International Law and International Organizations - rubric INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW

Abstract: The state implements government by various means, and criminal law is one of these means. The state defi nes the protected values and social and legal interests, which are worth by protection by criminal law. Both international and national law may be used for this purpose. The problem of formation of effi cient international criminal law is due to the fact that there is no unifi ed approach to the matter of which values and interests should be so protected. German theory of social values protected by criminal law has to deal with these diffi culties, and it may do so only by establishing the social value of value, the need for its protection and control by the state. The article includes detailed analysis of these theoretical problems of formation of the effi cient international criminal law, analyzes the conclusions based on German and Russian legislation, as well as based on position of the USA.

Keywords: criminal law, international law, Rome Statute, protected values, supranational law, comparative law, means of waging war, aggression, terrorism, environment, mercenary.

Abstract: The article is devoted to the key approaches to the terms “war”, “law of armed confl icts”, “international humanitarian law”. The author provides the grounds for the term “law of armed confl icts”, studies illegal nature of the doctrine of military necessity, provides the sources of law of armed confl ict.

Keywords: international law, international law of armed confl icts, international humanitarian law, conventions, international relations, sources, principles, victims of war, war, military necessity

Abstract: Issuing of national legislation on compensation of nuclear harm and on nuclear insurance in accordance with international conventions on civil law responsibility for nuclear harm, shall allow Russia to join the existing international legal regime in this sphere, and therefore to gain the prerequisites for its introduction into the international nuclear market.

Keywords: international law, Euratom, nuclear energy, the EU, nuclear harm, criminal responsibility, civil law responsibility, Vienna Convention, environment, radiation security

Abstract: The author offers a new name for a branch of international law – international law-enforcement law, defi nes this branch, establishes its structure and contents. The novelty of the author is the structure of this branch as a complete system, including such components as international criminal law, international criminal procedural law, international penal law, international administrative law in part regarding law-enforcement, and other institutions of international law in the sphere of fi ghting crimes and other offences.

Keywords: international law, international lawenforcement law, law-enforcement bodies, science of international law, branch of international law, fi ghting crimes, crimes of international character, international courts and tribunals, international standards, international organizations

Abstract: The article is devoted to the renewed European Social Charter, as adopted by the Council of Europe in 1996, and ratifi ed by the Russian parliament in May 2009.

Keywords: international law, the European Social Charter, the social rights of people, economic rights of people, social and economic guarantees of right of people, control mechanism of the ESC, protection of human rights, ratifi cation by the Russian parliament of the ESC, social standards of the Council of Europe, social policy of the Russian Federation.

Abstract: About 200 regimes strive to obtain the status of a sovereign state. Their inner structure responds to the criteria of that of a state. Anyway they are not recognized as such. The right of peoples to self-determination does not presume the right to the territorial separation. International law forbids the use of force either by such regimes or by other states against them.

Keywords: Nepriznannye gosudarstva, priznanie, pravo na samoopredelenie, primenenie sily, pravo na otdelenie, raschlenenie territorii gosudarstva

Abstract: The article is devoted to theoretical and practical aspects of the membership of the permanently neutral states in the EU and the UN. The article mostly is concerned with the UN Charter and the EU Treaty in respect of correlation of the membership of permanently neutral states and the status of permanent neutrality. Based on this analysis, the author offers solution for the uncovered problems, related to this sphere.

Keywords: Mezhdunarodnoe pravo, neitralitet, postoyannyi neitralitet, chlenstvo, OON, ES, sanktsii, Ustav OON, Dogovor o ES

Abstract: In spite of the fact that soil is one of the most valuable natural resources, the world economy pays less attention to its protection, than for example to protection of water or air. The article deals with the major problems related to international cooperation in the sphere of soil protection, as well as to analysis of key legal acts in this sphere and of practice of various international organizations.

Keywords: International law, soil, land, pollution, degradation, desertification, erosion, the UN Convention, the conference

Abstract: The article is devoted to the topical issues regarding key directions of the international policy in the sphere of forest protection. The author analyzes the key normative legal acts, various international organizations in the sphere in question.

Keywords: Mezhdunarodnoe pravo, Mezhdunarodnoe pravo, Ekologicheskoe pravo, okhrana lesov, mezhdunarodnye organizatsii, OON, Komissiya OON po ustoichivomu razvitiyu, Mezhdunarodnyi god lesov, Vsemirnyi lesnoi kongress, Ekologicheskaya programma OON

Abstract: The article is devoted to the key problems, related to the policy of the Italian Republic towards waste and means of their solution. The author also studies the chronology of normative legal acts in this sphere and legal regulation on particular types of waste

Keywords: international law, ecological law, EU, Italy, waste, medicinal waste, polyethylene waste, classification of waste, types of waste, definition of waste

Abstract: The article is devoted to analysis of the 14th Protocol to the European Convention on Human Rights, which would allow to reform the judicial procedure of ECHR. The author also shows the position of the Russian Federation on this issue, given the ratification of this document by the Russian Parliament

Keywords: international law, ECHR, European Court on Human Rights, Protocol n. 14, ratification, European law, Russian Federation, international judicial process, judicial means, judicial hearings

DOI: 10.7256/2454-0633.2018.1.24296

Abstract: The subject of this research is the activity of the World Meteorological Organization in the area of forecasting the hazardous natural occurrences, and preparation of the states and people to their potential consequences and decrease. The author examines the development of this vector in terms of the World Meteorological Organization and the existing problems of effectiveness. The article analyzes the diverse programs of the Organization aimed at prevention of the hazardous natural occurrences and the disasters caused by them. The author explores the peculiarities of functioning of the Global Framework for Climate Services and the experienced issues in the process of its establishment. Attention is given to the activity of the World Meteorological Organization specifically in the area of prevention of disasters, which is rarely an object of research for scientific publications regarding this international institution. The conducted analysis allowed giving an accurate characteristic to the work of the World Meteorological Organization and its collaboration with the member-states in the field of forecasting of hazardous natural occurrences. The current issues and prospects of the acting international system are determined.

Keywords: forecasting of disasters, natural hazards, international cooperation, disaster reduction, Global Framework for Climate Services , World Meteorological Organization, research activity of WMO, international organization, risk of disaster, reduction of the risk of disaster

DOI: 10.7256/2454-0633.2019.2.29970

Abstract: The recognition of public-private partnership as one of the methods for achieving sustainable development goals shifted its regulation to the category of common interests of the states. The subject of this research is the institutional form of international cooperation in the area of public-private partnership, characterized by involvement of multiple international organizations that have regulatory effect upon the relations in this sphere. The results of such impact are quite significant, but at the same time lower than real capacity. Critical assessment along with analysis of the trends and limitations in exercising of regulatory function of international organizations in the area of public-private partnership appear relevant. Application of the methods of comparative analysis, as well as document and social networks analysis, allow forming the conceptual basis for determining the role of international organizations in regulating public-private partnership, problems of their interaction and prospect of future international cooperation in this sphere. The key role of international organizations in the area of public-private partnership consists in influencing the national peacebuilding processes of the states in the area of public-private partnership by unification and harmonization of corresponding legislation and facilitating the process of creating the customary rules of international law in the sphere of public-private partnership. It also implies in transformation of the concept of public-private partnership. The results of regulatory effect of international organizations with regards to public-private partnership are not necessarily identical, as the functions of international organizations on regulating public-private partnership have its limitations, substantiated either by the objective factors of the development of international cooperation in the area of public-private partnership, or mostly by the provisions of constitutive acts of these organizations. The method of overcoming such issues can become the transformation of regulatory function of international organizations and modification of the instruments for its implementation or creation of new ones.

Keywords: regulatory impact, means of achievement, sustainable development goals, international standards, international regulation, public-private partnerships, international organizations, regulatory function, jurisdictional competence, interaction of international organizations

DOI: 10.7256/2454-0633.2024.2.70608

Abstract: The subject of the study is international legal norms, documents of international organizations (of a recommendatory and binding nature), as well as acts of domestic law establishing guarantees for ensuring the human right to health and the right to use the results of scientific progress, as well as forming international legal mechanisms for the protection of intellectual property and technology transfer. The object of the study is public relations arising from the interaction of various subjects of international relations in the framework of countering emergencies in the field of health protection and ensuring equitable access to healthcare technologies in all regions of the world, regardless of the level of development of the pharmaceutical industry. The purpose of the study is to develop proposals for the introduction of international legal means aimed at ensuring the human right to health in the framework of achieving a balance of public and private legal guarantees of access to healthcare technologies. The research methodology is based on general scientific methods of cognition, including formal logical and situational, and private legal methods such as comparative-legal, historical-legal and formal-legal. The past decades have been accompanied by rapid rates of emergency situations in the field of public health, which have demonstrated systemic problems in the organization of medical care in each State, as well as revealing imperfections in international legal regulation of the field of health protection. Healthcare technologies, which determine the effectiveness of countering any large-scale threat of an infectious and non-infectious nature, in the vast majority of cases are developed by non-State actors, the main purpose of whose activities is legitimately to make a profit. At the same time, the obligation to ensure the right to the highest attainable standard of health and access to health technologies rests with the State, which forms stable barriers to ensuring a balance of public and private legal guarantees in the field of health protection. The paper presents a list of the main problems of international legal response to emergencies of international importance. The article consistently reveals the main international legal means of ensuring the transfer of healthcare technologies. The authors have formulated a number of practical recommendations aimed at expanding access to healthcare technologies.

Keywords: scientific progress results, technology transfer, health emergencies, right to health, TNC, health technology, pandemics, security threats, intellectual property, vaccines

DOI: 10.7256/2454-0633.2014.1.11411

DOI: 10.7256/2454-0633.2015.1.11868

Abstract: The article is devoted to the history of formation and development of the International Organization of Space Communications “Intersputnik”. The author analyzes its international legal status, and shows the key directions of its activities.

Keywords: international law, international space law, the IOSC “Intersputnik”, competence, international non-governmental organizations, international cooperation, space communications.

Abstract: The article is devoted to the analysis of the system of conventional bodies, as established by the universal treaties on protection of human rights. Having studied their activities, the author singles out the problems of these systems, which diminish the effi ciency of protection of human rights at the international level. In the author’s point of view such problems include the states ignoring their obligations on periodic reporting, doubling, contradictions in the work of the committees, lengthy procedures for the review of claims and complaints, etc. Trying to solve these various problems, the conventional bodies develop some measures, including early prevention and immediate action, they pass general resolutions, provide the states with the specifi c prescriptions on the ways to restore the violated rights of claimants, they fi ght the overbroad exceptions to the conventions, involve into their work various law-protecting organizations. However, the author considers these measures insuffi cient Having studied the proposition of the High Commissioner of the UN on Human Rights, the author formulates the alternative proposal for the enhancement of the effi ciency of this system.

