ISSUES OF THEORY OF INTERNATIONAL LAW
INTRODUCTION. The modern system of international relations features an incredible complexity of its processes and events. Thus, in different countries there is a transformation of the existing state-legal forms as well as crises of government institutions. New types of states are appearingon the political map of the world while the established forms of international cooperationare changing. Nevertheless, states are still the main participants of international communication.
MATHERIALS AND METHODS. Therefore, to perform an in-depth analysis of the modern international system of international relations as a whole and the position of individual states in it with quantitative indicators, one needs to create research tools that allow to make a qualitative assessment. We consider the category of “statehood” to be one of the main categories able to most fully assess the qualitative position of certain states in the world system and analyze various external manifestations of their essential and most significant characteristics. This article is devoted to a theoretical analysis of the category of “statehood” as a concept through which the unchanging essence of the state as a political unity and as a participant of international communication as well as the description of the forms of its external representation in international relations.
RESEARCH RESULTS. Statehood appears as a comprehensive characteristic of the state organization of society and the degree of development of its intangible culture, which is externally distributed in various methods and forms of the political and legal structure of this society and the basis for the historical continuity of its development. Statehood is not identical to the concept of the state, as it is a qualitative characteristic of a state-organized society. Statehood is a reflection of the internal organizing essence of the state. The carrier of statehood is the people.
DISCUSSION AND CONCLUSIONS. The main conclusions of the conducted research are as follows. First, the main forms of external realization of statehood in international law are the authority of the state and its national state tradition. The authority of the state is connected with the concept of international legality and is based on the constant and conscious adherence of the state to the general principles and principles of international law. National state tradition characterizes the state as a participant in international legal relations, possessing its own established state culture. Secondly, the modern system of international relations appears as a system of relations of authority of states, behind which there are all their diverse and multifaceted statuses and characteristics.
HUMAN RIGHTS
INTRODUCTION. The subject of this study is achievements (results) of technology, or more precisely, products of artificial intelligence (intelligent machine; intelligent computer program, etc.) and their impact on the implementation of human rights through the prism of the human mind and in the context of the international legal, including the human rights dimension.
MATERIALS AND METHODS. The scientific research is based on the work of both Russian and foreign specialists in the field of law, international law, international human rights law, as well as specialists in the regulation and use of artificial intelligence products. Documents and materials of international organizations, primarily the United Nations (UN), as well as national legal acts of the Russian Federation have been analyzed. In the preparation of the study, general scientific, comparative legal and specifically legal methods were used.
RESEARCH RESULTS. Within the framework of the conducted research, the authors delved into the concept of the term “artificial intelligence” itself, and come to the conclusion that despite its widespread use by specialists in various fields, there is no single concept of this term at the moment. The authors analyzed the national legal framework of the Russian Federation directly or indirectly regulating the use of AI products, as well as international legal achievements in the regulation of this area (primarily at the universal (UN) and integration (European Union (EU)) levels), with a special emphasis on the implementation and observance of human rights and freedoms.
DISCUSSION AND CONCLUSIONS. The authors came to the conclusion that the nature of the impact of artificial intelligence on the realization of human rights is dual. Already at the initial stage of defining the legal regime for the development and use of AI products weak mechanisms of control and responsibility in this sphere are laid down. The question arises as to which legal regime is preferable for states whose corporations are leading in the development of AI products. Despite existing international legal regulatory mechanisms, this protection is still insufficient.
LAW OF THE SEA
INTRODUCTION. This article analyzes in detail the most relevant provisions of the norms of private international law in the maritime transport of goods– the Hague, Hague-Visby, Hamburg and Rotterdam Rules. The development of maritime conventions on the carriage of goods by sea is studied from minimum standards establishing the obligations and responsibilities of the carrier to detailed unified legal systems regulating bill of lading. The development of regulation of the most important institutions is analyzed: the responsibility and duties of the carrier; the responsibility of the shipper; novels about transport records.
MATERIALS AND METHODS. A special place in the study is given to conducting a comparative analysis, identifying differences between the provisions of maritime conventions on cargo transportation, as well as studying the main advantages and disadvantages of the convention fixing the basic rules aimed at regulating relations on cross-border cargo transportation by sea.
