INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Rednikova T.V.
Actual problems of formation of ecologically significant behavior of people at the international and national levels
// International Law and International Organizations.
2023. № 4.
P. 1-11.
DOI: 10.7256/2454-0633.2023.4.44200 EDN: ZUIUUX URL: https://en.nbpublish.com/library_read_article.php?id=44200
Abstract:
Sustainable development has not only become the subject of a wide range of international agreements, but over the past decades has been introduced into the fabric of the national legislation of most states. In the Russian Federation, the provisions on sustainable development are incorporated into the norms of sectoral environmental legislation, as well as into strategic planning documents, which are becoming increasingly important as acts in accordance with which environmental activities and their financing are carried out. The declaration of respect for the environment in the activities of any entity is the basis for the formation of its positive image from the point of view of public opinion. It is necessary to ensure by legal means an understanding of which actions and processes are really effective for environmental protection, and which, often generally recognized, are not actually such, and if they are, then the degree of their benefits can be greatly exaggerated. The ongoing deterioration of the ecological situation on the planet indicates the urgency of taking additional measures to form the ecological consciousness of all subjects, since the instruments existing in international and national law are not sufficiently effective.
Keywords:
international law, degradation of the natural environment, conscious behavior, environmental protection, environmental law, ecology, environmental awareness, European Union, environment, green economy
NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Reference:
Eremin V.
Public-Private Partnerships for the UN Sustainable Development Goals achievement
// International Law and International Organizations.
2023. № 4.
P. 12-21.
DOI: 10.7256/2454-0633.2023.4.48487 EDN: EVMKND URL: https://en.nbpublish.com/library_read_article.php?id=48487
Abstract:
The subject of the study is public relations emerging in the implementation of public-private partnership projects aimed at achieving the sustainable development goals developed by the UN. The object of the study is a set of financial and institutional conditions for the implementation of public-private partnership (PPP) projects based on PPP agreements with a special focus on the UNECE model law “PPP for the benefit of people” being developed. Thus, the proposed approach to PPP for the benefit of people as a separate type of PPP has been criticized. The author, through the prism of sustainable development goals, describes the possibility of improving the proposed international legal norms and rules developed for the implementation of PPP projects. The article also discusses the possibility of introducing the sustainable development agenda through PPP agreements (lex PPPs). When writing the article, the following methods were used: logical, historical, theoretical-prognostic, formal-legal, systemic-structural, comparative law and legal modeling. The methodological apparatus consisted of the following dialectical techniques and methods of scientific knowledge: analysis, abstraction, induction, deduction, hypothesis, analogy, synthesis, typology, classification, systematization and generalization. The main conclusions of the study are that the concept of sustainable development and sustainable development goals are becoming increasingly popular in the practice of implementing investment projects, including those based on PPP. Further improvement of domestic legislation on PPP should be in line with the implementation of best practices, focused not just on the financial component and benefit of the investor and the state, but also on the benefit for people (PPP people first) and the planet (PPP for planet). The main results of the study include the fact that aspects were identified that slow down the advancement of the sustainable development agenda in the field of public-private partnership (contradiction of terms, lack of incentives for implementation for investors), a definition was given to public-private partnership for sustainable development, and It was also revealed that lex PPPs can become an effective tool for achieving sustainable development goals through their implementation in PPP agreements.
Keywords:
SDGs-focused PPPs, PPP standards, UNECE, PPP project, sustainable investment, sustainable infrastructure, Sustainable Development Goals, sustainable development, PPP, UN
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Shugurov M.V.
The European Union's sanctions regime against Russian science
// International Law and International Organizations.
2023. № 4.
P. 22-45.
DOI: 10.7256/2454-0633.2023.4.69177 EDN: XFYGYZ URL: https://en.nbpublish.com/library_read_article.php?id=69177
Abstract:
Unprecedented unilateral restrictive measures against Russia's participation in international scientific and technical cooperation (scientific sanctions) have become an integral part of the modern European sanctions policy. The subject of the article is the EU sanctions regime against Russian science, which implements an appropriate policy aimed at ending the participation of Russian scientific institutions and organizations in projects implemented within the framework of EU scientific programs. The purpose of the article is to reveal the content and model of the EU sanctions regime against Russian science. The hypothesis of the study is the position that the model of the sectoral sanctions regime under consideration combines general and specific points. The article argues that the specified sectoral sanctions regime of the EU is autonomous in nature and does not represent something derived from scientific sanctions imposed by member States. General scientific methods of analysis and synthesis, abstraction and generalization were used. This made it possible to move from diverse empirical data to theoretical generalizations about the nature and model of the EU sanctions regime against Russian science. In addition, historical and comparative approaches were used, as well as a modeling method. The article substantiates the conclusion about the contradictory nature of the value and legal foundations of this regime, which is reflected in the lack of unity of views of European expert circles regarding the degree of rupture of scientific ties with Russia. The author substantiates that the massive and, by historical standards, sudden introduction of scientific sanctions in 2022, forming a special sanctions regime, is not the result of certain difficulties that occurred earlier in Russian-European scientific cooperation. On the contrary, it is a systematically motivated destruction of the bridges of scientific diplomacy created after the Cold War. A negative consequence of the functioning of this regime was a decrease in the degree of internationalization of Russian science and its ability to contribute not only to solving applied problems of national socio-economic development, but also to solving global problems of our time. The novelty of the study lies in the fact that for the first time in the scientific literature, structural subsystems of the EU scientific sanctions regime are identified, as well as their additional identification features are characterized.
