Международное правоPub Date : 2022-03-01DOI: 10.25136/2644-5514.2022.3.38850
F. Panov
{"title":"EU Restrictive Measures with Respect to third States and their Residents (the Case of the Russian Federation)","authors":"F. Panov","doi":"10.25136/2644-5514.2022.3.38850","DOIUrl":"https://doi.org/10.25136/2644-5514.2022.3.38850","url":null,"abstract":"\u0000 The historical development of the practice of applying restrictive measures (sanctions) has led to a transition from the idea of their application against States to the concept of their application against individual private law entities. The article examines the historical practice of applying sanctions against Russia and the prerequisites for their application against private law entities. The author gives a general description of the restrictive measures of the European Union used against third States and individuals. In addition, the article examines the specifics of the restrictive measures of the European Union that have been in force against Russia since 2014, taking into account their significant expansion that occurred after February 24, 2022. The legal regulation of the European Union, which establishes restrictive measures against the Russian Federation, was significantly expanded and revised after the announcement by the President of Russia about the beginning of a special military operation in Ukraine. As a result of the analysis of this regulation, the author comes to the conclusion that at the moment there is a hybrid sanctions regime in the European Union, when targeted sanctions against individuals are combined with comprehensive restrictive measures against a number of sectors of the Russian economy. The article also assesses the compliance of restrictive measures of the European Union with modern concepts of \"smart\" and \"targeted\" sanctions, which, according to the supporters, should reduce the negative humanitarian consequences of the use of restrictive measures. Despite the official statements of the European Union, the article presents arguments that allow us to conclude that in practice such \"smart\" and \"targeted\" sanctions are accompanied by indiscriminate comprehensive restrictions that apply not only to sanctioned persons, but also, in principle, to any Russian persons.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114146714","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}
Международное правоPub Date : 2022-03-01DOI: 10.25136/2644-5514.2022.3.38691
R. Kolobov, E. O. Ganeva, A. V. Suvorova
{"title":"The Practice of Protecting World Natural Heritage Sites in Africa","authors":"R. Kolobov, E. O. Ganeva, A. V. Suvorova","doi":"10.25136/2644-5514.2022.3.38691","DOIUrl":"https://doi.org/10.25136/2644-5514.2022.3.38691","url":null,"abstract":"\u0000 The article presents an analysis of the practice of protecting World Natural Heritage sites \"Manovo-Gounda-Saint-Floris National Park\" (Central African Republic) and \"National Parks on Lake Turkana\" (Kenya). The most typical problems for African States in the preservation of unique natural sites are noted, the legal positions of the World Heritage Committee on the implementation of international obligations for the preservation of World Natural Heritage sites are considered, in which such problems are legally reflected. The problems of finding sources of financing for environmental protection activities in African countries, as well as the lack of human resources to ensure effective management of World Natural Heritage sites are highlighted. The approaches of the World Heritage Committee to the implementation of projects for the construction of hydroelectric power plants affecting the ecosystem of Lake Turkana are considered. The novelty of this work is predetermined by the shortage of specialized studies devoted to the fulfillment by foreign states of international obligations to protect world natural heritage sites in domestic legal science. The analysis of the experience of protecting World Natural Heritage sites in African countries allows us to summarize the conclusions significant for the Russian practice of protecting World Heritage sites, extrapolate them to the problems of protecting the World Heritage site \"Lake Baikal\", as well as formulate new proposals and approaches to improving environmental policy in this area. Noting the important role of the World Heritage Convention in the development of hydropower, there is an obvious need for the early formation of an international regulatory framework with border foreign states.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123063395","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}
Международное правоPub Date : 2022-02-01DOI: 10.25136/2644-5514.2022.2.37681
I. Anisimov, E. E. Gulyaeva
