Theory and philosophy of international law
Reference:
Cheshin A.V., Goncharov V.V., Malinovskii O.N., Petrenko E.G.
Is public control of extraterritorial objects possible (using the example of the use of the waters of the World Ocean): to the problem statement
// International Law.
2024. ¹ 4.
P. 1-12.
DOI: 10.25136/2644-5514.2024.4.72076 EDN: GEBJHJ URL: https://en.nbpublish.com/library_read_article.php?id=72076
Abstract:
This article is devoted to the analysis of the possibility of organizing and implementing public control of extraterritorial objects (using the example of the use of the waters of the World Ocean). The authors substantiate the need to extend the institution of public control to extraterritorial objects (in particular, to such an object as the use of the waters of the World Ocean), arguing that: the waters of the World Ocean occupy most of the Earth's surface; they account for the vast majority of the volume of water on the planet; the bioresources of the waters of the World Ocean occupy the first place in terms of the mass of biological matter in recent decades, pollution of the waters of the World's oceans has become catastrophic, which threatens the processes of conservation and reproduction of biological resources; biological resources of the waters of the World's oceans are the object of international protection and belong to all mankind; minerals of the seabed, continental shelf exceed in volume the minerals located on the land of our planet. A number of scientific research methods are used in the work, in particular: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. However, the organization and implementation of public control over extraterritorial objects (using the example of the use of the waters of the World Ocean) are fraught with numerous problems: international legislation does not directly enshrine the institution of control of the civil society of the peoples of the United Nations in relation to extraterritorial objects; the waters of the World Ocean, depending on their geographical location, have different international and national legal status and the mode of use, which makes it difficult to determine the subjects of the above-mentioned control; international legislation does not detail the status of subjects of international control of civil society of the peoples of the United Nations (in particular, international unions and associations of subjects of public control and other subjects of civil society); the scientific doctrine of international law in this area is poorly developed; the above-mentioned subjects are generally not endowed with a set of real powers; they have weak organizational and technical capabilities. The work has developed and justified a system of measures to resolve these problems.
Keywords:
associations, state, UN, World Ocean, waters, use, extraterritorial objects, public control, unions, population
International law and national law
Reference:
Maksimov A.A., SCHegolev I.B., Savchenko M.S.
Public control in Antarctica: towards a problem statement
// International Law.
2024. ¹ 4.
P. 13-29.
DOI: 10.25136/2644-5514.2024.4.71877 EDN: LEVGHQ URL: https://en.nbpublish.com/library_read_article.php?id=71877
Abstract:
This article is devoted to the analysis of modern problems related to the possibility and necessity of organizing and implementing public control in Antarctica. The territory of Antarctica currently does not belong to any of the states of the planet, however, a number of countries, represented by their representatives (including military personnel), carry out their activities on the territory of this continent, which creates or may pose a threat to the environmental security of this region of the world. The norms of international law have consolidated the institution of observers, who are sent by States that are parties to the Antarctic Treaty of 06/23/1961. However, the civil society of the countries participating in this Treaty, other international and interstate agreements on Antarctica, for example, the Commission for the Conservation of Antarctic Marine Living Resources, as well as the Convention on the Conservation of Antarctic Marine Living Resources, in fact, is excluded from monitoring the activities, acts and decisions of both these international organizations and public authorities national States authorized to explore Antarctica and participate in international relations in this area. In the course of scientific research, a number of scientific methods were used, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. In this regard, the authors of the article analyzed international legislation on Antarctica, the mechanism of its development, conservation of natural resources, demilitarization, etc. The paper substantiates the need for the organization and control of civil society over the activities, acts and decisions of international governmental organizations, as well as public authorities of national states authorized to develop Antarctica and participate in international relations in this field. The authors formalized and analyzed the main problems that hinder the implementation of this control in this area. The article develops and substantiates a system of measures to resolve these problems, including by making appropriate changes and additions to the norms of international law, as well as national legislation on public control.
Keywords:
Madrid Protocol, treaty, CCAMLR, international law, optimization, problems, Russian Federation, democracy, Antarctica, public control
Military associations and alliances
Reference:
Kholikov I.V., Naumova T.Y.
