Internationalization Of Law Research Articles

The place of the state in modern rule-making: theoretical and legal aspect

In the content of the article, the author re­vealed the relevance of scientific knowledge of the issues of the place and role of the state in modern rule-making, characterizing both the fea­tures of the mechanism of modern rule-making and the specifics of the transformation of modern states. It was noted that the state’s participation in law-making in the modern conditions of legal development in Ukraine is the subject of many discussions and debates on the part of represen­tatives of legal doctrine. It was noted that today the doctrinal devel­opment of the issues of the state’s place in the system of law-making subjects is acquiring an in­creasingly multifaceted dimension. The fact is that researchers today no longer ask the fundamental question of the state’s belonging to the subjects of rule-making, but investigate a wide range of is­sues of the functioning of the state in the sphere of rule-making under the influence of various factors of the development of the legal system. There­fore, the issue of the place of the state acquires a broader and pluralistic character, represented in legal science by various approaches and directions of state characteristics, which include the follow­ing: 1) internationalization of law and state sov­ereignty; 2) expansion of the subject structure of rule-making; 3) strengthening of theoretical stud­ies of institutions of public power, which are sub­jects of rule-making; 4) scientific studies of the process of digitalization of rule-making are be­coming widespread; 5) questions of legal plural­ism are increasingly being raised in legal science; 6) research on the influence of public requests and needs on rule-making activity, especially the ac­tivity of public authorities, is being intensified. It is concluded that in the modern system of rule-making, the state plays a central role as the main subject that forms and implements legal norms. This role is due to the fact that the state has the legitimate power to create, approve and monitor the implementation of legal prescriptions. State rule-making is carried out through legisla­tive bodies, which adopt laws, as well as through executive and judicial bodies, which can adopt by-laws, interpret legal norms, etc. In addition, the state acts as a coordinator between various law-making subjects, ensuring the unity and co­herence of legal norms. Thanks to this, legal con­flicts can be avoided, social, economic and polit­ical processes can be more effectively regulated. However, along with state institutions, suprana­tional (international) organizations, public associ­ations and private entities are becoming increas­ingly important, which also influence the forma­tion of legal norms, especially in matters of human rights, environmental law, economic integration, etc. Such interaction is an important element of the globalization of law and ensures the univer­sality of legal standards, but it is the state that remains the main guarantor of the implementation and compliance with the norms of national law.

Globalização, empresa e responsabilidade socioambiental

The research addresses the globalization’s issue and socio-environmental responsibility of Brazilian companies concerning to adoption of ethical standards and business commitment based on the criteria of Environmental, Social and Corporate Governance, concepts that support the new process of internationalization of business law, globally. This is a systematic interpretation of the corporate production of wealth with emphasis of globalization for a better understanding of the role of the modern company which, in addition to being a supplier of goods and services, must be allied to socio-environmental interests with the creation of new markets, generating jobs and attracting new consumers. As a basis, scientific and bibliographical productions by Brazilian and international authors were researched. It is clear to conclude that there is a need for public policies to promote environmental education and social accountability of all Brazilian business people and thus guarantee the preservation and protection of the sustainable environment through the search for social and ethical values in defense of the global ecosystem.

The emergence of conscientious objection in national constitutions: A comparative legal analysis

Conscientious objection is a constitutional category in a significant number of countries. It is defined in a broader way than the usual concept, according to which a person is called upon to perform the military service in an alternative form, without a weapon. The moral and philosophical basis of conscientious objection appears as a reflection of the individual?s moral responsibility towards his or hers own political, religious, or humanistic convictions. In the paper various forms of constitutional solutions in terms of regulating conscientious objection are enumerated. Also, the substantive formulations used by the editors of the constitution are conveyed. Conscientious objection is also linked to the internationalization of constitutional law, serving as an additional tool for strengthening the influence of international law in the domain that was considered to belong in the area of sovereign regulation at the nation-states? level.

