Reference:
Tebenkova V.N..
Separate problems of extraterritorial executive jurisdiction of States in cyberspace.
// International Law. – 2023. – ¹ 4.
– P. 36-48.
DOI: 10.25136/2644-5514.2023.4.68724.
DOI: 10.25136/2644-5514.2023.4.68724
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Abstract: The emergence and active use of information and communication technologies, primarily the Internet, has led to the fact that States exercise such a type of extraterritorial executive jurisdiction as direct access to data stored on the territory of another State.
The implementation of such actions is permissible in the case when the data is publicly available or access is carried out with the consent of the State. More controversial is the situation when the data is obtained with the legal and voluntary consent of a person who has the legal authority to disclose them.
Indirect cross-border access to information carried out by sending a request to an information service provider obliging, according to national legislation, to disclose information about its subscribers, regardless of its actual location, can also be regarded as contrary to international law.
In this regard, States continue to be guided by requests for international legal assistance, which does not contribute to the effective investigation of crimes related to the use of ICT and does not take into account the nature of electronic evidence.
The deepening of international cooperation within regional associations leads to the risk of the formation of country clusters, within which there are necessary procedures for cooperation between participants, but which, in relation to other countries, are limited to "traditional" types of international cooperation that do not take into account the peculiarities of electronic evidence.
Thus, it is necessary to develop common standards for remote access to data located on servers and devices located on the territory of a foreign state. Such documents should define procedures and rules for obtaining the consent of a person with authority for cross-border data disclosure, expand universal international cooperation, including by recognizing the possibility of sending direct requests for the provision of certain information about subscribers to information service providers, establish mechanisms for disclosure by information service providers of data under their control, but stored on servers, located on the territory of foreign states.
Keywords: electronic evidence, extraterritorial access, extraterritorial enforcement jurisdiction, Extraterritorial jurisdiction, international law, cyberspace, jurisdiction in cyberspace, remote access, mutual legal assistance, evidence in cyberspace
References:
Ryngaert, C. (2023). Extraterritorial Enforcement Jurisdiction in Cyberspace: Normative Shifts. German Law Journal, 24(3), 537-550. doi:10.1017/glj.2023.24
Report of the Group of Governmental Experts on Advancing Responsible State Behaviour in Cyberspace in the Context of International Security ¹ A/76/135, 14 July 2021. Retrieved from https://daccess-ods.un.org/access.nsf/Get?OpenAgent&DS=A/76/135&Lang=R
Document A/61/10. Report of the International Law Commission on the work of its fifty-eighth session (1 May-9 June and 3 July-11 August 2006). Retrieved from https://legal.un.org/ilc/publications/yearbooks/russian/ilc_2006_v2_p2.pdf
Chernichenko S.V. (2003) International legal aspects of State jurisdiction. Ìoscow.
Convention on Cybercrime ETS ¹ 185 Budapest, 23.XI.2001. Retrieved from https://rm.coe.int/1680081580
Arab Convention on Combating Information Technology Offences, 2010. Retrieved from https://www.asianlaws.org/gcld/cyberlawdb/GCC/Arab%20Convention%20o
Reference:
Shinkaretskaya G.G..
The Problem of Defining a Cyber Attack
// International Law. – 2023. – ¹ 2.
– P. 10-21.
DOI: 10.25136/2644-5514.2023.2.40051.
DOI: 10.25136/2644-5514.2023.2.40051
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Abstract: The author discusses problematic aspects in terms of developing a definition of a cyber attack. It is noted that such illegal actions capable of disabling nuclear centrifuges, air defense systems and electrical networks, etc., undoubtedly pose a serious threat to national security. In fact, in their destructive power, cyber attacks are approaching armed action. There are no treaties or other normative documents in international law that can regulate international cooperation in the prevention and limitation of cyber attacks. A new comprehensive legal framework, both at the domestic and international levels, is needed to counter cyberattacks more effectively. The importance of using theoretical and legal developments in the field of information security in law-making activities is fixed. International efforts to regulate cyberattacks should begin with an agreement on the definition of cyberattack, cybercrime and cyberwarfare. This would lay the foundation for expanding international cooperation in the field of information exchange, evidence collection and criminal prosecution of persons involved in cyber attacks, and more importantly, for a new international legal act on cyber attacks. The author presents some recommendations for further improvement of legal measures to counteract epistemological wars.
