International organizations and peaceful resolution of disputes
Reference:
Primov M.N., Primova M.N.
Unified legal framework for restricting the turnover of landmine weapons
// International Law.
2024. ¹ 2.
P. 1-15.
DOI: 10.25136/2644-5514.2024.2.71096 EDN: LJKDOZ URL: https://en.nbpublish.com/library_read_article.php?id=71096
Abstract:
The dominance of the collective West caused by the liquidation of the USSR led to a sharp aggravation of the international situation, the emergence of new fierce local military conflicts with the massive use of landmine weapons. This entails the death and injury of both military personnel and civilians. The existing international treaties are practically not respected. The search for effective solutions in this area meets the basic needs of all peoples of the world, in contrast to the artificial problems of global projects of the collective West, implemented under the auspices of the WTO, IMF, IEF, WHO, and the World Bank. The obvious crisis of international humanitarian law reflects the state of international relations and makes the search for effective solutions to real humanitarian problems extremely relevant. The effectiveness of legal regulation is one of the main directions for solving the mine problem. Comparative analysis has shown that the very fact of the existence of two main treaties on landmine weapons, with different subject matter and composition of the participating States, objectively creates problems in the application and execution of these treaties. And the conducted generalization of reservations and statements made by individual parties to the treaties indicates that the latter may be aimed at non-fulfillment of these treaties. Within the framework of the two existing international mine action treaties, the obligation of their execution by the authors of the relevant novels is almost completely excluded. This conclusion is confirmed by the content of the relevant reservations, statements, and interpretations given in the work, which belong to the authorship of the States of the collective West. At the same time, it was the analysis of the relevant reservations and declarations that made it possible to formulate the main condition for international legal regulation in this area. As a solution to these problems, it is proposed to unify the regulation of the turnover of landmine weapons – the establishment of a unified concept of a mine action treaty based on the status of a party to an armed conflict. Another positive consequence of the existence of a single international treaty based on the prohibition of the use of landmine weapons on the territory of other States is the unification of the basic definitions of landmine weapons.
Keywords:
reservations, declarations, Ottawa Convention, Protocol II, Convention, mine problem, local military conflicts, collective West, international humanitarian law, law of international treaties
Integrational law and supernational associations
Reference:
Chetverikov A.O.
Confederation of Sahel States — a new integration alliance of the countries of «global South» (legal aspects)
// International Law.
2024. ¹ 2.
P. 16-40.
DOI: 10.25136/2644-5514.2024.2.71373 EDN: OBEPHI URL: https://en.nbpublish.com/library_read_article.php?id=71373
Abstract:
The article explores the legal nature and features of the Confederation of Sahel States, the youngest integration alliance in Africa and around the world, established on July 6, 2024 between Burkina Faso, the Republic of Mali and the Republic of Niger. The introductory section outlines the past, present and problems of legal regulation of integration processes in Africa, as well as its modern projects preceding the Confederation. After considering the reasons for the establishment of Confederation and procedural aspects (section «Historical and geographical origins»), the author scrutinizes its constituent documents, the legal status of its Member States, its organizational mechanism and competence (section «Legal status»). Finally, in accordance with the provisions of domestic and foreign legal doctrine, the experience of former confederal entities, the author presets conclusions together with his vision of future of the newborn Confederation. The article is the first in Russian legal science study of the Confederation of Sahel States in light of the global legal experience with respect to establishment and operation of such entities. The author agrees with the prevailing view of confederations as not quite effective form of unification of states due to the lack of a full-fledged system of central authorities. Nevertheless, the author insists that confederal structure might be attractive in several ways. This explains the fact that confederations are still in use in XXI century. With reference to documents, the author demonstrates that law and practice of historical confederations, now federations (USA, etc.), were not limited to foreign policy and defence, but also covered significant domestic policy measures. Therefore, in practical terms, the author advises the Confederation of Sahel States to focus on «development» issues (economic, scientific, technological, etc.), which, according to its constituent documents, form part its competence together with issues of «diplomacy», «defence and security».
Keywords:
East African Community, African Union, Confederation of Sahel States, Alliance of Sahel States, federation, sovereignty, confederation, integration, Liptaco-Gourma, United States of Africa
International law and international organizations interaction
Reference:
Belozertsev S.M.
Some aspects of ensuring the fulfillment of the terms of international treaties
// International Law.
2024. ¹ 2.