RESEARCH RESULTS. The evolution of the provisions of the maritime conventions demonstrates their modernization in each subsequent version, with a tendency to expand the scope of territorial and substantive application, including more modern regulation of such important areas in the field of international transportation as carrier liability and the transfer of the burden of proof, detailing the regulation of the use of bills of lading. The thesis is substantiated that the mutual coexistence of three international regimes regulating maritime transport (the Hague, Hague-Visby and Hamburg Rules) violated its uniformity. The implementation of the provisions of the Rotterdam Convention, which contain detailed regulation of all parties to the contract for the carriage of goods by sea, in the future will contribute to filling legal gaps that until then were filled by the norms of national legislation, which, in turn, led to differences between the legal norms of individual countries and to a significant number of court proceedings. To solve the problem of international legal conflicts, in our opinion, it is necessary to reach a consensus on the ratification of an international act that would unify the rules for the international carriage of goods by sea. For sovereign states, it is relevant to adopt such regulations that will protect the interests of the relevant carriers, as well as the possibility of ratifying conventions with reservations and exceptions.
DISCUSSION AND CONCLUSIONS. The study substantiates the conclusion that it is necessary to improve the controversial norms of national legislation, as a result of which judicial proceedings arise, and the inclusion of the norms of modern international maritime conventions containing relevant and useful provisions for participants in these legal relations in the legislation of the Russian Federation, taking into account the mechanism of influence of foreign law on contractual and non-contractual relations between legal entities and individuals, and also on the basis of maintaining a balance of interests of large shipping and cargo companies in Russia.
SPACE LAW
INTRODUCTION. The article examines the issue of such a widespread concept in the practice of communication on international “space” platforms as “space debris”, in particular, what, from the point of view of the norms of international space law, represents this word combination, introduced into international circulation in the 70‒90s of the last century when discussing the problem of contamination created by it in near-Earth space.
MATERIALS AND METHODS. The material for the study are treaties of international space law, the Vienna Convention on the Law of Treaties 1969, resolutions of the UN General Assembly, reports of the UN Committee on the Peaceful Uses of Outer Space, as well as its Legal, and Scientific and Technical Subcommittees, statements of some delegations at their sessions, works of Russian and foreign scientists, materials of international structures, in particular the Inter-Agency Space Debris Coordination Committee, US regulations. Carrying out a comparative analysis of normative and other documents of the named structures, as well as some provisions of international treaties (taking into account their conceptual, vocabulary and terminological content), the author uses the general scientific method of cognition.
RESEARCH RESULTS. The current increased interest to the issue of “space debris” active removal has revealed the need to clarify the international legal basis for the emergence and use of this concept for further possible practical and international legal actions aimed at solving problems associated with such removal. It’s noted the lack of uniformity in the use of terms and word combinations on the issues under study, are considered definitions for “space debris” developed without due regard to the applicable norms of international space law, and are given regulatory explanations to the status of documents adopted in this area by various international structures and organizations.
DISCUSSION AND CONCLUSIONS. Assessing the current situation in matters of near-Earth space contamination, it can be noted that the issue of active removal of “space debris” should be resolved in the context of ensuring safe access to space, which is an integral part of the triune problem of space traffic management, the regulation of which is becoming an urgent problem and requires the development of a generally accepted legally binding international treaty.
LAW OF THE EUROPEAN UNION
INTRODUCTION. The current stage of development of integration processes within the European Union is accompanied by a clash between European identity and the national identity of individual European Union (EU) member states, which advocate building a national state and legal system in accordance with their own national ideas. In order to bring national approaches to supranational standards, EU institutions required the invention of ever new enforcement mechanisms, which are clothed in the form of mechanisms for monitoring compliance with the rule of law in individual EU member states. One of the most striking examples of the use of appropriate mechanisms was forcing Poland to comply with the principle of the rule of law in its supranational understanding. The analysis of the Polish experience takes on additional relevance in the context of the fact that pressure from EU institutions contributed to a change in the ruling party in Poland. PiS lost in the 2023 Sejm elections and in December 2023 a pro-European government led by D. Tusk came to power in Poland. The purpose of this article is to, based on an analysis of the practice of applying mechanisms for enforcing the rule of law (as understood by the EU) in relation to Poland, to identify key aspects of the evolution, as well as the current state of the system of enforcing member states to comply with the core values of the EU.
