NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Reference:
Gazina N.I.
The Practice of International Bodies on the Problems of Using Genetic Medical Technologies: Classification, Overviews of the Legal Cases
// International Law and International Organizations.
2022. № 4.
P. 1-10.
DOI: 10.7256/2454-0633.2022.4.38899 EDN: BJLVWS URL: https://en.nbpublish.com/library_read_article.php?id=38899
Abstract:
The purpose of this paper is to attempt to classify the practice of international bodies that is significant for understanding the legal features of the use of genetic technologies as well as to provide a brief overview of some of the ECtHR cases that are key to identifying the general trends in human rights protection in the use of genetic technologies. The author provides an analysis of the ECtHR cases, which reveal some aspects of informed consent in medical activities and also addresses the more specific issue of prenatal genetic testing. The conclusion is drawn that it is advisable to classify cases of international bodies on the application of genetic technologies into two main categories: cases concerning particular issues of the application of genetic technologies and cases containing fundamental legal positions on the application of medical technologies, including genetic ones. It is necessary to consider both categories of cases in order to clarify the official interpretation of international norms and principles for the protection of human rights in the area at issue. For example, the analysis of practice in a broad category of medical cases provides insight into how the ECtHR discusses the principle of informed consent through the interpretation of the right to privacy enshrined in article 8 of the ECHR. However, a narrow focus on cases directly arising from the application of genetic technologies allows the inference of general requirements for legal regulation and human rights in subject areas such as genetic testing.
Keywords:
European convention on human rights, right to private life, right to health care, reproductive rights, informed consent, Oviedo Convention, ECtHR, genetic testing, genetic technologies, human rights
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Kudelkin N.
International Legal Protection of the Marine Environment from Plastic Pollution
// International Law and International Organizations.
2022. № 4.
P. 11-21.
DOI: 10.7256/2454-0633.2022.4.38947 EDN: DTKMOK URL: https://en.nbpublish.com/library_read_article.php?id=38947
Abstract:
The subject of the work is the norms of international law regulating the protection of the marine environment from plastic pollution. The purpose of the work is to analyze the existing international legal regulation in the field of protection of the oceans from plastic pollution and to develop recommendations aimed at improving the level of protection of the marine environment. In the process of preparing the work, various methods, means of cognition and logical techniques were used, such as analysis, synthesis, deduction, induction, etc. Currently, plastic pollution is one of the main threats to the oceans, every year a huge amount of plastic debris from various sources located both directly in the marine environment and on land enters the marine environment. Plastic pollution is detected even in the most remote corners of the planet, while the level of pollution in them is comparable to industrially developed areas. High concentrations of microplastics are found even in the Arctic sea ice, while it is at least two orders of magnitude higher than in the heavily polluted surface waters of the Pacific Ocean. These facts speak both about the urgent need to develop legal protection of the marine environment from pollution, and about the high degree of relevance of the research topic, its practical and scientific significance. The conducted research allowed us to come to a number of conclusions and proposals of a practical and theoretical nature. Among them is a proposal on the need to include in Annex 1 to the International Convention on the Control of Harmful Antifouling Systems on Ships those antifouling systems that are a source of microplastics entering the marine environment. Among other things, based on the data on plastic pollution of the world's oceans, it is concluded that the current system of legal protection of the marine environment from pollution does not cope with this problem.
Keywords:
marine environment protection, environmental protection, biodiversity, microplastics, plastic garbage, World Ocean, international law, marine pollution, plastic pollution, sustainable development
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Svetskiy A.V.
Legal Protection of the Marine Environment During the Transportation of Oil Products: International Legal Aspects
// International Law and International Organizations.
2022. № 4.
P. 22-33.
DOI: 10.7256/2454-0633.2022.4.39139 EDN: CEKZZO URL: https://en.nbpublish.com/library_read_article.php?id=39139
Abstract:
The article discusses the risks that arise for the environment during the production and transportation of hydrocarbons. Irreparable damage to the environment is caused as a result of accidents on ships and oil platforms, the consequences of which have been felt for many decades, while the greatest harm is caused by accidents occurring in high latitudes. These include: pollution of the water area following an emergency oil spill, the likelihood of a fire or explosion both on board during transportation and in the port at terminals. Emergency situations may arise as a result of exposure to hard weather conditions, technical malfunctions of the vessel, collision with other vessels, pirate attacks, etc. The article analyzes the provisions of international acts of the greatest interest in the field of protection of the marine environment from hydrocarbon pollution, such as the United Nations Convention on the Law of the Sea (UNCLOS) of 1982, the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), the International Convention for the Safety of Human Life at Sea (SOLAS 74/88), "International Code for Ships Operating in Polar Waters (Polar Code)". Proposals have been formulated to improve international and national regulation regarding the legal protection of the marine environment from oil pollution. Thus, it seems expedient to minimize the risks of emergency situations to think about combining the relevant provisions of all conventions into a single document, while eliminating gaps in both international regulation and national legislation in the field of marine transportation of hydrocarbons, to pay increased attention to environmental safety issues.
