Reference:
Shipilova E.P..
The interaction of formal and informal international norm-making: functionalist and distributive approaches
// International Law.
2026. № 1.
P. 143-157.
DOI: 10.25136/2644-5514.2026.1.78485 EDN: AYQHSV URL: https://en.nbpublish.com/library_read_article.php?id=78485
Abstract:
The subject of the research is the phenomenon of informal international norm-making (IN-LAW) in the context of its interaction with classical mechanisms of international public law. The author examines in detail such aspects of the topic as the influence of informal regulators on the legitimacy and sustainability of global governance. The work analyzes the dichotomy of two theoretical approaches to the choice of regulatory mechanisms by states: functionalist, efficiency-oriented, and distributive, which views norm-making as a struggle for power. Special attention is paid to identifying the conditions under which informal procedures enter into synergy with formal law or generate conflicts. The empirical basis consists of five areas: regulation of GMOs, climate policy, trade in cultural products, humanitarian interventions, and non-proliferation of nuclear weapons. The object of the study is the mechanisms of interaction between formal and informal norms in the specified areas. The methodological foundation consists of comparative legal analysis, allowing for the comparison of the functioning of formal and informal institutions. The study also relies on political-legal analysis methods to assess the impact of distributive conflicts on the evolution of legal regimes. The scientific novelty lies in rethinking the role of informal norm-making: it emerges as a strategic resource for states in the context of global competition, rather than a supplementary element. It is demonstrated that the nature of the interaction between IN-LAW and classical law depends on the level of distributive conflict. The findings of the study show that at low levels of conflict, there is a transformation of informal norms into institutions of public law. When the conflict reaches a critical level, formal structures lose stability, leading to the fragmentation of the legal system and uncertainty in law enforcement. Thus, adequate understanding of contemporary international law is impossible without considering the strategic role of informal norm-making. Ignoring this phenomenon deprives the opportunity to understand the deep mechanisms of transformation of global governance in the context of diversity and contradictions of legal systems.
Keywords:
Informal international lawmaking (IN-LAW), Public international law, Global governance, Distributive conflict, Distributive approach, Functionalism, Legitimacy, Fragmentation of law, Comparative legal analysis, Legal regimes
Reference:
Shamsutdinov I.R..
The role of the UN in ensuring the enforcement of the decisions of the International Criminal Court
// International Law.
2026. № 1.
P. 86-99.
DOI: 10.25136/2644-5514.2026.1.78330 EDN: GMKJIF URL: https://en.nbpublish.com/library_read_article.php?id=78330
Abstract:
The subject of the research is the legal and institutional interaction between the International Criminal Court (ICC) and the United Nations Security Council (UNSC) in the context of implementing decisions of international criminal justice. The object of the research is the international legal mechanisms for ensuring cooperation between states and the ICC in situations referred to its jurisdiction by the UNSC. The author discusses in detail such aspects as the legal foundations for the interaction between the ICC and the UN, the limits of the UNSC's powers in the field of international criminal justice, and the influence of political factors on the implementation of the Court's decisions. Special attention is given to analyzing the practice of referring situations to the ICC's jurisdiction under Chapter VII of the UN Charter, as well as identifying structural limitations related to the Court's lack of its own enforcement mechanisms. The article also analyzes the issues of the relationship between the international obligations of states arising from UNSC resolutions and the principle of state sovereignty, including questions related to the immunities of officials. The research employs formal-legal, systematic, and comparative-legal methods, as well as an analysis of international treaties, UNSC resolutions, and the practice of international judicial bodies. The scientific novelty of the study lies in the comprehensive analysis of the problem of implementing the decisions of the ICC through the lens of the interaction between legal and political mechanisms enacted by the UNSC. Unlike existing approaches, the article argues that the effectiveness of international criminal justice is determined not only by the normative content of the Rome Statute but also by the institutional architecture of the interaction between the ICC and the organs of the UN system. The author concludes that the political nature of the UNSC's activities significantly affects the selectivity of the application of mechanisms for referring situations and implementing the Court's decisions, which, in turn, undermines trust in international criminal justice. It is concluded that there is a need for institutional improvement of the cooperation model between the ICC and the UN, including the development of more resilient mechanisms for monitoring the implementation of UNSC resolutions and the obligations of states to cooperate with the Court.
Keywords:
International Criminal Court, UN Security Council, United Nations, execution of decisions, international criminal justice, international organizations, sovereignty of states, international cooperation, UN Security Council resolutions, politicization of international justice
Reference:
Belozertsev S.M..
Some aspects of ensuring the fulfillment of the terms of international treaties
// International Law.
2024. № 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:
international treaty, principle of good faith, execution of an international treaty, terms of an international treaty, structure of an international treaty, United Nations, State responsibility, international law, reservation, international control
Reference:
Gorelik I.B..
The Role of international Organizations in the Process of countering Cybercrime
// International Law.
2022. № 3.
