Legal Cooperation Research Articles

Транстихоокеанское партнерство и всестороннее региональное экономическое партнерство как международно-правовая модель экономической интеграции в Азиатско-Тихоокеанском регионе

The article explores international law aspects of the contemporary integration processes in the Asia-Pacific with a specific focus on such relatively new formationsas the Trans-Pacific Partnership (TPP) and the Regional Comprehensive Economic Partnership (RCEP). Based on the WTO law provisions with regard to the free trade areas for goods and services, both Partnerships significantly widen the scope of regulated inter-governmental relationships, which allows considering the TPP and the RCEP as a fundamentally new form of the regional trade agreements. Having a fixed number of participating states and a system of institution with their functions and competencies, the Partnerships do not represent inter-governmental organizations and are vested with no legal capacity or, especially, supranational powers. However, this does not undermine the trade and economic significance of the Partnerships while also making them an attractive model of the soft integration structure between the states having different level of economic development, located in different geographical regions and bound with their own integration obligations under bi- and multilateral (subregional) trade agreements. The founding agreements of the Partnerships are typical “WTO plus” arrangements combining the provisions on liberalization of trade in goods and services with the parties’ mutual obligations in the fields of investments, sustainable development, competition, administrative and legal cooperation. At the same time, applicability of parallel bi- and multilateral trade agreements between the Asia-Pacific states, including those within ASEAN, forms a complex multilayer regulation of foreign trade and entails a risk of legal uncertainty for economic operators.

Implementation of the “Digital China” Initiative and Prospects for International Legal Cooperation in the Digital Age

Implementation of the “Digital China” Initiative and Prospects for International Legal Cooperation in the Digital Age

Educational aspect in the legal regulation of scientific research in the constituent instruments of UN Specialized Agencies

The aim of the article is to explore how the integration of educational aspects into the legal regulation of scientific research is addressed within the constituent instruments of UN specialized agencies. It seeks to show how education serves as a bridge between scientific advancements and their practical applications, making research more accessible to society. The article identifies a gap in systematic scholarly inquiry into international legal cooperation on scientific research, highlighting the need for a more comprehensive analysis. The methodology employed includes comparative and systematic analysis of relevant international legal documents, focusing on how scientific activity is reflected in the statutory frameworks of various UN organizations. The article applies methods of analysis and synthesis, as well as structural, formal-legal, and hermeneutic approaches, utilizing both deduction and induction. The most relevant results indicate that scientific activity is consistently regulated within key treaties, especially in the UNESCO Constitution and IAEA Statute. The article also identifies references to science and scientific activity in the statutes of other organizations, including the World Meteorological Organization, WHO, FAO, and the International Maritime Organization, showing the wide regulatory framework governing scientific research across different sectors.

