International Legal Doctrine Research Articles

Legal Convergence as a Trend of Global Legal development. Review of the Monograph: Bezborodov Yu.S. “Methods and Forms of Legal Convergence in International Law”. Moscow, Prospect, 2020. 240 p. (in Russian).

INTRODUCTION. The review reflects the specifics of the methodological approach, implemented by Yu.S. Bezborodov in the analysis of the current phase of interaction between national legal systems and international law. Reference is made to the creation of a new conception that employs the notion of legal convergence to reveal the mechanism of getting national legal systems affinitive to each other. Attention is drawn to the content of legal convergence, the reasons for its dissemination, the link with international law as well as the correlation of convergence with related categories – globalization, universalization, sovereignty, etc. The author’s views on the interrelation between sovereignty and supranationality, universalization and localization as conditions of functioning of international law, constituting the predominant basis of convergence of national legal systems, are presented. The evaluation is given to the author’s position concerning the methods of legal convergence, in particular international legal integration. The emphasis is given to correlation of the presented forms of legal convergence. It is pointed out that comparative and legal analysis of integration in different regions of the world, including in the post-Soviet space, is important for understanding the current results of legal convergence.MATERIALS AND METHODS. The study is based on the conclusions and approaches formulated in the peer-reviewed monograph as well as the materials of the domestic and international legal doctrine on the subject-matter concerned. In writing the review the author used general and special scientific methods.RESEARCH RESULTS. The convergence of national legal systems and international law is influenced by different processes either inherent to the mechanism of international legal regulation or extraneous to it. They are distinguished by their considerable specificity and varied character. However, they do not impede legal convergence to be realized through various forms and methods.DISCUSSION AND CONCLUSIONS. The review of the scientific work led to the following conclusions: a) the author managed to present his own non-contradictory conception of convergence of national legal systems and demonstrate its connection with a number of current social phenomena; b) the monograph provides convincing arguments for the proposed forms and methods of legal convergence; c) the comparative legal characteristics of the regional international integration organizations are detailed and allows to form quite complete and correct comprehension of them. In addition, the review outlines a number of issues interesting for further discussion.

Categories of “integration” and “disintegration” in international law: modern conceptual approaches

The importance of the category of integration in the modern system of international relations can hardly be overestimated. The science of international law is no exception, and its development has recently been largely conditioned by the ongoing integration processes between states, the main subjects of international law. The very international legal doctrine has developed many approaches to the characteristics of its essential characteristics, including integration. Despite the objective nature of integration, its development in the context recent disintegration events that have taken place in the international arena and given rise to crisis phenomena (the first of which is, of course, the process of Britains withdrawal from the European Union), predetermine the relevance as well as the theoretical and practical significance of this article. The methodological basis of the work includes well-known general and specific methods of scientific research. The purpose and objectives of the article are to study the relevant problems and the essence of integration and disintegration processes in the international arena, characterize the main doctrinal approaches to them, and identify general trends as well as the essential characteristics and main features of these phenomena.

'The Life of the Law Has Not Been Logic; It Has Been Experience:' International Legal Ethnography and the New Legal Realism

Scholars in law and the social sciences are calling into question the conventional doctrinal account of how international law works. We join this chorus by extolling the virtues of a new method for studying the social life of international law: international legal ethnography. Ethnographic approaches advance the project of the New Legal Realism by explaining legal outcomes through a multidisciplinary study of concrete institutional practices and the subjectivity of legal actors in international justice institutions. A full understanding of why international courts produce influential legal precedent as well as incoherent law and failed prosecutions requires a grasp of both international legal doctrine as well as the organizational culture and quotidian practice of international organizations. International justice institutions are neither insulated from the vagaries of global politics, nor simply reducible to them. Because of their unique and structurally-fragile position betwixt and between national legal cultures, international criminal tribunals have of necessity created a socialization process that inculcates distinctive norms, practices and values among its staff, a process that has identifiable consequences for legal process and outcomes. Our ultimate goal is neither naive faith in the probity of international tribunals, nor a reflexively moral dystopian-ism, but a clear-eyed assessment of both the successes and shortcomings of international justice institutions.

