International courts
Reference:
Afkhazava D.G. —
International Court of Justice and the threat of use of force
// International Law and International Organizations.
– 2020. – № 3.
– P. 1 - 20.
DOI: 10.7256/2454-0633.2020.3.32505 URL: https://en. nbpublish.com/library_read_article.php?id=32505
Read the article
Review:
The subject of this research is the threat of use of force in the practice of interpretation of the International Court of Justice (ICJ). Special attention is paid to the analysis of formulations of court rulings regarding violations of the principle of non-use of force and threat of use of force. The practice of the ICJ on interpretation of the threat of use of force is directly tied to the practice of the Court on interpretation of the concept of use of force. The research explores rulings on interpretation of the threat of use of force in international law, dissenting opinions of judges, as well as position and arguments of sides. The work reflects the context of circumstances that served as the basis for Court’s decisions. In author’s opinion, major role is played by the circumstances contributing to the Court’s identification and interpretation of international law pertaining to the threat of use. This is first research within Russian doctrine dedicated to practice of interpretation of the threat of use of force in international law by the International Court of Justice. The conclusions reflected in this article allow fully formulate the Court’s stance on the threat of use of force.
Keywords:
Nicaragua, UN Charter, Corfu channel, international Court of Justice, threat of use of force, cold war, Intervention, nuclear weapon, United Kingdom, Retail
References (transliterated):
Richard Tuck, The Rights of War and Peace: Political Thought and the International Order from Grotius to Kant (1999).
Richard A. Falk, «Nuclear Weapons, International Law and the World Court: A Historic Encounter’, The American Journal of International Law Vol. 91, No. 1 (Jan., 1997), S. 64-75
Malaysia, Written Statement (19 Jun. 1995), S. 20; Indonesia, Verbatim Record, CR/95/25 (3 Nov. 1995), sek. 18, 24; Qatar, Verbatim Records, CR/95/29 (10 Nov. 1995), sek. 27. https://www.icj-cij.org/en/case/95 (data obrashcheniya 20.02.2020)
Zapros konsul'tativnogo zaklyucheniya Mezhdunarodnogo Suda otnositel'no zakonnosti ugrozy yadernym oruzhiem ili ego primeneniya A/RES/49/75K (15 Dec. 1994). https://undocs.org/ru/A/RES/49/75 (data obrashcheniya 20.02.2020)
Ved. P. Nanda and David Krieger. Nuclear Weapons and the World Court. Ardsley, NY: Transnational Publishers, 1998
United Nations Juridical Yearbook 1994 UNYB 158
France, Verbatim Record, CR/95/23 (1 Nov. 1995), sek. 64; Solomon Islands, Verbatim Record, CR/
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Teymurov E., Kozheurov Y.S. —
Organizational-legal models of international scientific and technical cooperation on the creation and utilization of global research infrastructure in the nuclear sphere
// International Law and International Organizations.
– 2020. – № 3.
– P. 21 - 36.
DOI: 10.7256/2454-0633.2020.3.33961 URL: https://en. nbpublish.com/library_read_article.php?id=33961
Read the article
Review:
Legal science is facing the relevant task of studying the existing legal forms and models of international scientific and technical cooperation on creation and utilization of global research infrastructure in the nuclear sphere, as well as determining their flaws and merits, capacity of implementation and adjustment to the “mega-science” projects in the Russian Federation. The key factors in determining legal aspects of creation and utilization of the global research infrastructure are the following: organizational-legal framework (establishment of an independent subject or usage of the already existing “umbrella” legal structures), and which legal tools are applied and to which law this activity is subordinated. The organizational-legal model of the international scientific and technical cooperation with existing intergovernmental organization of the framework type or legal entities, as well as by means of instituting of special subjects, can be schematically described as the four-level system. The advantage of using the umbrella-type models in nuclear sphere consists in availability of most of its tools and mechanisms, which require just the adjustment to the specific projects, and the possibility of implementation of a substantial number of projects. If there is a need for ensuring partnership on a shared basis, financial responsibilities, and the dependent on them management structure, the appropriate form is the creation of a special subject of project type. Based on the “legal environment”, the use of international intergovernmental organization implies certain immunities and privileges, removal from the jurisdiction of the accepting country, etc. It is important that in the modern conditions it is more difficult to subordinate the international intergovernmental organizations to the politically motivated unilateral restrictive measures (“sanctions”). Although, the use of the construct of legal entity can ensure better efficiency, flexibility, and managerial inexpensiveness of the process, especially as the also can qualify for the exceptions to national law. Most successful seems the development of a special organizational legal form mentioned in the draft Federal Law “On scientific, Scientific-and Technical, and Innovation Activity in the Russian Federation”, which would be an international research organization.
