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MAIN PAGE > Journal "International Law" > Contents of Issue є 03/2022
Contents of Issue є 03/2022
Development of separate branches of international public law
Popova S.M., Uvarov V.B., Yanik A.A. - Regulation of Remote Sensing of the Earth from Space: International Practice pp. 1-27



Abstract: The article is devoted to the results of the study of international experience in regulating activities in the field of remote sensing of the Earth from space. The institutional and legal approaches of a number of countries and regional associations with a developed remote sensing sector are considered. The purpose is to identify models of regulation and experience useful for russian context. The source base consisted of more than 100 official documents (normative legal acts, strategies, programs, official reports, other materials), as well as academic publications related to the issue under consideration. General scientific research methods, content analysis, formal legal analysis, and comparative legal approaches were used to solve the research tasks. Summary information (on the main regulatory legal acts and institutions regulating remote sensing, features of licensing procedures, approaches to the storage and dissemination of remote sensing data) is presented in tabular form. Authors consider the approaches of states to remote sensing regulation can be described by a limited number of core models (three legal models, two institutional approaches), but international practice differs in a wide variety of details that reflect the specifics of the national context. Authors found the essential similarity of approaches to the regulation of space activities of the two space powers Ц the Russian Federation and the United States, so the analysis of American failures with the privatization of remote sensing in the late 1970s and 1980s can be useful in determining the ways of development and commercialization of this sector in Russia. The relevance of attention to the international practice of remote sensing regulation is justified by the importance of creating favorable legal mode for the development of this sector in Russia facing the challenges of rapid growth of the market for active Earth observation from space, as well as sharp expansion in the number of users and applications of remote sensing data.
International law and international organizations interaction
Gorelik I.B. - The Role of international Organizations in the Process of countering Cybercrime pp. 28-41



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.
International law and national law
Kolobov R.Y., Ganeva E.O., Suvorova A.V. - The Practice of Protecting World Natural Heritage Sites in Africa pp. 42-53



Abstract: The article presents an analysis of the practice of protecting World Natural Heritage sites "Manovo-Gounda-Saint-Floris National Park" (Central African Republic) and "National Parks on Lake Turkana" (Kenya). The most typical problems for African States in the preservation of unique natural sites are noted, the legal positions of the World Heritage Committee on the implementation of international obligations for the preservation of World Natural Heritage sites are considered, in which such problems are legally reflected. The problems of finding sources of financing for environmental protection activities in African countries, as well as the lack of human resources to ensure effective management of World Natural Heritage sites are highlighted. The approaches of the World Heritage Committee to the implementation of projects for the construction of hydroelectric power plants affecting the ecosystem of Lake Turkana are considered. The novelty of this work is predetermined by the shortage of specialized studies devoted to the fulfillment by foreign states of international obligations to protect world natural heritage sites in domestic legal science. The analysis of the experience of protecting World Natural Heritage sites in African countries allows us to summarize the conclusions significant for the Russian practice of protecting World Heritage sites, extrapolate them to the problems of protecting the World Heritage site "Lake Baikal", as well as formulate new proposals and approaches to improving environmental policy in this area. Noting the important role of the World Heritage Convention in the development of hydropower, there is an obvious need for the early formation of an international regulatory framework with border foreign states.
Integrational law and supernational associations
Panov F.Y. - EU Restrictive Measures with Respect to third States and their Residents (the Case of the Russian Federation) pp. 54-65



Abstract: The historical development of the practice of applying restrictive measures (sanctions) has led to a transition from the idea of their application against States to the concept of their application against individual private law entities. The article examines the historical practice of applying sanctions against Russia and the prerequisites for their application against private law entities. The author gives a general description of the restrictive measures of the European Union used against third States and individuals. In addition, the article examines the specifics of the restrictive measures of the European Union that have been in force against Russia since 2014, taking into account their significant expansion that occurred after February 24, 2022. The legal regulation of the European Union, which establishes restrictive measures against the Russian Federation, was significantly expanded and revised after the announcement by the President of Russia about the beginning of a special military operation in Ukraine. As a result of the analysis of this regulation, the author comes to the conclusion that at the moment there is a hybrid sanctions regime in the European Union, when targeted sanctions against individuals are combined with comprehensive restrictive measures against a number of sectors of the Russian economy. The article also assesses the compliance of restrictive measures of the European Union with modern concepts of "smart" and "targeted" sanctions, which, according to the supporters, should reduce the negative humanitarian consequences of the use of restrictive measures. Despite the official statements of the European Union, the article presents arguments that allow us to conclude that in practice such "smart" and "targeted" sanctions are accompanied by indiscriminate comprehensive restrictions that apply not only to sanctioned persons, but also, in principle, to any Russian persons.
International law and national law
Koynov M.Y., Koinov S.V. - On the issue of Interpol's legal use of Article 3 of the Organization's Charter in the context of international search for persons and cooperation in combating crime pp. 66-79



Abstract: The subject of the research in the article is the issue of the prohibition of the activities of Interpol on the political, military, religious or racial nature of interference (persecution) of persons on the international wanted list or involved in global criminal activity, on the basis of Article 3 of the Statute of the International Criminal Police Organization (Interpol). In the context of the application of this article, the establishment of the boundaries of possible interference (prosecution) of these persons, according to the principles of international law. The author has carried out a comparative legal analysis of international legal acts regulating the provisions on restricting the actions of international bodies on the basis of political, military, religious and racial persecution.The main conclusions of this study are the establishment of the boundaries of possible persecution of persons who are on the international wanted list and involved in global crime and hiding from justice behind the wall of international principles for the protection of human rights and freedoms (prohibition of persecution on religious, racial, political and other characteristics).The author classifies the categories of crimes for which the provisions of Article 3 of the Charter apply, and also identifies exceptions from these categories based on the characteristics of criminal law. The basis of the conducted research is the method of comparative legal analysis of normative legal acts, which allowed us to deduce some patterns, the application of international law, the protection of human rights and freedoms from criminally punishable signs of an act.
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