{"title":"The legislation of the Russian Federation in the field of language policy and international law","authors":"I. Anisimov, E. E. Gulyaeva","doi":"10.25136/2644-5514.2022.2.37681","DOIUrl":"https://doi.org/10.25136/2644-5514.2022.2.37681","url":null,"abstract":"\u0000 The subject of the study is the norms of the national law of the Russian Federation on the protection and preservation of languages, as well as the norms and principles of international law in this area. The object of the research of this article is the relations in the field of legal regulation of the protection and preservation of the languages of indigenous peoples and local communities. Based on comparative legal, formal legal and systematic research methods, the article presents an analysis of the legal foundations of language policy in Russia, as well as the provisions of international legal acts in the field of the protection of the languages of indigenous peoples and local communities, namely: the Declaration of Principles of International Cultural Cooperation of 1966, the UN Declaration on the Principles of International Law of 1970., The European Convention on Human Rights of 1950, the European Charter of Regional or National Minority Languages of 1992, as well as PACE resolutions and recommendations. The novelty of this study lies in the fact that the authors conducted a comprehensive analysis of the modern legal foundations of language policy in Russia. In the article, the authors consider in detail the concepts of \"national minorities\" and \"cultural values\" in accordance with the national legislation of the Russian Federation and international legal acts. The authors come to the conclusion that the Russian historical experience and modern practice of preserving the languages of national minorities, as well as the legal mechanism for the protection of languages provided for by the Constitution of the Russian Federation and other normative legal acts, in many ways surpasses the mechanism provided for by the European Charter. Thus, the exclusion of Russia from the Council of Europe will not negatively affect their protection and preservation within our state.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128088953","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}
Международное правоPub Date : 2022-02-01DOI: 10.25136/2644-5514.2022.2.37995
R. Kolobov, E. O. Ganeva
{"title":"Features of legal protection of some World Natural Heritage sites in Bulgaria","authors":"R. Kolobov, E. O. Ganeva","doi":"10.25136/2644-5514.2022.2.37995","DOIUrl":"https://doi.org/10.25136/2644-5514.2022.2.37995","url":null,"abstract":"\u0000 The subject of the research in the framework of this article is the practice of Bulgaria's fulfillment of international obligations to protect such natural heritage sites as the Pirin National Park and the Srebyrna Nature Reserve. The features of the development of the ecological state of the specially protected natural territories under study are considered, the problems of their legal protection are identified, and the main measures that have allowed preventing the degradation of unique natural complexes, in particular, the application of the management plan for specially protected territories in the Republic of Bulgaria, are analyzed. The issues concerning the boundaries of the World Heritage sites under consideration and the procedure for their determination are investigated, the possibility of extending the buffer zone regime to the territories excluded from the World Heritage site Lake Baikal is assessed. The analysis of the experience of cooperation between the authorities of the Republic of Bulgaria and the World Heritage protection system in relation to the Pirin National Park and the Srebyrna Nature Reserve allows us to recognize the effectiveness of interaction between national and international means of nature protection. Using the comparative legal method of research, it is concluded that the positive experience of Bulgaria can be applied in solving the problems of protecting the World Heritage site Lake Baikal, including the establishment of a requirement at the level of law to prepare management plans. Based on the results of the analysis, the authors formulated recommendations for improving the domestic regulatory framework in the field of protection of World Heritage sites.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125396584","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}
Международное правоPub Date : 2022-02-01DOI: 10.25136/2644-5514.2022.2.37945
V. Smirnov
{"title":"Actual problems of accountability and responsibility of officials of international judicial institutions","authors":"V. Smirnov","doi":"10.25136/2644-5514.2022.2.37945","DOIUrl":"https://doi.org/10.25136/2644-5514.2022.2.37945","url":null,"abstract":"\u0000 Currently, there are a number of problems of legal norms in the work of international judicial institutions, which are considered in this study. The object of scientific research is the legal basis for regulating the accountability and responsibility of officials of international courts and tribunals. The subject of the study is a general overview of the issues of accountability and responsibility of officials of international judicial institutions, and especially judges. The author examines in detail the existing problems of legal norms related to the above issues. The paper defines the terms \"responsibility\", \"accountability\", \"official\", examines the existing types of responsibility of officials of international justice bodies, procedures for bringing to justice. В Accountability of officials of international judicial institutions is extremely important, since international courts and tribunals in their activities often exceed the powers provided for them, introduce new \"norms\" of international law that contradict generally recognized norms, and sometimes the Statutes of these institutions. The paper also presents options for possible solutions to problems, in particular, the author suggests working out a transparent legal mechanism for holding officials accountable, providing the general public with access to statistics on the effectiveness of judges of international courts and tribunals, and continuing to further improve the \"transparency\" of both the judicial process and all activities of international judicial institutions.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123058300","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}
