International Legal Regulation Research Articles

ПЕРСПЕКТИВИ ЗАБЕЗПЕЧЕННЯ ПРОДОВОЛЬЧОЇ БЕЗПЕКИ УКРАЇНИ В УМОВАХ НАДЗВИЧАЙНИХ ВИКЛИКІВ

The article is exsimined to the definition of conceptual issues in the direction of the war impact diagnosing on the state of national food security and the international trade development, as well as the identification of prospects for ensuring the national food security of Ukraine in the conditions of active military operations. A significant number of works by well-known scientists in the field of state regulation of ensuring the appropriate level of food security have been developed and researched, in particular: state food programs and tools for ensuring the agrarian sector functioning and development, laws, regulatory acts and other documents. It was determined that as a result of armed aggression in the agro-industrial complex, part of the production potential was lost both in the field of direct production of agricultural products and in the field of its processing, stable product promotion chains were partially or completely destroyed. In the article have been identified the key and significant consequences of armed aggression, which directly and indirectly affect the provision of food security in the country in today's conditions. It is declared that armed aggression has become a global challenge for food security not only for our country, but also for the whole world and may cause political instability in other countries in the future. The main indicators of the Global Food Security Index were evaluated at the national level, namely: economic availability, physical availability, sustainability and adaptability, food quality and safety factor. The key problematic aspects of the functioning of the agro-industrial complex, which arose as a result of armed aggression on the territory of Ukraine, were identified. It was diagnosed that in the field of international legal regulation of world food security issues, no measures have been developed at all, which would contribute to the prevention of threats in this field of interstate trade relations. The world practices of independent search for solving problems’ mechanisms that arose in connection with the aggression of the Russian Federation against Ukraine were studied in the direction of taking into account the main principles and methods of international law regarding the development of effective measures to stop the Russian Federation from its illegal behavior. Argued proposals are given regarding the urgency of solving the tasks of reforming the system of state reserves, intended to meet the needs of Ukraine in a special period, strategic needs and providing humanitarian aid in the direction of an effectively functioning system formation of state reserves in the conditions of ensuring the country's food security in the long run.

СПЕЦІАЛЬНІ МІСІЇ МІЖНАРОДНИХ МІЖУРЯДОВИХ ОРГАНІЗАЦІЙ: ТЕОРЕТИЧНІ ТА ПРАКТИЧНІ АСПЕКТИ ФУНКЦІОНУВАННЯ

The article is devoted to the theoretical and practical aspects of the functioning of special missions of international intergovernmental organizations at the present stage. It is noted that diversification of international relations contributes to the expansion of interactions between subjects of international law in various forms. It is actualized that international intergovernmental organizations, in exercising the right of foreign relations, are increasingly using ad hoc diplomacy or special missions. The author emphasizes that the trend in the development of the institution of special missions is the practice of their implementation by international intergovernmental organizations on various issues at different levels. At the same time, the author underlines that there is no regulatory framework for all aspects of their functioning. Particular attention is paid to the activities of individual special missions of international intergovernmental organizations in Ukraine. It is established that the diplomatic temporary missions of the UN, OSCE, EU and in the context of the Russian-Ukrainian war are carried out in accordance with the provisions of the 1969 Convention on Special Missions, customary law and are additionally regulated by relevant agreements and memorandums. Considering the long existence of the institution of special missions, the practice shows and in the context of the Russian-Ukrainian war, the form of diplomatic activity of the IMO not only occupies an important place in the process of international communication, but also dynamically develops and improves, which in the future will require additional international legal regulation. Key words: ad hoc diplomacy; customary international law; European Union; human rights protection; international law; international intergovernmental organizations; law of external relations; Organization for Security and Co-operation in Europe; Russian-Ukrainian war; special missions; United Nations

International legal regulation of states cooperation in the sphere of prevention and limitation of emergency situations in the Arctic region

International legal regulation of states cooperation in the sphere of prevention and limitation of emergency situations in the Arctic region