LEGAL GLOBALISATION AND ECONOMIC SYSTEMS

The objective content of globalisation is made up of processes that are heterogeneous in their origins, mechanisms and consequences, which makes it possible to consider globalisation as a complex system of phenomena and relations that is internally quite contradictory. This status of globalisation processes gives rise to a wide variety of concepts and theories of the origin and development of globalisation, among which a separate group studies globalisation in the field of economics and law. The article examines the main theories and concepts of the globalisation process and, on the basis of these, formulates general trends and guidelines for the development of the national legal and economic system. The author presents the main modern scientific positions on the nature and content of globalisation in the field of economics and law, which have made it possible to highlight its characteristics and conceptuality. It should be noted that the analysis of academic theories shows, firstly, that scholars tend to argue for legal globalisation exclusively through the sphere of economic relations and, secondly, that there are significant differences of opinion regarding the prospects of globalisation in this area. The authors suggest that the main trends are: (a) legal globalisation: internationalisation of national law, internalisation of international law – incorporation of international law into national law, globalisation of legal regulation; (b) economic globalisation: concentration and centralisation of capital, strengthening of the international division of labour, formation of international transport and logistics infrastructure, development of information and technological progress. The subject of the study is the main patterns of globalisation in the field of economics and law: theoretical concepts and models; current status, dynamics, main trends of development, as well as the state of scientific research in this field. The methodological basis of the study is, first of all, modern philosophical methods of cognition (dialectical, historical and logical, systemic and analytical). The study used general scientific methods of comparison, analysis and synthesis, abstraction and generalisation, analogy, induction and deduction. For the purposes of this study, system-structural and system-functional methods of cognition were widely used. These tools made it possible, first of all, to identify the dynamic characteristics of law in the system of socio-cultural values. Results. Globalisation is an objective process independent of the will and desires of individuals and states. Globalisation is an intrinsically contradictory phenomenon that opens up new opportunities for development and interaction between states, while exacerbating old and generating new problems. An intensive direction of globalisation is the acquisition of a new quality by world economic ties – increased interdependence and interaction of all spheres and components of international relations. Whereas at the previous stages of internationalisation of international relations, economic imperatives were recognised as dominant, today the importance of the legal factor is growing. It is stated that when studying the phenomenon of globalisation, at least two aspects are distinguished: (1) globalisation is an objective process, (2) it is promising to identify and use its positive aspects, and to identify and neutralise its negative phenomena. The complexity of the study of globalisation processes lies in the need to take into account the old and develop new models of social transformation.

Legal globalization: concepts, features, classification criteria.

The article carries out a theoretical and legal analysis of the concept and criteria of legal globalization and its impact on national legal systems, stages of its formation, features, classification criteria. Various views on the periodization and reasons for the formation of globalization processes are presented, the main ones being information technologies, which fundamentally change the entire system of socio-economic relations, transfer organizational-economic relations, transport and communication links to a qualitatively new technical level; aggravation of problems that are common to all people and countries of the world and important from the point of view of the preservation and development of human civilization. The well-founded opinion that globalization is a complex, multifaceted, multidirectional process, as a result of which there is a strengthening of relationships between the natural and social world, between countries and peoples, cultures and states, as well as between individual individuals. The forms and methods of the effect of globalization on the political and economic, legal and social life of states and peoples are considered. A classification of global problems that contribute to legal globalization and require the unification of efforts of all subjects and the development of joint solutions is proposed. The main directions of its influence on the legal sphere are analyzed: universalization and unification of law. The main direction of the influence of globalization on law is its universalization, which consists in the development of common basic principles and institutions of law, the elimination of contradictions between national legal systems. In turn, law becomes an important (valuable) tool of globalization, since the absence of a single legal field, its lack of formation (contradiction) slows down globalization processes in various spheres of formation and functioning of world society. In addition, law acts as the main ideological basis of globalization, which is designed to contain the negative aspects and consequences of globalization. It is concluded that the growing trend towards international legal globalization contributes to the emergence of new principles and norms of law, the establishment of which previously belonged to the sphere of internal affairs of sovereign states. This significantly updates the state and legal systems of the members of the world community in the context of modern universal standards. The globalization of law itself, the progressive development of universal properties, norms, forms and procedures of the legal type of social life is a necessary stage and demonstrates the ability of law to regulate the processes of societal globalization within the framework of the general legal world order. Key words: globalization, legal globalization, integration, legal integration, internationalization of law, legal convergence, reception, harmonization, unification of law, universalization of law, standardization of law, norms of international law, norms of national law, legal system, world legal order.

