Citations count: 10
Reference:
Goncharov V.V. —
International cooperation of subjects of public control: towards the formulation of the problem
// International Law and International Organizations.
– 2023. – ¹ 4.
– P. 80 - 91.
DOI: 10.7256/2454-0633.2023.4.69430 EDN: IMZOSB URL: https://en.nbpublish.com/library_read_article.php?id=69430
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Abstract:
This article is devoted to the analysis of the problems of international cooperation of subjects of public control. The author substantiates the role and importance of the institution of public control in the system of legal guarantees for the implementation, protection and protection of the constitutional principles of democracy and public participation in the management of state affairs. The paper notes the importance of organizing and implementing international cooperation of subjects of public control in order to achieve such goals as combining efforts and increasing efficiency in the organization and activities of subjects of public control. At the same time, the article classifies the forms of such international cooperation of subjects of public control, in particular, it highlights: their participation in international conferences, symposiums; participation in international associations and unions of subjects of public control; participation of certain types of public associations in the work of international non-governmental organizations whose activities are aimed at the development of civil society institutions. A number of scientific research methods are used in the work, in particular: comparative legal; historical legal; statistical; sociological; formal logical; method of analyzing specific practical situations. The article formalizes and analyzes the main problems preventing the optimal participation of Russian subjects of public control in international cooperation, in particular: the lack of formalization of this institution of civil society in the country's Constitution; the failure to consolidate in the legislation on public control the legal foundations governing the grounds, limits and forms of the above-mentioned cooperation; weak use of positive foreign experience of cooperation of civil society subjects whose activities are aimed at organizing and exercising control over the apparatus of public power; weak financing of Russian subjects of public control; the risk of using international cooperation of Russian subjects of public control to undermine the national security of the Russian Federation. The work has developed and justified a system of measures to resolve these problems, including by making appropriate amendments and additions to the Constitution of Russia and legislation.
Citations count: 6
Reference:
Belaia O.V. —
Practice of the European Court of Human Rights on the use of human genome information and biomaterials
// International Law and International Organizations.
– 2019. – ¹ 2.
– P. 57 - 70.
DOI: 10.7256/2454-0633.2019.2.30166 URL: https://en.nbpublish.com/library_read_article.php?id=30166
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Abstract:
The goal of this research is the analysis of the practice of the European Court of Human Rights on the use of human genome information and biomaterials. In the course of the study, the author describes the three category associated with determination of requirements to collection, utilization, and storage of human biomaterials. The article examines the question of observance the respondent governments of civil rights in the area of obtaining person’s agreement for donation of tissue and organs right after death along with the agreement of his immediate family, agreement for collection and utilization of DNA materials in establishment of natural relation of people, scientific research on the topic, as well as ensuring confidentiality of genome information about a person. The author reviews the question of developing differentiation approach towards the collection and storage of genetic information and samples with regards to persons convicted of crimes depending on their degree, as well as persons whose criminal prosecution ended in acquittal or dismissal of charges. The main conclusions lies in determination of general trends and rules applied by the European Court of Human Rights in hearing of complaints with regards to collection, utilization and storage of human genetic information and biomaterials. It is noted the despite the affiliation of the examined legislation to a particular state, it corresponds with the key regulations of international acts in the area of respecting human and civil rights to personal and private life, justly balancing private and public interests.
Citations count: 5
Reference:
Skaridov A. —
“Green shipping” and the problem of sustainable use of maritime transport
// International Law and International Organizations.
– 2021. – ¹ 1.
– P. 31 - 45.
DOI: 10.7256/2454-0633.2021.1.35070 URL: https://en.nbpublish.com/library_read_article.php?id=35070
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Abstract:
Green is consistently associated with the political, legal and organizational efforts of various organizations in the area of preservation and sustainable development of the environment. Having analyzes the topic, the author reflects on the legal issues of preventing marine pollution related to the introduction of the International Code for Ships Operating in Polar Waters, the requirements to the “chemistry of pollutants”, technical regulations aimed at the expel of certain ships based on their technical characteristics. The author also attempted to formulate the key statements within the framework of the concept of ecologically sustainable development of the marine transport sector. The subject of this research is the legal relations in the area of regulation of the ecological use of maritime transport. Research methodology employs the analysis of national legal sources; formal-legal, comparative-legal and systemic-logical methods. Law of the Sea has been actively struggling against marine pollution since the International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL) of 1954, creating and constantly improving the responsibilities within the framework of International Convention for the Prevention of Pollution from Ships (MARPOL). The scientific novelty is defined by the absence of analogous works in the Russian literature on the subject. The relevance of this work is substantiated by the need for adoption of legal measures aimed at ensuring efforts on amending the state maritime policy, considering that the implementation of the standards of International Maritime Organization effective since 2020, will result in expel of a considerable number of ships from the maritime sector, as well as and increase the sea freight rates.
Citations count: 3
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. – ¹ 3.
– P. 37 - 68.
DOI: 10.7256/2454-0633.2020.3.34167 URL: https://en.nbpublish.com/library_read_article.php?id=34167
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Abstract:
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.
Citations count: 2
Reference:
Andreev A.F. —
Legal support of the activity of Collective Rapid Reaction Force of the Collective Security Treaty Organization
// International Law and International Organizations.
– 2018. – ¹ 4.
– P. 28 - 38.
DOI: 10.7256/2454-0633.2018.4.27869 URL: https://en.nbpublish.com/library_read_article.php?id=27869
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Abstract:
The subject of this research is the problems of legal support of the activity of Collective Rapid Reaction Force of the Collective Security Treaty Organization, which the author defines as the internal contradiction and discord of the current normative base in the area of collective security of the organization. These include the imperfections of the conceptual-categorical apparatus, disruption in logic of structuring legal framework, terminological substitution, tautology, administrative anachronism, and a number of others. The goal of this work lies in substantiation of suggestions and recommendations aimed at improvement of mechanism of legal regulation of the collective security system in the format of Collective Security Treaty Organization. The scientific novelty of the publication consists in the original proposals with regards to improvement of the regulatory framework in the area of the activity of Collective Rapid Reaction Force. The results can serve as a legislative initiative for the Parliamentary Assembly of Collective Security Treaty Organization.
Citations count: 2
Reference:
Ditsevich Y.B., Kolobov R.Y. —
Threats to conservation of World Heritage Site “Lake Baikal” and measures to reduce them (based on the results of the 44th session of the UNESCO World Heritage Committee)
// International Law and International Organizations.
– 2021. – ¹ 4.
– P. 22 - 33.
DOI: 10.7256/2454-0633.2021.4.36774 URL: https://en.nbpublish.com/library_read_article.php?id=36774
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Abstract:
The subject of this research is the decisions adopted at the 44th session of the World Heritage Committee on the conservation of the World Heritage Site “Lake Baikal” pertaining to such relevant questions as the construction of hydropower station on the Selenga River, as well as countering such phenomena as wild fires and illegal construction within the Central Ecological Zone of the Baikal Natural Territory. The article provides characteristics to the content of documents approved at the recently held 44th session of the World Heritage Committee for the Conservation of the World Heritage Site “Lake Baikal”, within the framework of which the international community assess the actions of the Russian Federation on discharge of the obligations on conservation of the ecosystem of Lake Baikal. Analysis of the problems to be solved that are listed in documentation of the 44th session of committee, the author notes the potential of the world heritage protection mechanism in solution of the problem of constructing hydropower stations on the Selenga River. These include extension of the applicable scope of the “No-go” agreements to the sphere of financial and insurance services, consideration of positive experience of using such institution as the List of World Heritage in Danger, as well as interaction with the International Hydropower Association on elaboration of the universal approaches towards the problem of impact of hydropower stations upon the World Heritage Sites.
Citations count: 2
Reference:
Kudelkin N. —
International Legal Protection of the Marine Environment from Plastic Pollution
// International Law and International Organizations.
– 2022. – ¹ 4.
– P. 11 - 21.
DOI: 10.7256/2454-0633.2022.4.38947 EDN: DTKMOK URL: https://en.nbpublish.com/library_read_article.php?id=38947
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Abstract:
The subject of the work is the norms of international law regulating the protection of the marine environment from plastic pollution. The purpose of the work is to analyze the existing international legal regulation in the field of protection of the oceans from plastic pollution and to develop recommendations aimed at improving the level of protection of the marine environment. In the process of preparing the work, various methods, means of cognition and logical techniques were used, such as analysis, synthesis, deduction, induction, etc. Currently, plastic pollution is one of the main threats to the oceans, every year a huge amount of plastic debris from various sources located both directly in the marine environment and on land enters the marine environment. Plastic pollution is detected even in the most remote corners of the planet, while the level of pollution in them is comparable to industrially developed areas. High concentrations of microplastics are found even in the Arctic sea ice, while it is at least two orders of magnitude higher than in the heavily polluted surface waters of the Pacific Ocean. These facts speak both about the urgent need to develop legal protection of the marine environment from pollution, and about the high degree of relevance of the research topic, its practical and scientific significance. The conducted research allowed us to come to a number of conclusions and proposals of a practical and theoretical nature. Among them is a proposal on the need to include in Annex 1 to the International Convention on the Control of Harmful Antifouling Systems on Ships those antifouling systems that are a source of microplastics entering the marine environment. Among other things, based on the data on plastic pollution of the world's oceans, it is concluded that the current system of legal protection of the marine environment from pollution does not cope with this problem.