Naval policy of the Russian Federation: national security issues

The relevance of the research topic is due to the need to comprehend the problems of naval policy in order to solve them within the framework of the implementation of the goals of strategic planning of maritime activities of the Russian Federation for the period up to 2030. The purpose of the study is a political analysis of the current problems of Russia’s naval policy, the solution of which is necessary to achieve the goals of strategic planning for the period up to 2030 in the field of maritime activities. The objectives of the study were: 1) political analysis of the latest documents of the state policy in the field of maritime activity of Russia in order to identify the most significant problems that require prompt resolution; 2) content analysis of certain provisions of the Strategy for the Development of Maritime Activities in the Russian Federation adopted until 2030; 3) analysis of the research directions of the naval policy of Russia by Russian scientists; 4) development of recommendations on possible solutions to problems of a political and legal nature that contribute to improving the effectiveness of further implementation of Russia’s naval policy for the strategic period up to 2030. The methodology of scientific research is based on the use of methods of political science and content analysis of strategic documents that determine the vector of development of modern Russian naval policy for the next decade. The research uses methods of political science and jurisprudence (in particular, legal analysis). The author substantiates the most pressing problems of Russia’s naval policy, the solution of which directly affects the results of strategic planning of maritime activities in the Russian Federation for the period up to 2030. The analysis of the positions of Russian scientists and practitioners on the problem of research is carried out. The study made it possible to formulate the necessary recommendations regarding the solution of the problems of incompleteness of international legal regulation of the maritime borders of Russia with certain neighboring states as the main problems of the implementation of modern naval policy of the Russian Federation.

Comparative analysis of international legal regulation and practice of foreign countries in providing access to information: integration of regulatory and practical approaches

The article presents a comparative analysis of the international legal regulations and practices of foreign countries regarding access to information. Its aim is to explore how normative and practical approaches combine in guaranteeing access rights both internationally and across different nations. Key areas of analysis include regulations, their application in practice, and mechanisms for monitoring the implementation of such norms.This work is of great scientific and practical significance, helping us to gain a greater understanding of differences and similarities in approaches taken towards regulating access to information. This can serve as the basis for developing recommendations to strengthen legislation in this area. Comparative analysis, legal dogmatics, and analysis of law enforcement practice were utilized during this research project.The main findings demonstrate that, despite global standards, implementation of accessing information varies considerably according to national context. As a result, our findings highlight the necessity of considering international experience when developing national regulatory frameworks and practices.This study offers a great value by offering a systematic analysis of international and national regulatory and practical mechanisms in relation to access to information. Furthermore, its practical significance lies in being used by regulators and practitioners across different nations in improving access to information rules and practices.

The impact of soft law on the regulation of sustainable investment in the Arctic Region

The article discusses the issue of regulating sustainable and responsible investment in the Arctic region. The execution of large-scale investment initiatives in this region will require substantial capital, including foreign ones, as well as a large-scale impact on the ecology of the Arctic region. The work emphasizes the importance of making sustainable investments, which in the long term will not harm either the environment or indigenous and small-numbered peoples living in the project areas. The purpose of the work is to study how soft law instruments affect the regulation of investment in the Arctic using narratological methods. Currently, there is a clear lack of international legal regulation of sustainable investment, and the legislation of different states on relevant issues follows different approaches. When investment relations are not properly regulated, it can be difficult to implement sustainable and responsible investment, which will also have negative economic consequences. In this regard, the author concludes that currently the norms of the so-called ?soft law? play the most important role in regulating investment activities. An analysis of so-called ESG investing is being carried out. The work presents an overview of some of the most significant sources of soft law and classifies soft law norms depending on their source of origin. Explanatory examples demonstrate how investors and enterprises implementing investment projects apply soft law in their activities. The author concludes that the concept of soft law is a reflection of the way in which entrepreneurs' narratives can influence the behavior patterns that will be adopted by the relevant association of entrepreneurs. The article gives examples to examine the impact of narratives on the creating and implementation of soft law provisions, and further analyzes these methods of influence.

