International Law - rubric Development of separate branches of international public law
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MAIN PAGE > Journal "International Law" > Rubric "Development of separate branches of international public law"
Development of separate branches of international public law
Sazonova K.L. - The Big Five and the peace-making activities of the United Nations Organization: political and legal threats and challenges. pp. 1-15

DOI:
10.7256/2306-9899.2013.2.4769

Abstract: "The Big Five", "the Great Powers", "the permanent Five" - all of these terms refer to the Permanent Member of the Security Council of the United Nations Organizations. These states - the Russian Federation, the United States of America, the Great Britain, France and China - bear special responsibility for the protection of international peace and security, and they make decisions, which influence the entire universal collective security system.  Throughout 68 years of existence of the UN the reaction of the international community to this institution has been ambiguous.  The Permanent Members of the Security Council of the UN treasure their status greatly and protect it actively, and these states also bear the key political responsibility for the mistakes and failures of the organization as a whole. That is why, it is of interest to the author to study the role of the "Big Five" in the peace-making system of the UN. The author analyzes the actions of the "Big Five" states in the conditions of continually complicating goals, which the UN is facing, and she also discusses the perspectives for the future reform of the UN Security Council.
Krivenkova M. - Forms of International Organizations' Non-Material Responsibility pp. 1-15
Abstract: The article considers some peculiarities of bringing international organizations to non-material forms of intarnational responsibility. Special attention is paid to the project of the Articles on Responsibility of International Organizations, which were developed by the UN International Law Commission. The author proposes to distinguish such forms of non-material responsibility as restoration, satisfaction, assurances and guarantees of non-repetition. Within each of these forms the author evaluates  specific types of responibility of states in violations of their obligations, arising from legal relations.
Mozhuga V.V. - Factors influencing the hierarchical dependency of public law sources in the Customs Union. pp. 1-15

DOI:
10.7256/2306-9899.2013.4.10104

Abstract: The article is devoted to the studies of the influence of economic integration upon the changes in the factors reflecting hierarchic dependency of the public law sources.  The article provides brief analysis of various approaches towards the formation of a hierarchic dependency, and it includes detailed analysis of the influence of economic processes upon the changes in the hierarchy of the public law norms both at national and international levels. The author pays special attention to the issues of classification of regional trade agreements and their relations with the system of supra-national public law, providing detailed characteristics of each type of regional trade agreement, taking into account the specific features of the formation of the system of public law.  As a conclusion the author points out that the transition from one level of integration to another is accompanied with the simultaneous changes in the system of sources of public law of the state, when more and more of economic and closely related issues are transferred into the sphere of supranational regulation. That is why, when analyzing the factors of hierarchical dependency of the sources of public law of the Russian Federation, it is necessary to take into account the economic element of public law relations.
Shovkrinskii A.Y. - Abandonment of the principle of requirement for the exhaustion of the local legal remedies in the international law by the state. pp. 1-19

DOI:
10.7256/2306-9899.2014.2.11874

Abstract: The article concerns the issue of abandonment of the respondent state of the principle of requirement for the exhaustion of the domestic legal remedies in the international law, which allows the claimant not to apply domestic remedies and to address the international organization bodies directly for the protection of his rights. In the opinion of the author such an abandonment of the state from the requirements for the exhaustion of local remedies may be both expressed and implied.  The author considers that expressed abandonment of this requirement by the state may be expressed directly or indirectly, since it concerns the procedural position of the defense, and the abandonment itself may be withdrawn. It seems that direct abandonment of the principle by the respondent state before the start of the international judicial procedure may be rather rare.  In all of the cases viewed by the author the abandonment was announced by the state during the international judicial trial.  As for the implied abandonment of the requirement for the exhaustion of the local legal remedies by the state, there is no norm of international law, which would provide for its presence.  The author states that the problem of implied abandonment of the requirement for the exhaustion of the local legal remedies by the state is rather complicated.
Babina E.A. - International legal regulation of remote sensing from the space with the use of artificial satellites of the Earth. pp. 1-16

DOI:
10.7256/2306-9899.2014.4.13140

Abstract: The article concerns international legal regulation of remote sensing from the space with the use of artificial satellites of the Earth. The author notes that in the sphere of remote sensing, as well as in other spheres concerning information, there is a variety of norms from various national legislations, international and international private law, as well as international treaties and supranational legislation of states, which is specialized on regulation of activities in the space. The author pays attention to the absence of the special international legal document, which would be devoted to the remote sensing of the Earth from the space. It is stated in the article that this sphere is regulated with the general documents of general international space law, including both binding and non-binding acts. The author evaluates positions of the states regarding remote sensing of the Earth from the space, which are expressed within the framework of the UN Space Committee. Special attention is paid to the development of principles of remote sensing of Earth from the space, as provided for by the General Assembly of the UN in its resolution 41/65 and the work of the legal sub-Committee of the UN Space Committee.
Eremina N., Seredenko S. - The double life of international crimes: examining the issue and terminology pp. 1-52

DOI:
10.7256/2306-9899.2015.2.14485

Abstract: The subject of this research is the appeals of political institutions and declarations and statements of politicians, who use accusations of international crimes as a political instrument. The goal of this work is to conduct a thorough analysis of this issue (causes, forms of appeal, possible consequences), as it not only testifies to the existence of the so-called double standards, but also a method of strengthening the stereotypes regarding specific nations, and means of destroying an image of a country. The article gives a detailed examination of the following political statements: “regime crimes”, “declaration” of an international crime, “condemnation” of a nation. The authors also analyze the nature of “punishments” introduced against one or another country in the form of sanctions for the said “crimes”. The main sources for this work were the international legal documents, as well as the statements and declarations of political leaders. The article is first to research the use of international law as a political instrument for solving specific tasks before particular circles of individuals or country. The authors formulate the question, and compile a catalogue of similar political appeals.
Zverev P.G. - The Problems of Interaction of International Human Rights Law and International Humanitarian Law during Armed Conflicts pp. 1-22

DOI:
10.7256/2306-9899.2015.4.16552

Abstract: This article is dedicated to the problems of interaction of the two independent bodies of modern international law – human rights law, and international humanitarian law in times of armed conflict. Special attention is given to the differences in approaches to human rights applied by the rules of two mentioned bodies of international law. The author analyzes the provisions of international treaties in the field of protection of human rights and international humanitarian law, as well as the opinions of reputable domestic and foreign researchers. The goal of this study is to identify the problem points in convergence of human rights law and international humanitarian law during armed conflicts. The research is based on a combination of specific historical, comparative-legal, formal-legal and political-legal methods. The main conclusions of the research are the following: 1) during an armed conflict human rights law and international humanitarian law are complementary bodies of international law; 2) rules of international humanitarian law operate as lex specialis in relation to human rights law; 3) further close interaction between the considered bodies can lead to their merger into a single (joint) body of international law. The novelty of this research consists in the fact that it is for the first time the opinions of renowned Russian international lawyers on the question of the relationship of these bodies of international law are presented in English; also the positions of Russian scientists are compared with the opinions of their foreign colleagues.
Gorian E. - The international-legal mechanism of ensuring the rights of migrant women regarding the struggle against HIV/AIDS pp. 1-18

DOI:
10.7256/2306-9899.2016.3.20160

Abstract: The object of this research is the relations emerging in ensuring the rights of migrant women in the context of fighting HIV/AIDS. The author highlights the peculiarities of the international-legal mechanism of providing the rights of migrant women in the aforementioned aspect, as well as gives special attention to the normative and institutional mechanisms. The main principle of the international-legal mechanism that consists in the principle of nondiscrimination is underlined. The specificity of the examined mechanism lies in the active involvement of the employers and their organizations alongside the public organization and labor unions. The normative mechanism is presented for the most part by the norms of soft law; the imperative norms are contained in the number of special conventions dedicated to work migration, protection of the rights of women, children, and people with disabilities. The institutional mechanism is presented by the international governmental and nongovernmental organizations, international judicial authorities, public organizations, labor unions, and multinational corporations. The author underlines the need in development of the international convention devoted to the protection of rights of the HIV-infected individuals, which will include all of the vulnerable categories of population (women, children, handicaps, and migrants) and contain the minimal standards of provision of their rights, obligatory for all of the participants.
Aristov E.V. - Activity of the World Bank and International Monetary Fund aimed at prevention and alleviation of poverty pp. 1-6

