Maslova S.V. —
Taxonomies of "sustainable development" and "green" projects as legal instruments for achieving sustainable development goals and "green legislation"
// Legal Studies. – 2023. – ¹ 11.
– P. 98 - 107.
DOI: 10.25136/2409-7136.2023.11.69104
URL: https://en.e-notabene.ru/lr/article_69104.html
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Abstract: The article is devoted to a new tool of Russian legislation and law enforcement practice – the taxonomy of "sustainable development" and "green" projects. The subject of the study is the understanding of the prerequisites for the adoption and regulatory content of the taxonomy, determining its significance for the development of legal regulation in the light of the concept of sustainable development, as well as its practical value for increasing investments in "green" and "sustainable" infrastructure, improving social and environmental indicators of the population. The relevance of the study is related to the lack of precisely the normative tools for the qualification of "sustainable development" projects, "green" and "climate" projects has long been considered one of the main barriers hindering the development of the Russian market of "sustainable" and "green" financing, as well as increasing demands for streamlining approaches to such projects.
The main research methods were general scientific methods - formal-logical, systemic and functional. Special attention is paid to the comparative legal analysis of the taxonomies of Russia, Kazakhstan and China. The Russian taxonomy has laid the regulatory foundation for the market of sustainable, including green financing in the Russian Federation, and has the potential to contribute to the expansion of its scale. And although through its adoption, the fundamental problem of ensuring sustainable development has not been solved in the legal field. Nevertheless, it introduced terminological (conceptual) certainty, reduced the asymmetry of the goals and objectives of legal regulation of investment and environmental relations, which is also an extremely important task of legal regulation. In the absence of clear goal-setting and normative definitions, new legal and economic categories are given different meanings, which negatively affects the emerging regulation of this sphere of relations. Future tasks related to the development of optimal legal structures for regulating relations arising from the preparation and implementation of projects of "sustainable" development and "green" projects will be solved more effectively, largely due to the foundations laid by the Russian taxonomy.
Maslova S.V. —
Vector of development of international legal regulation in the sphere of public-private partnership
// Law and Politics. – 2021. – ¹ 11.
– P. 26 - 32.
DOI: 10.7256/2454-0706.2021.11.37042
URL: https://en.e-notabene.ru/lpmag/article_37042.html
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Abstract: The subject of this research is the prospects for the development of international legal regulation of public-private partnership. The question is raised on the diminishing role of the state in regulation of international and transboundary relations in the sphere of public-private partnership. The author indicates a quite noticeable replacement of traditional regulatory processes, the key role in which is played by the states, with informal processes of international rule-making, in which the lead is taken by non-state actors. It is substantiated that the absence of international convention on public-private partnership negatively affects the regulation of relations in the sphere of public-private partnership. Leaning on the domestic and foreign scientific literature, the author outlines the vector of development of international law in the sphere of public-private partnership, as well as substantiates the need for adopting the international framework convention on public-private partnership. Analysis is conducted on the special forms of interaction between international law and national law in the sphere of public-private partnership, as well as on correlation between international law and non-legal regulators of public-private partnership. The article describes the key aspects of the content of the international framework convention on public-private partnership. The novelty of consists in establishment of the vector of development of international legal regulation of public-private partnership. Based on the “clash” of private law and public law approaches towards regulation of international investment relations, the author substantiates the comprehensive approach towards regulation of public-private partnership.
Maslova S.V. —
Lex PPPs as a source of regulation of cross-border relations in the sphere of public-private partnership and the role of international organizations in formation of Lex PPPs
// International Law and International Organizations. – 2021. – ¹ 4.
– P. 1 - 10.
DOI: 10.7256/2454-0633.2021.4.36516
URL: https://en.e-notabene.ru/mpmag/article_36516.html
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Abstract: Modern international and cross-border relations in the sphere of public-private partnership (PPP) undergo transformations caused by globalization processes, which leads to the amendments in their legal regulation. The impact of non-state actors increases. Although the toolset for influencing cross-border relations in the sphere of PPP retains its legal core, it is being extended by the rules established by non-state actors outside the international and national legal systems, and carry no legal weight. For PPP as a form of interaction between the state and private investment and business structures, such transformations are particularly noticeable and require precise legal qualification. The scientific novelty of this research consists in providing definition in the international legal doctrine to Lex PPPs as the regulator of cross-border relations in the sphere of public-private partnership. Based on the dialectical, logical, and formal-legal methods, assessment is given to the role of international organizations in the formation of Lex PPPs. In conclusion, the author clarifies the role of Lex PPPs within the system of regulators of public-private partnership, namely that it should not expel the legal regulation of cross-border relations in the sphere of public-private partnership; as well as offers to seek for the new forms of correlation between international law and Lex PPPs and their consolidation through the international legal regulation of public-private partnership.
Maslova S.V. —
On the concept of international standards of public-private partnership
// International Law. – 2021. – ¹ 3.
– P. 15 - 25.
DOI: 10.25136/2644-5514.2021.3.36518
URL: https://en.e-notabene.ru/wl/article_36518.html
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Abstract: The scope of international legal regulation of public-private partnership (PPP) is being expanded due to the extended range of intergovernmental relations and relations involving international organizations of public-private partnership, as well as extension of the scope of international law to cross-border relations regarding PPP. A relatively small number of international conventional rules and legal norms that regulate the relations in the sphere of public-private partnership have not yet been codified in the form of a multilateral international treaty. Gaps in the international legal regulation activate non-formal processes of managing international and cross-border relations in the sphere of public-private partnership with prevalence of the international intergovernmental organizations. The scientific novelty lies in articulation of the problem of formulation and application of the international standards of public-private partnership as the results of such non-formal processes of international rulemaking of international organizations. Using the formal legal and comparative legal methods, generalization and abstraction, the author formulates the definition of international standards of public-private partnership, discloses their content and difference from the international standards in other spheres of international relations, assesses their legal nature, problems and prospects of their formation. It is substantiated that the development of international standards of public-private partnership would be facilitated by establishment of their adoption procedure in the conditions of cooperation of all international organizations that perform a regulatory function in the sphere of public-private partnership.