International legal regulation of the right to freedom of peaceful assembly and association

International legal regulation of the right to freedom of peaceful assembly and association

International legal issues and problems of implementation in the field of maritime transport safety: review and constructive theses

The work examines various aspects of international legal regulation of maritime transport safety through the analysis of the international legal mechanism of such, assessment of the challenges and threats emerging in modern times. The problems of the implementation of international legal norms in the field of maritime transport safety in Russian criminal legislation are considered, on the basis of which measures are proposed to improve and bring to compliance with the norms of law. In order to organize effective legal security in maritime transport, it is necessary to summarize the international regulatory framework for countering threats to maritime transport security; identify current trends in maritime transport security; substantiate the author's proposals for improving legal regulation in the field of maritime transport security organization. The solution of these tasks is identified by the author in the system of norms of international legal regulation of safety in maritime transport, as well as in the consideration of the international legal mechanism and the problems of implementing the norms of international maritime law in domestic legislation to ensure safety in maritime transport. The main heuristic means and methods used in research are complex and systemic varieties of scientific analysis and synthesis of data, analogy of information and characteristics, the method of advancing and verifying theoretical and legal hypotheses, generalization of conceptual provisions, functional cognition, historical and formal legal methods. The main scientific results of the work include the fact that the author has revealed the dynamics of the development of the legal mechanism for ensuring safety in maritime transport and verified its periodization, established an international legal mechanism for ensuring safety in maritime transport, and separated threats to safety in maritime transport. The scientific significance of the study is that it has formed a system of scientific international legal knowledge reflecting the contradictions between the needs of practical safety in maritime transport and the possibilities of its legal regulation in modern conditions, as well as possible ways to eliminate it. It is recommended to introduce the main scientific results of the conducted research into the process of teaching legal disciplines of transport and other educational organizations, as well as for further research.

Crises of the international legal system and their role in developing principles and norms of international law: Retrospective analysis

The article examines the influence of international legal system crises on the establishment and advancement of generally recognized principles and norms of international law. It is shown that the causes of crisis phenomena in international law can include inconsistency of the norms of international treaties and customs with the proclaimed principles of international law, poor regulation of the critical issues of the world community’s life and its institutions; non-implementation of the enshrined principles because of the lack of political will or imperfection of international legal mechanisms. On the example of the principles of conscientious fulfillment of international obligations, the sovereign equality of states and respect for the rights inherent in sovereignty, non-intervention in the internal affairs of states enshrined in the 1945 United Nations Charter, it is shown how the principles undergo changes in different eras, resulting in shifts in emphasis and enabling the evolution of international legal regulation. The terminological discussions, which have spanned centuries, leading to a wide range of interpretations regarding the fundamental principles and norms of international law, including the concept of general recognition, are considered. It has been concluded that numerous principles of international law were established to address crisis situations in international legal affairs. However, sometimes, these principles can inadvertently exacerbate conflicts, as evidenced by the Europe-America tensions in the 19th century. The primary areas of development for the international law principles are revealed: the alignment of specific principles in different international law branches with generally recognized principles and norms, the interplay between principles across different international law branches, which is crucial for regulating a substantial portion of international legal relations and the consolidation of judicial practice from international justice bodies.

Current Issues of International Legal Regulation of the Convergence of Transport and Logistics Systems within the EAEU