Asymmetrical international law and its role in constituting empires: the ICJ Chagos Advisory Opinion

The ongoing relationship between the UK and the Chagos Archipelago raises a number of important questions about international law’s relationship with imperialism, more specifically, the ability of the international legal order to influence the fact and the manner of decolonisation. In this contribution, I explore some aspects of this problem. I begin by providing a brief overview of the proceedings of the International Court of Justice, summarising the basic legal consequences of the court’s Advisory Opinion, before discussing its implications from the standpoint of what it reveals about international law’s relationship with the residual British Empire. My argument is that, for all its apparent attempts to promote decolonisation and self-determination, the international legal order has been and continues to remain complicit in the maintenance of exactly the kind of asymmetrical legal relations that constitute empires. Thus, although the Chagos Advisory Opinion may well have long-term significance for the development of the international legal doctrine and the teachings of international law, given the UK’s current position, it will not have any immediate impact on the plight of the Chagossian people.

The Operation of International Law in the National Legal System: in search for better understanding

INTRODUCTION. The issue of implementation of international legal norms is extensive and multifaceted, and most importantly, it is always relevant. Despite the long-term development of questions of the operation of international law in national legal systems, the issue remains in the focus of researchers. Russian scholarship is quite rich in research of this area, and the practice of Russian courts is also rich in examples of the use and application of international law. Their presentation at the international level can significantly enrich the basis for analytical comparisons with the practice of other countries and further developments in this area. Nevertheless, the research of Russian authors is not well represented in the international legal discourse: the appearance of works by our compatriots in foreign editions is not so frequent. That is why monographic research papers by Russian authors published in major foreign publishing houses is of great interest to both Russian and foreign readers. At the same time, such publications implicitly set a high bar for expectations from their content.MATERIALS AND METHODS. The article presents a critical understanding of the monograph of Professor S. Marochkin, published in 2019 by one of the world's oldest publishers Brill-Nijhoff (Leiden, the Netherlands) – "the Operation of international law in the Russian legal system. Changing approach". The article highlights key elements of the study. Special attention is paid to the reflections and conclusions of the author of the monograph on the theory of international law. The analysis of the research is based on general and private scientific methods.RESEARCH RESULTS. Th reviewed monograph presents to our attention a wide range of Soviet and Russian general theoretical, discipline-specific and international legal doctrines. The work covers a significant period of theoretical, normative, institutional and practical development of the issue of implementation of international legal norms – more than three decades. This corresponds to the goal set out in the study – to show a changing approach to the issue in scholarship, judicial practice, and rule-making. The monograph consistently exposes the author's idea about the essence of national implementation of the principles and norms of international law, domestic legal and institutional mechanisms for such implementation, assessment and generalization of the practice of Russian courts related to the appeal to international law and the application of international legal norms. At the same time the monograph begs some questions: 1) on the author's understanding of the content of the concerned concepts in the theory of international law; 2) on the methods of law-formation in the national and international legal system; 3) on the constituent elements of the international legal system; 4) on the meaning and nature of self-executing international legal norms; 5) on the problem of international legal personality; 6) on the author's view of the state of modern legal scholarship in Russia.DISCUSSION AND CONCLUSIONS. Russianscholarship, as well as practice in the law-making, law-application and law-enforcement have gone a long way in mastering and ensuring the constitutional provision on the principles and norms of international law and international treaties of the Russian Federation as an integral part of the national legal system. The reviewed book emphasizes the importance of theoretical justification and competent application of theoretical theses on the place and role of norms and sources of international law within national jurisdiction, on the correlation of the legal force of international and domestic norms. Indeed, both legal scholars and public institutions that directly address questions about the operation of international legal norms need to have a complete understanding about the functioning of the regulatory and institutional mechanism for implementation of international legal obligations in the domestic sphere. In this light, it is reasonable to attach particular importance to the role of the judiciary branch in appealing to and applying international law. The research paper consistently demonstrates changes in the practice and approaches to the perception of international law over time with ups and downs in the estimation of its significance and role in the country's legal order. Although the study claims to offer an exhaustive fundamental analysis of all the problems raised, the author still makes some theoretical mistakes that complicate the correct understanding of his analytical work. Thereby the author challenges himself to continue the research of the issue in order to untangle some knots of doctrinal contradictions.