Keywords:
research infrastructure consortia, Megascience class facilities, global research infrastructure, institutional model, international cooperation, scientific and technical cooperation, international research organization, nuclear research, JINR, CERN
References (transliterated):
ID proekta 04/13/03-18/00079415. Versiya ot 28 marta 2018 g. // Federal'nyy portal proektov normativnykh pravovykh aktov. [Elektronnyy resurs] – Rezhim dostupa: https://regulation.gov.ru/projects/List/AdvancedSearch#npa=69845.
Chetverikov A.O. Organizatsionno-pravovye formy bol'shoy nauki (megasayens) v usloviyakh mezhdunarodnoy integratsii: sravnitel'noe issledovanie. Chast' II. Pravovye aspekty funktsionirovaniya megasayens v forme transnatsional'nykh i nadnatsional'nykh yuridicheskikh lits, mezhdunarodnykh konsortsiumov bez statusa yuridicheskogo litsa, evropeyskikh konsortsiumov issledovatel'skoy infrastruktury. Dostoinstva i nedostatki raznykh organizatsionno-pravovykh form megasayens. Perspektivy Rossii i Evraziyskogo ekonomicheskogo soyuza // Yuridicheskaya nauka. – 2018. – № 2. – S. 34-50.
Mezhdunarodnyy tsentr neytronnykh issledovaniy. [Elektronnyy resurs] – Rezhim dostupa: http://www.pnpi.spb.ru/images/ustanovki/pik/pik_inter.pdf.
Ofitsial'nyy sayt proekta Evropeyskogo rasshcheplyaemogo istochnika. [Elektronnyy resurs] – Rezhim dostupa: h
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Shugurov M.V., Shugurova I.V. —
Scientific and educational integration of the EAEU as a factor of technological modernization: legal and organizational questions
// International Law and International Organizations.
– 2020. – № 3.
– P. 37 - 68.
DOI: 10.7256/2454-0633.2020.3.34167 URL: https://en. nbpublish.com/library_read_article.php?id=34167
Read the article
Review:
The subject of this article is the state and prospects of integration of the EAEU member-states in the scientific and educational sphere, as well as the level of its curriculum-strategic, organizational and legal support. The authors gradually explore the problematic of professional competences in the conditions of transition to Industry 4.0, including the competencies of scientific and technical staff, the formation of which is currently shifting onto the center of scientific and technological cooperation. Special attention is given to the analysis of the dimension of compliance of national legislations of the EAEU member-states in the area of legal regulation of their international cooperation with regards to of education and science. Special examination was conducted on the state of institutional support of the scientific and educational integration. The novelty of this work consists in the conceptual substantiation of scientific and educational integration as fundamental aspect of scientific and technological integration, which is aimed at ensuring technological modernization of the economy. The authors address the key issues of the objective agenda of scientific and educational integration, as well as substantiate the need for establishment of the shared space for EAEU member-states in the area of science, education, technology and innovations. The main conclusion lies in the statement that successful cooperation between the EAEU member-states in the indicated sphere suggests not only the development of the institutional framework, but also the need for development of EAEU legislation in the area of scientific and educational cooperation, which is possible only in case of inclusion of scientific and educational questions into the integration agenda. This may find reflection in elaboration of the specific framework for strategic regulation, as well as in inclusion of the corresponding provisions Into the Treaty on Eurasian Economic Union, which can be extended to the special Protocol or a separate international agreement. All of the listed above is directly or reversely related to alignment of national policies of the member-states and harmonization of national legislations.
