Regional International Organizations Research Articles

التنظيم القانوني للحق في العمل النقابي في العراق

Human rights and fundamental freedoms have been recognized for all individuals through divine religions, stipulated international agreements and rules, with the efforts of international and regional international organizations to establish these rights for all individuals. As well as the direction of national legislation that has had a major role in ensuring these rights, especially after regarding the progress of countries a measure of their respect for human rights. One of these rights is the right to union action. After the increasing importance of the role of civil society institutions, including unions, in public life, this right has become an important requirement for unions to defend the rights of their members and represent the professions and interests of the working class, as it is a link between individuals and public authorities, especially after the political changes that most countries have witnessed. With regard to the topic of the research “the legal regulation of the right to union work in Iraq,” this study was divided into three sections. The first section included a statement of the concept of union and union work. The study dealt with the definition of union and union work and types of unions and the difference between them, while the second topic included the objective provisions. The procedures necessary for the establishment of trade unions, membership in them, and cases of their termination were referred to the conditions, objectivity and formality of establishing unions and the conditions related to the persons wishing to establish them. The study reached a set of results, including that the Iraqi legislator has guaranteed the right of individuals to establish unions and join them under the constitution (Article 22 / Third). Each union has its own law that establishes and organizes its business and management, the method of electing its board of directors and its financial resources. The study also concluded that professional unions are considered as persons of public law, while labor unions are considered persons of private law.

Proliferation of International Administrative Tribunals

AbstractThe first international administrative tribunal was set up in 1927. Since the Second World War many worldwide and regional international organizations were set up. They either created their own tribunal or accepted the jurisdiction of another tribunal for the adjudication of employment disputes. Dozens of such tribunals are functioning at present. Recently a number of organizations have withdrawn from the Administrative Tribunal of the International Labour Organization (ILOAT), and either set up their own tribunal or accepted the jurisdiction of another tribunal, which amounts to forum shopping. However, the proliferation of tribunals entails the risk of diverging judgments. Some cases have indeed occurred over the years, which have often been followed by calls for the merging of tribunals, or for the creation of a common appellate court. Some studies were made, but no concrete action was ever undertaken. Generally, there has been some convergence; however, it is likely that the current proliferation will remain.

КОНСТИТУЦІЙНО-ПРАВОВІ АСПЕКТИ ЗОВНІШНІХ ФУНКЦІЇЙ УКРАЇНИ ТА УГОРЩИНИ ПІД ТЕОРЕТИКО-ПРАВОВОЮ ПРИЗМОЮ

The modern globalized world needs the creation of a new type of international relations. The state cannot exist by itself, for its successful development it is necessary to actively cooperate with the international community. These are permanent good-neighborly relations, cooperation with leading democratic countries, and participation and active activity in universal and regional international organizations. This is required from the state, the medium type, and the existence of external threats, such as armed aggression, information wars, economic blockades by other states. The latest type of international relations, considering such factors as globalization, the transformation of modern society from post- industrial to information society, brings significant changes to the interaction of various types of external state activity. In the theory of the state and law, the functions of the state are classified according to the following criteria: according to the quintessence and tasks, according to the direction of the functions, according to the methods and means of their implementation, according to the spheres of state activity, according to the social weight of the functions, according to their time frames, etc. Recognizing that each of these scientific classifications has the right to exist, we support the opinion of those scientists who refer to such a classification the division of state functions by spheres of activity of the latter into internal and external functions of the state. Take for example the defense function of the state, which directly depends on its integration into the collective security system. Functions of the state are formalized tasks of activity for a specific period, of a specific state in the sphere of regulation of social relations, in particular, of an external nature, using methods not prohibited by national and international law in order to achieve the most advantageous positions of influence. The following sub-functions of the syncretic external function of the modern state are distinguished: foreign policy (diplomatic); defense of the state against external military aggression; foreign economic; establishment of international humanitarian relations; environmental or ecological (participation in international environmental protection); countering international terrorism and international organized crime. Within the scope of this article, we consider Ukrainian foreign policy (diplomatic), foreign economic and establishment of international humanitarian ties.