Redressing Historical Responsibility for the Unjust Precarities of Climate Change in the Present

This chapter is part of a volume on debating the law of climate change and thus assumes the style of legal debate. We argue that industrialized countries of the Global North are responsible for historical emissions that contribute to the unjust precarities of climate change in the present for states in the Global South, people living in poverty, and Black, Indigenous and other marginalized peoples in settler colonial states. First, relying on international legal doctrine, we show how the 'no harm' rule of customary international law provides one avenue of recourse. Nevertheless, we also argue that this avenue is limited because international law reflects social reality and states, companies and institutions of the Global North have power to shape the law to the detriment of others. We therefore undertake an immanent critique of international legal doctrines drawing on critical traditions, including critical race theories and Third World Approaches to International Law (TWAIL). We expose the internal contradictions in the law that preclude full repair for historical injustices. We also expose that international law's inability to redress the problem at hand stems from climate change's imbrication with broader histories of dispossession, including colonialism, slavery and their reincarnations in the global political economy. We therefore argue for alternatives to obtain redress. We call for reparations that would look to marginalized peoples for means and ends to fully decolonize the international legal order and to re-envision social relations among peoples that could also address climate harms.

Transfer pricing: international legal doctrine and practice

The article explores relevant issues of the international legal doctrine of transfer pricing and the judicial practice of the consideration and resolution of disputes in this area of legal relations. In the context of globalization of trade markets, corporate strategies of multinational corporations are focused on minimizing taxes by transferring the relevant assets to companies. These companies are registered in jurisdictions with preferential taxation, with the construction of appropriate corporate structures, which created the necessary prerequisites for the formation of common international standards in the field of transfer pricing. There is a process of harmonization of their tax regulation with ensuring the stability and unity of judicial practice and the appropriate resolution of disputes in this area of legal relations. The urgency of judicial control in this area of legal relations is indicated by the conclusions of authoritative international expert organizations. In particular, according to the Financial Secrecy Index — 2018 study, the global volume of illegal cross-border financial flows is estimated at 1—1.6 trillion. dollars USA per year. At the same time, the size of assets located in offshore jurisdictions and tax havens reaches 32 trillion. dollars USA. Organization for Economic Cooperation and Development estimates that the losses of the budgets of the world from aggressive tax planning annually reach 100—240 billion dollars. US or 4—10% of total corporate income tax revenues. Given the above application of tax legislation in the field of transfer pricing is an important indicator of Ukraine’s implementation of international obligations in the field of implementation of its European aspirations, in the field of protection of the rights and interests of taxpayers. Key words: international agreement, transfer pricing, controlled operations, judicial protection.

Ultima ratio Principle in the Criminalization of Tax Evasion

This article evaluates the significance of the principle of ultima ratio for the national process of criminalization. It also assesses the criminalization of tax evasion in the Criminal Code of the Republic of Lithuania using the criminalization criteria established in both national and international legal regulation, case law and criminal law doctrine.

THE EVOLUTION OF THE "UKRAINIAN QUESTION" IN THE SECOND HALF OF THE NINETEENTH CENTURY

The relevance of the article is that the nineteenth century was a time of profound transformations of legal systems. The Romano-Germanic and Anglo-Saxon types of law were clearly distinguished. From the second half of the XIX century. on the European continent are beginning to form modern states for which were dominated by three main forms of statehood: empire, federation and confederation. The republican form, which was just being established, did not become widespread due to the colonial orientation of the world at that time. A republic based on the principles of democracy could not, in essence, be a metropolis and own colonies. The purpose of the article is a historical and legal analysis of the dynamics of the "Ukrainian question" in the second half of the nineteenth century. The article examines the historical and legal features of the evolution of the "Ukrainian question" in the second half of the nineteenth century. It is established that at the turn of the XIX-XX centuries. The "Ukrainian question" became widespread within the framework of international legal doctrines. It is determined that the "Ukrainian question" aroused special interest in the conditions of relations between the Russian, Austro-Hungarian and German empires. It is emphasized that the essence of the "Ukrainian question" of the second half of the XIX century was that in the international arena it posed a greater threat to the Russian Empire than in the domestic one. The reason for this was that the Ukrainian national liberation movement focused on the ideas of autonomy and possible reform of Austria-Hungary and Russia on the basis of the federation. On the other hand, German pressure, which was associated with the declaration of the idea of the revival of a separate Ukrainian state, was aimed not so much at achieving a military conflict with Russia as at subordinating its political interests. It is concluded that at the turn of the XIX-XX centuries. The "Ukrainian question" became widespread within the framework of international legal doctrines. It aroused special interest in the relations between the Russian, Austro-Hungarian and German empires. First, each of these countries made expansionary plans for Ukrainian territories. Secondly, German and Austrian politicians actively developed the idea of reviving a separate statehood in the Ukrainian lands, which was to provide Ukrainians with the historical right to their own state.