Keywords: international legal regulation, information law, Internet, computer networks, national security, cybercrime, prevention of cyber attacks, cyber technology, information systems, cyber attacks
References:
IV Hague Convention on the Laws and Customs of War on Land with the Appendix: "Regulations on the Laws and Customs of War on Land" dated October 18, 1907 [Electronic resource]. Retrieved from https://doc.mil.ru/documents/quick_search/more.htm?id=11967448%40egNPA
Additional Protocol to the Geneva Conventions of August 12, 1949, concerning the protection of victims of international armed conflicts (Protocol I). Geneva, June 8, 1977 (with changes and additions) [Electronic resource]. Retrieved from https://constitution.garant.ru/act/right/megdunar/2540377/
Geneva Convention for the Protection of Civilian Persons in Time of War (Geneva, August 12, 1949) (Article 158) [Electronic resource]. Retrieved from https://constitution.garant.ru/act/right/megdunar/2540383/
Geneva Convention on the Treatment of Prisoners of War (Geneva, August 12, 1949) (Article 142) [Electronic resource]. Retrieved from https://constitution.garant.ru/act/right/megdunar/2540382/
Geneva Convention for the Amelio
Reference:
Duben A.K..
Principles of Legal Provision of Information Security in the System of Principles of International Law
// International Law. – 2023. – ¹ 2.
– P. 1-9.
DOI: 10.25136/2644-5514.2023.2.40089.
DOI: 10.25136/2644-5514.2023.2.40089
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Abstract: In the theory of law and branch legal sciences, sufficient attention has been paid to the issue related to legal principles, however, there are some problems that require doctrinal understanding. One of such issues is the place and role of the principles of legal provision of information security in the system of principles of international law. The author notes that legal principles determine the essence of the branch of law under consideration and, by virtue of their legal consolidation in the norms of a particular branch of law, have a generally binding meaning. This article discusses the principles of building an information security system. The complexity of building such a system lies in the need to consider protective measures in a complex, which should cover the legal, organizational and technical components. The article, based on the analysis of international normative legal acts and scientific and legal sources, identifies the main vectors of development of international and information law, considers external and internal threats in the information sphere, reveals the content of the basic principles of information security. The author concludes that in the context of global digital transformation and the need to build an information society, the problems concerning the definition of the fundamental principles of legal provision of information security are of particular importance. In this regard, the issue of scientific understanding of the system of these principles, their development and correlation with each other, as well as the impact on information legal relations becomes quite relevant.
Keywords: information society, legal support, transformation of law, new challenges, digitalization, theory of law, information law, the system of principles, international law, principles of law
References:
Theory of state and law: textbook for universities / edited by M.N. Marchenko. M.: Zertsalo, 2004. – 800 p.
Morozova L.A. Theory of state and law: textbook. 4th ed., reprint. and additional M.: Eksmo, 2010. – 510 p.
The International Covenant on Civil and Political Rights (Adopted on 12/16/1966 by Resolution 2200 (XXI) at the 1496th plenary session of the UN General Assembly) // Bulletin of the Supreme Court of the Russian Federation, No. 12, 1994.
International Covenant on Economic, Social and Cultural Rights (Adopted on 16.12.1966 by Resolution 2200 (XXI) at the 1496th plenary session of the UN General Assembly) // Bulletin of the Supreme Court of the Russian Federation, No. 12, 1994.
Universal Declaration of Human Rights (adopted by the UN General Assembly on 10.12.1948) // Rossiyskaya Gazeta, 10.12.1998.
UN General Assembly resolution A/RES/64/211 of December 21, 2009 "Creating a global cybersecurity culture and assessing national efforts to protect critical information infrastructures
Reference:
Svetskiy A.V..
Ensuring Safety and Environmental Protection During International Sea Transportation of Hydrocarbons
// International Law. – 2022. – ¹ 4.
– P. 12-22.
DOI: 10.25136/2644-5514.2022.4.39140.