With the development of integration processes on the territory of the Eurasian Economic Union, the convergence of transport and logistics systems is a necessary condition for both transport connectivity and the development of trade relations. The current geopolitical situation, which led to an increase in traffic and within the EEU and the redirection of transport flows to the East, requires a change in the paradigm of the legal regulation of the transport industry at the interstate level.Aim . Reveal the main problems of international legal regulation of the convergence of transport and logistics ecosystems in the Eurasian region.Tasks. It is proposed to consider the main trends of the formation of an array of legal regulation of the transport and logistics industry in the EAEU as part of the implementation of a common transport policy and the implementation of major infrastructure projects, such as the Eurasian transport framework, to analyze the relevance of the main EAEU documents in the field of transport and logistics, to present the basic elements of the new paradigm of the EAEU unified transport system, including railway transport.Methods. When conducting the research, comparative-legal, formal-legal methods, synthesis, deduction, induction, as well as abstraction and the systematic method were used.Results . The necessity of a significant change in the approach to the formation of an effective model of international legal regulation of transport integration within the EAEU, clarification of the main directions of a common transport policy of the member states of the association, ensuring its competitiveness at the world level, transport and technological sovereignty of Russia and other partner countries, full realization of the transit potential of the union, as well as the effective functioning of the industry in the conditions of Industry 4.0 is substantiated.Conclusions . The proposed integrated approach will make it possible to fully implement the adopted Strategic Directions for the development of Eurasian economic integration until 2025, to lay the foundations for a new stage of integration of transport and logistics systems within the EAEU with the achievement of the set significant milestones in the interests of the countries and peoples of our integration association.

International legal regulation of economic activity of logistics operators

International legal regulation of economic activity of logistics operators

Perspectives on international legal regulation of Artificial Intelligence

Perspectives on international legal regulation of Artificial Intelligence

Analisis Hukum Internasional Tentang State Sponsored Terrorism

Introduction: State is one of the subjects of international law that has the responsibility to protect the human rights of every individual within its sovereign territory. However, the facts show that there are countries that become sponsors or in other words the state provides support either directly or indirectly to terrorist groups to carry out their actions. This term is known as state sponsored terrorism which requires global attention considering that terrorism cases that occur often have links to the state.Purposes of the Research: 1. Review and discuss the regulation of State Sponsored Terrorism in International Law. 2. Review and discuss the implications for the enforcement of International Law.Methods of the Research: This study uses a normative juridical method with an analytical perspective using primary, secondary, and tertiary legal materials. This research technique is a literature study based on international legal regulations, scientific works and other literature related to state sponsored terrorism.Results of the Research: International law arrangements related to state sponsored terrorism still require special attention due to the large number of cases and indications of states being involved. Given that state sponsored terrorism is the root of various terrorism cases around the world. This shows that the international legal instruments that existed before the International Convention for the Suppression of the Financing Terrorism and United Nations Convention Against Transnational Organized Crime were considered unable to prevent and prohibit countries from sponsoring terrorists caused by the absence of the universal definition of terrorism. It is proven by international violations committed by sponsoring countries in order to fulfill their country's interests. State sponsored terrorism can also be considered as a problem for the protection of human rights. This can be seen when a sponsored terror act results in a violation of the right to life and the right to feel safe of every individual who is within the sovereign territory of the target country. The implication of state sponsored terrorism then causes overlapping jurisdictions between the International Court of Justice and the Security Council in enforcing international law so that the settlement of cases is still unclear.

Socio-legal nature of drug-related crimes in modern international and Russian law

The high level of drug addiction in modern society requires the Russian Federation and the international community to coordinate measures aimed at countering the illicit trafficking of narcotic drugs and similar substances, for which it is important to develop unified approaches to determining the socio-legal nature of drug crimes. It has been established that in order to understand the social and legal essence of drug crimes, a systematic analysis of the nature and degree of their social danger is necessary, which, first of all, is associated with the object (including the subject) and the objective side of drug crimes. It is shown that, unlike the national criminal legal system, in international law there is no special indication of the object of criminal acts. In addition, international anti-drug law does not provide for the division of objects of crimes «vertically». It is possible to draw a conclusion about the content of the object of these encroachments in international law based on the text of the preambles of the relevant international legal sources. It has been proven that the main object of drug crimes under international law should be recognized as «human health». It has been established that Russian criminal legislation provides for a much wider list of subjects of drug crimes than in international law, both in terms of the number of narcotic drugs and the number of psychotropic substances. To effectively combat illicit trafficking in narcotic drugs and similar substances, it seems advisable to provide in international law for the offenses of theft and extortion of narcotic drugs and psychotropic substances, as well as violations of the rules for the circulation of narcotic drugs and similar substances, since the conventions do not contain analogues in the list of punishable acts this crime, which leads to gaps in international legal regulation. It is concluded that in order to effectively combat illicit trafficking in narcotic drugs and similar substances, it is necessary to fully harmonize the approaches of international law and domestic criminal legislation in this area.