Recognition of the state in modern international law (on the example of Kosovo)

Problem setting. International science has long been discussing the mechanism of legal recognition of newly created states. And in general the need for the existence of such an international legal institution as the recognition of states. If until the twentieth century this institution was considered as a purely theoretical component of the science of public international law, then with the collapse of the Soviet Union, Yugoslavia, Czechoslovakia, more than twenty new statessubjects of international law were formed. The need for their recognition by the international community has actualized the interest in this institution in international law. However, since then, the mechanism and criteria for such recognition have not been unified. Therefore, for example, the situation with the recognition of Kosovo still remains quite ambiguous. Target of research. The purpose of this study is the trace genesis of the development of the institution of recognition of states in international law, provide a doctrinal definition and scientific criteria for the recognition of states. On the example of Kosovo to analyze the current state of privately defined states in terms of their powers in the international arena. Analysis of resent researches and publications. The following scientists were engaged in research of the specified question: L. V. Shpakovsky, V. V. Ishchenko, T. V. Tsymbrivsky, P. V. Otenko, Yu. P. Ignatiuk, I. Ye. Khmelyova, A. I. Grigorshin. This question has been studied among foreign researchers: E. A. Kholina, R. Karaev, D. A. Budko. Article’s main body. The article considers the main approaches to the institution of international recognition of states. Examples of criteria for such recognition are proposed by both international legal doctrine and international organizations in the process of their functioning and interaction with states. Declarative and constitutive theories of recognition of states are analyzed. It also examines the current state and status of Kosovo as a partially recognized state. Conclusions and prospects for the development. The problem of international recognition of the state is extremely important and needs to be resolved as soon as possible. That the very ability of recognized national institutions to respond quickly to the principles of society and geopolitical changes are the marketing dynamics of the development of the entire world community. In this regard, it is appropriate to systematize and harmonize the existing norms on the international definition of states and to carry out their further codification. Since most countries of the world still recognized Kosovo as a newly created state, in our opinion, such recognition is appropriate for all other countries. For other unrecognized territories, each case of recognition of new countries before the creation of a single codified act should be considered individually and not through the prism of the formation of Kosovo.

Little-known pages of the history of the development of international legal thought: Ludwig Jacob (1759–1827)

This article explores the contribution to the development of international law science by the outstanding German philosopher and economist Ludwig Kondratievich Jacob (Ludwig Heinrich von Jacob) (1759–1827), who for some time worked as a professor of diplomacy and political economy at Kharkiv University. L. Jacob's contribution to the development of the science of international law is not limited to reading lectures on positive international law, which was taught at the Department of Diplomacy and Political Economy in the first decades of Kharkiv University. L. K. Jacob prepared and published a series of textbooks on logic, grammar, psychology, aesthetics, rhetoric, political economy and law under the general title «Philosophy Course for High Schools of the Russian Empire», the seventh part of which was devoted to the problems of natural law, including international law. International Law Jacob interpreted it as part of natural law, which determines relations between independent states. Among the fundamental rights of the nation he distinguishes: 1) the right to independence, which includes the right to take possession of things that did not belong to anyone (it is clear that the author here justifies the right to take over the so-called res nullius, which was widely used in international law at the time, 2) the right to independence from any other nation; 3) the right to formal equality with any other nation. Considerable attention in his textbook L. K. Jakob attributes the right to international treaties, though he sees no distinction between treaties that nation conclude with other nations and with foreign individuals. Some emphasis is also placed on diplomatic law in the textbook. In the work of L. К. Jakob quite comprehensive doctrine of the right to war, which, again, is quite typical for proponents of natural law in the science of international law, is based on the identification of relations between independent nations (states) with relations between individuals in the natural state. His international legal doctrine is literally imbued with the ideas of the humanization of war – he strongly opposes treachery and the use of such means of war, which cause the enemy extreme pain, requires respect for the rights of prisoners of war.On the last pages of his textbook L. K. Jacob is installing an application in which he proposes the idea of uniting the independent states into a confederation, provided that each of them maintains complete independence in their internal affairs. In this project it is easy to see the impact of the ideas of the treatise «To Eternal Peace» by I. Kant, a consistent follower of the philosophical doctrine of which L. K. Jacob performed in his philosophical writings.