ASPECTS OF SCIENTIFIC RESEARCH IN UNIVERSAL ENVIRONMENTAL TREATIES: LEGAL AND ECONOMIC ANALYSIS

The article emphasises that aspects of international legal cooperation in the field of scientific research have not yet been the subject of a systematic, comprehensive scientific study either in the context of international law doctrine or in relevant publications. The subject of the study is the legal regulation of scientific research in universal international environmental treaties, with the aim of identifying the specific features of such international legal mechanisms. The paper examines the challenges and paradoxes faced by international environmental law in regulating scientific research as a process, as well as in balancing scientific research with the practical needs for appropriate resources. The research uses hermeneutical, prognostic, comparative and systemic analysis of relevant international treaties as components of the modern system of international law. It applies a complex set of methods, including analysis and synthesis, structural and formal-legal methods, as well as scientific deduction and induction approaches. The combination of these methods provides a thorough examination of how international environmental treaties regulate scientific research. The methodology includes a hermeneutic approach to interpret the language and provisions of various environmental treaties, a predictive approach to forecast potential developments and the outcomes of current regulation, a comparative analysis to identify similarities and differences between different treaties, and a systems analysis to understand how these treaties fit into the broader system of international law. Taken together, these methods provide a reliable basis for assessing the current state and future directions of international legal cooperation in environmental research. The main objective of the article is to reveal the unique characteristics and complexities inherent in the international legal mechanisms governing scientific research under environmental treaties. It aims to highlight the current challenges and paradoxes faced by international environmental law in this context. These include the need to address global environmental problems with often limited and unreliable scientific data, the need to respect and encourage scientific research, and the imperative to balance the search for scientific knowledge with the practical needs of natural resources. The results of the study show that environmental conventions reflect several important challenges. One of the main challenges is to address global environmental issues in the face of a lack of reliable scientific information, while respecting scientific research and its results. Another crucial challenge is to maintain a balance between promoting scientific research and meeting the practical resource needs of humanity. The author posits that international environmental law sources represent an enduring endeavour to achieve equilibrium in the formation of convention bodies. This equilibrium strives to reconcile the sovereign interests of participating states with the necessity of maintaining a high level of expertise within relevant commissions and committees. In conclusion, the paper emphasises the necessity for the continuous development and refinement of legal regulation pertaining to scientific research within the field of international environmental law. This is in order to effectively address the dynamic and complex interplay between scientific advancement and environmental sustainability.

Legal Cooperation and Conflict Resolution Mechanism in Guangdong-Hong Kong-Macao Greater Bay Area

The Guangdong-Hong Kong-Macao Greater Bay Area (GBA) is an important strategic region for China's economic development. The coordination and integration of its legal system plays a key role in realizing the economic, social and cultural integration in the region. However, as Hong Kong, Macao and Guangdong belong to different legal systems and social systems respectively, the differences between the legal systems lead to frequent conflicts of laws and hinder the coordinated development in the region. Based on the constitutional and legal foundations, historical and cultural backgrounds of Guangdong, Hong Kong and Macao, as well as the practical experience of Guangdong, this paper analyzes in detail the main challenges facing the current legal collaboration and conflict resolution mechanism in the GBA. These challenges are mainly reflected in the imperfect legislative design, the inadequacy of legal protection, and the unclear legal remedies. Through in-depth discussion of these issues, this paper proposes specific ways to establish a legislative coordination mechanism, formulate a unified substantive law, develop diversified relief channels, and ensure the equal application of law by residents of the three places, with a view to optimizing the legal cooperation and conflict resolution mechanism of the GBA, so as to provide a solid legal guarantee for regional stability and prosperity. The research in this paper not only provides a new perspective for understanding the complexity of legal integration in the GBA, but also puts forward feasible suggestions for deepening regional legal cooperation in the future.

The Impact of Regional Economic Integration on International Commercial Law: The Cases of the EU and ASEAN

This paper explores the profound impact of regional economic integration on international commercial law by analyzing the cases of the European Union (EU) and the Association of Southeast Asian Nations (ASEAN). The study first outlines the theoretical foundations and main types of regional economic integration. It then delves into the high degree of legal unification in the EU and the flexible legal coordination in ASEAN. By comparing their legal systems, corporate law, contract law, and dispute resolution mechanisms, the paper reveals how the EU plays a leading role in international commercial law through its strict legal framework, while ASEAN achieves regional cooperation through non-binding consensus mechanisms. The research finds that regional economic integration not only enhances legal standards and innovation in international commercial law but also significantly impacts the legal compliance and business operations of multinational enterprises. The paper concludes with policy recommendations to strengthen regional legal cooperation and further harmonize international commercial law, and it suggests future research directions, including the impact of other regional economic integration organizations and deeper studies into specific legal fields.

