Problems Of International Law Research Articles

Rekrutmen Private Military Contractors Yang Dilakukan Negara Dibolehkan Dalam Hukum Internasional

Introduction: Private Military Contractors (PMC) are former military personnel employed by private military companies or what are known as Private Military Companies/Private Military Contractors (PMC). The widespread use of military contractors in armed conflicts such as the one in Iraq has raised problems in international law, especially international humanitarian law related to the use of military contractors. The involvement of its members in armed conflicts often results in unclear status in International Humanitarian Law, with many assuming that PMCs are the same as paid soldiers.Purposes of the Research: The aim of the research is to determine the legal status of PMSCs in the invasion of Iraq by the United States (US) based on applicable international law and to analyze the responsibility of the United States (US) as the party that used PMCs in the invasion of Iraq which has caused many problems for Iraq.Methods of the Research: The research method used is normative juridical using a case approach, conceptual approach and statutory approach.Results of the Research: The results of this research show that the legal status of mercenaries is legally recognized in accordance with the 1949 Geneva Convention and confirmed in Additional Protocol 1 of 1977 Article 47 paragraph (1) that: "A mercenary is not entitled to the status of a combatant or prisoner of war" and Sanctions which can be applied in violations of International Law, namely, Complaint, Reprisal, and Payment of Compensation or Compensation.

Метаантропологічна методологія у становленні та розвитку міжнародного права

Abstract. Meta-anthropological methodology expands the boundaries of the traditional understanding of law, including philosophical, cultural and anthropological aspects, which is important for solving modern problems of international law, such as the protection of human rights, conflicts of cultures, migration, environmental issues and global security issues. The scientific innovation consists in the integration of meta-anthropological methodology into the theory of international law. The article analyzes its influence on the formation of modern law and offers new approaches to solving international legal conflicts. A new view of law as a multi-level and multi-stage system is introduced, which takes into account both positive law, natural law, and anthropological factors in the metaphysical dimension. Metaanthropological methodology is an approach that combines anthropological, philosophical and legal concepts, the purpose of which is to study the metaphysical dimensions of human nature and their impact on legal systems, in particular international law. Such a methodology considers a person as not just a socio-legal unit, but as a being that is simultaneously in the physical and metaphysical spheres, as a physical and spiritual person. Considering transcendentalism, let us emphasize that the existence of metaphysical and spiritual factors influencing legal processes, in particular international law, is recognized. Law not only regulates mutual relations, but also forms spiritual values. Transcendental international law is not the law that has gone beyond the limits of irrationality, but the law that only goes there. Of course, these are rights on the border of rational and irrational, conscious and unconscious, but such a state is necessary to know the real essence of international events. It is impossible to understand international events with a simple, rational mind. Keywords: meta-anthropological methodology; international law; natural law; anthropology; man; values; culture; morality; freedom; philosophy of law.

«Поощрение прав» в языке международного права и в отечественной науке международного публичного права

The article is devoted to the analysis of the grammatical construction «promotion of rights», which is increasingly used in research on problems of public international law. It is substantiated that the named construction, which arises as a result of a calculated translation into Russian of the English-language term “promotion of rights” widely used in sources of international law, is used to nominate activities for which the term “ensuring rights” already exists in the language of Russian law and Russian legal science. In this regard, the use of the construction “promotion of rights” cannot be considered justified and expedient.

Current Problems of Compliance with Constitutional Environmental Responsibilities Through the Lens of Constitutional Justice

The article analyzes constitutional environmental responsibilities in the Russian Federation through the prism of constitutional justice. Their non-compliance entails adverse consequences for subjects of environmental law. The purpose of the study is to identify topical issues that negatively affect compliance with constitutional environmental obligations in accordance with constitutional and legal norms, Russian legislation, as well as international law. The objectives of the study are to study constitutional environmental obligations in national and international law, to analyze the norms contained in the laws of the Russian Federation and international legal acts concerning compliance with environmental obligations, and to identify key problems related to them. Using the comparative legal method, the analysis of constitutional environmental obligations was carried out. In addition, logical and formal legal methods of scientific cognition were used. The study examines some key aspects that have an adverse impact on compliance with constitutional environmental obligations, the doctrine of environmental law. It is revealed that in the Russian Federation, the duties in the field of ecology are the preservation of the environment and respect for natural resources, entrusted to all subjects of law. In accordance with the norms of international law, the element of the ecological and legal status of a legal entity considered by us is more characteristic of the State. The study of problems in national and international law has led to the conclusion that in modern countries it is recognized that non-compliance with constitutional environmental obligations is due to a low level of environmental awareness, lack of understanding of legal responsibility and environmental nihilism.