DOI:
10.25136/2644-5514.2017.2.21701

Abstract: The subject of this research is the normative and practical activity of the international organizations – World Bank and International Monetary fund regarding the development of strategies, programs, and corresponding measures on the struggle against poverty. The author examines such aspects of the topic as the adoption by the aforementioned international organizations of joint documents and realization of joint measures on reducing the level of poverty. Special attention is given to the content of strategies and programs adopted by these organizations since 1974 – acknowledgement of the need for acceptance and implementation of political measures on redistribution of the material resources among population. The scientific novelty consists in determination of the key state measures necessary for the successful fight against poverty. Author’s special contribution into this research consists in the assessment of activity of the international financial organizations – World Bank and International Monetary Fund aimed at struggle against poverty, as well as the analysis of strategic documents and programs enacted by these international organizations.
Shugurov M.V. - World Bank: assistance to knowledge distribution and technology transfer for the purpose of sustainable development pp. 1-15

DOI:
10.25136/2644-5514.2018.2.26901

Abstract: The subject of this research is the activity of World Bank in the area of knowledge distribution and technologies essential for ensuing the transition to sustainable development. The author carefully analyzes the transformation of agenda of the World Bank’s activity due to inclusion of policy objectives stipulated by the Agenda for Sustainable Development for the period until 2030, along with the tasks 17.6-17.8 providing the activation of international cooperation regarding the development and transfer of environmentally friendly technologies. The systemic approach allows demonstrating the assistance to development and transfer of knowledge and technologies as an independent subsystem in terms of the common thematic space of operation of the World Bank. The comparative legal method determined the specificity of the World Bank’s mandate in the area of knowledge distribution and technology transfer in comparison with other international organizations. The dogmatic legal method was applies for examination of the bases of implementation of political commitments on development and transfer of technologies. The author concludes that the assistance of World Bank in development and transfer of technologies for the purpose of sustainable development is realized in two forms: the first one is the distribution of knowledge about the new technologies, as well as the mechanism of their transfer, which contributes to capacity building in the field of technology transfer as a ling of innovative cycle; the second one is the assistance to the world economic development (trade, investments) that creates a favorable climate for distribution of the “sustainable” technologies. The scientific novelty consists in demonstration of the vectors of World Bank’s activity on interlinking the scientific progress and the sustainable development.
Shugurov M.V. - International political legal mechanism of switching to the models of rational consumption and production: new framework for technology transfer pp. 1-23

DOI:
10.25136/2644-5514.2018.4.26918

Abstract: The subject of this research is the decennial framework of the program on rational models of consumption and production as a mechanism that allows integrating the international transferring of environmentally friendly technologies into the framework of social ideal stipulated by the agenda in the area of sustainable development until 2030. The author gives the detailed characteristic to the models of rational consumption and production as the foundation for sustainable development, traces their formulation and development in the context of global political process in the area of sustainable development, and most importantly, analyzes their impact on the determination of goals of the international legal regulation of technologies, including the need for overcoming the technology gap. In the course of this research the author applied the comparative legal method that allows establishing the link between the international political documents and legislative acts in the area of ensuring the transition to sustainable development and assistance in technology transfer. The main conclusion lies in the statement that the decennial framework represent the mechanism for reaching the goal of sustainable development No. 12, which creates the conceptual space for the scope of political obligations in the sphere of international technology transfer. The scientific novelty lies in substantiation of the fact that the examined mechanism of international cooperation allows integrating the transfer of “sustainable” technologies into the context of realization of the social ideal, which suggests the universal implementation of the rational models of consumption and production.
Korableva S.Y. - The questions of definition and concept of the general principles of international criminal law pp. 1-6

DOI:
10.25136/2644-5514.2018.3.27179

Abstract: Based on the comparative analysis of the works of foreign and national authors, this article describes the difference in approaches towards the concept of the “general principles of international criminal law”. Such aspects of the topic as the demarcation of general principles of law and general principles of international law, as well as their correlation directly with the “general principles of international criminal law” are carefully examined. Attention is turned to the thesis that the division of principles into general (characteristic to international law) and sectoral (inherent to international criminal law), let alone, viewing the in reference to each other, is unreasonable. It is proven that the origins of the principles of international criminal law must be searched for not in the principles of international law, but the general principles of law. The author underlines that the common to Russian theory of criminal law rigid division of the principles and general part should be acknowledged not only inapplicable for the international criminal law, but also factitious in its essence. Therefore, this article suggest the landmark definition of the general principles of international criminal law, which to a greater extent corresponds with the regulation of the Rome Statute of the International Criminal Court that the traditional Soviet definition, as well as develops their system.
Popova S.M., Uvarov V.B., Yanik A.A. - Regulation of Remote Sensing of the Earth from Space: International Practice pp. 1-27

DOI:
10.25136/2644-5514.2022.3.38577

EDN: QLBQXQ

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 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.
Kudel'kin N.S., Rednikova T.V. - The Arctic and non-Arctic countries: environmental-legal and international legal aspects on the example of Chinas Arctic policy pp. 7-19

DOI:
10.25136/2644-5514.2018.3.27585

Abstract: Currently, the Arctic becomes a territory of the conflict of interest for a wide variety of countries, including those located far from the polar circle. The goal of this work is the analysis of tasks and goals of such countries in the Arctic, as well as the possible consequences of escalation of their activities. The White Paper “China’s Arctic Policy” declares the interest to cooperation in the following spheres: climate change, environment, scientific research, use of sea routes, resource survey and exploitation, security and international relations, as well as emphasizes China’s reliance on environmental situation in the Arctic. Due to the conflict of interests between the Arctic and non-Arctic states and desire of the latters to take strong positions in the region, a question on the adoption of special international document that would regulate the order and limits of activities of all subjects becomes urgent. The authors believe that collaborative work of the Arctic and non-Arctic states aimed at preservation of nature of the Arctic, can become a powerful environment-oriented instrument, which allows applying the scientific and economic potential of the entire humanity. At the same time, the realization of environment-oriented activity should not grant the priority right to the subjects for the natural resource development. The non-Arctic countries can also significantly contribute to preservation of the Arctic nature through introduction of the domestic policy aimed at minimization of their negative impact on the environment. Such measures can become more efficient for the protection of Arctic environment, than the measures implemented directly in this region.  
Primov M.N. - International Legal Regulation of the Use of Landmine Weapons: Classification Problems pp. 10-26

DOI:
10.25136/2644-5514.2023.1.39887

EDN: GLGQTV

Abstract: The article notes the increased urgency, due to the significant aggravation of the international situation, of solving problems related to the use of landmine weapons, the victims of which are not only military personnel, but also civilians. Despite the considerable efforts made over a long time and the agreements reached, the mine problem is still far from being resolved. Peaceful initiatives related to the implementation of the basic principles of international humanitarian law, its improvement, are still the main direction of activity of the modern State, which meets the basic needs of citizens, the purpose of which is to resolve conflicts at all levels. In modern conditions, peace initiatives that implement and develop previously reached agreements, including on the use of landmine weapons, are of particular importance. In this article, based on a comparison of the definitions of this weapon, the established restrictions, prohibitions on its use used in the two main acts of international humanitarian law on the mine problem, it is proposed to solve the issue related to the classification of landmine weapons used in the treaties, including anti-personnel mines. It seems obvious that the solution of this issue, the use of definitions that are uniform for treaties on similar issues, is an important initial condition that allows for objective control over the implementation of international agreements.
Belozertsev S.M. - Forms of Compensation for Harm in Public International Law pp. 13-20

