INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Khadyrov R.Y.
Political, Economic Aspects and Prospects of Tajikistan's Integration Policy
// International Law and International Organizations.
2023. № 1.
P. 1-11.
DOI: 10.7256/2454-0633.2023.1.39865 EDN: IPJXTR URL: https://en.nbpublish.com/library_read_article.php?id=39865
Abstract:
The article reveals the debatable topic of analyzing the balance of political, economic costs and benefits when choosing a responsible integration decision on Tajikistan's entry into the Eurasian Economic Union. The official positions of the government, expert opinions of supporters, skeptics and opponents of the country's participation in the economic union are considered. The argumentation about the adoption by the leadership of Tajikistan of a responsible political decision ensuring further socio-economic modernization of the country as part of the Eurasian Economic Union is substantiated. On May 29, 2014, the Presidents of Russia, Belarus and Kazakhstan signed an agreement on the establishment of the Eurasian Economic Union (EAEU), Armenia joined the EAEU on January 2, 2015, and Kyrgyzstan on May 8. It seemed obvious that in the political and economic elites of the Republic of Tajikistan, the understanding of long-term economic and political benefits will prevail, their predominance over short-term risks of reducing customs and tax revenues, and the country will become the next member of this integration union. However, the leadership of the Republic of Tatarstan did not take the initiative to join the EAEU. For 8 years, the possible membership of the Republic of Tajikistan in the EAEU has been actively discussed in the scientific, expert community and the media, but the government structures of the Republic of Tajikistan have actually stopped in the integration movement, justifying this by the need for a deeper consideration of national interests, a detailed calculation of benefits and risks when joining the economic union. Let's agree that the analysis of the balance of political and economic benefits and costs is really necessary for making strategic development decisions.
Keywords:
integration loyalty, integration risks, advantages of integration, integration, economic aspects, political aspects, EAEU, Tadjikistan, foreign policy decisions, management decisions
INTEGRATION LAW AND SUPRANATIONAL UNIONS
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.
P. 12-25.
DOI: 10.7256/2454-0633.2023.1.39923 EDN: CVWCTO URL: https://en.nbpublish.com/library_read_article.php?id=39923
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.
Keywords:
artificial intelligence, cyberterrorism, cloud infrastructure, digital public procurement, gatekeeper companies, antitrust requirements, digital services, copyright protection, personal data, crypto assets
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Giris V.A.
Legal Status of European Union Bodies and Institutions in the Field of Cybersecurity
// International Law and International Organizations.
2023. № 1.
P. 26-41.
DOI: 10.7256/2454-0633.2023.1.39986 EDN: CNSRAT URL: https://en.nbpublish.com/library_read_article.php?id=39986
Abstract:
The relevance of the reasearch topic stems from the fact that different state bodies are involved in addressing cybersecurity services. While each of the state bodies has their own goals and objectives, the successful resolution of the issues entirely depends on their effective cooperation. The existing resources and expertise available in the EU member states and corresponding EU institutions, bodies and agencies provide a solid basis for a collective response to cybersecurity threats. As a result, the EU has established a system of cyber security risk management bodies. The purpose of this article is to investigate the activities of key EU cyber security authorities. To achieve this goal and analyse the activities of the main EU bodies in the field of cybersecurity , the author has used several methods, such as the systematic approach, the formal-legal method, the comparative-legal method and the historical method. The author has come to the conclusion that cooperation and information exchange are essential elements in addressing cyber security issues. At the same time, to achieve coherence among cyber security bodies, the EU is taking measures to strengthen their joint work. In addition, it has been concluded that the EU, as a regional integration organization where member states act on the basis of mutual trust, is a reliable platform for addressing cyber security issues.
Keywords:
information security, cyber attack, cyber space, cyber defence, cyber resilience, cyber threats, cyber security, EU law, cybercrime, cyber incident
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Topornin N.B.
Legal Framework for the Regulation of Sanctions Measures in the European Union
// International Law and International Organizations.
