International law and national law
Reference:
Maksimov, A.A., Goncharov, V.V., Malinovskii, O.N., Petrenko, E.G. (2025). Is public control possible outside the territorial borders of the state: towards the formulation of the problem. International Law, 3, 1–12. https://doi.org/10.25136/2644-5514.2025.3.71892
Abstract:
This article is devoted to the analysis of the issues of the possibility and necessity of organizing and implementing public control outside the territorial borders of the state. The authors note that the public control is the most important legal guarantee for the implementation and protection of both the system of constitutional principles and the entire system of rights, freedoms and legitimate interests of citizens of the Russian Federation, as well as numerous non-governmental non-profit organizations. In this regard, the issues of determining the spatial boundaries of the functioning of this institution of civil society are of particular interest. In the context of international law, the territory of the planet is conventionally represented by the state territory of the countries of the world, territories with a mixed regime, as well as territories with an international regime (the Antarctic continent occupies a special place in this group of territories). The authors analyze the possibilities and limits of the functioning of public control within each group of these territories. The article uses a number of methods of scientific cognition, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The paper analyzes modern problems that impede the optimal functioning of the institute of public control outside the territorial borders of the state (on the example of Russia), the most important of which are: the lack of consolidation in the legislation on public control of the concept and content of the territorial limits of the functioning of this institution of civil society; the absence in international legislation of direct consolidation of the institute of control of civil society of the peoples of the United Nations international governmental and non–governmental organizations; weak development of the institute of international associations and unions of subjects of public control (subjects of civil society); ignoring by a number of countries (including the United States) the need to sign and (or) ratify the most important UN conventions affecting territories with a mixed and international regime (for example, the UN Convention on the Law of the Sea dated 11/16/1994); weak development in the scientific doctrine of international law of forms, methods, principles, grounds and limits of the functioning of public control (control of civil society) outside the territorial borders of the state. The authors have developed and justified a system of measures to resolve these problems.
Keywords:
optimization, problems, Russian Federation, state, territorial borders, limits, democracy, public control, international law, sovereignty
Development of separate branches of international public law
Reference:
Balichevsky, D. (2025). Restrictive and expansive interpretation of the 1967 Outer Space Treaty in the context of the use of space resources. International Law, 3, 13–31. https://doi.org/10.25136/2644-5514.2025.3.74629
Abstract:
The subject of the research is the main theoretical and legal approaches to the interpretation of norms of international space law in the context of the use of space resources, as presented in the modern doctrine of international law. The object of the research is the international legal relations arising in the process of interpreting and applying the provisions of the Outer Space Treaty of 1967 in relation to the issues of the legality of the use and appropriation of space resources by various subjects of international law. The study aims to identify the content and methodological foundations of restrictive and expansive approaches to the interpretation of Articles I and II of the Outer Space Treaty, analyze their theoretical premises, and assess the impact of doctrinal developments on the formation of a prospective international legal regime for space resources. Special attention is given to analyzing the positions of leading representatives of international legal science regarding the extension of the prohibition of national appropriation to private entities and the qualification of natural resources of celestial bodies as part of the latter. The methodological basis of the research is provided by general scientific methods of cognition, including a systemic approach to analyzing doctrinal positions, comparative legal analysis of various interpretations of international legal norms, as well as methods of legal hermeneutics in studying the ways of interpretation of international treaties. The scientific novelty of the research is determined by the comprehensive analysis of doctrinal approaches to the issue of space resources from the perspective of the methodology of interpretation of international law. For the first time, a systematization of theoretical and legal concepts has been conducted, revealing their philosophical and legal foundations and practical implications. The study demonstrates that discrepancies in doctrine are attributable to different understandings of the nature of international law: teleological and literal interpretations of international treaties, as well as the prioritization of collective and individual interests. It has been established that the restrictive approach is based on a systemic analysis of international legal norms and the concept of the common heritage of mankind, while the expansive approach is grounded in the principles of common law and the doctrine of res nullius. The conclusion is drawn regarding the necessity of synthesizing rational elements of both concepts to create an effective international legal regime for space resources, taking into account both the collective interests of the international community and the needs for the development of space technologies.
Keywords:
collective heritage of humanity, use of outer space, celestial bodies, private appropriation, national appropriation, expansive interpretation, restrictive interpretation, common heritage of mankind, space resources, legal hermeneutics