owned by 187 countries, is another example of how this support is provided. The World Bank helps to reduce poverty by lending money to the governments of its poorer members to improve their economies and raise the standard of living for their people. Without organizations such as the World Bank, the poorest countries of the world would have little, if any, means of financing much-needed development projects.
Given that it is impossible to create a good life for one nation and its future generations alone, the principle of cooperation should form the basis of international relations. This is exemplified by the challenges posed by climate change and global environmental problems such as marine plastic pollution. Therefore, it is essential for nations to work together towards the common goal of a better future for all.
Example: In 2023, the United Nations plans to spend $51.5 billion to aid 230 million vulnerable people in nearly 70 countries, which is a 25% increase from the previous year. In addition, countries support each other on a bilateral basis. For example, Ukraine has received €144 billion support from the international community between January 24, 2022, and January 15, 2023.
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Acrylic on canvas, 100 x 140 cm, 2023.
The UN is made up of 193 sovereign states, making it the world’s largest intergovernmental organization. Nevertheless, the questioning of the UN’s independence by donors is a concerning issue that requires condemnation from the international community.
The United Nations was founded in the aftermath of World War II with the aim of preventing another catastrophic conflict. It currently stands as the world’s largest intergovernmental organization, comprised of 193 member states. The UN consists of several main bodies, including the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the UN Secretariat. Additionally, the UN System encompasses various funds, programs, and specialized agencies, such as UNEP (which focuses on protecting the environment), UNICEF (which provides aid to children worldwide), UNESCO (which fosters cooperation in education, arts, and sciences), UNDP (which promotes democratic governance and peacebuilding), and IMO (which deals with maritime issues), among others.
The UN Charter established the international character and independence of its civil servants and prohibits them from seeking or receiving instructions from any external authority. However, the UN frequently lacks sufficient funding to implement its goals, necessitating additional support. Unfortunately, some state donors have begun offering financial support under certain conditions, including the ability to choose which project goals to fund. This practice undermines the principle of independence and diminishes the UN’s authority. Although donors may offer extra support to UN country offices, they should not have the unilateral power to decide which goals take priority.
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Acrylic on canvas, 100 x 140 cm, 2022.
As per the UN Charter, states are required to settle their international disputes by peaceful means. Despite this, the system of justice has not been meaningfully improved by the international community to effectively address present-day challenges.
The UN Charter upholds the principle of peaceful resolution of international disputes, stating that states must “settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered”, and “in conformity with the principles of justice and international law”. Prior to the establishment of the UN in 1945, states had typically resorted to force and violence to resolve their disputes. However, with the UN’s creation, states agreed to “refrain in international relations from the threat or use of force”. Instead, they committed to utilizing peaceful means such as negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, and other methods to resolve conflicts.
As a result of this principle, states have been able to address disputes through both permanent courts (universal and regional) and temporary ad-hoc tribunals. The International Court of Justice was established as the “principal judicial organ of the United Nations”, and states agreed to abide by its decisions. However, there are still challenges to the system of justice, such as the fact that the jurisdiction of the International Court of Justice is limited by the will of a state. Nevertheless, there are instances where a state victim can protect its rights under certain conventions without the need for agreement from the state aggressor. For example, in 2022, Ukraine requested measures of protection from the International Court of Justice based on the Genocide Convention of 1948. In order to improve the system of justice, it is imperative that states expand the jurisdiction of the International Court of Justice, so that victims can seek justice without needing the agreement of the aggressor state.
Example: In 2022, Ukraine requested the International Court of Justice’s protection for its citizens under the Genocide Convention, arguing that Russia had falsely accused Luhansk and Donetsk of genocide to justify a military operation. The ICJ supported Ukraine’s position, ordering Russia to halt its military manoeuvres. However, Russia’s refusal to comply with the ruling laid bare the vulnerabilities of global legal enforcement.
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Acrylic on canvas, 100 x 140 cm, 2023.
The rules of war and humanitarian support are often overshadowed by the violence of armed conflict. Therefore, it is essential for states to prioritize the UN Charter principle of refraining from the use of force in all conflicts.