DOI: 10.25136/2644-5514.2022.4.39140
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Abstract: The subject of the study is the norms of international law regulating the activities to ensure safety during the transportation of oil and petroleum products. Special attention is paid to the protection of the marine environment from pollution. The author analyzes the international legal documents regulating the protection of the marine environment during the transportation of oil and petroleum products by sea, the existing mechanisms to prevent the occurrence of possible accidents. Recommendations are given to improve the level of marine environment protection during the extraction and transportation of hydrocarbons. It is shown that liquefied natural gas has a number of environmental, commercial and energy advantages over other types of fossil fuels. Since a common cause of accidents that entail oil and petroleum product spills is the wear and tear of the equipment used in various cycles of production and transportation of both oil and LNG, it is concluded that proper monitoring of the technical condition of the equipment in operation, improvement of the legal framework in this area, as well as compliance with the requirements of legislation in order to identification of objects whose condition poses a threat to the environment.
It is noted that a special role in preventing the negative impact on the state of the environment during the transportation of petroleum products belongs to regional agreements on the protection of the marine environment, since in this case the issue has a more substantive character for each region. The article discusses various directions of using artificial intelligence to increase the level of safety of international sea transportation of hydrocarbons.
Keywords: LNG transportation, law, artificial intelligence, methane emissions, environmental protection, international law, marine pollution, shipping, oil pollution, marine protection
References:
Rusinov I.A., Chemeris O.S., Alekseenko N.V., Uami A. Development trends and regulatory problems in the natural gas sea transportation market // Economy. Computer science. 2022. Vol. 49. No. 2, pp. 294-307.
Kholopov K.V. International Transport Private law: textbook. manual. M.: Statute, 2010. – 700 p.
Gudev P.A. The 1982 UN Convention on the Law of the Sea: Strategic risks and opportunities for Russia // Paths to peace and security. 2019. No. 1(56). pp. 55-73.
Bazhanov S.V. The practice of applying international rules on sea cargo transportation and the problems of their unification // Problems of modern science and education. 2017. No. 26(108). pp. 74-79.
Brazovskaya Ya.E., Tsvetkova Yu.S. Legal regulation of maritime transport operations: textbook / Institute for the Study of Problems of Maritime Law. St. Petersburg: Academus, 2017. – 98 p.
Sobolevskaya E.Yu., Glushkov S.V., Levchenko N.G. Architecture of the intellectual system of organization of Arctic sea cargo transportation // Mod
Reference:
Novikov O.A., Nadtochii I.O..
Metaconfederation as a Subject of Global Law of the Future
// International Law. – 2022. – ¹ 4.
– P. 42-48.
DOI: 10.25136/2644-5514.2022.4.39203.
DOI: 10.25136/2644-5514.2022.4.39203
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Abstract: The subject of the study of the article presented by the authors are the subjects of that system of global regulatory regulation, which historically is called international law. The object of the study is a variety of connections that develop between the subjects of global relations, regulated on the basis of the principles and norms of the system of international law. The authors propose a gradual departure from the usual names adopted in the modern theory of international law, and, in particular, propose new definitions: "global law" and "metaconfederation". The definitions proposed by the authors are a reflection of the ongoing deep evolution of global relations and the process of the emergence of new subjects of these relations.
The novelty of the study lies in the authors' proposal of a new definition for the theory of international law: "metaconfederation". The study of the phenomenon of metaconfederations is, according to the authors, a promising vector for future scientific research. Global metaconfederations are the prototype of the main, if, in principle, not the only subject of the global law of the future.
The root "meta-" is a marker of the complexity of the internal structure of the subject of global law under study and its extraterritoriality. For its part, the use of the term "confederation" emphasizes the maximum freedom of the internal organization of the subjects of the global law of the future.
Keywords: state, practice, norm, lex, system, idea, princip, confederation, law, regulation
References:
Barshova O. A. Subjects of international law / O. A. Barshova, O. V. Ashcheva // Bulletin of scientific conferences.-2016.-No. 9-1. Science, education, society: based on the materials of the international. scientific-practical. conf., 30 Sept. 2016-Part 1.-Tambov, 2016.-S. 23-24.
Bobrov A.K. Gaddafi's foreign policy as a factor in the "Arab Spring" in Libya // Bulletin of St. Petersburg University. Oriental and African Studies, (3), 127-136.
Pischulin A.V. Weak or failed state // Moscow University Bulletin. Series 11: Law, publishing house Izd-vo Mosk. un-ta (M.), No. 5, p. 38-50.
Suyazova A.G. The problem of Kosovo in the conditions of "self-governing socialism" // Obozrevatel.-2022.-No. 7-8 (390-391), pp. 56-70.