DOI:
10.25136/2644-5514.2023.3.39612

EDN: CPBDFM

Abstract: The study of the problems of international legal responsibility as one of the basic elements of international legal regulation is of particular importance due to the fact that the subjects of international law, taking advantage of the dispositivity and consensual nature of its norms, abuse them in their own interests, often seriously infringing the interests of their international partners. The institution of international legal responsibility is one of the earliest forms of interstate relations that arose long before the formation of public international law as a legal system. The article discusses the forms of compensation for harm in public international law. The property and non-property forms of compensation for harm are highlighted. The key characteristics of international legal responsibility are defined, such as compensation for harm, as the most effective sanction for unlawful actions, and restoration of the violated rights and interests of the victim. The analysis of the order and consequences of the application of forms of international legal responsibility is given. The institute of international legal responsibility is very extensive, we have considered only some of its part concerning the forms of international legal responsibility. Forms of international legal responsibility can be of a property and non-property nature. Property forms of liability include: restitution, compensation, satisfaction. Non-property forms of responsibility include: retorsions and reprisals. As a result of the conducted research, it is concluded that the forms of liability are most effective when they are combined when several property forms of liability (for example, restitution and compensation) are used together with non-property forms of liability. It is noted that non-property forms of liability are the most effective in terms of influencing the reputation of the harm-doer, due to their publicity.
Sazonova K.L. - International Responsibility of States: Problems And Perspectives pp. 16-25
Abstract: This article examines one of the least regulated institutions of modern international law- the institute of the responsibility of international intergovernmental organizations. This institution is not codified properly, there is only a Draft articles on responsibility of international organizations 2006, which was launched in 1963 as a codification of customary law.An important aspect is the specific legal personality of organizations, which is derivative and special, which affects the issues of responsibility. The author focuses on the history of formation and codification guidelines and standards related to the international legal responsibility of the organizations. The article compares the characteristics and specificity of the responsibility of international organizations in comparison with states responsibility, and also the reasons for international responsibility of organizations.The author analyses the implementation of international responsibility in cases when there is a functional relationship between an international organization and its officials, as well as situations where the state is the co-perpetrator of the international crime with the international organization.
Shilina M.G. - Trade and Economic Cooperation Agreement between EAEU and PRC: international legal analysis pp. 16-26

DOI:
10.25136/2644-5514.2018.2.26701

Abstract: Substantiated by the processes of expanding regionalization and globalization structure of international legal relations becomes more complicated, as well as develops its complex types. Trade agreements as a type of international treaties that used to be sign only between the states to regulate their trade and economic relations, concede to the agreements between the more considerable subjects of international law. Such trend is also applicable to the processes currently taking place in Eurasia: the rapid process of concluding trade agreements between the integration association – the Eurasian Economic Union (EAEU) on one hand, and its partner nations on the other. One of such agreements became the Agreement on Trade and Economic Cooperation between EAEU and China, signed on May 17, 2018 within the framework of the Astana Economic Forum. The analysis of the indicated document seems especially relevant for determination of the effects of its signing and scenarios of further cooperation, particularly in terms of integration of the EAEU and China’s initiative “One Belt – One Road”. The author concludes that this non-preferential Agreement sets a high standard of regulation in various spheres of international economic relations; improves the terms of accesses to the China’s market with the domestic goods through simplification of the trade procedures and promotion of the transparency level. The Agreement can become an efficient basis for the future practical implementation of the concept of Big Eurasia.
Mysina A. - International legal framework for cooperation of states on crime prevention in the area of information technologies pp. 18-27

DOI:
10.25136/2644-5514.2019.1.29027

Abstract: This article describes on the conceptual and practical level the international legal framework for cooperation of the global community member states on crime prevention in the area of information technologies, as well considers certain theoretical and legal aspects of realization of international cooperation on crime prevention in the area of information technologies. The analysis of the composition of unlawful acts, established in the international treaties, testifies to the emergence of the novation types of crimes subject to legal regulation on the international level, as well as in terms of the national criminal law. Methodological foundation contains systemic, structural, and functional analysis; logical, comparative-legal, and formal-logical methods. The scientific novelty consists in the fact that the author provides the definition and classification of unlawful acts committed in the sphere of information technologies; explores the problem of the absence of universal international treaty that would regulate the questions of cooperation of states in this area;  analyzes the regional sources of international law dedicated to the questions of international cooperation on crime prevention in the area of information technologies.
Lisauskaite V.V. - Goals of the United Nations strategic development and international protection from disaster: correlation and implementation pp. 19-31

DOI:
10.25136/2644-5514.2020.3.33194

Abstract: The subject of this research is the international relations on accomplishment of sustainable development goals, taking into account the risks of disasters and remedy against them. The object of this research is several documents: United Nations General Assembly Resolutions “Our Changing World: Agenda on Sustainable Development until 2030”, Sendai Framework for Disaster Risk Reduction 2015, Paris Agreement on Climate Change 2015. Detailed analysis is conducted on the provisions of the indicated documents in the context of their interrelation for effective implementation. Special attention is dedicated the impact of disaster risk upon sustainable development goals, namely their accomplishment. The following conclusions were formulated: sustainable development goals represents basic trends for development of each country and global community as  a whole; they are directly related to less significant problems that trying to be resolved by joint efforts of the global community (protection from disasters and climate change). These three block represent the equilateral sides of a triangle of international relations, realized for the purpose of harmonious development of modern civilization. The author’s special contribution lies in correlation of the particular provisions of aforementioned documents, and in schematic interpretation of such correlation. The novelty lies in the fact that the science of international law usually reviews these documents separately from each other, just mentioning their interrelation. The author reflect the approach that is being currently implemented by specific practitioners on elaboration of indicators of interrelation between sustainable development goals and disaster risk reduction.
Aleksandrova D.E. - Unilateral Sanctions in the Context of Modern International Law pp. 21-29

DOI:
10.25136/2644-5514.2023.3.38737

EDN: CPDKSD

Abstract: The author discusses the modern international legal framework governing the application of sanctions. The author focuses on the following issues: international and regional sanctions in the context of the UN Charter, restrictions on sanctions regimes, sanctions in humanitarian law, the legitimacy of unilateral economic sanctions. The methodological base of this work is a systematic approach, which allows to consider sanctions as part of the modern international legal system. As a result of the study, it was revealed that within the framework of the existing international legal system, only the UN Security Council is authorized to impose sanctions in order to ensure global peace and security. The resolutions of the UN Security Council on the issue of the application of restrictive measures are dominant in comparison with the decisions of other international bodies and the obligations of member countries under international treaties. The legitimacy of applying regional sanctions is limited by the statutes of regional organizations. The novelty of the study lies in a comprehensive consideration of the reasons why unilateral sanctions are a violation of international law. Unilateral economic restrictions violate the free trade regime of the WTO and the principle of non-discrimination that underpins the GATT. They represent a violation of the fundamental principles of sovereign equality, as well as the principle of non-interference in the internal affairs of other states. As a result of the application of economic sanctions by certain states, extraterritorial jurisdiction is manifested, which creates a dangerous precedent for international law.
Zarubin I.S. - Exhibition and trade fair and congressional activity within the system of institutions of international economic law pp. 23-53