International Law Problems of Salvage

International Law Problems of Salvage

Codification of European Private International Law!

Codification of European Private International Law!

Current Problems of International Legal Copyright Protection

The article examines the level of international copyright protection from the perspective of such aspects as the urgent nature of copyright protection and the possibility of applying the institution of compulsory license. To this end, the norms aimed at protecting copyright holders in the Russian Federation, the CIS, the European Union and other foreign countries, in particular, in the USA, are analyzed. The most important international conventions in the field of copyright and related rights protection are reflected. The legal basis of the activity of courts in cross-border copyright relations is shown. The actual problems of private international law on the improvement of substantive and conflictof- laws legal regulation in this area are identified. The analysis suggests that the establishment of common criteria for calculating the term of copyright protection in a single unified act is due to the need to combine private and public interests in using the results of intellectual activity and their exceptional importance for the globalization of the world economic and cultural space. Arguments about the possible introduction of compulsory licenses for copyrighted products of foreign companies, by analogy with those already provided for in Article 1362 of the Civil Code of the Russian Federation for objects of patent law, lead the authors to the conclusion that the mechanism of compulsory license should not take a permanent place in the regulation of intellectual property, since it will not significantly help in reducing economic risks and losses.

The reality and power of international law: Georg Schwarzenberger’s forgotten theory of International Relations

Georg Schwarzenberger’s oeuvre has remained significantly underexplored in International Relations literature despite his status as one of the most important thinkers in International Relations and international law of the twentieth century. Ahead of their time, his works reveal a picture of law that transcends academic boundaries and challenges the traditional portrayal of both realist theory and international law. Through a detailed examination of the works of this theorist, this article offers an analysis of the fundamental aspects of his theory of International Relations and international law. It explores the elements at the heart of Schwarzenberger’s theory of International Relations, which, though examined infrequently and practically forgotten, retain their relevance in today’s international society. Through this exploration of Schwarzenberger’s works, this article argues that his theory of International Relations provides a powerful commentary on the fundamental structure, nature and problems of international law. It points to and reveals issues that have remained at the heart of international law until today, offering a sophisticated and self-conscious interrogation of the relationship between law, power and politics. In doing this, this article challenges our understanding of realism as a theory that is unable to account for international law and highlights Schwarzenberger’s continued relevance today.

Contemporary International Law and global environmental problems: towards global environmental citizenship

Desde la perspectiva de las ciencias jurídicas y, en particular, del derecho internacional ambiental, la presente intervención aborda la emergencia de un Derecho internacional contemporáneo y acude a las ideas del cosmopolitismo blando y la vertiente normativa del constitucionalismo global, como debates filosóficos-jurídicos que podrían cimentar un terreno fértil, un sustrato material, para incidir en las fuentes formales de creación de normas internacionales para enfrentar los problemas globales ambientales. En ese sentido, hace mención a la emergencia y reconocimiento del derecho humano al ambiente sano y saludable como un derecho humano autónomo y exigible, desde su vertiente sustantiva y procesal, y a recientes desarrollos de la Corte Interamericana de Derechos Humanos, que pueden vislumbrase como el embrión de una ciudadanía global ambiental

Соотношение проектов статей, предусматривающих составы преступлений в сфере незаконного оборота и применения оружия, основанного на новых физических принципах, с действующим уголовным законодательством

The purpose of the study is to conduct a criminal law analysis of Articles 355 and Articles 356 of the Criminal Code of the Russian Federation, which provide for liability for the circulation and use of weapons of mass destruction, to identify the features of their norms, as well as the relationship with the draft articles, which include the elements of crimes in the field of illicit trafficking and use of weapons based on new physical principles. The author of the scientific article used general and private scientific methods: the analysis of the norms of national and international legislation prohibiting the circulation of weapons of mass destruction, as well as the scientific approaches of scientists in the field of international humanitarian law, public international law and comparative law have also been studied. The main results of the work consist in the fact that the author of the study proved the fundamental difference between the elements of crimes provided for in Articles 355 and 356 of the Criminal Code of the Russian Federation, establishing criminal liability for the circulation and use of weapons of mass destruction and the elements of crimes provided for in draft Articles 222.3. and 222.4. of the Criminal Code of the Russian Federation on the prohibition of illegal trafficking and use of weapons based on new physical principles. The necessity of their differentiation and, accordingly, the expediency of criminalizing criminal acts committed with the use of weapon based on new physical principles is justified. The results of scientific research were tested during the International Scientific Readings “Law. Bar. Notary”, organized by the Russian Academy of Lawyers and Notaries on April 19, 2023, as well as within the framework of the 3rd International Scientific Student Conference “Current Problems of International Law in the context of challenges to maintaining peace and security”, organized by the Moscow State Institute of International Relations (MGIMO) The Russian Foreign Ministry on April 25, 2023 and other scientific and practical events. The proposals formulated in the study can be used in the legislative process, as well as in establishing criminal liability in the law enforcement practice of existing criminal law norms.

