Editorial
Editorial
CURRENT ISSUES IN ACCESS TO JUSTICE:
AN INTRODUCTION TO GLOBAL AND REGIONAL PERSPECTIVES
Iryna Izarova
I am pleased to present the third issue of our journal, dedicated to the most pressing issues of human rights protection, judicial system reforms, and digital justice.
At a time when the architecture of international law and the foundations of national legal systems are facing unprecedented challenges, our journal's mission—to facilitate professional discourse and seek solutions for ensuring access to justice—is more important than ever. This issue continues our tradition by offering a deep analysis of both urgent problems caused by geopolitical crises and significant trends in the development of procedural law.
The central theme of the first block of publications is a profound and multifaceted analysis of the impact of armed conflicts, state aggression, and terrorism on international law and human rights. We highly recommend paying attention to the following works:
The article by Nataliia Radanovych and Svitlana Synchuk, "The Value of Human Security and Legal Means of Its Realization in the Context of the Armed Aggression of the Russian Federation Against Ukraine," is a foundational study that analyzes the concept of human security as a legal value during a full-scale war. The authors examine how this doctrine is transforming and being implemented in Ukraine's national legislation and constitutional justice practice, making it highly relevant for understanding contemporary mechanisms of human rights protection.
The study by Alaa Eddin Zolfakar, "Right of Victims of Terrorism to Compensation Against the Principle of Jurisdictional Immunity of Foreign State," raises one of the most complex issues in modern international law: the possibility of holding states accountable for acts of terrorism despite the principle of jurisdictional immunity. The analysis of legislative exceptions in the U.S., Canada, and other jurisdictions makes this a must-read for international lawyers working on compensation for victims of aggression.
This block of articles is complemented by the provocative study by awaz Najem and Abdelnaser Aljahani, "The Legality of Espionage in Peacetime." The authors analyze espionage at the intersection of state sovereignty, the right to privacy, and international law. This work forces a new perspective on the "gray zones" in relations between states and their impact on the legal order.
As always, among the articles published in this issue, we are proud to present several dedicated to topical issues of procedural law, particularly arbitration and the digitalization of justice. These materials hold exceptional practical and theoretical value for our audience:
The work by Azamat Nurtan and Maigul Abilova, "Enforcement of Foreign Arbitral Awards in Kazakhstan: A Comparative Legal Analysis of European and Asian Mechanisms,"is of significant interest to practicing lawyers and scholars specializing in international arbitration. Their comparative analysis of arbitration award enforcement mechanisms in Kazakhstan against the backdrop of European and Asian practices offers valuable insights for developing regional arbitration infrastructure.
In the article, "Procedural Rules for Smart Trials in the UAE: Aspirations and Reality," Adel Salem Allouziexplores the innovative topic of "smart trials." His analysis of the conceptual foundations and operational framework of digital justice in the UAE invites a discussion about the future of the judiciary, its advantages, and the challenges of transitioning to a digital format.
Finally, the profound comparative study by Tarek Gomaa EL-Sayed Rashed, Ahmed Youssef Al-Emadi, and Samir Shaaban Saleh, "Arbitration Without Agreement Under the ICSID Rules: A Comparative Study with Egyptian and Qatari Legal Systems," examines the complex doctrine of ICSID jurisdiction in the absence of a direct arbitration agreement. This article is indispensable for specialists in international investment law.
We are convinced that the research presented in this issue will be a source of new ideas and stimulate further academic discussions. We wish you a productive and inspiring read!
In addition, we are pleased to share with you an important strategic announcement that marks a new stage in our journal's development.
The journal, Access to Justice in Eastern Europe (AJEE), was founded in 2018 with the goal of creating a unique platform for highlighting and discussing the regional specificities of ensuring access to justice. Our mission was to provide a forum for scholars to share research on judicial system and civil procedure reforms in Eastern European countries like Ukraine, Poland, and Romania, among others.
We chose this focus due to the unique blend of the post-Soviet legal doctrine legacy, the influence of Western law, and the legislative approximation to EU law. This specific context created an exceptional model of development that required dedicated scholarly attention. Over the years, numerous studies on European integration and judicial reforms in this context have affirmed the correctness of our chosen direction.
However, in recent years, we have observed a growing global interest in access to justice, regardless of country or region. The pursuit of a fair trial and effective protection of human rights are recognized as universal values, confirmed by key international documents such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention on the Rights of the Child. The fact that the majority of the world's countries are parties to these treaties makes their principles the foundation for ensuring unified approaches to human rights on a global scale.
We are seeing a significant increase in the number of high-quality studies on access to justice and rights protection from various parts of the world. Comparative studies have become especially valuable as they allow us to identify the strengths and weaknesses of popular approaches within different legal systems. This has been made possible by contributions from authors in Europe and Asia, including Saudi Arabia, the United Arab Emirates, Kazakhstan, and Vietnam. Their publications are particularly important because they demonstrate a valuable combination of different legal and religious-cultural traditions, which contributes to a deeper understanding of rights protection mechanisms. Legal systems and historical traditions in our respective regions may differ significantly, but it is in this diversity that the greatest value lies—we learn from each other, broaden our perspectives, and cultivate respect for different viewpoints. Combining these various approaches helps us better understand the challenges and find effective solutions for ensuring access to justice on a global scale.
In building a global audience and expanding our circle of authors, we do not want to lose the unique identity of AJEE. Therefore, a logical and strategic step is to create an "Access to Justice" family of journals. In this structure, AJEE will retain its original focus on Eastern Europe, while new publications will be added: Access to Justice in the Middle East (AJME) and Access to Justice: Global Edition (AJGE). These three journals, working together, will facilitate the dissemination of new knowledge and research, covering a wider geographical scope.
We are pleased with the growing number of experts from around the world among our authors, reviewers, and editorial board members. Thanks to their efforts, we have been able to ensure an effective publication process and high-quality evaluation of submissions. With our entire dedicated team, we are ready to contribute to the development and dissemination of research on access to justice and are happy to welcome the further expansion of our journals' scope.