DEVELOPMENT OF RELATIONS BETWEEN THE KYRGYZ REPUBLIC AND THE PEOPLE’S REPUBLIC OF CHINA WITHIN THE FRAMEWORK OF THE SHANGHAI COOPERATION ORGANIZATION OF THE CONTEXT OF “ONE BELT, ONE ROAD” INITIATIVE

The article is devoted to the problems of developing relations between the Kyrgyz Republic and the PRC within the framework of the SCO in the period from 2013 to 2020. China’s launch of its economic initiative “One Belt, One Road” (OBOR) in the autumn of 2013 became a major factor in the further transformation of China’s relations with the countries of Central Asia. These processes naturally affected the most important international regional organization in the region - the Shanghai Cooperation Organization, since it was in its format that a significant part of the cooperation between the Kyrgyz Republic and the PRC proceeded. But with the beginning of the implementation of the BRI by Beijing, a new model of relations between the PRC and the Kyrgyz Republic begins to take shape, in which economic issues were preferred to be resolved bilaterally, and problems related to security issues within the framework of the SCO. But since the Ufa summit of the SCO in 2015, this regional structure has been further developed, as a result of which much more attention is being paid to economic partnership within its framework, which caused a deepening of relations in this area, including between Kyrgyzstan and China.

Environmental Regionalism and International Organizations: Implications for Post-Communism

ABSTRACT Regional international organizations (IOs) are considered to be among the most efficient platforms in promoting an environmental agenda at global, regional, and national levels. Yet, the dialogue between studies of global environmental politics and comparative regionalism is quite recent. The emergence of non-democratic regional organizations (NDROs) is among the most recent discoveries in comparative regionalism and their implications for environmental politics are to be considered. How do NDROs matter in promoting an environmental agenda? How do IOs advance the environmental agenda across the post-Communist region? This Special Issue aspires us to answer these questions through establishing a deeper dialogue between studies of environmental regionalism and authoritarian regionalism. This introduction lays out the theoretical ground for the collection of articles in this Special Issue. It proposes a definition and typology of environmental regionalism (ER) that distinguishes between democratic and autocratic ER. It then analyzes the contributions to the Special Issue within this new theoretical framework.

The Role of international Organizations in the Process of countering Cybercrime

The subject of the study is the role of international organizations in the formation of an international legal system for countering cross-border cybercrime. The purpose of the study is to identify current trends in the work of international organizations in the field of the formation of regional and global legal systems for countering cybercrime. The system approach and formal legal approach are used as the main research methods. As a result of the study, specific features of regional international organizations and legal problems of countering cybercrime were identified, the question of the applicability of existing international law to cyberspace was analyzed. In particular, it is noted that at the moment modern international law is not capable of adequately and effectively countering cybercrime. The absence of a universal international legal act regulating the process of combating cybercrime is emphasized. On the other hand, the positive role of individual international organizations in the formation of the international legal system of counteraction is noted. In particular, the study describes the practice of forming expert groups by such organizations, as well as assistance to other regional international organizations in the process of creating their own international legal systems. One of the main conclusions is the conclusion that the absence of a universal UN legal document creates certain difficulties in the course of interstate coordination of procedural actions of law enforcement agencies and interaction of relevant international organizations. The author also concludes that the law-making experience of individual international organizations can be taken as a basis for the creation of a universal international legal act regulating the fight against cybercrime.

Regional Education Organizations in the Arab World: A Case Study of the Arab League Educational, Cultural and Scientific Organization (ALECSO)

Abstract: While there are innumerable studies about global international organizations (IOs) in education, the role of regional organizations seems overshadowed by more powerful actors in the field, the United Nations Education, Science and Culture Organization (UNESCO), the World Bank, and the Organization for Economic Cooperation and Development (OECD). Although they are important in their regions, little is known about them and their interactions with global IOs. This research reveals new insight regarding the role that regional organizations play in the design of education policy in the Arab world, including all 22 Arab-speaking states of the Middle East and North Africa (MENA), a region that is defined by a common language, culture and religion, and how these policies are shaped by the interaction between regional and global IOs. Using a postcolonial framework, a qualitative case study was conducted of a regional IO focusing on the Arab world and an important actor in education policy: the Arab League Educational, Cultural and Scientific Organization (ALECSO). The analysis reveals how the ALECSO is unmoored between two trends that pull it in different directions: its spoken aim to counter Western hegemony in the region, and the dominance of certain IOs that necessarily define other organizations’ work.