Khasanov A. A. Theories of recognition of international legal personality / A. A. Khasanov // Journal of foreign legislation and comparative law.-2016.-No. 3.-S. 109-114.
Shafak I.M. Prospects for the development of the political system in Afghanistan under the new Taliban regime
Reference:
Magomedova O.S..
The concept of international legal policy of the state as a new twist in the development of sociological approach towards international law
// International Law. – 2021. – ¹ 4.
– P. 39-52.
DOI: 10.25136/2644-5514.2021.4.37058.
DOI: 10.25136/2644-5514.2021.4.37058
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Abstract: This article analyzes the concept of international legal policy of the state as the theory based on the sociological approach towards international law. The article traces the evolution of sociological concept of international law from the “Sociological Foundations of International Law” of Max Huber (1910 ) to such modern concepts such as the theory of interaction. The article examines the core theses of the concept of international legal policy of the state, which contribute to the development of sociological approach. According to this concept, each state implements the international legal policy for the purpose of influencing the content of the created, interpreted and applied international legal norms to legitimize the international legal positions and acts of the state in modern international law. It is suggested that the research of international legal practice of a particular state would allow determining the peculiarities of its national approach towards international law, assessing the implicit importance of its current stance on certain issues, and predicting further steps of international law. The conducted analysis allows systematizing the key provisions of the concept of international legal policy of the state, which did not receive due attention in the Russian legal doctrine. The determined peculiarities do not classify the concept to any particular vector of modern “sociological legal” research. Based on the formed characteristics of the concept, the author outlines prospects for its further development, taking into consideration modern international processes.
Keywords: development of international law, argumentative practice, French international legal scholarship, legitimation, will of state, national interests, micro-sociological theories, sociological approach, international legal policy, international community
References:
Hirsch M., Lang A. (eds) Research Handbook on the Sociology of International Law. Edward Elgar Publishing, 2018. 456 p. P.2.
Koskenniemi M. From Apology to Utopia: The Structure of International Legal Argument. Cambridge University Press, 2006. 704 p. P.17.
Koskenniemi M. International Legal Theory and Doctrine. Max Planck Encyclopedia of Public International Law [MPEPIL]. Para. E. – 2007.-URL: https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1618#law-9780199231690-e1618-div1-5 (data obrashcheniya: 1.12.2021).
Bianchi A. International Law Theories. An Inquiry into Different Ways of Thinking. Oxford University Press. 2016. 320 p. P.112.
Morton J. S., The Impact of ‘Politics Among Nations’ on International Law/ International Studies Notes. Vol. 24 (1), 1999. pp. 10–12.
Huber M. Die Soziologischen Grundlagen Des Völkerrechts/ Archiv Für Rechts-Und Wirtschaftsphilosophie. 1910. Vol. 4 (1). pp. 21–35.
Delbrück J., Max Huber’s Sociological Approach to Inter
Reference:
Kagramanov A.K..
The principle of equal rights and self-determination of peoples within the system of the fundamental principles of international law
// International Law. – 2021. – ¹ 1.
– P. 39-53.
DOI: 10.25136/2644-5514.2021.1.35071.
DOI: 10.25136/2644-5514.2021.1.35071
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Abstract: The subject of this research is the place and role of the principle of equal rights and self-determination of peoples within the system of the fundamental principles of international law. Analysis is conducted on the basic questions of the theory of international law – correlation between the principle of self-determination with other peremptory norms (jus cogens) and moral-ethical categories. Special attention is given to the problem of building a hierarchy of the fundamental principles of international law. A bias towards one of them leads to the disruption of the international system and order, and any attempts to extract a single link out of closely related principles of the international law are doomed to fail. The conclusion is drawn that multiple experts in international law try to build the system by extracting key link, which raises serious doubts. The author believes that all the principles of international law are interrelated and equal. The emerged at the turn of the XX – XXI centuries international legal concept of the “Responsibility to Protect” is of crucial importance. The concept interacts with the principle of respect for the human rights. The author concludes that universalization of human rights at the current stage of development of the international law can reveal the new aspects of the problems of state sovereignty and the right to self-determination. The author warns against the attempts to universalize human rights by giving priority, along with other principles. The author follows the logic of correlation of the principle of self-determination with other fundamental principles of international law such as: nonintervention in the internal affairs and non-use of force or threat of force, sovereignty, peaceful settlement of disputes by all means known to international law, cooperation between states and diligent discharge of obligations in accordance with the international law underlie the solution to the problem of self-determination; if various aspects of this problem extend beyond a single state, then acquire international scale.
