scholarly journals International legal problems of compensation for harm that does not have a specific injurer

2021 ◽  
Vol 21 (1) ◽  
pp. 55-62
Author(s):  
Alexey P. Anisimov ◽  
Keyword(s):  
International Law ◽  
Space Debris ◽  
Legal Aspect ◽  
World Ocean ◽  
Public Authorities ◽  
Space Flights ◽  
Actual Increase ◽  
The World ◽  
Organizational Aspect ◽  
International Conventions

Introduction. The article deals with the problem of compensation for damage in the absence of a specific injurer through investigating two problems of international law related to the formation of space debris and pollution of the World Ocean. Theoretical analysis. Acts of international law and the actual increase in the amount of space debris and the level of pollution of the World Ocean are studied, and proposals to reduce threats to space flights and marine bioresources are made. Results. The article concludes that there is no single and universal solution to the problems, despite the revealed similarity of the considered cases (the lack of evidence of the harm-causing subject). Such decisions should have not only a legal aspect (the development of new international conventions), but also an economic aspect (the creation of special environmental funds) and an organizational aspect (the expansion of the competence of international bodies). Separately, the article emphasizes that solving these problems will require increasing level of environmental and legal culture of public authorities, businesses and the population.

scholarly journals PROTECTING THE SEAS AND OCEANS OF THE WORLD BY MEANS OF SANCTIONS AND OTHER MEASURES OF PUBLIC INTERNATIONAL LAW

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Daniel-Ştefan Paraschiv
Keyword(s):  
International Law ◽  
Public International Law ◽  
Psychotropic Substances ◽  
The World ◽  
International Laws ◽  
International Conventions ◽  
Illicit Traffic ◽  
High Seas

AbstractThe maritime zones recognized under international laws – are formed from the highseas, with the riches at the bottom of the oceans and seas from this perimeter – which isregulated by international conventions, whose infringement may lead to the application ofsanctions in conformity with the dispositions stipulated, or, in the lack of such dispositions, totaking other measures, such as repression or retaliation, which are considered, in the publicinternational law, as being general sanctions included in the category of countermeasures.At high seas serious acts of a criminal character are also committed, such as: piracy,illicit traffic of narcotics and psychotropic substances, etc., thus all states must cooperate inview of repressing these acts and sanctioning the culprits.

scholarly journals The global governance problem in the modern Western academic literature: the main approaches and concepts

2020 ◽  
pp. 65-77
Author(s):  
Andrei Andreevich Kovalev ◽  
Ekaterina Yur'evna Knyazeva
Keyword(s):  
Social Sciences ◽  
International Relations ◽  
International Law ◽  
Global Governance ◽  
Legal Aspect ◽  
Use Of Force ◽  
Legal Principles ◽  
Academic Literature ◽  
Modern Age ◽  
The World

The global governance theories assessment is among the poorly studied problems in Russian political science, though its topicality in the modern age of civilizational confrontation is beyond dispute. Primarily, the necessity to study the key global governance concepts is determined by the need for establishing effective relations with the Western and the Eastern countries. The purpose of the article is to analyze and estimate the main foreig global governance concepts, and it is achieved by solving the following tasks: 1) to consider the main definitions of global governance; 2) to detect the problem of legitimacy in international relations; 3) to consider the legitimacy of global governance. The authors give special attention to the underestimated source of global governance legitimacy - the liberal legal principles. As a political program, global governance is understood as a political and legal aspect of globalization. In recent decades, global governance theories have been adopted as a research program in the field of social sciences. Within the (neo)liberal institutionalism tradition, particularly, the interdependence theories, global governance approaches consider the consolidation of international cooperation and the transformation of the global system in which the anarchical system of sovereign national states is considered as a multilayer system including nongovernmental subjects. The researchers try to model power as “governance” without subjects which  are formally justified and entitled with the use of force monopoly. The future of global governance is connected with effective international law able to timely settle the arising disputes and deter possible aggression which, in the age of civilizational confrontation, can lead to the last war in human history. The effectiveness of global governance depends on what globalization direction the leading civilizations will choose: the force-based American way, or the way taking into account the interests of most peoples of the world.   

scholarly journals HUMAN RIGHTS IN MODERN INTERNATIONAL RELATIONS: EVOLUTION OF DEVELOPMENT, PROBLEMS AND PROSPECTS

2020 ◽  
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Legal Aspect ◽  
Value Orientations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Stage Of Development ◽  
Wide Range ◽  
The World