Management Economic Systems and Governance to Reduce Potential Risks in Digital Silk Road Investments: Legal Cooperation between Hainan Free Trade Port and Ethiopia

This research explores the interplay between innovation, economic systems, governance structures, and law, and how they interact with one another in the context of China and Ethiopia’s investments in the Digital Silk Road. The way cutting-edge methods related to governance and economic systems might help lower the risks involved in major infrastructure projects, like the Digital Silk Road, particularly in light of law and 5G developments, is investigated. China–Africa connections are to be strengthened, sustainable development is to be encouraged, and healthy economic progress is the goal of the partnership between Ethiopia and the Hainan Free Trade Port. The impact of these transnational investments on fair growth and sustainable development is assessed, while exploring the evolving agendas and procedures governing investments. This research draws attention to how the law and legal cooperation between Ethiopia and China may promote mutually advantageous outcomes, promote transparency and governance mechanisms, and lessen the likelihood of disputes. This research on the factors influencing the future of the Digital Silk Road and its consequences for long-term, sustainable economic growth, and business in the area, aims to provide valuable insights for policymakers, development professionals, and academics, and for the copromotion of China and Ethiopia in terms of digital investment. This research relates to the promotion of the African Continental Free Trade Area (AfCFTA), in terms of construction and economic development. It also examines how the DSR raises concerns about data security and privacy, cross-border transactions, technology transfer, and cyberterrorism, as well as encourages digital investment, such as through enhancing digital governance regulations, modernizing international investment agreements (IIAs), and bolstering global health, coordination, and cooperation; the article concludes by analyzing the implications for Africa. The findings show that such cooperation would support Africa’s digital transformation and sustainable development, while strengthening China–Africa cooperation.

LEGAL CHARACTERISTICS OF PRIVATE DETECTIVE ACTIVITY IN THE REPUBLIC OF KAZAKHSTAN

Private detective work is a professional activity involving the collection, analysis, and provision of information about various events, persons, and objects, commissioned by individuals or organizations. The article underscores the relevance of this field in the context of ongoing reforms in law enforcement agencies, and the authors argue that the legislative consolidation of private detective work can significantly enhance the level of legal assistance to citizens, society, and the state. The legal status of a private investigator should be normatively established, with its own principles, methods, legal status, and cooperation with law enforcement agencies. Justifying the need for legislative regulation, the authors point to the principles that should serve as the foundation for private detectives. The authors emphasize the importance of the interaction of private detectives with state law enforcement agencies for the effective fight against criminal offenses and identify four categories of interaction: legal cooperation, technical cooperation, information field and operational interaction, and support. International norms are crucial conditions for the legal regulation of private detective activities in the country. In the context of global practices, the authors note the commonality of principles, goals, and objectives of private detective activities, but they also recognize the existence of national peculiarities regulated by the legislation and legal system of each state. Additionally, in this article, the authors provide a legal description of the legal status of a private detective and develop recommendations for utilizing the results of their work in the field of criminal procedure.

Problematic aspects of the influence of the legal system on social phenomena

The article examines the problem of the interaction of law with other social phenomena. On the one hand, law can be used to protect other social phenomena, such as moral norms, economic interests, cultural values, and on the other hand, social phenomena can influence the formation of legal norms and law and order in society. An important aspect of research is the interaction of legal norms with such social phenomena as politics, economy, culture, morality, and others, as well as the influence of legal norms on social reality and the interaction of various aspects of society’s life. The article examines the problem of the correlation of legal policy with certain social phenomena, and also determines the role of law in the formation of social reality. In addition, the author investigates the problem of regulation of social phenomena by the norms of national and international law in the context of social phenomena. Understanding the relationship between law and various social phenomena is important for the development of legal policy in the conditions of constantly changing social realities. Studying the relationship between law and other social phenomena allows us to understand the causes of such conflicts and find ways to solve problems. Understanding the relationship between law and social phenomena is important for the effective functioning of the legal system, ensuring the protection of human rights and freedoms, the development of international law and legal awareness. Knowledge of this interaction helps to understand trends in the development of law as a social phenomenon, as well as social phenomena as components of law. Also, understanding the relationship between law and other social phenomena is important for the development of the international legal system and the implementation of international legal cooperation. In connection with the growth of globalization and international cooperation, there is a need for the development of international law and legal instruments that regulate relations between different states and international organizations. Understanding legal norms and their relationship with social phenomena contributes to the formation of a high legal culture in society and ensuring the protection of human rights and freedoms.