Keywords: inviolability of borders, ñïðàâåäëèâîñòü, responsibility to protect, human rights, territorial integrity, self-determination, principles of international law, International law, peaceful settlement of disputes, international relationship
References:
Korbut L.V. Otvetstvennost' za zashchitu kak garantiya prav cheloveka v mezhdunarodnom prave. «Evraziyskiy yuridicheskiy zhurnal». 2012. ¹10. S.49.
Evans G.Y. The responsibility to protect: ending mass atrocity crimes once and for all. Washington. 2008. P.40
Smorgunov L.V. V poiskakh upravlyaemosti: kontseptsii i transformatsii gosudarstvennogo upravleniya v XXI veke. SPb., 2012. S. 330.
Bekyashev K.A. Mezhdunarodnoe publichnoe pravo. Uchebnik. M., 2019. S. 78
Kuznetsov V.P., Tuzmukhammedov R.A., Ushakov N.A. Ot dekreta o mire k Deklaratsii mira. M., 1972. S. 54.
Arechaga E.Kh. Sovremennoe mezhdunarodnoe pravo. M., 1983. S. 169-170.
Marusin I.S. O sootnoshenii printsipa nerushimosti granits i prava narodov na samoopredelenie. «Pravovedenie». 2014. ¹1. S. 109-119.
Tolstykh V.L. Kurs mezhdunarodnogo prava. M., 2018. S. 159.
Baskin Yu.Ya., Fel'dman D.I. Istoriya mezhdunarodnogo prava. M., 1990. S. 110-111.
Drobnitskiy O.G. Problemy nravstvennosti. M., 1977. S. 17-18.
Istoriya politicheskikh i pravovykh ucheniy. Uchebnik dlya v
Reference:
Shestakova K.D., Wissenberg A.S..
Evolution of discourse on fragmentation of international law
// International Law. – 2020. – ¹ 1.
– P. 29-49.
DOI: 10.25136/2644-5514.2020.1.29871.
DOI: 10.25136/2644-5514.2020.1.29871
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Abstract: In this article the authors examine the development of modern international law in terms of the discourse on fragmentation, and set the following goals: 1) determine the phenomenon of “fragmentation” and systematize the reasons for the emergence of discourse on fragmentation; 2) trace the evolution of scientific views upon fragmentation as a phenomenon; 3) considering the currently prevalent views upon the mechanism of development of international law, as well as prevention and settlement of conflicts of norms within international law, repeatedly assess some traditional examples of “fragmentation” as the logical processes or processes posing a threat to the integrity of international law. As the examples, the article analyzes such classical disputes as the Decision of the Appeals Chamber of the International Criminal Tribunal for the. Former Yugoslavia in the case of Dusko Tadic, as well as decision of the UN International Court on Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), series of cases regarding MOX plant, CME and Lauder v. Czech Republic, and others. It took almost a quarter of century for the science of international law – since the beginning of discussion of fragmentation until the “farewell” with fragmentation – to accept itself as an integral, but flexible legal system over again. The conclusion is made that the discourse on fragmentation and utilization of the term “fragmentation” had a so-called therapeutic effect for the theory of international law, allowing it to shift the focus, reassess and reconsider itself as a system that existed in all diversity and multiplicity of actors engaged in the process of its creation and application.
Keywords: Institutional Fragmentation, System of International Law, Fragmentation, Modern International Law, Procedural Fragmentation, Fragmentation of International Law, Substantive Fragmentation, Theory of International Law, International Law, Public International Law
References:
Peters A. The refinement of international law: From fragmentation to regime interaction and politicization // International Journal of Constitutional Law. 2017. N 15 (3). P. 703
Pauwelyn J. Adding Sweeteners to Softwood Lumber: The WTO–NAFTA “Spaghetti Bowl” is Cooking // Journal of International Economic Law. 2007. N 9(1). P. 197
Opinion and Order of the Extraordinary Challenge Committee. In the Matter of Certain Softwood Lumber Products from Canada, Secretariat File No. ECC-2004-1904-01USA, 10 August 2005. URL: https://www.nafta-sec-alena.org/Home/Dispute-Settlement/Decisions-and-Reports (data obrashcheniya: 30.12.2019)
Sm.: United States — Final Dumping Determination on Softwood Lumber from Canada. URL: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds264_e.htm (data obrashcheniya: 30.12.2019)
Buffard I., Crawford J., Pellet A. and Wittich S. International Law between Universalism and Fragmentation / Festschrift in Honour of Gerhard Hafner. Brill, 2009. P. 116.
