Problems Of International Law Research Articles

Codification of European Private International Law!

Codification of European Private International Law!

Current Problems of International Legal Copyright Protection

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

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

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

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

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

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

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

Private International Law as Art

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

THE STATE AS A SPECIAL SUBJECT OF CYBERSPACE

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

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

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

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

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

Ege Hava Sahası:Türkiye ve Yunanistan Sorunları

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

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

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

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

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

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

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

‘Legitimacy, Public International Law and Intractable Problems’

‘Legitimacy, Public International Law and Intractable Problems’

Interstate investment legal treatment as a factor of investment attractiveness

The theses are devoted to one of the key components of international investment agreements – investment legal treatment, since an even fluent analysis of international investment arbitrations with participation of states and subjects of economic activity with investments from abroad delivers understanding that standards and guarantees of investment legal treatments have fundamental character at least for the mentioned legal practices. Kind of argument for this could be found in a position of agreed provisions of investment treatments at bilateral investment treaties, which usually follows introduction norms for investment permitting and admitting, being set from the very beginning of such treaties. But, is this fundamental character of investment legal treatments being remained in other important rules of international investment implementation? Scientific questions about corresponding dualism are likely the key at these theses, because the concept of investment legal treatment is quite deeply studied in the framework of international law and general law theories, but leaves a number of insufficiently disclosed scientific and practical issues regarding the specifics of this concept in certain branches, including international investment law in the first place. The analysis defines main practical problems of international investment law, including the legal protection of international investment and the delimitation of actions of states that constitute expropriation or the measures taken by states under the right to regulate within public interest. Separate researching attention also paid to legal interaction between the concepts of the investment legal treatment as legal instrument of an international lawyer, and the state guarantees for the protection of foreign investment – as remedy and element of specialist in domestic law practices. Provided research significates investment legal treatment importance as a factor of local investment attractiveness, it also outlines importance of development of state guarantees for protection of foreign investments by delivering progressive European approaches as the examples, focusing on effective balance reaching within the corresponding regulation. Scientific and practical conclusions on the most important legal sources in the field of international investment activities are made, the direction for the next stage of researching work is preoutlined. Key words: international investment law, international investments, investment legal treatment, bilateral investment treaties, international investment arbitration, state guarantees for the protection of foreign investments.

Prevention of Offences Committed by Convicted Prisoners of War: Problems of International Law, Penitentiary and Other Legal Regulation

The goal of the article is to prove the necessity of forming in Russia a legal basis for a complex correctional-preventive influence on convicted prisoners of war due to their higher danger, relevant professional skills, and specific individual characteristics. Focusing the attention of Russian lawmakers on the legal regulation of key means of correcting convicts (definition of the concept of correction, a list of its means and then only a partial description of the contents of some of them) does not result in the creation of an interconnected system aimed at the prevention of penitentiary crimes, malicious violations and other offences committed by convicts. Although the prevention of new offences by convicts is one of the goals of penitentiary legislation, the Penitentiary Code of the Russian Federation does not include the means of achieving it, and the preventive significance of various penological and inter-sectoral institutions used in the context of convicts correction and early release from serving a sentence is not sufficiently described and implemented. The authors conclude that there is no due legal regulation of the treatment of prisoners of war in Russian legislation, including the Federal Constitutional Law «On Martial Law» and the Penitentiary Code of the Russian Federation, and that it is necessary to take into consideration the Geneva Convention relative to the Treatment of Prisoners of War to improve the effectiveness of preventing offences committed by convicted prisoners of war. A number of clauses of the abovementioned international document present interest for the improvement of penitentiary and other Russian legislation, including a prohibition of the repatriation of prisoners of war in cases of a self-inflicted injury, gaining access to spiritual help from a religious organization only if the prisoners behavior is lawful, a possibility of preliminary detention before the imposition of penalty, the use of other measures by the state agencies of the Detaining Power, and well as by other international and national public organizations when convicted prisoners of war are isolated through their internment.

