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.
2024. № 3.
P. 1-11.
DOI: 10.7256/2454-0633.2022.4.39399.2 EDN: BSFIUX URL: https://en.nbpublish.com/library_read_article.php?id=71709
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:
Svetskiy A.V.
The role of the International Maritime Organization in the legal regulation of the use of modern technologies
// International Law and International Organizations.
2024. № 3.
P. 12-21.
DOI: 10.7256/2454-0633.2024.3.71748 EDN: ENGNOS URL: https://en.nbpublish.com/library_read_article.php?id=71748
Abstract:
The article examines the social relations that arise in the process of legal regulation and application of modern information technologies in the documentation of the International Maritime Organization (IMO). Technologies are both the reason for the emergence of an acute environmental situation in the world, and an opportunity to solve this problem. Environmental pollution is an urgent problem of our time, which requires both the development of law and technology within one state and within the entire international community. Analyzing various regulations, it is worth noting that different regions have their own peculiarities of climate, landscape, biodiversity, industry, achievements in science and technology are developed to varying degrees. The methodological basis of the article consists of: the universal dialectical method of scientific cognition; general scientific methods: observation, comparison, description, analysis and synthesis. The aggravation of environmental problems of various kinds makes it necessary to develop the economy in an ecological orientation. To ensure development, a sufficient level of experience and the availability of innovative methods are necessary, which creates grounds for improving the technological processes of enterprises in various sectors of the economy to minimize the negative impact on the environment and biodiversity. To solve such a global problem as environmental pollution, it is extremely important to cooperate with states and international organizations, as well as exchange relevant knowledge and experience in the field of ecology and combating environmental disasters. The integration of artificial intelligence technologies into the marine industry is becoming increasingly important. Artificial intelligence definitely has potential in the industry, providing companies with new opportunities for growth, efficiency and sustainable development. As artificial intelligence technology continues to evolve, it is likely to become an important tool for companies in the marine industry, helping them navigate an increasingly complex and competitive landscape
Keywords:
sustainable development, legal regulation, UN, IMO, AMIS, international organization, environment, modern technologies, artificial intelligence, shipping
Question at hand
Reference:
Akhmadova M.A.
Norms of international law in the field of application of the results of scientific research in the field of biotechnology (on the example of therapeutic and reproductive cloning and editing of the human genome) and their patent protection
// International Law and International Organizations.
2024. № 3.
P. 22-36.
DOI: 10.7256/2454-0633.2024.3.33231 EDN: UYWDSP URL: https://en.nbpublish.com/library_read_article.php?id=33231
Abstract:
The article is aimed at covering a number of issues in the field of legal regulation of innovative medical technologies based on intervention in the human genome and cloning (therapeutic and reproductive) in the context of the provisions of international law (conventions, declarations, bilateral agreements). In this format, the author examines some international acts that have created a legal paradigm for regulating scientific research in the area under study, defining the boundaries of admissibility of the introduction of the designated achievements of modern science in clinical medicine, which are designed to act as an effective tool in the fight against severe hereditary diseases, etc., which potentially predetermines their demand. The author focuses on the issue of patentability of these biotechnologies. The study used such methods of scientific knowledge as: general scientific dialectical, formal-legal and comparative-legal methods. At the same time, the author proceeds from the subjective-objective nature of processes and phenomena, and their interconnectedness. The novelty of the study is determined by its purpose, subject and range of sources considered. Thus, the author examines the provisions of both regulatory acts and soft law acts, emphasizing the peculiarities of the legal nature of both. In this format, the author formulates the conclusion that the system of international principles and standards formed by the considered acts and documents does not contain an explicit permission to carry out scientific research in the considered field of biotechnology with subsequent commercialization of the results that can be patented as inventions, which leads to the need to create a national legal foundation by modern states wishing to advance in this area, mandatory for execution, as a result of which the legal map of the world acquires a rather mosaic character, when innovative biotechnologies are distributed in countries with legislation loyal to scientific research, which are, in fact, "scientific offshores".
Keywords:
soft law, genomic research, regulatory principles, patent, biotechnology, BRICS, international treaty, 3D bioprinting, therapeutic cloning, reproductive cloning
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Ishchenko N.G.
Freedom of provision of services, freedom of establishment and freedom of movement of labor in the law of the Eurasian Economic Union
// International Law and International Organizations.
2024. № 3.
P. 37-50.
DOI: 10.7256/2454-0633.2024.3.33900 EDN: UQALRK URL: https://en.nbpublish.com/library_read_article.php?id=33900
Abstract:
This article is devoted to the analysis of the legal regulation of interrelated economic freedoms within the framework of the Eurasian Economic Union: freedom to provide services, freedom of establishment and freedom of movement of labor. The author examines the content of these freedoms in accordance with the provisions of the Treaty on the Eurasian Economic Union, identifying the inherent features of these freedoms, as well as the criteria for their differentiation. The author refers to the experience of the European Union in the field under study not only to compare the provisions of the constituent acts, but also to determine possible trends in the development of legal regulation of these freedoms within the Eurasian economic space. Summing up, the author makes some generalizations. In particular, it is noted that the EAEU already has a single market for services. The sectors (subsectors) of services that are provided in the single market mode (more than 40 service sectors) are established. It is also emphasized that the freedom of establishment and freedom of activity are necessary for the realization of the freedom to provide services, and the main criterion for distinguishing the freedom to provide services from the freedom of the institution is the factor of the length of stay in the country in which the service is provided. As a result of the research, the author concludes that the achievement of the economic goals of the Union, including the freedom of movement of services and persons, is possible only if the supremacy of human and civil rights and freedoms is ensured at the supranational level.
Keywords:
integration, legal regulation, economic freedoms, freedom to provide services, freedom of institution, freedom of movement of persons, The EAEU Treaty, European Union, Eurasian Economic Union, The EAEU Court
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Berg L.N.
The legal framework of the EAEU: some suggestions on classification
// International Law and International Organizations.
2024. № 3.
P. 51-59.
DOI: 10.7256/2454-0633.2024.3.34155 EDN: UMPSMQ URL: https://en.nbpublish.com/library_read_article.php?id=34155
Abstract:
The subject of this study is the concept and composition of the "contractual and legal framework" and "law" of the Eurasian Economic Union in the context of the provisions of the Treaty on the EAEU dated 29.05.2014 and the legal positions of the EAEU Court. The purpose of the work is to determine the relationship and composition of the concepts of "contractual and legal framework of the EAEU" and "law of the EAEU", as well as to develop proposals for the classification of sources of law of the EAEU. The methodology of the scientific research includes the dialectical method, as well as general scientific logical operations (deduction and induction, analysis and synthesis), and specific scientific methods (formal-legal and comparative-legal methods). This study is of a general theoretical nature, and based on the application of a set of certain methods, which provides the opportunity to understand the internal structure of legal phenomena, allows us to analyze and study the concepts of "legal framework of the EAEU", "law of the EAEU", their composition and make proposals for their classification. These provisions ensure the relevance of the scientific research. Based on the results of the study, the author formulates a conclusion on the distinction between the terms "Legal Framework of the EAEU" and "Law of the EAEU", and also proposes a classification of sources of law of the EAEU. The results of the study are applicable both for further theoretical research in the field of EAEU law and in practice in the legislative and law enforcement activities of the EAEU bodies.
Keywords:
EAEU, Eurasian Economic Union, integration, integration associations, EAEU law, legal framework, Eurasian integration, Court EAEU, jurisprudence, arbitrage practice