Ronald S. Lauder v The Czech Rep
Reference:
Sazonova K.L..
Pacifism and disarmament as the key paradigms of international law: unobtainable utopia or vital necessity?
// International Law. – 2019. – ¹ 1.
– P. 1-17.
DOI: 10.25136/2644-5514.2019.1.27213.
DOI: 10.25136/2644-5514.2019.1.27213
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Abstract: The subject of this research is the pacifist doctrine, since its origination until the present day. Emphasis is made on the direct impact of pacifist views upon the establishment of the current public international law. The representatives of peacekeeping organizations of the XIX century assumed that warfare as a form of settling political contradictions will soon and inevitably become outdated. However, the end of the second decade of the XXI century is characterizes by not only multiple armed conflicts, but also occurrence of the new, much more refined forms of military confrontation. Examination of the aforementioned questions, as well as an attempt to discern global trends in the area of international security, which determine the future of international law, served as a leitmotif for this publication. The authors highlight the key stages in establishment of the pacifist doctrine, as well as consider the question of which institutions and branches of the current international law are affected the most by pacifism. The article also examines the fundamental issues of military sphere impeding the practical implementation of the ideals of pacifism within modern international relations. The most indicative manifestation of the pacifist doctrine in international law is the subject of disarmament; therefore, particular attention in the article is given namely to the key problems of its implementation.
Keywords: weapon of mass destruction, states, peace, war, use of force, international law, disarmament, pacifism, nuclear weapon, conflicts
References:
Organizatsiya Ob'edinennykh Natsiy. Voprosy razoruzheniya. URL: http://www.un.org/ru/peace/disarmament/ (data obrashcheniya: 22.08.2018)
Rossiya prizvala ne speshit' s yadernym razoruzheniem. Izvestiya. 14 iyunya 2018. URL: https://iz.ru/755285/2018-06-14/rossiia-prizvala-ne-speshit-s-iadernym-razoruzheniem (data obrashcheniya: 22.08.2018)
Obzor yadernoy politiki SShA-2018. URL: https://www.defense.gov/News/Special-Reports/0218_npr/ (data obrashcheniya: 22.08.2018)
Weiler J. Preface The European Journal of International Law. Vol. 24. No. 113. 2005.
Iskusstvennyy intellekt protiv machete: Bill Busbi o voynakh budushchego. Mezhdunarodnyy komitet Krasnogo Kresta. 29 iyunya 2017. URL: https://www.icrc.org/ru/document/iskusstvennyy-intellekt-protiv-machete-bill-busbi-o-voynah-budushchego (data obrashcheniya: 22.08.2018)
Stein T. Coalition Warfare and Differing Legal Obligations of Coalition Members Under International Humanitarian Law. In A.E.Wall (ed.) Legal and Ethical Lessons of NATO's Kosovo Campaign. US Naval War College Internation
Reference:
Abashidze A.K..
Current problems and paradoxes in the interstate relations and role of international law in their solution
// International Law. – 2017. – ¹ 4.
– P. 1-16.
DOI: 10.25136/2644-5514.2017.4.24006.
DOI: 10.25136/2644-5514.2017.4.24006
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Abstract: The characteristic feature of the current stage of development of humanity is globalization, which affects all spheres of human life. Scientists are talking about the impact of globalization upon the sovereignty of states and, therefore, the revision of such legal categories as lawfulness, legitimacy and constitutionalism. There is also noticed discrepancy in understanding of the essence of globalization and its consequences, both positive and negative, for international relations. The international community, represented by its global control organizations cannot find the ways and means for overcoming the issues of global nature. The article explores the scope of contemporary problems in interstate relations and the importance of international law in their solution. The United Nations proved its capability to be a center for agreeing the actions of sovereign states, as well as manifest as a universal instrument of collective security. It has no alternative under the circumstances when the key role in resolution of various issues of international relations is assigned to the sovereign states. Thus, there is drawn unambiguous conclusion: the UN member-states must demonstrate the political will in order to “transform” the United Nations into a more efficient organization that meets the demands of current development in the context of the increasingly intertwined world.