Keywords: international law, rights, human, committees, conventional, bodies, reform, reports, problems, protection.

Abstract: The article includes analysis of the perspectives of codifi cation of the international space law in the light of the tendencies of development in this sphere. The author studies two possible legal forms of codifi cation, that is the United Space Convention and the Code of Conduct. Then the author shows positive and negative features of each of these, and she comes to a conclusion that the states are ready to view the issue of development and ratifi cation of an uniform international legal act in the nearest future.

Keywords: international law, space, the Convention, the Code, codifi cation, cooperation, the UN, law, form, universal.

Abstract: The article is devoted to justification the international legal approach to problem of tension between international information rights and copyright, especially in respect to the Internet. Author analyses the single cases when IPR’s, mainly author’s and neighboring rights, build the numerous troubles for realization such international human rights as right to freedom of expression and information. Much attention is paid to a new trends in doctrine of intellectual property that is inspired the process of digitization. In introduced investigation there are proved the limited possibility of consideration copyright as human right. The key role in elaborating and adopting principle standards in this sphere belong to international law, including international human rights law. Simultaneously, the latter must corresponds to international law of IP, international information law, and international competition law.

Keywords: international law, information, author, globalization, cooperation, limitations, Internet, control, freedom, interests.

DOI: 10.7256/2454-0633.2014.1.64074

Abstract: The discussions on the role of Internet, its global functioning and formation of the models for its trans-border use, the issue of who controls and manages the Internet is key. This article contains analysis of problems of Internet management in relation to the functioning of the multidimensional model of Internet management within the context of cyber-security problems. In the opinion of the author the cyber-security may not be viewed outside the context of Internet management in general and formation of the model for the Internet management in particular, since a different approach to understanding cyber-security may lead at least to polycentrism and fragmenting of the Internet within the frameworks of national jurisdiction of the states, and it may destroy the global networks, becoming an obstacle in the trans-border functioning of the Internet, as well as to the domination of state in the multi-stakeholder model of Internet management. The article also analyzes the Tallinn Manual on the International Law Applicable to Cyber Warfare of 2014, discussing the issues of role and value of modern international law.

Keywords: Internet, management, international cooperation, cyber-security, global network, cyber-warfare, international law, cyber-space, multi-stakeholderism, self-regulation.

DOI: 10.7256/2454-0633.2015.1.65946

Abstract: The category domaine reserve, or "domestic jurisdiction", appeared as a means of restricting the right of international organizations or individual States to interfere in the decisions, or the consequences of decisions, taken by a State. The principle of State sovereignty is increasingly realized as a condition essential for the establishment of effective law and order in the world: More and more often the norms of international law are realized at the national level. One of the examples of this is the sphere of economic interests of States. A State takes a decision and international law fi xes this fact, or the decision is taken at an international level and then the State fulfi lls the norm of international law in its internal system in accordance with its own obligations.

Keywords: domaine reserve, principle, State sovereignty, effective law, norms, international law, internal system, domestic jurisdiction, national level, international level.

DOI: 10.7256/2454-0633.2013.2.8808

DOI: 10.7256/2454-0633.2018.1.25420

Abstract: This article examines the key directions in the work of the International Criminal Police Organization (Interpol) in the area of counteracting the illegal trafficking of medical products. Special attention is given to the increased social danger of the indicated type of crime, as well as the need for development of the active international cooperation in the area of counteraction to such social phenomenon, which in the author’s opinion implies the interaction of the states in terms of international police organizations. The author underlines the substantial role of Interpol in joint activity of the states aimed at overcoming the current global health crisis. The following conclusions are made: 1) the transnational character of pharmaceutical crime and its scale justify the need for development of the active intergovernmental cooperation on this matter, which most efficient form lies in international police collaboration with the key role of Interpol; 2) based on the analysis of statistical data with regards to falsification of medical products confiscated in the course of such operations, the author notes that the main objects of falsification is the most popular and frequently purchased medications, as well as the priciest medical supplies necessary for life sustaining purposes.

Keywords: international cooperation, pharmaceutical crime, illicit trafficking, counterfeit drugs, INTERPOL, international police organizations, international law, law enforcement operations, Pangea, medical products

Abstract: The international economic order varied at various historical periods. The author analyses the reasons for which it became necessary to change the old economic order and to form an idea of new international economic order based on some decisions of the General Assembly of the UN, as well as the factors for the revision. The author analyzes the problems with defi ning the “international economic security” as its part, the problem of the group of its principles, which are formed in the basic documents. The author discusses the concepts of “common heritage of humanity” and “sustainable development” and their infl uence on the formation of the modern international economic order.

Keywords: international law, new international economic order, international economic security, common heritage of the humanity, concept of sustainable development, principles of international economic law, the Declaration on New International Economic Order, the Charter of Economic Rights and Obligations of the States, revision of the new international economic order, the Program for the formation of new international economic order.

DOI: 10.7256/2454-0633.2022.4.38947

Abstract: The subject of the work is the norms of international law regulating the protection of the marine environment from plastic pollution. The purpose of the work is to analyze the existing international legal regulation in the field of protection of the oceans from plastic pollution and to develop recommendations aimed at improving the level of protection of the marine environment. In the process of preparing the work, various methods, means of cognition and logical techniques were used, such as analysis, synthesis, deduction, induction, etc. Currently, plastic pollution is one of the main threats to the oceans, every year a huge amount of plastic debris from various sources located both directly in the marine environment and on land enters the marine environment. Plastic pollution is detected even in the most remote corners of the planet, while the level of pollution in them is comparable to industrially developed areas. High concentrations of microplastics are found even in the Arctic sea ice, while it is at least two orders of magnitude higher than in the heavily polluted surface waters of the Pacific Ocean. These facts speak both about the urgent need to develop legal protection of the marine environment from pollution, and about the high degree of relevance of the research topic, its practical and scientific significance. The conducted research allowed us to come to a number of conclusions and proposals of a practical and theoretical nature. Among them is a proposal on the need to include in Annex 1 to the International Convention on the Control of Harmful Antifouling Systems on Ships those antifouling systems that are a source of microplastics entering the marine environment. Among other things, based on the data on plastic pollution of the world's oceans, it is concluded that the current system of legal protection of the marine environment from pollution does not cope with this problem.

Keywords: marine environment protection, environmental protection, biodiversity, microplastics, plastic garbage, World Ocean, international law, marine pollution, plastic pollution, sustainable development

DOI: 10.7256/2454-0633.2023.2.40041

Abstract: The subject of this study is the legal and organizational issues of Russia's participation in the World Trade Organization (WTO). The analysis is conducted in the context of trade in agricultural products. The purpose of this article is to create an argumentative point supporting the view that Russia should continue being a member of the WTO. The methodology of the research is represented by general scientific methods, special scientific methods and methods of argumentation. The analysis considers the legal possibility of termination of membership in the WTO, the main misconceptions of supporters for withdrawal, the alleged consequences of withdrawal, as well as recommendations for further participation in the Organization. The issues examined in this study are of current interest in view of the increasing pressure of the supporters for withdrawal from the WTO in the context of the global economic and geopolitical challenges Russia is facing. Scientific novelty of the article is in the complex argumentation of the overall positive effect of Russia's participation in the WTO for international trade in agricultural products. The conclusions of the study underline the impossibility of Russia’s suspension or expulsion from the Organization, as well as the need for Russia to continue its membership and to build trade relations with foreign partners under the WTO rules.

Keywords: Russia in the WTO, trade policy, international organization, membership termination, agriculture, international trade, WTO law, globalization, liberalization, protectionism

DOI: 10.7256/2454-0633.2015.1.65947

Abstract: This article reviews the problems associated with development of the UN norms that address the issues of forming a citizenship institution in its modern concept. It examines the questions of correlation between the universal norms of UN and the national legislation of countries in the area of regulating a person’s right to citizenship and all its aspects. The author notes that the international conventions carry a more or less recommending character in this regard. Various conventions developed within UN and pertaining to the status of the citizens, foreigners, and stateless persons are being analyzed. The method of studying the correlation of the norms of international conventions in the area of human rights and national law allows conducting a complex review of the problems of collaboration of the two branches of law. As a conclusion, the author asserts the significance of not only particular UN conventions in the sphere of the citizenship institution, but also the entirety of the international legal documents of this universal organization in the area of human rights.

Keywords: State, population, citizenship, choice of citizenship, freedom, security, regionalism, cooperation, equality.

DOI: 10.7256/2454-0633.2018.1.25596

Abstract: The subject of this research is the debatable question regarding the role of recommendations of the Commission on the Limits of the Continental Shelf in delimitation of marine spaces. The specificity of continental shelf lies in the fact that in delineation of its boundaries (beyond the 200-mile distance of the initial lines) is involved the established in accordance with the UN Convention on the Law of the Sea of 1982 – the Commission. The work of the Commission, concerning the demarcation of shelf from the area, does not cause damage to delimitation of shelf between the neighboring states; however, assigning a special status to the boundaries of the shelf alongside the complexity of regulations of the Convention encourage many authors to determine the possible differences between delimitation within the 200 of sea miles and beyond. The problem becomes more relevant due to the constantly emerging conflict of claims of the neighboring states upon the same parts of the shelf beyond the 200-mile limit. The materials for this research contain the regulations of the Convention, practice of international courts and arbitrations, works of the Russian and foreign scholars. The research demonstrated that the regulations of 1982 Convention ensure the apartness of the process of demarcation and delimitation of the shelf, as well as the lack of temporal relationship between them; the disputing parties on delimitation should not await for the Commission’s recommendations in order to proceed with its settlement. The decision of the International Tribunal for the Law of the Sea contributed to the clarification of multiple contradictory moments; although some questions on demarcation beyond the 200-mile distance and the role of Commission remain disputable. The judicial and arbitration practice along with the agreement-based activity of the littoral states will encourage filling of the remaining “gaps”.