Keywords:
scientific sanctions, global science, European programs, Russian science, freedom of science, institutional gap, scientific cooperation, sanctions policy, science diplomacy, interpersonal contacts
Theory
Reference:
Paramuzova O.G.
Some aspects of the formation of a new international legal consciousness
// International Law and International Organizations.
2023. № 4.
P. 46-57.
DOI: 10.7256/2454-0633.2023.4.69163 EDN: TCMJKQ URL: https://en.nbpublish.com/library_read_article.php?id=69163
Abstract:
The present research is aimed at studying the problems of increasing the authority of universal international law through the formation and implementation of new international legal values in real life, as well as through the modernization of international regional and universal legal awareness. Within the framework of this article, some aspects of interaction and mutual influence of universal and regional (on the example of the Shanghai Cooperation Organization (SCO)) international legal systems have been considered; attention has also been paid to the issues of mutual influence of such elements of these systems as the modernizing regional legal consciousness (on the example of the SCO) and universal international legal consciousness. The author identified, in particular, the following research objectives: to identify the key features of the SCO legal system; to assess the importance of regional legal awareness within the SCO as a component and factor in the development of the SCO legal system; to identify the characteristic features of mutual influence and interaction of the regional legal system of the SCO and the universal legal system of international law. Within the framework of this study, using the content analysis method, the features of interaction and mutual influence of universal and regional international legal systems are revealed, the features of modern regional legal awareness are established on the example of the SCO. The comparative analysis made it possible to assess the prospects for further codification of the norms of international law in relation to the object of research. The existing and continuing development of regional legal awareness within the framework of the Shanghai Cooperation Organization can serve as one of the guidelines for the modernization of universal international legal awareness and increasing the effectiveness of general international law. The author comes to the conclusion that in the context of modern threats and threats to international peace and security in the 21st century, it should be of particular importance to increase the authority of international law by updating international legal awareness with qualitatively new content. The author sees the use of the experience of the Shanghai Cooperation Organization as one of the promising and objectively justified options for such modernization, the success of the functioning of the law enforcement mechanism within the SCO allows us to assume the possibility of borrowing the positive experience of the SCO in this area to increase the effectiveness of general universal international law.
Keywords:
international legal responsibility, international organization, international legal mechanism, dialogue of cultures, international security, international integration, regional legal awareness, international legal awareness, regional legal system, international legal system
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Sergeeva A.A., Gorbatova M.A., Gurev M.S., Kirillova Y.M., Lototskii A.S., Pyatkova O.V., Feizullaev F.M.
Criminalization of the Nazism: Russian, foreign and international experience
// International Law and International Organizations.
2023. № 4.
P. 58-69.
DOI: 10.7256/2454-0633.2023.4.69286 EDN: SKUAES URL: https://en.nbpublish.com/library_read_article.php?id=69286
Abstract:
In the modern period, the danger of spreading Nazi ideas remains high. The object of the study is social relations arising from the qualification of encroachments related to manifestations of the ideology of Nazism. The subject of the study is the norms of Russian legislation on countering extremist activities. The authors pay special attention to comparative legal analysis, considering the foreign and international experience of legal regulation countering the rehabilitation of Nazism. Extremist activity is a multifaceted concept, and manifestations of the ideology of Nazism, including its approval, the demonstration of Nazi symbols, and the distribution of relevant literature, are only part of it. At the same time, such actions form the ideological basis of extremism, as a result of which they require independent criminalization. Foreign and international experience in this area deserves attention and potential consideration. The methodology of the study is based on the comparative legal method, since it has a comparative orientation. In addition, the authors used a wide range of general scientific methods. The main conclusions are based on the thesis that the legislator recognized the identical public danger of any manifestations of the ideology of Nazism, including those that are not related to aggression and the commission of crimes motivated by hatred or enmity. When improving anti-extremist legislation, it is necessary to take this circumstance into account. The novelty is characterized by the results of the analysis of foreign experience in criminal law regulation and the legal positions of the UN General Assembly, which bring a certain unity to the terminological range necessary for the organization of effective identification and correct qualification of socially dangerous encroachments associated with the spread of Nazi ideology. Extremism is not limited only to manifestations of the ideology of Nazism. Equally, it can be concluded that manifestations of the ideology of Nazism can be isolated taking into account the motive of hatred or enmity. However, in practice, a considerable part of extremist activity is motivated precisely by the approval (overt or veiled) of Nazi ideas, or represents their modernization.
Keywords:
prevention, motive for the crime, crime, extremism, humiliation, public danger, aggression, ideology of Nazism, hate, punishment
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Agamagomedova S.
Framework Standards of the World Customs Organization: reflected in the status of an authorized economic operator
// International Law and International Organizations.