Global environmental politics and international organizations: the Eurasian and European experience

ABSTRACT The literature on environmental politics and regional governance has mainly been dedicated to the role played by the European Union (EU). The analysis of environmental agenda and politics of other regional international organisations (IOs) remained in the shadows compared to studies of European actors. This special issue aims to address the following questions: How do various regional IOs matter in promoting and sustaining an environmental agenda? What challenges do they face? The first perspective developed in this Forward to special issue looks into European IOs comparatively to Eurasian IOs. The second perspective unfolds various environmental issues within the EU and across post-Communist EU members and candidate states. The analysis of these two perspectives discloses multiple dimensions in the nexus of political and economic developments, and contribute to better understanding of the role of IOs in sustainable development.

Approaches to Understanding and Normative Definition of the Category “Cybercrime” and Related Concepts in the Practice of Regional International Organizations

INTRODUCTION. Against the background of the unfolding epidemic of coronavirus, the trends in cybercrime that appeared in previous years have reached unprecedented magnitudes. The rapid transfer of many basic spheres of social functioning to a digital platform in an actual legal vacuum provided criminals with almost unlimited opportunities. In these circumstances, the task of improving and unifying the basic categories in the field of combating the «new form of crime» is of paramount interest not only from the point of view of theory, but also in order to create an effective international legal mechanism to counter this threat.MATERIALS AND METHODS. The material for the study were legal documents developed under the auspices of 14 regional international organizations, which represent one or another regional group, scientific works of foreign and domestic scientists. The methodological basis of the study was the general scientific and private scientific methods of cognition, traditional for legal work.RESEARCH RESULTS. The study revealed inconsistencies in terminology, the absence of a uniformly understood and applied normative definition of a «new form of crime» and related concepts that would meet the criterion of authenticity. Regional international organizations operate with such concepts as "cybercrime", "attacks against information systems", "crimes in the field of computer information", "crimes in the field of information technology", "information crime", "crimes related to computers and networks", "digital security risks", "the use of information and communication technologies (ICTs) for terrorist and criminal purposes". All this indicates the absence of common approaches to understanding the very essence and specific features of this criminal phenomenon.DISCUSSION AND CONCLUSIONS. The author draws attention to the fact that the term "cybercrime" is used in 7 out of 14 groups of international documents of a regional nature. Analysis of the work of domestic and foreign researchers confirms the validity of the use of the term "cybercrime", as most fully and accurately reflecting the unique properties of this type of crime, its technical component. Based on the correlation and comparative study of the terms "information crime", "computer crime", "cybercrime", the author formulates basic provisions that can be taken into account when trying to develop a unified concept. The author draws attention to the fact that, taking into account the specific nature of the object, subject and virtual environment of committing these crimes, any legal norm should be formulated and correlated with the objective possibility of its practical implementation, taking into account technical characteristics.

Региональное сотрудничество в области безопасности полетов: международно-правовые вопросы

INTRODUCTION.Based on the analysis of documents and practice of numerous regional international organizations and other present-day forms of regional interstate cooperation in the area of aviation safety and aircraft accident investigation the article examines different international legal issues arising out of such cooperation, including, in particular, the legal nature, powers and membership of these regional international organizations.MATERIALS AND METHODS.The present research has been conducted on the basis of international air law treaties, constituent instruments and decisions of various regional international organizations, the ICAO documents, as well as the works of Russian and foreign international law experts. The methodology of the research is based upon general scientific and special methods, including dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal method.RESEARCH RESULTS.On the basis of his research the author has been able to identify and classify all presentday forms of regional interstate cooperation in the area of aviation safety and aircraft accident investigation, define the legal nature of such forms, examine theoretical and practical international legal issues relating thereto as well as propose recommendations aimed at resolving these issues.DISCUSSION AND CONCLUSIONS.The advantages and the important role of regional cooperation of States in the area of aviation safety oversight and aircraft accident investigation are underlined in the article. However, despite the importance of such cooperation for enhancement of aviation safety, currently its development depends upon the successful resolution of the following problems: – improvement of international legal framework (e.g., international treaties, decisions of international organizations etc.), which governs establishment and functioning of aviation safety oversight and aircraft accident investigation regional international organizations and bodies, in particular, with the aim to expand their powers to perform more complex and important functions in the area of aviation safety oversight and accident investigation for their Member States (e.g., certification of aeronautical products and other civil aviation facilities, conducting full accident investigation etc.); – ensuring more sustainable funding for aviation safety oversight and aircraft accident investigation regional international organizations and bodies; – training of bigger number of aviation professionals performing inspectorial functions in the area of aviation safety oversight as well as aircraft accident and incident investigation functions; – limitation of cases of simultaneous membership of the same States in several aviation safety oversight and aircraft accident investigation regional international organizations. Resolving the problems mentioned above, in particular, on the basis of recommendations proposed in this article, will allow to increase the efficiency and attractiveness of different forms of regional cooperation in the area of aviation safety oversight and aircraft accident investigation for bigger number of States, as well as help to improve regional cooperation of the Russian Federation within the framework of the Eurasian Economic Union and the Commonwealth of Independent States in this area.

