Question at hand
Reference:
Dimitrov N.S.
EU regulation in the area of acceptance and execution of court decisions in civil and business cases rendered in the EU member-states in the Republic of Bulgaria
// International Law.
2020. ¹ 3.
P. 1-11.
DOI: 10.25136/2644-5514.2020.3.33066 URL: https://en.nbpublish.com/library_read_article.php?id=33066
Abstract:
The subject of this research is the international legal acts in the area of acceptance and execution of decisions rendered by foreign courts, current procedural legislation of the Republic of Bulgaria, as well as research publications on this topic. The object of this research is the legal foundation and procedural actions in acceptance and execution of foreign court decisions on civil and commercial issues in the Republic of Bulgaria. The author carefully examines the rules directly related to execution and refusal to execute a court decision rendered in a member-state on the territory of Bulgaria. Special attention is given to the multiple issues pertaining to implementation of EU regulations recently passed in the area of EU civil process. Analysis of the positions dedicated to direct execution and refusal to execute a court decision is conducted in the context of the position of Brussels I Bis Regulation. The author makes following conclusions and recommendations: Bulgarian legislator needs to eliminate the difference between obligation to execute a foreign court decision and domestic court decision; it is necessary to amend the Civil Procedure Code of Bulgaria, as well as clarify the process of refusal to execute in accordance with the Article 47 of the Brussels I Bis Regulation. The author’s contribution into the research of this topic consists in the recommendation on improvements to the legal regulation and passing equal conditions for execution of foreign and national court decisions within the framework of the EU.
Keywords:
exequatur, special proceedings, member states, declaration of fulfillment, recognition, civil procedure, European Union, Regulations, cross-border cases, foreign court decision
International law and national law
Reference:
Klimanov N.V., Mazlumyan D.E.
International legal status of the Arctic Region and its role within modern system of international relations
// International Law.
2020. ¹ 3.
P. 12-18.
DOI: 10.25136/2644-5514.2020.3.33527 URL: https://en.nbpublish.com/library_read_article.php?id=33527
Abstract:
This article examines the image of the Arctic Region as a large geopolitical actor with clear division of the zone of political influence of modern countries. The article reviews the negative aspects of lobbying for the interests of separate countries, which impact situation in the region, as well as negative consequences substantiated by the absence of standardized international legislative regulation of security regime and presence of external actors in the region. Within the framework of this study, the authors carried out a legal and economic analysis of the current geopolitical situation, as well as existing aspects of normative regulation of this branch in the region, as well as concluded on the possibility of joint development of the bottom of the Arctic shelf and realization of projects in the sphere of natural resource management of the Arctic Region. The scientific novelty consists in a brief, but in-depth substantiation of typical characteristics of the current system of international relations, as well as in the complex analysis of significance of the Arctic region on the agenda of world politics, and determination of “Arctic policy” as a separate vector in strategy of the leading countries of the world. The authors consider legal characteristics and existing approaches towards determination of legal status of the Arctic territories, which vary in different political-legal traditions. United Nations Convention on the Law of the Sea of 1982 is the framework document that serves as the basis of national justification of claims in the Arctic Region. The main conclusion consists in the description of the existing conflict of laws, which can be overcome successfully only in terms of mutual, joint, fruitful cooperation of the key political actors that are involved or have political aspirations in the Arctic Region.
Keywords:
the international cooperation, status of arctic territories, legal regime, Arctic nature management, international relations, shelf exploration, Arctic region, Arctic, geopolitical potential of the region, Convention Sea Law
Development of separate branches of international public law
Reference:
Lisauskaite V.V.
Goals of the United Nations strategic development and international protection from disaster: correlation and implementation
// International Law.
2020. ¹ 3.