Правотворча діяльність міжнародних організацій

The purpose and objectives of the article are to: analyze the provisions of soviet and post-soviet international legal doctrine in terms of participation of international organizations in the process of international lawmaking; study of approaches to lawmaking of international organizations, developed in Western jurisprudence. Methodology. On the basis of comparative law, system, epistemological, phenomenological and other methods revealed the features of the legal personality of international organizations, primarily as participants in the international law-making process, the main approaches to their definition, differences in the dimensions of (post) Soviet and Western legal science. Scientific novelty. The ability of an international intergovernmental organization to create domestic law has not always been considered in Soviet and domestic science as evidence of the organization’s participation in the process of international lawmaking. At the same time, in Western doctrine, the law-making of international intergovernmental organizations is mostly interpreted in the light of the theory of the principal-agent and the functional approach. International non-governmental organizations are equally not recognized as direct participants in international lawmaking in both Western and (post) Soviet jurisprudence. Conclusions. The legal personality of modern international intergovernmental organizations demonstrates a number of problematic aspects that require proper study, comprehensive research. Foreign legal scholars pay less attention to the activities of international intergovernmental organizations in the framework of the founding acts and are more positive about leaving them, and in the post-Soviet space the attitude to exceeding the amount of rule-making competence is more critical. Keywords: international organizations; intergovernmental organizations; non-governmental organizations international law-making; law of international organizations.

The Suitability of Using the Term «Hybrid War» for the Qualification of the Arme D Aggression of the Russian Federation Against Ukraine (from the Position of International Law)

It is investigated from the standpoint of international law the feasibility of using the term «hybrid war» to qualify the armed aggression of the Russian Federation against Ukraine. The international legal doctrine and norms of international law concerning the subject of the research are analyzed. It is emphasized that, in accordance with norms of international law, armed conflicts have traditionally been divided into international and noninternational. The mentioned division contains ideal constructions, since no armed conflict can be exclusively international or non-international, the more so it does not contain «political wars», «information wars» and propaganda, collaboration, etc., that is all that is often included in the concept of «hybrid war». It is emphasized that to characterize the armed aggression of the Russian Federation against Ukraine, the most acceptable is the use of the term «international armed conflict», which is used by the UN General Assembly, the Parliamentary Assembly of the Council of Europe, the Parliamentary Assembly of the Organization for Security and Co-operation in Europe, and the Office of the Prosecutor of the International criminal court. It is noted that the use of the term «hybrid war» shifts the focus from the armed aggression of the Russian Federation (international armed conflict) to the very vague concept of «hybrid war». This can be used to deviate from the concept of international armed conflict between the Russian Federation and Ukraine, and in particular as a gradual transition to the concept of non-international armed conflict, with all its negative consequences, including the questions of responsibility of the Russian Federation and its senior officials. Key words: hybrid war; armed conflict; aggression; war crimes; International Criminal Court.

ARMED CONFLICT IN THE SOUTH-EAST OF UKRAINE: LEGAL QUALIFI-CATIONS AND CONSEQUENCES

Unconstitutional change of power in Ukraine as a result of the "Maidan revolution" in February 2014, with the subsequent power grab by Ukrainian radicals of local authorities under nationalist slogans, led to the establishment of control over parts of the territory of Donetsk and Lugansk regions by Donbass militias, and then to the ongoing fighting between the armed formations of the latter with units of the regular armed forces of Ukraine. The purpose of this publication is to establish the form of the armed conflict and its legal consequences from the standpoint of current international law, which has not yet found proper legal analysis and coverage in either domestic or foreign (including Ukrainian) legal doctrinе. In official statements and legislative acts of Ukraine, this conflict is declared as a "state of war with Russia", "aggression of Russia", and the Ukrainian doctrine of international law almost unanimously declares the need to apply to the conflict the norms of international humanitarian law and qualifies it as an international armed conflict. In this publication, on the basis of the analysis of existing international legal norms and legal doctrine, the qualification of existing forms of armed conflicts is carried out: war, international armed conflict, non-international armed conflict, internationalized armed conflict. This examines the legal consequences (or otherwise the obligations of the parties to the conflict) that are caused by each form of such armed conflict, that is concealed and ignored by the Ukrainian side. On the basis of the theoretical and legal analysis of the UN Charter, the relevant provisions of the Geneva conventions on the protection of victims of war of 1949 and Additional protocols I and II of 1977, the author qualifies the situation in the South-East of Ukraine as a non-international armed conflict and the obligation to comply with applicable legal norms by all parties to the conflict. At the same time, the author comes to the conclusion about the insolvency of the claims about the applicability of the rules governing other mentioned forms of armed conflicts.

