INTRODUCTION. The research of the conceptual foundations of the principle of territorial integrity of states, taking into account possible conflicts of this principle with the principle of the right of people to self-determination equivalent in their legal force, is actual, especially in the context of contemporary international relations. At the same time, the justification of the need to respect the territorial integrity of states in the process of settling territorial disputes is also demonstrated in the works of the early representatives of international legal doctrine. MATERIALS AND METHODS. On the example of the activities, first of all, of the UN the article shows the effectiveness of the appeal of universal and regional judicial and non-judicial bodies to the principle of territorial integrity in the process of settling territorial disputes arising in the course of realizing the right of peoples to self-determination. The special materials for the research were the decisions of the UN Security Council on territorial disputes, the resolutions of the UN General Assembly on territorial disputes, the Declaration on the Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations of 1970, the Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960 and doctrinal interpretations of these documents. RESEARCH RESULTS. Based on the results of the analysis, the author notes that the absence in international law of a sufficiently clear legal definition of the principle of territorial integrity and its interdependence with the right of peoples to self-determination leads to double standards in assessing contemporary threats to international stability and security. DISCUSSION AND CONCLUSIONS. The author emphasized the necessity of progressive development and codification of the norms of international law, aimed at adapting to contemporary realities and the principle of territorial integrity, and the principle of the right of peoples to self-determination, so as to enhance the opportunities for their equivalent action as sources of international law.

 

INTRODUCTION. More than fifty years ago, on October 10th, 1967, the entry into force of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (“the Outer Space Treaty”) demonstrated the emergence of a new branch of international law: international outer space law (“ISL”). This article considers the contribution of the Russian Federation / U.S.S.R. and the United States and their leading lawyers and diplomats who were able to reach treaty cooperation even during the Cold War, and highlights the main historical legal steps on the way to signing of the Outer Space Treaty. The paper further focuses on the content of the Outer Space Treaty and other sources of ISL, and depicts approaches to interpretation of the treaty provisions with respect to actual legal challenges of space activities’ development, in the context of diverse economic, political and technological factors; as well as on the role of the Outer Space Treaty in the progressive development of ISL. MATERIALS AND METHODS. The theoretical background of this research consists of works of distinguished scholars and specialists in ISL as well as materials of diverse colloquiums, workshops and conferences on ISL. The analytical framework includes the Outer Space Treaty, other relevant international treaties; relevant UN GA resolutions; the 2001 Cape Town Convention and the 2012 Space Protocol; UN, COPUOS (including its subcommittees), ITU and UNIDROIT documents; national space legislation; documents and proceedings of the UNISPACE-III. The research is based on methods such as historical research, formal logic, including analysis, synthesis, analogy and modeling, as well as systematic, comparative and interpretation. RESEARCH RESULTS. Within the context of applicable principles and norms of the Outer Space Treaty, this article specifically provides an analysis of the related provisions of other sources of ISL, as well as unsettled legal issues such as 1) the international legal regime of natural resources of the Moon and other celestial bodies; 2) the use of the outer space solely for peaceful purposes; 3) the legal status of space tourists; 4) the legal regulation of commercial space activities involving a “foreign element” within the framework of the private international law and specifically private international space law (“PISL”); 5) the role of the 2001 Cape Town Convention and the 2012 Space Protocol in the context of international legal regulation of space activities, as well as, provided the entry into force of the Space Protocol, its role as the first specific international legal source of PISL; 6) International system of registration of interests in space assets as the third international system of registration related to space activities; 7) interpretation of Art. VIII of the Outer Space Treaty for the purposes of definition of law applicable to property rights over space objects located in the outer space; 8) “space object” and “space asset” as legal terms; 9) issues of international responsibility and liability, as well as extension of the scope of the concept of the “launching State”, including a proposal on addition of a potential fifth category; 10) registration and control; 11) International Space Station in the relevant legal framework; 12) ways of reaching of due relevance of international legal consequences for states resulted from the change of private law relations to the factual “participation” of the involved states in the corresponding space activities. DISCUSSION AND CONCLUSIONS. After discussing the issues noted above, this paper concludes that: 1) it is in the interest of the Russian Federation, the United States of America and other space powers to consider the role of the Outer Space Treaty as the basis for further progressive development of ISL and inter alia for orderly development of commercial space activities; 2) some burning issues of ISL, as well as other related legal challenges, can be resolved by an authentic interpretation of Outer Space Treaty provisions (e.g. by adding other specific protocols to it, or by means of a universal comprehensive convention on international space law); 3) it is important to take into account both the distinction of subject matter, as well as the relationship and interaction between diverse applicable sources and branches of international law and also relevant national legislation regarding the search for solutions of space related legal issues noted above. In sum, one needs to follow a comprehensive inclusive and coherent approach, involving science diplomacy.

