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MAIN PAGE > Journal "International Law" > Contents of Issue 02/2023
Contents of Issue 02/2023
Theory and philosophy of international law
Duben A.K. - Principles of Legal Provision of Information Security in the System of Principles of International Law pp. 1-9

DOI:
10.25136/2644-5514.2023.2.40089

EDN: KREABN

Abstract: In the theory of law and branch legal sciences, sufficient attention has been paid to the issue related to legal principles, however, there are some problems that require doctrinal understanding. One of such issues is the place and role of the principles of legal provision of information security in the system of principles of international law. The author notes that legal principles determine the essence of the branch of law under consideration and, by virtue of their legal consolidation in the norms of a particular branch of law, have a generally binding meaning. This article discusses the principles of building an information security system. The complexity of building such a system lies in the need to consider protective measures in a complex, which should cover the legal, organizational and technical components. The article, based on the analysis of international normative legal acts and scientific and legal sources, identifies the main vectors of development of international and information law, considers external and internal threats in the information sphere, reveals the content of the basic principles of information security. The author concludes that in the context of global digital transformation and the need to build an information society, the problems concerning the definition of the fundamental principles of legal provision of information security are of particular importance. In this regard, the issue of scientific understanding of the system of these principles, their development and correlation with each other, as well as the impact on information legal relations becomes quite relevant.
Shinkaretskaya G.G. - The Problem of Defining a Cyber Attack pp. 10-21

DOI:
10.25136/2644-5514.2023.2.40051

EDN: NYDJJZ

Abstract: The author discusses problematic aspects in terms of developing a definition of a cyber attack. It is noted that such illegal actions capable of disabling nuclear centrifuges, air defense systems and electrical networks, etc., undoubtedly pose a serious threat to national security. In fact, in their destructive power, cyber attacks are approaching armed action. There are no treaties or other normative documents in international law that can regulate international cooperation in the prevention and limitation of cyber attacks. A new comprehensive legal framework, both at the domestic and international levels, is needed to counter cyberattacks more effectively. The importance of using theoretical and legal developments in the field of information security in law-making activities is fixed. International efforts to regulate cyberattacks should begin with an agreement on the definition of cyberattack, cybercrime and cyberwarfare. This would lay the foundation for expanding international cooperation in the field of information exchange, evidence collection and criminal prosecution of persons involved in cyber attacks, and more importantly, for a new international legal act on cyber attacks. The author presents some recommendations for further improvement of legal measures to counteract epistemological wars.
International law and national law
Grebenskaia A.A., Tikhomirov A.A. - Protection of foreign investments during economic crises. pp. 22-32

DOI:
10.25136/2644-5514.2023.2.40420

EDN: SKMHYU

Abstract: Foreign investments play a crucial role in overcoming the economic crisis in individual States, especially if such a crisis is systemic in nature, and domestic entities lack resources that could be attracted to the economy. In this case, foreign investment is often the only way to restore the normal development of the socio-economic sphere. At the same time, in crisis situations, foreign investors themselves require special protection, which in this case are exposed not only to commercial risk (such risk is "normal", and no one is responsible to the investor for it), but also to "political" risk (which is usually inextricably linked with economic), if, for example, an economic crisis leads to a revolution, a coup, or simply a tightening of economic policy, within the framework of which enterprises are nationalized, including those created at the expense of foreign investment. The currently existing international legal mechanisms, primarily insurance of "political" risk, do not solve the problem due to the fact that it is difficult for insurance companies to receive compensation from sovereign states by way of subrogation. Thus, the importance of national legislation increases - the norms of which should form the investment attractiveness of the state and give foreign investors confidence in protecting their rights even in a situation of economic crisis, for example, in Russia tax benefits are provided for foreign investors in case of adverse changes in the tax burden (the institute of "tax stability") in accordance with Article 9 of the Federal Law "On foreign investments".
Development of separate branches of international public law
Gorelik I.B. - Possible directions of development of international legal institutions in the field of global cybersecurity pp. 33-44