MATERIALS AND METHODS. When conducting the study, a wide range of supranational acts and official EU documents related to the application of mechanisms for enforcing compliance with the rule of law in relation to Poland was used. Also, materials from the law enforcement practice of the EU Court of Justice were used as a source for analysis. Additionally, publications in the media, official speeches and statements of Polish and European political figures were involved. General scientific (analysis, synthesis, induction, deduction, system method) and special scientific methods were used, which include: comparative legal method, historical legal method, method of analysis of judicial practice, formal legal method, etc.
RESEARCH RESULTS. The article provides a consistent analysis of the key mechanisms for forcing Poland to comply with the requirements of the rule of law in its supranational interpretation, which explains a lot in the polarization of the country's political forces and the periodically escalating confrontation between Warsaw and Brussels. The effectiveness of the applied mechanisms was assessed.
DISCUSSIONS AND CONCLUSIONS. Based on an analysis of the Polish experience, the conclusion is formulated that currently the EU has formed an effective financial and budgetary mechanism for forcing member states to comply with the requirements of the rule of law. It is substantiated that this mechanism today includes two key elements: general (the mechanism of conditionality of the rule of law of measures to protect the EU budget) and special (the mechanism of conditionality of the rule of law of providing financing from a special Recovery and Resilience Fund, formed to ensure post-pandemic recovery in 2021–2027). The article also concludes that other mechanisms for forcing EU member states to comply with the principle of the rule of law in its supranational understanding are ineffective. Thus, the following are characterized by low effectiveness: Framework procedure for combating systemic threats to the rule of law; Mechanism for redressing a serious and persistent violation by a Member State of EU values; Mechanism for strengthening the rule of law; as well as appealing individual actions of member states to the EU Court of Justice.
INTERNATIONAL PRIVATE LAW
INTRODUCTION. International unification of rules governing carriage of goods by sea has been of high importance. Historical, economic and political background as well as different approaches to adoption, ratification and entry into force of international legal acts impede harmonization of national laws. However, in spite of all these difficulties carriage of goods by sea is subject to international lawmaking which has a huge impact on the development of commercial intercourse and commercial transactions. Today the market of goods and services requires business to use the advantages of digital economy including electronic means of communication such as an electronic transport documents. An electronic bill of lading is one of the most important marine transport documents. As digital economy is moving forward digital transformation of carriage of goods by sea must not fall behind. Russian companies as well as international business community in general are in need for legal rules guiding digitalization of the bill of lading including its issuance and passage of title to the goods.
MATERIALS AND METHODS. This study is based on international conventions, model laws, domestic and foreign legislation as well as some other legal acts. Various methods applied in the course of this study resulted in different technical and juridical means of research including analytical review, synthesis, induction, deduction and formal legal analysis.
RESEARCH RESULTS. Scientific and practical aspects of this study have identified the need for the introduction of new forms of transport documents in international merchant shipping. The study has also demonstrated how to reach this target by implementing the rules of international conventions and national laws. The Rotterdam Rules have appeared to be the first codification of rules on electronic transport documents at an international level. However, they have not yet entered into force and are awaiting reflection in national legislation. As a bill of lading is a security its digital transformation requires hard work and true understanding of its legal nature. Lawmakers should take into account that a bill of lading is a document of title and can be used as a way to assign rights to the goods.
DISCUSSION AND CONCLUSIONS. The researcher comes to a conclusion that the adoption of international conventions, model laws and rules of foreign and domestic legislation leads to the introduction of new forms of transport documents to accompany international trade such as an electronic bill of lading. Impact of digital transformation of a bill of lading on carriage of goods by sea has been under scrutiny by national and foreign scholars whose opinions are reflected in this article. Both Russian and foreign laws have undergone legal reforms facilitating the passage of title to the goods from the consignor to the carrier under an electronic bill of lading. At the same time there is a need to protect legal interests of the owner of the goods and to invent new means of transferring the title to the goods. In this respect instruments offered by digital law and digital economy provide quite a good solution. For this reason legislation on electronic bill of lading must be subject to further development. An electronic bill of lading shall be qualified as a separate legal category which must go in parallel with digital law and may entail changes in Russian civil and shipping laws. The legal nature of a bill of lading is different from other types of securities as it is governed not only by civil legislation, but also by rules on carriage of goods by sea which is under great influence of international lawmaking. Implementation of international acts take different forms. This article illustrates how national laws reflect international rules on electronic transport documents specified in The UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea 2008, also known as the Rotterdam Rules.
ДОКУМЕНТЫ
ISSN 2619-0893 (Online)