Ensuring the right to use the results of scientific progress in the context of the formation of new threats to human security and the problem of the circulation of dual-use technologies

Abstract

The subject of the study is international legal norms, documents of international organizations, as well as acts of domestic law that establish guarantees for ensuring the human right to use the results of scientific progress, as well as forming international legal mechanisms for the transfer of scientific knowledge and health technologies that can be used for military operations, as well as the implementation of terrorist and other illegal activity. The object of the study is public relations arising from the interaction of various subjects of international relations within the framework of the development of international legal mechanisms, as well as the adoption of documents defining the procedure for access to dual-use healthcare technologies. The purpose of the study is to develop proposals for the formation of international legal mechanisms aimed at ensuring a balance of public law guarantees for the realization of the human right to use the results of scientific progress and priorities in the field of human and state security. The research methodology is based on general scientific methods of cognition, including formal logical and situational, and private legal methods such as comparative legal, historical legal and formal legal. Technological advances are a fundamental condition for ensuring health protection, social assistance, as well as countering natural and intentional emergencies. However, a number of technologies (genomic editing, artificial intelligence, etc.) can be used to carry out acts of terrorism or conduct military activities. The introduction of international legal means aimed at increasing access to scientific knowledge or health technologies can lead to their uncontrolled use, forming a new threat to human and State security. The paper presents an analysis of international legal guarantees of ensuring the human right to health, as well as a systematized list of healthcare technologies with the possibility of dual-use. The article presents a list of international legal means to ensure control over the circulation of dual-use healthcare technologies. The authors have formulated a number of practical recommendations aimed at determining the regulatory content of the right to use the results of scientific progress in the context of modern challenges of technological development.