Organizational and Legal Models of International Scientific and Technical Cooperation in the Establishment and Operation of a Global Research Infrastructure in the Nuclear Field

Abstract

The study is caused by the need to identify advantages and disadvantages of different legal forms and models of international scientific and technical cooperation (ISTC), the possibilities of their application to megascience projects on the territory of Russia. The ISTC organizational and legal model with the use of existing framework international intergovernmental organizations or legal entities under national law and with the establishment of new special subjects can be schematically represented in the form of a four-level system. The first level includes the existing legal framework used to regulate the activities of an international intergovernmental organization or the national legislation of the State where the legal entity is established. The second level is represented by the internal law of an international intergovernmental organization or a local regulatory act issued by an “umbrella” structure. The third level consists of various memoranda of understanding. The fourth level is optional and it usually includes various bilateral agreements of the organization. The advantage of using the “umbrella” type organizational legal models is preconditioned by the readiness of the majority of their instruments and mechanisms that have already proven themselves in practice – they only need to be adapted to the specifics of a particular project – and the possibility to use them to implement a significant number of projects. The establishment of a special legal entity of a project type (international or national) is necessary to ensure a precise partners’ equity participation in the implementation of the project, their financial obligations and the governance structure that depends on them. Depending on the “legal environment,” the advantages of the international intergovernmental organization model include certain benefits, immunities and privileges, exemption from the jurisdiction of the host State on a number of issues, etc. A significant advantage is that it is much more difficult to subject international intergovernmental organizations to politically motivated unilateral restrictive measures (“sanctions”). The use of the legal entity established under national law can provide greater efficiency, flexibility and low administrative costs of the process. Moreover, exceptions from national law can also be envisaged for them.