There exist various international agreements governing the conduct of hostilities, including prohibitions on the use of weapons of mass destruction such as nuclear, chemical, and biological weapons, as well as provisions for the protection of war victims, particularly civilians who are under the control of the enemy. Examples of these agreements include the 1899/1907 Hague Conventions and Regulations, the 1949 Geneva Conventions, and their 1977 Protocols. International courts and tribunals, such as the International Criminal Court and the International Criminal Tribunal for the former Yugoslavia, have been established to bring justice to victims of international crimes.
Additionally, humanitarian assistance is provided by the United Nations and other international organizations to save lives and protect individuals affected by armed conflicts, such as providing shelters for refugees. Nevertheless, the efficacy of these rules and support can quickly become lost in the heat of war.
The international community should further work towards the goal of total prohibition of armed conflicts. Mere “refraining” from the use of force falls short of achieving the comprehensive prohibition of armed conflicts.
Example: The Russian invasion of Ukraine violates basic principles of international law, e.g. Article 2(4)’s prohibition on the “use of force” against other states. As of January 2024, the United Nations Office of the High Commissioner for Human Rights (OHCHR) verified 29,731 civilian casualties in Ukraine, with 10,287 civilians killed and 19, 444 injured.
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Acrylic on canvas, 100 x 140 cm, 2023.
Global cooperation is necessary to address environmental challenges like climate change, natural disasters, biodiversity loss, and transboundary pollution. A binding international agreement is needed to replace the current fragmented approach.
In 1972, states began actively discussing international cooperation for environmental protection, and founded the United Nations Environment Programme (UNEP). The prevalence of transboundary environmental pollution and various environmental challenges, such as climate change, natural disasters, and biodiversity conservation, necessitate international cooperation and joint efforts.
Environmental protection has gained prominence within the framework of sustainable development. While environmental protection measures were previously viewed as obstacles to economic development, today, environmental principles are at the core of economic activity. For example, UN agencies and international financial institutions provide loans and support projects that align with environmental requirements, and the World Trade Organization considers environmental considerations in regulating trade.
However, international environmental rules are primarily soft-law, which are recommendations. To address this, international cooperation on environmental protection should follow the example of maritime cooperation, such as the UN Convention on the Law of the Sea of 1982. A binding international environmental agreement should replace the current fragmented approach.
Example: The United Nations Environment Assembly (UNEA) is UNEP’s governing body, with all 193 UN Member States as members. In 2022, UNEA called for the development of a plastic pollution treaty in response to the growing epidemic of plastic pollution, which sees at least 14 million tons of plastic end up in the ocean every year, making up 80% of all marine debris from surface waters to deep-sea.
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Acrylic on canvas, 100 x 140 cm, 2023
International law reflects the collective aspirations of the international community for a safer world, with universal conventions on environmental protection, disaster risk reduction, climate change, and scientific cooperation.
Creating and living in peace and cooperation is challenging, while destruction can be easy – even of the entire planet. International law is the product of the international community’s efforts to foster a secure and peaceful world. We must continue to develop transparent and equitable international agreements to maintain peace and security for ourselves and future generations. Increasing international cooperation on peace, security, and human rights is in our collective interest.
We have dreams that can be transformed into tangible goals: moving from refraining from using force to a complete refusal to use force in international relations; from reducing weapons of mass destruction to total disarmament, including success in implementing a ban on scientific research in this field. It is crucial that we devote more energy to developing and implementing universal conventions on environmental protection, disaster risk reduction and climate change, outer space and scientific cooperation based on principles of intergenerational equity and justice.
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Acrylic on canvas, 100 x 140 cm, 2022
The Law of the Sea governs the rights and responsibilities of nations in maritime environments, such as navigational rights and marine environmental protection. The United Nations Convention on the Law of the Sea serves as the primary framework for regulating international relations on maritime issues.
The Law of the Sea governs states’ rights and duties in maritime environments, such as navigational rights, sea mineral claims, and coastal waters jurisdiction. The 1982 United Nations Convention on the Law of the Sea is the “constitution of the oceans”, and regional conventions like the Convention on the Protection of the Marine Environment of the Baltic Sea have been developed. The International Maritime Organization regulates shipping, and the International Tribunal for the Law of the Sea is the permanent judicial body for dispute settlement.