Keywords: delineation of the continental shelf, maritime delimitation, delimitation of the continental shelf, the legal regime of the continental shelf, UNCLOS, the limits of the continental shelf, the settlement of maritime disputes, law of the sea, maritime boundaries, public international law

DOI: 10.7256/2454-0633.2019.4.31805

Abstract: The subject of this research is the international legal and program-strategic framework of activity of the Global Environment Facility (GEF) in promoting the international transfer of climate technologies through the support of projects and programs in the context of global climate regime. Attention is focused on the description of the activity of GEF as operating entity of financial mechanism in United Nations Framework Convention on Climate Change that facilitates execution of the international legal obligations on technologies transfer enshrined therein. Attention is paid to characteristics of the acts of “soft” international law, as well as the role of program and strategic instruments that specify the vector of this field of activity of GEF. The conclusion is made that the existing ramified regulatory base allows the Global Environment Facility to promote the transfer of climate technologies and increase its efficiency. The author is first within the national literature to systematically describe the scale of the activity of GEF in the area of international transfer of climate technologies and its regulatory framework. The novelty consists in revealing the comprehensive nature of such facilitation, which consists in combination of financial and technical support.

Keywords: financing, Technology mechanism, developing countries, technology transfer, climate change, sustainable development, Global Environment Facility, Conference of Parties, adaptation, international climate law

Abstract: This article is devoted to the activities against piracy of the International Maritime Organization, the International Criminal Court, the NATO, and the UN. The author studies the issues of bilateral and multilateral cooperation among the states, which is meant for fi ghting piracy outside the organizational structures of the international law. The article also includes analysis of the most recent legal acts of international law regarding maritime piracy, as well as some related issues (such as drug traffi cking).

Keywords: jurisprudence, security, navigation, ocean, cooperation, criminalization, searching, hostage, prosecution.

Abstract: This paper is devoted to one of the vital issues, which are raised among academicians, that is, to the expanding groups which are protected by the Convention on the Prevention and Punishment of the Crime of Genocide» (the Genocide Convention) and their identifi cation after the crime committed. The issue of expanding the groups which are protected by the genocide convention had emerged long ago. Furthermore, this issue has retained its practical character for a long period of time, since many states in their domestic laws started to distort the Genocide Convention. These actions have resulted into considerable confusion and in many cases it involves the issues of justice. As to the identifi cation of victims, the author reviews practical approaches, as applied by ICTR (International Criminal Tribunal for Rwanda) and ICTY (International Tribunal for former Yugoslavia). These approaches have been harshly criticized by the academic community. The paper provides a defi nition for the every protected group, due to the gap in the Genocide Convention since the Convention does not defi ne specifi c groups.

Keywords: genocide, protected groups, Convention on the Prevention and Punishment of the Crime of Genocide, victim identifi cation.

DOI: 10.7256/2454-0633.2018.4.27597

Abstract: The concept of climate protection was created upon the initiative of environmental scholars and legal experts of multiple countries, supported by the forward-minded politicians, introduced to public consciousness, implemented in the extensive legislative acts of the international environmental law, by the governments and public associations. The consequences of climate change are evident for the planet. However, the opposition of climate protection refuse to discharge their obligations on reducing the emissions of greenhouse gas and other harmful substance into the atmosphere, which cumulatively lead to the global warming effect, formation of ozone holes and other negative aftermath for the environment and peoples’ health. Besides the analysis of regulations of the Paris Agreements, the authors examine the core international legislative acts that served as a prerequisite for its adoption; explore the mechanism for implementation of Paris Agreement in the decisions passed in the 22nd and 23rd UN Climate Conferences, political views of separate countries, and legal regulation of this question in the Russian legislation. The Russian foreign policy concept stipulates the provision of environmental security and counteraction of climate change through formulation of the scientifically substantiated approaches towards preservation of favorable environment and expansion of cooperation with all countries for meeting the demands of the current and future generations. It is noted that despite the implemented measures on preventing the possible and resolving the already existing environmental-legal conflicts between the states, regions, environmental aspects and businesses that emerge in the area of climate protection, there is a possibility of aggravation of relations between the parties with regards to reducing the emissions of greenhouse gases.

Keywords: environmental safety, international cooperation, greenhouse gases, climate, global warming, environmental protection, environmental law, The Paris Protocol, emissions, policy

DOI: 10.7256/2454-0633.2022.2.27165

Abstract: The object of the study is topical issues of the impact of international information security on the exercise of the right of ethnicities to self-determination. The subject of the research is the state of legal support of information security at the international level, the concept of international information security, the relationship between the right of peoples to self-determination and the principle of territorial integrity of states. The author considers such issues as the prohibition of military operations or repressive measures directed against dependent peoples. Particular attention is paid to the impact of international information security on the exercise of the right of peoples to self-determination in Russia. The methodological basis of the study is the dialectical method of scientific knowledge. The author also used general scientific methods of systemic, structural and functional analysis and special research methods: comparative legal, formal logical. States must refrain from any actions in the information sphere that are aimed at partial or complete violation of the national unity and territorial integrity of any other countries. Insufficient political, economic and social preparedness or insufficient education should never be used as a pretext for achieving independence. Any hostilities or repressive measures of whatever nature directed against dependent peoples must be stopped in order to enable them to exercise in peace and freedom their right to full independence, and the integrity of their territories must be respected.

Keywords: International, information, security, garantee, right, peoples, self-determination, prohibition, hostilities, the Internet

DOI: 10.7256/2454-0633.2017.4.25118

Abstract: This article analyzes the provisions of the Framework Convention for the Protection of the Marine Environment of the Caspian Sea of 2003 and additional protocols regarding the information exchange between the contracting parties, as well as about the ensuring public access to information on the status of marine environment of the Caspian. Particularly, the author examines the principles of accessibility of information pertinent to the pollution of marine environment of the Caspian Sea, consolidated in the Convention. Special attention is given to the principle of public participation reflected in the Convention along with the Rio Declaration of 1992 and Aarhus Convention of 1998. The author also reviews the national strategies of public participation. The conclusion is made that based on the provisions of the Convention and its additional protocols pertinent to the exchange of information, follows that the contracting parties provide to each other not only the information on the pollution of the marine environment of the Caspian Sea, but also the emergency situations and other data necessary for cooperation of the parties for the purpose of protection, preservation, and restoration of the marine environment. The involvement of public into resolving the environmental issues in terms of the Convention will allow increasing the information awareness of society, strengthen its role in control over the Caspian environment, and overall, encourage the efficiency of the adopted decisions.

Keywords: International relations, Multilateral diplomacy, International law, Caspian Sea, Environment, Public participation, Environmental security, Information exchange, Ecological information, Tehran Convention

DOI: 10.7256/2454-0633.2020.3.33961

Abstract: Legal science faces the urgent task of researching existing legal forms and models of international scientific and technical cooperation (ISTC) on the creation and use of global research infrastructure (GII) in the nuclear field, identifying their advantages and disadvantages, possibilities of application and adaptation to projects of the "megasience" class in Russia. The key factors for determining the legal aspects of the creation and use of GII are two factors: the organizational and legal formalization (the establishment of a separate independent entity or the use of existing "umbrella" legal structures) and what legal tools are used, what law is subordinate to the activity. В В В В В В В The organizational and legal model of the ISTC, both using existing international intergovernmental organizations of the framework type or legal entities, and by establishing special entities, can be schematically represented in the form of a four-level system. The advantage of using umbrella-type models in the nuclear field is the readiness of most of its tools and mechanisms, which only require adaptation to specific projects, and the possibility of implementing a significant number of projects. If it is necessary to ensure a clear equity participation of partners, financial obligations and a management structure dependent on them, then the appropriate form is the creation of a special project-type entity. Based on the "legal environment", the use of MMPO implies certain immunities and privileges, exemptions from the jurisdiction of the host State, etc. It is also important in modern conditions that it is more difficult to subject MMPO to politically motivated unilateral restrictive measures ("sanctions"). But the use of the construction of a legal entity can provide greater efficiency, flexibility and managerial cheapness of the process, especially since exceptions from national law can also be provided for them.The most successful seems to be the development of a special organizational and legal form mentioned in the draft federal law "On Scientific, Scientific, technical and innovative activities in the Russian Federation" - an international research organization.

Keywords: international research organization, research infrastructure consortia, installations of the Megasience class, global research infrastructure, international cooperation, institutional model, scientific and technical cooperation, nuclear research, JINR, CERN

DOI: 10.7256/2454-0633.2022.4.39139

Abstract: The article discusses the risks that arise for the environment during the production and transportation of hydrocarbons. Irreparable damage to the environment is caused as a result of accidents on ships and oil platforms, the consequences of which have been felt for many decades, while the greatest harm is caused by accidents occurring in high latitudes. These include: pollution of the water area following an emergency oil spill, the likelihood of a fire or explosion both on board during transportation and in the port at terminals. Emergency situations may arise as a result of exposure to hard weather conditions, technical malfunctions of the vessel, collision with other vessels, pirate attacks, etc. The article analyzes the provisions of international acts of the greatest interest in the field of protection of the marine environment from hydrocarbon pollution, such as the United Nations Convention on the Law of the Sea (UNCLOS) of 1982, the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), the International Convention for the Safety of Human Life at Sea (SOLAS 74/88), "International Code for Ships Operating in Polar Waters (Polar Code)". Proposals have been formulated to improve international and national regulation regarding the legal protection of the marine environment from oil pollution. Thus, it seems expedient to minimize the risks of emergency situations to think about combining the relevant provisions of all conventions into a single document, while eliminating gaps in both international regulation and national legislation in the field of marine transportation of hydrocarbons, to pay increased attention to environmental safety issues.

Keywords: environmental protection, oil, Northern Sea Route, marine environment, liquefied natural gas, transportation, Convention, legal regulation, pollution, oil slick

DOI: 10.7256/2454-0633.2024.1.69804

Abstract: The subject of the study is the role of the UN Security Council in the international system of countering money laundering and terrorist financing. The author pays special attention to the historical component, identifying the reasons for the transformation of the UN approach to money laundering and terrorist financing and tracing the link between the globalization of terrorist acts and the development of counteraction by the UN Security Council. The main functions of the Counter-Terrorism Committee (CTC of the UN Security Council) and the Executive Directorate (CTED of the UN Security Council) are outlined. The article reveals the role of a number of UN Security Council documents as a systemically significant source of law in the context of the international system for countering money laundering and terrorist financing, as well as individual problems faced by states implementing the norms of resolutions into their national legislation. The methodological basis of the study was a combination of general scientific (logical method and analysis) and private scientific methods (comparative legal, historical legal, historical and sociological). The article systematically details the development of the UN Security Council's approach to the problem of money laundering and terrorist financing. Through careful consideration of individual provisions of the resolutions, the role of this UN Security Council and its bodies in developing measures and countering ML/FT is being specified. Based on the results of the study, the author concludes that the UN Security Council has played a systemically significant role in the formation of an international system for countering money laundering and terrorist financing, consolidating a number of advanced international standards developed by international organizations, para-organizations and other institutions. In addition, the author clarifies that it is thanks to the UN Security Council that it is possible to further "solidify" the FATF Recommendations and their full implementation into the international legal system.