Citations count: 2
Reference:
Dubovik O.L. —
New legislation of the European Union on the prevention of environmental pollution with wastes containing macro- and micro plastic particles
// International Law and International Organizations.
– 2019. – ¹ 2.
– P. 16 - 27.
DOI: 10.7256/2454-0633.2019.2.30107 URL: https://en.nbpublish.com/library_read_article.php?id=30107
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The subject of this research is the documents accepted in 2018 in the European Union regulating the requirements to utilization of products made of artificial materials, including the disposable products and fishing gear (draft directive and its substantiation, pan-European strategy). The European Union recognizes the growing threat of marine pollution, harm to living resources of the sea, as well as human health due to consumption of seafood products, decrease in the volume of extracted marine bioresources, and other negative consequences of the extensive usage of plastics (inexpensive, easily transported, but hard to collect, process and dispose wastes); as well as proposes the corresponding solution measures. Familiarization with the assignments of the directive and arguments for its adoption, set forth in Rationale prepared by the European Commission, would contribute to solution of one of the most urgent issues in the area of preventing environmental pollution (primarily the World Ocean) on a global and regional scale, including Russia that still did not pass the Federal Law “On Packaging Wastes”, the system of waste sorting and recycling, lags behind the practice of the developed countries in complete recycling of disposable products. Otherwise, the accumulated wastes produce toxic effect upon the surface and ground waters, soil, air, human health, environmental security of the population and territories.
Citations count: 2
Reference:
Lisauskaite V.V. —
ASEAN: solution of regional problems on protection from natural disasters
// International Law and International Organizations.
– 2018. – ¹ 3.
– P. 62 - 74.
DOI: 10.7256/2454-0633.2018.3.26631 URL: https://en.nbpublish.com/library_read_article.php?id=26631
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The subject of this research is one of the new directions in activity of the regional intergovernmental organization ASEAN (Association of Southeast Asian Nations) – the protection from natural disasters. ASEAN rarely becomes the object of research, namely in the context of realization of protection from natural disasters. Escalation of the existing problems in this sphere in the early XXI century in the Pacific Rim triggered the development of the new vector in activity of the organization. The author describes in details the peculiarities of establishment of this mechanism, its problems and prospects. Special attention is given to the content of framework agreements of ASEAN, which are the core of the entire mechanism of cooperation. Methodological base includes the historical approach to establishment of the analyzed relations, analysis and synthesis of information on the activity of organization in the indicated sphere, as well as its legal regulation. The conclusion is made regarding the effectiveness of regional cooperation in the field of protection from natural disasters, as well as its openness for cooperation with the countries of the entire global community. The analysis demonstrates that ASEAN is a vivid example of proper use of its negative experience for advancement and improvement of the quality of cooperation in the particular area of interests of the organization.
Citations count: 2
Reference:
Mursaliev A.O. —
Framework Convention for the Protection of the Marine Environment of the Caspian Sea: information about the environment and access to it
// International Law and International Organizations.
– 2017. – ¹ 4.
– P. 21 - 28.
DOI: 10.7256/2454-0633.2017.4.25118 URL: https://en.nbpublish.com/library_read_article.php?id=25118
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This article analyzes the provisions of the Framework Convention for the Protection of the Marine Environment of the Caspian Sea of 2003 and additional protocols regarding the information exchange between the contracting parties, as well as about the ensuring public access to information on the status of marine environment of the Caspian. Particularly, the author examines the principles of accessibility of information pertinent to the pollution of marine environment of the Caspian Sea, consolidated in the Convention. Special attention is given to the principle of public participation reflected in the Convention along with the Rio Declaration of 1992 and Aarhus Convention of 1998. The author also reviews the national strategies of public participation. The conclusion is made that based on the provisions of the Convention and its additional protocols pertinent to the exchange of information, follows that the contracting parties provide to each other not only the information on the pollution of the marine environment of the Caspian Sea, but also the emergency situations and other data necessary for cooperation of the parties for the purpose of protection, preservation, and restoration of the marine environment. The involvement of public into resolving the environmental issues in terms of the Convention will allow increasing the information awareness of society, strengthen its role in control over the Caspian environment, and overall, encourage the efficiency of the adopted decisions.
Citations count: 2
Reference:
Rednikova T.V., Kudelkin N., Ma X. —
State policy of the Russian Federation and the People’s Republic of China in the area of the Arctic environmental protection: prospects of international and bilateral cooperation
// International Law and International Organizations.
– 2018. – ¹ 2.
– P. 17 - 31.
DOI: 10.7256/2454-0633.2018.2.25919 URL: https://en.nbpublish.com/library_read_article.php?id=25919
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In the conditions of economic globalization and integration, the relevant issues of ensuring sustainable development to the region can be resolve through the international and transnational cooperation. The article analyzes the regulations of state policy of Russia and China in the area of the Arctic environmental protection, as well as attempts to find the vectors of joint activity of the countries. Such analysis demonstrated that the acknowledgement at the highest level of the serious environmental threats testifies to the intention to overcome them. The Russian political doctrine contains an extensive of measures on environmental protection and ensuring sustainable development to the region. The claimed goal can be achieved exceptionally through improving the system of legal regulation of all types of activities in the Arctic. The article also analyzes the positions of the White Paper “The Arctic Policy of China” in the area of environmental protection, dedicated to China’s involvement in solution of the environmental issues of the region. Comparing the political doctrines of Russia and China pertinent to the Arctic environmental protection, the authors underline the similarity of the tasks and goals contained within. Currently, the most topical are the struggle against pollution, preservation of the Arctic ecosystems, and the fight against global warming. Cooperation between the countries can be realized on the basis of international, as well as bilateral agreements. In order to ensure the interests of the Russian Federation in the Arctic, the authors find reasonable to formulate and sign a separate regional bilateral agreement, dedicated to the problems of environmental protection in the Arctic.
Citations count: 2
Reference:
Ryzhov V.B. —
Cooperation of the EU member-states for the prevention of sexual abuse of children and child pornography
// International Law and International Organizations.
– 2021. – ¹ 2.
– P. 77 - 91.
DOI: 10.7256/2454-0633.2021.2.35484 URL: https://en.nbpublish.com/library_read_article.php?id=35484
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This article reviews the legal framework, as well as the current state and prospects for expanding cooperation between the EU member-states in fight against sexual abuse and exploitation of children. Protection of children from sexual exploitation and countering the spread of child pornography is on the agenda of the EU member-states. Conceptual analysis is conducted on the content of fundamental international normative legal acts that regulate the issues of protection of children from sexual abuse and exploitations. Attention is also focused on preventing the spread of child pornography through modern information technologies. The author underlines the need to improve the designated normative legal framework in the sphere of ensuring the information security of the minors on the Internet. The important role of the United Nations in establishing the policy for combating sexual exploitation of minors and sale of pornographic products that involve children is indicated. It is claimed that in modern world, the international cooperation, including the issues of crime prevention, is the foundation of ensuring human rights, freedoms, and security in various spheres of social. The author makes recommendations on the development of the key directions for consolidating the efforts of the EU member-states in fight against sexual exploitation of children and the spread of child pornography.
Citations count: 2
Reference:
Pustovalov E.V. —
Harmonization of the concepts of legislation on the scientific research activity of the Eurasian Economic Union member states as a condition for performance of the market of scientific research work
// International Law and International Organizations.
– 2017. – ¹ 4.
– P. 1 - 8.
DOI: 10.7256/2454-0633.2017.4.25064 URL: https://en.nbpublish.com/library_read_article.php?id=25064
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The subject of this research is the provisions of the normative legal acts of the Eurasian Economic Union member (EAEU) states that regulate the scientific research activity, as well as the provisions of the EAEU that maintain the liberalization of services market for the purpose of creating of the unified market for services in the indicated sector alongside other sectors. Particular attention is given to the determination of factors that raise barriers and restrict access for the representatives of the EAEU member states to services within the framework of the sectors of services in the area of research and development and implementation of its results. The author also examines the practice of other integration institutions (EU) and approaches of the international organizations Organization for Economic Co-operation and Development (OECD). A conclusion is made about the need for harmonization of the conceptual apparatus applied in the legislations of the EAEU member states about the research and development activity, as well as implementation of mechanism aimed at the removal of barriers and restrictions regardless of approval or disapproval of the conceptual equivalence within this sector.
Citations count: 2
Reference:
Egorov S. —
The systems of Evangelical theological education in the context of international norms and principles
// International Law and International Organizations.
– 2018. – ¹ 3.
– P. 47 - 61.
DOI: 10.7256/2454-0633.2018.3.27515 URL: https://en.nbpublish.com/library_read_article.php?id=27515
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The subject of this research is the representations of the limits and content of the systems of Evangelical theological education reflected in acts of the various intergovernmental and nongovernmental international organizations. These systems feature the religious educational organizations, faculties of secular universities, as well as structural departments of religious institutions that prepare the ministers and religious personnel. The need for referring to international acts is substantiated by ambiguity of formulations of the specialized Russian legislation and dispositions of the Russian centralized religious organizations, which complicates the advancements of this sphere in the context of harmonization of the state-confessional relations. In the course of this work, the author applies the methodology of soft systems developed by Peter Checkland and his supporters, which allows reconstructing the normative requirements of the various international acts, compare the acquired results with the relevant practice in corresponding sphere, as well as highlight the most prioritized vectors of its development. The scientific novelty lies in the fact that for the first time the normative acts of the international intergovernmental organizations that regulate higher education at the global level, have been examined in comparison with dispositions of the international nongovernmental organizations, created by the representatives of Evangelical churches for the purpose of advancement of the professional theological education. The author demonstrates how the theological education can be implemented into the global educational system. Similar world experience can be valuable for the development of Russian legislation, particularly with regards to international cooperation in the field of education.
