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MAIN PAGE > Journal "International Law" > Contents of Issue ¹ 01/2022
Contents of Issue ¹ 01/2022
Integrational law and supernational associations
Shugurov M.V. - The Eurasian Development Bank as a mechanism of scientific and technological integration within the framework of EAEU: legal aspects pp. 1-28

DOI:
10.25136/2644-5514.2022.1.37236

Abstract: The subject of this research is the legal and cognate framework strategic aspects of the Eurasian Development Bank (EDB) as the key regional financial and investment institution that lend support to integration projects in the industrial sector in the countries of operations on a priority basis. The goal of this research lies in the conceptually systematization of the framework strategic and legal grounds of the  activity of the Eurasian Development Bank as the mechanism for the development of cooperation between EAEU member-states in the sphere of technological modernization of the economy and manufacturing of high-tech and science-driven products based on the cooperation projects with integration component. The author analyzes the instruments that are part of law of the Bank and determine its engagement in the integration processes in the industrial, agricultural and energy spheres, which suggest technological modernization. The conclusion us made that the current project and related analytical work of the EDB is in line with the trends of operation of the multilateral development banks, as well as correlated the requirement for increasing global competitiveness of the EAEU. The novelty of this research consists in comprehensive examination of the system of legal instruments aimed at implementation and strengthening of the potential of the Eurasian Development Bank as one of the mechanisms of industrial and technological integration within the EAEU. The author’s main contribution consists in argumentation of the position that overcoming systemic problems that persist in the activity  of the EDB, with the support of the national governments and national institutions of development, as well as active cooperation with the Eurasian Economic Commission, would most positively affect the intensification of the processes of industrial and technological cooperation and turning the EAEU into one of the most influential integration associations in modern world.
International law and international organizations interaction
Shinkaretskaya G.G., Rednikova T.V. - Influence of the Arctic Council upon the formation of a single legal space in the Arctic Region pp. 29-39

DOI:
10.25136/2644-5514.2022.1.37287

Abstract: The Arctic Council was established in accordance with the 1996 Ottawa Declaration as a “high level intergovernmental forum” for ensuring cooperation in the Arctic. It concentrates on the promotion of sustainable development and environmental protection in the Arctic. The scientific research conducted in the early 2000s under the auspices of the Arctic Council provided a more holistic representation of the problems of the Arctic and methods for their solution. Currently, the Arctic Council is the so-called coordinating center for the development of the Arctic legal order, being a place for negotiations, outlining the positions of the countries on specific issues, and establishing possible solutions to the problems. With the assistance of the Arctic Council, the Arctic sates have concluded certain treaties. Besides the eight Arctic states, which have authority for decision-making in the Council along with the right to discuss its policy and manage the six executive committees, the observing countries out of the non-Arctic states have been included to the Councils, although with restrictions in their powers thereof. The Arctic Council is recognized by the international community as the leading and responsible organizer of legal order in the Arctic Ocean that represents the interests of both Arctic and non-Arctic states. The involvement of non-Arctic states in the Arctic Council may improve the effectiveness of its activity in the sphere of sustainable development and environmental protection, as well as ensure their commitment to the results achieved within the Council and assert position of the Council as the most logical and appropriate place for the formation of international coordination in the Arctic.
Question at hand
Shinkaretskaya G.G., Berman A.M. - Cyber-attacks – an unlawful use of digital technologies pp. 40-50

DOI:
10.25136/2644-5514.2022.1.37271

Abstract: This article notes that cyber-attacks, i.e. disruption of the information systems of persons, companies or countries, are a new type of criminal activity. International law does not yet have does not have normative documents that regulate the procedure of countering cyber-attacks. It is complicated by the fact that in the international law the grounds for taking coercive measures against other country is aggression (armed attack), which confers the right to individual or collective self-defense of the country. It is indicated that the doctrine legitimizes drawing parallels between common operation that are classified as the resorting to force, and the corresponding cyber operations. As the criterion of aggression, it is offered to use the assessment of the scale of attack and severity of consequences. The difficulty in qualifying the cyber-attack also lies in open architecture of the Internet, which allows billions of users worldwide to interact with each other. The aforementioned aspect also allows the hackers to hide their identity or even use someone else's device without their knowledge. All these difficulties aggravate if cyber operations are conducted by or on behalf of the countries. In fact, the cyber-attack participants do not bear any consequences for their actions. It is claimed that modern international law suggests both, intraterritorial or extraterritorial jurisdiction.
International law and national law
Duben A.K. - International legal framework for information security: problems and priorities pp. 51-60

DOI:
10.25136/2644-5514.2022.1.37654

Abstract: This article examines the international legal aspect and comparative characteristics of the development of information security in Russia and the countries of the world. The definition, forms, types and characteristics of various aspects and aspects of information security of information systems are revealed. Subject, object and conceptual possibilities of information security. The article is devoted to the legal regulation of information security in international cooperation. A detailed analysis of international regulatory legal acts that consolidate the foundations of information security has been carried out. The main directions of development of Russian and foreign legislation in the field of information security and the role of international bodies in ensuring information security are considered. The author concludes that the issue of improving the legal provision of information security in the field of international cooperation is clearly evidenced by the intensification of state cooperation within the framework of regional associations in the field of information security, as well as the conclusion of a number of international agreements and the adoption of joint statements in this area. In accordance with the current legislation, the article defines the level and degree of information protection. The emphasis is on the latest changes in legislation on information, information technologies as a set of measures to prevent unauthorized use, abuse, changes in information, facts, data in the historical and legal aspect of ensuring information security of information systems.
Integrational law and supernational associations
Lyu K.A. - Key directions of development of supranational legal regulation of the EU digital space at the present stage pp. 61-75

DOI:
10.25136/2644-5514.2022.1.37674

Abstract: Within the framework of this article, an attempt is made to identify the most relevant trends in the field of improving supranational legal regulation of digital relations at the EU level. This has become the main goal of this study. To achieve this goal, relevant legal initiatives are analyzed in three main areas: within the framework of improving EU law in the field of cybersecurity and personal data protection; within the framework of the development of supranational regulation of digital (cloud) infrastructure; as well as within the framework of the formation of the legal framework for the creation of a single EU digital market. The object of the study was the social relations developing in the digital sphere at the supranational level within the framework of the European Union. The subject was proposals and initiatives to improve the supranational legal framework for regulating such public relations in modern conditions.    The scientific novelty of the study is that it is an attempt to comprehensively analyze the most relevant EU initiatives to improve the supranational legal framework for regulating public relations in the digital environment. In the Russian literature, the relevant processes have not yet been studied to the proper extent. Based on the results of the analysis, the conclusion is formulated that the current directions of improving the supranational legal regulation of the single digital space of the EU are represented by three main directions: 1) improvement of supranational regulation of the unified digital environment in terms of ensuring cybersecurity and personal data protection; 2) development of supranational legal foundations of a unified digital (cloud) infrastructure; 3) creation of supranational legal foundations of a single digital market.
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