Keywords: Counter-Terrorism Committee, soft law, international standards, international recommendations, money laundering, terrorism financing, Executive Directorate, UN Security Council, FATF, AML CFT

Abstract: The problems of human being traffi cking are among the priorities of international and national legal studies, as well as in the activities of international organizations. In this article the author offers some approaches to this problem from the point of view of formation of the principle of protection of individuals from forced situations in the international law, of clarifi cation of the contents of international legal treaties in this sphere and of perspectives of implementation of the mechanisms of protection of the risk groups, such as illegal migrants, children, women.

Keywords: international law, human beings traffi c, migration, forced situation, international legal treaties, specialized institutions, the UN, exploitation, armed confl ict, basic rights and freedoms, international mechanisms, guarantees of human rights.

Abstract: This article is devoted to the international legal protection of environment in the Northern European States: Sweden, Norway and Finland. The author gives special attention to the basic international convention in this sphere, that is – the Convention on the Environmental Protection in the Northern States of 1974. The author also studies the role of supranational structures and instruments in the protection of environment in the Scandinavian states. He also pays attention to the instruments for the international legal protection of environment, which apply not only to the Scandinavian states, but to the third party states, and to the issues of influence of the European law on the international legal protection of environment in the Northern European states.

Keywords: international law, European law, environment, Scandinavian states, national law, supranational structures, convention law, environmental law, international treaties, secondary law.

DOI: 10.7256/2454-0633.2015.1.65948

Abstract: This article reviews the question of the international legal status of the Caspian Sea, which is fi rst and foremost the question of the ownership of the waters and the resources within. In addition to everything else, it is the question of national security of each of the Caspian states. It is the reason why the discussion of this topic has endured for more than a century. But if before the last word belonged to the power, today the highest signifi cance lies in the economic gain. The international legal status of the Caspian Sea became the key aspect of the foreign policy of the Caspian fi ve for over 20 years. The littoral states currently put forth all possible efforts in order to resolve this drawn out problem. Despite that this agreement has been proposed as a multilateral agreement and as a declaration, but ultimately remained as a convention on the defi nition of the international legal status. The main purpose was: to delimit sea borders, rights and responsibilities of the littoral states and therefore, divide the reach mineral deposits of the Caspian Sea. The author came to the conclusion that as it currently stands the question of the project of an agreement on the international legal status of the Caspian Sea is yet to be resolved. Acceptance of the Convention is expected to take place during the fi fth summit of the heads of the Caspian states, which is planned to be held in Kazakhstan. Thus multilateral document will fi nally solve the age old question: is the Caspian a sea or a lake?!

Keywords: Caspian Sea, Convention, legal status, project, summit, Russia, Azerbaijan, Kazakhstan, Turkmenistan, territory.

DOI: 10.7256/2454-0633.2018.3.27041

Abstract: Antarctic is a region with the distinct legal regime. A number of countries claim the territorial sovereignty in Antarctic that also suggests the rights to continental shelf; however, these pretenses have been “frozen” within the framework of the Antarctic Treaty of 1959, which denies any grounds for claiming or maintaining pretenses for territorial sovereignty in Antarctic. The new pretenses or expansion of the existing ones are not declared. According to the United Nations Convention on the Law of the Sea (1982), the countries that intended to set the limits of the shelf beyond 200 miles, must submit a request to the Commission on the Limits of Continental Shelf to receive recommendations. The subject of this research is whether or not the regulations of the Treaty of 1959 will impede the submission of requests to the Commission regarding the Antarctic shelf, considering such requests by the Commission, as well as the possible legal consequences. The states claiming sovereignty in Antarctic adhere to several basic strategies that ensure their geopolitical interests, but do not violate the Treaty of 1959. At the same time, from the author’s perspective, the consideration of such request by the Commission will contradicts the international legal regime of Antarctic and the internal documents of the Commission. Therefore, it is currently impossible to set the “external limits of continental shelf of the littoral stat” according to the Article 79 of the Convention of 1982 in Antarctic. The balance of rights and obligations, in accordance of the Antarctic Treaty, should not and cannot be affected by the activity of the Commission in any case.

Keywords: treaty interpretation, the legal regime of the continental shelf, maritime delimitation, law of the sea, maritime boundaries, delineation of the continental shelf, the limits of the continental shelf, continental shel, the Antarctic treaty, antarctic continental shelf

DOI: 10.7256/2454-0633.2018.4.27869

Abstract: The subject of this research is the problems of legal support of the activity of Collective Rapid Reaction Force of the Collective Security Treaty Organization, which the author defines as the internal contradiction and discord of the current normative base in the area of collective security of the organization. These include the imperfections of the conceptual-categorical apparatus, disruption in logic of structuring legal framework, terminological substitution, tautology, administrative anachronism, and a number of others. The goal of this work lies in substantiation of suggestions and recommendations aimed at improvement of mechanism of legal regulation of the collective security system in the format of Collective Security Treaty Organization. The scientific novelty of the publication consists in the original proposals with regards to improvement of the regulatory framework in the area of the activity of Collective Rapid Reaction Force. The results can serve as a legislative initiative for the Parliamentary Assembly of Collective Security Treaty Organization.

Keywords: legal support of activities, joint operation, unit, military unit, connection, association, military base, special forces, military contingent, harmonization of legislation

Abstract: International legal mechanisms for the protection of children currently form the complex of norms and institutions, which are applied in order to regulate the relations among the states in this sphere. The article includes analysis of the general and specifi c principles of protection of rights of children, as well as of the peculiarities of its implementation outside the territory of the state of citizenship, and the of the international legal prohibition in the sphere of human traffi cking and exploitation of underage persons. International law provides for the special forms of protection of children at the time of armed confl ict.

Keywords: rights of children, principles and prohibitions, stopping human traffi cking, international legal protection, armed confl icts.

DOI: 10.7256/2454-0633.2017.3.24094

Abstract: This article examines the voluntariness as the key principle that lies in the foundation of establishment on the relations between the member-states in the context of creating the transnational formation, as well as the emerging due to implementation of the main goals. The author formulates the notion of voluntariness; reviews the consolidation of this term in the normative legal acts of domestic legislation and international legal acts ratified in the Russian Federation, as well as decisions and decrees of the Constitutional Court of the Russian Federation. The principle of voluntariness is subject to a more detailed research through the prism of international relations of the Russian Federation, as one of the fundamental principles that define the partial delegation of authorities of the Russian Federation to a certain transnational formation. The author meticulously analyses the consolidation, realization, and effect of the principle of voluntariness in various branches of the law. Operation of the principle of voluntariness is applied to the member-states, authorities, officers, subjects of international law that incurred obligations for international agreements before the transnational formation. The discussed principle also lies in the foundation of the organizational relations (establishment of transnational formation, entering/exiting the membership), relations between the member-states regarding the realization of the undertaken responsibilities, exercise of powers by the authorities, employment relationship and foreign relations pertaining to the international activity of transnational formation.

Keywords: international agreement, authority, principle, Russian Federation, agreement, state, transnational formation, voluntariness, legitimacy, exercise of powers

DOI: 10.7256/2454-0633.2017.1.22450

Abstract: The article is devoted to the international legal restriction of belligerent use of means of warfare, which are indiscriminate. Since, despite the active efforts of the global community, violations of one of the main principles of international humanitarian law - the principle of distinction - do not stop, the author gives an overview of the types of weapons that have indiscriminate effect: cluster munitions, incendiary weapons, anti-personnel mines and fuel-air explosives. The author also discloses the aspects of the activities of the United Nations and the International Committee of the Red Cross in the field of limiting the parties to an armed conflict in the choice of means of warfare that contradict the principle of distinction. As a methodological basis for research, the author used the method of system analysis and the comparative legal method. It is evident that there is a need to strengthen the provisions of treaties in the field of restriction of the belligerent use of indiscriminate means of warfare by making these provisions more universal, taking measures towards getting more states to accede treaties in this area, and strengthening their monitoring of compliance with their norms.

Keywords: incendiary weapons, cluster munitions, indiscriminate weapons, means of warfare, IHL, international humanitarian law, anti-personnel mines, fuel-air explosives, ICRC, armed conflict

DOI: 10.7256/2454-0633.2017.1.68622

Keywords: incendiary weapons, cluster munitions, indiscriminate weapons, means of warfare, IHL, international humanitarian law, anti-personnel mines, fuel-air explosives, ICRC, armed conflict

DOI: 10.7256/2454-0633.2018.3.27239

Abstract: This article analyzes the forming concept of “universal legal capacity and equality” applicable to people with disabilities or limited mobility. It is contained in all basic acts dedicated to the status of disabled, documents and practice of the Committee on the Rights of Persons with Disabilities. Currently, the international community is concerned over the situation with declaring, but low likelihood of exercising of certain individual rights by the persons with disabilities. For solution of this issue was proposed a concept that allows limiting the use of custodial-isolation approach towards people with disabilities or similar categories of people. The aim of this research is to resolve the question of feasibility of correction of this situation through changes in specific legislative and international bills. The conclusion of this study consists in the claim that the concept of “universal legal capacity and equality” is only partially capable of correcting the state of things; practical implementation of rights of persons with disabilities depends not only on formulation of legislative bills, but also conducting number of research, which are not of strict legal nature and must pursue correction of the social dogmas in social consciousness.

Keywords: universal legal personality, equality, persons with disabilities, disabled people, International Law, Protection of Human Rights, Committee, Convention, United Nations, legal status

Abstract: Scientifi c cooperation of the Russian Federation and the EU is quite successful and it is a rapidly developing element of Russian-European relations, its value is supported by the joint decision of the RF and the EU to from a common area of studies, education and culture. The article is devoted to the provisions of international treaties, programs and instruments, as well as of legislation of Russia and of the EU in the sphere of science.

Keywords: international law, European law, the EU, scientifi c and technical cooperation, intellectual property, transfer of technologies, innovation activity, the EU innovation policy, the European patent, Russian Federation.