Citations count: 1
Reference:
Vavilov N.S., Moroz N.O. —
Certain mechanism of implementation of the decrees United Nations Security Council in the Republic of Belarus
// International Law and International Organizations.
– 2019. – ¹ 4.
– P. 1 - 8.
DOI: 10.7256/2454-0633.2019.4.31279 URL: https://en.nbpublish.com/library_read_article.php?id=31279
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The subject of this research is the description of theoretical and practical issues associated with implementation of the results of the United Nations peacekeeping activity into the national legislation based on the analysis of the regulatory and legal acts of the Republic of Belarus, as well as the norms and principles of international law. The authors attempted to conduct a legal analysis of the processes of implementation of the decrees United Nations Security Council in the Republic of Belarus, identify their flaws, and propose the original vision of remedy for the situation, including provision of the particular legislative proposals aimed at streamlining the implementation of the decrees United Nations Security Council in the countries. The article analyzes, classifies and compare the problematic issues related to implementation of the decrees of the United Nations Security Council into the national legislation of the Republic of Belarus for future examination from both, theoretical and practical perspectives. Although there are plenty of scientific articles dedicated to this problematic, all of them carry unsystematic character. There comprehensive study on the matter has not been previously conducted. At this time, the mechanism of implementation of the at the international and regional level, the mechanism of implementation of regulations issued by the bodies of international organizations into the national legislation carrying mandatory or recommendatory character is yet to be developed at both, international and regional levels.
Citations count: 1
Reference:
Teymurov E., Kozheurov Y.S. —
Organizational and legal models of international scientific and technical cooperation for the creation and operation of a global research infrastructure in the nuclear field
// International Law and International Organizations.
– 2020. – ¹ 3.
– P. 21 - 36.
DOI: 10.7256/2454-0633.2020.3.33961 URL: https://en.nbpublish.com/library_read_article.php?id=33961
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Legal science faces the urgent task of researching existing legal forms and models of international scientific and technical cooperation (ISTC) on the creation and use of global research infrastructure (GII) in the nuclear field, identifying their advantages and disadvantages, possibilities of application and adaptation to projects of the "megasience" class in Russia.
The key factors for determining the legal aspects of the creation and use of GII are two factors: the organizational and legal formalization (the establishment of a separate independent entity or the use of existing "umbrella" legal structures) and what legal tools are used, what law is subordinate to the activity. Â Â Â Â Â Â Â The organizational and legal model of the ISTC, both using existing international intergovernmental organizations of the framework type or legal entities, and by establishing special entities, can be schematically represented in the form of a four-level system. The advantage of using umbrella-type models in the nuclear field is the readiness of most of its tools and mechanisms, which only require adaptation to specific projects, and the possibility of implementing a significant number of projects. If it is necessary to ensure a clear equity participation of partners, financial obligations and a management structure dependent on them, then the appropriate form is the creation of a special project-type entity.
Based on the "legal environment", the use of MMPO implies certain immunities and privileges, exemptions from the jurisdiction of the host State, etc. It is also important in modern conditions that it is more difficult to subject MMPO to politically motivated unilateral restrictive measures ("sanctions"). But the use of the construction of a legal entity can provide greater efficiency, flexibility and managerial cheapness of the process, especially since exceptions from national law can also be provided for them.The most successful seems to be the development of a special organizational and legal form mentioned in the draft federal law "On Scientific, Scientific, technical and innovative activities in the Russian Federation" - an international research organization.
Citations count: 1
Reference:
Malichenko V.S., Gadzhieva A.O. —
Access to healthcare technologies in the context of sanctions and unilateral restrictive measures.
// International Law and International Organizations.
– 2023. – ¹ 3.
– P. 27 - 41.
DOI: 10.7256/2454-0633.2023.3.43606 EDN: UCTUQC URL: https://en.nbpublish.com/library_read_article.php?id=43606
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The object of the study is public relations arising from the interaction of international intergovernmental organizations, government agencies, transnational corporations and non-state actors in the framework of ensuring human access to health technologies in the context of unilateral restrictive measures and sanctions. The subject of the study is international legal norms, documents of international organizations, as well as acts of domestic law that form guarantees of ensuring the human right to the highest attainable level of health and access to healthcare technologies. The purpose of the study is to conduct a comprehensive analysis of the practical significance of the application of international legal and domestic mechanisms aimed at minimizing the humanitarian consequences of sanctions and unilateral restrictive measures and expanding access to vital health technologies. The methodology of the study is based on the general scientific method of cognition, including the formal logical and situational method and private law methods, such as comparative, historical and formal legal methods. The article presents an analysis of the importance of health technologies in achieving international goals in the field of development and human health protection, as well as priorities in the implementation of national health strategies. The theoretical aspects of access to healthcare technologies in the context of unilateral restrictive measures are consistently considered as an important element of ensuring international guarantees of human rights protection. The authors present the differences in the normative content of the concepts of "sanctions" and "unilateral restrictive measures" in accordance with international law, as well as a legal assessment of the legitimacy of their application. The article systematizes the consequences of the application of unilateral restrictive measures on the availability of healthcare technologies in various regions of the world, as well as the practice of applying the norms of international and domestic law to overcome them.
Citations count: 1
Reference:
Lisauskaite V.V. —
The United Nations and response to disasters: peculiarities of formation of mechanism and its separate elements
// International Law and International Organizations.
– 2019. – ¹ 2.
– P. 28 - 40.
DOI: 10.7256/2454-0633.2019.2.29986 URL: https://en.nbpublish.com/library_read_article.php?id=29986
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The subject of this research is the public relations on international cooperation in the context of UN program for disaster risk reduction. The object of this research is the structure of the United nations responsible for implementation of measures on forecasting and response to disasters, as well as liquidation of their consequences. The goal lies in giving characteristics to the activity of UN multidirectional institutional mechanism that maintains international cooperation with regards to protection against various types of disasters. The author analyzes the establishment of this structure, its saturation with diverse functions, realignment and activities. The article presents the opinions of multiple scholars and experts, as well as author’s independent conclusions on the advantages and disadvantages of the structure of the UN. The author underlines presence of the system of structural elements with different legal status in the context of UN, involved, within their competence, in the mechanism for protection against various types of disasters. The conducted analysis reveals flaws in its functionality, however, the system helps reducing consequences of disasters. The scientific novelty consists in the comprehensive analysis of formation of the system, its functionality and cooperation with other international institutions; while other similar works usually consider only one or several structural elements of the system, or provide critical assessment of its current activity.
Citations count: 1
Reference:
Shinkaretskaya G.G. —
Legal issues of environmental protection of the Caspian Sea
// International Law and International Organizations.
– 2019. – ¹ 1.
– P. 10 - 19.
DOI: 10.7256/2454-0633.2019.1.28881 URL: https://en.nbpublish.com/library_read_article.php?id=28881
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Abstract:
The author examines the aspects of environmental component of legal regulation of the Caspian Sea, the largest landlocked body of water on Earth. The cooperation of littoral states with regards to its environmental protection is complicated by the fact that after the dissemination of USSR, instead of two countries – Iran and Soviet Union, there have formed five countries interested in hydrocarbon extraction from the bottom of Caspian Sea, which caused acute contradictions between them. In light of this reason, the validity of Tehran Framework Convention for the Protection of the Marine Environment of the Caspian Sea in encumbered. The signed in 2018 Convention on the Status of Caspian Sea, overall, follows the regulations of the United Nations Convention on the Law of the Sea of 1982. The author notes that the planned adoption of the obligatory document on environmental protection and sustainable use of maritime biodiversity (as an addendum to the United Nations Convention on the Law of the Sea) can become a positive addition to the legal system existing in the Caspian Sea. The need is claimed for the expansion of further productive cooperation of the states, which interests in one or another way are affected by this problem.
Citations count: 1
Reference:
Shinkaretskaya G.G. —
Evidence in the procedure of the International Court of Justice: conceptual aspects
// International Law and International Organizations.
– 2022. – ¹ 1.
– P. 11 - 23.
DOI: 10.7256/2454-0633.2022.1.37283 URL: https://en.nbpublish.com/library_read_article.php?id=37283
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Abstract:
This article notes that the grounded decision of any international court depends on the selection and evaluation of evidence and proof of witness, since the International Court of Justice delivers its judgment binding on sovereign states involved in the dispute. Unlike the national courts that strictly regulate the procedure for selection and evaluation of evidence by normative legal documents, the international courts have more freedom in this respect. From such perspective, considerable interest draws the International Court of Justice, which serves as a model for the establishment and operation of all other international judicial institutions. The author observes that the question of evidence gains particular importance due to the need for taking into account a vast array of natural scientific, economic and social data in the international disputes. In the selection of facts or other evidence pertaining to the case, emphasis is placed on correlation between the authority of the International Court of Justice and the countries involved in the dispute. The court, using its discretion, delivers a judgment for its own benefit. It is worth noting that although in recent years the Court focuses rather on the data analysis for convincing parties, the countries are inclined to accept it. With regards to the question of admissibility of the data, this is virtually an exclusive competence of the International Court of Justice.