Exploring Legal Dynamics in Contemporary Migration with a Focus on Refugee and Migrant Rights

The phenomenon of migration poses a pressing quandary within the context of the global legal framework, heightened by persistent political instability and the repercussions of climate change. These factors compel a significant populace to seek alternative habitats, where they encounter varying degrees of success in the process of societal integration. The purpose of the article was to explore the legal aspects of migration processes in the modern world viewed through the lens of delineating the rights of refugees and migrants. With the use of rigorous scientific methods such as content analysis and comparison, this study elucidated the fundamental aspects of the migration dilemma. It demonstrated that the development of sound migration policies is of paramount importance in navigating this complex terrain. While initial international resolutions made general declarations, contemporary conventions provide detailed frameworks that, alongside national laws, establish the foundation for the assimilation of non-citizens into host societies. It was demonstrated that the increase in the number of migrants and displaced persons has led to a more detailed legal framework. While the initial international resolutions, such as those from the United Nations, primarily took a declarative stance, contemporary conventions exhibit a significantly more detailed approach. In conjunction with the legal norms of individual nations, these modern frameworks establish the foundation for the assimilation of recently arrived non-citizens into their host society. The results pointed out that this process took place according to the scheme of considering international standards and conventions on the migrants' and refugees' rights protection, which become the basis for the development of relevant provisions of national legislation. Consequently, in order to address migration comprehensively, the findings underscored the need to promote inter-state legal cooperation. The global community can progress towards achieving a fairer and more sustainable resolution of migration challenges by embracing a framework centered on inter-state legal cooperation. In addition to highlighting the current state of the law, the study argued for the development of innovative solutions to address the complexity of migration in the interconnected world.

Legal Cooperation of Kazakhstan with the BRICS Countries on the Production and Operation of Medical Electric Vehicles with Artificial Intelligence Technologies

This scientific article is devoted to the study and analysis of legal relations between the Republic of Kazakhstan and the BRICS countries in the field of the production and operation of medical electric vehicles with artificial intelligence technologies. Particular attention is paid to legislative measures that promote the formation and development of a new industrial sector, such as the production of medical electric vehicles with artificial intelligence technologies. The research uses a number of methods, including studying empirical data, comparative legal analysis, synthesis, generalization, and scientific forecasting. The article proposes legislative measures to solve the problems facing the medical electrical machinebuilding industry and the unmanned medical electric vehicle industry, as well as the difficulties of integrating automation and digitalization into the production process of transportation plants in Kazakhstan and the BRICS countries. In the order of forecasting, the authors propose the adoption of several laws that are relevant to the issue under consideration. These proposals include the signing of new international cooperation agreements between Kazakhstan and the BRICS countries aimed at the introduction of digitalization at machine-building plants in Kazakhstan for the production of medical electric vehicles equipped with artificial intelligence technologies.

Единое нотариальное пространство в рамках Евразийского экономического союза: к вопросу о гармонизации законодательства

This article delves into the imperative need for establishing a unified notarial space within the Eurasian Economic Union (EAEU), aimed at propelling member states towards heightened levels of cooperation. Such a framework is envisioned to enhance the efficiency of civil law relations, enable the mobile registration of inheritance rights, facilitate remote and electronic notarial actions, and facilitate the remote exchange of information and documents within the confines of the EAEU. Emphasis is placed on the necessity of forging agreements con- cerning legal assistance, cooperation, and amity among the federal notarial chambers of participating countries. Additionally, a mechanism for formalizing cross-border inheritance rights is proposed, akin to one existing and effi- caciously employed within the European Union. Consideration is given to ensuring confidentiality and information protection through the utilization of electronic systems, allowing for citizen identification and guaranteeing the pre- vention of personal data leakage. In essence, the realization of a unified notarial space within the EAEU heralds a paradigm shift towards enhanced legal interoperability and efficiency, fostering a climate conducive to robust trans- national legal cooperation and harmonization. As such, it represents a significant stride towards the realization of a more integrated and cohesive legal landscape within the Eurasian region.