Transforming the policies of international organizations of the EU and NATO in order to ensure the energy security of member states

The article is devoted to the study of the problem of international energy security. It was perceived as part of general international security, and as a branch of national security. But new threats require that regional international organizations and military-political organizations, such as the EU and NATO, address this issue. When Russia cut off gas supplies through Ukraine in 2006 and 2009, some industrial production was suspended. This caused significant economic damage. This showed a clear vulnerability on the part of NATO countries and the possibility of using energy mechanisms against them in the future. Therefore, a stable supply of fuel has become a very important factor for Allies.
 It is expected that the actions of European countries to reduce CO2 emissions and replace carbon fuel with environmentally friendly energy will put pressure on the economy of oil and gas exporters. This will also have an indirect impact on importers, in particular NATO member states. The pursuit of clean energy carries not only benefits but also risks.
 The implications of switching to alternative energy sources for individual fossil fuel producers will vary. In some countries there may be social unrest, political crises until the collapse of the state. The latter can lead to waves of migration to Europe or the United States. The policies of individual states, which will lose legal sources of budget replenishment, and especially if they become a haven for terrorists, may become more aggressive.
 When formulating energy security policy, the possibility of using the energy sector as a weapon by individual states to achieve their foreign policy goals should be taken into account. Therefore, each state (union of states) will try to achieve a higher level of not only energy security, but also protection from associated threats.

Протесты против цен на газ в Казахстане: первое в истории вмешательство ОДКБ в одном из ее государств-членов

Relevance. The intervention of the peacekeeping forces of the Collective Security Treaty Organization (CSTO) into Kazakhstan is the first case of using the peacekeeping forces of the CSTO to ensure the sovereignty of a Member State of the Treaty, to prevent security threats and stabilize situation. This operation demonstrated the readiness of the states to provide assistance within the framework of the Collective Security Treaty on the basis of mutual agreement and at the request of the injured state. The purpose of this study is to examine the CSTO peacekeeping forces participation in the conflict resolution in Kazakhstan. The objectives of the study are to consider the main aspects of the history of CSTO establishment; to study the triggers of the conflict in Kazakhstan; to analyze the activities of the organization in relation to the conflict under con-sideration; to substantiate the need for the actions taken by the Organization; to study the role of the CSTO in the resolution of this conflict. Methodology. To carry out this study, general scientific and private-law methods (technical-legal method) as well as the historical-legal method were used. Results. The Collective Security Treaty Organization is a regional international organization that ensures peace and security. It can be argued with a high degree of probability that the CSTO is ready to repel attempts to violate the sovereignty of its member states. Conclusions. It is necessary to further improve the legal framework of the CSTO in order to counter new threats and challenges of the present. The consent of the Member States in assistance and support will ensure normal de-velopment of each Member State and exclude the possibility of outside interference in their internal affairs. In general, this is exactly the organization that can ensure security in the region.