DOI: 10.7256/2454-0633.2018.3.27515

Abstract: The subject of this research is the representations of the limits and content of the systems of Evangelical theological education reflected in acts of the various intergovernmental and nongovernmental international organizations. These systems feature the religious educational organizations, faculties of secular universities, as well as structural departments of religious institutions that prepare the ministers and religious personnel. The need for referring to international acts is substantiated by ambiguity of formulations of the specialized Russian legislation and dispositions of the Russian centralized religious organizations, which complicates the advancements of this sphere in the context of harmonization of the state-confessional relations. In the course of this work, the author applies the methodology of soft systems developed by Peter Checkland and his supporters, which allows reconstructing the normative requirements of the various international acts, compare the acquired results with the relevant practice in corresponding sphere, as well as highlight the most prioritized vectors of its development. The scientific novelty lies in the fact that for the first time the normative acts of the international intergovernmental organizations that regulate higher education at the global level, have been examined in comparison with dispositions of the international nongovernmental organizations, created by the representatives of Evangelical churches for the purpose of advancement of the professional theological education. The author demonstrates how the theological education can be implemented into the global educational system. Similar world experience can be valuable for the development of Russian legislation, particularly with regards to international cooperation in the field of education.

Keywords: religious education, theological education, freedom of conscience, international treaties, EHEA, UNESCO, international organizations, Bologna Process, EAAA, evangelical churches

Abstract: During the liberalization of the legal regulation of the air traffi c in the EU a number of acts of secondary law was passed, and they formed the basis for the inner aviation market. A unique regime of access of air carriers of the EU to the local airlines of the EU states, which applied only to licensed carriers of the EU, drew attention of the international community as a whole. At the same time the recently adopted Regulation N 1008/2008 included protection of interests of both air carriers and the wider group of participants of inner aviation markets of the EU, while modifying the limitations to the freedom of access. By comparing the old and new Regulations in the sphere of air carriers access of the EU into the domestic airlines one may better understand legal achievements of the EU in this sphere.

Keywords: international law, liberalization, licensing, carrier, criteria, publication, movement, preliminary, following, control.

DOI: 10.7256/2454-0633.2023.4.43852

Abstract: The object of the study is the legal status of an authorized economic operator in the context of the impact on its development of the provisions of the Framework Standards for Security and Simplification of World Trade of the World Customs Organization. The author considers such aspects of the topic as: generation of the status of an authorized economic operator in the legislation of Russia and the acts of the Eurasian Economic Union, the stages of its development, the modern regulatory framework of its regulation, the content of the administrative and legal status, including the norms of material and procedural properties, the privilege of this status is assessed and promising directions in its development in the conditions of modern external and internal threats and challenges. The main conclusions of the study are the provisions that the administrative and legal status of an authorized economic operator reflects the influence of the Framework Standards for Security and Simplification of World Trade of the World Customs Organization. The status under consideration incorporated two main principles of these standards: facilitating international trade and ensuring the security of the supply chain of goods. The development of the status of an authorized economic operator makes it possible to ensure these principles of public law regulation in the field of foreign trade. The novelty of the study lies in highlighting the prospects for the development of the institution of an authorized economic operator in the conditions of the sanctions regime in relation to Russia. The conclusion is made about the priority of concluding bilateral agreements on mutual recognition of the status of an authorized economic operator.

Keywords: customs authorities, mutual recognition, authorized economic operator, international trade, simplification of procedures, safety, Framework standards, World Customs Organization, special simplifications, legal status

Abstract: International economic order varied in different historical periods. The author analyzes the reasons why there appeared the need to change an old economic order and to form a new one based on a number of decisions of the General Assembly of the UN and the idea of the new international economic order, as well as the factors for its revision. The author analyzes the problem of defining “international economic security” as parts of it, problem of a list of its principles, which are being formed under its framework documents. The author provides detailed concepts of general heritage of humanity and stable development, as well as their influence on the formation of the modern international economic order.

Keywords: international law, new international economic order, international economic security, general heritage of the humanity, concept of stable development, principles of international economic law, the Declaration on formation of the new international economic order, the Charter of economic rights and responsibilities of the states, the revision of the new international economic order, the Program for the formation of the new international economic order.

DOI: 10.7256/2454-0633.2022.4.39450

Abstract: For several decades, a number of agreements have been in force at the international level on the protection of biological diversity in general, individual species, in certain regions of the globe. The objects of legal protection are also different. In view of the significant number of international documents in the field of the protection of biological diversity and its components, the author analyzes the features of individual agreements of a global nature within the framework of this article. Despite the fact that many of them entered into force more than a decade ago, their enforcement activities in various States are carried out taking into account the latest recommendations of their permanent bodies and conferences of the parties, developed taking into account the achieved or unachieved goals set earlier. The problem of biodiversity conservation is extremely important for ensuring human life on the planet. In today's changing world, there are an increasing number of threats to both biological diversity and its components, and the environment as a whole. Thus, intensive economic activity and the growth of the Earth's population pose an increasing threat to the planet's biodiversity from year to year. Only consolidated efforts of all countries of the world community, regardless of their political and economic interests, can solve the problems of eliminating emerging threats, including through the formation of unified legal approaches to environmental and biodiversity protection. This must be remembered even in the context of global economic and political conflicts. International agreements of a global nature, which have been in force for decades with varying degrees of effectiveness, are also called upon to solve this problem. The main thing is that in the process of implementing their provisions, the tasks to be solved should be set before the States, as well as the implementation of their provisions should be among the main priorities of the Governments of the States that are parties to them.

Keywords: ecosystem, wetlands, SITES, genetic resources, natural landscape, environmental protection, biodiversity, species, birds, migratory species

DOI: 10.7256/2454-0633.2015.2.14861

Abstract: This article is dedicated to the issues of main components of international legal regime of navigation on international inland waterways. The author examines this problem from the position of the legal theory, and presents elements that are part of the structure of the legal regime of navigational usage of international rivers. The author believes that the international legal regime of the navigational usage of international rivers must be aimed at setting a unified equal order and conditions for passage through the waterways. A special attention is given to the issues of content of freedom of navigation of international rivers. The author claims that the principles of international law should be projected upon the regulation of navigation on the international rivers. The author highlights significant and insignificant components of legal regulation of international marine traffic. As the main method of legal regulation, the author proposes using an international agreement that would define the area of the regime of navigation on international rivers, contain the norms of material and procedural law, as well as institutional mechanisms of cooperation in this sphere between the countries, and the mechanism of regulation of disputes between them.

Keywords: riparian state, innocent passage, navigational usage, international river law, inland waterway, international waterway, international river, international legal regime, freedom of navigation, timber floating

DOI: 10.7256/2454-0633.2015.2.66473

DOI: 10.7256/2454-0633.2016.2.18418

Abstract: The subject of this research is such aspect of the work of the World Intellectual Property Organization (WIPO) as “patents and transfer of technologies”. The author carefully examines the direct and implied competence of the organization in this area of international cooperation. A special attention is given to the specificity of the work of WIPO in the sphere of patent system in its national and international dimensions in the aspect of this influence upon the international transfer of technologies. The author also analyzes the projection work of this organization in the area of patents, which affects transfer of technologies in the transboundary aspect. The article also presents the detailed research of WIPO policy in the area of industrial property, which suggests agreement of interests of developed and developing countries with regards to protection of industrial property and patent right, dualistically impacting accessibility of technologies. The main conclusion consists in substantiation of connection between the WIPO policy in the area of development of law of industrial property and patent system on one hand, and positioning of this organization as a development institution aimed at easing access to technologies – on the other. The scientific novelty of this research lies in the fact that the author justified the thesis on the new paradigm that is used by this organization in their work, which being driven by its own development agenda, is lately aimed not only at assistance in access to technologies for developing nations, but at turning the international technological transfer towards assistance with formation of national technological potential in developing countries.

Keywords: TRIPS Agreement, patent information, technological platform, patent system, green technology, capacity building, technology transfer, technology, developing countries, industrial property

DOI: 10.7256/2454-0633.2016.2.67874

Keywords: TRIPS Agreement, patent information, technological platform, patent system, green technology, capacity building, technology transfer, technology, developing countries, industrial property

DOI: 10.7256/2454-0633.2013.2.62773

Abstract: The article includes analysis of such categories as peace, right to peace and right of peace within the framework of international legal relations. The author studies the reß ection of these categories in international legal acts, drafts of international legal acts and doctrine, and he also provides his own position on the subjects of the right to peace and mechanisms for the implementation of this right. The author analyzes the Western and the post-Soviet international legal doctrines on the issues of peace, acts of the General Assembly and the Human Rights Council of the UN and UNESCO on right to peace. It is noted that the right to peace is a global natural right of peoples, which should be regarded together with the rights to self-determination and to oppose oppression. It is offered not to equal the right of peoples to peace with the right of individuals and social groups to take part in implementation of this right. The author offers to depart from the concept of the exclusive competence of certain states to protect the right to peace for their peoples. At the same time, the author disagrees that the states have a right to facilitate the right to peace of the peoples, which do not possess connection with these states. The article proves that monopolization of the system of guarantees of protection of the right to peace by the states in the international relations should be revised. The author provides a hypothesis that the right to peace cannot be regarded as a higher value than a right of peoples for development, self-determination or opposition to oppression. At the same time correlation of these rights does not mean that they can be substituted with each other. Implementation of one of the rights of peoples should not lead to the considerable limitation to its other global rights.

Keywords: responsibilities of the peoples, human rights, international norm-making, UNESCO, UN, implementation of right, status of the peoples, rights of the peoples, global rights, responsibility of the peoples.

DOI: 10.7256/2454-0633.2016.2.67875

Abstract: The paper presents a commentary on Article 90 of the Additional Protocol to the Geneva Conventions of 1949 and relating to the Protection of Victims of International Armed Conflicts, 1977. The author made a detailed analysis of the legal regulation of the organization and functioning of the International Humanitarian Fact-Finding Commission. Details covered the formation, composition, competence, grounds of competence, the procedure and some other aspects of the functioning of the Commission. The author gave special consideration to the opportunity to investigate the violations committed during non-international armed conflicts, as well as the right to provide good offices. During the course of this research the author used the following methods: dialectical, analytical, synthetic, functional, systematic, legalistic and comparative. To date, the Commission is inactive. A key reason is the contradiction between its legal characteristics and purpose of the operation. Conceived as a mechanism to ensure the implementation of international humanitarian law, the Commission, however, is a part of the system of settlement of disputes. Its functions are more appropriate to Grotian model of international obligations, rather than to Kantian one. It operates in the interests of individual conflicting states, rather than in the interest of the whole international community. The Commission is able to ensure the implementation of international humanitarian law insofar as the parties to the conflict take measures in relation to each other on the basis of its report. Other countries and international organizations remain outside this process. The author suggested some solutions of the problem.