INTRODUCTION. The year of 2018 marks with a global celebration of 70th anniversary of Universal Declaration of Human Rights, the landmark international document which represents the universal recognition that basic rights and fundamental freedoms are inherent to all human beings which is solemnly proclaimed by the UN member states. The most debatable and ambiguous issue is the determination of the legal status of this essential document. Given the fact that the Declaration was adopted by the UN General Assembly in a form of the resolution, it has a recommendatory character. However, the Declaration which adopted as “standard to which all nations and states should strive to achieve” has undergone a certain legal transformation related to the constant development and refinement in the process of concluding a rich body of legally binding international human rights treaties that affected both domestic and international law. In this regard, the statements on the necessity of recognition of the certain provisions of the Declaration as norms of the international customary law are timely and fully justified. The article analyzes national judicial practice of sovereign states and the International Court of Justice in order to identify the possibility of such recognition. MATERIALS AND METHODS. The article is based on a considerable amount of materials, including the Universal Declaration of Human Rights, working materials of the UN Commission on Human Rights, statements made during General Assembly meeting (documented as verbatim records) on adoption of the Declaration, decisions and advisory opinions of the International Court of Justice, as well as the doctrinal positions of different authors. The methodological basis of the research comprises the general scientific methods (the dialectical, historical, statistical methods, methods of generalization and system analysis) and special methods of cognition (comparative legal and formal legal methods, methods of interpretation of legal norms). RESEARCH RESULTS. In the basis of the study of the international legal acts and international judicial practice, national legislation and judicial practice of concrete states, as well as doctrinal positions of scientists, the author makes conclusions on the legal status of the Universal Declaration of Human Rights. DISCUSSION AND CONCLUSIONS. In the article the author gives a historical reference on the diplomatic contestation in the period of the adoption of the Declaration which subsequently affected the final text of the document. Taking into account the moral significance, as well as weighty contribution of the Declaration to the adoption of international and regional human rights treaties, national legislation and judicial practice, the author comes to the conclusion that the certain provisions of the Declaration should be recognized as norms of the international customary law. The author also concludes that in modern conditions, when a number of states are still not a party to the main international human rights treaties, the provisions of the Universal Declaration of Human Rights should act for them as binding norms of international customary law that are formed as a result of international practice of states and are gradually recognized by them as a legal norm. This conclusion is also formed on the basis of the practice of the International Court of Justice, the decisions and advisory opinions of which are analyzed by the author in this article.

INTRODUCTION. Considering close attention of the states to the work of the World Trade Organization, the interest is undoubtedly attracted by new agreements, adopted by it and based on current trends of trade development and aspiration of the states to conduct foreign economic activity more efficiently and without barriers. In particular, the article concerns Agreement on Trade Facilitation, adopted in 2014. MATERIALS AND METHODS. During the research the author has used international conventions, adopted within both the World Trade Organization, and World Customs Organization, modern doctrinal research of Russian and foreign authors. The methodological basis of the research consists of method of the systematical and logical analysis, dialectic method, legal-historical, comparative law and technical juridical methods. RESEARCH RESULTS. During the conducted research, the author, speaking about simplification of trade procedures, does not deny that the agreements adopted in this direction create a more effective mechanism on trade expenses decrease for business community. However, in the Agreement on Trade Facilitation rules from earlier adopted agreements and already applied in modern conditions by a large number of the countries repeat. DISCUSSION AND CONCLUSIONS. The author analyzes provisions of the Trade Facilitation Agreement (further – the Agreement) that was adopted in 2013 and entered into force in 2017, which is directly included in the Appendix 1A of the WTO Agreement, after the Agreement on Safeguards. The author compares and analyzes provisions of the Agreement, as well as provisions of other international conventions adopted on similar topics within another international organization – the World Customs Organization. The legal analysis of documents allows to draw a conclusion that provisions of the first section of the Agreement mostly aren’t innovative and probably will not lead to the expected actual trade development and simplification. There are a number of conventions, which consider questions of trade procedures simplification in more detail and member states of the World Trade Organization could refer to their continuity for members of this organization without signing the new Agreement. The result of the analysis of the second section of the Agreement concerning the special, differentiated mode for developing and least developed countries, will be considered by the author in the second part of the article.