Trends in the development of constitutional law and problems of the transformation of the Constitution of Ukraine in the dimension of constitutional economy

The problems of the transformation of the Constitution of Ukraine in the context of the theory and practice of constitutional economics are considered. The problem of constitutionalization of economic relations is studied. The analysis of foreign experience shows that the successful development of the economy depends on the perfection of the mechanism of constitutional and legal regulation of economic and budget-financial relations, as well as the determination of the place and role of the state in the management of economic processes. The role of direct constitutional regulation of economic relations is particularly important. These and other factors determine the need for a conceptual analysis of the economic dimension of constitutional law and the Constitution of Ukraine. It was established that the process of constitutionalization of public property, public finances and other economic relations is connected with a significant expansion of the influence of constitutions on the processes of socioeconomic development of society. It is proved that property, finances, taxes, the budget, the banking system are categories of constitutional law in view of the degree of freedom of the individual and the limits of the powers of institutions of public power in the sphere of economy. The need to allocate separate sections «Public Property» and «Public Finances» in the Constitution of Ukraine is substantiated. According to the author, this will indicate not only the special constitutional significance of the relevant institutions, but also their axiological, synergistic, functional-teleological connection with the principles of the constitutional order. The foreign experience of constitutional economics shows that most constitutions initially regulated financial and economic relations quite fragmentarily. As constitutionalism developed, the constitutionalization of institutions of public property and public finance intensified. Constitutional regulation in this area became over time more and more detailed and branched, and therefore voluminous and functional. In this regard, we draw attention to the need to deepen the detailing of the constitutional regulation of public property and public finances. At the current stage of the development of constitutionalism, this is explained by the effect of the trends of economization and internationalization of constitutional law, which leads to the growth of both the importance and complexity of financial and economic relations and their legal regulation. In this context, the allocation of separate chapters on public property and public finances in the structure of the Constitution of Ukraine will largely reflect the development trends of modern constitutionalism. Key words: constitutional economy, economic constitutionalism, constitutionalization, constitution, public property, public finances, state, human rights, constitutional order, economic functions of the state, fiscal constitutionalism, constitutional regulation, constitutional values, democracy, public power, transformation of legislation.

Cultural challenges to competition law enforcement in Latin America

Abstract The internationalization of competition law in recent decades has been very successful. A very large number of jurisdictions have now adopted competition laws and apply them in marked similarity. And yet, at times, these laws, despite the similarity in wording and theory, lead to substantial differences when enforced. Differences in the meaning attributed to various concepts, to the goals of competition laws and to the methods of implementation, may result in inconsistency in the enforcement. The Latin American experience reveals a certain level of mutation process from the model laws through the flexibilization in their competition law enforcement, influenced by their own social values and beliefs, as well as their economic, political, institutional, and legal cultures. These cultural challenges need to be solved internally in each jurisdiction to allow competition law enforcement to further develop. Those jurisdictions where competition law enforcement has evolved the most are those that have adapted their competition laws to their cultural realities, while at the same time learning from the international experience. An interdisciplinary debate, at the local and regional levels, has showed to be an essential tool to help find possible solutions to the different challenges Latin American enforcers face.