DOI:
10.7256/2306-9899.2015.4.16886

Abstract: The subject of this article is the circle of international legal problems in the area of legal regulation of the institution of exhibition and trade fair activity on the circumstances of its functional nature and representational orientation as one of its comprising institutions within the common system of institutions of international economic law. The object of this research is the public relations that form in the process of cooperation of the member-states of the global community by the vector of juridical regulation of the institution of exhibition and trade and fair and congressional activity in the context of international legal security. The scientific novelty of this research consists in a detailed examination of the institution of exhibition and trade fair and congressional activity as part of the common system of institutions of international economic law, and determination of the specificity of the legal regulation of relations in this sphere. The author formulates the legal hypothesis, according to which he makes a conclusion on the interconnection between the provision of legal security of the member-states of the international community and the institutional-legal spectrum of science and practice of international economic law, including the institution of exhibition and trade fair and congressional activity.
Lisauskaite V.V. - Special principles in the area of international protection against disasters: peculiarities of the content and recognition pp. 23-33

DOI:
10.25136/2644-5514.2019.2.29672

Abstract: The subject of this research is the characteristics of special principles of international law in the area of international cooperation on protection against disasters. The current international relations actively develop in different directions, which leads to emergence of the new fields of shared interests. One of such spheres is the international cooperation on protection against disasters – the direction actively realized within the framework of the United Nations, other universal and regional organizations, as well as in terms of bilateral cooperation. As of today, this sphere gains particular relevance from the perspective of legal regulation and direct implementation. These relations are based on the fundamental elements of the system of international law – generally recognized principles, as well as the special principles reflecting the specifics of such relations. Having analyzes the documents and practice of their application, the author determines the peculiarities of both groups of the principles in such specific area of cooperation as the protection against disasters. The current international agreements of various level and soft law documents allow forming a certain system of such principles, reflecting the issues of their establishment, application and recognition. It is concluded that the future practical implementation of the indicated principles in the area of international cooperation on protection against disasters, their consolidation within the framework of bilateral, regional and other universal agreements, will contribute to the development of relations therein, mechanism of their legal regulation, and improvement of the international institutional system.
Gibadullin T.D. - Features of the conventional protection of cultural heritage at the level of the Council of Europe pp. 23-41

DOI:
10.25136/2644-5514.2022.4.37243

EDN: AQZGNM

Abstract: The aim of the work is to identify and disclose the distinctive features of the regulation of the protection of cultural heritage in accordance with the main conventions of the Council of Europe in this area, which are the subject of the study. The methodological basis of the article is the methods of deduction, induction, analysis, synthesis, formal-logical, descriptive, system-structural, historical, comparative, formal-legal methods. The paper identifies problems related to the protection of cultural heritage that exist on a global scale and at the level of Russia, describes the efforts of the international community to solve such problems. The definition of cultural heritage is given. The list of all international treaties adopted under the auspices of the Council of Europe, which in one way or another affect the issues of cultural heritage, is given, the greatest importance of five of these conventions is argued. The features of the conventional protection of cultural heritage at the level of this international organization, highlighted on the basis of the study of these international treaties, are considered. The author points out such features as paying special attention to human rights; attaching great importance to the participation of civil society and the public in activities related to cultural heritage; the frequent absence of its explicit division into tangible and intangible heritage, etc. Taking into account the highlighted characteristic features of the States parties to the most significant international treaties mentioned above can contribute to improving the effectiveness of their application of these conventions - not only individually, but also in a complex. This also applies to Russia. The author identifies areas related to the features of the convention protection of cultural heritage at the level of the Council of Europe, on which it may be advisable for Russia to intensify its activities. The scientific novelty of the article is determined by the above-mentioned conclusions and recommendations of the author. It is also expressed in the disclosure of some of the above-mentioned features of the regime of the main conventions of the Council of Europe in the field of protection of cultural heritage, for example, paying special attention to human rights.
Kolobov R., Makritskaya E. - The analysis of case law related to implementation of international agreements in the area of environmental protection in Baikal Region pp. 25-37

DOI:
10.25136/2644-5514.2020.2.32819

Abstract: This article analyzes case law on implementation of the norms of international environmental agreements by the federal court of Irkutsk Region, Republic of Buryatia and Zabaykalsky Krai. The goal of this research is to determine the trends of application of international law regimes by the courts. The selected court rulings cover the period from 2017 to 2020. The authors came to the conclusion that the courts typically apply the provisions of the adopted in 1972 Convention on Protection of World Cultural and Natural Heritage. Most commonly used context of its implementation lies in determination of Baykal’s boundaries as the object of world heritage for the purpose of restricting land transferability. Such trend demonstrates strictly prohibitive character of perception of the Convention by law enforcement practice. At the same time, the system of protection of world heritage contains an extensive toolset for solution of environmental and socioeconomic tasks on the objects of world heritage. Practice of implementation of Convention on Biological Diversity (1992) and Ramsar Convention (1971) is quite inconsiderable, which is the authors explain by the goals and tasks of these international agreements. Implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is predictably reduced to introduction of its provisions that determine the protected biological types. The research results can be used in assessing the efficiency of the regimes of international law with regards to protection of Lake Baikal.
Shinkaretskaya G.G. - Analogies in International law and problems of the development of space law pp. 25-36

DOI:
10.25136/2644-5514.2021.2.35927

Abstract: This article indicates that the existing international space law fails to regulate the dynamically developing space activity. The International policy-making in this sphere has established when the applied space activity virtually did not exist. Currently, the actively developing and very profitable space activity, for the most part involves the economic entities. The author notes that a range of means, such as contracts, recommendation documents, and national legislation are employed in the development of space law. The question raised whether the analogy can be applied for the development of international space law. This method of filling the gaps is widespread and largely used in private international law; however, its value for the public international law has not been determined. An essential issue is the ratio between the formalized sources of law and analogies; methodology for determining the existence of deficiencies of law; criteria for similarity and difference of the situations that imply the use of analogy. For solving the set tasks, the author uses the formal-logical, systemic, comparative, and other research methods. The author believes that it is possible to trace several factors that allow using analogies in the international law. The analogy should be substantiated for each individual case; it is necessary to draw comparison between regulated and unregulated cases; determine the identity of the elements that are relevant for application of analogy.
Labut D.A. - Concept of the natural prolongation of the land territory of a country in the documents of the Commission on the Limits of the Continental Shelf pp. 27-46

DOI:
10.25136/2644-5514.2018.2.26992

Abstract: The subject of this research is the concept of the “natural continuation of the land territory of a country” inextricably associated with the emergence and development of the continental shelf institution in the international law. This aforementioned concept, of a natural scientific origin, attained a special legal content, as well as consistently appears in decisions of the international courts, arbitrations, documents of international authorities, and international legal standings of the countries pertinent to the maritime boundaries. It plays a discrete role in determination of rights of the littoral countries to the shelf beyond the limits o 200 nautical miles from the baseline and establishment of its external boundaries with reference to the locality. Namely this explains the relevance of the meaning of term, in this case, in recommendations of the Commission on the Limits of the Continental Shelf – the authority that is systematically engaged in implementation of the Article 76 of the United Nations Convention on the Law of the Sea of 10 December 1982. The research demonstrates the discrepancy of the current international practice concerning the role of “natural prolongation” in the acting maritime law. The international legal assessment of documents of the Commissions vary. From the author’s standpoint, the concept is important of determination of rights (“title”) of a littoral state to the corresponding sectors of seabed and resources within, but not for the establishment of exact boundaries of the shelf with reference to the Locality. The question on the role of the indicated concept, its precise meaning and content is subject to further consideration within the framework of the mechanisms of dispute settlement.
Kove O. - Activities of the International Maritime Organization in the field of maritime safety pp. 28-40