Медіація у «сірій зоні»

Based on the gray zone concept the potential of mediation as an alternative conflict management and dispute resolution is assessed. Based on color, the "gray zone" metaphor is a conceptual framework for exploring the complex nature of contemporary conflicts, which outwardly resemble a "neither war nor peace" situation. It has been clarified that the gray zone concept, common in Western political science, comes from US intelligence documents and is used to describe conflicts in general, phases of conflict, operational environments or tactics resorted to by participants in various types of conflicts (conventional, hybrid, etc.). To test the hypothesis of the ineffectiveness of mediation in the "gray zone," we chose the conflict in eastern Ukraine, which, although it crossed the threshold of the "black zone" in 2014, remains a fragment of the "gray zone" in relations between Russia and the West. The existence of a "gray zone" in the conflict in Donbass has been proven based on criteria formed by other researchers, mainly concerning the composition of participants and tactics of struggle. It has been established that the gray zone creates unfavorable conditions for mediation. It shows how participants, and their proxies can use mediation to control the actions of their adversaries and thus fuel the conflict without crossing the threshold of war. The assessment of the potential of mediation in the "grey zone" includes the behavior of the conflict participant (the Russian Federation), which positions itself as a "mediator"; the characteristics of the regional international organization (OSCE) as mediator; the structure (Normandy format, TKG) and mediation tools; the negotiating positions of participants in the negotiation process and the status of implementation the agreements reached on the settlement. It is proved that the resolution of the "grey zone" conflicts depends on bilateral or multilateral negotiations between the "great states" which have sponsored non-state actors responsible for the main grey zone activities at the tactical level.  

LEGAL ASPECTS OF COUNTERING THE CREATION AND DISSEMINATION OF FAKE INFORMATION ON THE INTERNET ON THE EXAMPLE OF THE DOMESTIC LEGISLATION OF STATES AND THE PRACTICE OF INTERNATIONAL REGIONAL ORGANIZATIONS

The threat of the dissemination and influence of fake (unreliable, false) information can be regarded as one of the negative manifestations of the large-scale digitalization process that covered all spheres of social functioning and structure. Against the backdrop of the unfolding coronavirus epidemic, the threatening consequences of the rapid and uncontrolled process of disinformation in the global information space became especially evident. The phenomenon of fake information becomes a global threat, catastrophic in its destructive consequences. Effective counteraction to the growing threat of misinformation is possible only through an integrated approach that includes adequate and sufficient legal instruments. Purpose: to consider legal mechanisms to combat fake content, both at the level of national legislation of states and at the international level. In the course of the work, through the application of the method of comparative legal analysis, a study is conducted and an assessment is made of the existing approaches to the definition and normative binding of the category of «fake information»; highlighting the essential characteristics of this phenomenon, criteria for classifying this or that information as fake, researching the mechanism of criminalization of acts of creating and disseminating fake news in the information space using the example of the domestic legislation of individual states, as well as an overview of existing international initiatives in this area, undertaken at the level of regional international organizations (for example, the EU), and universal measures (UN initiatives). Results: based on the results of the study, the authors come to the conclusion that it is necessary to develop a universal comprehensive international legal mechanism to counter the threat of the spread of fake information in the global information space, which should be based on generally binding principles of international law, in the first place respect and observance of human and civil rights and freedoms. Only such an approach seems to be the most effective and can be a kind of deterrent on the way of the desire of individual governments to establish censorship and excessive state control of the information space.

Designing suspension clauses to defend democracy: lessons from negotiating the OAS's Washington Protocol

Nine regional international organisations (RIOs) have adopted suspension clauses to defend democracy since 1990, but we have a weak historical understanding of the conditions under which these clauses are designed. The literature has advanced numerous arguments about delegation, generally based on power, preferences and norms. This article asks under what conditions RIO member states support suspension clauses for democracy enforcement, and what shapes their preferences over the design of said clauses. Taking the lock-in hypothesis as a starting point, I offer an alternative explanation to that of regime type: the nature of a state’s anti-democratic experiences determines its preferences for expansive or restrictive multilateral democracy enforcement. States that suffered from external threats to their political regime will prefer a narrow scope and restricted use of suspension clauses, while those that suffered primarily from internal threats will be in favour of a broader role for RIOs and a more readily applicable suspension clause. I test the plausibility of this explanation in a case study which reconstructs the negotiations for the first such suspension clause in this era, the 1992 Washington Protocol amending the Charter of the Organization of American States (OAS).