Legal guidelines for international military cooperation of the Russian Federation from the perspective of the results of the XVI BRICS Summit (theoretical note)
// International Law.
2024. ¹ 4.
P. 30-43.
DOI: 10.25136/2644-5514.2024.4.72180 EDN: LLDAWI URL: https://en.nbpublish.com/library_read_article.php?id=72180
Abstract:
One of the most significant socio-political, socio-economic and military-strategic events of this year was the XVI BRICS Summit on October 22-24 in Kazan. In this regard, it is necessary to conceptualize the main results and trends following the results of such a large-scale event. Thus, the subject of the study in this work is to determine the legal trends of international military cooperation of the Russian Federation from the perspective of the results of the XVI BRICS Summit held in the Russian Federation (Kazan) on October 22-24, 2024. The solution of this task involves an analysis of the essence of the summit, from the perspective of the meaning and values of the BRICS as an influential international organization. It is noted that the expansion of cooperation within the framework of BRICS involves both the development of the military component of the organization and the appropriate legal support for these activities. To reveal the legal trends of international military cooperation of the Russian Federation from the perspective of the results of the XVI BRICS Summit held in the Russian Federation (Kazan) on October 22-24, 2024, the work uses systematic, comparative legal and doctrinal approaches, as well as analytical, classification and generalizing methods of scientific research. As part of the generalization of legal trends in the development of international military cooperation, the BRICS countries proposed following the Summit: simplify trade procedures between states; adopt the convention on combating international terrorism within the framework of cooperation in the UN; strengthen practical international cooperation in the fight against terrorism; continue cooperation against transnational crime without politicization; expand dialogue in order to create a single transport platform to ensure multimodal logistics between the countries of the association; to expand cooperation in the field of remote sensing satellites; the BRICS countries agreed to jointly resist unilateral protectionist measures that do not comply with international law; to strengthen cooperation on the exchange of scientific and technical information, materials and equipment for peaceful purposes.
Keywords:
law enforcement sphere, military-technical cooperation, norms of international law, international military cooperation, negative trends of globalization, regulation of relations, the international legal mechanism, social trends, the global world order, the fight against terrorism
Sources used
Reference:
Astakhova M.A.
BRICS as the object of Russian legal studies: selective review of 2012-2024 articles
// International Law.
2024. ¹ 4.
P. 44-62.
DOI: 10.25136/2644-5514.2024.4.72471 EDN: MGXNFY URL: https://en.nbpublish.com/library_read_article.php?id=72471
Abstract:
In the modern research space, the BRICS interstate association is the object of increased attention of scientists of various specializations, including legal scholars. The purpose of this article is to provide an overview of a few articles by Russian legal scholars published in domestic journals from 2012 to 2024. The criteria for selecting articles were the Russian language of publication, the presence of the abbreviation "BRICS" in the title or resume of the work, full access to the text in the scientific electronic libraries "Cyberleninka" and "Elibrary.ru" belonging to the thematic section "OECD – Law". The review will make it possible to diagnose the structure and state of the publication situation in relation to BRICS as an object of domestic legal research, to determine the prospects for further research. The research methodology is based on the application of content analysis, classification, induction and deduction methods. The empirical basis is represented by 131 scientific articles published in the period from 2012 to 2024. The novelty of the study is determined by the fact that there are no review articles regarding the publication situation on legal issues related to BRICS in the domestic research field. As a result of the study, it was established that there is diverse scientific interest in relation to BRICS, which is positioned as an object of analysis in two aspects – as a monolithic independent subject of international relations and as a conglomerate of member countries. The analysis of the problems of the reviewed scientific articles made it possible to determine the presence of both relatively well-developed subject areas (in particular, the organizational and legal essence of the BRICS, intellectual property and legal aspects of digitalization and artificial intelligence in the BRICS countries), and other areas in which potential authors have wide research prospects.
Keywords:
subject of international relations, analysis, review, publication situation, legal status, interstate association, legal research, scientific articles, BRICS, conglomerate of member countries
International law and national law
Reference:
Pligin V.N.
Problems of public law regulation of customs control (international legal aspects)
// International Law.
2024. ¹ 4.