2023. № 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
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.
Keywords:
european values, High Representative, CFSP, Lisbon Treaty, international law, EU, Common foreign policy, European Union, restrictive measures, sanctions
International courts
Reference:
Shinkaretskaya G.G.
Digital Evidence in the Process of the International Court of Justice
// International Law and International Organizations.
2023. № 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
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.
Keywords:
reliability of evidence, smartphone, computer disks, experts, witnesses, digital information, international trial, evidence, Internet, international legal regulation
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Rednikova T.V.
The Significance of CITES for Biodiversity Conservation: Semi-century Experience
// International Law and International Organizations.
2023. № 1.
P. 67-78.
DOI: 10.7256/2454-0633.2023.1.40063 EDN: ABUVGC URL: https://en.nbpublish.com/library_read_article.php?id=40063
Abstract:
Today, global smuggling of endangered animals and plants is second only to drug trafficking. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which came into force in 1975, was a major step in protecting our planet's biodiversity. It covers more than 40,900 species, including some 6,610 animal species and 34,310 plant species, as listed in its three annexes. The Convention is perhaps one of the most effective means of protecting biological diversity and its components in international law. The Russian Federation has been a party to CITES since 1992. Since then, the country has conducted a significant number of programs to control the number and turnover of rare and valuable species, and the area of protected areas is constantly expanding. In the 50 years since the Convention was signed, CITES has created a sustainable global structure that effectively ensures, that threats from legal trade to the survival of wild animal and plant species are minimized. It has also created a framework for combating illegal trade in wild species between states parties to the convention. Nevertheless, many issues still need to be resolved. National legal systems around the world must provide effective sanctions for illegal encroachments on wildlife components, as well as include measures to counteract new forms of illegal trade, in particular through the legal internet, as well as the illegal Darknet, where advertisements for goods and services that are not legally traded have moved in recent years.
Keywords:
biological species, wild animals, illegal trade, legal regime, international agreements, biodiversity, CITES, convention, legal protection, law
NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Reference:
Duben A.K.
International Legal Basis of Information Security: Results and New Challenges
// International Law and International Organizations.
2023. № 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
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.
Keywords:
legal regulation, threats and risks, information law, international organizations, international law, international security, cooperation, information security, transformation of law, information society
NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Reference:
Sergeeva A.A., Sokolova E.V., Pitulko K.V.
Qualification by the European Court of Human Rights of Degrading Treatments in Penitentiary Institutions
// International Law and International Organizations.
2023. № 1.
P. 88-96.
DOI: 10.7256/2454-0633.2023.1.40082 EDN: ARLWUN URL: https://en.nbpublish.com/library_read_article.php?id=40082
Abstract:
The authors examines the legal positions formulated by the European Court of Human Rights in relation to the compliance of Russian legislation and the practice of its application with the criteria of inadmissibility of cruel and humiliating treatment of convicts. Despite the termination of Russia's cooperation with European inter-state human rights bodies, the long experience of interaction with them has made it possible to identify certain shortcomings in the national penitentiary system and outline ways to eliminate them. A number of decisions of the European Court of Human Rights have been creatively interpreted in Russian legislation, and this has contributed to improving the legal status of persons sentenced to imprisonment. Based on a critical analysis of the key negative characteristics of the penal enforcement system, the authors identified the main directions of the impact of the decisions of the interstate human rights body on the formation of a new penal enforcement policy that contributes to improving the protection of the rights, freedoms and legitimate interests of citizens serving a sentence of imprisonment. To date, the relevance of this has remained, although the legal positions of the European Court of Human Rights are not and have never been sources of Russian law. The improvement of penitentiary legislation is a significant direction of the criminal policy of the state, therefore, the author's conclusions are of interest for rule-making activities.
Keywords:
crime, legal status, penitentiary reform, convict, humiliation of dignity, tortures, cruel treatment, penal system, human rights, penalty