Keywords:
global megatrends, education, digital agenda, scientific-technological integration, digital transformations, Fourth industrial revolution, integrative processes, harmonization, Eurasian economic commission, innovation
References (transliterated):
O Delovom sovete EAES. URL: http://www.eurasiancommission.org/ru/Pages/about_del_sov.aspx (data obra-shcheniya: 17.08.2020).
Artamonova Yu.D., Demchuk A.L., Karneev A.N., Safonova V.V. Sovremennye strategii razvitiya nauki i podgotovki nauchnykh kadrov: mezhdunarodnyy opyt // Vysshee obrazovanie v Rossii. 2018. № 4. 135–148.
Evraziyskiy setevoy finansovyy institut. URL: https://fin-academy.kz/academy/network-financial-institute/ (data obrashcheniya: 13.08.2020).
Rossiysko-Kyrgyzskiy konsortsium tekhnicheskikh vuzov. URL: https://studyabroad.mpei.ru/rus/RKKTU/Pages/default.aspx (data obrashcheniya: 14.08.2020).
WorldSkills Eurasia. URL: https://worldskills.ru/media-czentr/novosti/worldskills-eurasia-%E2%80%93-unstryment-ekonomucheskogo-rosta-cherez-razvutue-kompetencui.html (data obrashcheniya: 14.08.2020).
Kudryashova E.V., Nenasheva M.V., Saburov A.A. Setevoe vzaimodeystvie vuzov v kontekste razvitiya rossiyskoy Arktiki // Vysshee obrazovanie v Rossii. 2020. T. 29. № 7. S. 105–113.
Memorandum o vzaimoponimanii po sozd
International organizations and peaceful resolution of disputes
Reference:
Brambila Martinez F. —
The role of international organizations, transnational governance, metrics and quality indicators of government activity within the framework of global governance
// International Law and International Organizations.
– 2020. – № 3.
– P. 69 - 74.
DOI: 10.7256/2454-0633.2020.3.34095 URL: https://en. nbpublish.com/library_read_article.php?id=34095
Read the article
Review:
This article reviews the current role and mechanisms of international organizations with regards to assessing the quality of global governance. The subject of this research is the measurement and indicators of state participation in elaboration and implementation of transnational governance. The goal consists in examination of the concept of governance through the prism of Fukuyama-Manning Theory. Globalization is viewed in economic and political dimension for the purpose of determining the need to create transnational administrative frameworks. The results of global governance in the form of measurement and quality indicators of state administration are analyzed in correlative links between the production and demand of political indicators, their nature and practical advantages. The assessment of subjects engaged in the development process exemplifies of the crucial indicators of governance. In order to achieve the set research goal, the author explores the existing hypothesis on the role of international organizations within the global governance system for the purpose of determination the prospects of transnational governance. The detailed theoretical and practical approach towards measurement and metrics of state administration is was conducted by means of qualitative analysis that allowed determining the prospects of the standardized system. In conclusion, the author underlines the equal importance of governance, globalization and state policy in achievement of functional structure of global governance. This article represents a conceptual framework for supporting examination and elaboration of the systems for assessing the efficiency of activity of the governments essential for ensuring successful intergovernmental cooperation in globalization era.
Keywords:
Government Performance, Public Policy, Transnational Administration, Metrics of Government, Global Governance, International Organizations, Globalization, Political Dimension, Multidimensional Actors, Global processes
References (transliterated):
Abbott K. W. International organisations and international regulatory co-operation: Exploring the links. In OECD (Ed.), International Regulatory Co-operation and International Organisations: The Cases of the OECD and the IMO, OECD, Paris, 2014-17-44 pp.
