Novikov O.A., Nadtochii I.O. —
Metaconfederation as a Subject of Global Law of the Future
// International Law. – 2022. – ¹ 4.
– P. 42 - 48.
DOI: 10.25136/2644-5514.2022.4.39203
URL: https://en.e-notabene.ru/wl/article_39203.html
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Abstract: The subject of the study of the article presented by the authors are the subjects of that system of global regulatory regulation, which historically is called international law. The object of the study is a variety of connections that develop between the subjects of global relations, regulated on the basis of the principles and norms of the system of international law. The authors propose a gradual departure from the usual names adopted in the modern theory of international law, and, in particular, propose new definitions: "global law" and "metaconfederation". The definitions proposed by the authors are a reflection of the ongoing deep evolution of global relations and the process of the emergence of new subjects of these relations.
The novelty of the study lies in the authors' proposal of a new definition for the theory of international law: "metaconfederation". The study of the phenomenon of metaconfederations is, according to the authors, a promising vector for future scientific research. Global metaconfederations are the prototype of the main, if, in principle, not the only subject of the global law of the future.
The root "meta-" is a marker of the complexity of the internal structure of the subject of global law under study and its extraterritoriality. For its part, the use of the term "confederation" emphasizes the maximum freedom of the internal organization of the subjects of the global law of the future.
Nadtochii I.O., Shishov A.V., Borsyakov Y.I. —
The “philosophy” of economic diplomacy as an instrument of “soft law”: history and modernity
// International Law and International Organizations. – 2021. – ¹ 4.
– P. 126 - 134.
DOI: 10.7256/2454-0633.2021.4.36891
URL: https://en.e-notabene.ru/mpmag/article_36891.html
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Abstract: The subject of this research is the phenomenon of economic diplomacy as an instrument of “soft law”, which is becoming widespread in the international relations of modern multipolar world. The object of this research is the international relations and the impact of international legal norms upon formation of their peculiarities. Attention is given to the differences between “soft” and “hard” international law, as well as international and “quasi-international” law. The author explores various historical aspects of international relations, within the framework of which are implemented certain legal mechanisms and instruments. Incompletion of evolution of the phenomenon of “soft law” at the present stage is observed. The conclusion is made that the task of “soft law” in international relations lies in the use of the established international legal toolset and correction of the global world order to the benefit of a certain country of group of countries. It is noted that that key criterion that determines “soft law” as a unique instrument of international relations and international law is the nature of the means that without the extensive use of non-legal instruments. At the same time, the authors claim that in a number of cases, the emergence of legal mechanisms is the result of continuous application of “soft law”.
Nadtochii I.O., Nikishin S.V. —
Conflict between an individual and the state in the concept of Max Stirner
// Conflict Studies / nota bene. – 2021. – ¹ 4.
– P. 12 - 23.
DOI: 10.7256/2454-0617.2021.4.36903
URL: https://en.e-notabene.ru/cfmag/article_36903.html
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Abstract: The subject of this research is the views of the German classical philosopher Max Stirner on the individual, society, and the state reflected in his flagship work “The Ego and Its Own”. The object of this research is the anarchism as a unique trend in the world political and philosophical thought. On the one hand, the author emphasize the determinedness of the ideas of German philosopher by the historical atmosphere of his time, while on the other – view anarchism as the doctrine with the equally long history in the world thought and practical implementation of the anarchist concepts. The focus of M. Stirner's ideas lies in the conflict between an individual and the state. The scientific novelty of this article consists in the analysis of the essential conceptual conflict, immanent to the history of mankind, which is the foundation for M. Stirner’s original concept of the relationship between an individual, the state, and surrounding world. The trueness of being in the concept of German philosopher is determined by the embodiment of the anthropocentric, or according to M. Stirner, the “egoistic” ontological ideal. The authors' special contribution consists in the analysis of views of M. Stirner, as well as in tracing correlation between the anarchist concepts and realization of the ideas of anarchism in one or another form. The authors show no reference to any value judgments related to this ideological phenomenon.