December 31, 2025
Editorial…………i
ARTICLES
Legal Challenges and Constraints on Military Exploitation by Third States in Exclusive Economic Zones under the Law of the Sea
Sobhan Tayebi…………….1–19
Abstract: The exclusive economic zone is recognized as one of the seven maritime zones under the Law of the Sea. It establishes specific conditions for exploitation under the jurisdiction of coastal states. Consequently, the Convention on the Law of the Sea delineates the rights of both coastal states and third states regarding exploitation. However, the Convention lacks a clear framework for military exploitation, leading to divergent interpretations among states. Although Article 58 of the Convention on the Law of the Sea addresses the passage of ships, it remains unclear how military exploitation by non-coastal states is regulated in this zone. In this context, maritime diplomacy plays a crucial role in fostering bilateral or multilateral cooperation for military exploitation in this maritime zone, preventing disputes, and resolving conflicts arising from such activities. The findings of this study suggest that the Convention on the Law of the Sea prohibits military activities in the exclusive economic zone due to their non-peaceful nature and their harmful effects on the marine environment. If third states fail to adequately respect the rights and interests of coastal states, appropriate restrictions should be imposed.
How to cite (OSCOLA): Sobhan Tayebi, ‘Legal Challenges and Constraints on Military Exploitation by Third States in Exclusive Economic Zones under the Law of the Sea’ (2025) Issue III BAU Cyprus Law Journal 1.
The Limits of International Legal Frameworks in Modern Warfare: The Russia-Ukraine Conflict and the Crisis of Enforcement
Nguyen Thi Ngoc Mai…………….20–50
Abstract: The resurgence of state-led aggression and hybrid warfare tactics in the Russia–Ukraine conflict has exposed critical weaknesses in the international legal system. This study investigates how current legal frameworks have failed to prevent unlawful uses of force and to ensure accountability for international crimes, particularly in asymmetric modern conflicts. The analysis adopts a doctrinal legal research approach, examining key instruments including the UN Charter, the Rome Statute, the Geneva Conventions, and relevant treaties. It evaluates structural limitations through case studies, legal principles, and enforcement gaps, especially in relation to the UN Security Council, the ICC, and non-state actors. Findings reveal systemic deficiencies in enforcement, the ineffectiveness of non-binding security guarantees, and the exploitation of legal ambiguities in cyber warfare, disinformation, and the use of private military contractors. These failures result in impunity for high-ranking perpetrators and undermine the authority of international law. The Russia–Ukraine war exemplifies a legal system that is normatively ambitious but operationally constrained. Urgent reform is necessary to strengthen enforcement mechanisms, clarify legal responsibilities in modern warfare, and shield judicial accountability from geopolitical interference.
How to cite (OSCOLA): Nguyen Thi Ngoc Mai, ‘The Limits of International Legal Frameworks in Modern Warfare: The Russia-Ukraine Conflict and the Crisis of Enforcement’ (2025) Issue III BAU Cyprus Law Journal 20.
Migrant Workers’ Rights in the Democratic Republic of Congo: Barriers to Legal Access
Priscille Mabwa Mbongo…………….51–63
Abstract: This paper investigates the legal and institutional obstacles that restrict migrant workers’ access to their rights in the Democratic Republic of Congo (DRC). It emphasises the intricate administrative processes, language barriers, and exploitative recruitment methods, showing how outdated legislation, bureaucratic opacity, and insufficient institutional coordination weaken legal protections. Employing a qualitative interdisciplinary methodology, the analysis juxtaposes domestic labour and immigration regulations with international and regional commitments, uncovering notable gaps in implementation. Furthermore, it assesses the functions of state institutions and international organisations in the governance of migration. The paper concludes by proposing specific legal and institutional reforms aimed at modernising administrative processes, enhancing regulatory oversight, improving multilingual communication, and aligning national practices with international standards to foster equitable labour governance. It contributes to debates on migration governance in Sub-Saharan Africa by highlighting the implementation gap between international commitments and domestic legal practice in the DRC.
How to cite (OSCOLA): Priscille Mabwa Mbongo, ‘Migrant Workers’ Rights in the Democratic Republic of Congo: Barriers to Legal Access’ (2025) Issue III BAU Cyprus Law Journal 51.
Exploring the Transferability of Sentenced Persons Across Varying Legal Instruments
Anton Tonev Girginov…………….64–84
Abstract: This article analyzes the international transfer of sentenced persons (also called prisoners, inmates or convicts), a distinct form of international judicial cooperation in criminal matters. The procedure appears straightforward at first, as it requires the prior consent of three parties: the sentencing country, the country of the person’s nationality that may receive the individual, and the individual himself. However, practical contradictions frequently arise. Notable challenges include the possibility of the receiving country granting pardons to the transferee and the question of how time already served abroad, either in the sentencing country or in a third country before surrender, should be deducted.
The article addresses these and other contentious issues, such as the applicability of the speciality rule, in the context of transfers. The findings aim to strengthen the capacity of countries to implement this comparatively underutilized mechanism of judicial cooperation. Particular attention is given to the divergent approaches between European and non-European legal systems regarding pardons: European systems generally permit pardoning by the receiving countries, whereas non-European systems tend to exclude it. The article also examines prior detentions abroad and their deductability from punishments to be served in different receiving countries.
How to cite (OSCOLA): Anton Tonev Girginov, ‘Exploring the Transferability of Sentenced Persons Across Varying Legal Instruments’ (2025) Issue III BAU Cyprus Law Journal 64.
Constitutional Environmentalism and the Common Good in Uganda
Gaudius Turyasingura…………….85–108
Abstract: This article qualitatively examines the evolution and implementation of constitutional environmentalism in Uganda, assessing the extent to which the Constitution embeds environmental rights and duties as foundations of the common good. It argues that robust constitutional environmentalism provides a strong normative and legal basis for advancing climate justice, yet its impact is constrained by structural, institutional, and socio-political barriers that limit effective enforcement. The article further contends that achieving meaningful climate resilience requires judicial innovation, strengthened institutions, enhanced environmental democracy, and harmonisation of domestic frameworks with international climate obligations. In doing so, it contributes to ongoing scholarly debates on the intersection between human rights, environmental governance, and climate change.
How to cite (OSCOLA): Gaudius Turyasingura, ‘Constitutional Environmentalism and the Common Good in Uganda’ (2025) Issue III BAU Cyprus Law Journal 85.
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