Integrational law and supernational associations
Reference:
Duben A.K.
Information security in the Union State: the universal legal dimension
// International Law.
2024. ¹ 1.
P. 1-11.
DOI: 10.25136/2644-5514.2024.1.69960 EDN: ERZJPG URL: https://en.nbpublish.com/library_read_article.php?id=69960
Abstract:
The subject of the study forms a set of legal norms of normative legal acts of the Russian Federation, the Republic of Belarus and the interstate association of the Union State of the Russian Federation and the Republic of Belarus, international treaties(agreements) regulating public relations in the field of information security, law enforcement practice, foreign experience of legal regulation, as well as provisions theoretical interdisciplinary research in this field. The object of the study is public relations related to the legal provision of information security in the Union State. The Russian Federation and the Republic of Belarus in the context of new challenges and threats, as well as digital transformation and geopolitical changes. The analysis indicates a certain experience of scientific research in this field. At the same time, in the context of significant changes in socio-economic and foreign policy conditions, new challenges and threats, multi-vector scientific research in the information and legal sphere is necessary. The methodological basis of this study is a system of modern general scientific and private law methods. The study of the formation, development, place and role of the legal provision of information security of the Union State of the Russian Federation and the Republic of Belarus was conducted using the following general scientific methods: analysis and synthesis, abstraction and modeling, generalization, description, etc. The main conclusions of this study were the following proposals, it is necessary to develop and approve the conceptual framework for the legal provision of information security for the development of regional interstate cooperation within the framework of the Union State of the Republic of Belarus and the Russian Federation. This is important for solving the tasks of ensuring national and international information security, implementing agreements within the framework of regional interstate associations and further forming a system of universal public law mechanisms for ensuring information security. At the same time, the strategic legal acts of the Union State in the field of information security are dynamic in nature due to changes in social and political relations, including at the international level. There is a growing tendency to perceive the information space not only as an area requiring the use of exclusively protective measures of influence, but also involving active offensive measures to the extent necessary to protect national interests.
Keywords:
harmonization, problems of cooperation, international organizations, digitalization, place of information security, international security, information security, international law, legal support, Union State
Development of separate branches of international public law
Reference:
Kupriyanovich M.S.
International legal issues and problems of implementation in the field of maritime transport safety: review and constructive theses
// International Law.
2024. ¹ 1.
P. 12-28.
DOI: 10.25136/2644-5514.2024.1.70366 EDN: JKRJSY URL: https://en.nbpublish.com/library_read_article.php?id=70366
Abstract:
The work examines various aspects of international legal regulation of maritime transport safety through the analysis of the international legal mechanism of such, assessment of the challenges and threats emerging in modern times. The problems of the implementation of international legal norms in the field of maritime transport safety in Russian criminal legislation are considered, on the basis of which measures are proposed to improve and bring to compliance with the norms of law. In order to organize effective legal security in maritime transport, it is necessary to summarize the international regulatory framework for countering threats to maritime transport security; identify current trends in maritime transport security; substantiate the author's proposals for improving legal regulation in the field of maritime transport security organization. The solution of these tasks is identified by the author in the system of norms of international legal regulation of safety in maritime transport, as well as in the consideration of the international legal mechanism and the problems of implementing the norms of international maritime law in domestic legislation to ensure safety in maritime transport. The main heuristic means and methods used in research are complex and systemic varieties of scientific analysis and synthesis of data, analogy of information and characteristics, the method of advancing and verifying theoretical and legal hypotheses, generalization of conceptual provisions, functional cognition, historical and formal legal methods. The main scientific results of the work include the fact that the author has revealed the dynamics of the development of the legal mechanism for ensuring safety in maritime transport and verified its periodization, established an international legal mechanism for ensuring safety in maritime transport, and separated threats to safety in maritime transport. The scientific significance of the study is that it has formed a system of scientific international legal knowledge reflecting the contradictions between the needs of practical safety in maritime transport and the possibilities of its legal regulation in modern conditions, as well as possible ways to eliminate it. It is recommended to introduce the main scientific results of the conducted research into the process of teaching legal disciplines of transport and other educational organizations, as well as for further research.
Keywords:
social contradictions, public requests, bringing into compliance, technogenicity i anthropogenicity, globalization, regulatory function, transport sector, maritime law, international relationships, unmanned vehicles
Development of separate branches of international public law
Reference:
Gorbunov I.A.
Information security: international legal aspects of its provision
// International Law.
2024. ¹ 1.