P. 41-53.
DOI: 10.25136/2644-5514.2024.2.70141 EDN: WHVWJK URL: https://en.nbpublish.com/library_read_article.php?id=70141
Abstract:
International relations based on international treaties face the problem of states fulfilling their obligations. Fulfillment of obligations is the foundation of contractual legal relations, which is secured by responsibility of various kinds and types. The stability of international relations is extremely important, first of all, for maintaining peace, which imposes additional moral obligations on states. The principle of good faith in the fulfillment of international obligations covers many aspects of a moral and ethical nature; it is on the principle of good faith that, for the most part, the fulfillment of the terms of international treaties is based. This scientific article provides an analysis of the criteria for assessing the conscientious behavior of an entity in the fulfillment of international obligations, and identifies existing guarantees for the conscientious execution of international treaties. The study made it possible to determine some aspects of ensuring compliance with the terms of international treaties. The foundation for the fulfillment of international obligations is the principle of good faith, which is one of the guarantees of the implementation of international treaties. Conscientious fulfillment of the obligation is also supported by certain measures, together they ensure the fulfillment of international obligations by states. The principle of fair execution of international treaties is enshrined with an indication of the consequences of non-compliance with it, but clear criteria for assessing the good faith behavior of an entity are not normatively designated, which excludes a formal approach to assessing good faith and thereby is a kind of guarantee of fair execution of international treaties. There are other elements that ensure the conscientious execution of international treaties, these include: the procedure for concluding international treaties, the definition of its conditions, international control and surveillance, the state of the domestic legislation of any state.
Keywords:
reservation, international law, United Nations, State responsibility, structure of an international treaty, terms of an international treaty, execution of an international treaty, principle of good faith, international treaty, international control
International law and national law
Reference:
Bagandova L.Z.
Prohibition of the rehabilitation of Nazism in international and foreign legislation: evolution and analysis
// International Law.
2024. ¹ 2.
P. 54-65.
DOI: 10.25136/2644-5514.2024.2.71730 EDN: DIOVYQ URL: https://en.nbpublish.com/library_read_article.php?id=71730
Abstract:
The subject of this study is the prohibition of Nazism rehabilitation, established by international law, as well as the criminal legislation of individual States. The author emphasizes the importance of considering aspects for the most effective application of the above-mentioned norm within the Russian legal framework. The author examines in detail such international treaties as the Universal Declaration of Human Rights of 1948, the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the Convention on the Prevention and Punishment of the Crime of Genocide of 1948, the International Convention on the Elimination of All Forms of Racial Discrimination of 1965 and other acts of international organizations. Considerable attention is paid to the criminal legislation of foreign countries: Germany, Austria, Romania, France, CIS countries and others. The methodology of the research consists of such methods as formal legal, logical, systemic, comparative legal, as well as the method of analysis. The scientific novelty of this study lies in the fact that for the most effective application of the above-mentioned norm, a comprehensive analysis of international and foreign legislation is carried out for the presence of norms prohibiting the rehabilitation of Nazism. According to the results of the study, the author comes to the conclusion that in modern foreign criminal legislation there are three main types of regulation of criminal liability for the rehabilitation of Nazism. The author also revealed a tendency that the criminalization of the manifestation of Nazism in foreign countries mainly takes place in the form of consolidation of norms on crimes of denial, justification of the Holocaust, or as one of the factors of inciting social discord. The author stressed that for a more complete regulation of the issues considered, it is necessary to develop and adopt a single international treaty reflecting the prohibition on the rehabilitation of Nazism and its individual manifestations.
Keywords:
criminal responsibility, human rights, Genocide, racial discrimination, Second World War, Nazism, Holocaust, international treaties, international law, prohibition of the rehabilitation of Nazism
Integrational law and supernational associations
Reference:
Shugurov M.V.
The program bases of scientific and technological cooperation of the EAEU states in the field of remote sensing of the Earth
// International Law.
2024. ¹ 2.
P. 66-98.
DOI: 10.25136/2644-5514.2024.2.35260 EDN: DFTGCU URL: https://en.nbpublish.com/library_read_article.php?id=35260
Abstract:
The subject of this study is a programmatic method for regulating cooperation and integration of the EAEU member states in the field of development and commercial use of Earth remote sensing technologies and techniques. The author dwells in detail on the state of legal regulation of cooperation between the EAEU member states in the space sector and shows the absence of a special subsystem of the Union's law. Special attention is paid to the analysis of the prerequisites for the development and adoption of the interstate program "Integrated System of the EAEU Member States for the production and provision of space and geoinformation services based on national sources of Earth remote sensing data" for 2021–2025 as a tool to increase the global competitiveness of the Union states in the field of space technologies and the big data economy. The main conclusion of the study is the recognition of this program as an important means to enhance scientific, technological and industrial cooperation between enterprises and organizations from the EAEU countries related to the space industry. The novelty of the research lies in the systematization of the planned results of the implementation of the program not only in relation to the formation of the technological base of the digital economy, but also in relation to achieving the goals of sustainable development. The main contribution of this research is to put forward and substantiate the idea that the successful implementation of the program will not only contribute to the consolidation of scientific and technical cooperation as an independent integration area, but will also contribute to the development of the legal framework of the Union regulating cooperation between the participating States in the field of space exploration and use.
Keywords:
cooperation in science and technology, system of satelites, program regulation, remote sensing of the Earth, integrative processes, space technology, law of the EAEU, big data, geoinformation, joint projects