International law and national law
Reference:
Abdullayev N.N.
Legal framework for Azerbaijan – EU cooperation in the energy sector
// International Law.
2021. ¹ 3.
P. 1-14.
DOI: 10.25136/2644-5514.2021.3.35859 URL: https://en.nbpublish.com/library_read_article.php?id=35859
Abstract:
This article is dedicated to the analysis of legal framework of Azerbaijan – EU relations in the energy sector. The relevance of this topic in recent months is substantiated by change in geopolitical realities of the South Caucasus Region, and discussions on unblocking economic and transport communications that intensified after the Second Nagorno-Karabakh Conflict. The region is an interlink between Asia and Europe; and Azerbaijan, being an exporter of oil and natural gas, is an important energy partner of the European Union. The flip of political situation in the region in the nearest future would change not only the energy relations between the countries of the region, but also EU and EAEU members-states. The subject of this research is the bilateral agreements, memoranda and joint declarations adopted by the parties in 30 years since reestablishment of the independence of Azerbaijan. Special attention is given to the vectors of cooperation of the parties both pertaining to extraction and transit of energy resources from South Caucasus and Central Asia. The author employs general dialectical, logical, historical, descriptive, formal-legal approach methods of research methods to determine the key trends and characteristics of the legal framework of Azerbaijan – EU relations in the energy sector. The scientific novelty of lies in the analysis of normative legal framework of cooperation in the energy sector beyond the context of general political and economic relations, as well as in outlining the peculiarities of legal framework of such cooperation. The conclusion is made that the cooperation between the two parties in the energy sector leans on the framework rather than binding legal agreement, which allows both parties to develop relations in the energy sector as mutually beneficial projects based on the market principles.
Keywords:
Baku-Tbilisi-Ceyhan, Eastern partnership, European neighbourhood policy, Contract of the century, transport, energy, Azerbaijan, European Union, Baku-Tbilisi-Erzurum, Southern gas corridor
International law and national law
Reference:
Maslova S.V.
On the concept of international standards of public-private partnership
// International Law.
2021. ¹ 3.
P. 15-25.
DOI: 10.25136/2644-5514.2021.3.36518 URL: https://en.nbpublish.com/library_read_article.php?id=36518
Abstract:
The scope of international legal regulation of public-private partnership (PPP) is being expanded due to the extended range of intergovernmental relations and relations involving international organizations of public-private partnership, as well as extension of the scope of international law to cross-border relations regarding PPP. A relatively small number of international conventional rules and legal norms that regulate the relations in the sphere of public-private partnership have not yet been codified in the form of a multilateral international treaty. Gaps in the international legal regulation activate non-formal processes of managing international and cross-border relations in the sphere of public-private partnership with prevalence of the international intergovernmental organizations. The scientific novelty lies in articulation of the problem of formulation and application of the international standards of public-private partnership as the results of such non-formal processes of international rulemaking of international organizations. Using the formal legal and comparative legal methods, generalization and abstraction, the author formulates the definition of international standards of public-private partnership, discloses their content and difference from the international standards in other spheres of international relations, assesses their legal nature, problems and prospects of their formation. It is substantiated that the development of international standards of public-private partnership would be facilitated by establishment of their adoption procedure in the conditions of cooperation of all international organizations that perform a regulatory function in the sphere of public-private partnership.
Keywords:
international standards, interaction, rule-making function, international organisations, foreign private investment, PPPs, public private partnerships, soft law, sustainable development goals, SDGs
Question at hand
Reference:
Kolobov R.Y., Ditsevich Y.B.
The issues of international legal protection of the Lake Baikal: results of the 44th session of the World Heritage Committee
// International Law.
2021. ¹ 3.
P. 26-39.
DOI: 10.25136/2644-5514.2021.3.36699 URL: https://en.nbpublish.com/library_read_article.php?id=36699
Abstract:
The subject of this research is the decisions made at the 44th session of the World Heritage Committee in the matter of conservation of the World Heritage Site – Lake Baikal. Using the scientific methods of analysis, synthesis, etc., the author carries out in-depth analysis of the content of documents approved at the 44th session of the World Heritage Committee regarding the Lake Baikal held in July 2021, within the framework of which the international community estimates the discharge of obligations by the Russian Federation concerning the preservation of ecosystem of the Lake Baikal. The goal of this article is to explore and offer solutions to certain problematic aspects of international legal protection of the Lake Baikal in the context of discussion unfolded at the 44th session of the World Heritage Committee. The article examines the legislative changes in regulation of the various groups of social relations in the Central Ecological Zone of Lake Baikal and its islands, and formulates recommendations for their improvement. The author determines the non-systemic nature of legal regulation in this sphere, and this, inability to forecast changes in the regime of legal protection of the Lake Baikal. For solution of the indicated issue, the author formulates the proposal on the need to develop and approve the long-term management plan for the World Heritage Site “Lake Baikal” using approaches of the bodies of the system of world heritage protection. The development of such plan would be facilitated by extension of the umbrella regime of the listed territory to the Central Ecological Zone of Lake Baikal and its islands, as well as by creation of single administration that would also control other listed territories that are part of it. Analysis is conducted on the topical issues related to conservation of the Lake Baikal ecosystem, which were outlined at the 44th session of the World Heritage Committee. The author suggests a number of amendments to the federal legislation aimed at strengthening the national legal protection of World Heritage Sites.