POLITICAL ASPECTS OF IMPLEMENTATION OF INTERNATIONAL LAW IN NATIONAL LEGISLATION OF THE UNITED STATES: FROM THEORY TO PRACTICE

One of the big-league participants in major international processes, the US government defines the current agenda of the modern world order, steers the vector of international relations development and affects the distribution of power on the global political arena. A supporter of the Non-Institutionalized Global Governance concept and the idea of Rule of Law, American administration demonstrates its own, specific understanding of the goals and course of action of modern international legislation. It seems to have its own insight on the nature and order of international organizations in regards to formulation and adoption of international law, the US role in determining the key features of global law enforcement, as well as the standards and principles of implementation of international law in the US federal legislation. Despite the recent tendency of the US government to roll back from participation in IO projects and revision of a number of agreements within the framework of interstate cooperation, the United States not only succeeds, one way or another, in guiding the trends of global political development, but also continues to have an impact on the interpretation and application of international law. The given article looks at the status of international law in the American legal system, focuses on the participation of the United States in proposition, discussion and adoption of conventions, declarations, agreements and other documents within the framework of the UN, and determines the main directions, according to which American jurisdiction implements international legal doctrines. The current research also brings a focus on specific issues, problems, relations, and contacts regulated at the international level but not implemented by the US federal legislation. The article analyzes political aspects of formulation and adoption of legal rules by American public administration, which are meant to supplement and specify the dominant principles of international sources of law.

ПОИМАЊЕ СУВЕРЕНОСТИ И ГЛОБАЛИЗАЦИЈЕ СА АКЦЕНТОМ НА СРПСКИ ТРАНЗИЦИОНИ ДИСКУРС

Even though the process of transition from a centrally planned to a market economy in Serbia started in the early 90's of the last century – domestic transitional discourse becomes increasingly predominant only after the changes that occurred on the 5th of October 2000. Structural changes that were initiated have influenced an increasingly widespread scientific and research debate on globalization and transitional processes, which remains relevant to this date. In contrast to the prevalent affirmative views on globalization processes in the first decade of the 21st century, the second decade was, in terms of these discussions, characterized more by critically-minded debates on the consequences of globalization. Within these debates as a "loyal companion" of the notion of globalization, the notion of sovereignty is often used, especially in that "post-historical" context of the weakening of the state as an institution. Given that these debates continue to be considerably present within domestic social sciences and humanities research platforms, it seems that the multidisciplinary approach to these concepts could shed additional light on their nature and point out to the possible inconsistencies and inadequate use. Therefore, in the focus of the analysis is the problem of the relation between the concepts of sovereignty and globalization, which is observed both with reference to different concepts in the theoretical, constitutional and international legal doctrine, and to the already existing tendencies in domestic sociological, economic and political debates.

Содержание категории «наднациональность» в современной международно-правовой доктрине

INTRODUCTION. The increase in the number of interstate associations with an intrastate authority, delegated by State members is one of the main characteristics of contemporary world. In the international legal doctrine, the accepted term for such associations is supranational when the phenomenon of delegation and exercise the authority on interstate level is called supranationalism. Despite the fact that official documents and research works consist the term under consideration in the middle of 20th century, so far, the complex and generally accepted definition of supranationalism has not been formed. This situation negatively effects on correct understanding the essence and prospects for the development of integrational processes taking place in modern international relations. This article seeks to overcome this uncertainty. MATERIALS AND METHODS. When writing the work, a number of theoretical studies of domestic and foreign international lawyers of the second half of the 20th – beginning of the 21st centuries, as well as legal sources that are important for revealing the research topic, were analyzed. During the research implementation, the authors used historical, comparative legal and some other general scientific and special legal methods. RESEARCH RELULTS. Within the framework of the work, it was substantiated the assertion that the content of supranationality, first of all, consists in endowing the bodies of an interstate association with certain domestic powers, which determines its close relationship with such a category of international law as “integration”. Subsequently, based on comparison of two definitions, it was justified that supranationalism can be considered as one of the methods for integration in interstate associations. At the same time, given that in this case, the transfer of domestic powers to the interstate level is being carried out, and supranationality implies close interaction between international and domestic law, the system of guarantees that ensure the stable development and integration of states within such associations is of particular importance. DISCUSSION AND CONCLUSION. The general conclusion of the article is that supranationalism should be understood as a way of organizing and operating an interstate association, which has a certain degree of independence and is vested with intrastate authority for the purpose of international legal integration of its member states, subject to a balance of domestic and international beginnings in the process of functioning of such an association.