Keywords:
environmental protection, oil, Northern Sea Route, marine environment, liquefied natural gas, transportation, Convention, legal regulation, pollution, oil slick
International law and international organizations interaction
Reference:
Shugurov M.V.
Political and Legal Mechanisms of Interaction between the EAEU and its Member States and UNIDO in the Scientific, Echnical, Industrial and technological Spheres
// International Law and International Organizations.
2022. № 4.
P. 34-81.
DOI: 10.7256/2454-0633.2022.4.39227 EDN: LTQWPH URL: https://en.nbpublish.com/library_read_article.php?id=39227
Abstract:
The subject of the study is the international legal cooperation of the EAEU and its member states, on the one hand, and UNIDO, on the other, in the scientific, technical, industrial and technological spheres in the context of the challenges of the Fourth Industrial Revolution. The purpose of the article is to determine the content of the political and legal mechanisms of cooperation between the EAEU and its member states with UNIDO, represented by political, organizational, legal and regulatory legal instruments. The relevance of the article is determined by the fact that, taking into account the development of industry against the background of modern challenges, there is an objective need for cooperation with international organizations operating in the industrial sphere and having knowledge and experience in promoting industrial development and updating the technological base. As a result of the conducted research, the relevance of cooperation between the EAEU and its member states with UNIDO in the scientific, technical, industrial and technological spheres is substantiated in the light of the strategic guidelines of the EAEU and its states in the field of reindustrialization. The author revealed the content of the political and legal mechanism of interaction of the EAEU member states with UNIDO and at the same time determined the specifics of the content of the political and legal mechanism of interaction between the EAEU and UNIDO. The novelty of the research lies both in the systematization of data on the international legal cooperation of the EAEU and UNIDO in the scientific, technical, industrial and technological spheres, and in the development of proposals for improving its political and legal mechanism, which is not only theoretical, but also practical.
Keywords:
innovative development, green technologies, Eurasian Economic Commission, sustainable development, digital technologies, technical assistance, program regulation, reindustrialization, UNIDO, EAEU
Theory
Reference:
Gorian E.
"Digital Nationalism" as the Embodiment of the Chinese Doctrine of the "Five Principles of Peaceful Coexistence"
// International Law and International Organizations.
2022. № 4.
P. 82-97.
DOI: 10.7256/2454-0633.2022.4.39303 EDN: VLKBTK URL: https://en.nbpublish.com/library_read_article.php?id=39303
Abstract:
The article focuses on the special public international relations emerging among the subjects of public international law regarding the enforcement of state sovereignty in the conditions of digitalization of the economy and ensuring national interests in the field of security. The subject of the study is the Chinese doctrine of public international law. The author analyzes the legal regulations in the field of digital economy in China. The Chinese model of "digital nationalism" is being analyzed. The state sovereignty over the cyberspace is being embodied through the category of "cyber sovereignty" and the doctrine of "five principles of peaceful coexistence". The state has to implement the policy of "digital nationalism" to ensure its sovereignty. The Chinese theory of public international law is based on the doctrine of the peaceful existence of nations with different political, economic, social and cultural systems, based on a set of five fundamental principles, which facilitate the achievement of common goals while maintaining a balance of national interests. State sovereignty is the crucial point of this doctrine, since peaceful coexistence of nations is achieved through mutual respect for sovereignty. The concept of a "community of common destiny" defines the goal identified by China implementing the five principles of peaceful coexistence. The Chinese approach to the implementation of cyber sovereignty does not imply the "Balkanization" of global cyberspace, on the contrary, it is supposed to maintain the ground for the development of international legal norms in the field of information security. Therefore, the Chinese concept of cyber sovereignty, which is based on "digital nationalism", embodies the logical and expected reaction of national authorities to internal and external security threats. The Chinese theory of public international law is not a scholastic construct, but an objective reality.
Keywords:
community of common destiny, digital technologies, national security, information security, principles of peaceful coexistence, public international law, cyber sovereignty, digital nationalism, China, FinTech
International courts
Reference:
Smirnov V.V.
Final Report of an Independent Expert Review as a Form of Supervision over the International Criminal Court's Activities
// International Law and International Organizations.
2022. № 4.