WAR IN THE FIELD TRANSFORMS INTO LEGAL WAR: AZERBAIJAN'S AND ARMENIA'S INITIATIVES IN INTERNATIONAL LAW AS A STRUGGLE FOR MORAL SUPREMACY

İkinci Karabağ Savaşı Azerbaycan’ın kesin zaferi ile sonuçlanmıştır. Sahada sona eren sıcak savaş, şimdi ise mahkeme salonlarına taşınmış olup, taraflar birbirlerine karşı birçok koldan hukuki süreçler başlatmışlardır. Bu makalenin iki amacı vardır. Bunlardan ilki İkinci Karabağ Savaşı vesilesi ile doğan veya yeniden gün yüzüne çıkan uluslararası hukuk sorunları ile ilgili genel bir malumat ve analiz sunmaktır. Bu kapsamda etkin kontrol sorunu, kendi kaderini tayin hakkı iddiası, Azerbaycan’ın işgalden kurtarma operasyonunun hangi hukuki gerekçeye dayandığı gibi uluslararası neşriyatta tartışılan konular okuyucunun dikkatine sunulacaktır. İkinci olarak, makale Uluslar arası Adalet Divanı önünde, Her Türlü Irk Ayrımcılığının Ortadan Kaldırılması Sözleşmesinin ihlal edildiği iddiası ile tarafların açtığı karşılıklı davaları genel olarak inceleyerek, davaların muhtemel çıktıları ile alakalı analizini sunacaktır. Bu noktada Sözleşmenin yargı yetkisi yaratmak için kullanılan bir arka kapı haline gelmesi ve Uluslar arası Adalet Divanı’nın bunu engelleyecek adımlar atmaması eleştirilecektir.

Forms of implementation of legal policy in the field of civil law

One of the most pressing modern problems of international law is the study of the characteristics of the regulation of civil law, as well as the forms of application of legal policy in the field of civil law. The guidelines for the development of private law policy are not only related to the development of legislation and the improvement of civil law doctrine, but also to the reform of judicial approaches in the examination of civil law disputes. The aim of the study is to form a scientific understanding of legal policy in the field of civil law, taking into account its current state. The multiplicity of objectives is dictated by the search for legal tools that optimize the existing mechanism of regulation of civil law as a solid basis to guarantee the effective application and full protection of the subjective rights and legitimate interests of civil law. In carrying out the study of the subject, the traditional scientific methods of knowledge were applied in jurisprudence, whose basis is the method of materialist dialectics, which allows to provide a comprehensive analysis of the processes under study in their conditionality and historical interrelation.

Law at the bifurcation point: discussion of the conceptual study military problems of International Law (Discussion in the format of the “Round Table” based on the materials of Chapter 6 “Military problems of International Law” Volume III of the monograph “Military Law”)

The year 2022 was marked by the publication of a number of interesting conceptual scientific publications in the most popular publishing houses of the country, research institutions and leading universities. One of such scientific works is Volume III of the monograph “Military Law”, published under the auspices of the Institute of State and Law of the Russian Academy of Sciences, under the general editorship of the Director of the Institute of State and Law of the Russian Academy of Sciences, Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor A.N. Savenkov and Doctor of Law, Professor A.V. Kudashkin (I and II volumes published in 2021). The monograph under discussion bursts into the reader’s consciousness with a wide palette of issues under consideration, the theoretical breadth and methodological elaboration of which does not leave him indifferent. The subject of the theoretical discussion is Chapter 6 “Military problems of International Law” of Volume III “Main problems and promising areas of military legal research”, which contains six paragraphs in which current trends in the development of international military and military-technical cooperation, military problems of International and International Humanitarian Law, as well as international State responsibility are consistently studied and other questions. As a result of the discussion, it is noted that the scientific work under consideration is by its nature a conceptual knowledge of military problems of International Law, which accumulates in a systematic form the existing knowledge in the field of military aspects of International Law, opening up broad prospects for its study while studying at universities and conducting further research in this area of military legal knowledge.

Temporary application of international treaties: legal aspects

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.