Zasada określoności przepisów jako element ładu gospodarczego a bezpieczeństwo prawne przedsiębiorcy

The specificity of legal regulations as a principle of the proper legislation binds the legislature to formulate legal rules that are clear, precise, and consistent, including laws regulating business activities. The principle of specificity of legal regulations is particularly important in the view of such phenomena as a considerable increase in legislative output, internationalization of law, and increasing complexity of economic processes governed by legal regulations. The implementation of the principle of specificity is one of the conditions necessary to guarantee legal order, which is part of economic order, which is related to the security of doing business and the legal security of entrepreneurs.

ANALYSIS OF THE EFFECTIVENESS OF THE LAW «ON INTERNATIONAL TREATIES OF THE REPUBLIC OF KAZAKHSTAN»

Recently, the interest of the scientific community in the problems of designing international treaties has increased significantly, which is explained by a number of reasons. Firstly, the limits of legal regulation of international relations are expanding and, accordingly, the requirements for the quality of treaty acts, the consistency and coherence of their legal structures are increasing. Secondly, in the context of the internationalization of law, there is a convergence of international and national legal systems, the assertion of the priority of universally recognized principles of international law over national legislation, which implies the unification of many institutions of law, including law-making mechanisms [1]. The Law of the Republic of Kazakhstan «On International Treaties of the Republic of Kazakhstan» (hereinafter referred to as the Law) determines the procedure for concluding, implementing, amending and terminating international treaties. International treaties of the Republic of Kazakhstan are concluded, implemented, amended and terminated in accordance with the Constitution of the Republic of Kazakhstan, generally recognized principles and norms of international law, the provisions of the international treaty itself, the Vienna Convention on the Law of International Treaties, this Law and other legislative acts of the Republic of Kazakhstan. The Address of the President of the Republic to the people of Kazakhstan «Strategy «Kazakhstan-2050»: New political course of an established state» sets specific tasks for a consistent and predictable foreign policy, which is based on strengthening regional and global security. Only a world based on international treaties, where the obligations stipulated in them must be strictly observed, can be safe. The authors analyzed the effectiveness of the Law «On International Treaties of the Republic of Kazakhstan» and proposed new solutions to this issue.

Азаматтық институтының конституциялық-құқықтық негіздері

Мақалада Қазақстан Республикасының және шет елдердің қолданыстағы заңнамасын, азаматтық саласындағы ғылыми әдебиеттерді зерттеу және талдау негізінде азаматтық институтын құқықтық реттеудің өзекті мәселелері зерттелген. Қазақстан Республикасының Конституциясын, «Қазақстан Республикасының азаматтығы туралы» Заңды зерттеуге басты орын берілген, ал азаматтықты конституциялық-құқықтық реттеудің шетелдік тәжірибесі қарастырылған. Сонымен қатар азаматтық институттың мемлекет пен қоғамның дамуына, азаматтық қоғамның қалыптасуы үшін маңызды екендігі көрсетілген. Авторлар конституционализм теориясы мен практикасының басты мәселелерінің бірі — конституциялық азаматтық институты арқылы адамның құқықтары мен бостандықтарын дамыту және қамтамасыз ету екенін атап өткен. Мақала авторлары азаматтық ұғымын анықтап, оның конституциялық құқықтық ұйымдастыру мәні мен маңызын айқындау мәселелері бойынша негізгі көзқарастарды ұсынған. Атап айтқанда, құқықтың жалпы жаһандануы мен интернационалдануына байланысты Қазақстан Республикасының Конституциясы тұтастай алғанда конституциялық құқық дамуының әлемдік тенденцияларына сәйкес келетіндігі туралы қорытынды жасалған. Конституциялық-құқықтық заңнаманы одан әрі жетілдіру бағыттарының біріретінде конституциялық-құқықтық заңнамаға адам құқықтары жөніндегі халықаралық құқықтың жалпы танылған қағидаттары мен нормалары туралы ережені енгізу туралы ұсыныс тұжырымдалған.

