INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Malichenko V.S.
International legal means of protecting human rights in health emergencies
// International Law and International Organizations.
2024. № 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
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.
Keywords:
scientific progress results, technology transfer, health emergencies, right to health, TNC, health technology, pandemics, security threats, intellectual property, vaccines
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Shugurov M.V.
The EAEU Member States and the Green Climate Fund: prospects for coordinated cooperation in the field of climate finance
// International Law and International Organizations.
2024. № 2.
P. 12-50.
DOI: 10.7256/2454-0633.2024.2.71516 EDN: NHUEWL URL: https://en.nbpublish.com/library_read_article.php?id=71516
Abstract:
The subject of the study is the system of relations between the EAEU member states and the Green Climate Fund in the field of financial support for climate programs and projects. The purpose of the study is to substantiate the model of coordinated interaction between the EAEU member states and the Green Climate Fund as one of the directions of the Union's climate agenda. The study demonstrated that several EAEU member states (Kyrgyzstan, Kazakhstan and Armenia) are actively implementing programs and projects supported by the Fund, which not only relate to various sectors, but also to the formation of a mature climate policy of these states. This group of States is at the stage of transition to a mature institutional phase of interaction with the fund. The author examines in detail the climate policy and the state of climate finance in these states. It has been established that another group of EAEU states (Russia and Belarus) do not participate in the Foundation's projects, but maintain specific relations with it. The methodological base of the research includes the following methods and approaches: historical and comparative methods, a systematic approach, a method of discursive analysis, a predictive method. The main conclusion of the study is that despite the difference in relations between the EAEU states and the Fund as a whole, the Union's climate agenda involves interaction with the Fund at the integration level as an international track for positioning the Union. The essence of this track is to expand integration into interaction with the global climate finance system in general and its individual structures in particular. The novelty of the study lies in the fact that for the first time in a comparative way, at the level of a thorough and comprehensive scientific study, an analysis of the interaction of the EAEU states with the Fund was carried out. It has been established that the CCF, at the level of supported programs and projects, not only contributes to the improvement of the climate policy of the member states, but also contributes to the development of the base of climate technologies in the Eurasian space. The contribution of the article to the subject area of research is the prediction of the Fund's importance in the implementation of the EAEU climate agenda and support for integration climate projects.
Keywords:
international sanctions, climate policy, green development, climate technologies, climate projects, green finance, EAEU, climate agenda, integration processes, renewable energy
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Spiridonov A.P., Murashkin I.Y.
International control in the field of anti-corruption:
yesterday, today, tomorrow
// International Law and International Organizations.
2024. № 2.
P. 51-67.
DOI: 10.7256/2454-0633.2024.2.69951 EDN: AOQLIU URL: https://en.nbpublish.com/library_read_article.php?id=69951
Abstract:
The global processes of world politics in recent years have led to a shift in emphasis in the field of combating corruption at the interstate level away from the basic principles of international cooperation and, as a result, to the leveling of one of the directions of ensuring international security. The current situation can lead to the destabilization of the global economy, a decrease in the level of public confidence in the activities of public authorities, and often to social tension in society. These trends have become the subject of research by the authors of this work, and its purpose is to identify prospects for the development of international cooperation in the field of ensuring compliance with international treaties to minimize the impact of corruption on political, economic and social processes, opportunities and mechanisms for eliminating emerging contradictions in relations between states and political blocs, determining the place and role of the Russian Federation in these processes. Such studies have not been conducted to date. The paper examines paradoxical phenomena in international relations and recent attempts by political elites in a number of Western countries to destabilize the political situation, including by excluding Russia from the spheres of international cooperation, including those related to ensuring compliance with international law aimed at minimizing corruption manifestations. The role of the most powerful players in world politics, their experience in establishing international relations, as well as in developing national traditions of combating corruption, which led to conclusions about the need to consider the Russian Federation as the most likely initiator of the creation of an international organization to ensure compliance with anti-corruption legislation standards, was studied and evaluated.
Keywords:
GRECO, BRICS, Convention against Corruption, international organization, international control, norms of international law, international law, anti-corruption, corruption, anti-corruption activities
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Zhang Z., Yin Y.
The legal status of planetary defense and its revelation
// International Law and International Organizations.
2024. № 2.