INTRODUCTION. Climate change is the most important megatrend, which has a multiplier effect on the following: sovereignty of States (especially in contrast to the example of small island developing States whose territories may soon disappear – “to go under water”), forced displacement of the population both within States and outside (“environmental refugees”, “climate refugees”), increasing pressure on natural resources, increasing the number of natural disasters, desertification and water deficiency. It is possible to combat climate change only jointly at the international level and in accordance with international law. Since the problem of climate change has recently been discussed in the international field, there is an urgent need to create new instruments in international law and to adapt existing instruments. As a result of the consensus of positions of developed and developing States in 1992, the UN Framework Convention on Climate Change, then in 1997 by the Kyoto Protocol, and in 2015 – the Paris Agreement. Dozens of decisions are issued at the annual Conferences of the parties to these international agreements, which have a recommendatory force, but which have a significant impact on the maintenance of the international regime for combating the climate change. Furthermore, in various branches of international law (international human rights law, international economic law, international air law, international maritime law), mandatory and recommendatory acts are adopted to prevent climate change and adapt to the happened changes. MATERIALS AND METHODS. This study is based on a significant amount of materials, including international legal acts, recommendatory acts, national legislation of the Russian Federation, as well as modern doctrinal studies of Russian and foreign authors. The methodological basis of the research is the general methods of cognition (method of logical and systematic analysis, dialectical method, methods of deduction and induction) and specific methods of science (historical legal, comparative legal and formal legal methods, method of legal modeling and forecasting), and the method of legal forecasting. RESEARCH RESULTS. In this research the author analyzed various international mandatory and recommendatory instruments summarized the doctrinal positions of Russian and Western legal scholars and set out in domestic and foreign scientific literature, proposed amendments to Russian legislation to comply with international law in the field of combating climate change. The article summarizes the approaches under consideration and draws conclusions regarding the positioning of the Russian Federation and the United States in relation to the formation of an international legal regime for combating climate change. DISCUSSION AND CONCLUSIONS. International legal documents on combating climate change, both binding and recommendatory, are adopted in the field of international environmental law, international human rights law, international air law, international maritime law, international economic law. This shows that today there is an international legal regime to combat climate change. The combating climate change is closely interconnected with the Sustainable Development Goals (2016–2030), which should also be taken into account in the implementation of international and national law. Moreover, not only States and international intergovernmental organizations, but also non-governmental actors (large cities, TNCs, NGOs) are being called to implement the provisions of international legal instruments. It is concluded that there is a necessity to closely monitor the ongoing changes in the international field in the fight against climate change, the participation of the Russian Federation in them in order to develop their own position regarding the regulation of various issues related to combating climate change.

INTRODUCTION. The article examines the legal nature of the norms of the diplomatic protocol and ceremonial, based on the usages of international law, on the terms of international agreements and on acts of national legislation, in particular on the legislation of the Russian Federation. Special attention is focused on the application practice of the diplomatic protocol’s and ceremonial’s rules, as well as the consequences of violation of these norms for bilateral and multilateral diplomacy. Separately it is worth noting the historical review of the formation and development of the norms of the diplomatic protocol and ceremonial, both in Europe, in general, and in the Russian Empire, later in the Soviet period and the current trends in the development of protocol norms in the Russian Federation. MATERIALS AND METHODS. The materials for the study were the works of leading Russian and foreign professionals in the field of international law and diplomacy. In preparing this article, the works of not only contemporary authors in this sphere, but also classics, whose works have not lost their relevance for he purposes of this article, were taken into account. The methodological basis of scientific research was made up of general and special methods of cognition (dialectical method, method of analysis and synthesis, deduction and induction, comparative legal and historical method). RESEARCH RESULTS. Based on the results of the study, the article analyzes in detail historical aspects of the formation and development of the norms of the diplomatic protocol and ceremonial. The contents of the norms of the national legislation of the Russian Federation are set forth, which fix certain norms of the diplomatic protocol and ceremonial. Special attention should be paid to the numerous historical examples set forth in the article, which clearly demonstrate the consequences of violation of the norms of the diplomatic protocol and ceremonial for bilateral and multilateral diplomatic relations. DISCUSSION AND CONCLUSIONS. In the article the authors come to the conclusion that the significance of the norms of the diplomatic protocol and ceremonial for bilateral and multilateral diplomatic relations is increasing, which is due to the increase in international relations between states and between states and international organizations. Significant contribution to the development of the norms of the diplomatic protocol and ceremonial is made by acts of national legislation.

