International law and international organizations interaction
Reference:
Dikov R.
External Competence of the EU and International Agreements of the European Union
// International Law and International Organizations.
2023. № 2.
P. 1-12.
DOI: 10.7256/2454-0633.2023.2.40403 EDN: SRWNXC URL: https://en.nbpublish.com/library_read_article.php?id=40403
Abstract:
The subject of the study is the legal personality and external competence of an international organization (integration association) and the European Union itself. The author examines in detail such aspects of the topic as: the concept of the legal personality of an international organization, the concepts of competence and external competence of an international organization, international trade agreements of the European Union in the context of the implementation of external competence, sources of external competence of the European Union, types of competence of the European Union, types of international agreements of a commercial nature of the European Union. Particular attention is paid to the legal sources of the external competence of the foreign trade nature of the European Union and the classification of contracts concluded with a third party of the European Union. The main conclusions of the study are the definition of the legal personality of international organizations and integration associations, legal sources of external competence of an international organization and, in particular, the European Union. A special contribution of the author to the study of the topic and, at the same time, scientific novelty is the classification of international agreements concluded on behalf of the European Union jointly with member states in the context of the specifics of the implementation of its external competence of a trade and economic nature. The recommendation for the Eurasian Economic Union is also a scientific novelty, based on the experience and features, as well as the speed of concluding international treaties by the European Union.
Keywords:
type of treaties, judicial practice, international treaties, EAEU, EU, trade agreements, external competence, integration union, legal capacity, prospects of treaties practice
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Kontorin A., Volkov V.
The Solution to the Russian Dilemma of WTO Membership in the Context of Agricultural Trade
// International Law and International Organizations.
2023. № 2.
P. 13-28.
DOI: 10.7256/2454-0633.2023.2.40041 EDN: TVTWJC URL: https://en.nbpublish.com/library_read_article.php?id=40041
Abstract:
The subject of this study is the legal and organizational issues of Russia's participation in the World Trade Organization (WTO). The analysis is conducted in the context of trade in agricultural products. The purpose of this article is to create an argumentative point supporting the view that Russia should continue being a member of the WTO. The methodology of the research is represented by general scientific methods, special scientific methods and methods of argumentation. The analysis considers the legal possibility of termination of membership in the WTO, the main misconceptions of supporters for withdrawal, the alleged consequences of withdrawal, as well as recommendations for further participation in the Organization. The issues examined in this study are of current interest in view of the increasing pressure of the supporters for withdrawal from the WTO in the context of the global economic and geopolitical challenges Russia is facing. Scientific novelty of the article is in the complex argumentation of the overall positive effect of Russia's participation in the WTO for international trade in agricultural products. The conclusions of the study underline the impossibility of Russia’s suspension or expulsion from the Organization, as well as the need for Russia to continue its membership and to build trade relations with foreign partners under the WTO rules.
Keywords:
Russia in the WTO, trade policy, international organization, membership termination, agriculture, international trade, WTO law, globalization, liberalization, protectionism
NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Reference:
Yadgarov S.S.
Legal regulation of cooperation in the field of health protection within the framework of the Shanghai Cooperation Organization
// International Law and International Organizations.
2023. № 2.
P. 29-41.
DOI: 10.7256/2454-0633.2023.2.40637 EDN: SSYFXZ URL: https://en.nbpublish.com/library_read_article.php?id=40637
Abstract:
The author examines the activities of the Shanghai Cooperation Organization in the field of coordination of the activities of the participating states in the field of public health protection. The author examines the current state of international legal regulation of cooperation in the field of health protection within the SCO through the prism of generally recognized international legal standards in this direction. The theoretical basis of the research is the works of M.V. Podvyaznikova, M.S.Malichenko, S. I. Pomazkova, N.Gafurova, Zh.Oryntaev. In order to determine the areas of cooperation in the field of health protection, international legal documents adopted at the SCO summits, in particular the SCO Charter, Declarations and Agreements on Mutual Cooperation, were analyzed. In addition, the general state of cooperation between the SCO states in the field of health protection in practice was analyzed. As a result, it is concluded that cooperation in the field of health protection within the SCO needs to strengthen the legal component, in particular, it is necessary to conclude international agreements on specific areas of public health protection and the organization of medical care. At a time when the consequences of the rapid spread of coronavirus infection, the largest humanitarian catastrophe of the coming century, have become an indicator of systemic problems of international law in the field of health protection as a branch of international law, and the established system of international legal regulation has proved unable to counteract COVID-19, rightly identifying the task of carrying out its consistent reform to ensure human security, strengthening the international legal framework for regulating the right to health within the SCO, in our opinion, can have a certain positive impact on the adoption of the necessary, more specific universal international treaties in this direction, especially in the fight against infectious diseases.
