Korzhenyak A.M. —
From Bentham to Hart: Dynamics of Development of Juspositivism Key Ideas in the English-Speaking World (XIX - XXI Centuries)
// Law and Politics. – 2024. – ¹ 12.
– P. 16 - 47.
DOI: 10.7256/2454-0706.2024.12.69574
URL: https://en.e-notabene.ru/lpmag/article_69574.html
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Abstract: This article analyzes the peculiarities of the development of legal positivism (juspositivism) in the countries of the Anglo-Saxon legal family. This approach to legal understanding was developed by professional lawyers and reflects the specifics of their legal consciousness focused on the study of positive law and its practical implementation. The key concepts defining the historical trajectory and problem field of legal positivism in the Anglo-American tradition, namely the legal teachings of Thomas Hobbes, David Hume, Jeremy Bentham, John Austin, Matthew Hale, William Blackstone, John William Salmond, William Jethro Brown, Herbert Hart are explored.
As a result of the research the author made the following conclusions. The theoretical basis of the “first” legal positivism in England was largely laid by the political-legal teachings of T. Hobbes, in which it is possible to identify some common features with the legal concepts formulated by J. Bentham. The methodological basis for the British theories of legal positivism can be found in the concept developed by D. Hume. It presupposes the separation of two spheres: that which ought to be (“proper”) and that which is in effect (“essence”). At the same time, it is argued that the object of cognition and scientific research should be only the area of “essence”. The peculiarities of the genesis of the key institutions in the family of common (precedent) law determine the directions of the development of juspositivism concepts in the Anglo-American tradition. However, it is important to fix the special manifestations peculiar to “common law” and ways of adapting them to the provisions and principles of analytical jurisprudence. The paper also provides a brief overview of selected criticisms of Herbert Hart’s positivist project by John Finnis, Joseph Raz, Neil McCormick, and some other representatives of contemporary analytic jurisprudence.
Korzhenyak A.M. —
Prevention of armament race in outer space: the questions of biosafety and countering WMD terrorism
// International Law. – 2021. – ¹ 4.
– P. 71 - 81.
DOI: 10.25136/2644-5514.2021.4.36573
URL: https://en.e-notabene.ru/wl/article_36573.html
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Abstract: This article comprehensively analyzes the legal mechanisms for preventing the armament race in outer space, as well as international legal issues of ensuring biosafety. The author examines the Russian initiative in counteracting chemical and biological terrorism, which is the most promising instrument for overcoming the gaps in international law. Recommendations are made on strengthening the modern system of international agreements in area of international humanitarian law and law of international security. The object of this research is the relations between the actors of international law in the sphere of biosafety, countering chemical and biological terrorism, and prevention of the armament race in outer space. Methodological framework is comprised of the formal-legal, system-functional, normative-dogmatic, and analytical methods. The conclusion is made that due to the absence of prohibiting provisions in the existing norms of international law, the weapons that do not fall under the category of weapon of mass destruction, may theoretically appear and be applied in outer space, which would undermine the strategic stability, pose a real threat to the international peace and security, and as well as cause a “mirror” response from other key players in outer space. There is currently no alternative to the China-Russia PAROS treaty (Treaty on the Prevention of the Placement of Weapons in Outer Space). With regards to the questions of biosafety, the participant countries of the Biological Weapons Convention must continue to advocate for the adoption of a Protocol to the Convention with the effective mechanism of verification , which is blocked by the United States, and resist the proposals of the United States to create politically motivated and subjective mechanisms that would bypass the procedures of the Biological Weapons Convention.
Korzhenyak A.M. —
On the international legal regulation of cooperation between air transport companies
// International Law. – 2021. – ¹ 3.
– P. 40 - 50.
DOI: 10.25136/2644-5514.2021.3.36527
URL: https://en.e-notabene.ru/wl/article_36527.html
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Abstract: The subject of this research is the problematic aspects of international legal regulation of cooperation between airways. The author reviews the fundamental international treaties in the sphere of international air transportation (international air law). Special attention is given to examination of different types of bilateral agreements on air transport or air communication. Analysis is conducted on the advantages and disadvantages of the structure of bilateral regulation; different classification of the alliances in Russian and foreign scientific literature. The conclusion is made that although initially, the strategic alliances were created to improve the welfare of air transport companies by reducing costs, currently there is market, concentration with overwhelming share of the three largest alliances. Stiff competition forces to join one or another alliance in order to share in the international air carriage, which clearly indicates the tendency to globalization of air transport. There is no doubt that the countries constantly use the methods of bilateral regulation for obtaining vast benefits. Currently, further development of bilateral and multilateral (namely regional) cooperation in the sphere of international air carriage aimed at liberalization of international air transport is of major importance. This is the most efficient and fastest means of communication between the countries. The conclusion is made on the insufficient and fragmentary nature of international legal regulation of airways cooperation. The author advances the idea of going beyond private law regulation and creating a universal international legal mechanism that would help to overcome the problem of discrimination against third countries.