Bernstein S., Cashore B. Can non-state global governance be legitimate? An analytical framework. Regulation & Governance, 1, 2007-347-371 pp.
Coleman W. D. Governance and global public policy, Oxford University Press, 2012 – 673-685 pp.
Peck J. Global policy models, globalizing poverty management: International convergence of fast-policy integration? Geography Compass, 5(4), 2011-165-181 pp.
Stone D., Ladi S. Global public policy and transnational administration.Public Administration, 93(4), 2015-839-855 pp.
Holt J., Manning N. Fukuyama is right about measuring state quality: Now what? Governance, 27(4), 2014-717-728 pp.
Rotberg R. I. Good governance means performance and results. Governance, 27(3), 2014-511-518 pp.
Fukuyama F. Commentary:
International organizations and peaceful resolution of disputes
Reference:
Brambila Martinez F. —
Challenging role of the international institutions and production of knowledge in globalization era
// International Law and International Organizations.
– 2020. – № 3.
– P. 75 - 81.
DOI: 10.7256/2454-0633.2020.3.34096 URL: https://en. nbpublish.com/library_read_article.php?id=34096
Read the article
Review:
This article is dedicated to examination of the challenging role of current international organizations in the production of knowledge, applicable to the context of globalization and global governance, as well as the required framework and mechanisms. The subject of this research is the mechanisms of international organizations, namely Organization for Economic Cooperation and Development (OECD), in the production of knowledge implemented within the global governance system. The goal consist in overview of the worldwide demand for knowledge in the context of the Dolowitz-Marsh Approach for the purpose of assessment of the prospects of the offered knowledge. Capabilities of OECD as a central standardized think tank, coupled with the role of NGOs within the global governance system, allow activating bilateral relations and transnational governance. Analysis is conducted on the existing hypothesis on the capacity of international organizations to produce knowledge in globalization era. The author carries out a detailed qualitative analysis of the mechanisms of OECD and other NGOs, and proposes new perspectives and a range of actions regarding their capability to provide a wide range of government institutions with the tools oriented towards increasing the efficiency. In this way, the nationalization of the results of policy testifies to the extensive internal review, based on the international standards, that reduce the role of political interference in the results of activity. The role of international organizations in the production of knowledge contributes to expansion of cooperation between all interested parties, which would be based on the results of activity, in terms of simultaneous ensuring standardized interaction and practice on a bilateral basis. This article gives a perspective on capabilities of the centralized, results-oriented production of knowledge and prospects for more extensive international cooperation and accountability of the governments.
Keywords:
Transnational Administration, Global Governance, NGO, OECD, Production of Knowledge, International Organizations, Government Performance, Globalization, Performance-oriented, Government Accountability
References (transliterated):
Dolowitz D. P., Marsh D. Learning from abroad: The role of policy transfer in contemporary policy-making. Governance, 13(1), 2000-5-25 pp.
Hadjiisky M., Pal L., Walker C. Public Policy Transfer: Micro-Dynamics and Macro-Effects. Cheltenham, 2017-12-35 pp.
Peck J. Global policy models, globalizing poverty management: International convergence of fast-policy integration? Geography Compass, 5(4), 2011-165-181 pp.
Woods N. The Globalizers: The IMF, the World Bank, and their Borrowers. CornellUniversityPress,Ithaca, 2006-22-35 pp.
Rodrik D. Goodbye Washington consensus, hello Washington confusion? A review of the World Bank's economic growth in the 1990s: Learning from a decade of reform. Journal of EconomicLiterature, 44(4), 2006-973-987 pp.
Pal L. Standard-setting and international peer review: The OECD as a Transnational Policy Actor. In Diane Stone and Kim Moloney, Oxford University Press, 2017-12-33 pp.
Nay O. International organisations and the production of hegemonic knowledge: How the Wor