Keywords:
coronavirus pandemic, treatment of diseases, healthy development of the child, level of physical health, ensuring health maintenance, health level, viral infections, World Health organization, right to health, medical care
International law and international organizations interaction
Reference:
Kolobov R.Y., Ditsevich Y.B., Cherdakova L.A., Suvorova A.V.
Features of protection of transboundary objects of the world natural heritage: Russian and foreign experience (part 1)
// International Law and International Organizations.
2023. № 2.
P. 42-60.
DOI: 10.7256/2454-0633.2023.2.40943 EDN: CXYXEV URL: https://en.nbpublish.com/library_read_article.php?id=40943
Abstract:
This work is the first part of the article, the subject of which is the practice of fulfillment by Benin, Niger and Burkina Faso of international obligations to protect the transboundary object of the world natural heritage of the "W-Arly-Panjari" Complex, as well as the practice of managing activities for the protection of such an object as Wadden Sea, located in the territories of Germany, Denmark and the Netherlands. The authors highlight the general problems of protecting world heritage sites in the framework of the implementation of the provisions of the Convention, as well as review and analyze the main activities for coordinating the actions of national authorities to preserve and maintain unique natural complexes, in particular, in terms of the implementation of management plans. The analysis of the experience of cooperation between the authorities of Benin, Niger and Burkina Faso with the authorities of the world heritage protection system in relation to the W-Arly-Panjari Complex, as well as Germany, Denmark and the Netherlands in relation to the Wadden Sea, leads to the conclusion that the interaction of national and international funds is effective protection of nature and the need to develop measures aimed at strengthening cooperation between states, including within the framework of the functioning of supranational systems and legal institutions in order to preserve transboundary natural heritage sites.
Keywords:
World Heritage Committee, environmental law, legal protection, international law, world heritage, international organizations, Wadden sea Plan, Wadden sea, Tripartite agreement, Transboundary objects
NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Reference:
Andrianova N.G.
Approaches of international organizations to determining the essence of cryptocurrencies
// International Law and International Organizations.
2023. № 2.
P. 61-69.
DOI: 10.7256/2454-0633.2023.2.41023 EDN: EIYFTG URL: https://en.nbpublish.com/library_read_article.php?id=41023
Abstract:
The active development of cryptocurrencies around the world began about 10 years ago, but despite the rather long period of time, the world has not yet developed a unified approach to understanding the essence of cryptocurrencies and the general rules for their legal regulation. This article examines the essence of cryptocurrencies from the standpoint of a general theoretical approach, and also analyzes the positions of international organizations regarding the definition of the essence of cryptocurrencies. The creation of a common approach to determining the essence of cryptocurrencies at the global level will make it possible to choose a single most optimal approach to the issue of their further legal regulation by countries at the national level. The analysis allowed to conclude that the concept of cryptocurrencies can be considered in several different aspects, each of which has its own specifics, but at the same time reflects the essential features of cryptocurrencies. Many international organizations classify cryptocurrencies as virtual/digital currencies, noting, at the same time, the significant risks of their use and the need to create a coordinated and systematic regulation of the sphere of cryptocurrency turnover to reduce the ways and possibilities of their illegal use.
Keywords:
property, digital currencies, virtual currencies, the use of cryptocurrencies, international organizations, legal regulation of cryptocurrencies, the essence of cryptocurrencies, cryptocurrencies, private money, blockchain