Legal behavior and human identity in the debate paradigm of the philosophy of law

This article analyzes the peculiarities of the reflection of a person’s legal behavior in the light of various philosophical and legal scientific discourses. In general, the analysis of a person’s legal behavior in the debatable paradigm of the philosophy of law in the context of studying the problem of establishing legal cooperation illuminates the deep aspects of the interaction between the individual and the legal system. Philosophical concepts help to consider this topic on a metaphysical level, revealing the fundamental principles and moral aspects of legal behavior.
 It was established that the primary springboard for considering behavior in the context of legal reality is its consideration through the ideological paradigm of human rights, since the concept recognizes the inalienability and inalienability of the rights of each person, justifying their fundamentality due to the presence of dignity inherent to each person. The main idea is that these rights are not only legal norms, but also a key element that forms personal dignity and freedom and express the personal identity of a person, and in evaluating human behavior, the role of the state and society in ensuring and protecting rights as an unconditional axiological determinants.
 It is proved that a valid paradigm of reflection is the need to analyze behavior in the prism of a social contract, since the mutual agreement of people involves the exchange of a part of individual freedom for common order and security, ensured by the adoption of rules and obligations, which forms the basis for the creation of the state and the legal order. Thus, a person’s behavior is evaluated for its compliance with established rules and the ability to interact with other members of society in peace and mutual understanding.
 It is motivated that the philosophical analysis of ethical-philosophical concepts in the context of human behavior defines two key areas - deontology and consequentology. Deontology, focusing on duties and rules, determines the morality of actions regardless of their consequences, indicating the obligation of ethical norms, and consequentology focuses on the consequences of actions as the main criterion for their moral evaluation, emphasizing the importance of positive results.

The Judicial Institutions Response to Human Trafficking: A Case Study From Southeast Europe

Trafficking in human beings is a phenomenon of global proportions, which on the one hand violates basic human rights and on the other hand represents a modern form of slavery. This phenomenon is influenced by various factors that are directly related to the level of development of the state, such as the economic situation, poverty, difficult housing conditions, low level of education, sociocultural factors, etc. Trafficking in human beings in Kosovo concerning the number of inhabitants is considered to be high, despite the measures taken by the justice institutions. In this paper, the main focus is based on the analysis of the contribution of justice institutions concerning the criminal offense of trafficking in human beings in Kosovo and the comparability of cases of trafficking during the years 2017-2022. Furthermore, the conclusions of this research emphasize the necessary measures and policies that should be undertaken by the institutions of justice for the prevention and combating of this negative phenomenon at the country level. It also includes the importance of international legal cooperation, public awareness, and protection of victims through institutional channels. Only through inter-institutional cooperation and the raising of social awareness success can be achieved in the combat against this phenomenon, namely to protect basic human rights and freedoms.

PRINCIPIO DE RECONOCIMIENTO MUTUO Y DE COOPERACIÓN EN LA UNION EUROPEA

This work focuses on the study of the principle of mutual recognition and cooperation, the result of the effort of the European Union to achieve an area of ​​freedom, security and justice. To this end, numerous legal instruments have been created, which turned out to be fragmentary and dispersed. This necessitated a new approach based on mutual recognition of criminal decisions in cases with a cross-border dimension. This is achieved through a new legal cooperation model, based on mutual trust, the use of uniform forms and the way the Member States interact.

INTERNATIONAL LEGAL ASPECTS OF PROSECUTORS OFFICE OF THE REPUBLIC OF UZBEKISTAN SUPERVISION OVER THE IMPLEMENTATION OF LAW ON ASSISTANCE IN CORRUPTION MATTERS

The Law of the Republic of Uzbekistan "On the Prosecutor's Office" (new edition) for the first time endowed the bodies of the Prosecutor's Office, represented by the General Prosecutor's Office of the Republic of Uzbekistan, with significant powers to implement international legal cooperation.