AGREEMENTS ON TRANSBOUNDARY WATER BODIES: STATE AND PROSPECTS OF DEVELOPMENT

The article deals with the regulation of transboundary water bodies on the basis of multilateral and bilateral agreements of the Republic of Kazakhstan with the countries of Central Asia, the Russian Federation and the People's Republic of China. The main purpose of the study is to analyze the existing international agreements regulating the issues of joint use of transboundary water bodies and to develop proposals to address issues related to insufficient volume of incoming water. With the collapse of the Soviet Union and the destruction of the unified system of regulation of the water industry, surface waters ceased to be considered internal water bodies, and acquired a transboundary character requiring comprehensive international legal regulation. Particular attention to transboundary water bodies is due to the high dependence of Kazakhstan on neighboring countries forming more than 40 km3 out of 100 km3 of the total long-term flow of rivers and temporary watercourses. Of the existing 8 water management basins of the country, only the Nura-Sarysu basin does not have transboundary water bodies. A decrease in the volume of water can have a negative impact on industrial production, utilities and agriculture of the country. The adoption of preventive measures and the conclusion of transparent agreements with neighboring countries will avoid catastrophic consequences for the country's economy and human life. In this regard, the authorized state bodies represented by the Ministry of Ecology and Natural Resources, as well as the Ministry of Foreign Affairs, need to actively use dialogue platforms within the framework of regional organizations and signed agreements to build the potential of relations between neighboring countries to address issues of equal water allocation. The comparative legal method was used as the main research method, which allowed analyzing the existing interstate agreements. The results of the study indicate a large amount of work done between neighboring countries, however, modern global challenges encourage countries to defend a tougher position that meets national interests, which in turn is not always beneficial for downstream countries.

Legal Regulations Defining the Role and Tasks of Expert Supervision During Construction Works

<p class="Abstract" style="text-align: justify;"><span lang="EN-GB" style="mso-ansi-language: EN-GB; mso-fareast-language: FR; mso-bidi-font-weight: bold; mso-bidi-font-style: italic;">The paper<strong> </strong>discusses the roles and tasks of expert supervision of construction works according to national and international legal regulations. It presents the role and tasks of expert supervision during construction works. There is a summarized review of supervision according to the current legal regulations in the Republic of Serbia (Law on Planning and Construction, the Rulebook on the content and method of conducting the site supervision) and the Specific Customs on Construction. The role of the ‘Engineer’ according to the FIDIC General Conditions has been presented. It has been pointed to the differences between national legislation and the FIDIC General Conditions.</span></p>

The formation of international legal principles on the prevention of the placement of weapons in outer space (1959-1979)

This research article explores the issue of the formation of international legal principles on the prevention of the placement of weapons in outer space (1959-1979). The historical prerequisites and main provisions of key international treaties related to this issue are analyzed. The gradual formation of key agreements in the context of political confrontation and mistrust between the leading space powers, which is considered in the research, was an important step in limiting and containing the arms race in outer space. The article also discusses the limitations and gaps of the main agreements of international space law and related agreements, which only partially regulate the military use of space and do not address new types of weapons and technologies that can be deployed or used in outer space for military purposes.
 The article suggests that one of the ways to strengthen the international legal framework for outer space demilitarization is the development of new international agreements that would prohibit the proliferation and use of such weapons and technologies in space, and that would protect outer space from aggressive military activities. Moreover, the article justifies the importance of the international legal regulation of the military use of outer space as a tool for preventing an arms race in outer space. It can include such issues as regulation of new types of weapons and their deployment that are not prohibited by main international agreements of international space law and ensuring the peaceful use of outer space.
 The article also presents an explanation concerning a concept of «weaponization of space», which is part of the military use of space. In this vein, it evokes the necessity of further strengthening of the international legal regulation of the discussed topic.