An Overview of the State of Electoral Democracy in Africa

Abstract Most recent accounts paint a bleak and gloomy picture of the state of global democracy. This is particularly so in Africa where the optimism of a democratic revival in the 1990s is rapidly giving way to narratives of doom and gloom. Using survey data compiled by well-established regional and global international organisations, this paper assesses the state of electoral democracy in Africa, reviews the challenges that have been encountered, and considers the prospects for the future. The trend in the evolution of electoral democracy on the continent in the last three decades points to an authoritarian mobilisation and resurgence. Although elections have become the norm, these elections are increasingly being used to disguise all forms of undemocratic governance. The major lesson to be drawn from the study is that there is no African country where democracy and constitutionalism can be thought of as firmly consolidated and secure. The number of countries which are declining due to failed or flawed electoral processes, or which show signs of stagnation, far exceed those that have improved to one degree or another. Current developments are not random ad hoc efforts to undermine the credibility of elections and democracy but rather, rational and well-calculated responses by ruling African elites who seek to perpetuate their rule. What this points to is the need to rethink strategies for promoting genuinely competitive elections, democracy, and constitutionalism.

'Your Own Space and Time': Spatiality and Temporality in the Study of the International Organisations of the Middle East

AbstractThe regional international organisations of the Middle East clearly work to different traditions than Western International Organisations (IOs) and are comprised of states which are known for their secrecy and hostility to critique. This is methodological challenge enough without taking into account the influences of temporal and spatial practices upon the functioning of these organisations. Using anthropological approaches to time and space an argument is advanced that putting temporal and spatial considerations at the heart of the study of these bodies impacts upon our conceptual, theoretical and methodological outlooks – generating richer, more nuanced insights. Thus, not only do time and space form an important research agenda in their own right but they also better inform existing theoretical understandings of IOs, particularly the historical and sociological institutionalist traditions. Drawing from direct experience with some of the key difficulties researchers face when engaging with these organisations, the article demonstrates the need for a reflexive and adaptive methodological engagement which can engage with the impacts of place and perceptions of time, examining these bodies less in comparison with the expectations scholars carry for IOs such as the UN and EU and more on their own terms, in their own situational and temporal contexts.

Regime, Climate, and Region in Transition: Russian Participation in the Arctic Council

ABSTRACT The Arctic Council (AC) was created with multiple competing agendas. Russia played a crucial role in its founding and has been an indispensable member since then. I consider the evolution of Russian participation in order to investigate the juncture of regime type, regional international organization, and environmental protection. How has Russia contributed to climate change policies through the AC’s Sustainable Development Working Group (SDWG)? I argue that issues connected to environmental protection and regional cooperation can be used by democratic and non-democratic states in order to leverage influence beyond the region itself and to advance broad geostrategic concerns.

Sustainable Development Agendas of Regional International Organizations: The European Bank of Reconstruction and Development and the Eurasian Development Bank

ABSTRACT The paper analyzes how the European Bank of Reconstruction and Development (EBRD) and the Eurasian Development Bank (EDB) approach sustainable development in their legal documents and social media. Unlike democracies, autocracies are driven by concerns of regime survival, but they often seek legitimacy through expressed commitments to global norms. We find that while the EBRD has a clear and detailed environmental agenda, this is not so for the EDB, which appears unconcerned about legitimizing itself on this issue. The paper advances our understanding of the likely role of these organizations in sustainable development, identifying areas for further research on global environmental challenges.

The Political Economy of China’s Rising Role in Regional International Organizations: Are There Strategies and Policies of the Chinese Way Considered and Applied?

In order to build up a wielding core role in Asia-Pacific region, China with a high intention and purpose tries to approach her surrounding neighboring nations for closer economic alliance as well as provides an opportunity of “South-South cooperation” to gain geographic “win-win” performance and more amicable settlement. It further depicts that China plays an indispensable and irreplaceable role in regional institutionalized construction, which can be considered as the Chinese way for strategic application. Basically, there are three major Chinese approaches of development strategy utilized on regional economic activities in order to accelerate and ascend China’s role on regional and trans-regional international organizations. Those are: (1) to play a role of promoter as booster/accelerator, such as for BRICS and RCEP; (2) to manage a role of active participator as communicator/supporter, such as for APEC and G20, and (3) to act a role of initiator as creator and chieftain, such as for OBORI, SCO, and BAF.