Citations count: 1
Reference:
Kantur R. —
Aggression as a continuous offence in light of adoption of Resolution ICC-ASP/16/Res.5 by the Assembly of States Parties to the Rome Statute of the International Criminal Court
// International Law and International Organizations.
– 2018. – ¹ 2.
– P. 32 - 41.
DOI: 10.7256/2454-0633.2018.2.25158 URL: https://en.nbpublish.com/library_read_article.php?id=25158
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Abstract:
The subject of this work is the analysis of aggression as an international offence and the possibility of realization of jurisdiction by the International Criminal Court (ICC) pertinent to this offense. Leaning on the doctrine of continuous crime, the author sets a goal to answer the question on potential expansion of ICC jurisdiction onto the offence of aggression after activation of such based on the Resolution ICC-ASP/16/Res.5. of the Assembly of State Parties of the ICC with regards to offences stipulated by the Article 8bis of the Rome Statute. A conclusion was made that aggression falls under the definition of continuous offences. Therefore, the author makes an assumption whereby with regards to the acts of aggression, the initial moment of which is preliminary to the Resolution ICC-ASP/16/Res.5, and the final moment is yet to occur, ICC in compliance with the conditions stipulated by the Article 2 of the indicated Resolution is legally qualified to exercise jurisdiction.
Citations count: 1
Reference:
Dubovik O.L., Averina K.N. —
The importance of Paris Agreement for climate protection: large-scale plans and problems associated with their implementation
// International Law and International Organizations.
– 2018. – ¹ 4.
– P. 18 - 27.
DOI: 10.7256/2454-0633.2018.4.27597 URL: https://en.nbpublish.com/library_read_article.php?id=27597
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Abstract:
The concept of climate protection was created upon the initiative of environmental scholars and legal experts of multiple countries, supported by the forward-minded politicians, introduced to public consciousness, implemented in the extensive legislative acts of the international environmental law, by the governments and public associations. The consequences of climate change are evident for the planet. However, the opposition of climate protection refuse to discharge their obligations on reducing the emissions of greenhouse gas and other harmful substance into the atmosphere, which cumulatively lead to the global warming effect, formation of ozone holes and other negative aftermath for the environment and peoples’ health. Besides the analysis of regulations of the Paris Agreements, the authors examine the core international legislative acts that served as a prerequisite for its adoption; explore the mechanism for implementation of Paris Agreement in the decisions passed in the 22nd and 23rd UN Climate Conferences, political views of separate countries, and legal regulation of this question in the Russian legislation. The Russian foreign policy concept stipulates the provision of environmental security and counteraction of climate change through formulation of the scientifically substantiated approaches towards preservation of favorable environment and expansion of cooperation with all countries for meeting the demands of the current and future generations. It is noted that despite the implemented measures on preventing the possible and resolving the already existing environmental-legal conflicts between the states, regions, environmental aspects and businesses that emerge in the area of climate protection, there is a possibility of aggravation of relations between the parties with regards to reducing the emissions of greenhouse gases.
Citations count: 1
Reference:
Ryzhov V.B. —
Dialectics of globalization and regionalization in legal space of the state and international organizations
// International Law and International Organizations.
– 2020. – ¹ 1.
– P. 29 - 44.
DOI: 10.7256/2454-0633.2020.1.30979 URL: https://en.nbpublish.com/library_read_article.php?id=30979
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Abstract:
The current stage of development of international relations marks the two fundamental processes: globalization and regionalization. They coexist in a dialectical unity. The article explores some important aspects of this process: conflict of legal values, reflected in the contradictory law enforcement practice; peculiarities of globalization in context of law of international organizations; globalization and regionalization in the activity of transnational corporations. It is noted that the establishment of global market requires a clear legal formalization. Research methodology is based on the general methods of cognition: dialectical, logical, systemic, functional; as well as the methods common to the science of international law: systemic-legal, comparative-legal, and interpretation of law. The thesis is substantiated that globalization and regionalization are the revolutionizing phenomena with regards to social life and world politics. The author determines the patterns of these political-legal occurrences in the modern world. A thought is highlighted that we are the witnesses of the formation of a new and interdependent world, which implements the principle of supremacy of law in the international relations.
Citations count: 1
Reference:
Bezborodov J.R. —
New stage in development of legislation on the transboundary securities turnover. The Hague Convention on “Certain Rights in Respect of Securities held with an Intermediary” came into force
// International Law and International Organizations.
– 2018. – ¹ 1.
– P. 30 - 39.
DOI: 10.7256/2454-0633.2018.1.25540 URL: https://en.nbpublish.com/library_read_article.php?id=25540
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Abstract:
This article directs attention to the gaps in legal regulation of transboundary securities transactions in light on enactment of the Hague Convention on “Certain Rights in Respect of Securities held with an Intermediary”. The author examines the prerequisites for creating such document that emphasize its importance and relevance for the stock market participant, as well as describes the key features of the proposed by Convention legal regulation with examples. Analysis of applicability of the document for the Russian legal reality and prospects of potential implementation is provided. The scientific novelty lies in the insufficient familiarization with the topic of transboundary securities turnover in the Russian Federation. Using the practical examples, the author demonstrates the applicability and relevance of the new approaches suggested by the Convention, as well as analyzes their strong and weak aspects. The article also depicts the problems emerging in foreign countries in terms of the transboundary securities turnover and their causes. A conclusion is made on the possibilities of implementation of Convention regulations in the Russian Federation.
Citations count: 1
Reference:
Podshivalova D.Y. —
The implementation of temporary measures in a failure of execution of the decision of the Dispute Settlement Body of the World Trade Organization
// International Law and International Organizations.
– 2018. – ¹ 3.
– P. 1 - 15.
DOI: 10.7256/2454-0633.2018.3.27187 URL: https://en.nbpublish.com/library_read_article.php?id=27187
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Abstract:
The subject of this research is the question of implementation of temporary measures in case of non-compliance with the decisions of the Dispute Settlement Body of the World Trade Organization. The author analyzes the implementation of temporary measures in the General Agreement on Tariffs and Trade (GATT), explores the order of implementation of temporary measures with regards to the Agreement of rules and procedures regulating the dispute settlement, studies the question of the volume of suspension of concessions as a temporary measure, as well as the possible issues that can emerge at the stage of determination of the volume. The author analyzes the practice of implementation of temporary measures. The scientific novelty lies in detailed consideration of the order of implementation of temporary measures in case of non-compliance with the decision of the Dispute Settlement Body of the World Trade Organization, as well as examination of the corresponding practice of the countries established within the framework of GATT / WTO. The study of this question remains relevant so that Russia can seize an opportunity for protecting its interests to the fullest possible extent in terms of WTO. The following conclusions were made: compensation is not a sufficiently effective temporary measure, therefore, the countries more often refer to suspension of concessions; mechanism for suspending concessions cannot be called perfect, because the developing countries are often not able to implement such measure for protecting their interests, thus it would seem that such mechanism requires reforms (the introduction of interim relief is possible).
Citations count: 1
Reference:
Akhmadova M.A. —
Security of rights to intellectual property created in joint activity within the framework of bilateral agreements between Russia and BRICS countries on the scientific and technical cooperation
// International Law and International Organizations.
– 2019. – ¹ 3.
– P. 38 - 47.
DOI: 10.7256/2454-0633.2019.3.30742 URL: https://en.nbpublish.com/library_read_article.php?id=30742
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Abstract:
The subject of this research is the international acts in the area of scientific and technical cooperation of the BRICS countries – bilateral agreements between the Governments of the Russian Federation and Brazil (2007), Russian Federation and India (1994), Russian Federation and China (1992), Russian Federation and South Africa (2014), and others pertaining to protection and security of rights to intellectual property. Attention is focused on the problematic moments in legal regulation of the “preceding” and “created” within the framework of these acts of intellectual property, including the questions of dispute settlement between the parties, the order of allocation of rights to service development and compensation for them, structure and content of separate contracts concluded in accordance with the indicated agreements, etc. The scientific novelty consists in articulation of the problem and approaches towards its research. The author comes to the conclusion on the sufficient elaboration of the bilateral agreements between the Russian Federation, India and China, which is viewed as a crucial factor in the development of further cooperation in this area for the purpose of ensuring of economic modernization of these countries on the innovative basis. However, the cooperation between Brazil and South Africa is not well developed, therefore the leadership of these countries does not take measures on development and signing of intergovernmental protocol to the Agreement between the Russian Federation and Brazil, called to regulate mainly the questions of legal protection of intellectual property, which manifests as the factor hampering the development of cooperation.
Citations count: 1
Reference:
Abgaryan D.R. —
The policy of the Russian Federation and Georgia in the Black Sea region: international legal aspects
// International Law and International Organizations.
– 2022. – ¹ 2.
– P. 10 - 19.
