Meždunarodnoe pravo最新文献

{"title":"Separate problems of extraterritorial executive jurisdiction of States in cyberspace.","authors":"Viktoriya Nikolaevna Tebenkova","doi":"10.25136/2644-5514.2023.4.68724","DOIUrl":"https://doi.org/10.25136/2644-5514.2023.4.68724","url":null,"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.","PeriodicalId":486730,"journal":{"name":"Meždunarodnoe pravo","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135773095","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":"The sanctions regimes of Germany and Great Britain in the field of international scientific cooperation with the participation of Russia: the political and legal nature and consequences","authors":"Mark Vladimirovich Shugurov, Yuliya Vadimovna Pechatnova","doi":"10.25136/2644-5514.2023.4.44106","DOIUrl":"https://doi.org/10.25136/2644-5514.2023.4.44106","url":null,"abstract":"The article undertakes a political and legal analysis of the complications in the scientific and technical cooperation of Russia with Germany and Great Britain. Particular attention is paid to the identification of the subjects of the introduction of anti-Russian sanctions regimes, as well as the substantive characteristics of the varieties of unilateral restrictive measures in the field of scientific cooperation. The authors dwell in detail on the disclosure of the correlation of legal and asiological aspects of the introduction of sanctions restrictions. It was important to compare the sanctions regimes of Germany and Great Britain in terms of the dynamics, subject composition and content of unilateral restrictive measures. The study proves that the invasion of foreign policy interests by Germany and Great Britain into bilateral international scientific cooperation means the decline of the former era of scientific diplomacy. The main conclusion of the work is the provision that the suspension of cooperation with Russia in the scientific field does not result from violations by our country of its legal obligations in the field of bilateral international scientific cooperation. The gap in cooperation at the institutional level is supplemented by the assumption of informal scientific communication. But overly politicized demands for the continuation of this cooperation violate the right to freedom of scientific research. The novelty of the study lies in the fact that for the first time in the framework of the subject area of research of scientific sanctions in a comparative way and in the context of modern theoretical developments, the content of the anti-Russian sanctions regimes of Germany and Great Britain, which are among Russia's main partners in the field of international scientific and technical cooperation, was revealed.","PeriodicalId":486730,"journal":{"name":"Meždunarodnoe pravo","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135771401","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}