Международное правоPub Date : 2022-02-01DOI: 10.25136/2644-5514.2022.2.37947
Omar Kove
{"title":"Activities of the International Maritime Organization in the field of maritime safety","authors":"Omar Kove","doi":"10.25136/2644-5514.2022.2.37947","DOIUrl":"https://doi.org/10.25136/2644-5514.2022.2.37947","url":null,"abstract":"\u0000 The relevance of the study is due to the active activity of IMO in the field of ensuring the safety of navigation. The purpose of the study is to analyze this activity. Accordingly, the author analyzes the structure and objectives of the Organization, which are enshrined in the IMO Convention and considers the powers of the Maritime Safety Committee. The article also discusses current international legal acts adopted by IMO and regulating the range of issues related to the safety of maritime navigation. The subject of the study is the legal basis for the functioning of IMO in the field of ensuring the safety of maritime navigation. The object of the study is interstate relations in the field of international legal regulation of maritime safety. The methodological foundations of the research include general scientific and private scientific research methods, including: formal legal and comparative legal methods. The novelty of the research lies in the conclusions made by the author in the work. One of the main conclusions is the statement of the need to amend Article 15 of the IMO Convention in order to create for the Assembly the right to reject documents submitted by the Council. The author points to the need to expand the composition of the Council, through the adoption by States of amendments approved by Resolution A.1152 (32) of January 8, 2021. The peculiarity of some standards on the safety of maritime navigation adopted by IMO is the obligation of their implementation by all States. The author explains this fact for three reasons. Firstly, all IMO member States participate in the creation and amendment of international legal acts that enshrine standards of this kind, since they are part of the Maritime Safety Committee. Secondly, this approach excludes unequal conditions between States. Thirdly, it is aimed at reducing the number of States unwilling to adhere to the requirements established by maritime safety standards.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"239 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127534783","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}
Международное правоPub Date : 2022-01-01DOI: 10.25136/2644-5514.2022.1.37287
G. Shinkaretskaya, T. Rednikova
{"title":"Influence of the Arctic Council upon the formation of a single legal space in the Arctic Region","authors":"G. Shinkaretskaya, T. Rednikova","doi":"10.25136/2644-5514.2022.1.37287","DOIUrl":"https://doi.org/10.25136/2644-5514.2022.1.37287","url":null,"abstract":"\u0000 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.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130977235","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}
Международное правоPub Date : 2022-01-01DOI: 10.25136/2644-5514.2022.1.37271
G. Shinkaretskaya, A. Berman
{"title":"Cyber-attacks – an unlawful use of digital technologies","authors":"G. Shinkaretskaya, A. Berman","doi":"10.25136/2644-5514.2022.1.37271","DOIUrl":"https://doi.org/10.25136/2644-5514.2022.1.37271","url":null,"abstract":"\u0000 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.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126205757","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}
Международное правоPub Date : 2022-01-01DOI: 10.25136/2644-5514.2022.1.37236
M. Shugurov
{"title":"The Eurasian Development Bank as a mechanism of scientific and technological integration within the framework of EAEU: legal aspects","authors":"M. Shugurov","doi":"10.25136/2644-5514.2022.1.37236","DOIUrl":"https://doi.org/10.25136/2644-5514.2022.1.37236","url":null,"abstract":"\u0000 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.\u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129161764","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}
Международное правоPub Date : 2022-01-01DOI: 10.25136/2644-5514.2022.1.37674
Kirill Alekseevich Lyu
{"title":"Key directions of development of supranational legal regulation of the EU digital space at the present stage","authors":"Kirill Alekseevich Lyu","doi":"10.25136/2644-5514.2022.1.37674","DOIUrl":"https://doi.org/10.25136/2644-5514.2022.1.37674","url":null,"abstract":"\u0000 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. \u0000","PeriodicalId":284936,"journal":{"name":"Международное право","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134207181","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}