DOI: 10.7256/2454-0633.2022.2.35402 EDN: LKULDE URL: https://en.nbpublish.com/library_read_article.php?id=35402
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Abstract:
The geopolitical feature of the Black Sea region is its "cross" position, since it is here that the interests of not just neighboring states meet, but also western and eastern religious, and broader cultural traditions. The territorial location of the Black Sea makes it an important strategic zone at the intersection of the borders of Europe, Central Asia and the Middle East. The region, which has significant potential for economic development, has traditionally been a sphere of intersection of interests of both maritime powers and countries seeking to gain influence in this zone by establishing control over them.This article is devoted to the problem of relations between Russia and Georgia in this region, analyzed by the author from an international legal perspective. The basis of the study of the potentially high conflictogenicity of the Black Sea zone is currently an appeal to the history of the issue, which allows us to reveal the cause-and-effect relationships of the confrontation between countries for the possession of those benefits to which domination in the region opens access. The article examines the relations between Russia and Georgia over the Black Sea in the context of the Georgian side's interactions with the West, in particular with the European Union and NATO. The author draws an important conclusion that the deterioration of relations between Georgia and Russia was a step-by-step process that began after the collapse of the Soviet Union and has been going on up to the present time, when it reached its highest point. Determining the prospects for the development of bilateral relations is of great importance due to the fact that conflicts with Russia, which is a key force in the region, can have a negative impact not only on trade and economic relations between the countries, but also on security policy.
Citations count: 1
Reference:
Topornin N.B. —
Legal Framework for the Regulation of Sanctions Measures in the European Union
// International Law and International Organizations.
– 2023. – ¹ 1.
– P. 42 - 54.
DOI: 10.7256/2454-0633.2023.1.40014 EDN: BBBIYR URL: https://en.nbpublish.com/library_read_article.php?id=40014
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Abstract:
The subject of this article is the legal basis of the mechanism for the adoption of sanctions (restrictive measures) within the European Union. The author traced the evolution of the application of sanctions since the creation of the European Economic Community (1957) to the present day, analyzed the relevant sections of the most important constituent acts of the EU and considered the features of the EU sanctions mechanism at the present stage. In recent decades, the practice of applying political and economic sanctions has significantly expanded in the system of international relations. At the same time, if earlier the initiator of international restrictive measures was usually the UN Security Council, now the world is dominated by unilateral national sanctions adopted on the basis of domestic political and legal norms. Somewhat apart in this process are the countries of the European Union, which are guided by collective sanctions measures approved within the EU. The purpose of this article is to study the specifics of the EU sanctions policy, to determine the legal nature of collective sanctions, as well as their compliance with the current principles and standards of modern international law. In the course of the evolution of the European Union as a subject of international legal relations, a special place was given to the formation of the common Foreign and Security Policy of the EU. The author comes to the conclusion that the gradual transformation of an economic association into a political union has led to the need for a unified coordinated policy in the international arena. According to the author, at the present time, the sanctions measures of the European Union have become an integral part of the PRSP, strengthening its role and importance as an important chain in the system of international relations. At the same time, the EU, not having its own armed forces, increasingly considers collective sanctions as an instrument of its political and economic influence in the world. The novelty of this study lies in the consideration of the EU sanctions mechanism from the point of view of the formation of a single common foreign policy of this supranational union.
Citations count: 1
Reference:
Meziaev A.B. —
International legal aspect of Russia’s decision not to become a party to the Rome Statute of the International Criminal Court
// International Law and International Organizations.
– 2017. – ¹ 3.
– P. 84 - 93.
DOI: 10.7256/2454-0633.2017.3.23945 URL: https://en.nbpublish.com/library_read_article.php?id=23945
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Abstract:
The subject of this research is the legal issues associated with countries’ secession from the Rome Statute of the International Criminal Court. Special attention is given to the analysis of decision of the Russian Federation adopted on November 16, 2016 not to become a party to such international agreement. The task of this work consists in determination of the formal and actual motives of the made decision, legal obligations of Russia in the period between ratification and abrogation under the Statute of International Criminal Court, as well as legal consequences of such decision. Due to the fact that the Decree of the President of the Russian Federation indicates the motives of the adopted decision, the article makes an attempt to identify these motives using the method of analysis, primarily of practice of the International Criminal Court with regards to the sitututations that directly affect the national interests of Russia. The article is first within the national scientific literature to suggest a comprehensive answer to the question about Russia’s motives for not becoming a party to the Statute of the Rome International Criminal Court. The author highlights the four groups of motives: socio-philosophical; fundamental legal; general causes associated with the activity of the International Criminal Court; and reasons associated with the situations that have direct application to the Russian Federation. Analysis of the indicated motives demonstrates that the adopted decision to withdraw from the Rome Statute of International Criminal Court fully and justifiably meets the national interests of the Russian Federation.
Citations count: 1
Reference:
Sultanova N.T. —
Year 2019 and international agenda of the European Council
// International Law and International Organizations.
– 2020. – ¹ 1.
– P. 45 - 51.
DOI: 10.7256/2454-0633.2020.1.32299 URL: https://en.nbpublish.com/library_read_article.php?id=32299
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The European Council represents the supreme level of political cooperation between the EU member-states. Diverse questions pertaining to international politics are discusses on the various levels: summits (in 2019 EU – League of Arab States summit, EU –China summit, EU – Ukraine summit in Kyiv, EU – Canada summit in Montreal, G7 summit); conferences and informal meetings; council boards on foreign affairs; joint conferences; association councils, etc. A new strategic agenda 2019-2024 adopted by the European Council determines he priority areas that guide the work of the European Special Councils and other EU institutions. Transatlantic relations, crises in Syria, Ukraine and other parts of the world, relations with Russia, Iran nuclear deal, and other question remain on the agenda of the European Council. The article explores the legal framework of the actions of European Council in the area of foreign policy. The overview of foreign policy agenda of the European Council allows analyzing the role of the European Union on the international arena.
Citations count: 1
Reference:
Akhmadova M.A. —
International legal protection of copyrights in the medical sphere of BRICS countries
// International Law and International Organizations.
– 2020. – ¹ 2.
– P. 40 - 53.
DOI: 10.7256/2454-0633.2020.2.32914 URL: https://en.nbpublish.com/library_read_article.php?id=32914
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Abstract:
The subject of this research is multilateral international acts in the area of copyright that were joined by the BRICS countries – Berne Convention, Universal Copyright Convention, TRIPS Agreement, etc., as well as bilateral agreements between the governments of Russia and Brazil in 2007, Russia and India in 1994, Russia and China in 1992, Russia and South Africa in 2014, which regulate different legal aspects of realization of joint scientific and technological activity, namely in the sphere of medicine. Attention is focused on the problematic moments associated with the spread of copyright regime upon certain objects of medical activity. The scientific novelty of this work consists in articulation of the problem and approaches to its research. The authors comes to the conclusion that the BRICS countries have formed a sufficient international legal system for the protection of copyrights with one, but serious flaw substantiated by the refusal of India and Brazil to join the Agreement of World Intellectual Property Organization. Proliferation of scientific information through the Internet requires more stringent regulation on the international level, since it inflicts substantial damage to the authors of scientific works.
Citations count: 1
Reference:
Yanik A.A. —
Digital space of the EAEU: current state and prospects
// International Law and International Organizations.
– 2021. – ¹ 3.
– P. 42 - 61.
DOI: 10.7256/2454-0633.2021.3.36454 URL: https://en.nbpublish.com/library_read_article.php?id=36454
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Abstract:
This article is dedicated to the assessment of current state of “digital space” of the Eurasian integration and prospects for its development. Based on the parallel analysis of political legal sources, international and domestic statistics, various indexes, as well as relevant literature, the author aims to demonstrate the achievements and difficulties in implementation of the digital agenda of the Eurasian Economic Union, and outline possible causes thereof. For solution of the research tasks, the author employs the results of monitoring of digital development processes of the EAEU, comparative approaches, as well as the general scientific methods of analysis, synthesis, hypotheses, etc. The conducted analysis demonstrates that despite the promotion of digital transformation on the domestic level by all EAEU member-states, the establishment of the single Eurasian digital space is slowing down. The conclusion is drawn on the disparity of political-legal (formal) and actual realities in promoting the project of the Eurasian digital integration. The comparison of relevant data of the Eurasian Economic Commission and Eurasian Development Bank and domestic statistics indicates that the GDP annual growth rate in the EAEU member-states due to the digital transition currently does not exceed 0.1%, which casts doubt on the possibility of achieving the key indicators established by the main vectors of implementation of digital agenda of the EAEU. The author underlines the importance for consolidation of the “analogous” foundations of digital transformation, measures for boosting confidence, expansion of the number of stakeholders of the Eurasian project, and development of the mechanisms for interaction on all levels, including ordinary citizens, who are the major participants and beneficiaries of the digital transition.
Citations count: 1
Reference:
Moroz E.N. —
Comparative analysis of the integration groupings of the EU and the EAEU
// International Law and International Organizations.
– 2022. – ¹ 2.
– P. 39 - 61.
DOI: 10.7256/2454-0633.2022.2.37348 EDN: KGJVBA URL: https://en.nbpublish.com/library_read_article.php?id=37348
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The scientific article is devoted to a comparative analysis of the effectiveness of integration associations of the European Union and the Eurasian Economic Union. The methodological basis of the research is an interdisciplinary approach, system analysis and comparative method. The purpose of the study is to identify the differences between the integration processes of the EU and the EAEU and compare their effectiveness. The author defines integration, examines in detail the features of integration processes in Europe and Eurasia, compares the economic indicators of selected integration associations. The study pays special attention to the historical prerequisites for the formation of the Eurasian Economic and European Unions, as well as the gradual construction of these integration groupings, taking into account the impact on modernity. The novelty of the research lies in the author's understanding of the effectiveness of integration processes in the EU and the EAEU based on the analysis of macroeconomic indicators, identifying the strengths and weaknesses of associations, their comparative analysis, as well as in developing proposals to eliminate the identified problems of Eurasian integration. The main conclusions of the study are: the EU remains an effective integration association, whose successful experience has become an example for the creation of the EAEU. However, now the EU has reached the ceiling of growth, which has not yet been broken. The effectiveness of the Eurasian integration processes remains low, and economic achievements should be expected from the EAEU, as a young structure, no earlier than in 10-20 years.