Keywords: Geneva Convention, International Humanitarian Fact-Finding Commission, Ensuring legal order, International investigation, International disputes resolution, International humanitarian law, Investigative commission, Serious violations, Kunduz airstrike, Good deeds

DOI: 10.7256/2454-0633.2013.2.62774

Abstract: The article includes analysis of the problem of defining the international community as the current stage of political and legal evolution.. Most researchers use the definition of international community, however, its contents and terminological definition were not duly represented in legal science till now. The analysis in this article allows to formulate the characteristic features and the definition of international community. The author discusses the key features of international community, which allow to single it out as a special stage of civilization development. Analysis of the subject of this study is supported by the empirical data and socio-cultural method of study. The positions which are provided in this article considerably widen the scope of scientific cognition in the sphere of theory of state and international relations. The results of this study may be used in the international law-making and practice of implementation of international law.

Keywords: international law, international community, integration, state, treaty, information, evolution, global.

DOI: 10.7256/2454-0633.2014.2.11360

DOI: 10.7256/2454-0633.2014.2.64993

Abstract: The goal of this article is to defi ne international crime taking into consideration the international treaty: the Statute of the International Criminal Court. The author aims to analyze doctrinal developments in the sphere of defi nition of an international crime. As an immediate targets in order to attain this goal, the author has attempted to analyze doctrinal developments regarding defi nition of international crime and international legal precedents in the sphere of international criminal law, allowing to state that currently international criminal law is a formed and comprehensive legal system for fi ghting international crime. Analysis shows that strengthening the fi ght against international crime is fundamental for the guarantees of sustainable peace and effi cient protection of human rights, sustainable economic progress and development. The methodological basis for this article was formed with the dialectic cognition method with the application of the principles of development, comprehensive and systemic character. The article involves general scientifi c and special legal methods: comparative, systemic structural, theoretical methodological, etc. The article provides development for the theoretical fundamentals for the formation of the defi nition of an international crime. The author makes a conclusion that international crimes form a type of international offence, encroaching upon the very fundamentals of the international community, causing grave damage to it and violations of basic principles and norms of international law, guaranteeing global safety and security, protection of human rights and vital values, and crucial interests of the international community as a whole, thus being dangerous to the very human civilization.

Keywords: international crime, fundamentals of international relations, classifi cation of international crimes, elements of an international crime, defi nition of an international crime, Charter of the Nuremberg Tribunal, Draft Code of Crimes, the International Law Commission, the International Criminal Court, international community.

DOI: 10.7256/2454-0633.2016.2.67876

Abstract: The subject of this research is the institution of ensuring protection of the participants of an armed conflict as a generally recognized institution of modern international law. In the conditions of the established international legal prohibition of war and prevention of threat of force or its application, the institution of ensuring protection of the participants of an armed conflict act as the protector of legal security of private parties during an open armed conflict. As soon as an armed conflict has emerged, the modern international law provides legal protection of all involved private parties through the institution of ensuring protection of the participants of an armed conflict. The author makes the following conclusions: according to the objective indexes of its existence, the institution of protected individuals, as it subjectively demonstrates itself within the framework of international humanitarian law, carries a character that is integral in its form and complete in its nature. The general concept here consists in presentation of a complex of subjective rights (on protection by international law) as a response to the demand for obedience to the norms of international humanitarian law. As in any other branch of law, incompliance with set responsibilities activates legal responsibility of the corresponding figures. The parameters of rights of the subjects of the protected group are justified by the right to humane treatment; respect, honor, and dignity; defense and aid; protection.

Keywords: Participant of an armed conflict, Supremacy of law, UN Millennium Declaration, Protection of human rights, UN Charter, Armed conflict, Right to life, Protected individuals, Modern world order, International normative system

DOI: 10.7256/2454-0633.2014.2.12045

DOI: 10.7256/2454-0633.2014.2.64992

Abstract: The article is devoted to the study of the activities of the WHO in the sphere of fi ghting pharmaceutical counterfeit in the aspect of development of the term “counterfeit” by this organization. The author consequently follows the work of the WHO on clarifi cation of its competence in the sphere of guaranteeing access to quality and effi cient medications, showing that protection of intellectual property rights is a related issue, while being outside the scope of its activities. The article substantiates the position that clear formulae of the term “pharmaceutical counterfeit” are necessary for effi cient international cooperation in the sphere of fi ghting against the wave of counterfeit medications, them being a threat to life and health of the people. Special attention is paid to the correlation between the WHO activities on coordination of international efforts against pharmaceutical counterfeit, and defi ning “counterfeit” as a “ fake” without connotation to the “violation of intellectual property rights”. In this article the author bases his studies upon the comparative analysis of the approaches to defi ning pharmaceutical counterfeit in national and international law. In addition, for the comparative purposes the author uses the approaches towards correlation between protection of health of the population and intellectual property protection in the WHO and the WIPO. It allows for the substantiation of the existence of two international cooperation strategies regarding fi ghting fake pharmaceutical products. The scientifi c novelty of the article is due to revealing the nature of correlation between human rights in the sphere of healthcare and intellectual property rights based upon the example of the activities of the WHO, it being an authoritative international organization. The author makes a conclusion that none of specialized international organization is capable of simultaneously fi ghting falsifi cation of pharmaceutical products in the aspect of protection of right to access to quality and effi cient medication and in the intellectual property protection aspect. However, different international organizations in this sphere should take these aspects into consideration. As the basis for the specifi c features to the WHO approach, the author points out the fact that protection of human rights has higher priority than intellectual property protection, since intellectual property rights are not basic human rights.

Keywords: access to medication, medical counterfeit, intellectual property, human rights, international cooperation, globalization, patent, trademark, public healthcare, the World Health Organization.

DOI: 10.7256/2454-0633.2014.2.11895

DOI: 10.7256/2454-0633.2014.2.64991

Abstract: The article concerns basic legal documents within the UNO system, forming the basis for the universal international standards in the sphere of education. The author analyzes the provisions of basic conventions and declarations, which were adopted by the General Assembly of the UNO on the issues of education. Special attention is paid to the problem of non-discrimination in the sphere of education based on racial, national and religious background, sex, language, health condition. The author studies the fundamentals of international law regarding education of convicted persons and persons with limited abilities. As a result of the study, the author formulates the conclusion on the development within the UN framework of the system of universal standards , guaranteeing general and specifi c rights of every person for an education, as one of the most signifi cant rights within the complex of basic human rights and freedoms. It is noted that the system of universal international standards of the UNO in the sphere of education allows to form the conditions for the implementation of a right of every person for the access to quality education on an universal scale.

Keywords: international organizations, right to education, the United Nations Organization, equal rights, non-discrimination, international documents, international standards, special legal guarantees, basic human freedoms, education.

DOI: 10.7256/2454-0633.2014.2.11776

DOI: 10.7256/2454-0633.2014.2.64990

Abstract: The article substantiates the position that international organizations form the most adequate institutional basis for the international cooperation in the sphere of environmental protection, and they are also a necessary element for the functioning of international environmental law, which is impossible without them. The authors reveal the causes, preventing the international community from the formation of the universal international intergovernmental environmental organization up to this date. It is stated that the currently the UN has the most comprehensive environmental competence, which has started working on various environmental problems in 1949, when there was a chronologically fi rst Conference of the UNO on the issues of preservation and utilization of resources. It is stressed that today many universal intergovernmental organizations, including the specialized UN institutions, turn to the environmental issues within their profi le of activities. The authors analyze environmental competence of the ICAO, FAO and IMO. As for the regional intergovernmental organizations, the authors analyze the environmental competence of the European Union, the African Union and the ASEAN. The attention is paid to the leading international non-governmental organizations in the sphere of environment, such as IUNC and WWF. The latter has formed an initiative on conclusion of treaties exchanging external debt for environmental projects and programs («Debt-for-Nature Swaps»).

Keywords: international organization, environmental competence, the UN program, environment, the European Union, the African Union, ASEAN, CIS, NAFTA, UNEP.

DOI: 10.7256/2454-0633.2015.3.15496

Abstract: This article is dedicated to the research of the work of a number of international organizations pertaining to creation of legal mechanisms for counteracting negligent use of offshore companies (tax evasion, money laundering), as well as analysis of the standards and recommendations of said international organizations on anti-offshore legislation on the national level. This issue is relevant within the framework of the program of deoffshorization of Russian economy, thus it is worth turning to the international experience in this sphere, and determine the key trends and directions of the fight against offshorization. The analysis of the proposed recommendations, devised standards and norms, allows us to determine the most efficient anti-offshore measures on four main vectors: detection of offshore zones; identification of the end-beneficiaries; development of mechanisms for exchange of information between countries; mechanisms specifically aimed at fighting against tax evasion.

Keywords: OECD, money laundering, tax avoidance, taxation, offshore company, Deoffshorization, FATF, UN, EU, Offshore

DOI: 10.7256/2454-0633.2015.3.66832

Keywords: OECD, money laundering, tax avoidance, taxation, offshore company, Deoffshorization, FATF, UN, EU, Offshore

DOI: 10.7256/2454-0633.2015.3.15946

Abstract: This article examines the principle of not causing significant damage to another country during the use of transboundary freshwater sources, its legal content, including the obligation of each state, concept of damage, its limitations, as well as its correlation with the principles of fair and reasonable use of freshwater resources, prevention of polluting the environment, implementation of safety measures, “polluter pays”, and the responsibility to assess transboundary effects. The author analyzes the universal and regional international treaties, as well as bilateral agreements with Russia. As a result of the conducted research, the author determines that the principle of not causing significant damage includes in itself not only the obligation to prevent damage, but also containing the damage in the event that it has occurred, liquidating it, and compensating any damages. The damages should be understood as loss of life due to impact to human health, loss of or harm to property, damage to the environment, as well as expenses for reasonable measures of restoration to the previous state of property or the environment.

