Международное право最新文献

{"title":"Information security in the Union State: the universal legal dimension","authors":"A. K. Duben","doi":"10.25136/2644-5514.2024.1.69960","DOIUrl":"https://doi.org/10.25136/2644-5514.2024.1.69960","url":null,"abstract":"\u0000 The subject of the study forms a set of legal norms of normative legal acts of the Russian Federation, the Republic of Belarus and the interstate association of the Union State of the Russian Federation and the Republic of Belarus, international treaties(agreements) regulating public relations in the field of information security, law enforcement practice, foreign experience of legal regulation, as well as provisions theoretical interdisciplinary research in this field. The object of the study is public relations related to the legal provision of information security in the Union State. The Russian Federation and the Republic of Belarus in the context of new challenges and threats, as well as digital transformation and geopolitical changes. The analysis indicates a certain experience of scientific research in this field. At the same time, in the context of significant changes in socio-economic and foreign policy conditions, new challenges and threats, multi-vector scientific research in the information and legal sphere is necessary. The methodological basis of this study is a system of modern general scientific and private law methods. The study of the formation, development, place and role of the legal provision of information security of the Union State of the Russian Federation and the Republic of Belarus was conducted using the following general scientific methods: analysis and synthesis, abstraction and modeling, generalization, description, etc. The main conclusions of this study were the following proposals, it is necessary to develop and approve the conceptual framework for the legal provision of information security for the development of regional interstate cooperation within the framework of the Union State of the Republic of Belarus and the Russian Federation. This is important for solving the tasks of ensuring national and international information security, implementing agreements within the framework of regional interstate associations and further forming a system of universal public law mechanisms for ensuring information security. At the same time, the strategic legal acts of the Union State in the field of information security are dynamic in nature due to changes in social and political relations, including at the international level. There is a growing tendency to perceive the information space not only as an area requiring the use of exclusively protective measures of influence, but also involving active offensive measures to the extent necessary to protect national interests.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"103 5-6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140517151","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Forms of Compensation for Harm in Public International Law","authors":"Sergei Mikhailovich Belozertsev","doi":"10.25136/2644-5514.2023.3.39612","DOIUrl":"https://doi.org/10.25136/2644-5514.2023.3.39612","url":null,"abstract":"\u0000 The study of the problems of international legal responsibility as one of the basic elements of international legal regulation is of particular importance due to the fact that the subjects of international law, taking advantage of the dispositivity and consensual nature of its norms, abuse them in their own interests, often seriously infringing the interests of their international partners. The institution of international legal responsibility is one of the earliest forms of interstate relations that arose long before the formation of public international law as a legal system. The article discusses the forms of compensation for harm in public international law. The property and non-property forms of compensation for harm are highlighted. The key characteristics of international legal responsibility are defined, such as compensation for harm, as the most effective sanction for unlawful actions, and restoration of the violated rights and interests of the victim. The analysis of the order and consequences of the application of forms of international legal responsibility is given. The institute of international legal responsibility is very extensive, we have considered only some of its part concerning the forms of international legal responsibility. Forms of international legal responsibility can be of a property and non-property nature. Property forms of liability include: restitution, compensation, satisfaction. Non-property forms of responsibility include: retorsions and reprisals. As a result of the conducted research, it is concluded that the forms of liability are most effective when they are combined when several property forms of liability (for example, restitution and compensation) are used together with non-property forms of liability. It is noted that non-property forms of liability are the most effective in terms of influencing the reputation of the harm-doer, due to their publicity.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115130267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"International legal aspects of the construction and operation of the «Baku-Tbilisi-Ceyhan» oil pipeline","authors":"Latif Rustam Mammadov","doi":"10.25136/2644-5514.2023.3.43476","DOIUrl":"https://doi.org/10.25136/2644-5514.2023.3.43476","url":null,"abstract":"\u0000 The purpose of this article is to analyze the legal acts that make up the legal basis for the construction and operation of the main oil export pipeline \"Baku-Tbilisi-Ceyhan\", passing through the territory of such states of the region as Azerbaijan, Georgia and Turkey. These legal acts involve two types of agreements. The first type is international treaties that are made between the countries in the region. The second type is host government agreements that are made between the governments of the states and operational partners. The methodological basis of the study is the following theoretical methods of cognition: analysis, synthesis, induction, deduction, analogy, as well as special methods of cognition of legal phenomena and processes: comparative legal and formal legal. The article reveals the main elements of the Agreement between the Republic of Azerbaijan, Georgia and the Republic of Turkey relating to the transportation of petroleum via the territories of the Republic of Azerbaijan, Georgia and the Republic of Turkey through the Baku-Tbilisi-Ceyhan main export pipeline and the Agreement between Kazakhstan and Azerbaijan on supporting and facilitating the transportation of oil from the Republic Kazakhstan through the Caspian Sea and the territory of the Republic of Azerbaijan to international markets through the Baku-Tbilisi-Ceyhan pipeline, which ensured the connection of Kazakhstan to this oil pipeline. According to the author, the applied mechanism for regulating the construction and operation of an international pipeline project by acts of a public law and private law nature is effective, since it allows considering the interests of entities of various statuses interested in the project implementation: states and operational partners (investors).