Is public control of extraterritorial objects possible (using the example of the use of the waters of the World Ocean): to the problem statement

Cheshin Andrei Vladimirovich ORCID: 0009-0000-7572-3076 PhD in Economics Associate Professor; Faculty of Secondary Vocational Education; Orsk Institute of Humanities and Technology (branch), Orenburg State University 462419, Russia, Orenburg region, Orsk, Mira, 15A niipgergo2009@mail.ru Other publications by this author     Goncharov Vitalii Viktorovich PhD in Law Associate Professor; Department of Civil Procedure and International Law; Kuban State University 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 niipgergo2009@mail.ru Other publications by this author     Malinovskii Oleg Nikolaevich ORCID: 0000-0001-6541-9046 PhD in Law Associate Professor; Department of Civil Procedure and International Law; Kuban State University Head of the Department; Federal State Budgetary Educational Institution of Higher Education 'Kuban State University' 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 niipgergo2009@mail.ru Other publications by this author

Petrenko Elena Gennad'evna PhD in Law Associate Professor of the Department of State and International Law, Kuban State Agrarian University named after I. T. Trubilin 350044, Russia, Krasnodar Territory, Krasnodar, Kalinina str., 13 niipgergo2009@mail.ru Other publications by this author

Introduction.

The issues of the legal status and regime of the use of the World Ocean are widely studied in the works of S. K. Gulev, ^{[7, pp. 25-36]} D. M. Kirillov, ^{[9, pp. 14-16]} B. F. Lavrentiev, ^{[10, pp. 56-60]} D. D. Makienko, ^{[11, pp. 48-50]} T. A. Sushkevich, ^{[15, p. 103-109]} by A. R. Shamsutdinova, ^{[16, pp. 87-89]} as well as a number of other authors. In turn, the problems of the organization and implementation of public control at the international level are analyzed in detail in the works of E. G. Petrenko, ^{[1, pp. 3454-3463; 5, pp. 76-79]} E. V. Berdnikova, ^{[2, pp. 6-9]} V. V. Goncharov, ^{[3, pp. 94-99; 4, pp. 80-91]} A. A. Borisova, ^{[6, pp. 78-91]} T. D. Zavyalova, ^{[8, pp. 111-121]} O. V. Nezhenets, ^{[12, pp. 230-235]} V. M. Palchenkova, ^{[13, pp. 51-56]} E. D. Kuleshova, ^{[14, pp. 86-89]} as well as many other scientists. However, the proportion of works devoted to the analysis of the possibility and necessity of organizing and exercising control of the civil society of the peoples of the United Nations in relation to extraterritorial objects is small. This is the reason for the choice of the topic of this study, the purpose of which is not only to identify and study the main problems that hinder the organization and conduct of control activities of the civil society of the peoples of the United Nations in relation to extraterritorial objects (using the example of the waters of the World Ocean), but also to develop and justify a system of measures to resolve these problems. The scientific objectives of the study are: a) justification of the need to extend the institution of public control to extraterritorial objects (in particular, to such an object as the use of the waters of the World Ocean); b) justification of the use of the waters of the World Ocean as the most important promising object of control of the civil society of the peoples of the United Nations; c) identification and analysis of the main problems that hinder the organization and implementation of measures of said control d) development and justification of a system of measures to resolve these problems.

Research methods and methodology.

A number of scientific research methods are used in the work, in particular: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The empirical basis of the study was: international normative legal acts defining the international legal status of the waters of the World Ocean (in particular, the UN Convention on the Law of the Sea of 11/16/1994); national legislation defining the national legal status and regime of use of internal marine waters, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of the Russian Federation Russian Federation (for example, Federal laws No. 155-FZ dated 07/31/1998 "On Internal Sea Waters, Territorial Sea and Adjacent Zone of the Russian Federation", No. 191-FZ dated 12/17/1998 "On the Exclusive Economic Zone of the Russian Federation", No. 187-FZ dated 11/30/1995 "On the Continental Shelf of the Russian Federation"); scientific periodicals with works that form the basis of the international legal doctrine of international maritime law; materials of practical activities of international governmental and non-governmental organizations.

The main text.

The Institute of Public Control (control of the civil society of the peoples of the United Nations) acts as the cornerstone of democracy at the national and international levels.

This is due to the fact that the peoples of the United Nations, on the one hand, act in accordance with the UN Charter as indirect (through the activities of state authorities of individual UN founding countries) founders of the UN and the modern system of international law (system of international governmental organizations), and on the other hand, they are bearers of primary sovereignty, which no one can have seized (moreover, attempts to usurp power, cancel elections and referendums, as well as their falsification, are illegal and criminal both in accordance with national legislation and in accordance with international law).