Keywords:
conservation of biodiversity, Baikal Natural Territory, world heritage, prevention of environmental offenses, Lake Baikal, environmental protection, nature - protected, the woods, water resources, Committee decisions
Development of separate branches of international public law
Reference:
Korzhenyak A.M.
On the international legal regulation of cooperation between air transport companies
// International Law.
2021. ¹ 3.
P. 40-50.
DOI: 10.25136/2644-5514.2021.3.36527 URL: https://en.nbpublish.com/library_read_article.php?id=36527
Abstract:
The subject of this research is the problematic aspects of international legal regulation of cooperation between airways. The author reviews the fundamental international treaties in the sphere of international air transportation (international air law). Special attention is given to examination of different types of bilateral agreements on air transport or air communication. Analysis is conducted on the advantages and disadvantages of the structure of bilateral regulation; different classification of the alliances in Russian and foreign scientific literature. The conclusion is made that although initially, the strategic alliances were created to improve the welfare of air transport companies by reducing costs, currently there is market, concentration with overwhelming share of the three largest alliances. Stiff competition forces to join one or another alliance in order to share in the international air carriage, which clearly indicates the tendency to globalization of air transport. There is no doubt that the countries constantly use the methods of bilateral regulation for obtaining vast benefits. Currently, further development of bilateral and multilateral (namely regional) cooperation in the sphere of international air carriage aimed at liberalization of international air transport is of major importance. This is the most efficient and fastest means of communication between the countries. The conclusion is made on the insufficient and fragmentary nature of international legal regulation of airways cooperation. The author advances the idea of going beyond private law regulation and creating a universal international legal mechanism that would help to overcome the problem of discrimination against third countries.
Keywords:
franchising, interline, code sharing, alliances, ICAO, air transport markets, international air transport law, joint ventures, «block space», airlines pooling
International law and national law
Reference:
Cherepanov M.M.
On the question of extradition verification conducted by the prosecutors of territorial and specialized prosecutor's offices of the lower echelon of the prosecutorial system of the Russian Federation, and on certain flaws of the snap poll of a person on the international wanted list
// International Law.
2021. ¹ 3.
P. 51-63.
DOI: 10.25136/2644-5514.2021.3.36132 URL: https://en.nbpublish.com/library_read_article.php?id=36132
Abstract:
The subject of this research is the materials of prosecutorial and judicial practice, as well as the norms of the current legislation of the Russian Federation, including international treaties of the Russian Federation. The object of this research is the extradition verification as the established by legislation legal means of the prosecutor aimed at detecting violations of the Constitution of the Russian Federation and laws effective in the territory of the Russian Federation, including international treaties of the Russian Federation and generally accepted principles of international law, human and civil rights and freedoms, factors and conditions that contribute to such violations, and responsible parties in the context of resolving the question of extradition of foreign citizens and stateless persons from the Russian Federation or establishing the absence of indicated violations. Special attention is given to the concept, peculiarities, structure and content of extradition prosecutorial verification. The author supports the opinion of some scholars on the need to adopt foreign experience (namely of the Republic of Kazakhstan and Ukraine), as well as specify in the Criminal Procedure Code of the Russian Federation the normative definition of the term “extradition check verification” and particular procedural actions of the prosecutor that constitute such verifications. The conclusion is made that the snap poll procedure for the detainee should be considered the initial (organizational and preparatory) stage of the extradition verification; there are gaps in normative regulation of the snap poll procedure, which may cause difficulties in practice of the prosecutors of the lower echelon of prosecutorial system of the Russian Federation, who are entrusted to take part in international cooperation. The author underlines the need for mandatory correction of all the flaws, and offers the original perspective on their elimination.
Keywords:
express survey sheet, international agreement, international search, prosecutor's check, prosecutor, prosecutor's Office, extra-traditional verification, extradition, the detained person, disadvantages