The Position and Urgency of the Justice Collaborator in the Crime of Shooting by Richard Eliezer (Ruling Number: 798/Pid.B/ 2022/ PN. Jkt. Sel)

The position of witnesses is very important in the trial process because witnesses provide proof of the guilt of the suspect and defendant based on what they saw and experienced. A justice collaborator is a person who is a witness to a criminal act and collaborates with the main perpetrator. If one of the perpetrators of a particular criminal act admits what was done but is not the main perpetrator of the action, they provide information as a witness in the criminal trial. The problems that will be discussed in this research are what is the position of Justice Collaborator in Indonesian criminal law, what is the urgency of Richard Eliezer as Justice Collaborator in the criminal case of the shooting of Joshua Hutabarat (analysis of decision Number: 789/Pid.B/ 2022/PN. Jkt.Sel ). In carrying out this research the author used a method that can answer the problem formulation in this research, namely qualitative with a normative juridical approach. In several cases, the judge handling the Justice Collaborator referred to the Supreme Court Circular No. 04 of 2011 concerning handling Justice Collaborators in certain criminal cases, or SEMA No. 04 of 2011. Protection Regulations carry out protective actions and cooperate with justice. Whistleblowers cannot be prosecuted criminally or civilly for reports or statements made, made, or have been made. However, witnesses cannot be acquitted of criminal charges in the same case if their guilt is clearly proven in court. Because of his testimony, the judge was able to reduce the sentence. The Justice Collaborator is currently regulated by law. The Justice Collaborator is essential to organizing an orderly system of justice and providing effective enforcement and protection for those who are or will be witnesses. It also plays an important role in preventing criminal activity by achieving goals, fostering trust, fostering respect, and encouraging legal cooperation. Supreme Court Circular No. 4 (SEMA) of 2011 states that the government must be involved in investigating cases of witnesses and victims, emphasizing that the idea of justice collaborators is based on the belief that people who are punished for their actions can be used to ensure justice in criminal cases.

Legal Cooperation between the ICC and States in Providing Assistance in Gathering Evidence in the Investigation of International Crimes Committed by the Russian Federation in Ukraine

Legal Cooperation between the ICC and States in Providing Assistance in Gathering Evidence in the Investigation of International Crimes Committed by the Russian Federation in Ukraine

Evolutionary stages of the development of international legal cooperation in the field of copyright protection

Evolutionary stages of the development of international legal cooperation in the field of copyright protection

LEGAL ASPECTS OF ENERGY COOPERATION OF THE SHANGHAI COOPERATION ORGANIZATION MEMBER STATES

Energy is the main area of cooperation among the member states of the Shanghai Cooperation Organization (SCO). From project cooperation to "Energy Cooperation Club" agreements, the member states' desire to jointly build energy cooperation has achieved certain results. The existing SCO energy cooperation takes the form of declarations, agreements, statements, meeting minutes and memorandums of understanding, as well as principle provisions that lack clear responsibilities in treaties. It is soft at the level of international law, and it does not fully constitute a comprehensive legal cooperation mechanism. The laws of each member state lack stability and uniformity, and existing treaties do not have corresponding mechanisms to ensure the implementation of dispute settlement solutions. There is also a lack of interest coordination mechanisms accepted by member states, making it difficult to meet the needs of current and future SCO energy cooperation. In the future, only by giving full play to the role of the "Energy Cooperation Club" and establishing a comprehensive and effective legal mechanism for energy cooperation, including energy cooperation information sharing mechanism, energy cooperation environmental protection legal mechanism and energy dispute settlement mechanism can we fundamentally solve the problems in mutual energy cooperation. To strengthen the reciprocity, stability and standardization of cooperation, to create conditions and opportunities for energy cooperation among member states.