2023. № 4.
P. 70-79.
DOI: 10.7256/2454-0633.2023.4.43852 EDN: DPNHCR URL: https://en.nbpublish.com/library_read_article.php?id=43852
Abstract:
The object of the study is the legal status of an authorized economic operator in the context of the impact on its development of the provisions of the Framework Standards for Security and Simplification of World Trade of the World Customs Organization. The author considers such aspects of the topic as: generation of the status of an authorized economic operator in the legislation of Russia and the acts of the Eurasian Economic Union, the stages of its development, the modern regulatory framework of its regulation, the content of the administrative and legal status, including the norms of material and procedural properties, the privilege of this status is assessed and promising directions in its development in the conditions of modern external and internal threats and challenges. The main conclusions of the study are the provisions that the administrative and legal status of an authorized economic operator reflects the influence of the Framework Standards for Security and Simplification of World Trade of the World Customs Organization. The status under consideration incorporated two main principles of these standards: facilitating international trade and ensuring the security of the supply chain of goods. The development of the status of an authorized economic operator makes it possible to ensure these principles of public law regulation in the field of foreign trade. The novelty of the study lies in highlighting the prospects for the development of the institution of an authorized economic operator in the conditions of the sanctions regime in relation to Russia. The conclusion is made about the priority of concluding bilateral agreements on mutual recognition of the status of an authorized economic operator.
Keywords:
customs authorities, mutual recognition, authorized economic operator, international trade, simplification of procedures, safety, Framework standards, World Customs Organization, special simplifications, legal status
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Goncharov V.V.
International cooperation of subjects of public control: towards the formulation of the problem
// International Law and International Organizations.
2023. № 4.
P. 80-91.
DOI: 10.7256/2454-0633.2023.4.69430 EDN: IMZOSB URL: https://en.nbpublish.com/library_read_article.php?id=69430
Abstract:
This article is devoted to the analysis of the problems of international cooperation of subjects of public control. The author substantiates the role and importance of the institution of public control in the system of legal guarantees for the implementation, protection and protection of the constitutional principles of democracy and public participation in the management of state affairs. The paper notes the importance of organizing and implementing international cooperation of subjects of public control in order to achieve such goals as combining efforts and increasing efficiency in the organization and activities of subjects of public control. At the same time, the article classifies the forms of such international cooperation of subjects of public control, in particular, it highlights: their participation in international conferences, symposiums; participation in international associations and unions of subjects of public control; participation of certain types of public associations in the work of international non-governmental organizations whose activities are aimed at the development of civil society institutions. A number of scientific research methods are used in the work, in particular: comparative legal; historical legal; statistical; sociological; formal logical; method of analyzing specific practical situations. The article formalizes and analyzes the main problems preventing the optimal participation of Russian subjects of public control in international cooperation, in particular: the lack of formalization of this institution of civil society in the country's Constitution; the failure to consolidate in the legislation on public control the legal foundations governing the grounds, limits and forms of the above-mentioned cooperation; weak use of positive foreign experience of cooperation of civil society subjects whose activities are aimed at organizing and exercising control over the apparatus of public power; weak financing of Russian subjects of public control; the risk of using international cooperation of Russian subjects of public control to undermine the national security of the Russian Federation. The work has developed and justified a system of measures to resolve these problems, including by making appropriate amendments and additions to the Constitution of Russia and legislation.
Keywords:
associations, Russian Federation, problems, subjects, international cooperation, democracy, public control, unions, Public Chamber, rights
International courts
Reference:
Sedova D.A.
The parties as participants in the international criminal proceedings
// International Law and International Organizations.
2023. № 4.
P. 92-106.
DOI: 10.7256/2454-0633.2023.4.43821 EDN: HWDCCF URL: https://en.nbpublish.com/library_read_article.php?id=43821
Abstract:
The article analyzes the historical prerequisites for the development of the concept of the parties as participants in the international criminal process. The analysis of the documents of the Ministry of Internal Affairs, ICTY, ICTR, ICC confirms the thesis that the main parties in the international criminal process are the prosecution and defense. In the model of the international criminal process, the classical approach to the understanding of competition is adopted. There is a structural evolution of the foundations of this approach, the Rome Statute of the ICC defined the rights and obligations of the victims and the third party. The purpose of the study is to consider and resolve problematic aspects of the legal status of the parties in international criminal proceedings. Based on the tasks and goals set, the author has chosen the methodological basis of the study. General scientific methods of cognition are used: analysis, synthesis, analogy, deduction, induction. The author actively applied the formal legal method. The scientific novelty of the study is to reflect the holistic criminal procedural characteristics of the parties to the defense, prosecution, victims, as well as third parties as participants in criminal proceedings in international criminal proceedings. Analyzing the current structural evolution of the model of international criminal procedure, it is possible not only to predict the further expansion of the functionality of the parties, but also to observe the crystallization of the status of a third party. This course of evolution of the international criminal process demonstrates the probable direction of the development of the theory of parties in the science of criminal procedure.
Keywords:
prosecution, witness, victim, ICC, ICTR, International Criminal Justice, ICTY, International Military Tribunal, defense, third party