\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128254887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"International standards of customs control regulation: modern assessment","authors":"S. Agamagomedova","doi":"10.25136/2644-5514.2023.3.40951","DOIUrl":"https://doi.org/10.25136/2644-5514.2023.3.40951","url":null,"abstract":"\u0000 The subject of the study is the system of international standards regulating customs control, their impact on national legislation and law enforcement practice of customs control. The author examines the existing international treaties in the field of customs regulation, among which there are general and special acts dedicated to the regulation of customs control. Two main objectives of the development and adoption of such standards in the field of customs control are outlined: the unification and harmonization of customs control regulation and the establishment of a minimum for such regulation. Special attention is paid to the principles of customs control, which are reflected in international treaties, in particular in the Kyoto Convention. The author also assesses the impact of international customs control standards on national regulation and law enforcement in the context of increased sanctions pressure on Russia. The main conclusions based on the results of the study are the following provisions: 1.International standards of customs control regulation have a significant impact on national customs legislation, and in the context of economic integration – on the level of integration regulation of customs control. 2.The goals of developing universal standards for regulating customs control in the world are: maximum convergence of national regulation in various countries, including through the establishment of customs control principles; establishment of a minimum level of regulation of customs control. 3.International treaties on the regulation of customs control are differentiated into acts of a general nature (for example, the Kyoto Convention) and acts of a special nature (for example, the TRIPS Agreement). 4.There are three main methods of the modern customs control system in accordance with the Kyoto Convention: risk management, audit and information technology. 5.The institution of customs control under sanctions is being transformed and used by the state selectively in relation to various countries.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131089680","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Some elements of the legal personality of an individual in private international law","authors":"Viktoriya Vladimirovna Belozertseva","doi":"10.25136/2644-5514.2023.3.43426","DOIUrl":"https://doi.org/10.25136/2644-5514.2023.3.43426","url":null,"abstract":"\u0000 This article is devoted to the study of the elements of the legal personality of an individual in private international law, the problems and features of conflict of laws regulation are identified and its characteristics in Russian private international law are given. The conducted research made it possible to identify a number of problems of conflict regulation, in particular, the use of different terminology in states regarding the same legal phenomenon, different understanding, interpretation and qualification of concepts. Such problems are inevitable due to the existence of different legal systems. It is possible to overcome this with the help of conflict-of-laws regulation, however, it does not solve all the issues and discrepancies that arise. The conflict of laws regulation of the legal personality of individuals differs in the following characteristic features: the legal personality of an individual is determined by his personal law; there are two rules of personal law – the law of citizenship and the law of residence, the law of citizenship is applied as a general rule, the law of residence regulates the legal personality of those persons in respect of whom it is difficult to find out with a certain degree of certainty the legal connection with the state on the basis of citizenship; when determining the procedure and grounds for limiting legal capacity recognizing a citizen as unfit or incapacitated, Russian law is applied, i.e. the legislator uses unilateral conflict of laws rules.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120908858","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Unilateral Sanctions in the Context of Modern International Law","authors":"Daria Egorovna Aleksandrova","doi":"10.25136/2644-5514.2023.3.38737","DOIUrl":"https://doi.org/10.25136/2644-5514.2023.3.38737","url":null,"abstract":"\u0000 The author discusses the modern international legal framework governing the application of sanctions. The author focuses on the following issues: international and regional sanctions in the context of the UN Charter, restrictions on sanctions regimes, sanctions in humanitarian law, the legitimacy of unilateral economic sanctions. The methodological base of this work is a systematic approach, which allows to consider sanctions as part of the modern international legal system. As a result of the study, it was revealed that within the framework of the existing international legal system, only the UN Security Council is authorized to impose sanctions in order to ensure global peace and security. The resolutions of the UN Security Council on the issue of the application of restrictive measures are dominant in comparison with the decisions of other international bodies and the obligations of member countries under international treaties. The legitimacy of applying regional sanctions is limited by the statutes of regional organizations. The novelty of the study lies in a comprehensive consideration of the reasons why unilateral sanctions are a violation of international law. Unilateral economic restrictions violate the free trade regime of the WTO and the principle of non-discrimination that underpins the GATT. They represent a violation of the fundamental principles of sovereign equality, as well as the principle of non-interference in the internal affairs of other states. As a result of the application of economic sanctions by certain states, extraterritorial jurisdiction is manifested, which creates a dangerous precedent for international law.