Keywords: transboundary impact assessment, polluter pays principle, precautionary principle, reasonable utilization of the watercourse, equitable utilization of the watercourse, not to cause significant harm, principles of the use of water, freshwater, international watercourse, transboundary aquifer

DOI: 10.7256/2454-0633.2015.3.66833

DOI: 10.7256/2454-0633.2013.3.9479

DOI: 10.7256/2454-0633.2013.3.63241

Abstract: The goal of this article is to define international legal contents of the proprietary right of peoples and to find mechanisms for enhanced fairness and efficiency of the relevant legal institutions. These goals may be achieved thanks to critical and comparative analysis of treaty, declaration and precedent legal bases, as well as the doctrines. The analysis shows that the issue of whether public property belongs to states or to peoples has no international legal resolution standard. It is stated that international law recognizes the possibility for the proprietary rights of the peoples, as collective public rights, having both public and private law implementation mechanisms. However, it does not provide the criteria for distinguishing state (and other public) property from the property of the people. Understanding the violations of the natural rights of nations by making all public resources belong to the state, the law-makers search for various compromises, and most of such compromises are not practically proven to be efficient. The issue of the right of the people to property becomes especially topical, when it concerns non-state peoples, aiming to implement their collective rights within existing states. For the nation-states the problem may be found in the need to distinguish proprietary rights and obligations of peoples and of the states, including international ones. It is noted that implementation of the right of the people to own, use and dispose of such property should be implemented by it directly, and the public government is only empowered to form the mechanisms for such implementation, but not to gain profit from it. The said model applies to both the nation states, and the peoples living in the multinational states, including indigenous peoples and the peoples fighting for their self-determination. At the same time the property of the nation-forming people and other peoples living in the same state should be fairly distinguished.

Keywords: rights of peoples, proprietary right, property of the peoples, indigenous peoples, non-state peoples, right to own, land rights, natural resources, collective rights, human rights.

DOI: 10.7256/2454-0633.2013.3.9048

DOI: 10.7256/2454-0633.2013.3.63242

Abstract: The article is devoted to the analysis of the new international anti-corruption institutions – the cross-debarment regime on implementation of sanctions within the projects supported by the Multilateral Development Banks. The author shows that the basis for this institution was formed by the sanction regimes formed in each particular MDB. It is established that the formation of a unified inter-bank sanctions regime is not possible for a number of legal, social and economic reasons. That is why this institution is so valuable. For the first time in the Russian international legal science the author provides a detailed analysis of the Treaties of 2006 and 2010, which became the basis for the formation and development of this institution. Much space is devoted to the implementation of these treaties, which on one hand lead to harmonization of the approaches towards fighting corruption, and on the other hand allowed to form multilateral barriers against the globalized corruption matters within the projects globally implemented and supported by the MDB. The article involves materials from the legal practice of the MDB. In addition to the Treaties, it includes analysis of the activities of the Task Force of the MDB against corruption, which became an institutional basis for the cooperation among the bans. In addition the author provides the grounds for the leading and coordinating role of the World Bank in these processes.

Keywords: corruption, multilateral development banks, globalization, sanctions regime, fraud, good-faith legal practice, the World Bank, development support, project funding, international cooperation.

DOI: 10.7256/2454-0633.2016.3.68161

Abstract: This research is dedicated to the questions of transformation of the traditional diplomacy and consular functions at the modern stage. The author analyzes the following factors which affect the changes in the aforementioned sphere: increase of public control over the diplomatic and consular activity of the nations due to the modern opportunities of mass media and expanding onto the international arena of nongovernmental structures participating in the diplomatic negotiations; influence of the technological progress upon the transformation of the traditional diplomatic functions; emergence of the new actors of international relations realizing the new forms of diplomacy; as well as the modern trends of transformation of the consular functions through the prism of the new challenges associated with such phenomena as natural disasters, civil wars, multiple citizenship, international employment, sex tourism, human trafficking, etc. At the present time diplomatic and consular relations gain the status of a complicated and global phenomenon. The examination of these factors allowed making a conclusion that the current system of norms of the diplomatic and consular law is imperfect and does not meet the modern requirement, thus it substantiates the need for improvements of the existing norms of the diplomatic and consular law.

Keywords: partnership, technological novelties, communication novelties, counsular affair, counsular service, counsular functions, diplomatic functions, diplomatic service, diplomatic norms, diplomacy

DOI: 10.7256/2454-0633.2014.3.11577

DOI: 10.7256/2454-0633.2014.3.65432

Abstract: International legal order in the sphere of regulation of international trade is regarded outside the scope of the WTO, but within the context of its infl uence, recognizing its dominant role. The author provides a defi nition of international trade, discussing object and immediate object of regulation in this sphere of the modern international law. The author evaluates the main methods of international legal regulation of international trade. The author singles out trade contracts, trade contingent contracts (contracts for the turnover of goods) and other types of contracts among the international contracts regulating international trade. Among the exceptions from the scope of the WTO the author evaluates the regime for the export of national heritage objects, and sales of raw resources. Outside the scope of the WTO the preferential systems are formed, as well as the export of weapons and “double purpose” goods. The methodological basis involves a general scientifi c dialectic method of cognition, as well as the method of systemic analysis, comparative legal, historical, logical, structural functional, method of interpretation of the norms of the international law, etc. Unlike the traditional perception of the international trade within the scope of the WTO, the article provides analysis of spheres of regulation of international trade outside the scope of this universal international organization. The author also provides her own defi nition of the international legal order in the sphere of regulation of international trade, providing classifi cation of the international contacts in the sphere of regulation of international trade. The author analyzes the newest international treaties in the sphere of raw resources trading. The author also discusses the tendencies for the further development of the international legal order in the sphere of regulation of the international trade.

Keywords: International legal order, international trade, trade contracts, contingent treaties, raw materials goods, international commodity agreements, international administrative commodity agreements, preferential systems, export control, double purpose goods.

DOI: 10.7256/2454-0633.2016.3.68162

Abstract: The subject pf this research is the problem of determination of the continental shelf boundaries in the Arctic Ocean. The author compares the two main approaches towards the solution is problem, which are present in the Russian and foreign expert communities, as well as the assessments of the international legal regime of the Arctic Ocean. The author believes that the core of the controversies in the expert assessments lies in the fact of establishment within the international legal regime of the Arctic Ocean of such international custom as the polar sector: in the first case – dialectical approach that accepts this custom, and in the second case – metaphysical approach that denies this custom. Under the modern factor, the evolutionary transformation of the international legal regime of the Arctic Ocean represents a new subject of the scientific examination, which allows enriching the theory of formation of the legal institutions, as well as acquire new knowledge about them. The studied theoretical questions attains specifically practical sense in the context of the relevant problem of delimitation of the Arctic shelf: the approach that rejects the sectoral custom, suggests the creation of the “common heritage of humanity” in the center of the Arctic ocean floor; as well as it meets he political vector of NATO and EU and does not correspond the national interests of the Russian Federation. And on the contrary, the approach that accepts this custom allows respecting the national interests in delimitation of the Arctic Ocean floor.

Keywords: common heritage of mankind, International Seabed Authority, Commission, sectoral method, delimitation, Continental shelf, International Customs, The Arctic Ocean, International legal regime, method of meridian lines

DOI: 10.7256/2454-0633.2014.3.12522

DOI: 10.7256/2454-0633.2014.3.65433

Abstract: The object of studies involves international relations appearing in the process of international legal regulation of guarantees of well-being of animals and their protection from cruel treatment. The immediate object of studies involves formation and development of international regulation in the sphere of guarantees of the well-being of animals and their protection from cruel treatment and implementation of the international norms in the said sphere. The purpose of studies involves analysis of the universal, regional and supranational levels of legal regulation of the guarantees of the well-being of animals and their protection from cruel treatment. The studies of the international legal standards for the well-being of animals and their protection from cruel treatment involved a complex of general and specifi c scientifi c methods. Based upon the formal legal method the author provided analysis of the legal contents of the international universal, regional, national legal acts in the sphere of protection of animals well-being of animals and their protection from cruel treatment, the comparative legal method was used to single out the specifi c features and differences in the universal and regional levels of international cooperation in the sphere of well-being of animals and their protection from cruel treatment; the method of systemic analysis allowed to study the mechanism of international cooperation in the sphere of guarantees of the well-being of animals and their protection from cruel treatment, to single out its levels and elements, providing their general characteristics and mutual connections; historical legal and dialectic methods were used in order to show the specifi c features of evolution of development of legal regulation of guarantees of well-being of animals and their protection from cruel treatment. The article provides a complex study of historical, theoretical, and international legal aspects of cooperation of states in the sphere of guarantees of the well-being of animals and their protection from cruel treatment. The authors provides philosophical legal substantiation for the legal guarantees of the well-being of animals and their protection from cruel treatment, the author provide grounds for the necessary transition from the anthropocentric approach to the regulation of the sphere of relations with the animals and the nature-centric approach. The authors provide classifi - cation of international legal instruments regulating well--being of animals and their protection from cruel treatment, study the perspectives of universal regulation of the state cooperation in the sphere of guaranteeing the well--being of animals and their protection from cruel treatment, discuss the forms and contents of state cooperation within the framework of the Council of Europe in the sphere of guarantees of the well--being of animals and their protection from cruel treatment, studying the degree of participation of states in the said cooperation. The authors substantiate the need for the post-Soviet states to participate in the Conventions of the Council of Europe on protection of animals.

Keywords: Well-being of animals, protection of animals, international legal regulation, ethical norms, national legislation, leading principles, humanizing the social relations, international standards, protection of domestic animals, cruel treatment.

DOI: 10.7256/2454-0633.2016.4.17896

Abstract: The article focuses on the problems of legal and organizational issues associated with international legal counteraction of corruption in the social sphere. The author carried out a detailed theoretical and legal analysis of international legal means of combating corruption in the social sphere with universal legal positions. Discusses the author's position regarding the notion of international-legal counteraction to corruption. The main attention is paid to development of methods and methodology of international legal regulation of countering corruption in the social sphere. The methodological basis for the article was formed by the current achievements of the theory of knowledge. In the process of the study were used General philosophical, theoretical, General philosophical methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditionally legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The main conclusion drawn from the results of the study, is that at present to ensure law and order in the social sphere it is necessary to improve the legal anti-corruption measures in the social sphere. The main contribution made by the authors in this article is the necessity of implementation of international legal standards for combating corruption in the social sphere. The novelty of the article lies in development of proposals for the development of forms and methods of fighting corruption and creating legal and institutional guarantees of legality in the social sphere.