Private International Law as Art

Private international law stands apart in the legal system due to its special subject and method. Currently, the potential of private international law is being revealed in a new way due to the emergence of a new type of “space” — cyberspace, and many traditional institutions and problems of private international law are finding opportunities for a new interpretation or solution. At its core, private international law is the right of the avant-garde, in connection with which the idea arose of considering its individual institutions through the prism of art. And it was the work of the Belgian artist Rene Magritte that, according to the author, turned out to be most in tune with many of the sought-after issues of private international law. This article is an exclusively author’s attempt to combine legal matter with painting, aimed at illustration with the help of an artistic form of legal content.

THE STATE AS A SPECIAL SUBJECT OF CYBERSPACE

The publication is devoted to the status and place of the state in cyberspace. Issues of cyber sovereignty and cyber security of the state are being raised. The special capabilities of the state to regulate cyberspace at the legislative level are outlined. The problem of states abusing the opportunities of cyberspace for their own purposes and the issue of opposing such activities is considered separately. The problem of cyberspace at the international level is described, as well as the problems of international law in regulating this sphere.

The governing law of contribution claims: looking beyond Roberts v SSAFA

The governing law of claims for contribution, where the applicable law of the underlying claim is a foreign law, has long posed a knotty problem in English private international law. The Supreme Court's decision in Roberts v Soldiers, Sailors, Airmen and Families Association considered this issue in the context of the common law choice of law rules. This article considers the decision in Roberts and claims for contribution falling within the scope of the Rome II Regulation, the Rome I Regulation as well as the Hague Trusts Convention. It is argued here that claims for contribution arising out of the same liability should be considered as “parasitic” on the underlying claim and should prima facie be governed by the applicable law of the underlying claim.

E.H. Carr’s Theory of Law: Exploring the Elements and Problems of International Law

Abstract E.H. Carr’s thought and approach to international relations have been the subject of several recent works. Though the insights offered by this new literature are extremely valuable, the lack of engagement with Carr’s wider oeuvre—including Britain: A Study of Foreign Policy from the Versailles Treaty to the Outbreak of War, Conditions of Peace, The New Society, Nationalism and After, History of the Soviet Union Series, and articles—has inhibited the level of understanding we have gained of his thought. This paper offers a reinterpretation of Carr’s theory of international law that challenges the prevailing arch-realist reading of his theory. It explores the distinct elements of Carr’s thought on the limits and problems of international law, revealing his insights into the nature of international law and the ways in which it is affected by national interests and nationalism. Finally, this paper argues that this rarely tackled and misunderstood aspect of Carr’s theory of international relations is clearly present in his works and that it provides a powerful commentary on the fundamental problems faced by international law.

Ege Hava Sahası:Türkiye ve Yunanistan Sorunları

Discussions on the width of the national airspace have been a frequent topic on the agenda of Turkish-Greek relations after 1974. Discussions on this issue arise, in particular, from the difference between the width of the Greek national territorial sea and the width of its airspace. The rules of international law, while regulating the rights related to the sovereignty of the states, stipulated that the sovereignty of the state covers the territorial lands, the territorial seas forming the coasts of these lands, and the airspace over these regions as a whole. In short, the territorial sea border of a state and the width of its national airspace must be the same; It is accepted that the state has exclusive sovereign rights over these areas. Although airspace problems are not a problem that directly affects the relations between Turkey and Greece, they come to the fore at various times as a secondary problem among other problems. Airspace issues, which is a problem of international law, is a research subject that is suitable for obtaining many findings related to international politics. There are previous studies on this subject in Turkey. However, in this study, it has tried to deal with the issue from the perspective of international relations as much as possible. Keywords: Turkey, Greece, International Law, Airspace, Aegean Sea

Comparing the Cold War to the Present, Why Is International Law Increasingly Failing to Limit Nuclear Proliferation?

Since the possession of nuclear weapons has always been a global issue, from the introduction of nuclear disarmament to its implementation, states have bound each other consistently through international law. However, is this the only effective way? Moreover, is it necessarily the best? From this question, this paper examines the nature of international law. It explores the problem of international law in stopping nuclear proliferation from three counterpoints: the refinement of the global economy, moral capital, and the subjective interpretation of the possession of nuclear weapons, concluding that nuclear proliferation is more likely to go unchecked from the Cold War onward.