Keywords: European Union, UN, current threats, human rights, international law, international relations, Globalization, NATO, BRICS, Politics
References:
Pravo Evropeyskogo soyuza: uchebnik i praktikum dlya bakalavriata i magistratury / Pod. red. A.Kh. Abashidze, A.O. Inshakovoy. M.: Izdatel'stvo Yurayt, 2016;
Organizatsiya Ob'edinennykh Natsiy i zashchita prav cheloveka: Monografiya / Pod red. A.Kh. Abashidze. M.: RUDN, 2009.
Murphy C.N. International Organization and Industrial Change: Global Governance Since 1850. Cambridge: Polity Press, 1994.
Abashidze A.Kh. Diplomaticheskoe i konsul'skoe pravo: uchebn. posobie / A.Kh. Abashidze, I.A. Chistokhodova. M.: RUDN, 2015.
Mezhdunarodnoe kosmicheskoe pravo: uchebnik / pod red. G.P. Zhukova, A.Kh. Abashidze. M.: RUDN, 2014.
Abashidze A.Kh., Solntsev A.M., Sotnikov F.I. Mezhdunarodnoe ekologicheskoe pravo: Sbornik dokumentov. Vyp. I. Osnovnye dokumenty OON. – M.: RUDN, 2008.
Headley J.M. The Europeanization of the World. Princeton: Princeton University Press, 2008.
Finbow R. The Limits of Regionalism: NAFTA's Labour Accord. Aldershot: Ashgate. 2006.
Vystuplenie V.V. Putina i diskussiya na Myunkhenskoy konferentsii po voprosam polit
Reference:
Rouvinsky R.Z..
Manifestation of the "Just War Doctrine" (bellum justum) and the "Unjust Enemy"Concept (hostis injustus) in the modern international law
// International Law. – 2016. – ¹ 1.
– P. 1-12.
DOI: 10.7256/2306-9899.2016.1.16948.
DOI: 10.7256/2306-9899.2016.1.16948
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Abstract: This article examines the return of the “just war doctrine” (bellum justum) and the concept of “unjust enemy” hostis injustus) with regards to the contemporary international law. The research consists of two parts: in the first part the just war ideas’ history, theories of St. Agustine, Thomas Aquinas and Francisco de Vitoria are examined; the second part is devoted to the manifestation of the just war ideas in the contemporary international law and international relations. This work is based on the methods of analysis, synthesis, analogy, method of historical and political interpretation of law, as well as method of the formal interpretation of law. It develops the ideas of such scientists, as Carl Schmitt, Alain de Benoist and China Miéville. The author comes to a conclusion about the deep transformations and crisis of the current international legal order, outdating of the old restrictive rules and return of the forgotten political-legal concepts, as well as legal principles and norms.
Keywords: War, Legitimacy, International relations, Legal order, Sovereignty, Humanitarian intervention, Francisco de Vitoria, St. Augustine, Thomas Aquinas, Kant
References:
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Rezolyutsiya Soveta Bezopasnosti OON ot 17 marta 2011 goda ¹ 1973 (2011) // URL: http://www.un.org/ru/documents/ods.asp?m=S/RES/1973%282011%29.
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Reference:
Shugurov M.V..
International legal cooperation in the area of human rights and liberties: pluralism of doctrinal foundations
// International Law. – 2015. – ¹ 3.
– P. 1-90.
DOI: 10.7256/2306-9899.2015.3.16062.
DOI: 10.7256/2306-9899.2015.3.16062
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Abstract: The subject of this research is the idealistic processes within the conceptual dimension of international legal cooperation in the area of human rights. The author explores the experience of doctrinal conventionalism in a bipolar world. A special attention is given to the analysis of discussions regarding the source of the human rights and liberties – human dignity – within international legal perspective. The author analyzes the institution of resolution of disputes on interpretation of the positions of international conventions on human rights as an instrument of introduction of definiteness into the international legal positions and optimization of international cooperation. Among the main conclusions is the position on the need to harmonize the diverse doctrinal positions as a necessary condition for improving the efficiency of international legal cooperation in the area of ensuring protection and respect of the internationally recognized human rights and liberties. The scientific novelty consists in the substantiation of the need for actors of international legal defense community to give more attention to the transition towards consensually agreed upon pluralism of different concepts of human rights, which is needed in order to strengthen the internationally recognized human rights as a foundation for sustainable development.