DOI:
10.25136/2644-5514.2022.2.37947

Abstract: The relevance of the study is due to the active activity of IMO in the field of ensuring the safety of navigation. The purpose of the study is to analyze this activity. Accordingly, the author analyzes the structure and objectives of the Organization, which are enshrined in the IMO Convention and considers the powers of the Maritime Safety Committee. The article also discusses current international legal acts adopted by IMO and regulating the range of issues related to the safety of maritime navigation. The subject of the study is the legal basis for the functioning of IMO in the field of ensuring the safety of maritime navigation. The object of the study is interstate relations in the field of international legal regulation of maritime safety. The methodological foundations of the research include general scientific and private scientific research methods, including: formal legal and comparative legal methods. The novelty of the research lies in the conclusions made by the author in the work. One of the main conclusions is the statement of the need to amend Article 15 of the IMO Convention in order to create for the Assembly the right to reject documents submitted by the Council. The author points to the need to expand the composition of the Council, through the adoption by States of amendments approved by Resolution A.1152 (32) of January 8, 2021. The peculiarity of some standards on the safety of maritime navigation adopted by IMO is the obligation of their implementation by all States. The author explains this fact for three reasons. Firstly, all IMO member States participate in the creation and amendment of international legal acts that enshrine standards of this kind, since they are part of the Maritime Safety Committee. Secondly, this approach excludes unequal conditions between States. Thirdly, it is aimed at reducing the number of States unwilling to adhere to the requirements established by maritime safety standards.
Shugurov M.V. - International law regime of technology transfers for support of sustainable farming: content and strategic foundations (within the frameworks of the scientific project No. 17-03-00400 supported by Russian Foundation for Basic Research) pp. 31-53

DOI:
10.25136/2644-5514.2017.4.24274

Abstract: The object of this research is the international legal grounds of international technology transfers that ensure the shift of the agriculture towards the trajectory of sustainable development. The author examines the combination of general issues of international character, upon the solution of which is aimed the international legal regulation of technological cooperation of the states. The article also meticulously reviews the provisions of the framework international documents of political legal character, that are directly or invertedly associated with the international agreements that establish the regime of transfer of the agricultural technologies in the context of achieving the goals of sustainable development. A significant place in this study belongs to the analysis of the varieties of transferred technologies, as well as demonstration of the actual mechanisms that can lead the cooperation of the states and all interested partied to the efficient execution of the international legal obligations in the examined sphere. The scientific novelty lies in the system disclosure of the international legal norms and mechanism that comprise the content of the international legal regime of technology transfers, as well as determination of its complex character. The author concludes that despite the certain fragmentarity, such regime depends on the synergetic execution of the international legal obligations pertinent to the other means of ensuring the sustainable development – financing, formation of potential, and development of global trade.
Baiaman uulu B. - Prospects for adoption of global agreement on safe, disciplined and legal migration pp. 32-44

DOI:
10.25136/2644-5514.2020.3.33632

Abstract: The subject of this research is the prospect of existence of the global agreement on safe, disciplined and legal migrations in the conditions of coronavirus pandemic (further referred to as global agreement), as well as logical transformation of the migration flows due to pandemic. The goal is to determine the relevance for such global agreement in the context of coronavirus, considering the need to form the funds for resolving migration issues, as well as in terms of actual financial problems faced by every single country due to the emergency of taking ant-coronavirus measures. Relevance of adopting the agreements should also be viewed in relation to the fact that the content of global agreement is not indisputable. The conclusion is made that coronavirus pandemic somewhat shifted the focus of attention from the pressing problem of migration towards the domestic affairs of each state. However, the author makes an assumption that the countries would gather in forums in the late 2020 to share the progress in implementation of national programs in the sphere of migration. It may be difficult to attract attention to such forums or move towards implementation of noticeable agreement results at the time of more urgent domestic problems related to COVID-19 pandemic.
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.
Moroz E.N. - Legal issues and prospects for delimitation of continental shelf in the Arctic pp. 37-48

DOI:
10.25136/2644-5514.2021.2.34800

Abstract: This article is dedicated to the relevant problem of delimitation of the Arctic territories. There are currently several different approaches towards this question, but the effective one is the mechanism proposed by the United Nations Convention on the Law of the Sea. The absence of consensus on delimitation of continental shelf is substantiated by the intersection of interests of the countries in the Arctic region and strategically crucial consequences of dividing the Arctic: this is the matter of national security, geopolitical supremacy, increase of economic potential, energy and environmental security. The goal of this research consists in the analysis of recent achievements and prospects for delimitation of continental shelf. The subject of this article is the problems of delimitation of the jurisdiction of countries in the Arctic region. Methodological framework is comprised of the chronological method and method of analysis. The conclusion is made that the definition of state boundaries in the Arctic is a long process; since the decisions of the Commission on the Limits of the Continental Shelf is of advisory nature, it may lead to the disputes between the countries over the rendered decisions. It should be noted that international law has the essential mechanisms and means for the peaceful delimitation of maritime boundaries in Arctic waters. The author believes that the final definition of boundaries in the Arctic would be achieved through the compromise between the polar countries, and thus signing bilateral agreements without relying on recommendations of the Commission. It is underlined that the conventional principle of delimitation of boundaries in the Arctic Ocean does not meet the national interests of the Arctic Five, and requires a different approach due to the peculiarities of the ocean. The scientific novelty lies in the analysis of existing principles, instruments and problems of delimitation of boundaries in the Arctic, as well as in conclusions formulated by the author. The solution to the outlined problems can become the preservation of the international seabed within the framework of the concept common heritage of mankind in the area of the Gakkel Ridge, and in the area of Lomonosov Ridge delineation by the sectoral principle.
Korzhenyak A.M. - On the international legal regulation of cooperation between air transport companies pp. 40-50

DOI:
10.25136/2644-5514.2021.3.36527

Abstract: The subject of this research is the problematic aspects of international legal regulation of cooperation between airways. The author reviews the fundamental international treaties in the sphere of international air transportation (international air law). Special attention is given to examination of different types of bilateral agreements on air transport or air communication. Analysis is conducted on the advantages and disadvantages of the structure of bilateral regulation; different classification of the alliances in Russian and foreign scientific literature. The conclusion is made that although initially, the strategic alliances were created to improve the welfare of air transport companies by reducing costs, currently there is market, concentration with overwhelming share of the three largest alliances. Stiff competition forces to join one or another alliance in order to share in the international air carriage, which clearly indicates the tendency to globalization of air transport. There is no doubt that the countries constantly use the methods of bilateral regulation for obtaining vast benefits.  Currently, further development of bilateral and multilateral (namely regional) cooperation in the sphere of international air carriage aimed at liberalization of international air transport is of major importance. This is the most efficient and fastest means of communication between the countries. The conclusion is made on the insufficient and fragmentary nature of international legal regulation of airways cooperation. The author advances the idea of going beyond private law regulation and creating a universal international legal mechanism that would help to overcome the problem of discrimination against third countries.
Agamagomedova S. - International standards of customs control regulation: modern assessment pp. 40-48

DOI:
10.25136/2644-5514.2023.3.40951

EDN: WUBOPB

Abstract: The subject of the study is the system of international standards regulating customs control, their impact on national legislation and law enforcement practice of customs control. The author examines the existing international treaties in the field of customs regulation, among which there are general and special acts dedicated to the regulation of customs control. Two main objectives of the development and adoption of such standards in the field of customs control are outlined: the unification and harmonization of customs control regulation and the establishment of a minimum for such regulation. Special attention is paid to the principles of customs control, which are reflected in international treaties, in particular in the Kyoto Convention. The author also assesses the impact of international customs control standards on national regulation and law enforcement in the context of increased sanctions pressure on Russia. The main conclusions based on the results of the study are the following provisions: 1. International standards of customs control regulation have a significant impact on national customs legislation, and in the context of economic integration on the level of integration regulation of customs control. 2. The goals of developing universal standards for regulating customs control in the world are: maximum convergence of national regulation in various countries, including through the establishment of customs control principles; establishment of a minimum level of regulation of customs control. 3. International treaties on the regulation of customs control are differentiated into acts of a general nature (for example, the Kyoto Convention) and acts of a special nature (for example, the TRIPS Agreement). 4. There are three main methods of the modern customs control system in accordance with the Kyoto Convention: risk management, audit and information technology. 5. The institution of customs control under sanctions is being transformed and used by the state selectively in relation to various countries.
Grigorieva N.A., Simonova M.A. - International experience of development of the childrens ombudsman institution: from the history of protection of childrens rights and interest pp. 44-49

