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International Law and International Organizations
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MAIN PAGE > Journal "International Law and International Organizations" > Contents of Issue ¹ 01/2022
Contents of Issue ¹ 01/2022
International non-government organizations
Ditsevich Y.B., Kolobov R.Y. - Brazilian Declaration of Judges on Water Justice of March 2018 as a source of soft environmental law pp. 1-10

DOI:
10.7256/2454-0633.2022.1.37280

Abstract: This article provides the results of research conducted within the framework of the concept of international legal protection of Lake Baikal on the outcome of environmental work of international non-governmental organizations in the sphere of protection and sustainable of water resources. Coverage is given on the activity of the World Water Council. Special attention is turned to the reflection of the main results of the World Water Forum, including the outcome of its activity in form of the Brazilian Declaration of Judges on Water Justice adopted in March 2018. Leaning on the results of the work with authentic text, the author examines 10 basic principles contained in the Brazilian Declaration of Judges on Water Justice, which a certain degree reflect the environmental priority in the consideration of civil, administrative and criminal cases related to the use and protection of waters, with the disclosure of their basic content. One of the proposals is the formation of the Expert Council on Lake Baikal that incorporates the academic staff of the Siberian Branch of the Russian Academy of Sciences, other representatives of scientific community who take part in preparation of assessment of the scientific validity of draft documents in the sphere of conservation of Lake Baikal that significantly affect then environmental activity in the Baikal Nature Reserve. A proposal is formulated on the inclusion into the current and newly developed programs for the advanced training of judges and prosecutors that imply the study of the key aspects of law enforcement practice in the sphere of environmental protection (considering the natural specificity of the region for the judges to implement their activity). Attention is given to the work of the International Water Resources Association and the results of the 16th World Water Congress held in Cancun (Mexico). The analyzed international experience is extrapolated to the problematic of conservation of the ecosystem of Lake Baikal.
International courts
Shinkaretskaya G.G. - Evidence in the procedure of the International Court of Justice: conceptual aspects pp. 11-23

DOI:
10.7256/2454-0633.2022.1.37283

Abstract: This article notes that the grounded decision of any international court depends on the selection and evaluation of evidence and proof of witness, since the International Court of Justice delivers its judgment binding on sovereign states involved in the dispute. Unlike the national courts that strictly regulate the procedure for selection and evaluation of evidence by normative legal documents, the international courts have more freedom in this respect. From such perspective, considerable interest draws the International Court of Justice, which serves as a model for the establishment and operation of all other international judicial institutions. The author observes that the question of evidence gains particular importance due to the need for taking into account a vast array of natural scientific, economic and social data in the international disputes. In the selection of facts or other evidence pertaining to the case, emphasis is placed on correlation between the authority of the International Court of Justice and the countries involved in the dispute. The court, using its discretion, delivers a judgment for its own benefit. It is worth noting that although in recent years the Court focuses rather on the data analysis for convincing parties, the countries are inclined to accept it. With regards to the question of admissibility of the data, this is virtually an exclusive competence of the International Court of Justice.
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Duben A.K. - International cooperation in the field of information security: general characteristics and the Russian approach to the study pp. 24-33

DOI:
10.7256/2454-0633.2022.1.37490

Abstract: Information security acts as the basic concepts of modern international relations. The level of penetration of information technologies and global networks into society is directly related to the level of development of the country. The Russian Federation has undertaken a number of foreign policy initiatives aimed at ensuring international information security and proclaiming the transparent course taken by the country to create conditions for the establishment of a full-fledged international legal regime for the formation of a secure information environment. The article discusses the main trends in the formation of an international regime to ensure information security. It is revealed that international cooperation makes it possible to establish problem-oriented approaches to identifying threats from other states to the internal information infrastructure and critical facilities of the state in order to undermine territorial integrity. The author comes to the conclusion that interstate agreements in the field of international information security make it possible to establish problem-oriented approaches to identifying threats from other states to the internal information infrastructure and critical facilities of the state in order to undermine territorial integrity. At the same time, the development of joint measures for the development of normative legal norms of international law determined the stages of achieving the specified safety indicators, resource provision and legal support. In order to develop legal support for international information security, further interstate cooperation is necessary in order to seek to increase interaction and improve the international legal framework for the implementation of specific joint initiatives in the field of international information security.
Question at hand
Semenovich K.S., Gao Y. - On ensuring stable natural gas supplies in China and Japan pp. 34-45

DOI:
10.7256/2454-0633.2022.1.37470

Abstract: China and Japan are the two largest importers of natural gas in the world. Both countries have accelerated the reform of domestic natural gas markets and the establishment of domestic natural gas trading centers (natural gas hubs) in order to achieve carbon neutrality goals and ensure the security of domestic natural gas supplies. The conclusion of short- and medium-term contracts for the supply of liquefied natural gas (LNG) affected the execution of long-term contracts, the prices of which were tied to JCC. As a result, Chinese and Japanese natural gas buyers began to demand that international natural gas sellers, including Russia, use hub market prices. The article analyzes measures to ensure the security of natural gas supplies and reforms of domestic natural gas markets in China and Japan. The interrelations, advantages and disadvantages of long-term, short-term and spot contracts are highlighted. Based on the analysis of the court decision in the case of GNA v. Atlantic LNG, the conclusions of international arbitration practice on price revision clauses are summarized. The following conclusions are drawn: 1. Arbitration proceedings on the revision of prices contributes to the transition from a formula for calculating prices linked to the oil price index to a pricing mechanism based on various indices of natural gas hubs.2. When concluding a new long-term contract, it is proposed to comprehensively use the price index of the emerging shopping center, the spot price and the price formula calculated by JCC.3. A long-term contract still plays an integral role in ensuring safe natural gas supplies in extreme events (for example: a similar COVID-19 epidemic).
International law and international organizations interaction
Malichenko V.S. - The role of the World Health Organization in the global health governance pp. 46-55

DOI:
10.7256/2454-0633.2022.1.38082

Abstract: The object of the study is public relations arising from the interaction of international intergovernmental organizations, states, and non-governmental organizations in the framework of ensuring the human right to the highest attainable level of health and forming the concept of "global health governance". The subject of the study are international legal norms, as well as acts of “soft law” that determine interaction between the WHO and other international actors in the field of healthcare regulation. The aim of the research is to analyze the main peculiarities of "global health governance" concept in frame of international law in order to determine the main directions for improving the activities of the WHO at the present stage. The article was prepared using general scientific methods of cognition, including formal logical and situational, and private law methods, such as comparative legal, historical legal and formal legal. The novelty of the article lies in the conceptual understanding of the content of the concept of "global health governance" in the system of international health law. The article discusses the historical stages in the development of international cooperation in the field of health care in order to determine the main trends in inter-institutional cooperation for the further development of international health regulation. The author summarizes the main problems in the implementation of the statutory powers of the WHO, including the features of the development and application of regulatory legal acts of a binding nature, as well as acts of "soft law" in the activities of the Organization. The author substantiates recommendations for improving the activities of the WHO to ensure the effective implementation of the concept of "global health governance".
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