HISTORY OF INTERNATIONAL LAW
INTRODUCTION. The article focuses on the problem of modern status of international legal order in the context of adherence to the international legal principles, established by the First Hague Conference. The article includes the analysis of contemporary international legal approaches of Russia and the USA to the main issues of international relations and world legal order of XXI century.
MATERIALS AND METHODS. The materials include the analysis of the texts of the conventions of the First Hague Conference of Peace and theoretical and practical conclusions of International Law School of F.F. Martens, and scientific, political and legal publications of the US foreign policy. The article uses a benchmarking approach of Russian and US international legal doctrines and diplomatic practice.
RESEARCH RESULTS. As a conclusion of research of the posed questions of consolidation of legal principles and norms in the context of contemporary foreign policy of Russia and transatlantic Western countries it is suggested that the modern Western political doctrines deviate from the International legal basis, defined by science and practice of international law, and from it’s classic doctrines formed in the XX century.
DISCUSSION AND CONCLUSIONS. It seems that the current crisis in the modern system of international relations can be overcome on the basis of the proposals considered by F.F. Martens more than a hundred years ago, but not lost their relevance today. First of all, it is about adherence to the principle of the supremacy of international law as the only true way to ensure order and stability in international relations.
HUMAN RIGHTS
INTRODUCTION. The paper considers the problem of the realisation of the core international human rights treaties at the national level from a perspective of the importance of conducting doctrinal research in this area. The authors provide the analysis of the content of the study project “The Impact of the United Nations Human Rights Treaties on the Domestic Level”, launched in 2018 in continuation of the study carried out almost 20 years ago initiated by Ch. Heyns and F. Viljoen, professors of the Center for Human Rights of the University of Pretoria (South Africa), with the support of the Office of the UN High Commissioner for Human Rights (OHCHR), to study the impact of the six existing at that time core international human rights treaties on the human rights situation in 20 States, including the Russian Federation.
MATERIALS AND METHODS. The research was based on a variety of study materials, including international treaties, outcome documents of the international conferences, recommendations of the human rights treaty bodies, doctrinal studies, national legislation and the court practice of the Russian Federation. The authors applied historical legal and comparative legal methods when comparing the contents of the 1999 research and the 2018 study project, tracking the developments in the universal human rights system since 1999 till today, comparing the current tendencies in the realisation of the human rights treaties in Russia with the conclusions of the previous research on Russia. The method of legal forecasting was used to determine the perspectives of the present and possible future research on the impact of human rights treaties in States.
RESEARCH RESULTS. Demonstrating the developments in the universal human rights system and the dynamics in the realisation of the human rights treaties in Russia taken place since 1999, the authors examined the tasks of the new research they need to conduct as the successors of professors Yu. Kolosov and Yu. Reshetov and identified the specifics of the approach of the new study comparing to the previous one.
DISCUSSION AND CONCLUSIONS. The authors demonstrate the potential of the study to determine the measures to enhance the effectiveness of the human rights treaty body system within the ongoing process on its strengthening, including the 2020 UN comprehensive review of the progress achieved in this field. The paper points out the importance of expanding the research to more than 20 countries, already covered by the research, with a view of forming a comprehensive picture of the way in which the international human rights treaty system influences the situation of rights holders at local level, just where it really matters.
INTRODUCTION. The article deals with one of the principles of the usage of ionizing radiation in medicine – the principle of justification. The authors study the content and the legal consolidation of the principle of justification in the Standards of the IAEA, Russia and the European Union law. The particular attention is paid to the practical application of the principle.
MATERIALS AND METHODS. The subject matter for the study wеre the regulations and standards of the IAEA, legislation of Russia and the EU concerning the usage of ionizing radiation in medicine; proceedings materials of the International conference on radiation protection in medicine (2017); scientific publications of the researchers from Russia and the EU dealing with the standards of the IAEA. The methodology of the study is based on the general and specific methods of cognition.
RESEARCH RESULTS. As a result of the conducted research the authors come to the conclusion about the need to add the current legislation concerning the principle of justification, and offer a list of specific recommendations in order to get the problem over.
DISCUSSION ANDCONCLUSIONS. The authors come to the conclusion that there are some problems in the international and national law dealing with the principle of justification. In order to solve the problems and correct a legal deficiency the authors offer the specific measures including taking into account the meaning of law enforcement practice for the subjects of national law and order: medical workers and patients.