The Institutional Dilemma and Development Path of the Internationalization of Commercial Law in the Context of the Civil Code

The Institutional Dilemma and Development Path of the Internationalization of Commercial Law in the Context of the Civil Code

International and National in Contemporary Private Law

Private international law as a branch of law still causes discussions regarding its subject, nature and sources. Therefore, all these as yet unresolved problems, having practical importance and theoretical interest, still require attention. The study is carried out using such methods as synchronous and diachronic comparative legal, historical, legal-linguistic, dialectical-materialistic, descriptive, analysis and synthesis. The present article is devoted to the main trends in the development of private international law in modern conditions from the point of view of the ratio of domestic (national) and inter-state (international and supranational) regulation. A brief historical overview provides the key to a better understanding of the current state of affairs. The competition of several factors contributing to the internationalization and nationalization of private law is one of the objects of exploration in the article. The development of private law is characterized by mutually contradictory trends, which, on the one hand, show the strengthening of the internationalization of legal regulation, and on the other hand, reflect the consolidation of the nationalization of legal means of streamlining the interaction of individuals and legal entities. The interweaving of factors (of legal and meta-legal nature) that feed both one and the other trend is specifically studied.

Terminological Gaps in the Context of Digitalization of English-Language Terminological System of Criminal Law

The present research deals with the analysis of lexical gaps belonging to legal terminology, which emerged in the Russian language due to the processes of digitalization of English-language terminological system of criminal law. Due to insufficient state of knowledge of terminological gaps in institutional discourse, in legal discourse in particular, the problem of developing the mechanisms to overcome terminological lacunarity becomes very significant, setting a task to find the most productive translation methods. Conducting complex linguistic analysis of lacunae in the Russian-language terminological system of criminal law emerged due to the internationalization of law in the conditions of development, enhancement of new information technologies and appearance of new highly-technological kinds of crimes using these technologies, demands employing a series of linguistic methods and approaches, particularly, content-analysis, component and etymological analysis, contrasting analysis aimed at comparing terminological gaps with extra-linguistic phenomena they represent, the research material includes legal online glossaries, reference and analytical materials of USA government agencies and information protection services, translation dictionaries. In the result of the conducted research the authors conclude that terminological gaps belonging to the sphere of criminal law are widely represented in English-language legal discourse. This can be explained by two objective tendencies typical of modern legal discourse, the tendency of internationalization of law and digitalization of English-language legal terminological system. The authors point out that conducting the linguistic analysis of terminological gaps demands applying a complex, multi-aspect, cross-disciplinary approach taking into consideration the data of allied areas of knowledge, particularly, criminal law, cultural studies of English-speaking countries as English-language non-equivalent units denote the concepts typical of English-language legal doctrines.

Internationalization of domestic law in the context of legal positions of the Russian Constitutional Court and the Russian Supreme Court

