International Law and International Organizations - rubric REGIONAL ASSOCIATIONS AND UNIONS

Abstract: The Additional Protocol to the European Social Charter incorporates into it the system of collective complaints in order to make the control system more efficient by introduction of NGOs and shortening the time-span of procedures. This article includes the analysis of practice of review of collective complaints, and author also makes some predictions for the future.

Keywords: international law, jurisprudence, the EU, the ESC, collective complaint, additional provisions, the Charter

Abstract: The current negative tendencies in the international relations, together with inability of the UN to provide adequateand timely reaction to there tendencies, provide the basis for the need to form new regional organizations and unions in order to guarantee the stability on a particular territory. The Shanghai Cooperation Organization is one of the organizations, which was formed to deal with these challenges and threats. What is the relationship between the SCO and the USA?

Keywords: USA, SCO, Central Asia, pro-Western zones, status quo, carbohydrates, integration, stability, the Silk Way

Abstract: The need for integration is one of the key ideas of modern international relations. The practice seems to show that no nation at the current period is capable to be self-sufficient, especially in the sphere of economics. This article by N.A. Remezova is devoted to the study of Eurasian integration at the post-Soviet territory based on an example of a number of international conventions and practice of their implementation.

Keywords: international law, jurisprudence, integration, Europe, Asia, cooperation, economics, globalization, grouping

Abstract: Currently, mostly thanks to its policy of confi dentiality of banking information, Switzerland is one of the key fi nancial and banking centers. The Swiss banking secret has been always subject to criticism, however, lately it became a subject to special pressure. Finally the Swiss authorities announced that they are ready to accept necessary international standards. On Friday, March 13, 2009 the decision was made and the news of “abolishing banking secret” in Swiss Confederation was global. The press announced the banking secret “dead”. However, is it really an end to the centuries-old Swiss tradition? Or maybe it’s a new era of banking secret?

Keywords: bank, banking secret, secret, Switzerland, international law, information, international standards

Abstract: This article is devoted to the role of the SCO in the policy of the Republic of Kazakhstan. The author shows the role of SCO in the Central Asian Region, and evaluates its activities. The author also pays much attention to the foreign policy of Kazakhstan with such global actors as China, Russia, the EU, the USA and the Saudi Arabia.

Keywords: international law, SCO, Kazakhstan, Russia, China, foreign policy, international relations, regionalism, collective security, the Central Asia.

DOI: 10.7256/2454-0633.2017.3.23176

Abstract: The article is devoted to the activities of the International organization of La Francophonie, the history of its establishment, institutional structure, acts and regulations, developed within its framework. IOF is a specialized international regional organization aimed at the development of social and cultural aspects of foreign policy of Francophone States. IOF Member States do not belong to one particular region of the world, and are scattered almost all over the globe. IOF is undoubtedly reputable specialized international and regional organization aimed at the development of social and cultural aspects of foreign policy of Francophone States. Member States MOF does not belong to one particular region of the world, and are scattered almost all over the globe that enables organizations to develop and maintain their socio –linguistic space in almost all continents of the world. It appears that the essential mission of La Francophonie is not only to maintain and strengthen the status of the French language, but also in the realization of geopolitical interests of France, through the promotion of linguistic culture, the creation of a Francophone social space.

Keywords: secondary law, regional integration, cooperation, universal international organization, Francophonie, national law, regional law, international law, international obligations, international treaties

DOI: 10.7256/2454-0633.2020.1.30577

Abstract: The subject of this research is the work of the Council of Border Troops' Commanders on combating illegal migration at the external borders of the CIS member-states. The conducted analysis determines the practical components of main efforts and separate results of the activity of the Council of Border Troops' Commanders. However, the dynamic changes in situation and forms of illegal activity at the external borders of CIS member-states obligates the border and law enforcement authorities to act using the advanced technologies. Research methodology includes the combination of general scientific methods, such as systemic analysis and summarization of scientific concepts. The main conclusions consists in recommendations of improvement of the system of information exchange between the bodies of sectoral cooperation on combatting illegal migration at the external borders of CIS member-states, with consideration of the existing experience of the bodies of sectoral cooperation, as well as the experience of other international organizations and foreign countries.