MASS INFORMATION AND INTERNATIONAL LAW
INTRODUCTION. The choice of the strategic vector of the socio-economic development of modern states is focused on the “digital economy”, and telecommunications offer critical economic importance and commercial value. Approaches to the legal regulation of the telecommunications sector, which the European Union demonstrates, are now acquiring an important practical significance for many states. This article considers the simultaneous adoption by the European Parliament and the Council on December 11, 2018 of two acts of “secondary EU law” (Directive (EU) 2018/1972 on the establishment of the European Electronic Communications Code and Regulation (EU) 2018/1971 establishing the Body of European Regulators for electronic communications and the Agency for support thereof) to be the key factor that marks the “newest” stage in telecommunications regulation, which enhances the appeal to their analysis.
MATERIALS AND METHODS. The presented article is based on doctrinal studies of Russian and foreign scientists in the field of European law, electronic communications, as well as on regulatory documents and the roots of the European Union's legal system. Formal-logical, historical-legal, technical-legal, comparative-legal and SWOT-analysis methods as well as other general scientific and special legal methods were the methodological basis for the preparation of this article.
RESEARCH RESULTS. The dynamic development of the regulation of relations in the field of telecommunications in the European Union indicates a consistent, systematic and complex formation, development and improvement of the relevant regulations, and institutional frameworks in their organic correlation. The proposed periodization of telecommunication regulations highlights the main stages in which relevant EU legal instruments were developed and improved, defining the crux of two related processes: establishing a common regulatory framework, enshrined in EU legal documents, and improving the institutional organization of regulations at EU level.
DISCUSSION AND CONCLUSIONS. The author of the presented article believes that the adoption of the EU Electronic Communications Code is a highlevel codification act, offering legal certainty and harmonizing the regulation of the telecommunications sector. Modernizing the function of the Body of European Regulators through electronic communications (BEREC) and the Agency for Support of BEREC, just as with the institutional structures of special competencies, leads to the further development of the institutional framework of the European Union in the telecommunications sector.
INTERNATIONAL ECONOMIC LAW
INTRODUCTION. Disputes between investors and States are traditionally resolved through arbitration, However, decades of arbitration practice have revealed some shortcomings and pitfalls of this mechanism. Nowadays, a reform of international investment arbitration is actively discussed on many international platforms. At the same time, there is a completely radical approach to solving the problem: the transition from arbitration to dispute resolution through a permanent judicial institution. In March 2018, the EU Council approved the launch of negotiations on the establishment of a Multilateral investment Court (MIC). Earlier, this idea was supported in the context of drafting agreements between EU and Vietnam and Canada. There is a number of prerequisites for such a court to emerge, including public opinion in the EU. However, the implementation of the project requires that many related issues be solved.
MATERIALS AND METHODS. The research is based on the theoretical works of scholars of different views on the topic; analytical works of legal practitioners; working materials of the European Commission, which leads comprehensive work on the development and promotion of the MIC project investment; among international legal sources the research used the Investment Protection Agreement between the EU and Vietnam and the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada, as wells as a recent advisory opinion of the EU Court of Justice on the relationship between the EU law and the new dispute-settlement mechanism. The methodological framework of the research is based on the comparative and historical method, as well as general scientific methods such as analysis, synthesis, analogy, description, deduction.
RESEARCH RESULTS. This study provides a manifold analysis of the MIC proposal. The reasons for a common interest in that proposal amid decrease of confidence in arbitration procedures are explained. The authors identify strong points of the investment court, which are needed for improvement of the current system of dispute resolution by arbitration. These features comprise the uniformity of approaches; the independence of judges; the legal correctness of the decisions; a facilitated access to justice for more vulnerable economic actors by means of special financial and procedural conditions. The comparison of the arbitration and judicial dispute resolution mechanism allows us to assess how far in reality the current development towards an in vestment court has advanced. Besides, the research provides a characteristic of the appeal mechanism within the investment court, as one of the most compelling arguments in favor of the proposal. Attention is also paid to the technical aspects in organization of the court. The authors point at issues of compatibility of the proposed court with the EU law (using the CETA provisions as an example).