P. 68-82.
DOI: 10.7256/2454-0633.2024.2.70118 EDN: AXPGAU URL: https://en.nbpublish.com/library_read_article.php?id=70118
Abstract:
In recent years, asteroid impacts and planetary defenses have begun to attract more attention from countries. Nevertheless, the current space law still has uncertainty on a number of issues of planetary defense. Given the fact that planetary defense technology is associated with the use of space weapons, as well as the practical importance of this activity, it is necessary to study the legal status of planetary defense. From the point of view of space law research, planetary defense technologies can be divided into two types: nuclear and non-nuclear means. Regardless of whether planetary defense nuclear technology will receive a clear legal basis in the future, nuclear and non-nuclear planetary defense technology should be properly controlled and limited by multilateral cooperation mechanisms, while promoting the use of planetary defense technology for peaceful purposes. The research methods used in this article include the study of literature, analysis of international law, analysis of specific cases and mechanisms of multilateral cooperation to explore the possibilities of the legal status of planetary defense technologies. The novelty of this article lies in a comprehensive study of the legal status of planetary defense technology. Taking into account the specifics of planetary defense technologies and the need for the peaceful use of outer space, the importance of multilateral cooperation mechanisms is emphasized and a specific analysis of the use of nuclear and non-nuclear means is carried out. The article notes that, in accordance with the current legal framework of space law and arms control, planetary defense is not the use of force prohibited by the Charter of the United Nations, and that planetary defense by non-nuclear means does not violate the Outer Space Treaty. However, planetary defense by nuclear means may be limited by the norms of international law in the field of arms control. Both nuclear and non-nuclear planetary defense technologies should be properly monitored and limited by multilateral cooperation mechanisms to ensure the achievement of their peaceful goals. In general, this article provides a comprehensive and constructive analysis and conclusions about the legal status of planetary defense technology, provides background information for relevant decision makers, and highlights the importance of a multilateral cooperation mechanism to promote the rational development and peaceful use of planetary defense technology.
Keywords:
International law, Legal framework, Peaceful use, Non-nuclear means, Multilateral cooperation mechanism, Legal status, International Cooperation, Arms Control, Outer Space Treaty, Planetary Defense
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Golikova O., Salnikova A.I.
Interaction of the system of national and international law of the Russian Federation in the light of the adoption of constitutional amendments
// International Law and International Organizations.
2024. № 2.
P. 83-91.
DOI: 10.7256/2454-0633.2024.2.34420 EDN: BDXYBD URL: https://en.nbpublish.com/library_read_article.php?id=34420
Abstract:
The interaction of the norms of national and international law is a matter of undoubted relevance. Modern integration processes do not leave states aside, involving them in the global network of interaction. Relations between participants in international relations are regulated by certain rules-principles, one of which is pacta sunt servanda (agreements must be fulfilled), establishing the need to implement those conditions that are provided for in a specific document. The subject of this study is the changes in the vector of relations between the Russian state and the European Court of Human Rights in the light of the adoption of constitutional amendments in July 2020. The evolution of the interaction of two mechanisms – national and supranational law – is considered in the light of the development of the integration dialogue between the Russian Federation and the ECHR from the moment our country ratified the European Convention for the Protection of Human Rights and Freedoms (Rome Convention of 1950) until July 2020. The position of the Chairman of the Constitutional Court of the Russian Federation V.D. Zorkin is analyzed in the format of the formulated doctrine of national constitutional identity, which determines the position of the Constitutional Court when considering decisions made by the European Court against the Russian state. The novelty of the article lies in the fact that it provides for the first time a comprehensive analysis of the problem of interaction between two legal systems (international and national law) in light of the adoption of constitutional amendments and the Federal Law of 09.11.2020 No. 365-FZ "On Amendments to the Federal Law "On Security". As a result of the study, it can be concluded that the change in the foreign policy rhetoric of the Russian state has become a natural stage in the development of the country in the post-Soviet space, and the introduction of amendments to the Constitution and the Federal Law only consolidated the established practice of relations, the beginning of which was laid by the adoption of the Constitutional Court Resolution of 14.07.2015 No. 21-P.
Keywords:
The Constitution, the constitutional Court, Rome Convention, constitutional amendments., resolutions, rights, international law, rights protection, national law, implementation