The Southern Kuril Deadlock: effectiveness v. protest

INTRODUCTION. For 74 years, Russia and Japan have both claimed legal title over the four Southern Kuril Islands, paralysed by their controversy from making a post-WWII peace treaty and realising the full potential of their bilateral relations. This entire time, the islands have been governed in all aspects of their legal, political, and economic life, by the Russian side. This entire time, Japan has made diplomatic protests contesting the legality of Russian jurisdiction. With no international authority to determine which of the countries prevails, one wonders if the effective Russian control has not or should not have, by now, overcome Japanese protests – almost the only tool international law provides for states to prevent another’s title. MATERIALS AND METHODS. The international legal principles and doctrines at play are the overarching notions of effectiveness and stability, governing the resolution of any territorial disputes, the related doctrines of prescription and acquiescence, and the maxim ex injuria jus non oritur that aims to preclude territorial change if it originates in illegality – these are studied on the basis of contemporary works on the international law of territory and the general scientific methods of analysis, synthesis, description, and deduction. RESEARCH RESULTS. Effectiveness and stability lie at the heart of territorial change. Their derivative doctrines of prescription and acquiescence serve as tools for legitimizing title of dubious origins through long, peaceful and effective possession of territory absent protests from the former sovereign (and subject to the self-determination of the territory’s inhabitants), and, possibly, with the help of recognition by third states. Whether the opposing notion of ex injuria jus non oritur is an international legal principle remains debatable. The international law, however, in the politically sensitive matters of territory is too meek to provide a definite answer to when these concepts clash within the reality such as that of the Southern Kuril dispute. DISCUSSION AND CONCLUSIONS. In weighing the Russian effective control over the islands against Japan’s demands that the territories be returned to Japan, the key question is: does effective possession override protests, given the duration and quality of such effectiveness and such protests? It is argued here that such an answer would benefit the aim of stability sought by the international law and that in the situation at hand it should be a carefully qualified, but emphatic yes.

Studying Country-Specific Engagements with the International Court of Justice

Abstract Countries engage with the International Court of Justice (ICJ) as litigants, as participants in advisory proceedings and, less directly, through contributions of nationals as judges or lawyers. A broad range of scholarship within the discipline of public international law examines this engagement. Specific regional experiences are often emphasized and grouped, for example, by western, African or Asian accounts. Yet the nature and extent of scholarship on a single country’s engagement with the Court are less commonly explored. This article surveys scholarly approaches to specific domestic engagement with the ICJ. It focuses on six countries—Australia, France, Nicaragua, Russia, the UK and the USA—and examines the scholarship generated by each of these countries’ encounters with the Court. This scholarship provides insights into politics, history, institutional practice, professional experience and international legal doctrine. Preliminary in scope, the article points to the value of empirical, historical and country-specific accounts of the work of the ICJ.

Международно-правовая школа Ф.Ф. Мартенса и мировой правопорядок XXI века (к 120-летию Первой Гаагской мирной конференции)

INTRODUCTION. The article focuses on the problem of modern status of international legal order in the context of adherence to the international legal principles, established by the First Hague Conference. The article includes the analysis of contemporary international legal approaches of Russia and the USA to the main issues of international relations and world legal order of XXI century. MATERIALS AND METHODS. The materials include the analysis of the texts of the conventions of the First Hague Conference of Peace and theoretical and practical conclusions of International Law School of F.F. Martens, and scientific, political and legal publications of the US foreign policy. The article uses a benchmarking approach of Russian and US international legal doctrines and diplomatic practice. RESEARCH RESULTS. As a conclusion of research of the posed questions of consolidation of legal principles and norms in the context of contemporary foreign policy of Russia and transatlantic Western countries it is suggested that the modern Western political doctrines deviate from the International legal basis, defined by science and practice of international law, and from it’s classic doctrines formed in the XX century. DISCUSSION AND CONCLUSIONS. It seems that the current crisis in the modern system of international relations can be overcome on the basis of the proposals considered by F.F. Martens more than a hundred years ago, but not lost their relevance today. First of all, it is about adherence to the principle of the supremacy of international law as the only true way to ensure order and stability in international relations.