P. 98-109.
DOI: 10.7256/2454-0633.2022.4.39399 EDN: ZULMLS URL: https://en.nbpublish.com/library_read_article.php?id=39399
Abstract:
This article is devoted to analyzing the "Final Report of the Independent Expert Examination" from the point of view of the issues of supervision of the activities of the International Criminal Court. The subject of this study is an overview of the "Final Report of an Independent Expert Examination" as a form of supervision of the activities of the International Criminal Court (hereinafter the ICC). In the course of the study, the method of system analysis was used, which made it possible to analyze the provisions of the report under consideration in relation to the activities of the ICC. General scientific research methods were also applied: dialectical method, deductive method, and comparative method, in which the general provisions of the report under consideration were analyzed first, and then a comparison with other international organizations was carried out. The author consistently analyzes the problems that the experts highlighted in the report, as well as the recommendations that were given to improve the activities of the international judicial organization. Particular attention is paid to the analysis of recommendations related to the management model of the International Criminal Court, conflict of interest, and improving the reporting system. The paper concludes that the changes proposed by experts are important for the entire international criminal justice system. The scientific novelty of the work is as follows: system proposals that can improve the activities of the ICC, as well as the work of the entire system of international criminal courts and tribunals, are considered and analyzed.
Keywords:
conflict of interests, final report, international organization, control mechanisms, international judicial institutions, Assembly of States Parties, supervision of the activities, Report of the ICC, International Criminal Court, International Criminal Justice
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Rednikova T.V.
Legal Protection of Biological Diversity at the International Level: Results of the Thirtieth Anniversary and Development Prospects
// International Law and International Organizations.
2022. № 4.
P. 110-119.
DOI: 10.7256/2454-0633.2022.4.39450 EDN: YJRRFD URL: https://en.nbpublish.com/library_read_article.php?id=39450
Abstract:
For several decades, a number of agreements have been in force at the international level on the protection of biological diversity in general, individual species, in certain regions of the globe. The objects of legal protection are also different. In view of the significant number of international documents in the field of the protection of biological diversity and its components, the author analyzes the features of individual agreements of a global nature within the framework of this article. Despite the fact that many of them entered into force more than a decade ago, their enforcement activities in various States are carried out taking into account the latest recommendations of their permanent bodies and conferences of the parties, developed taking into account the achieved or unachieved goals set earlier. The problem of biodiversity conservation is extremely important for ensuring human life on the planet. In today's changing world, there are an increasing number of threats to both biological diversity and its components, and the environment as a whole. Thus, intensive economic activity and the growth of the Earth's population pose an increasing threat to the planet's biodiversity from year to year. Only consolidated efforts of all countries of the world community, regardless of their political and economic interests, can solve the problems of eliminating emerging threats, including through the formation of unified legal approaches to environmental and biodiversity protection. This must be remembered even in the context of global economic and political conflicts. International agreements of a global nature, which have been in force for decades with varying degrees of effectiveness, are also called upon to solve this problem. The main thing is that in the process of implementing their provisions, the tasks to be solved should be set before the States, as well as the implementation of their provisions should be among the main priorities of the Governments of the States that are parties to them.
Keywords:
ecosystem, wetlands, SITES, genetic resources, natural landscape, environmental protection, biodiversity, species, birds, migratory species
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Duben A.K.
International Cooperation of States in the Field of Information Security
// International Law and International Organizations.
2022. № 4.
P. 120-129.
DOI: 10.7256/2454-0633.2022.4.39513 EDN: UCSZZZ URL: https://en.nbpublish.com/library_read_article.php?id=39513
Abstract:
The article deals with topical issues related to the development of the international information security system and shows the main directions of the development of information security in international and information law. The cross-border nature of the use of information and telecommunication technologies makes it necessary to ensure a common and indivisible international information security. The lack of a uniform interpretation of the content of the concept of "information security" in the legislation of different States and in the international treaties concluded by them does not contribute to the development of a consistent terminology for the purposes of international cooperation at the universal level. It is concluded that the key role in the mechanism of ensuring international information security is played by legal norms adopted at the international and national level. At the same time, the problems of forming a system of legal regulation of information security have an interdisciplinary nature, including issues of the application of norms, rules and principles of responsible behavior of States designed to promote an open, safe, stable, accessible and peaceful information and communication environment. The main conclusions of the study are that international cooperation of states in the field of information security determines the further direction of development in the form of the adoption of new important international agreements on certain aspects of ensuring international information security, at the same time, in the context of information warfare, the priority is to combine efforts to ensure international and national information security. Determining the importance of ensuring information security in the context of modern challenges, threats and risks, we believe that interstate cooperation contributes to the further formation of coordination measures to respond to these threats and the development of legal support for information security in general.
Keywords:
transformation of law, threats and risks, new challenges, digitalization, information security, international security, information law, international law, legal support, the digital age