INTRODUCTION. An aircraft bears nationality of the state in which it is registered. This rule was first set in international air law conventions in the beginning of the XX century and it is still effective. At the same time there are no established criteria which the state entitled to put an aircraft in its register should fit. Due to this for the time being, aviation liberalization and deregulation have made it possible for air carriers to use leased aircraft registered in another states, and to adopt common maritime “flags of convenience” practice. This is true for our country, as more than 80% of fleet used at regular passenger flights by major Russian airlines, including the national carrier Aeroflot, is registered outside the Russian Federation. As a result, the meaning of “aircraft nationality” has become rather formalistic. The objective of this research is to study the impact of this situation on the global civil aviation and to search for legal solutions to mitigate possible negative effect thereof. MATERIALS AND METHODS. Study materials include international agreements on civil aviation, primarily Convention on International Civil Aviation of 1944, as well as documents of International Civil Aviation Organization (ICAO), international conventions on the law of the sea, UN International Court practice and studies of legal scholars. General scientific and private scientific methods of cognition composed methodological basis for the study. RESEARCH RESULTS. In the course of the study the author reveals two approaches to the “aircraft nationality” definition in international law. The first one is based on the notion that aircraft belongs to a state due to the fact of registration. This approach substantiates the idea of exclusive flag state jurisdiction over aircraft, similarly to a state’s jurisdiction over the regions adjoining to its territory (e.g. territorial waters). The second approach provides for the link between a state and an aircraft as the core nature of “nationality”, with registration being merely the confirmation thereof. Consequently, state’s jurisdiction is based on personal principle instead of territorial, which allows states other than flag state, primarily state of operator, to exercise jurisdiction over aircraft. DISCUSSION AND CONCLUSIONS. The author concludes that well-established formalistic approach to the “aircraft nationality” together with the exclusive flag state jurisdiction rule have adverse effect on civil aviation in the course of its liberalization and deregulation. The case is not only the economy of single states, but global undermining of uniform compliance by air carriers with international safety standards, as well as impeding or completely eliminating state supervision over aircraft maintenance and aviation security. The author suggests for air law development subject to the concept of “nationality” as the link between a state and an aircraf

INTRODUCTION. This survey presents overview of damages and other contractual remedies under law of Germany and law of England. MATERIALS AND METHODS. The study is based on a considerable amount of materials, including legal acts, decisions of judicial institutions, national legislation of England and Germany, as well as classical and contemporary doctrinal studies of Russian and foreign lawyers. The methodological basis of the research was the general scientific methods (logical and system analysis, the dialectical method, methods of deduction and induction) and special methods of cognition (historical and legal, comparative legal and formal legal methods, method of legal modeling and forecasting). RESEARCH RESULTS. The present comparison of damages and other contractual remedies available to legal entities and individuals under law of Germany and law of England shows the differences of legal systems of these countries. The differences in the legal systems entail the differences in remedies and its implementation. There are remedies under the law of England which are not contained in German law and there are remedies not very well developed in England but widely upheld by the law of Germany (for instance punitive damages and specific performance). DISCUSSION AND CONCLUSIONS. Provided that German law is a classical representative of continental legal system it targets to force a debtor to perform its obligations via well developed means of forcing in case a debtor fail or reject to perform in a due course. Damages in the case of contractual misconduct are regarded as a supplementary instrument applicable in situations where performance forcing means could not be applied for some reason. From the German academic approach standpoint the performance in kind is the main remedy, at the same time for the English law approach the most important thing is whether damages could be recovered. As a result for the English law the main question not in the content of an obligation but in negative consequences of its breach. English law doctrine evaluating breach of contract takes into account mainly commercial applicability and economic efficiency, meantime the German law takes into account moral aspect as well.