Citations count: 1
Reference:
Berg L.N. —
The legal framework of the EAEU: some suggestions on classification
// International Law and International Organizations.
– 2024. – ¹ 3.
– P. 51 - 59.
DOI: 10.7256/2454-0633.2024.3.34155 EDN: UMPSMQ URL: https://en.nbpublish.com/library_read_article.php?id=34155
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Abstract:
The subject of this study is the concept and composition of the "contractual and legal framework" and "law" of the Eurasian Economic Union in the context of the provisions of the Treaty on the EAEU dated 29.05.2014 and the legal positions of the EAEU Court. The purpose of the work is to determine the relationship and composition of the concepts of "contractual and legal framework of the EAEU" and "law of the EAEU", as well as to develop proposals for the classification of sources of law of the EAEU. The methodology of the scientific research includes the dialectical method, as well as general scientific logical operations (deduction and induction, analysis and synthesis), and specific scientific methods (formal-legal and comparative-legal methods). This study is of a general theoretical nature, and based on the application of a set of certain methods, which provides the opportunity to understand the internal structure of legal phenomena, allows us to analyze and study the concepts of "legal framework of the EAEU", "law of the EAEU", their composition and make proposals for their classification. These provisions ensure the relevance of the scientific research. Based on the results of the study, the author formulates a conclusion on the distinction between the terms "Legal Framework of the EAEU" and "Law of the EAEU", and also proposes a classification of sources of law of the EAEU. The results of the study are applicable both for further theoretical research in the field of EAEU law and in practice in the legislative and law enforcement activities of the EAEU bodies.
Citations count: 1
Reference:
Vinnitskiy A.V. —
Law of the Eurasian Economic Union and Russian administrative legislation: relevant issues of interrelation and cooperation
// International Law and International Organizations.
– 2017. – ¹ 4.
– P. 9 - 20.
DOI: 10.7256/2454-0633.2017.4.25100 URL: https://en.nbpublish.com/library_read_article.php?id=25100
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Abstract:
The subject of this research is the legal standards of the Eurasian Economic Union that contain administrative requirements and procedures in different areas, as well as securing the status of authorities of the Union. The indicated provisions are examined from the perspective of correlation with the established system of the Russian administrative legislation and cooperation. Attention is given to the scientific-theoretical representations regarding the interrelation and cooperation of the international, integration and national law applicable to regulation of the administrative-legal relations. The author explores the relevant foreign experience on the example of the European Union. The following conclusions were made in the course of this research: 1) in the process of Eurasian integration, regulation of the substantial part of administrative and related public legal relations in economic sphere, including the administrative procedures of public administration and private actors, shifts from the national level towards the level of integration law; 2) the Eurasian Economic Commission has acquired the features of a distinct supranational body of public administration that enters into direct legal relations with the private actors; 3) the law of the Union observes the formation of “quasi-administrative responsibility” and “quasi-administrative justice”. The article is first to advance a hypothesis on the development of administrative law of the Eurasian Economic Union within the framework of the system of integration law.
Citations count: 1
Reference:
Shinkaretskaya G.G. —
Digital Evidence in the Process of the International Court of Justice
// International Law and International Organizations.
– 2023. – ¹ 1.
– P. 55 - 66.
DOI: 10.7256/2454-0633.2023.1.40047 EDN: BXZDGK URL: https://en.nbpublish.com/library_read_article.php?id=40047
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Abstract:
The experience of the International Court of Justice of the United Nations, the oldest existing international court, is extremely important for the development of international judicial procedure. One of the important elements is the practice of collecting and using evidence, which serve as the basis for a Court decision. The problem of recent years has been the problem of using digital (electronic) evidence, which can be any material that exists or is transmitted in the form of numbers. Its source can be a computer disk, stationary or mobile, USB drive, smartphone, the Internet. The digital proof may also have a graphical form in the form of a computer file or an email. The source of evidence may also be data obtained from satellites as a result of remote sensing of the Earth. There are no rules of customary international law concerning electronic evidence. It is logical to assume that the relevant regulation is adopted by each international court separately for itself in the form of its internal law or accepted practice. There are no rules in the Statute and Rules of the International Court of Justice that directly regulate the handling of digital evidence. The main task that the Court faces is to select such data that would allow it to make an effective and fair decision in accordance with international law. Since digital information can be on the Internet, and therefore be accessible to everyone, such information can be classified as publicly available, and therefore freely available. There are concerns that its use could make the trial uncertain. In our opinion, for digital data, the same conditions of treatment must be observed as with evidence in another form: deadlines, registration of copies, etc. The final word on the suitability of the submitted digital evidence is taken by the Court, taking into account the clarity of the image and information, the reliability of sources, etc.
Citations count: 1
Reference:
Malichenko V.S. —
International legal means of protecting human rights in health emergencies
// International Law and International Organizations.
– 2024. – ¹ 2.
– P. 1 - 11.
DOI: 10.7256/2454-0633.2024.2.70608 EDN: QOEUZI URL: https://en.nbpublish.com/library_read_article.php?id=70608
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Abstract:
The subject of the study is international legal norms, documents of international organizations (of a recommendatory and binding nature), as well as acts of domestic law establishing guarantees for ensuring the human right to health and the right to use the results of scientific progress, as well as forming international legal mechanisms for the protection of intellectual property and technology transfer. The object of the study is public relations arising from the interaction of various subjects of international relations in the framework of countering emergencies in the field of health protection and ensuring equitable access to healthcare technologies in all regions of the world, regardless of the level of development of the pharmaceutical industry. The purpose of the study is to develop proposals for the introduction of international legal means aimed at ensuring the human right to health in the framework of achieving a balance of public and private legal guarantees of access to healthcare technologies. The research methodology is based on general scientific methods of cognition, including formal logical and situational, and private legal methods such as comparative-legal, historical-legal and formal-legal. The past decades have been accompanied by rapid rates of emergency situations in the field of public health, which have demonstrated systemic problems in the organization of medical care in each State, as well as revealing imperfections in international legal regulation of the field of health protection. Healthcare technologies, which determine the effectiveness of countering any large-scale threat of an infectious and non-infectious nature, in the vast majority of cases are developed by non-State actors, the main purpose of whose activities is legitimately to make a profit. At the same time, the obligation to ensure the right to the highest attainable standard of health and access to health technologies rests with the State, which forms stable barriers to ensuring a balance of public and private legal guarantees in the field of health protection.
The paper presents a list of the main problems of international legal response to emergencies of international importance. The article consistently reveals the main international legal means of ensuring the transfer of healthcare technologies. The authors have formulated a number of practical recommendations aimed at expanding access to healthcare technologies.
Citations count: 1
Reference:
Pashkovskaya I.G. —
The norms of primary law as a legal foundation of the activity of European Union in the area of security and defense, including collaboration with NATO
// International Law and International Organizations.
– 2017. – ¹ 4.
– P. 29 - 36.
DOI: 10.7256/2454-0633.2017.4.25054 URL: https://en.nbpublish.com/library_read_article.php?id=25054
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Abstract:
The subject of this research is the norms of the constituent agreements of the European Union, concluded by the EU member-states since 1992. The object is the Article J.4, Declaration of the Western European Union of the Treaty on European Union; Article J.7 of the Treaty of Amsterdam; Declaration on the European Policy and Defense, and Defense of the Treaty of Nice; Articles 28 A – 28 E, Article 188 R, Protocol on Permanent Structured Cooperation, established by the Article 28 A of the Treaty of Lisbon. The author examines the institutionalization of the European Defense Agency, which activity is aimed at the creation of financial and technical base for conducting the general security and defense policy of the European Union. Special attention is given to consideration of the legal base of cooperation of the European Union with NATO in the military political sphere. The main conclusion lies in the fact that the norms of primary law of the European Union form the basis of its activity in the area of security and defense. The author’s main contribution is that this article represents an integral, unified by the common idea innovation case study, which conclusions carry a great practical importance for establishment of the defense policy of Russia with regards to the EU member-states and EU overall. The scientific novelty is define by the fact that European Union was endowed with the defense function through adoption of the Treaty of Lisbon that establishes the general security and defense policy.
Citations count: 1
Reference:
Fomina L.Y. —
Protection of private and family life in the European Union law
// International Law and International Organizations.
– 2018. – ¹ 4.
– P. 10 - 17.
DOI: 10.7256/2454-0633.2018.4.28392 URL: https://en.nbpublish.com/library_read_article.php?id=28392
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Abstract:
This article is dedicated to the problem of protection of right to respect for private and family life in the European Union law. The author examines the legal regulation and content of right to respect for private and family life in the European Union in conjunction with rule of law with the Council of Europe. The author considers the interpretation of corresponding rules in practice of the European Court of Human Rights and Court of Justice of the European Union, correlation of the right to respect for private and family life with the right to protection of personal data. The article analyzes the provisions of the Charter of Fundamental Rights of the European Union and Convention for the Protection of Human Rights and Fundamental Freedoms dedicated to protection of private and family life, as well as their interaction within the European Union Law. The corresponding rules of European Convention for Protection of Human Rights and Fundamental Freedoms are recognized by the European Union Law in determining the content of the law under consideration, but without EU Court’s prioritization of it within the current EU law enforcement. In the European Union law, the right to protection of personal data is allocated as an independent right guaranteed alongside the right to respect for private and family life, which differs from the approaches established in the Council of Europe law.