DOI:
10.25136/2644-5514.2018.4.27574

Abstract: The subject of this research is the global experience, state and trends of development of the children’s ombudsman institution. The object of this research is the historical experiences of the countries pertinent to establishment of the children’s ombudsman institution. The authors carefully examine such aspects of the topic as the main vectors, prerequisites and stages of development of the children’s ombudsman institution. Particular attention is given to the models and forms of organization of work, as well as functions and authority of children’s ombudsmen within the framework of international practice. The main conclusion consists in identification of peculiarities of development of the ombudsman institution in the context of activity of the countries in the area of protection of children’s rights. The author’s special contribution is defined by the comprehensive analysis of evolution of the children’s ombudsman institution worldwide. The scientific novelty lies in reconsideration of the conceptual grounds, trends and key vectors of development of the children’s ombudsman institution. The article is prepared in terms of implementation of the project of the Russian Foundation for the Humanities No. 16-03-00467/16 “Problems and International Practice in the Sphere of Protection of Children from Exploitation and Abuse: History, Politics, and Law”.
Mirzayev F.S. - Evolution of uti possidetis as a principle of international law pp. 45-54

DOI:
10.25136/2644-5514.2017.3.23792

Abstract: The subject of this research is the principle of uti possidetis, which takes its roots from the Roman civil law. Special attention is given to the establishment of uti possidetis as a principle of international law that regulates the questions of territorial sovereignty. The object of this research is the effective implementation of the principle in various continents. Of great importance in this work is the practice of countries and international judicial bodies, including the International Court of the United Nations and diverse specialized international organizations. The main conclusion lies in consolidation of the principle of uti possidetis as a principle of international law influenced by the practice of states and application by the international judicial bodies. Author’s special contribution consists in introducing the analysis of doctrinal views and practice of implementation of uti possidetis within the Russian-language publication.
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.
Lisauskaite V.V. - International law of disasters as a new ranch of public international law: need for formation and doctrinal substantiation pp. 50-72

DOI:
10.25136/2644-5514.2018.4.27918

Abstract: The subject of this research is the analysis of the various criteria of formation of the new branch of international law, among which are the subject of legal regulation, sources and principles. The author analyzes the positions of Russian and foreign scholars with regards to formation of the international law of disasters; demarcates from the international humanitarian law and international law of environmental protection, international security law. The article also examines the social relations that are a part of the subject of legal regulation of the international law of disasters. In the course of this research, the author applies the comparative method, analysis and synthesis of information pertinent to emergence of the new branch of international law. The sphere of international regulation of protection from disasters in insufficiently studied within the Russian legal science. Leaning of the works of prominent international legal experts, the author structures the original concept and provides valid arguments of its existence. A conclusion is made on the active development of international relations in the area of protection from disasters, gradual formation of legal platform for their regulation and establishment of the new independent branch of international law – the international law of disasters.
Golovinov A.V., Golovinova Y.V. - International legal standards of women's rights: genesis and current state pp. 50-60

DOI:
10.25136/2644-5514.2023.1.37410

EDN: AUOROA

Abstract: This publication is aimed at understanding the evolution of the content of international legal standards of women's rights. Based on the hermeneutical analysis of the main international legal acts, an attempt is made to show the historical genesis of the consolidation of women's rights in the acts of the United Nations. The authors found that at the international legal level, women's rights were not considered in isolation from men's rights and were based on the construction of equal identical rights of representatives of both sexes. The authors emphasize that the progressive movement of political and legal emancipation of women continues in the general tone of tactics and constructions of international legal regulation of human rights, which started in the previous century.In general, it was revealed that progress in determining the essence and content of women's rights proceeded naturally and evolutionarily. International conventions and covenants in this area have been progressively adopted. The current state of international legal regulation of the institute of women's rights as a whole is developing according to the scenario laid down in the vt. gender. XX century . The authors came to the conclusion that on the way to achieving gender equality on a global scale, international acts increasingly required States to implement the principles of equality of men and women in their constitutions and the current legal system.
Shugurov M.V. - The effects of modern scientific progress upon the international legal regulation of transfers of technology to ensure stable development pp. 53-90

DOI:
10.7256/2306-9899.2015.2.14771

Abstract: This article is dedicated to the research of the questions of development of international scientific-technological collaboration in the process of realizing the globally accepted strategy of achieving stable development. The author gives special attention to the issues of transferring technology in order to achieve the goal of stable development and analyzes the corresponding positions of multilateral agreements in the area of international environmental law. A portion of the article also examines the issues of conceptual nature, specifically the need for a new model of international scientific-technological collaboration that would correspond to the scientific-technological progress relevant to a stable development. In this context the author raises the issues of optimization of cooperation between developed and developing countries in order to reach a mutual stable development. The article also demonstrates the success of developing countries in integrating into international flow of “green” technologies. The author formulates a conclusion that the success in moving towards a stable development on the global scale depends on the effective realization of the positions within conventions and agreements on environmental protection.
Agrba M.R. - Categories of officials in international law and inevitability of punishment pp. 53-66

DOI:
10.25136/2644-5514.2019.3.29409

Abstract: The subject of this research is the specificity of conferring immunity upon state officials overall, as well as highest officials in particular. The goal of this work lies in clarification of the category of state officials who currently possess various types of immunity, as well as identification of circumstances for instituting criminal proceedings against them; differentiation of the existing gaps in the international law with regards to this area of regulation; formulation of methods for their solution, considering the analysis of the relevant scientific sources. The research materials include the official reports  of the United Nations General Assembly, case law of the International Court of Justice, documents of the International Law Commission. The article analyzes the current state and problems in the area of according personal immunity (ratione personae) and functional immunity (ratione materiae) to the state officials in the international law. Special attention is given to the category of highest officials. The activity of the International Law Commission in this field. The conclusion is made that the fundamental category of immunity of an official, as the terminological framework for other international legal mechanisms, remains undeveloped, which impedes their effective implementation. The author argues the anticipation of suggestions on extension of the immunity ratione personae upon other categories of officials. The author recommends introducing amendments to the national legislations, reduction of the category of persons qualified for personal immunity, legitimation of lifting immunity for criminal prosecution by the foreign court, documentation of impossibility of refusal to be extradited.
Korzhenyak A.M. - On the prohibited methods and means of conducting warfare in the context of modern International humanitarian law and law of international security pp. 53-70

DOI:
10.25136/2644-5514.2021.4.36572

Abstract: This article analyzes the historical-legal peculiarities of establishment and evolution of international humanitarian law and its principles in the context of the general theory of international law and current political situation. Referring to the international legal documents that regulate the rules of conducting warfare and issues of international security, as well as case law, the author describes and systematizes the methods and means of conducting warfare that are classified under restraining and prohibitive regimes. The goal of this research lies in the analysis and systematization of international legal norms aimed at prevention of the use of prohibited methods and means of conducting warfare. The object of this article is the relations between the actors of international law with regards to restrained use of means and method of conducting warfare. The subject is the international conventions, international customs, general principles of law recognized by the civilized nations. The scientific novelty consists in the author’s view of the essence of relevant issues in the sphere of international humanitarian law, establishment and evolution of international humanitarian law in the context of restrained use of methods and means of conducting warfare. The author presents the original systematization and classification of the prohibited methods and means of conducting warfare. The conclusion is made that many disagreements can be solved by responsible compliance with the existing norms of the international humanitarian law that is intended to prevent potential humanitarian risks. The author reveals that the four protocols to one of the fundamental sources of the international humanitarian law – the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (1980) have such significant shortcoming as the absence of control mechanism for compliance with the established prohibitions.
Asadov R.B. - The effectiveness of foreign trade legal convergence (on the example of Vienna Convention of 1980) pp. 54-64

