DOI: 10.7256/2454-0633.2020.3.32505

Abstract: The subject of this research is the threat of use of force in the practice of interpretation of the International Court of Justice (ICJ). Special attention is paid to the analysis of formulations of court rulings regarding violations of the principle of non-use of force and threat of use of force. The practice of the ICJ on interpretation of the threat of use of force is directly tied to the practice of the Court on interpretation of the concept of use of force. The research explores rulings on interpretation of the threat of use of force in international law, dissenting opinions of judges, as well as position and arguments of sides. The work reflects the context of circumstances that served as the basis for Court’s decisions. In author’s opinion, major role is played by the circumstances contributing to the Court’s identification and interpretation of international law pertaining to the threat of use. This is first research within Russian doctrine dedicated to practice of interpretation of the threat of use of force in international law by the International Court of Justice. The conclusions reflected in this article allow fully formulate the Court’s stance on the threat of use of force.

DOI: 10.7256/2454-0633.2020.3.33961

Abstract: Legal science faces the urgent task of researching existing legal forms and models of international scientific and technical cooperation (ISTC) on the creation and use of global research infrastructure (GII) in the nuclear field, identifying their advantages and disadvantages, possibilities of application and adaptation to projects of the "megasience" class in Russia. The key factors for determining the legal aspects of the creation and use of GII are two factors: the organizational and legal formalization (the establishment of a separate independent entity or the use of existing "umbrella" legal structures) and what legal tools are used, what law is subordinate to the activity. В В В В В В В  The organizational and legal model of the ISTC, both using existing international intergovernmental organizations of the framework type or legal entities, and by establishing special entities, can be schematically represented in the form of a four-level system. The advantage of using umbrella-type models in the nuclear field is the readiness of most of its tools and mechanisms, which only require adaptation to specific projects, and the possibility of implementing a significant number of projects. If it is necessary to ensure a clear equity participation of partners, financial obligations and a management structure dependent on them, then the appropriate form is the creation of a special project-type entity. Based on the "legal environment", the use of MMPO implies certain immunities and privileges, exemptions from the jurisdiction of the host State, etc. It is also important in modern conditions that it is more difficult to subject MMPO to politically motivated unilateral restrictive measures ("sanctions"). But the use of the construction of a legal entity can provide greater efficiency, flexibility and managerial cheapness of the process, especially since exceptions from national law can also be provided for them.The most successful seems to be the development of a special organizational and legal form mentioned in the draft federal law "On Scientific, Scientific, technical and innovative activities in the Russian Federation" - an international research organization.

DOI: 10.7256/2454-0633.2020.3.34167

Abstract:   The subject of this article is the state and prospects of integration of the EAEU member-states in the scientific and educational sphere, as well as the level of its curriculum-strategic, organizational and legal support. The authors gradually explore the problematic of professional competences in the conditions of transition to Industry 4.0, including the competencies of scientific and technical staff, the formation of which is currently shifting onto the center of scientific and technological cooperation. Special attention is given to the analysis of the dimension of compliance of national legislations of the EAEU member-states in the area of legal regulation of their international cooperation with regards to of education and science. Special examination was conducted on the state of institutional support of the scientific and educational integration. The novelty of this work consists in the conceptual substantiation of scientific and educational integration as fundamental aspect of scientific and technological integration, which is aimed at ensuring technological modernization of the economy. The authors address the key issues of the objective agenda of scientific and educational integration, as well as substantiate the need for establishment of the shared space for EAEU member-states in the area of science, education, technology and innovations. The main conclusion lies in the statement that successful cooperation between the EAEU member-states in the indicated sphere suggests not only the development of the institutional framework, but also the need for development of EAEU legislation in the area of scientific and educational cooperation, which is possible only in case of inclusion of scientific and educational questions into the integration agenda. This may find reflection in elaboration of the specific framework for strategic regulation, as well as in inclusion of the corresponding provisions Into the Treaty on Eurasian Economic Union, which can be extended to the special Protocol or a separate international agreement. All of the listed above is directly or reversely related to alignment of national policies of the member-states and harmonization of national legislations.  

DOI: 10.7256/2454-0633.2020.3.34095

Abstract: This article reviews the current role and mechanisms of international organizations with regards to assessing the quality of global governance. The subject of this research is the measurement and indicators of state participation in elaboration and implementation of transnational governance. The goal consists in examination of the concept of governance through the prism of Fukuyama-Manning Theory. Globalization is viewed in economic and political dimension for the purpose of determining the need to create transnational administrative frameworks. The results of global governance in the form of measurement and quality indicators of state administration are analyzed in correlative links between the production and demand of political indicators, their nature and practical advantages. The assessment of subjects engaged in the development process exemplifies of the crucial indicators of governance. In order to achieve the set research goal, the author explores the existing hypothesis on the role of international organizations within the global governance system for the purpose of determination the prospects of transnational governance. The detailed theoretical and practical approach towards measurement and metrics of state administration is was conducted by means of qualitative analysis that allowed determining the prospects of the standardized system. In conclusion, the author underlines the equal importance of governance, globalization and state policy in achievement of functional structure of global governance. This article represents a conceptual framework for supporting examination and elaboration of the systems for assessing the efficiency of activity of the governments essential for ensuring successful intergovernmental cooperation in globalization era.

DOI: 10.7256/2454-0633.2020.3.34096

Abstract: This article is dedicated to examination of the challenging role of current international organizations in the production of knowledge, applicable to the context of globalization and global governance, as well as the required framework and mechanisms. The subject of this research is the mechanisms of international organizations, namely Organization for Economic Cooperation and Development (OECD), in the production of knowledge implemented within the global governance system. The goal consist in overview of the worldwide demand for knowledge in the context of the Dolowitz-Marsh Approach for the purpose of assessment of the prospects of the offered knowledge. Capabilities of OECD as a central standardized think tank, coupled with the role of NGOs within the global governance system, allow activating bilateral relations and transnational governance. Analysis is conducted on the existing hypothesis on the capacity of international organizations to produce knowledge in globalization era. The author carries out a detailed qualitative analysis of the mechanisms of OECD and other NGOs, and proposes new perspectives and a range of actions regarding their capability to provide a wide range of government institutions with the tools oriented towards increasing the efficiency. In this way, the nationalization of the results of policy testifies to the extensive internal review, based on the international standards, that reduce the role of political interference in the results of activity. The role of international organizations in the production of knowledge contributes to expansion of cooperation between all interested parties, which would be based on the results of activity, in terms of simultaneous ensuring standardized interaction and practice on a bilateral basis. This article gives a perspective on capabilities of the centralized, results-oriented production of knowledge and prospects for more extensive international cooperation and accountability of the governments.