Therefore, the control of civil society actors of the peoples of the United Nations should extend not only to objects covered by national legislation, but also to extraterritorial objects.

This category of objects can include, in particular, space, Antarctica, the use of the waters of the World Ocean, etc.

Let's consider one of these objects – the use of the waters of the World Ocean.

What is the importance of this extraterritorial object and why is it extraterritorial?

This object is extraterritorial on the basis of the norms of international law, since the countries that are members of the United Nations have agreed that certain territories of the World Ocean have different international and national legal statuses and modes of use, that is, some of them do not belong to any state completely, but are the common heritage of mankind (for example, maritime the bottom of the World Ocean – on the basis of Article 136 of the UN Convention on the Law of the Sea dated 11/16/1994). Although other parts of the world's oceans are formally assigned to certain States, their rights in relation to these territories are limited (for example, in terms of the passage of foreign ships).

The territory of the World Ocean is important for mankind for a number of reasons.

Firstly, the waters of the World Ocean occupy a significant part of the Earth's surface (about 2/3).

Secondly, the vast majority of the planet's water reserves are concentrated in the oceans.

Thirdly, there are significant biological resources in the world's oceans, which surpass the biological resources of the land in terms of their volume.

Fourth, there are significant natural resources in the world's oceans in the form of minerals (oil, gas, coal, etc.), which in their total volume significantly exceed the remaining minerals on land (amounting to thousands of trillions of dollars).

Fifth, the ecological situation on Earth depends on the level of the ecological state of the waters of the World Ocean as a whole. The poor condition of the waters of the world's oceans can threaten the extinction of all living things, including the human species.

Sixth, the World Ocean is the most important transport highway (up to 7/10 of all cargo transportation is accounted for by shipping).

Seventh, the biological resources of the waters of the world's oceans are an object of international protection and belong to all mankind.

Thus, public control (control of the civil society of the peoples of the United Nations) Control over the use of the waters of the world's oceans is an essential condition for maintaining democracy on the planet.

However, the organization and implementation of public control over this facility are associated with numerous problems, among which the following can be distinguished:

Firstly, a significant problem is the fact that the UN Charter and international legislation do not consolidate the concept and content of the institution of control of the civil society of the peoples of the United Nations, which makes it difficult to implement it in practice. The solution to this issue is seen in the incorporation of this institution not only into the UN Charter, but also numerous conventions, international covenants, treaties, agreements, etc. (for example, the International Covenant on Civil and Political Rights of 12/16/1966, the International Covenant on Economic, Social and Cultural Rights of 12/16/1966, the Universal Declaration of Human Rights).

Secondly, a major problem is that the territories of the waters of the World Ocean are heterogeneous, including internal waters, the territorial sea, the adjacent zone, the exclusive economic zone, the continental shelf, archipelagic waters, straits used for international navigation, etc.). At the same time, the international and national legislation of a number of countriesinterprets the borders and limits of the specified territories differently. This is due to the fact that international documents defining the international legal status and regime for the use of the waters of the oceans, for example, the UN Convention on the Law of the Sea of 11/16/1994, have not been signed, ratified and implemented by all States. At the same time, we are talking not only about small states, but also about the dominant most developed country on the planet – the United States. The solution to this problem is seen in the work carried out by international governmental organizations to unify and universalize the norms of national legislation on the law of the sea, bringing it into line with the norms of international legislation.

Thirdly, a certain problem also lies in the fact that it is not clear which subjects of public control (subjects of control of the civil society of the peoples of the United Nations) should exercise control over the use of certain territories of the waters of the World Ocean: national or international? And if it's international, what are they? It seems that the solution to this problem is seen, on the one hand, in consolidating in international law the legal status and powers of international subjects of control of the civil society of the peoples of the United Nations, in particular, international unions and associations of subjects of public control (subjects of control of the civil society of the peoples of the United Nations). On the other hand, in the national legislation of individual countries, the relevant powers should be assigned to national subjects of public control.

Fourthly, the essential problem is that the subjects of public control (subjects of control of the civil society of the peoples of the United Nations) do not have a set of real powers to counter violations of international and national legislation in the process of using the waters of the World Ocean by certain objects. The solution to this problem is seen in the consolidation of a set of relevant powers in international and national legislation (for example, in terms of suspending acts and documents that violate international and national legislation in the field of maritime law, etc.).

Fifthly, a certain problem also lies in the fact that the subjects of public control (subjects of control of the civil society of the peoples of the United Nations) have a weak material and technical base. The solution to this problem is seen in its improvement both at the expense of national Governments and at the expense of the United Nations. This is especially true for the use of modern digital technologies for collecting, analyzing, and processing information.