OPPORTUNITIES FOR MUTUAL ASSIMILATION OF LABOR LAW REGULATIONS OF THE RUSSIAN FEDERATION AND THE UAE IN CONDITIONS OF ACTIVATION OF MIGRATION FLOWS

The article deals with the problem associated with the development of bilateral relations between countries on the issues of ensuring the rights of labor migrants, analyzes the possibilities of mutual assimilation of labor law norms of the Russian Federation and the UAE in the context of increased migration flows. This topic is relevant in the light of the fact that the existing conventional mechanism of labor law is not able to provide the principle of universality in the regulation of labor relations, and therefore other approaches are needed to solve the problems of international labor law, which is especially important in the context of expanding migration flows. The problem that has arisen is due to the fact that modern international law is based on a system of international conventions, which demonstrates its inability to create universal legal norms suitable for effective interaction between countries in the field of labor migration. The lack of universality forces countries to look for other mechanisms of legal interaction in the field of labor relations, using, in particular, the possibilities of bilateral legal cooperation, one of which is the mutual assimilation of labor law norms. The article determines that the modern civilizational situation leads to the collapse of the system of international law, to an understanding of the need to form legal systems that meet the needs of each individual state. On these grounds, conditions arise for the development of two polar legal paradigms, where one of the lines of the “split” is the labor law issue, which becomes one of the elements in creating a political consensus between Russia and the UAE. The article shows the unity of the positions of Russia and the UAE on this issue, points out the need to assimilate the labor law norms of the Russian Federation and the UAE, considering the increase in the flow of labor migrants.

Legal regulation of cooperation in the field of health protection within the framework of the Shanghai Cooperation Organization

The author examines the activities of the Shanghai Cooperation Organization in the field of coordination of the activities of the participating states in the field of public health protection. The author examines the current state of international legal regulation of cooperation in the field of health protection within the SCO through the prism of generally recognized international legal standards in this direction. The theoretical basis of the research is the works of M.V. Podvyaznikova, M.S.Malichenko, S. I. Pomazkova, N.Gafurova, Zh.Oryntaev. In order to determine the areas of cooperation in the field of health protection, international legal documents adopted at the SCO summits, in particular the SCO Charter, Declarations and Agreements on Mutual Cooperation, were analyzed. In addition, the general state of cooperation between the SCO states in the field of health protection in practice was analyzed. As a result, it is concluded that cooperation in the field of health protection within the SCO needs to strengthen the legal component, in particular, it is necessary to conclude international agreements on specific areas of public health protection and the organization of medical care. At a time when the consequences of the rapid spread of coronavirus infection, the largest humanitarian catastrophe of the coming century, have become an indicator of systemic problems of international law in the field of health protection as a branch of international law, and the established system of international legal regulation has proved unable to counteract COVID-19, rightly identifying the task of carrying out its consistent reform to ensure human security, strengthening the international legal framework for regulating the right to health within the SCO, in our opinion, can have a certain positive impact on the adoption of the necessary, more specific universal international treaties in this direction, especially in the fight against infectious diseases.

Ретроспективный анализ нормативного регулирования иностранных инвестиций в управлении инвестиционной политикой государства

At present, the maintenance of normal level of economy in the country which determines the importance of such an instrument as foreign investment is a particularly important and urgent issue. Modern investment market in the Russian Federation is unstable and reflects the minimum level of foreign investment over the past three years of crisis. The issue of foreign investment is one of the most important in the current market situation, and it is mainly reflected in the real estate market. The urgency of the problem with attracting foreign investment is due to the domestic capital scarcity for effective economic development, which is especially affected by the sanctions imposed on Russia in connection with the tense political situation in the world. The article is devoted to one of the problems of international economic law and concerns modern legal regulation of foreign investment in Russia, understanding of their essence and their significance for the economic growth of the state, consideration of the main provisions and trends in the development of legal regulation of foreign investment on the example of domestic experience and the experience of foreign countries. The study of international experience is of great theoretical and practical importance to understand functioning of foreign investment instrument, as well as to apply knowledge in this area of law qualitatively. The issues discussed in the article are related to ensuring economic security, macroeconomic balance and economic development of the host country. It is assumed that consideration of historical aspect of the concepts and methods of legal regulation of foreign investment will provide practical knowledge necessary to understand current economic situation in our country and in the world. All of the above allows speaking about great importance of studying the system of legal regulation of foreign investment in different countries of the world for the effective application of foreign experience in the framework of state policy.

‘Legitimacy, Public International Law and Intractable Problems’

‘Legitimacy, Public International Law and Intractable Problems’