Keywords: information interaction, external borders, Border troops, Council of Commanders, illegal migration, Commonwealth of Independent States, Information system, countering illegal migration, migration processes, Concept

DOI: 10.7256/2454-0633.2020.1.32572

Abstract: Caspian region has always been a point of intersection of interests for multiple states. Throughout all historical periods, the presence of influential states in the Caspian Sea coast led to escalation of tension in the region. Such factors as heterogenic population of littoral states and differences in mentality further aggravated the situation. Thus, the military-political activity of the Caspian states has always been of paramount importance. The significance of military-political activity for the countries of Caspian Basin was substantiated by the following key factors: concentration of the majority of explored hydrocarbon deposits of these countries on its continental shelf; presence of substantial reserves of various biological resources in the waters of Caspian Sea; location of the region on the junction of important geopolitical paths; largely populated coastal regions. After the collapse of the Soviet Union and formation of new states in the region, this activity acquired a special character.

Keywords: coastal states, terrorism, security, the Caspian states, the Caspian Sea, the Caspian region, military and political cooperation, coast, states of the Caspian basin, hydrocarbon reserves

DOI: 10.7256/2454-0633.2017.2.22184

Abstract: This article is dedicated to the issues that emerged due to the uncertain competence of the Economic Community of West African States (ECOWAS) and jurisdiction of the ECOWAS Court of Justice. The author raises a question of “legislative” authorities of supranational organizations, conducts a comparative analysis with the European system of protection of human rights, as well as thoroughly reviews the demarcation of competences using the example of European Union. The work also analyze the constitutional document of ECOWAS, additional protocols, and judicial practice of ECOWAS Court. The author provides statistical data that confirm inefficiency of the African Court of Human and People’s Rights, and touches upon the question of parallel jurisdiction of the ECOWAS Court in the area of human rights and African Court. The article demonstrates the presence of complex and contradictory issues, which resolution affects the further work of ECOWAS Court as a quasi-judicial agency on protection of human rights. In order to solve such issues, the participant countries must agree on including the condition about the depletion of domestic funds of legal protection into the additional protocol of ECOWAS Agreement.

Keywords: African Charter, Sub-regional community, Regional system, Fragmentation, ECOWAS Court of Justice, Jurisdiction, African Court of Human and People’s Rights, EU Court, ECOWAS, Protection of human rights

DOI: 10.7256/2454-0633.2017.2.23090

Abstract: The article discusses various aspects of the organization Economic Community of Great Lakes Countries (CEPGL), its institutional structure, history of creation, the impact of its activities on the national legislation of member States, key projects which were already implemented. The Economic Community of Great Lakes Countries (CEPGL) is a sub-regional organization, in which cooperation concerns the issues of economic and social integration, security of member States. The parties shall coordinate and harmonize their activities in different spheres of financial and commercial activities, interaction in science, education, culture and tourism. CEPGL includes countries with different energy resources. For example, the Democratic Republic of Congo (Zaire) is rich in resources, while Rwanda and Burundi are characterized by their absence. A similar ratio can be observed in many other areas of life (natural resources, arable land, etc.). Research methods are scientific methods of cognition: dialectical, analysis, synthesis, comparison and analogy, as well as methods.

Keywords: Africa region, Belgian Africa, East Africa, the Great lakes region, sub-regional cooperation, regional law, national law, international regional organization, International law, sub-regional integration

Abstract: The role of Russia in the SCO can hardly be underestimated, and it always had the leading role in the SCO, especially in the sphere of fi ghting terrorism. It is shown in common military trainings, various international legal acts concerning terrorism, exchange of information on fi ghting terrorism.

Keywords: international law, SCO, The Convention on Fighting International Terrorism, international legal acts regarding fi ghting terrorism, the APR, the Summit of SCO, Far East.