The article is aimed at identifying legal positions on the relationship between international and domestic Russian law in the decisions of Russian Constitutional Court and Russian Supreme Court.The purpose of the article is to confirm or disprove hypothesis that the practice of Russian Constitutional Court and Russian Supreme Court significantly changed the content of norm of Russian Constitution that recognizes generally recognized principles and norms of international law and international treaties as part of the Russian legal system.The methodological basis of the study was formed by both general scientific methods (dialectical, analysis and synthesis, induction and deduction) and special methods (synergistic, systemic-structural and formal-legal).The main results, scope of application. The main body of the article covers three interrelated issues. Firstly, the problems of interpretation of Pt. 4 of Art. 15 of the Russian Constitution. These problems are summarized to the ratio of the categories “generally recognized principles of international law” and “generally recognized norms of international law”, to possible contradictions between the current international treaty with the participation of Russia and the provisions of the Russian Constitution as well as to exceptions from the priority of international treaties over the domestic law of Russia. Five such exceptions are highlighted: the unconditional primacy of the Russian Constitution; domination of an international treaty only in the event of a conflict of its norms with the internal law of Russia; the presence in an international treaty of dispositive norms that are inferior to domestic law; taking into account the level of legal force when determining the correlation of an international treaty with the sources of national Russian law; implementation of an international treaty as self-executing or non-self-executing, when the priority of the latter directly depends on the adoption of an appropriate normative act of domestic law. Secondly, the system of legal positions of the Russian Constitutional Court on the relationship between international and domestic law and their target mission is considered. The legal positions on the issue under study are divided into two groups - on the interaction of international treaties with the domestic law of Russia and on the assessment of the prospects for the incorporation of the legal positions of the European Court of Human Rights into Russian legal system and the limits of its jurisdiction. The consolidating basis of all judicial legal positions is the unconditional priority of the Russian Constitution, the need to differentiate the normative content of an international treaty with the participation of the Russian Federation and acts of official interpretation by the authorized body of its norms, as well as the desire to preserve the constitutional identity of Russia. Thirdly, the subject of reflection was the limits of the internationalization of domestic law.Conclusions. There is an obstacle to the further internationalization of domestic law. It is the presence of spheres of public and state life that cannot and should not be included in the subject of international legal regulation and are subject exclusively to domestic legal impact. In addition, the framework of internationalization is due to the conflict with the state sovereignty of Russia and the desire to ensure the inviolability of the foundations of the constitutional order and national interests, and to ensure the country's constitutional identity.

THE ROLE OF LEGAL DOCTRINE IN THE PROCESS OF NATIONAL LEGAL SYSTEMS’ DEVELOPMENT UNDER THE IMPACT OF LEGAL GLOBALIZATION

Ukraine’s entry into the European Community as a plenipotentiary member anticipates the acceleration of legal reform with the aim of bringing national legislation in conformity to the standards of European legislation and implementing the fundamental principles and norms of international law in the field of human rights. The article is devoted to the issue of role of legal doctrine in the process of approximation of the domestic legal system to EU law. It is affirmed that the legal doctrine in a conceptualized form, produced by non-state international organizations with the participation of authoritative jurists and UN and EU institutions, is capable to facilitate to the improving the mechanism of international and legal convergence both in the process of law-making and law enforcement. In the process of legal approximation there noted a special role of legal doctrines that are formed by the Court of Justice of the European Union during interpretation of EU law, which are also part of the acquis communautaire system. It is mentioned that legal doctrine in Ukraine also plays an important role in the law-making process when adapting Ukrainian legislation to EU legislation, as well as in the law enforcement practice of Ukrainian courts. Legal doctrine plays an important role in the approximation of national legislation to EU law not only in the field of public law, but also in private law. Attention is focused on the fact that the constitutional-legal doctrine plays an exceptionally important role in the process of convergence of national legal systems, since the internationalization of law takes place primarily at the level of constitutional legislation. Various theoretical approaches to defining the concept of constitutional and legal doctrine are studied. There concluded about the importance of developing a doctrinal document – the concept of constitutional and legal policy, the subject of which is also the issue of the impact of legal globalization on the progress of the national legal system. Such a doctrinal document will contribute not only to the fulfilment of Ukraine’s international obligations, but also to the protection of national interests due to the critical perception of European legal standards in the process of adapting current domestic legislation to EU legislation and implementing the principles and norms of international law.

