Citations count: 4
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: 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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Abstract:
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:
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: 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:
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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Abstract:
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:
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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Abstract:
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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Abstract:
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:
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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Abstract:
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:
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:
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:
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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Abstract:
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:
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:
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:
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.
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:
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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Abstract:
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:
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:
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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Abstract:
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: 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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Abstract:
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:
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:
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:
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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Abstract:
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: 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:
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.