DOI: 10.7256/2454-0633.2019.3.30742

Abstract: The subject of this research is the international acts in the area of scientific and technical cooperation of the BRICS countries – bilateral agreements between the Governments of the Russian Federation and Brazil (2007), Russian Federation and India (1994), Russian Federation and China (1992), Russian Federation and South Africa (2014), and others pertaining to protection and security of rights to intellectual property. Attention is focused on the problematic moments in legal regulation of the “preceding” and “created” within the framework of these acts of intellectual property, including the questions of dispute settlement between the parties, the order of allocation of rights to service development and compensation for them, structure and content of separate contracts concluded in accordance with the indicated agreements, etc. The scientific novelty consists in articulation of the problem and approaches towards its research. The author comes to the conclusion on the sufficient elaboration of the bilateral agreements between the Russian Federation, India and China, which is viewed as a crucial factor in the development of further cooperation in this area for the purpose of ensuring of economic modernization of these countries on the innovative basis. However, the cooperation between Brazil and South Africa is not well developed, therefore the leadership of these countries does not take measures on development and signing of intergovernmental protocol to the Agreement between the Russian Federation and Brazil, called to regulate mainly the questions of legal protection of intellectual property, which manifests as the factor hampering the development of cooperation.

Keywords: mega-project NICA, biotechnology, prior intellectual property, copyright, protection of intellectual property, scientific and technical cooperation, dispute resolution, intellectual property, BRICS, bilateral agreement

DOI: 10.7256/2454-0633.2021.3.36454

Abstract: This article is dedicated to the assessment of current state of “digital space” of the Eurasian integration and prospects for its development. Based on the parallel analysis of political legal sources, international and domestic statistics, various indexes, as well as relevant literature, the author aims to demonstrate the achievements and difficulties in implementation of the digital agenda of the Eurasian Economic Union, and outline possible causes thereof. For solution of the research tasks, the author employs the results of monitoring of digital development processes of the EAEU, comparative approaches, as well as the general scientific methods of analysis, synthesis, hypotheses, etc. The conducted analysis demonstrates that despite the promotion of digital transformation on the domestic level by all EAEU member-states, the establishment of the single Eurasian digital space is slowing down. The conclusion is drawn on the disparity of political-legal (formal) and actual realities in promoting the project of the Eurasian digital integration. The comparison of relevant data of the Eurasian Economic Commission and Eurasian Development Bank and domestic statistics indicates that the GDP annual growth rate in the EAEU member-states due to the digital transition currently does not exceed 0.1%, which casts doubt on the possibility of achieving the key indicators established by the main vectors of implementation of digital agenda of the EAEU. The author underlines the importance for consolidation of the “analogous” foundations of digital transformation, measures for boosting confidence, expansion of the number of stakeholders of the Eurasian project, and development of the mechanisms for interaction on all levels, including ordinary citizens, who are the major participants and beneficiaries of the digital transition.

Keywords: Digital agenda, Kazakhstan, Russia, EU, European Union, EAEU, Eurasian Economic Union, Digital integration, Digital economy, Regulatory sandboxes

DOI: 10.7256/2454-0633.2019.3.29751

Abstract: The subject of this article is the problem of acceptance of the rulings rendered by subregional economic courts by the African Commission on Human and Peoples’ Rights. The research leans on the approaches towards the procedure of filing same cases in multiple international jurisdictions. Particular attention is paid to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights; as well as to the work of African Commission and African Court with regards to the problems of low efficiency in their interaction with the courts of subregional economic communities. The article demonstrates the existence of complex and contradictory problems, which solution affect the eventual fate of the courts of African subregional economic communities. The solution of these issues depends on reaching consensus with regards to acceptance of rulings rendered by subregional economic communities as final, as well as permission to file complaints to the African Court on Human and Peoples’ Rights for separate individuals.

Keywords: subregional level, subregional economic communities, human rights, East African Community, ECOWAS, African Court, African Comission, African Charter, clause, regional protection

DOI: 10.7256/2454-0633.2017.3.23347

Abstract: The object of this research is the East African Community (EAC) – an economic association that currently unites Kenya, Tanzania, Uganda, Burundi, Rwanda, and Southern Sudan. Particular attention is given to the integration processes in Africa in the post-colonial period, doctrine of federalism in the political discourse of African countries, causes of the crisis and the disintegration of the EAC in the 1970’s, as well as economic and political reasons for reintegration of EAC. The article also analyzes the evolution of the East African Community from being an economic alliance to political, as well as from the perspective of establishment of federative state on the basis of EAC. During the course of this work, the author used the method of historical reconstruction, which allowed identifying the key factors that substantiate the economic consolidation of EAC, and the determinants of development of the member-states that impede the formation of a unified federative state in East Africa. The author refers to the insufficiently studied problem of political integration of the Black Continent countries. The conclusion is made that the implementation of federative project in East Africa can be encumbered by such factors, as the high possibility of propensity towards conflict within the EAC member-states, tribalism, cultural, confessional, and language diversity alongside the assertiveness of the leaders and political elites.