Keywords: international organizations, domestic law, conceptual pluralism, cooperation of states, human dignity, international law, globalization, sustainable development, consensus, legal diversity
References:
Hopgood S. The Endtimes of Human Rights. Ithaca, New York, 2013.
Moyn S. The Last Utopia: Human Rights in History. Cambridge, 2012.
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Reference:
Gorian E..
Islamic concept of human rights and progressive development of international law
// International Law. – 2015. – ¹ 3.
– P. 91-101.
DOI: 10.7256/2306-9899.2015.3.16216.
DOI: 10.7256/2306-9899.2015.3.16216
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Abstract: The subject of this research is the fundamental ideas and principles of Islam, which form the theory of human rights contained in both, its sources (Quran, Sunnah, Ijtihad, etc.), as well as in international legal acts of regional nature. The purpose of this work is to assess the possibility of Islam’s effect upon the progressive development of international law, which depends first and foremost on the civilizational peculiarities of the subjects that influence the ability and nature of cooperation in resolution of global problems faced by humanity. The main conclusions of the conducted research confirm the need to use culturological specificity of the world’s legal systems, including Islamic, in the future progressive development of international law. The author substantiates this position by the growing role in supporting international legal order of nations representing cultures, which due to historical reasons could not impact the development of norms and institutions of international law at the beginning of its formation.
Keywords: sociology of law, progressive development of law, culturological concept of law, jus gentium, Islam, clash of civilizations, concept of law, human rights, Islamic Law, legal source
References:
Antipenko V. F. Konfliktologiya v mezhdunarodnom antiterroristicheskom pravotvorchestve [Tekst] : monografiya / V. F. Antipenko, A. V. Antipenko.-Odessa : Fen³ks, 2014. – 395 s.
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Merezhko A.A. Problemy teoriii mezhdunarodnogo publichnogo i chastnogo prava [Tekst] : monografiya / A.A. Merezhko. – K. : Yustinian, 2010. – 320 s.-na ukr. yazyke
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Reference:
Babin B..
Programmatic Regulation in the Modern International Law
// International Law. – 2013. – ¹ 3.
– P. 1-35.
DOI: 10.7256/2306-9899.2013.3.9302.
DOI: 10.7256/2306-9899.2013.3.9302
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Abstract: Article is devoted to the theoretical and practical problems of the phenomenon of the program regulation of the international relations. There proved that the application of the programmatic regulation of international legal relationships became one of the distinguishing features in formation of modern international law. The specialties of the phenomenology of the international legal programming in the historical, axiological and ontological aspects are analyzed. The international programs are looked in a context of the form of controlling norms, in particular, within the framework of bilateral intergovernmental legal relationships, external and internal organizational-legal activity of international organizations of the global and regional measuring; so with distinguishing the regalement acts in the field of the international legal programming. There are investigated the aspects of evolution of the use of programmatic acts, as regulators of international relations, general normative peculiarities of programmatic regulation, specific nature of such international regulation in the conditions of sustainable development and modernization. Also the question of preconditions of input of programmatic regulation in the international law, in the context of problem of sources and forms of international law and program character of international legal norms is looked at. The specifications of the program potential of the international legal relations in the frames of the current international legal doctrine are distinguished at. There is proved that the practice of the international programming can be recognized as supernational in fact it touches upon both aspects of intergovernmental collaboration and questions of actions of internal actors of the states within the framework of their national jurisdiction. A general conclusion is made that the programmatic regulation became important component part of the international legal regulation today. That’s why a thesis about the international programs, as the special source of international law, though requires an additional discussion, but is considered by the author productive enough and perspective.
Keywords: intergovermental program, multilateral program, bilateral program, interstate program, programmatic implementation, international program, international law norms, international law forms, international organizations, programatic legal regulation
References:
Ispolnenie programm OON v dvukhgodichnyy period 2004–2005 godov : Doklad ot 20 aprelya 2006 g. A/61/64 na 61-y sessii GA OON, p. 117, Planirovanie po programmam. – N'yu-York : OON, 2006. – 332 s.
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