Citations count: 1
Reference:
Duben A.K. —
International Legal Basis of Information Security: Results and New Challenges
// International Law and International Organizations.
– 2023. – ¹ 1.
– P. 79 - 87.
DOI: 10.7256/2454-0633.2023.1.40054 EDN: ANNCOP URL: https://en.nbpublish.com/library_read_article.php?id=40054
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Abstract:
The relevance of the research is caused by the transformation of law in conditions of great challenges and threats, and without understanding the global nature of the problems of this phenomenon, it is impossible to carry out active interstate cooperation. The purpose of research is to study the interstate cooperation in field of information security, as well as the development of measures to improve its effectiveness (primarily international legislation, as well as other interstate measures to prevent new challenges and threats). The object of the study is modern social relations developing in the field of interstate cooperation in ensuring information security. The subject is international legal acts regulating relations in the field of cybersecurity, materials and publications in the field of information security, Internet resources on the problems of this topic. In the course of the research, the author concludes that today the dynamics of competitive relations in Russia are determined by a number of factors that should be developed at the sites of the SCO, BRICS, CSTO, CIS and other interstate regional associations for the growth of the interconnection of market participants, the integration of production, leveling sanctions costs. These conditions pose the task of finding legal means aimed at enhancing the development of the economic sphere and ensuring security in the information sphere. This poses the task of forming an effective mechanism of technical regulation. At a time when the Russian Federation has significant prerequisites for the breakthrough development of digital technologies as a driver of its economic growth, adequate legal solutions are needed to eliminate existing obstacles on this path.
Citations count: 1
Reference:
Shugurov M.V. —
The European Union's sanctions regime against Russian science
// International Law and International Organizations.
– 2023. – ¹ 4.
– P. 22 - 45.
DOI: 10.7256/2454-0633.2023.4.69177 EDN: XFYGYZ URL: https://en.nbpublish.com/library_read_article.php?id=69177
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Abstract:
Unprecedented unilateral restrictive measures against Russia's participation in international scientific and technical cooperation (scientific sanctions) have become an integral part of the modern European sanctions policy. The subject of the article is the EU sanctions regime against Russian science, which implements an appropriate policy aimed at ending the participation of Russian scientific institutions and organizations in projects implemented within the framework of EU scientific programs. The purpose of the article is to reveal the content and model of the EU sanctions regime against Russian science. The hypothesis of the study is the position that the model of the sectoral sanctions regime under consideration combines general and specific points. The article argues that the specified sectoral sanctions regime of the EU is autonomous in nature and does not represent something derived from scientific sanctions imposed by member States. General scientific methods of analysis and synthesis, abstraction and generalization were used. This made it possible to move from diverse empirical data to theoretical generalizations about the nature and model of the EU sanctions regime against Russian science. In addition, historical and comparative approaches were used, as well as a modeling method. The article substantiates the conclusion about the contradictory nature of the value and legal foundations of this regime, which is reflected in the lack of unity of views of European expert circles regarding the degree of rupture of scientific ties with Russia. The author substantiates that the massive and, by historical standards, sudden introduction of scientific sanctions in 2022, forming a special sanctions regime, is not the result of certain difficulties that occurred earlier in Russian-European scientific cooperation. On the contrary, it is a systematically motivated destruction of the bridges of scientific diplomacy created after the Cold War. A negative consequence of the functioning of this regime was a decrease in the degree of internationalization of Russian science and its ability to contribute not only to solving applied problems of national socio-economic development, but also to solving global problems of our time. The novelty of the study lies in the fact that for the first time in the scientific literature, structural subsystems of the EU scientific sanctions regime are identified, as well as their additional identification features are characterized.
Citations count: 1
Reference:
Lisauskaite V.V. —
World Meteorological Organization and decrease of the danger of disasters: activity and cooperation
// International Law and International Organizations.
– 2018. – ¹ 1.
– P. 1 - 8.
DOI: 10.7256/2454-0633.2018.1.24296 URL: https://en.nbpublish.com/library_read_article.php?id=24296
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Abstract:
The subject of this research is the activity of the World Meteorological Organization in the area of forecasting the hazardous natural occurrences, and preparation of the states and people to their potential consequences and decrease. The author examines the development of this vector in terms of the World Meteorological Organization and the existing problems of effectiveness. The article analyzes the diverse programs of the Organization aimed at prevention of the hazardous natural occurrences and the disasters caused by them. The author explores the peculiarities of functioning of the Global Framework for Climate Services and the experienced issues in the process of its establishment. Attention is given to the activity of the World Meteorological Organization specifically in the area of prevention of disasters, which is rarely an object of research for scientific publications regarding this international institution. The conducted analysis allowed giving an accurate characteristic to the work of the World Meteorological Organization and its collaboration with the member-states in the field of forecasting of hazardous natural occurrences. The current issues and prospects of the acting international system are determined.
Citations count: 1
Reference:
Afkhazava D.G. —
International Court of Justice and the threat of use of force
// International Law and International Organizations.
– 2020. – ¹ 3.
– P. 1 - 20.
DOI: 10.7256/2454-0633.2020.3.32505 URL: https://en.nbpublish.com/library_read_article.php?id=32505
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Abstract:
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.
Citations count: 1
Reference:
Shinkaretskaya G.G. —
An outline of private international law in the branches of public international law
// International Law and International Organizations.
– 2021. – ¹ 2.
– P. 55 - 67.
DOI: 10.7256/2454-0633.2021.2.35889 URL: https://en.nbpublish.com/library_read_article.php?id=35889
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Abstract:
The author reviews the key aspects of using the norms of private international law in intergovernmental relations, development of the universal legal norms and methods in the conditions of globalization. It is noted that public and private international law differ in multiple parameters, particularly the method of regulation. Private law relationships are regulated by the national legislations, while public law relationships are regulated by international treaties, which can be expressed in form of agreements, customs, or tacit consent. consent form. The author underlines the importance of distinguishing between the sphere of private and public law, as well as proper application of the corresponding regulatory mechanisms. To research employs formal-logical, systematic, comparative, and other methods. The relevance of modernizing legal regulation of foreign economic activity is emphasized. The author notes that the norms that establish the procedure for regulating the behavior of private and legal entities have been included into the international law. The manifestation of this phenomenon can be seem in the international investment law (investment process), law of the sea (in the area of resource extraction). The future position of privately held companies in the development of lunar resources is being actively discussed. This phenomenon can be substantiated by the need to establish a unified rule of law for the activity of non-state actors in the corresponding branches of international law.
Citations count: 1
Reference:
Lyu K.A. —
The Main Directions of Supranational Regulation of Public Relations in the Digital Sphere at the Present Stage (on the Example of the European Union)
// International Law and International Organizations.
– 2023. – ¹ 1.
– P. 12 - 25.
DOI: 10.7256/2454-0633.2023.1.39923 EDN: CVWCTO URL: https://en.nbpublish.com/library_read_article.php?id=39923
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Abstract:
This article attempts to systematize all currently existing at the EU level areas of supranational regulation of public relations in the digital sphere. An appropriate systematization can be useful both from the point of view of further theoretical understanding of supranational regulation at the present stage, and from the point of view of using the EU experience to harmonize the regulation of the digital space within the EAEU. Despite the fact that, individually, almost all areas of supranational regulation have become the subject of research, their cumulative, systemic effect has not been analyzed. This predetermines the scientific novelty of the present study. In addition, the scientific novelty of the article is also manifested in the fact that the author involves in scientific circulation the most relevant areas of supranational legal regulation of social relations arising in the digital sphere (in particular, we are talking about supranational regulation of artificial intelligence and crypto assets). In this article, based on an analysis of the EU experience, a general conclusion is made that supranational regulation of social relations in the digital sphere today has significantly expanded (and continues to expand) due to the inclusion of fundamentally new areas of public life that have arisen in connection with the development of information and communication technologies. In addition, the article carried out a detailed systematization and classification of the key areas of supranational regulation of social relations arising in the digital sphere.
Citations count: 1
Reference:
Maslova S.V. —
The role of international organizations in regulating relations in the area of public-private partnership: critical analysis and prospects
// International Law and International Organizations.
– 2019. – ¹ 2.
– P. 1 - 15.
DOI: 10.7256/2454-0633.2019.2.29970 URL: https://en.nbpublish.com/library_read_article.php?id=29970
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Abstract:
The recognition of public-private partnership as one of the methods for achieving sustainable development goals shifted its regulation to the category of common interests of the states. The subject of this research is the institutional form of international cooperation in the area of public-private partnership, characterized by involvement of multiple international organizations that have regulatory effect upon the relations in this sphere. The results of such impact are quite significant, but at the same time lower than real capacity. Critical assessment along with analysis of the trends and limitations in exercising of regulatory function of international organizations in the area of public-private partnership appear relevant. Application of the methods of comparative analysis, as well as document and social networks analysis, allow forming the conceptual basis for determining the role of international organizations in regulating public-private partnership, problems of their interaction and prospect of future international cooperation in this sphere. The key role of international organizations in the area of public-private partnership consists in influencing the national peacebuilding processes of the states in the area of public-private partnership by unification and harmonization of corresponding legislation and facilitating the process of creating the customary rules of international law in the sphere of public-private partnership. It also implies in transformation of the concept of public-private partnership. The results of regulatory effect of international organizations with regards to public-private partnership are not necessarily identical, as the functions of international organizations on regulating public-private partnership have its limitations, substantiated either by the objective factors of the development of international cooperation in the area of public-private partnership, or mostly by the provisions of constitutive acts of these organizations. The method of overcoming such issues can become the transformation of regulatory function of international organizations and modification of the instruments for its implementation or creation of new ones.