ФЕНОМЕНОЛОГІЯ МУНІЦИПАЛІЗМУ: ДО ВИОКРЕМЛЕННЯ СТРУКТУРНИХ БЛОКОВИХ ЕЛЕМЕНТ

The article is devoted to the analysis of the structural construction of the phenomenology of modern municipalism with the use of a systematic set of methods of legal knowledge. The author believes that taking into account characterological substantive, functional, narrative, connotational, contextual and identification features of the phenomenology of modern municipalism allows not only to identify, comprehend and understand the systemic criteria that form, determine, actualize and transform the studied period in the phenomenological but also to identify the relevant structural block elements that form and constitute it, including ideological, doctrinal, social, normative, praxeological, psychological, behavioral and other blocks. The conclusion is substantiated that the municipalization of public and state life, as well as the municipalization of the legal system of the state is an important driving force in the process of formation of structural block elements of modern municipalism. It is a complex process of restructuring and reorientation of social, state and normative constants of development and functioning of society, state, legal system from the needs of the state to the needs and interests of a person, its groups and collectives - to optimize social, state, normative technologies of existence and development man in a state-organized society, proper provision of its rights and freedoms. At the same time, the author added to this list the current trends of constitutionalization of international law and internationalization of constitutional law, which provide the phenomenology of municipalism of international legal personality, accompany and ensure its formation and development at the level of a state, associations and international community. Legal obligations contained in multilateral international agreements. It is concluded that taking into account the characterological content, functional, narrative, connotational, contextual and identification features of the phenomenology of modern municipalism allows not only to identify, comprehend and understand the systemic criteria that form, determine, actualize and transform the studied period in the studied but also to identify the relevant structural block elements that form and constitute it, including ideological, doctrinal, social, normative, praxeological, psychological, behavioral and other blocks. Restructuring the existing mechanisms, based on state statism and the priority of state interests in the opposite direction of the actual opposite teleological dominants, is one of the main tasks of municipal reform in Ukraine.

Constitution transformation

AbstractThis article explores the extent to which (if at all) the concept of a constitution is undergoing change in the conditions of globalization that characterize the early decades of the twenty-first century, to an extent that might be described as transformation. The question is prompted both by familiar manifestations of the interdependence of domestic constitutional and international law and practice, and by the interpretation placed on them by some of the literature on global constitutionalism. Some – although by no means all – of the literature and the experience on which it draws relate to the extent of transnational influence on the way in which constitutions now are made or changed: constitution transformation in the narrow, or more particular, sense. The article seeks to answer this question with reference to global constitutional experience, including – critically – experience in Asia, as one of the largest and most diverse regions of the world, too often omitted from studies of this kind. To this end, the article considers whether the concept of a constitution can be regarded as having been globally shared in any event; examines the phenomena associated with globalization that might suggest a paradigm change; and considers the arguments that mitigate against change, at least on a global scale. In exploring these factors, it necessarily considers the extent to which states in different regions of the world diverge in their experiences of the internationalization of constitutional law. The article concludes that, on balance, it is not plausible to argue that the generic concept of a constitution has changed, with global effect. It does, however, acknowledge that current conditions of globalization present a series of challenges for national constitutions. Responding to them might itself be regarded as an exercise in global constitutionalism.

Derecho internacional penal o derecho penal internacional: una discusión ociosa, a la luz de los principios establecidos en el Estatuto de Roma

En el siglo XXI se habla con mayor propiedad, claridad y fundamento de la existencia plena del derecho internacional penal (DIP) como resultado de un doble proceso: la internacionalización del derecho penal y la penalización o criminalización del derecho internacional. Hoy se le concibe como una rama especializada del derecho internacional público, que paulatinamente ha ido evolucionando hasta llegar a su institucionalización, haciendo posible su formulación precisa y sistematización toda vez que cuenta con precedente, práctica amplia y doctrina (requisitos básicos para su codificación). En el presente artículo comparto algunas reflexiones analítico-críticas en torno a su contenido específico y diferenciación con el derecho penal internacional (DPI), planteando la existencia de una discusión ociosa que se ha presentado en los medios académicos, doctrinales y profesionales, en el sentido de que ambas disciplinas son distintas en su denominación, pero idénticas en su forma y en su fondo. En tal virtud, se busca demostrar que el esclarecimiento de este falso debate se logra a la luz del estudio de los principios establecidos en el Estatuto de Roma de 1998, que da origen a la Corte Penal Internacional (CPI).