P. 63-73.
DOI: 10.25136/2644-5514.2024.4.72550 EDN: STWGAA URL: https://en.nbpublish.com/library_read_article.php?id=72550
Abstract:
The subject of the study is the concept of customs control as a public law institution and the specifics of its international legal regulation. The author examines the main objectives and levels of supranational regulation of customs control. The analysis of international acts in the field of regulation of customs control and related institutions makes it possible to assess and correlate the integration and national regulation of customs control, while distinguishing the norms governing the conduct of control measures themselves (regulation of control and supervisory activities) and the norms establishing mandatory requirements (customs rules) for controlled entities. The problems of public law regulation of customs control are considered not only from the standpoint of international standards of customs regulation, but also taking into account the modern digital agenda, as well as Russia's counteraction to sanctions pressure. When working on the topic, the following research methods were used: comparative law, methods of systematic and comparative analysis, methods of legal formalization, structuring and classification. The main conclusions of the study are : 1) international level of regulation of customs control should distinguish between universal international and regional integration levels of regulation;2) as the basic goals of supranational regulation of customs control, it is necessary to highlight the harmonization and unification of regulation, protection of the rights and legitimate interests of controlled persons; establishment of a minimum level of protection, universal standards for the protection of the rights and legitimate interests of controlled persons; ensuring regional economic integration; 3) special international treaties and agreements in the field of regulation of customs control are inexistent, but at the same time, all universal standards of customs regulation at the supranational level directly or indirectly relate to the regulation of the control activities of customs authorities; 4) the integration level certainly dominates in the international legal regulation of customs control. The author's special contribution to the research of the topic is the proposals on the relationship between national and supranational regulation of customs control. The conclusion is made about the problem of the embeddedness of national regulation in the integration mechanisms of legal regulation in which Russia participates (EAEU, BRICS).
Keywords:
financial market, digitalization, globalization, model regulation, international agreements, economic integration, unification, harmonization, customs control, Public Law Institute
Theory and philosophy of international law
Reference:
Borodina E.A.
Legal obligations under the International Covenant on Economic, Social and Cultural Rights and the concept of sustainable development
// International Law.
2024. ¹ 4.
P. 74-88.
DOI: 10.25136/2644-5514.2024.4.72555 EDN: XDFCZX URL: https://en.nbpublish.com/library_read_article.php?id=72555
Abstract:
The article is devoted to the impact of the concept of sustainable development on legal obligations under the International Covenant on Economic, Social and Cultural Rights. The object of the study is the obligations to implement basic economic and social human rights, which form the minimum core of obligations in the field of sustainable development. The author examines in detail the relationship between economic growth, as well as the rational use of available resources by the states parties and their fulfillment of their obligations under the International Covenant on Economic, Social and Cultural Rights. Particular attention is paid to the intergenerational dimension of human rights, which has been formed under the influence of the concept of sustainable development, which necessitates a new interpretation of obligations under existing international human rights treaties. The methodological basis of the study was the dialectical method, the comparative legal method and the method of system analysis. Based on a comparative legal analysis of the acts of the International Committee on Economic, Social and Cultural Rights, the author concludes that the emphasis in its practice has shifted due to the increased relevance of the environmental and climate agenda for the realization of economic, social and cultural rights. The study revealed that the impact of the concept of sustainable development on the legal obligations of states is manifested through the prism of the use and replenishment of resources, as well as due to the need to comply with the principle of intergenerational equity.The author concludes that there is a new category of obligations – intergenerational obligations – and examines how the concept of progressive realization and the concept of minimum core obligations developed by the International Committee on Economic, Social and Cultural Rights can be used to determine their content.
Keywords:
minimum core obligations, treaty bodies, the concept of sustainable development, economic and social rights, human rights, intragenerational obligations, intergenerational obligations, The concept of progressive realization, positive obligations, obligations
Development of separate branches of international public law
Reference:
Gordeev A.
International legal aspects of the Black Sea Grain Initiative
// International Law.
2024. ¹ 4.