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"86 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120923983","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Some problems related to the supervision of the activities of the International Criminal Court","authors":"Viktor Vyacheslavovich Smirnov","doi":"10.25136/2644-5514.2023.3.40921","DOIUrl":"https://doi.org/10.25136/2644-5514.2023.3.40921","url":null,"abstract":"\u0000 The article deals with the problems related to the supervision of the activities of the International Criminal Court, including some aspects of the activities of one of the mechanisms of control and supervision of the work of the International Criminal Court – the Independent Oversight Mechanism. The author examines in detail how the activities of the ICC affect the interests of the Russian Federation and other countries, and also analyzes the possibilities for the state to monitor and supervise the activities of the ICC if the ICC Statute has not been ratified and the country is not a State party. The author considers the recommendations made by the expert group concerning the work of the Independent Oversight Mechanism. The object of the study is the social relations developing in the field of activities of officials of international criminal justice bodies related to the work of an Independent oversight Mechanism. Topics related to the responsibility of officials of international judicial institutions, their accountability, as well as the control and supervision of their activities have been little studied. Meanwhile, although Russia is not a State party to the ICC Statute, nevertheless, the judicial acts of this international judicial body have an impact on the reputation of the state. The author comes to conclusions, firstly, about the need to develop scientific thought in this direction, in order to increase the effectiveness of protecting state interests, and secondly, about the possible consideration of an initiative to create an independent monitoring mechanism that would function within the framework of the UN Security Council.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125841973","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Protection of foreign investments during economic crises.","authors":"Angelina Alekseevna Grebenskaia, Andrey A. Tikhomirov","doi":"10.25136/2644-5514.2023.2.40420","DOIUrl":"https://doi.org/10.25136/2644-5514.2023.2.40420","url":null,"abstract":"\u0000 Foreign investments play a crucial role in overcoming the economic crisis in individual States, especially if such a crisis is systemic in nature, and domestic entities lack resources that could be attracted to the economy. In this case, foreign investment is often the only way to restore the normal development of the socio-economic sphere. At the same time, in crisis situations, foreign investors themselves require special protection, which in this case are exposed not only to commercial risk (such risk is \"normal\", and no one is responsible to the investor for it), but also to \"political\" risk (which is usually inextricably linked with economic), if, for example, an economic crisis leads to a revolution, a coup, or simply a tightening of economic policy, within the framework of which enterprises are nationalized, including those created at the expense of foreign investment.   The currently existing international legal mechanisms, primarily insurance of \"political\" risk, do not solve the problem due to the fact that it is difficult for insurance companies to receive compensation from sovereign states by way of subrogation. Thus, the importance of national legislation increases - the norms of which should form the investment attractiveness of the state and give foreign investors confidence in protecting their rights even in a situation of economic crisis, for example, in Russia tax benefits are provided for foreign investors in case of adverse changes in the tax burden (the institute of \"tax stability\") in accordance with Article 9 of the Federal Law \"On foreign investments\".\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129030385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal and institutional mechanisms of cooperation in the field of combating terrorism within the framework of the Shanghai Cooperation Organization","authors":"Shakhrukh Shavkatovich Yadgarov","doi":"10.25136/2644-5514.2023.2.40437","DOIUrl":"https://doi.org/10.25136/2644-5514.2023.2.40437","url":null,"abstract":"\u0000 The article examines the activities of the Shanghai Cooperation Organization in the field of coordinating the activities of the member states in the fight against terrorism. The author considers the complex use of various international legal instruments tested in practice in the fight against terrorist crime. The theoretical basis of the study is the research of A.A. Sinyakina, E. Umarakhunova, E.A. Chernyadeva. To determine the main instruments in the fight against terrorism, were analyzed international legal documents adopted at the SCO summits, in particular the Shanghai Convention on Combating Terrorism. In addition, as an example, were considered the structure and operation of the Regional Anti-Terrorist Structure established by the SCO. Based on the results, it is concluded that the Shanghai Cooperation Organization is one of the most effective organizations in the field of combating terrorism due to the presence of specialized structures, such as RATS, and various legal documents.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127771157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Principles of Legal Provision of Information Security in the System of Principles of International Law","authors":"A. K. Duben","doi":"10.25136/2644-5514.2023.2.40089","DOIUrl":"https://doi.org/10.25136/2644-5514.2023.2.40089","url":null,"abstract":"\u0000 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.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"178 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122930498","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}