DISCUSSION AND CONCLUSIONS. The presented discussions lead to the following conclusions. Indeed, the investment court has characteristics that can meet the basic demands for fair, transparent, independent, consistent, more accessible dispute resolution. For this reason the MIC project has the greatest chance of support, as compared to other possible options for the proposed reformation of the investment dispute settlement. However, the introduction of a judicial institution does not mean a complete rejection of the main elements of arbitration, such as the voluntary submission of the parties to the dispute settlement mechanism, the consensual nature of the recognition and execution of judicial / arbitral decisions, the use of time-tested procedural rules. A twotier structure of the investment court is bound to become its most prominent distinguishing feature, given that an appellate mechanism within the court would ensure the correctness of the decisions it should render from the perspectives of the law, fact, justice and due process. Internal scrutiny accompanied by strict rules of appointment and remuneration of judges would significantly strengthen the reliability of that institution. Moreover, the investment court has all the chances to gain popularity thanks to its simplicity of joining via the “opt-in” clause and to greater accessibility. Above all, as a recent opinion of the EU Court of Justice on this issue demonstrated, the introduction of the investment court does not affect the legal order of the Union and its members. In turn, that means that States consider as likely a smooth transition to the settlement of investment disputes within a new system of international justice.
INTRODUCTION. The article is devoted to the methodology of economic analysis of international law which is a new approach to the study of international law. Its methodology has not been substantively explored in Russian scholarship of international law. Meanwhile, the economic dimension of international law has practical and theoretical perspectives according to the predominant opinion in foreign doctrines of international law.
MATERIALS AND METHODS. The article is based on legal and economic doctrines of both Russian and foreign scholars. The methods used in the course of this study include general methods (analysis, synthesis, induction, deduction) and specific methods (the methods of formal logic, legal history). Methods of economic theory such as the method of positive analysis and the method of scientific abstraction are also used.
RESEARCH RESULTS. The article explores the differences between legal and economic approaches. The basic categories and theories of economic analysis, such as rationality, externalities, transaction costs are revealed. The methodology is presented through the discussion of the main assumptions: the analogy between interstate system and economic market; rationality assumption with regard to the subject of international law, which can be considered as a unitary, collective or corporate actor.
DISCUSSION AND CONCLUSIONS. Economic analysis of international law is intended to complement traditional methods of conducting legal research. The article highlights the basic economic theories and categories of economic analysis of international law, which allow Russian scientists to start studying one of the most popular theoretical approaches in foreign scholarship.
POPULATION IN INTERNATIONAL LAW
INTRODUCTION. Forced migration is one of the most difficult global problems. There is a clear interdependence between the problem of refugees and the issue of human rights, since human rights violations are one of the main reasons for the mass exodus of people from their countries of origin. It is also clear that counties that provide asylum have a sustainable practice of respecting the human dignity. Forced migrants have rights that must be respected during all stages of the exodus. We are talking about the fundamental rights and freedoms proclaimed in international and regional human rights treaties, primarily the protection of human dignity and the restoration of the minimum rights of people who left their countries of origin. This article discusses the problems of realization of the minimum rights of forced migrants, that is, those rights that guarantee survival and an adequate standard of living. The authors conduct a detailed study of national legislation in the field of forced migration of such European countries as Italy and Spain. In particular, this article analyzes recent legislative changes adopted in this countries in the field of asylum and the consequences for the realization of fundamental rights of refugees and asylum seekers.
MATERIALS AND METHODS. This research is based on the analysis of the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, the Geneva Convention relating to the Status of Refugees of 1951, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, European Social Charter of 1961, European Union Charter of Fundamental Rights of 2000, UNHCR standards for receiving asylum seekers, and also an in-depth analysis of the national legislation of Italy and Spain in the field of forced migration. The methodological basis of the research consists of both general scientific (comparative historical and statistical methods, methods of generalization and systems analysis, case-study approach) and specific scientific (formal legal and comparative legal methods, method of interpretation of legal norms) research methods.
RESULTS OF RESEARCH. On the basis of the analysis of international treaties, European and national legislation, judicial practice of states, as well as doctrinal studies of different researches, the authors formulate some conclusions related to the main problems of legislative regulation and the implementation of minimum rights of forced migrants in such EU member states as Italy and Spain.
DISCUSSION AND CONCLUSIONS. Despite the existence of international and, in particular, European standards in the field of human rights, practically those rights that are necessary for survival and maintenance of an adequate standard of living of people who have applied for asylum are not always fully respected. The experience of the Italian Republic and the Kingdom of Spain shows that fundamental rights of refugees can be often violated both during the examination of asylum applications and after their satisfaction. The absence of a unified legislative base, the tendency to pursue a more restrictive policy in the field of forced migration and unresolved problems of asylum legislation entail significant impediments for the realization in these countries of the basic rights of one of the most vulnerable category of people as forced migrants.
ISSN 2619-0893 (Online)