Sixth, a major problem also lies in the fact that the scientific doctrine of international law as a whole is poorly developed in the world in terms of organizing and conducting control of subjects of public control (subjects of control of civil society of the peoples of the United Nations) over extraterritorial objects (including the waters of the World Ocean). The solution to this problem is seen in combining the efforts of national and international subjects of public control (subjects of control of the civil society of the peoples of the United Nations) in terms of organizing and conducting scientific and practical research in this area. At the same time, these studies should be funded from the budgets of international organizations (for example, the United Nations), as well as from the budgets of national states.

Conclusion.

In the course of our scientific research, we have made a number of conclusions, the most important of which are:

1. The civil society of the peoples of the United Nations, in accordance with the UN Charter and the legislation of most countries that are members of the UN, on the one hand, is the bearer of primary sovereignty at the level of national states, and on the other hand, the indirect founder (through the activities of state authorities of individual states formed by the population) of the UN itself and the modern system of international law and international governmental organizations. Because of this, civil society has the right to exercise control not only over the apparatus of public authority at the level of national states, but also to control the entire system of extraterritorial objects (including such an object as the use of the waters of the World Ocean).

2. The most important type of extraterritorial objects that are subject to control by the civil society of the peoples of the United Nations is the use of the waters of the oceans, that is, activities directly related to the movement of the oceans, the use of its waters, including biological resources, minerals of the seabed and continental shelf. At the same time, this object is of exceptional importance for a number of reasons: firstly, the waters of the World Ocean occupy most of the Earth's surface; secondly, they account for the vast majority of the volume of water on the planet; thirdly, the biological resources of the waters of the World Ocean occupy the first place in terms of the mass of biological matter on Earth;Fourthly, in recent decades, pollution of the waters of the World's oceans has become catastrophic, which threatens the processes of conservation and reproduction of biological resources; fifthly, the biological resources of the waters of the World's oceans are the object of international protection and belong to all mankind; sixth, the minerals of the seabed, the continental shelf exceed in volume the minerals located on the land of our planet.

3. However, the organization and monitoring of the civil society of the peoples of the United Nations are fraught with numerous problems, the most important of which are: a) the absence of the institution of direct control of the civil society of the peoples of the United Nations in relation to extraterritorial objects in the UN Charter and international legislation; b) the heterogeneity of the international legal, national legal status and regime of use of the waters of the World Ocean, since different parts of the World Ocean differ from each other in geographical location, proximity of the territorial borders of individual national states and a number of other factors (which complicates the issues of determining the subjects of public control authorized to organize and conduct the above-mentioned control measures); c) the legal status and powers of subjects of international control of the civil society of the peoples of the United Nations (in particular, international unions and associations of subjects of public control) are not fixed in international law; d) the scientific the doctrine of international law in the field of international control of civil society of the peoples of the United Nations (in terms of its principles, methods, forms, types of activities, list of objects, subjects, their powers, etc.); e) subjects of public control (both at the national level and at the international level) are not endowed with a set of real powers; e) they have weak organizational and technical capabilities (especially in terms of using modern digital technologies).

4. The resolution of these problems will require the development and implementation of a system of measures, including: a) the inclusion of the UN Charter, the International Covenant on civil and political rights from 16.12.1966, the International Covenant on economic, social and cultural rights from 16.12.1966, the universal Declaration of human rights and other international legal acts of the institution of civilian control of the peoples of the United Nations concerning the system of objects, including including extraterritorial objects (ranging from activities, acts and decisions of the international governmental and non-governmental organisations to activities related to the exploitation of outer space, Antarctica, and the waters of the oceans, etc.); b) the definition of system actors (national and international) that can carry out public control in respect of the use of certain areas of the World ocean (in particular, areas of seabed, internal waters, territorial sea and adjacent zone, the exclusive economic zone, continental shelf, archipelagic waters, Straits used for international navigation, etc.); C) enshrined in international law, the legal status and powers of the subjects of international control of civil society of the peoples of the United Nations (in particular, international unions and associations of subjects of public control); g) the instruction of the Public chamber of the Russian Federation, the organization of scientific and practical research in the development of the scientific doctrine of international law in the field of international control of civil society of the peoples of the United Nations (in terms of its principles, methods, forms, types of activities, the list of objects, subjects, their powers, etc.) that it needs to carry out in cooperation with the subjects of public control (civil society) to foreign States and international associations and unions of subjects of public control (civil society); d) the granting of national and international actors of social control (civil society) set of real powers (e.g. the right to suspend the decisions and documents of national and international authorities regarding the use of the waters of the World ocean, with extraterritorial status, if they contradict the norms of international or national law); e) increasing organizational and technical bases of subjects of public control (civil society) national and international level through the development and implementation of international and national programs aimed at developing the material and technical base of institutions of civil society.