P. 28-41.
DOI: 10.25136/2644-5514.2022.3.38585 EDN: YRFGHQ URL: https://en.nbpublish.com/library_read_article.php?id=38585
Abstract:
The subject of the study is the role of international organizations in the formation of an international legal system for countering cross-border cybercrime. The purpose of the study is to identify current trends in the work of international organizations in the field of the formation of regional and global legal systems for countering cybercrime. The system approach and formal legal approach are used as the main research methods. As a result of the study, specific features of regional international organizations and legal problems of countering cybercrime were identified, the question of the applicability of existing international law to cyberspace was analyzed. In particular, it is noted that at the moment modern international law is not capable of adequately and effectively countering cybercrime. The absence of a universal international legal act regulating the process of combating cybercrime is emphasized. On the other hand, the positive role of individual international organizations in the formation of the international legal system of counteraction is noted. In particular, the study describes the practice of forming expert groups by such organizations, as well as assistance to other regional international organizations in the process of creating their own international legal systems. One of the main conclusions is the conclusion that the absence of a universal UN legal document creates certain difficulties in the course of interstate coordination of procedural actions of law enforcement agencies and interaction of relevant international organizations. The author also concludes that the law-making experience of individual international organizations can be taken as a basis for the creation of a universal international legal act regulating the fight against cybercrime.
Keywords:
cybercrime, international law, international organizations, The Internet, Budapest Convention, United Nations, Commonwealth of Independent States, International Telecommunication Union, NATO, Council of Europe
Reference:
Kolobov R.Y., Ganeva E.O..
Features of legal protection of some World Natural Heritage sites in Bulgaria
// International Law.
2022. № 2.
P. 10-27.
DOI: 10.25136/2644-5514.2022.2.37995 URL: https://en.nbpublish.com/library_read_article.php?id=37995
Abstract:
The subject of the research in the framework of this article is the practice of Bulgaria's fulfillment of international obligations to protect such natural heritage sites as the Pirin National Park and the Srebyrna Nature Reserve. The features of the development of the ecological state of the specially protected natural territories under study are considered, the problems of their legal protection are identified, and the main measures that have allowed preventing the degradation of unique natural complexes, in particular, the application of the management plan for specially protected territories in the Republic of Bulgaria, are analyzed. The issues concerning the boundaries of the World Heritage sites under consideration and the procedure for their determination are investigated, the possibility of extending the buffer zone regime to the territories excluded from the World Heritage site Lake Baikal is assessed. The analysis of the experience of cooperation between the authorities of the Republic of Bulgaria and the World Heritage protection system in relation to the Pirin National Park and the Srebyrna Nature Reserve allows us to recognize the effectiveness of interaction between national and international means of nature protection. Using the comparative legal method of research, it is concluded that the positive experience of Bulgaria can be applied in solving the problems of protecting the World Heritage site Lake Baikal, including the establishment of a requirement at the level of law to prepare management plans. Based on the results of the analysis, the authors formulated recommendations for improving the domestic regulatory framework in the field of protection of World Heritage sites.
Keywords:
Pirin National Park, Srebyrna Nature Reserve, world heritage, Lake Baikal, international law, legal protection, environmental law, buffer zone, management plan, World Heritage Committee
Reference:
Shinkaretskaya G.G., Rednikova T.V..
Influence of the Arctic Council upon the formation of a single legal space in the Arctic Region
// International Law.
2022. № 1.
P. 29-39.
DOI: 10.25136/2644-5514.2022.1.37287 URL: https://en.nbpublish.com/library_read_article.php?id=37287
Abstract:
The Arctic Council was established in accordance with the 1996 Ottawa Declaration as a “high level intergovernmental forum” for ensuring cooperation in the Arctic. It concentrates on the promotion of sustainable development and environmental protection in the Arctic. The scientific research conducted in the early 2000s under the auspices of the Arctic Council provided a more holistic representation of the problems of the Arctic and methods for their solution. Currently, the Arctic Council is the so-called coordinating center for the development of the Arctic legal order, being a place for negotiations, outlining the positions of the countries on specific issues, and establishing possible solutions to the problems. With the assistance of the Arctic Council, the Arctic sates have concluded certain treaties. Besides the eight Arctic states, which have authority for decision-making in the Council along with the right to discuss its policy and manage the six executive committees, the observing countries out of the non-Arctic states have been included to the Councils, although with restrictions in their powers thereof. The Arctic Council is recognized by the international community as the leading and responsible organizer of legal order in the Arctic Ocean that represents the interests of both Arctic and non-Arctic states. The involvement of non-Arctic states in the Arctic Council may improve the effectiveness of its activity in the sphere of sustainable development and environmental protection, as well as ensure their commitment to the results achieved within the Council and assert position of the Council as the most logical and appropriate place for the formation of international coordination in the Arctic.
Keywords:
Arctic Council, international law, international organisations, soft law, environmental protection, scientific research progects, climate, global warming, Arctic states, legal order