DOI:
10.25136/2644-5514.2017.4.25006

Abstract: The subject of this research is the category of the “effectiveness of foreign trade legal convergence”. Currently, special relevance gain the questions regarding the development of a complex and optimal model of international economic and legal cooperation that considers the interests of states in efficient functioning of entrepreneurial environment. The growing amount of modern mechanisms in form of the international and domestic agreements along with the model laws, actualize the potential of the model that will allow seamlessly implementing the foreign experience into the national legal system. Thus, the study of theoretical and applied problems of the effectiveness of legal convergence remains topical. The author focuses attention on the United Nations Convention on Contracts for the International Sale of Goods of 1980 as a universal method for regulating the transboundary trading activities that is the interlink not only between the Anglo-Saxon and Continental law, but also diverse legal cultures and systems. The author examines the most complicated problem of the authentic and uniform interpretation of the provisions of Vienna Convention using the example of the “place of business” criterion. Studying the established Russian and foreign practice, the author concludes that despite the substantive amount of the Convention’s participating countries, the key issues remain unsettled and require a more comprehensive analysis in the course of regulatory activity through the collective effort of the representatives of various legal systems. The author also highlights the characteristic features of the effectiveness of foreign trade legal convergence and provides definition to the indicated category.
Sagdeeva L.V. - The principle of exhaustion of rights as limitation of exclusive rights pp. 55-70

DOI:
10.25136/2644-5514.2017.3.24111

Abstract: The countries independently at the national level define the exhaustion regime with reference to the various objects of exclusive rights. Generally, three approaches to the exhaustion principle are being distinguished: national, international and regional. The principle of exhaustion is closely connected with problem of parallel imports (re-importation), when lawfully manufactured goods are imported into the country of origin. The principle of exhaustion is the limitation on the exclusive rights and the opportunities provided by this institution in relation to the subsequent use of intellectual property objects allow considering it as the limitation similar to the “free use” cases. The subject of this research is the exceptions to copyright infringement of the author’s exclusive rights, in particular the principle of exhaustion. This article considers national and international regulatory frameworks and case law. The methodology is determined by the specifics of the chosen subject and includes a set of general scientific methods (analysis, synthesis, comparison). The main conclusions consist in the following positions: none of the subjective civil rights can be limitless, especially the one in question is fair for the institution of “intellectual property”; restrictions and encumbrance  (free use, exhaustion of rights, compulsory license, and prior and posterior user right) shall be proved and not subject to extensive interpretation.
Ryzhov V.B. - Interpols participation in the fight against terrorism pp. 56-69

DOI:
10.25136/2644-5514.2020.2.29854

Abstract: This article analyzes the modern problems of Interpol’s participation in counteraction and investigation of terrorist acts. It explores the peculiarities of acts of political and criminal terrorism, as well as substantiates the special legal and organizational-methodological significance of the antiterrorist work of the International Criminal Police Organization. The goal of this research is to assess Interpol’s role in counteraction of terrorism in the modern period. The author concludes that Interpol plays a direct role in prevention and investigation of terrorist acts, simultaneously solving the tasks of coordination of the work of law enforcement agencies of states and transnational taskforces. Realization of Interpol’s full potential in counteraction of terrorism is impeded by the absence of unity of approaches towards the criminal legal definition of terrorism, absence of opportunity to take part in investigation of domestic terrorism and the existence of a number of advantages among people justifying their actions by political motives, versus those committing similar crimes under common criminal motivation – financial gain.
Kupriyanovich M.S. - Ensuring safety of maritime transport: current trends and conceptual generalizations of its international legal mechanism pp. 59-68

DOI:
10.25136/2644-5514.2023.4.69153

EDN: UXTSNC

Abstract: The article deals with topical issues of ensuring security of maritime transport and preventing relevant threats based on legal measures. The scientific literature in the field of maritime law and legal means (norms, methods) of ensuring safety in maritime transport is analyzed. The variability and complexity of the nature of maritime threats and various measures to respond to them require an understanding of the policies, regulations, national civil and criminal legislation of the participating States and international public law, and therefore actualize the issues of conceptualization of international legal regulation of maritime transport security in this study. The subject of the study is the provision of safety in maritime transport through the knowledge of current trends and the substantiation of the conceptual provisions of the international legal mechanism as such. Systematic, comparative legal and dialectical approaches have been applied to generalize the essence and features of international legal regulation of safety in maritime transport. The main research methods used are diverse variations of analysis and synthesis of its results, analogy and comparison, generalization and concretization, functional cognition and deduction, abstraction, historical and formal legal methods. The main scientific result of the study is that the problem of ensuring safety in maritime transport has been studied from a legal and organizational point of view. The paper examines the formation of the legal mechanism for ensuring international security in maritime transport, defines the concept of the legal mechanism for ensuring international security in maritime transport, reveals the characteristics of the main threats to international security in maritime transport, justifies the right to ensure security in maritime transport as an institute of international maritime law, presents the results of the analysis of the existing areas of security in maritime transport, put forward proposals to improve international legislation in the field of maritime transport safety. The scientific results obtained as a result of the research can be used in educational activities when teaching the basics of international law, as well as in scientific research procedures when learning about the functioning of modern international law and its individual institutions.
Lozhkovoi P.N. - Challenges of improving legal regime of remote probing of Earth from space pp. 60-68

DOI:
10.25136/2644-5514.2019.4.31163

Abstract: Remote probing of Earth from space is rapidly developing. This field has a range of problems hindering the efficient implementation of such type of space activity. The absence of an interstate special normative act leads to the fact that the relations between the producers and users of data, obtained in the process of probing, are most often regulated by private companies. Some customs of such regulations currently form in the United States and the European Union. However, the number of global space powers is growing and requires due legal unification. The article provides recommendation, namely with regards to legal regulation of compensation for damage in case of conducting remote probing. The author underlines the relevance for elaboration of legal norms regulating access and usage of data acquired in the course of probing. The article also covers the questions of commercial use of information obtained as a result of space activity.
Gorelik I.B. - Formation of an International Legal System for Countering Cybercrime: from Terminology to the Draft Universal Convention pp. 60-71

DOI:
10.25136/2644-5514.2022.4.39376

EDN: ZIBKMR

Abstract: The subject of the study is the process of formation of modern global international legal mechanisms for combating crime in the field of information and communication technologies. The purpose of the study is to systematize information about the main stages of the formation of these international legal mechanisms, to assess the current state of the international legal system for countering cybercrime and the prospects for its further development. The main research methods used are a systematic and formal legal approach, linguistic and comparative legal method. As a result of the study, the main problems that the international community has faced and continues to face on the way to forming a global system to combat cybercrime have been identified. In particular, the problem of terminology was examined, as a result of which it was concluded that there is still no universal definition for cybercrime in the international legal field at the moment, which significantly complicates the process of clear legal qualification of such criminal acts. Also, in chronological order, some stages of the formation of the modern international legal system for countering cybercrime were considered. Thus, a description was presented: the Council of Europe Convention on Computer Crimes, the Tallinn Guidelines on the Application of International Legal Norms in the Case of Cyber Warfare developed by NATO, and the Draft UN Convention on Countering the Use of Information and Communication Technologies for Criminal Purposes developed by Russia. The main conclusion of the study is the conclusion that today the global international system for combating cybercrime is still in the early stages of formation. It is noted that one of the factors hindering the further development of this system is the position of many States that consider the Budapest Convention as an effective international legal instrument that does not require conceptual improvements. There is also a lack of global coherence of states in the process of creating international legal acts in the field of cybercrime regulation.
Belozertsev S.M. - Nuclear Disarmament: Some Aspects of International Legal Regulation pp. 61-69