Citations count: 1
Reference:
Shugurov M.V. —
Industrial and technological cooperation in pharmaceutical sector within the framework of EAEU: development of the model of legal regulation
// International Law and International Organizations.
– 2021. – ¹ 4.
– P. 89 - 125.
DOI: 10.7256/2454-0633.2021.4.37154 URL: https://en.nbpublish.com/library_read_article.php?id=37154
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Abstract:
The subject of the study is the legal aspects of the development of industrial and technological cooperation of the EAEU member-states in pharmaceutical sector aimed at ensuring import substitution and going global through reinforcement of export potential. The goal of this article lies in elaboration of the conceptual model of legal regulation of industrial and technological cooperation of the EAEU member-states in pharmaceutical sector. The author explores the global challenges faced by the pharmaceutical sector of the EAEU countries, framework regulation of its technological modernization on the national level, questions of formation of the system of strategic and legal grounds of industrial and technological modernization of the sector within EAEU, as well as the mechanisms which legal regulation would contribute to building the technological and industrial capacity. The conclusion is made that the legal model of industrial and technological integration in pharmaceutical sector is represented by the structured system of legal grounds that reflects the structure of the legal structure of EAEU and is similar to the legal models of other vectors of industrial and technological integration. It implies the combination of international treaty framework and provisions contained the legislative acts of the EAEU. The novelty of this work lies in comprehensive analysis of legal issues of theoretical and applied nature that emerge in the process of this vector of integration. The author’s special contribution consists in modeling the legal space of sectoral integration and forecasting the trajectory of its further development.
Citations count: 1
Reference:
Rednikova T.V. —
Actual problems of formation of ecologically significant behavior of people at the international and national levels
// International Law and International Organizations.
– 2023. – ¹ 4.
– P. 1 - 11.
DOI: 10.7256/2454-0633.2023.4.44200 EDN: ZUIUUX URL: https://en.nbpublish.com/library_read_article.php?id=44200
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Abstract:
Sustainable development has not only become the subject of a wide range of international agreements, but over the past decades has been introduced into the fabric of the national legislation of most states. In the Russian Federation, the provisions on sustainable development are incorporated into the norms of sectoral environmental legislation, as well as into strategic planning documents, which are becoming increasingly important as acts in accordance with which environmental activities and their financing are carried out. The declaration of respect for the environment in the activities of any entity is the basis for the formation of its positive image from the point of view of public opinion. It is necessary to ensure by legal means an understanding of which actions and processes are really effective for environmental protection, and which, often generally recognized, are not actually such, and if they are, then the degree of their benefits can be greatly exaggerated. The ongoing deterioration of the ecological situation on the planet indicates the urgency of taking additional measures to form the ecological consciousness of all subjects, since the instruments existing in international and national law are not sufficiently effective.
Citations count: 1
Reference:
Pustovalov E.V. —
Model of administrative cooperation of competent authorities that ensures functionality of the single market for services of the EAEU
// International Law and International Organizations.
– 2020. – ¹ 4.
– P. 29 - 40.
DOI: 10.7256/2454-0633.2020.4.34112 URL: https://en.nbpublish.com/library_read_article.php?id=34112
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Abstract:
The subject of this research is the model of administrative cooperation of competent authorities of the EAEU member-states in the context of isolated sectors of services market with the single market regime. The author explores the functionality of the single market for services, as well as the occurred situation of absence of the single competent authority (supranational body or nongovernmental organization granted with the corresponding competence), which ensures cross-jurisdictional regulation and control within the framework of the single interstate market. Based on the fact that administrative cooperation of the national competent authorities was selected as the instrument for overcoming the indicated problem in the EAEU, the author analyzes the principles and mechanisms of such cooperation, as well as the concepts and draft agreements between the competent authorities. Assessment is conducted on reasonableness of the used (proposed to use) mechanisms. As a result of analysis of legal norms of the EAEU dedicated to the single market for services, it is concluded that these norms of can be applied directly without implementation into the national legislation, which presses the need for interstate regulation and control. At the same time, in the current realities of integration processes, the coordinated administrative-procedural and control-supervisory measures should be realized not via transferring additional competencies to the supranational level, but through administrative cooperation of the competent authorities. The author notes that the existing model of administrative cooperation of competent authorities is currently under development, and due to extended time of coordination of the draft interdepartmental agreements, it is beneficial to conclude the interstate agreement, which would fill the gap of legal regulation in the absence of specific agreements between the competent authorities by the sectors. Examination of the EU experience on creation of information resources for supporting cooperation of the competent authorities allows concluding on the crucial importance of such instrument and the need for the development of its analogues in the EAEU, the normative prerequisites for which are reflected in the Treaty on the Eurasian Economic Union.
Citations count: 1
Reference:
Ryzhov V.B. —
European Union: dynamics of development and accumulated problems
// International Law and International Organizations.
– 2018. – ¹ 2.
– P. 42 - 50.
DOI: 10.7256/2454-0633.2018.2.25693 URL: https://en.nbpublish.com/library_read_article.php?id=25693
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This article examines the establishment and development of integration ties in modern Europe on the example of the European Union. The evolution of European communities into the European Union is demonstrated. The author notes the separate negative factors (nationalism, separatism, socioeconomic difficulties, etc.) that lead the decline in the rate of European regional integration. The article underlines the international legal nature of the EU, determines the role of communitarian structures of the European Union in realization of the “federalist” potential, as well as provides various expert opinions pertinent to the development prospects of the EU. The author notes that the European Union is one of the international legal models of the regional integration associations; while at the same time, the Union transforms the nature of its member-states. Delegation of competencies from the states to the benefit of the supranational authorities of the European Union reveals the new approach towards establishment of European integration through the procedure of specification of obligations of the EU member-states with regards to each other and the Union.
Citations count: 1
Reference:
Fomina L.Y. —
Questions of bioethics and biomedicine in the context of protection of the right to respect for one's private and family life: practice of the European Court of Human Rights
// International Law and International Organizations.
– 2019. – ¹ 4.
– P. 69 - 77.
DOI: 10.7256/2454-0633.2019.4.31876 URL: https://en.nbpublish.com/library_read_article.php?id=31876
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Abstract:
This article is dedicated to examination of the questions of bioethics and biomedicine in the context of protection of the right to respect for one's private and family life in practice of the European Court of Human Rights. The author explores the international legal regulation of the questions of bioethics and biomedicine, practice of the European Court of Human Rights within the framework of the Article 8 of Convention on the Protection of Human Rights and Fundamental Freedoms with regards to the topic, potential implementation of the corresponding norms and legal provisions in the Russian juridical practice. The conclusion is made on applicability of the Article 8 8 of Convention on the Protection of Human Rights and Fundamental Freedoms to particular problems related to the sphere of bioethics and biomedicine, including the use of the assisted reproductive technologies and transplanting. The author analyzes the problem of demarcation between private and family life in the context of the protection of rights relating to bioethics and biomedicine, and the corresponding criteria formulated by the European Court on Human Rights. The conducted research claims the possibility of government’s interference into the right to respect of one’s private and family life within the framework of the sphere of bioethics and biomedicine in accordance with the general criteria of its admissibility; dedicating particular attention to determination of boundaries of the margin of state discretion; and finding the balance of interests among various entities.
Citations count: 1
Reference:
Adzhba D. —
Conventional Regulation of Relations related to multiple and dual Citizenship
// International Law and International Organizations.
– 2022. – ¹ 3.
– P. 15 - 24.
DOI: 10.7256/2454-0633.2022.3.38589 EDN: QSATMX URL: https://en.nbpublish.com/library_read_article.php?id=38589
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Abstract:
The subject of the study is the conventional regulation of relations arising in connection with multiple and dual citizenship. The emphasis in the modern international regulation of issues of dual and/or multiple citizenship is generated by the progressive increase in actual states when a person has two or more nationalities, which affects the interests of several States. Such a phenomenon is accompanied by the emergence of a wide range of problems requiring interstate interaction, which, as a rule, is expressed in the conclusion of bilateral and multilateral treaties on bi- and polypatrism. Such treaties concluded within the framework of modern international law reflect either the negative attitude of the signatory States towards dual and multiple citizenship, or the desire of States to find relevant ways to eliminate the consequences of these phenomena, which are often caused by disputes between States. The article examines the practice of conventional resolution of problems caused by the presence of bi- and poly-patrid status, the changed vectors of the settlement of issues of dual and multiple citizenship, as well as priority areas of modern international law in this area. The article concludes that bilateral cooperation in the field of bipatrism is more effective, which nevertheless will not solve the problem of dual and multiple citizenship at the global level. In addition, the conclusion of a universal international agreement on bi- and polypatrism also does not seem to be an effective means of resolving disputes arising due to significant economic, political, ethno-cultural, historical and legal differences between States, in particular in matters of regulating citizenship. The author considers it necessary to develop new approaches to ensure greater effectiveness of the mechanism of international legal regulation of bi- and polypatrism.
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