International Legal Regulation of Counteracting Transnational Crime Within the Modern Trend of Regionalization

The article examines the relationship between regionalization and globalization at the present stage, identifies trends in the development of regionalization, as well as gaps in the international legal regulation of combating transnational crime in the SCO and CIS regions. The relevance of the fight against transnational crime in the modern conditions of the implementation of the state foreign policy of the Russian Federation and the development of regionalization processes is noted. Statistics on transnational crimes that affect the regions of the SCO, the CIS and the immediate territory of the Russian Federation are presented, and the wave-like dynamics in the number of these crimes is revealed. The relevance of the fight against transnational crime is, among other things, associated with the growing number of crimes of terrorist and extremist nature. The authors point out the need to conduct statistical studies of the number of transnational crimes and their individual types in order to establish the proportion of crimes committed exclusively on the territory of the Russian Federation and affecting the interests of foreign states (properly transnational). The system of measures aimed at combating transnational crime includes the following: legislative, procedural (international cooperation); professional (improving the qualification of law enforcement agencies’ employees); technical (development and implementation of innovative technologies) and financial measures. The work identifies promising directions for improving this system of measures. Statistical data from the Prosecutor General's Office of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation, the Investigative Committee of the Russian Federation are provided. The analysis of the state and level of transnational crime and the problems associated with countering it allowed the authors to identify a number of promising areas. Specifically, it is proposed that a number of pressing problems should be solved in order to stabilize international cooperation at the regional level.

Международно-правовое регулирование сотрудничества в сфере признания и исполнения приговоров (решений) судов иностранных государств

В статье дано понятие международного договора. Изучено, что такое сотрудничество в сфере признания и исполнения приговоров (решений) иностранных судов в контексте международно-правового регулирования. В статье раскрывается, чем следует руководствоваться при отсутствии соответствующего договора, регламентирующего деятельность государств в сфере признания и исполнения приговоров (решений) судов иностранных государства. The article gives the concept of an international treaty. It is studied what cooperation is in recognition and enforcement of sentences (decisions) of foreign courts in the context of international legal regulation. The article reveals what should be followed in the absence of an appropriate agreement regulating the activities of states in recognition and enforcement of sentences (decisions) of courts of foreign states.

International legal regulation of the circulation of dual-use biotechnologies

The COVID-19 pandemic has demonstrated the vulnerability of each country, regardless of the economic well-being and health system development, highlighting the need for further rethinking of the global security and human security concepts. The need to sustain the spread of infectious diseases, as well as the treatment of life-threatening diseases, determine the relevance of scientific research on all key aspects related to the development of technologies, both by states and non-state actors. In view of the efforts made over the past decades, significant advances have been made in the field of biotechnology, which allows to detect the vulnerability of viruses, as well as to influence the genes responsible for the development of diseases. Such trends not only contribute to ensuring the human right to health and the right to enjoy the benefits of scientific progress, but also bring humanity closer to executing Sustainable Development Goals. The reverse side of the scientific research increase is the expansion of the availability of scientific data, as well as the simplification of the reproduction of various technological solutions, which leads to the risk of their use for military and terrorist purposes. The development of technologies, the use of which can not only counteract life-threatening diseases, but also create new threats to human security, has influenced the formation of the term “dual-use technologies” in the scientific literature and documents of international organizations. The article presents a systematic analysis of biotechnologies impact on the formation of “human security” concept, as well as the definition of “biological security” concept. The authors consistently consider international treaties, as well as documents of international intergovernmental organizations and non-governmental organizations in the field of regulating the circulation of technologies that pose a threat to state security. Special attention is paid to the consideration of the features of control over the spread of biological agents in the context of the activities of the European Union, as well as ensuring the implementation of the national security strategy of the Russian Federation.