Keywords: Counteraction, Responsibility, Crime, Means, System, Social, Sphere, Corruption, Law, Standard

DOI: 10.7256/2454-0633.2016.4.68439

Keywords: Counteraction, Responsibility, Crime, Means, System, Social, Sphere, Corruption, Law, Standard

DOI: 10.7256/2454-0633.2015.4.16007

Abstract: The subject of this research is the content and consequences of the execution of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) upon the international transfer of technologies into developing countries. The author gives a detailed attention to the issues arising in protection of rights to the transfer technologies, predominantly the patent rights, in the process of transfer and diffusion of various technologies. The article also analyzes the logic of international efforts on protection of intellectual property prior to the TRIPS agreement. The author gives a detailed examination to the content of Articles 7 and 8, which provide balance between the rights and interests of the copyright holders on one side, and the rights and interests of the users on the other. This research addresses the issue of transfer of technologies to the less developed countries in light of the Article 66.2 of the TRIPS agreement. The main conclusions of the conducted research are the positions on the ambiguous nature of the effect of TRIPS upon the international transfer of technologies. Moreover, this conclusion is concretized pertaining to various groups of countries. The author’s contribution into the research of this topic is the systemic analysis of the place of rights of intellectual property within the international exchange of technological achievements.

Keywords: TRIPS, international technology transfer, right to development, patents, developing countries, globalization, capacity building, intellectual property rights, TRIPS-plus, flexibilities

DOI: 10.7256/2454-0633.2015.4.67245

Keywords: capacity building, globalization, developing countries, patents, right to development, international technology transfer, TRIPS, intellectual property rights, TRIPS-plus, flexibilities

DOI: 10.7256/2454-0633.2016.4.20618

Abstract: The author examined the questions and expressed his original thoughts regarding the legal issues of maritime traffic in the Bering Strait zone, considering the practice of ensuring its security. The subject of the research is the legal relations in the area of seafaring applicable to the Bering Strait legal regime. The article thoroughly reviews such questions as the analysis of legislation of the littoral states, regulation of seafaring, and safety of maritime traffic. The main emphasis is made on examination of the main navigation routs that can ensure the security in maritime traffic due to the increase of seafaring intensity in the Chukchi Sea. The scientific novelty is substantiate by the fact of absence of similar works on this matter in the Russian specialized literature. The relevance is justified by the need to introduction of the new legal and organizational measures aimed at ensuring security in seafaring in straits considering the possible increase of the intensity of seafaring, which is being forecasted based on the use of the Northeast Passage.

Keywords: safety of natural maritime landscapes, legal regime of the maritime spaces, straits legal status, social-environmental issues, traffic control, safety of navigation, Sea law, Bering strait, control of sea traffic, Arctic merchant navigation

DOI: 10.7256/2454-0633.2016.4.68440

DOI: 10.7256/2454-0633.2015.4.16720

Abstract: This article examines the questions of international participation of the Russian Federation in the area of prevention and liquidation of emergency situations of natural and technogenic character, as well as carrying out of emergency rescue missions. Analysis is conducted on both, multilateral and bilateral international agreements of the Russian Federation in this sphere. In order to improve the international legal regulation in this field, as well as to fill-in the separate lacunas of international law, the authors prepared two drafts of international law of both, universal and regional character; more precisely: Draft UN Convention on Prevention and Liquidation of the Aftermath of Technogenic and Natural Catastrophes, as well as the Draft Treaty on Coordinated Approaches of the Member-States of Eurasian Economic Union towards Prevention and Liquidation of Emergency Situations of Natural and Technogenic Character and Carrying Out Emergency Rescue Missions. The Draft UN Convention on Prevention and Liquidation of the Aftermath of Technogenic and Natural Catastrophes is called to fill-in the gap on the level of universal international law regulation under the aegis of the United Nations, since the issues regulated in the UN Convention draft has yet to find the reflection in the international treaty of a universal character; in other words, in an international legal act that is represented by the vast majority of the world’s countries.

DOI: 10.7256/2454-0633.2015.4.67246

Keywords: Russian Federation, challenges, security, competent authorities, rescue operations, natural disasters, catastrophes, emergency situations, United Nations, Eurasian Economic Union

DOI: 10.7256/2454-0633.2015.4.16879

Abstract: The subject of this research is the concept of the “Responsibility to Protect”, the key positions of which are contained in its original document – Report of the International Commission on Intervention and State Sovereignty (2002). A special attention is given to the analysis of the application of the “Responsibility to Protect” concept during the armed conflict in Myanmar; research of the issue on violation of human rights and the possibility of application of this concept in the current situation; as well as analysis of the humanitarian basis as the cause for possible military intervention into the affairs of the sovereign state. The scientific novelty consists in the consideration of the possibility of implementing the positions of the concept of the “Responsibility to Protect” pertaining to a separate country, specific features of its military regime and antigovernment protest. The author comes to the conclusion that the attempt to apply the “Responsibility to Protect” had in essence the political rather than humanitarian motives.

DOI: 10.7256/2454-0633.2015.4.67247

Keywords: R2P concept, Myanmar, Armed conflict, Human rights, Information warfare, Intervention, Humanitarian basis, Antigovernment protests, Violation of rights, Military regime

DOI: 10.7256/2454-0633.2013.4.10502

DOI: 10.7256/2454-0633.2013.4.63532

Abstract: The article concerns the very definition of “globalization”, its nature and elements, as well as the factors influencing the formation of this objectively lasting process from the points of view of various authors. The author points out the lack of uniform definition of the term “globalization”, analyzing the elements of globalization showing themselves within the international legal order, and, more specifically, in the international trade system, currency and finances system and investment system. The author uncovers the ways for the development of international economic legal order under the influence of globalization processes. The author shows positive and negative features of the globalization process. Globalization is compared with the regional integration processes. It is proven, that the modern civilization is capable of implementing the globalization ideas in some time, in spite of the existing difficulties. The author studied the works of Russian and foreign scientists on globalization problems, analyzing the decisions of international organizations and international conference materials regarding the globalization process. The author uses systemic analysis, comparative legal, historical and logical methods. Among the many dimensions of globalization, the author chose those influencing the formation of the international economic order. The author also singles out the definitions of globalization, which are the most suitable from the standpoint of international economic law. The article reflects the factors influencing the development of the international trade system, serving as basis for the sustainability of the currency and financial system, as well as for the stability of foreign investment. Globalization processes have more positive features, than negative ones. Globalization is also closely connected with the problem of liquidation of the gap between the industrially developed and developing state, especially in the sphere of finances and technology transfer. The regional integration of states on various levels should be capable of overcoming disproportions and implementing globalization ideas in the opinion of the author.

Keywords: globalization, the Golden Billion, international economic legal order, international trade system, international currency and financial system, regional integration, sustainable development, transnational corporations, brain drain, the Okinawa Charter.

DOI: 10.7256/2454-0633.2013.4.63533

Abstract: The World Trade Organization together with the World Bank and the International Monetary Fun form the modern institutional structure for international economic cooperation. All of the activities of this organization are aimed at liberalization of trade. The basis for the WTO system is mostly formed by the unified global legal platform. Legally speaking the WTO treaties serve as multilateral trade agreements, and joining these agreements considerably lowers the need to conclude bilateral treaties. At the same time, the WTO organizes both bilateral and multilateral treaties among its Member States. The General Agreement on Trade in Services (GATS) being part of the WTO law is the first code of multilateral legally binding norms, regulating international trade in services. The article concerns forms of international trade in services, as well as the key provisions of the GATS, the principles of the international trade in services. Attention is also paid to the measures aimed to protect national interests of the Treaty members.

Keywords: the World Trade Organization, liberalization of trade in services, the GATS, principles, mutual obligations, exceptions to the obligations, access to the markets, quantity limitations, the most favored nation treatment, national regime.

DOI: 10.7256/2454-0633.2013.4.63534

Abstract: The article contains an overview of the main international legal documents of the UN and the Council of Europe concerning the guarantees of rights of persons suffering from the mental disorders. Millions of people around the world suffer from mental disorders. In accordance with the evaluation provided by the World Health Organization (WHO) by 2004 13 per cent of all illnesses were mental disorders. At the same time the persons suffering from mental disorders are often discriminated and their rights are violated, while the social and psychiatric aid to them often fails to meet the modern standards. These circumstances substantiate the interest towards the rights of such persons at the international level. All of the international legal documents in the sphere of human rights may be divided into two categories: those legally binding for the states, which have ratified such an international legal act and the so-called international human rights standards, serving as directives, and guidelines, which may be found in international declarations, resolutions and recommendations, and such acts are mostly adopted by the international organizations. In accordance to the sphere of their application international legal instruments in the sphere of human rights may be divided into universal and regional ones. The former include international legal acts of the UN and its specialized institutions, such as the WHO, and the latter ones are initiated by the regional international organizations. Additionally, the European Court of Human Rights, acting based upon the Convention for the Protection of Human Rights and Fundamental Freedoms, makes decisions on specific cases regarding rights of persons suffering from mental disorder, and, therefore, it forms precedents in this sphere. These precedents may be used together with the international legal acts in order to draft or amend national laws in the sphere of mental health and practice of their application.

Keywords: mental health, mental disorder, human rights, psychiatric aid, international law, international legal documents, mental illnesses, the Convention, the European Court of Human Rights, health care improvement.

DOI: 10.7256/2454-0633.2014.4.13139

DOI: 10.7256/2454-0633.2014.4.65689

Abstract: This article reviews the issues of international and civil responsibility of the countries, pertaining to the probing of Earth using the artifi cial satellites in space. It examines the international acts that regulate these situations, as well as the judicial practice in this category of cases. The author points out that the solution to the issues of responsibility with regards to probing is complicated due to the specifi city of the international space law, which places all of the responsibilities for space activities on the countries: the country is responsible for violations of its international legal obligation regardless of the status of the violating subject. At the same time, the civil legal responsibility for any damages resulting from violation of the norms of national law is subject to civil law. Historically the civil court did not fi nd countries guilty, rather the legal actions were often taken against companies or agencies that stored, analyzed, or distributed the information obtained via the artifi cial Earth satellites.

Keywords: International law, Earth probing, space, international responsibility, civil responsibility, legal precedent, artifi cial Earth satellite.

DOI: 10.7256/2454-0633.2015.1.13486

DOI: 10.7256/2454-0633.2016.2.17346

Keywords: Geneva Convention, International Humanitarian Fact-Finding Commission, Ensuring legal order , International investigation, International disputes resolution, International humanitarian law, Investigative commission, Serious violations, Kunduz airstrike, Good deeds

DOI: 10.7256/2454-0633.2016.3.15903

DOI: 10.7256/2454-0633.2013.4.9316

DOI: 10.7256/2454-0633.2015.1.13716

DOI: 10.7256/2454-0633.2016.2.17464

DOI: 10.7256/2454-0633.2016.3.19804