P. 89-106.
DOI: 10.25136/2644-5514.2024.4.72750 EDN: XOJHVU URL: https://en.nbpublish.com/library_read_article.php?id=72750
Abstract:
The subject of the study is the international agreements concluded within the framework of the Black Sea Grain Initiative as one of the humanitarian vectors of cooperation between states in the field of agriculture and food security under restrictive measures, as well as other international legal and non-legal acts. The object of the study is international interstate relations developing in the process of cooperation in the field of agriculture, food security, humanitarian cooperation, as well as interstate cooperation in the field of the use of the high seas and territorial waters. The purpose of the study was to analyze the international legal characteristics of the agreements concluded within the framework of the Black Sea Grain Initiative (BSGI), including determining the main prerequisites for their conclusion and identifying their significance for international law. In the course of the research, such methods of scientific cognition were used as: dialectical, method of analysis and synthesis, deduction and induction, statistical, system-structural, historical, formal legal, comparative legal, method of legal linguistics. The novelty of the study is determined by the fact that there is no research in the domestic doctrine devoted to the international legal characteristics of BSGI. As a result of the study, it was revealed that the main factors contributing to the BSGI were the negative impact of unilateral restrictive measures against the Russian Federation on the one hand and the armed conflict in Ukraine on the other hand. At the same time, unilateral restrictive measures against the Russian Federation affecting the domestic agricultural sector, by their legal nature, contradict the basic principles of international law. The international agreements within the framework of the BSGI had a humanitarian purpose and were mainly aimed at stabilizing global food security. The Memorandum and the Initiative concluded within the framework of the BSGI have different legal status and are not formally interrelated: The Initiative concluded by the Russian Federation, Turkey and Ukraine is an international treaty, whereas the Memorandum between the UN Secretariat and the Russian Federation is a non-legal agreement. The main importance of the BSGI for international law is as follows: states are able to cooperate with each other in order to ensure food security even in conditions of geopolitical tension; Russia is ready to faithfully fulfill its international legal obligations; it is necessary to further develop the UN mediation function in resolving issues related to ensuring global food security.
Keywords:
Black Sea Grain Initiative, UN mediaion, United nations, Memorandum, Food security, Unilateral restrictive measures, International treaty, Foodstuffs, Fertilisers, Political commitments
Integrational law and supernational associations
Reference:
Amiantov A.A., Sodikov S.D., Rabadanov I.R.
Interparliamentary cooperation in the context of representing and realizing national interests: foreign experience of Asian countries
// International Law.
2024. ¹ 4.
P. 107-120.
DOI: 10.25136/2644-5514.2024.4.72618 EDN: YQFIEV URL: https://en.nbpublish.com/library_read_article.php?id=72618
Abstract:
At the turn of the century, the role and place of interparliamentary cooperation institutions in international relations has increased. Identifying the reasons for the increased activity of interparliamentary cooperation structures makes the research topic relevant. The complexity, multifaceted nature, multi-vector and multi-actor nature of the modern global political process actualizes the search for new institutions, forms and technologies for the presentation of national interests. The article analyzes various projects and initiatives of inter-parliamentary cooperation carried out in a number of Asian countries from the point of view of their democratic legitimacy. The authors shows the numerous forms and conditions currently existing for cooperation between national parliaments. Based on the study of the content of multilateral meetings in the BRICS format, the authors traces the obvious readiness of large Asian countries to establish interstate relations on the terms of equality and mutual benefit of all participating parties. In this regard, the idea is substantiated about the importance of actively implementing the decisions of the leadership of the BRICS member countries through the parliamentary level and maintaining a constant dialogue to bring cooperation to a new level in various areas, such as economics and trade, the fight against poverty, as well as joint work in the field of international and regional issues in order to ensure peaceful coexistence and regional development of the member states. The authors focuses on the positive dynamics of the development of Chinese-Indonesian relations. The issue of developing legislative initiatives that will work towards achieving the main goals of BRICS in various areas continues to be controversial: development of common payment systems, expansion of cooperation in the judicial and legal sphere, creation of analogues of the IMF and the World Bank, etc.
Keywords:
Multilateral Diplomacy, Central Asia, International Law, multilateral dialogue, inter-parliamentary cooperation, law, CSTO Parliamentary Assembly, international cooperation, BRICS, International Relations
Development of separate branches of international public law
Reference:
Severgin A.D.