Fundamental Rights and Best Interests of the Child in Transnational Families, by Elisabetta Bergamini and Chiara Ragni

This edited book by Elisabetta Bergamini and Chiara Ragni covers a crucial theme—the implementation of children’s rights and interests in the EU in cross-border situations. Over the course of 16 chapters, highly important topics are covered which demonstrate the current rate of international movement of families, and the accompanying internationalisation of child and family law. Stalford noted in her seminal work ‘Children and the European Union: rights, welfare and accountability’ how the EU has experienced changes to its constitutional, legal, and institutional landscape over the years, and how this has generated new opportunities to engage with a broad range of social and rights related issues relating to children.1 The primary focus of the book—the protection of children in cross-border situations—is therefore a particularly worthy area for examination. Challenging questions are posed in this book, including those relating to the fundamental rights of children in transnational families, what...

ТРАНСФОРМАЦІЯ ДЕРЖАВНОГО СУВЕРЕНІТЕТУ В УМОВАХ СУЧАСНОГО КОНСТИТУЦІЙНО-ПРАВОВОГО РОЗВИТКУ

The article deals with theoretical and methodological approaches to the essence of the state sovereignty in modern conditions of legal globalization and European interstate integration from the point of view of searching for effective means of complex legal modernization of society. The author analyzes the legal content of this category, shows its specific features, reveals the importance of the processes of improving the basic elements of social relations and constitutional modernization of society and the state in modern conditions of legal globalization and European interstate integration. The need for further improvement of constitutional and legal regulation of the most important social relations as a key direction of legal modernization of social relations in a modern democratic state based on the fundamental foundations of European constitutionalism is underlined. At the same time, at the doctrinal level, there is no doubt that the Constitution of Ukraine has a certain degree of almost all the well-known features of the world, in particular, the European, constitutions. Summarizing the above, we consider it necessary to highlight the following main formal and legal features of the Constitution of Ukraine, which is the fundamental ground for modern constitutional and legal reform in our state: 1) a special subject accepting (people's character); 2) the fundamental (institutional) nature; 3) stability is coupled with dynamism; 4) reality; 5) formal and legal properties: the Constitution – the Fundamental Law of Ukraine; its highest legal force; Constitution – the legal base of legislation; A special procedure for making and amending; Special content and structure of the Constitution; Direct effect of its norms. This list is not exhaustive, but in our opinion, it is optimal for defining the main tasks and principles of constitutional and legal reform in the current conditions of legal globalization and European interstate integration. Thus, with the improvement of the Constitution of Ukraine as the main source of constitutional law of Ukraine, it is necessary to focus not only on the modernization of certain institutions that regulate it, but also on the strengthening of its legal properties in general. In other words, the leading role of the Constitution in the system of sources of constitutional law of Ukraine is due to its inherent legal properties, ensuring their effectiveness in society and is a priority task of modern constitutional and legal reform. Thus, under the constitutional and legal reform, in today's conditions of legal globalization and European interstate integration, it is necessary to reform of the sphere of constitutional law directly as a leading national branch of law of Ukraine, the formally-legal improvement and improvement of the constitutional legal material at all its system levels, as provisions, institutions, sub-sectors and industry as a whole. It should also be noted that the subject and object of the branch of constitutional law varies in modern conditions under the influence of a whole range of objective factors of legal and political reality, in particular, it refers to the processes of legal globalization and intergovernmental integration, which, in turn, internally causes the emergence of new branches and subnets of national law, strengthening the internationalization of constitutional law and the constitutionality of international and European law, the adaptation of domestic constitutional laws and to basic European legal standards as a prerequisite quality of the constitutional and legal reform in accordance with objectively existing conditions of society. The need for further improvement of the constitutional and legal regulation of the most important social relations as the most important line of public power in the context of the perception of the European legal system by the national legal system of Ukraine