P. 29-38.
DOI: 10.25136/2644-5514.2024.1.70440 EDN: FQXKYN URL: https://en.nbpublish.com/library_read_article.php?id=70440
Abstract:
The relevance of the topic under consideration is due to the globalization of the information space, which arises in connection with the intensive development of information technologies, which implies the need to develop new approaches to ensuring information security. Based on the principles of sovereign equality and international cooperation, States interact with each other in the common interest (including in the legal field), develop basic principles and norms on which the legal foundation for the legal provision of international information security is based. The author states that the importance of implementing coordinated measures by participants in international legal interaction in this area is due to the fact that if information security is an integral part of national security, then international information security is an immanent element of international security, without which it is impossible to build a system of secure interstate cooperation in modern realities. The author applied the method of theoretical analysis in the process of research, the conclusions are based on a formally logical method. The main conclusion of the author of the study is the following position: the goals of maintaining the state of security of the global information space may be unattainable without proper cooperation (in particular, organizational and legal in nature) in solving problems related to ensuring international information security at several levels of interaction: bilateral, regional, global. The high level of interdependence of countries and the need to ensure the principle of indivisibility of security form the global need to find compromises and common approaches in ensuring international information security. The definition of a single conceptual framework that does not allow ambiguity, contradictions and terminological uncertainty, as well as the basic principles that are the legal foundation of the legal regulation of international information security, should be implemented by developing a single international treaty. This conclusion is due to the ineffectiveness of the norms of "soft law" and international morality based on the principles of voluntary fulfillment of obligations implemented in the process of interstate interaction.
Keywords:
interstate declarations, international documents, geopolitics, national security, information space, global information space, international agreements, digitalization, international legal interaction, threats to information security
Development of separate branches of international public law
Reference:
Malichenko V.S.
Ensuring the right to use the results of scientific progress in the context of the formation of new threats to human security and the problem of the circulation of dual-use technologies
// International Law.
2024. ¹ 1.
P. 39-50.
DOI: 10.25136/2644-5514.2024.1.70676 EDN: SKYARH URL: https://en.nbpublish.com/library_read_article.php?id=70676
Abstract:
The subject of the study is international legal norms, documents of international organizations, as well as acts of domestic law that establish guarantees for ensuring the human right to use the results of scientific progress, as well as forming international legal mechanisms for the transfer of scientific knowledge and health technologies that can be used for military operations, as well as the implementation of terrorist and other illegal activity. The object of the study is public relations arising from the interaction of various subjects of international relations within the framework of the development of international legal mechanisms, as well as the adoption of documents defining the procedure for access to dual-use healthcare technologies. The purpose of the study is to develop proposals for the formation of international legal mechanisms aimed at ensuring a balance of public law guarantees for the realization of the human right to use the results of scientific progress and priorities in the field of human and state security. The research methodology is based on general scientific methods of cognition, including formal logical and situational, and private legal methods such as comparative legal, historical legal and formal legal. Technological advances are a fundamental condition for ensuring health protection, social assistance, as well as countering natural and intentional emergencies. However, a number of technologies (genomic editing, artificial intelligence, etc.) can be used to carry out acts of terrorism or conduct military activities. The introduction of international legal means aimed at increasing access to scientific knowledge or health technologies can lead to their uncontrolled use, forming a new threat to human and State security. The paper presents an analysis of international legal guarantees of ensuring the human right to health, as well as a systematized list of healthcare technologies with the possibility of dual-use. The article presents a list of international legal means to ensure control over the circulation of dual-use healthcare technologies. The authors have formulated a number of practical recommendations aimed at determining the regulatory content of the right to use the results of scientific progress in the context of modern challenges of technological development.
Keywords:
genetic editing, WHO, dual use technology, human security, pandemics, scientific progress, right to health, health protection, health technology, scientific knowledge
Military associations and alliances
Reference:
Ryzhov V.B.
Ukraine – NATO: relations and prospects of membership
// International Law.
2024. ¹ 1.
P. 51-62.
DOI: 10.25136/2644-5514.2024.1.70484 EDN: ZYYCXK URL: https://en.nbpublish.com/library_read_article.php?id=70484
Abstract:
The author notes that the North Atlantic Treaty Organization (NATO) in modern conditions plays one of the key roles in ensuring security and stability in Europe. It is stated that, in accordance with its founding documents, this international structure aims to unite the efforts of its members for collective defense and for the preservation of peace and security. The article reveals the international legal aspects of the Partnership for Peace program, established in 1991 to ensure cooperation between NATO and European states that are not members of the alliance, and to maintain a constant dialogue on issues of mutual interest to both NATO and states that are not part of this military-political bloc. It is emphasized that this program is used for the purpose of cooperation between NATO members and non-members in the military and defense spheres, including in various crisis situations, based on the postulate that the security of member states is inseparably linked with the security of all other European states. The article focuses on the analysis of the history and prospects of the development of relations between Ukraine and the North Atlantic Treaty Organization. The policy of the Ukrainian leadership towards the bloc, as well as concrete steps within the framework of Euro-Atlantic integration are considered. Special attention is paid to the analysis of the compliance of the current state of the internal political system of Ukraine with the requirements and standards of NATO. The official position of the Russian Federation on the issue of Ukraine's membership in NATO is considered. It is concluded that Ukraine's entry into NATO in the short and medium term contradicts the interests of the international organization itself.
Keywords:
Ukraine, NATO, membership, Euro-Atlantic integration, European Security, crisis situations, armed conflicts, international legal regulation, Russia, international cooperation