Jurisdiction of States in the metaverse
// International Law.
2024. ¹ 4.
P. 121-136.
DOI: 10.25136/2644-5514.2024.4.72828 EDN: YTSFAO URL: https://en.nbpublish.com/library_read_article.php?id=72828
Abstract:
The article is devoted to the study of the possibility and features of the establishment of jurisdiction by the state in the metaverse, a virtual space where state power may exist. The author analyzes the concept of the state territory, including the historical evolution of approaches to its understanding, and concludes that the metaverse can theoretically be considered as a continuation of the state territory. Based on this fact, a conclusion is drawn about the possibility of establishing both territorial and extraterritorial jurisdiction in the metaverse. The article highlights the features of establishing territorial jurisdiction in the metaverse through the localization of personal data, the prohibition (restriction) of information on the territory of the state, the "landing" of metaverse operators and on the basis of the doctrine of consequences. The possibilities of establishing extraterritorial jurisdiction in the metaverse based on universal and protective principles are also being considered. Special attention is paid to the "virtual twins" of states in the metaverse, which can be considered as a manifestation of the imperium of the state in virtual space for the purposes of establishing jurisdiction. The following methods were used in this article: formal-logical, historical-legal, comparative-legal research methods. The main conclusions of this study are that the theoretical consideration of the metaverse as an extension of the state territory allows us to shed light on the issues of establishing the jurisdiction of states in this virtual space. The author drew conclusions about the possibility of the state establishing territorial jurisdiction in the metaverse, where the territorial binding may be: personal data related to its citizens, the orientation of information to the territory of the relevant state, the activities of the organization controlling the metaverse on the territory of the state and the consequences on its territory. Conclusions were also drawn about the possibility of establishing universal jurisdiction in the metaverse if the development of the latter would make it possible to violate the norms of jus cogens within its framework. It was also concluded that it is possible to establish jurisdiction over actions in the metaverse based on the protective principle, since the metaverse can provide opportunities for actions that may affect the essential interests of States. "Virtual twins" of States, by analogy with national space objects, with ships or aircraft flying the flag of a certain State, are an extension of the state territory for the purpose of establishing jurisdiction.
Keywords:
Exterritorial jurisdiction, Sovereignity, Information, Power, Territory, Virtual twins, Virtual space, Metaverse, Jurisdiction, Territorial jurisdiction
International law and national law
Reference:
Haraman E.E.
International legal characteristics of the concept of «nuclear safety»
// International Law.
2024. ¹ 4.
P. 137-148.
DOI: 10.25136/2644-5514.2024.4.72846 EDN: ZEIYRK URL: https://en.nbpublish.com/library_read_article.php?id=72846
Abstract:
The issue of ensuring nuclear safety has remained important for many decades. The use of atomic energy for peaceful purposes, as well as the creation of nuclear weapons, have created new opportunities for human development in various fields, but at the same time it has become a potential source of global disasters that can pose a threat not only to national but also to international organizations. international security. The object of the research is the social relations that arise in the field of safety in the use of atomic energy. The subject of the work is the norms of international law, as well as the norms of Russian legislation regulating safety issues in the field of atomic energy use. The purpose of the article is to study the international legal and essential characteristics of the concept of nuclear safety. Systematic and formal legal scientific approaches were applied in the article to conduct the research and comprehensively disclose its subject. The research methodology includes methods such as analysis, synthesis, and the comparative legal method. The study presents the main international treaties related to nuclear safety issues, as well as the main regulatory legal acts of the Russian Federation governing the issue under consideration. The author analyzes the opinions of scientists on this issue contained in the legal literature. Based on the results of the study, the author formulated the following conclusions: 1) issues related to ensuring nuclear safety have not lost their importance at present, but they still remain relevant; 2) the concept of "nuclear safety" is not contained in any international regulatory legal act, as well as in the legislation of the Russian Federation; 3) there is a need to legislate a generally accepted definition. the concepts of "nuclear safety". The article presents the author's definition of nuclear safety.
Keywords:
nuclear technologies, nuclear weapons, radiation safety, nuclear safety, national security, security, national legislation, international treaties, international relations, atomic energy