INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Shugurov M.V., Shugurova I.V.
The European Union and Israel: political and legal problems of scientific and technological cooperation in modern conditions
// International Law and International Organizations.
2024. № 4.
P. 1-34.
DOI: 10.7256/2454-0633.2024.4.72127 EDN: BRIGJP URL: https://en.nbpublish.com/library_read_article.php?id=72127
Abstract:
The subject of the study is the complications in scientific and technological cooperation (STC) between the EU and Israel due to Israeli military actions in the Gaza area and their extremely negative humanitarian consequences. The purpose of the article is to reveal and systematize the political and legal problems that have arisen in the scientific and technological cooperation between the EU and Israel against the background of the unprecedented escalation of the Palestinian-Israeli conflict in 2023-2024. In a consistent form, the authors analyze the legal foundations of Israel's participation in the EU framework programs in the field of STC and determine the degree of its integration into the European Research Space. The specifics of the range of projects involving Israel in the EU framework programs are demonstrated, as well as the discussion points of the possible exclusion of Israel from participation in EU projects and programs in the field of STC are considered. The authors reveal in detail the factors that determine the specifics of the EU's scientific diplomacy towards Israel in the context of the current escalation of the Palestinian-Israeli conflict. The achievement of the set goal and the solution of the research tasks was based on the use of the following methodological base: the principle of historicism, the historical and legal method, the formal dogmatic method, the comparative method, the systematic approach, the modeling method and the forecasting method. The authors of the article concluded that there are sufficient legal instruments at the EU level to exclude Israeli scientific institutions and military companies from EU projects that develop dual-use technologies as a measure aimed at forcing Israel to change its policy towards the Gaza Strip. However, the European Commission does not intend to introduce restrictive measures, to adjust its traditional scientific diplomacy towards Israel, or to develop recommendations addressed to European scientific institutions, taking into account the current political situation. A special contribution of the article to the relevant field of research was that the authors explain the EU's position by the action of the following factors, namely the activity of the pro-Israel lobby, Germany's special approach to cooperation with Israel, the lack of unity within the EU academic community and, finally, the prospects for the militarization of European programs in the field of STC.
Keywords:
research funding, academic exchange, joint projects, innovation, framework programs, strategic partnership, academic boycott, anti-Israeli sanctions, scientific and technological cooperation, technology transfer
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Reference:
Milchakova O.V.
Features of antimonopoly regulation of foreign investments
// International Law and International Organizations.
2024. № 4.
P. 35-50.
DOI: 10.7256/2454-0633.2024.4.72328 EDN: JOOVOK URL: https://en.nbpublish.com/library_read_article.php?id=72328
Abstract:
The object of this study is the relations connected with the implementation of foreign investments in the Russian economy. The subject of the study is the norms of antimonopoly legislation applicable to investment relations complicated by a foreign element. Special attention is paid to the peculiarities of antimonopoly control over economic concentration in the implementation of foreign investments, the prohibition of restrictive business practices and unfair competition of foreign investors, exceptions from the principle of national exhaustion of rights in relation to intellectual property rights in parallel imports, the prohibition of agreements and concerted actions restricting competition, exceptions from the general regime of protection against violations of antimonopoly legislation during tenders, the prohibition of actions (inactions) restricting competition in the cross-border commodity market. The author analyzes the norms of legislation and the legal positions of the courts. The methodological basis of the study was formed by general logical methods of theoretical analysis, as well as a special formal-legal method and a method of technical-legal analysis. The main conclusions of the study are the theses that, taking into account the need to ensure national economic security, a broader list of antitrust prohibitions on unfair actions, stricter rules for monitoring economic concentration (except for cases of redomiciliation of a foreign company in Russia), exemptions from the general regime of protection against violations of antitrust legislation during tenders (request for quotations, request for proposals), compared with persons registered in the Russian jurisdiction, goods, works, services of Russian origin, as well as special rules for considering cases of violations of competition in the cross-border commodity market have been established for foreign investors. At the same time, the features of antitrust regulation of foreign investments currently established by law need to be improved.
Keywords:
tenders, cross-border commodity market, unfair competition, anticompetitive agreements, economic concentration, Government Commission, Federal Antimonopoly Service, antitrust requirements, foreign investor, foreign investment
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Blinnikova A.V., Goncharov V.V., Malinovskii O.N., Cheshin A.V., Petrenko E.G.
International cooperation of subjects of public control (subjects of civil society) on the example of the countries of the European Union
// International Law and International Organizations.
2024. № 4.
P. 51-63.
DOI: 10.7256/2454-0633.2024.4.72347 EDN: KDUEBG URL: https://en.nbpublish.com/library_read_article.php?id=72347
Abstract:
This article is devoted to the analysis of the current state and problems of the development of the institute of international cooperation of subjects of public control (subjects of civil society) on the example of the countries of the European Union. The authors note that the Institute of public control, which in the countries of the European Union is referred to in the context of the terms "transparency" and "participation", is the most important institution of civil society in these states, which has a long history. Due to the fact that the European states have been increasingly converging in their interaction and cooperation over the past decades (which was reflected in the creation and development of the European Union as an international intergovernmental organization), similar processes of international and interstate cooperation are taking place in the processes of interaction between subjects of public control (subjects of civil society of the national states of Europe). This cooperation is carried out both within the framework of the European Union (through the creation of European unions and associations of various types of subjects of public control), and through cooperation of these European unions and associations with other international associations and unions of subjects of public control (subjects of civil society). A number of scientific research methods are used in the work, in particular: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The authors identified and analyzed the main problems hindering international cooperation of subjects of public control (subjects of civil society) on the example of the countries of the European Union, among which the following can be distinguished: the absence of a single normative legal act in the European Union, which would consolidate the legal status and foundations of this international cooperation; weak powers as subjects of public control (subjects of civil society) in the EU countries and their European unions and associations (as well as international associations and unions in this field); weak development of the institute of international associations and unions of subjects of public control (subjects of civil society) in the world as a whole; insufficient use of modern digital technologies by these subjects both in their activities and in the processes of cooperation; the lack of unification of national legislation in this area both in the countries of the European Union and in the world as a whole. A system of measures to resolve these problems has been developed and justified.
Keywords:
social movements, international associations, international unions, civil society, European Union, public control, actors, international cooperation, transparency, participation