DOI:
10.25136/2644-5514.2023.1.39177

EDN: BEJZQK

Abstract: The subject of the study of this article is some aspects of the problem of nuclear disarmament, which are highlighted, among other things, from the perspective of the ongoing military special operation in Ukraine. The history of the creation of the nuclear disarmament regime is traced. The main documents regulating the procedure of nuclear disarmament are characterized. The ways of strengthening and finding a compromise in the issues of nuclear disarmament in the world have been identified. The analysis of the problem of nuclear disarmament, which is at the center of international relations and is relevant in the theory of international law, is given. The author has studied the international legal regulation of nuclear disarmament, identified its problematic aspects. The main documents in the field of legal regulation of nuclear disarmament are the Treaties on the Non-Proliferation of Nuclear Weapons, the Comprehensive Nuclear Test Ban Treaty, as well as the International Monitoring System created for its implementation. The existing international legal system of control over nuclear disarmament, non-nuclear testing, and the use of atomic energy exclusively for peaceful purposes does not always prove its effectiveness, as a result of which countries with unstable political situation possess nuclear weapons, which entails an additional threat to the world community. As a result of the analysis, it was concluded that the current system of international monitoring of nuclear tests and the system of international regulation of nuclear disarmament need to be modernized in order to eliminate the threat of proliferation and use of nuclear weapons. Currently, the development of technologies for the enrichment of radioactive substances, the emergence of new threats and other factors create significant obstacles to the preservation of the nuclear disarmament regime.
Skaridov A. - Right to appropriation of the objects of glacier water storage pp. 67-76

DOI:
10.25136/2644-5514.2019.3.30457

Abstract: Today, the Arctic is viewed as a popular object of competition in the military and political ambitions, additional deposit of mineral resources, or a new international transportation highway, where diminishing ice sheet is perceived as a benefit. However, the decreasing ice means decreased cache of fresh water, the rights to which are not legislatively defined, though the significance of this resource is not lesser than the hydrocarbons of the Arctic shelf.  The subject of this research is the norms of international law regulating the extraction of the glacier water from the natural environment and expanding the covering the property rights. The object of this research is the legal relations stemming from the stipulations of international treaties and national legislation that form the legal regime of exploitation of fresh water resources in glacier formations in the Arctic territories. The main conclusion of the conducted research consists in the fact that the object of glacier water storage are a part of natural resources, and can be covered by property rights, volume of which depends on the legal regime of the area of their extraction. The current international law does not establish the legal regime for appropriation and further exploitation of “objects of glacier water storage” and does not provide obvious foundation for extension of property rights to the aforementioned objects. The author’s contribution to the research of this topic consists in the combination of positions that can form juridical content of the concept of “objects of glacier water storage” and regulation of appropriation of these objects.
Kitsmarishvili D.E. - The concept, subject and role of international debt law within the system of international economic law pp. 69-80

DOI:
10.25136/2644-5514.2019.4.31355

Abstract: This article analyzes the concept, subject and role of international debt law (IDL) within the system of international economic law; examines the specificity of the subject of IDL; classifies legal relations falling under the subject of international debt law; lists special regulatory principles of the international debt legal relations. The author also examines the question of interrelation between IDL and international credit law, international; budget law, law on international economic aid, and developmental law. In conclusion, the author formulates the definition of IDL, which implies the set of international legal principles regulating the relations: with regards to defaulted (overdue) sovereign debt; debt restructuring (discharge); financial control over fulfilling debt obligations of the countries; debt succession and redemption (including resolution of debt disputes): as well as with regards to anti-crisis “debt” relief. The international debt law is viewed as an institution of one of the sub-branches of international economic law – the international financial law. As an independent institution, the international financial law closely interacts with the international budget law, law on international economic aid, as well as international developmental law.
Simanovich L.N. - International legal conditions of legitimate use of the mechanisms public and private partnership in preventing crimes associated with human trafficking pp. 71-77

DOI:
10.25136/2644-5514.2017.3.23936

Abstract: This article examines the measures taken by the private sector and state enterprises that assist impeding the human trafficking, thereby reducing the income of human traffickers, and in the long view, contribute into elimination from such business. Particular attention is paid to the advantages received in case of adopting the obligations by the enterprises for upholding human rights, or contrariwise, manifestation of intolerance with regards to specific violations of human rights, primarily through consolidation in the countries’ codes of the minimal standards for regulating the working conditions in their businesses and the suppliers. The subject of this article lies in examination of the question of relevancy of formulation of the universal international standards for upholding the human rights in entrepreneurship activity and UN regulatory principles concerning business activity in the aspect of human rights. The relevance of the topic at hand is substantiated by the fact that prohibition of using the compulsory labor is one of the basic labor rights, the obligatory adherence to which is determined by the fundamental conventions of the International Labor Organization, and serve as starting point for the development of many codes of business behavior. The main methods of this scientific article is the examination, generalization, and analysis of possibility and legitimacy of the use of mechanisms of the state private partnership with regards to preventing the crimes associated with human trafficking. The scientific novelty consists in the examples of constructive measures that contribute into suppression of such practice or violation of human rights. Human trafficking emerges in the usual business practice alongside criminal business, and is not limited by such industries as entertainment or hotel business.
Korzhenyak A.M. - Prevention of armament race in outer space: the questions of biosafety and countering WMD terrorism pp. 71-81

DOI:
10.25136/2644-5514.2021.4.36573

Abstract: This article comprehensively analyzes the legal mechanisms for preventing the armament race in outer space, as well as international legal issues of ensuring biosafety. The author examines the Russian initiative in counteracting chemical and biological terrorism, which is the most promising instrument for overcoming the gaps in international law. Recommendations are made on strengthening the modern system of international agreements in area of international humanitarian law and law of international security. The object of this research is the relations between the actors of international law in the sphere of biosafety, countering chemical and biological terrorism, and prevention of the armament race in outer space. Methodological framework is comprised of the formal-legal, system-functional, normative-dogmatic, and analytical methods. The conclusion is made that due to the absence of prohibiting provisions in the existing norms of international law, the weapons that do not fall under the category of weapon of mass destruction, may theoretically appear and be applied in outer space, which would undermine the strategic stability, pose a real threat to the international peace and security, and as well as cause a “mirror” response from other key players in outer space. There is currently no alternative to the China-Russia PAROS treaty (Treaty on the Prevention of the Placement of Weapons in Outer Space). With regards to the questions of biosafety, the participant countries of the Biological Weapons Convention must continue to advocate for the adoption of a Protocol to the Convention with the effective mechanism of verification , which is blocked by the United States, and resist the proposals of the United States to create politically motivated and subjective mechanisms that would bypass the procedures of the Biological Weapons Convention.
Khusyainov T.M., Dudar A. - The basic principles of protection of pet animals in accordance with Convention of the Council of Europe pp. 102-111

DOI:
10.7256/2306-9899.2015.3.13894

Abstract: This article examines the problematics of the legal position of pet animals as a special category of the objects of law. The subject of this research is the Convention of the Council of Europe for the Protection of Pet Animals. Despite the spread of humanistic principles and ideology of care for the nature, there is currently an insufficient amount of effort given to the problem of the category of pet animals. Within the framework of this research the author discusses the positions that substantiate the specificity and significance of this area within the modern legal system. The authors conduct a theoretical analysis of the legal sources of European Law, as well as Russian and foreign scientific literature. This work presents the key positions of the legal regulation of handling pet animals in accordance with the “European Convention for the Protection of Pet Animals” passed by the Council of Europe. The authors note that the pet category possesses special qualities in comparison to others. This area is falls under a special legislation, which still remains at the stage of development in the Russian Federation.
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