P. 19-31.
DOI: 10.25136/2644-5514.2020.3.33194 URL: https://en.nbpublish.com/library_read_article.php?id=33194
Abstract:
The subject of this research is the international relations on accomplishment of sustainable development goals, taking into account the risks of disasters and remedy against them. The object of this research is several documents: United Nations General Assembly Resolutions “Our Changing World: Agenda on Sustainable Development until 2030”, Sendai Framework for Disaster Risk Reduction 2015, Paris Agreement on Climate Change 2015. Detailed analysis is conducted on the provisions of the indicated documents in the context of their interrelation for effective implementation. Special attention is dedicated the impact of disaster risk upon sustainable development goals, namely their accomplishment. The following conclusions were formulated: sustainable development goals represents basic trends for development of each country and global community as a whole; they are directly related to less significant problems that trying to be resolved by joint efforts of the global community (protection from disasters and climate change). These three block represent the equilateral sides of a triangle of international relations, realized for the purpose of harmonious development of modern civilization. The author’s special contribution lies in correlation of the particular provisions of aforementioned documents, and in schematic interpretation of such correlation. The novelty lies in the fact that the science of international law usually reviews these documents separately from each other, just mentioning their interrelation. The author reflect the approach that is being currently implemented by specific practitioners on elaboration of indicators of interrelation between sustainable development goals and disaster risk reduction.
Keywords:
United Nations, international cooperation, protection of climate, Paris agreement, sustainable development, protaction of disasters, disasters, SDG, DRR, climate
Development of separate branches of international public law
Reference:
Baiaman uulu B.
Prospects for adoption of global agreement on safe, disciplined and legal migration
// International Law.
2020. ¹ 3.
P. 32-44.
DOI: 10.25136/2644-5514.2020.3.33632 URL: https://en.nbpublish.com/library_read_article.php?id=33632
Abstract:
The subject of this research is the prospect of existence of the global agreement on safe, disciplined and legal migrations in the conditions of coronavirus pandemic (further referred to as global agreement), as well as logical transformation of the migration flows due to pandemic. The goal is to determine the relevance for such global agreement in the context of coronavirus, considering the need to form the funds for resolving migration issues, as well as in terms of actual financial problems faced by every single country due to the emergency of taking ant-coronavirus measures. Relevance of adopting the agreements should also be viewed in relation to the fact that the content of global agreement is not indisputable. The conclusion is made that coronavirus pandemic somewhat shifted the focus of attention from the pressing problem of migration towards the domestic affairs of each state. However, the author makes an assumption that the countries would gather in forums in the late 2020 to share the progress in implementation of national programs in the sphere of migration. It may be difficult to attract attention to such forums or move towards implementation of noticeable agreement results at the time of more urgent domestic problems related to COVID-19 pandemic.
Keywords:
discrimination, COVID-19, United Nations, New York Declaration, the Global Compact, stateless persons, forced migrants, Migrants, xenophobia, gender issues
Integrational law and supernational associations
Reference:
Ryzhov V.B.
Prospects for consolidation of the Ukrainians as a civil nations based on integration with the European Union
// International Law.
2020. ¹ 3.
P. 45-55.
DOI: 10.25136/2644-5514.2020.3.33368 URL: https://en.nbpublish.com/library_read_article.php?id=33368
Abstract:
This research is dedicated to the prospects for consolidation of the Ukrainians as a civil nation based on such resource as the European Integration. The author describes the theoretical aspects of national and state identity. Methodology leans on the parallel use of descriptive, comparative, and structural forms of analysis. The conclusion is made that European Integration currently manifests as one of the potential steps, which would allow eliminating the “retrospective orientation” of national and state identity of the Ukrainians, regulating the existing memorial conflicts, and forming a positive image of the future by alleviation of tension in the relations between the representatives of different ethnoses, regions and political orientations. Deepening of European Integration would contribute to not only consolidation of the European citizens as a nation, but also improve relationships of the official Kiev with the neighboring countries. Attention is focused on the analysis of attractiveness of European Integration for the Ukrainian citizens. A thought is advanced that one of the ways for enhancing integration processes with regards to Ukraine and the European Union is the creation of effective institutional mediation instruments on the national level. The author discusses the role of propaganda upon Ukrainian population against enhancement of the processes of European Integration. The article analyzes public opinion on political and socioeconomic policy of modern Ukraine.
Keywords:
public opinion, civil society, image of the future, civil nation, identity, European Union, Ukraine, European integration, national interests, international relationships