The high seas and the international seabed area are based on the principle of the common heritage of mankind. Freedom of the high seas includes freedom of navigation and fishing. The Mining Code establishes a fair sharing system to share profits from mineral extraction with developing countries. With over 80% of oceans unexplored, states should increase marine scientific cooperation and use the precautionary principle in decision-making. For example, should mineral extraction in the Arctic continue after the consequences of the oil spill in the ice-free Gulf of Mexico?
Example: In the Land Reclamation Case (Malaysia v. Singapore), Malaysia argued that Singapore’s land reclamation activities around Pulau Tekong and Tuas were causing severe and permanent harm to the marine environment. The International Tribunal for the Law of the Sea ordered the parties to enhance information sharing and cooperation, and form a panel of impartial experts to examine the matter. As a result, the parties reached a resolution.
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Acrylic on canvas, 100 x 140 cm, 2023.
International law comprises regulations that govern the relationships among nations and states. Historically, it primarily governed international relations concerning diplomacy, armed conflicts, trade, and maritime matters.
International law is a set of rules and principles that govern the conduct of nations and states in their interactions with each other. Diplomacy, trade, armed conflicts, and maritime issues have been the main areas of international relations and regulations up to recently. Interestingly, some of the earliest known examples of international law can be found in ancient texts like the Law of Manu, which prohibited the use of poison weapons due to the unnecessary suffering they caused.
The League of Nations, established in 1922, was the first intergovernmental organization aimed at promoting cooperation among nations to solve common problems and provide support to affected states and people. While it ultimately failed to achieve its goal of maintaining international peace (the Second World War began in 1939), the League did have some successes, such as cooperation to attack slave traders, prevent malaria and leprosy, and set up refugee camps for Turkish refugees. The mistakes made by the League of Nations helped the international community avoid them in the future, leading to the creation of the United Nations. Many League of Nations bodies, such as the International Labour Organization, continued to function and eventually became affiliated with the UN.
Example: The League of Nations convinced most countries to eradicate slavery and halt the slave trade, establishing the right to be free as a fundamental human right. The League established a Temporary Slavery Commission in 1924 to study the existence of slavery worldwide, and in 1926, the Slavery Convention was developed. As a result, 200,000 slaves were freed in Africa and Burma.
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Acrylic on canvas, 100 x 140 cm, 2023.
The basis for modern international law was established by the UN Charter in 1945. However, despite progress, ongoing challenges such as armed conflicts highlight the instability of the international legal system. It is essential to make more efforts to ensure that future generations can also enjoy our beautiful planet.
Modern system of international law has been established since 1945, based on the UN Charter and its principles. The international law is primarily enshrined in treaties. By signing and ratifying an international treaty states per se voluntarily agree to comply with its obligations. If a state violates these agreements, it damages its standing in the international community, which leads to a loss of trust and cooperation from other nations.
Over the past 78 years, international law has made significant progress. New principles have been established, such as intergenerational justice and the common heritage of mankind. The international community has also developed new rules to govern global commons, including outer space and the Antarctic. A universal convention on the law of the sea has been adopted, and even non-signatory states like the United States have adhered to its principles. Sustainable development goals have also been created, promoting environmental protection and human rights. Efforts to disarm weapons of mass destruction, including nuclear, chemical, and biological weapons, have been ongoing, with NATO reducing its nuclear arsenal by over 90% since the Cold War.
However, the implementation of international agreements remains a weak point in the modern system of international law. Ongoing conflicts and failures in climate change and environmental protection demonstrate the fragility of the system. It is crucial to continue strengthening and upholding international law to ensure a sustainable and secure planet for future generations.
Example:
World Meteorological Organization: Disasters have surged fivefold in the past 50 years due to climate change and extreme weather, resulting in 11,000 incidents globally, over 2 million deaths, and $3.64 trillion in losses from 1970 to 2019. Weather, climate, and water hazards caused half of all disasters, 45% of deaths, and 74% of economic losses.
Spotlight
Elvira Pushkareva talks with Iris Wenderholm of HIAS, discussing the vision behind this series of works