Gao Y., Bolotov M.V. —
Legal aspects of ensuring national security in the sphere of subsoil use of natural gas in Russia and China
// Legal Studies. – 2022. – ¹ 2.
– P. 1 - 17.
DOI: 10.25136/2409-7136.2022.2.37382
URL: https://en.e-notabene.ru/lr/article_37382.html
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Abstract: In the current context, the goals of Russia and China in achieving "carbon neutrality" by 2060 and strengthening their own energy resource and environmental security, the comparative study of the laws on transition towards low-carbon energy sources and new environmental standards declared by both countries is relevant and urgent. The subject of this research is measures to reform legislation in the sphere of exploration and extraction of natural gas in Russia and China, which can be divided into the following aspects: reform of the legislative system on the mineral resources and competitive transfer of the right to use the subsoil plots, reform of the law "On Foreign Investment" and definition of state strategic mineral resources, legal system of environmental protection, and reform regarding the protection of environmental resources in the mining districts. Based on comparative research in various legal disciplines, the author generalizes and analyzes the similarities and differences in ensuring resource and environmental security in Russia and China. This article summarizes the experience and shortcomings of Russia and China in maintaining balance between the national resource security and environmental security aimed at the achievement of "carbon neutrality". Stemming from the fact that both countries manage the appropriate resource and environmental security, China should adopt the Russian experience and transform the administrative provisions of the lower level associated with the protection of resources and environmental security into legislative acts, in order to enhance their law enforcement, compulsory and deterrent authority. Russia, in turn, should also resort to the experience of China in implementation of the factors of market competition in the sphere of exploration of oil and gas, as well as encourage and motivate foreign or domestic private capital to contribute to oil and gas exploration and help Russia to upgrade its equipment and boost production.
Gao Y. —
Data sovereignty and national security in China’s legal system (based on the dispute over the share allotment of the company “DiDi Taxi” on the New York Stock Exchange
// National Security. – 2021. – ¹ 6.
– P. 99 - 111.
DOI: 10.7256/2454-0668.2021.6.37260
URL: https://en.e-notabene.ru/nbmag/article_37260.html
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Abstract: This article analyzes the modern concepts of data sovereignty, as well as the corresponding issues of their practical application. Based on the example of China as the country with the largest in the world number of Internet users and developed economy, description and critical assessment is given to the existing approaches towards data sovereignty, taking into account the international law experience. The conclusions acquired in the course of theoretical analysis are proven on the case of the company “DiDi Taxi”, the share allotment of which on the New York Stock Exchange has been terminated due to posing risks to the information sovereignty of the People's Republic of China. It is established that the modern concepts of “data sovereignty” are based on application of the methodology of previously existing branches of legal science on the storage, processing and transmission of data; therefore, the explanations developed on their basis cannot be acknowledged as universal and fully meeting the specificity of the object of regulation. Based on the case of “DiDi Taxi”, the author formulates the objective criteria that may underlie the restriction of the right of the company to freely use the following data: number of users, scope of data, and possibility of their preliminary verification). Special attention is given to the problems associated with the attempts of the United States to revise the principle of determination of the state jurisdiction of data, which has established in the international practice, based on the principle of data localization. It is noted that the establishment of such regulation is unacceptable and may lead to political and economic conflicts in the future. The obtained results give an adequate perspective on the current concept of data sovereignty and the related issues, thereby drawing the interest of law enforcement agencies and scholars dealing with the national security issues.