Keywords: Southern Sudan, Rwanda, Burundi, Uganda, Tanzania, Kenya, East African Community, Africa, federal state, economic integration

DOI: 10.7256/2454-0633.2020.2.32882

Abstract: One of the important vectors in development of Shanghai Cooperation Organization (SCO) became the international scientific and scientific-technological collaboration. However, this vector is not fully developed due to not only legal, organizational or financial issues, but also factors affecting communication between the subjects of cooperation in scientific or scientific-technological spheres, as well as defining accessibility and mobility of the knowledge market. In this case, it refers to the language of scientific communication used in international scientific and scientific-technological collaboration (communicative factors), and the development of education and academic mobility (educational factors) in SCO member-states. The conclusion is made that the effectiveness of international scientific and scientific-technological collaboration between the countries of Shanghai Cooperation Organization drops due to controversial policy and normative legal regulation with regards to the language used in scientific and scientific-technological communication, as well as with regards to development of higher education and academic mobility between the SCO countries. The author underline the need for further unification of national legislation of SCO member-states pertaining to the use of one or another language as the means of international scientific communication, requirements to preparation of academic staff, creation of relevant programs of students’ academic mobility, and development of generally accepted educational standards.

Keywords: The SCO University, academic mobility, scientific communication, higher education, scientific and technical cooperation, international cooperation, Shanghai Cooperation Organization, innovation activity, the science, scientific collaboration

DOI: 10.7256/2454-0633.2020.2.32597

Abstract: The subject of this research is the international regulation of ensuring confidentiality of personal data. The development of “big data” technologies made it evident that for solution of the problem of ensuring rights of an individual as a subject of personal data it is essential to coordinate efforts of interested countries pertaining to the development of effective measures of legal protection. The practice demonstrated that protection of personal data requires a universal approach, which is currently possible within the framework of regional integration that ensure harmonization of legislation through formulation of criteria suitable for the participating countries. However, their own rules in protection of personal data also have the countries of Latin America being a part of international organization the “Ibero-American Data Protection Network”, as well as the countries of Asia-Pacific Economic Cooperation. This article analyzes the international documents developed by the aforementioned organizations from legal and comparative-legal perspective. Assessment is given to the achieved results and development prospect of legal regulation pertaining to collection and processing of personal data. It is concluded that the European organizations are undisputable leaders in establishment of strict control in the sphere of personal data protection, and the documents developed by them are viewed as reference. The concept of “personal data” itself also experiences transformations, acquiring a more extensive interpretation. The rules for collection and processing of personal data that are developed by the participants independently, if coordinated with the legislatively established requirements, obtain substantial significance. Strengthening of control over intergovernmental exchange of personal data is also not excluded.

Keywords: Protection Standards, GDPR Regulation, interstate exchange, extraterritorial operation of law, principals for protection, confidentiality, personal data, Big Data, Framework Agreement, code of conduct

DOI: 10.7256/2454-0633.2015.2.14678

Abstract: This article is dedicated to the project that unites France and a number of African nations, particularly the “Franc Zone”. The mechanisms implemented in the Franc Zone are rather unique and have proven their ability to adapt to the economic changes of the member-states since its inception in 1939. The article reviews the history of its creation, issues of functionality, institutional structure, and the normative acts developed within its framework, including the influence that it imparts upon the national law of the member-states of the organization, as well as development of such integration unions of Africa as West African Economic and Monetary Union (UEMOA) and Central African Economic and Monetary Community (CEMAC). The author analyzes the impact of the Franc Zone upon the economic integration of the member-states, and development of customs union and relations within the European Union. Despite that fact that the doctrine has a split opinion on the fact that the UEMOA and CEMAC do not represent the optimal monetary zones due to the weakness of the domestic trade, the author concludes that this monetary union is a highly integrated regional union with prospects for further development, and can become the model for development of integration processes in other African regions.

Keywords: financial integration, economic integration, Monetary Union, international treaties, national law, supranational law, regional law, international law, franc zone, Euro-African integration

DOI: 10.7256/2454-0633.2015.2.66475