DOI:
10.25136/2644-5514.2023.2.40618

EDN: UZESRS

Abstract: The author discusses possible directions for the formation of a global international legal system for countering cybercrime and its further development. The results of the activities of international organizations in the development of international legal mechanisms for countering cybercrime are briefly analyzed. An attempt is being made to search for other international legal problems, the experience of solving which can act as a conceptual basis for the formation of a global international legal system for ensuring cybersecurity. The main characteristics of modern digital information and communication systems, especially Internet technologies, are investigated. An attempt is made to create a theoretical model of international legal regulation of countering modern digital threats based on the global nature of modern cyber threats. The special role of international organizations in the development of international law is stated. The opinion is given about the current global digital information system covering the entire international community. A parallel is drawn between the conceptual foundations of the problem of money laundering and terrorist financing (ML/FT) and cybercrime. The conceptual similarity of these two problems with the justification of such a conclusion is stated. In this regard, it is proposed to use the organizational structure of the international legal framework for countering ML/FT as a conceptual basis for a similar counteraction to cybercrime. In particular, the article proposes to create a specialized international organization within the framework of the UN, whose activities will be devoted to ensuring global cybersecurity. It is proposed to use organizational bases similar to those used within the framework of the Intergovernmental Commission on Financial Monitoring as the basis of activity. In particular, the organization's activities are proposed to be carried out on the basis of a list of recommendations on improving national organizational and legal measures to counter threats in the field of digital technologies, as well as mechanisms for mutual assessment of member states.
Yadgarov S.S. - Legal and institutional mechanisms of cooperation in the field of combating terrorism within the framework of the Shanghai Cooperation Organization pp. 45-57

DOI:
10.25136/2644-5514.2023.2.40437

EDN: TEYRCT

Abstract: The article examines the activities of the Shanghai Cooperation Organization in the field of coordinating the activities of the member states in the fight against terrorism. The author considers the complex use of various international legal instruments tested in practice in the fight against terrorist crime. The theoretical basis of the study is the research of A.A. Sinyakina, E. Umarakhunova, E.A. Chernyadeva. To determine the main instruments in the fight against terrorism, were analyzed international legal documents adopted at the SCO summits, in particular the Shanghai Convention on Combating Terrorism. In addition, as an example, were considered the structure and operation of the Regional Anti-Terrorist Structure established by the SCO. Based on the results, it is concluded that the Shanghai Cooperation Organization is one of the most effective organizations in the field of combating terrorism due to the presence of specialized structures, such as RATS, and various legal documents.
Integrational law and supernational associations
Chetverikov A. - Judicial investment (third-party litigation funding) and regional economic integration: in search of legal regulation pp. 58-78

DOI:
10.25136/2644-5514.2023.2.40715

EDN: ZGEDJX

Abstract: In the modern financial capitalism the growing number of private and public goods tend to become a profit-making commodity, i.e. financial asset (financialization & commodification). The latters do not leave aside the judicial protection of the rights and legitimate interests of citizens and legal entities. Nowadays, judicial and arbitration litigations represent abroad one of the most attractive areas of investment for potential investors. Judicial investment (third-party litigation funding) is also developing in Russia. The article examines the current state and prospects of legal regulation of judicial investment in the context of regional economic integration on the example of the proposal of the European Union (EU) Directive on the regulation of third-party litigation funding drafted by the European Parliament at the end of 2022 for the European Single Market. The research is based on historical and comparative legal methods in conjunction with other relevant scientific methods and an interdisciplinary approach. For the first time in Russian jurisprudence the article presents the appraisal of the prospects of legal regulation of judicial investment within the framework of regional integration organizations with common (single) market of goods, workforce, services, and capital. It is proposed to consider establishing standards for judicial investment at the level of the Eurasian Economic Union (EAEU), starting with third-party litigation funding of business disputes in common arbitration institute (EAEU international arbitration tribunal), the creation of which is being discussed by the EAEU Member States and legal community.
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