Introduction. At the present stage of development of the world political process, one of the main problems has been to ensure the effective operation of human rights protection mechanisms, both at the national and international levels. The main vocation of legal science in this area is to provide expert assessments of problematic issues and scientifically developed recommendations for improving the mechanisms of human rights protection in modern international relations and especially in crisis situations that have become almost permanent in the life of the world community. The purpose of this publication was to implement a retrospective analysis of the evolution of the development of legal consolidation of human rights at the international level and the thorny problems in this area. Summary of the main research results. Thus, this publication considers the main stages of human rights, highlights the main problems of development, outlines the place of human rights in modern international relations and presents the main characteristics of the challenges facing states in the implementation of cooperation in the field of human rights. Finding the specifics of human rights and identifying mechanisms for their formation is a separate problem for jurists. The legal aspect of enshrining human rights in international legal instruments is important in the context of modern reality. It is through the disclosure of this issue that it is possible to identify the main stages of the evolution of the consolidation of human rights in international law. Conclusions. The development of international legal consolidation of human rights has significantly influenced the evolution of international law as a whole. Under the influence of these processes, national sovereignty, as a basic principle of international law, began to take on new forms, and the individual acquired many features of international legal personality. Thanks to non-state rule-making, the sphere of consolidation and protection of human rights tends to self-development and constant adaptation to the changing needs of society in the social and moral spheres. Human rights are a cultural phenomenon that reflects the system of value orientations of a person rooted in a particular historical epoch and depends on the ideology of the world legal community. The problem of human rights, their protection from external and internal threats requires an immediate solution, making it a priority to consider legal issues among a wide range of global problems of mankind. At the same time, it must be emphasized that the democratic development of modern society and human rights are inextricably linked. This connection also implies that human rights must be recognized as legitimate as a result of democratic procedures, but outside the national legal systems there is a moral justification necessary to convince the subjects of international law that everyone, even outside the national legal system must enjoy all guaranteed rights and freedoms.

scholarly journals The International Law of the World Ocean Protection from Oil Pollution

Helix ◽  
2018 ◽  
Vol 8 (1) ◽  
pp. 2954-2957
Author(s):  
Ksenia B. Valiullina ◽  
Keyword(s):  
International Law ◽  
Oil Pollution ◽  
World Ocean ◽  
The World

scholarly journals COUNTERACTION TO LAWBREAKING IN THE SPHERE OF INTELLECTUAL PROPERTY IN UKRAINE: HISTORICAL AND LEGAL ASPECT

2017 ◽  
Vol 17 ◽  
pp. 360-367
Author(s):  
O. O. Myhalskyi
Keyword(s):  
Intellectual Property ◽  
Market Economy ◽  
Driving Force ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Intellectual Activity ◽  
Economic Progress ◽  
The World ◽  
International Conventions

Foreign experience shows that intellectual activity becomes a defining and decisive driving force of any development. First of all it defines the strategy and tactics of social and economic progress of any country. National administrative and legal legislation in the sphere of intellectual property protection is based on the requirements of the international conventions, their principles and market economy bases. However, the condition of struggle against offences in the sphere of intellectual property in our state does not meet requirements of nowadays. For many years Ukraine is included into number of first ten states of the world with the highest level of offences in this sphere which certifies about the presence of problems which need immediate resolving. In article on the basis of the analysis of scientific views of scientists and norms of the legislation the dynamics of counteraction to offences in the sphere of intellectual property is ascertained. The essence of such important legal category as intellectual property is defined. The causes and conditions which promote to the occurrence of offences in the sphere of intellectual property in Ukraine are ascertained, and also possible ways of overcoming determinants of offences in this sphere are outlined. Having carried out the historical and legal analysis of legal regulation of counteraction to offences in the sphere of intellectual property, it’s necessary to notice that for today there is a considerable quantity of laws and by-law regulatory legal acts which to some extent counteract offences and protect the rights ofpersons in this sphere. A considerable quantity of such acts caused the necessity of their systematization that in its turn will promote to effective and qualitative counteraction to offences in considered sphere. It’s supposed as necessary and expedient to adopt a uniform normative-legal act which would define main principles of counteraction to offences in the sphere of intellectual property in Ukraine.

scholarly journals The Extradition, between Iran Rights and International Rights, According to Palermo Convention

2016 ◽  
Vol 12 (12) ◽  
pp. 101
Author(s):  
Mohammadreza Moradi Poshtdarbandi
Keyword(s):  
International Law ◽  
Present Article ◽  
Crime Scene ◽  
Successful Implementation ◽  
Judicial Cooperation ◽  
The World ◽  
International Rights ◽  
International Laws ◽  
International Conventions ◽  
Domestic Law

Extradition is a process which requires international judicial cooperation and its successful implementation will be the guarantor of justice and prevent impunity and escape the Probable criminals and suspects to countries far away from the crime scene. In the last two centuries globally in many countries have enacted expanded domestic law in the area of extradition to many extradition treaties and international conventions in this field has joined. Palermo Convention, including the most recent documents that contain comprehensive provisions on extradition and numerous countries has come to join in. In Iran in 1960 Legislator comprehensive and modern law in the area of extradition imposed And many international laws in this area has been invoked and respected. So, we gathered to view the article Ferraro circuit analysis on the world of law and the Palermo Convention and international law in the field of extradition elaborated on. The present article deals with these issues on two separate levels.

scholarly journals Manifest Intent and the Generation by Treaty of Customary Rules of International Law

1970 ◽  
Vol 64 (5) ◽  
pp. 892-902 ◽  
Author(s):  
Anthony D’Amato
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
North Sea ◽  
Traditional Approach ◽  
Scientific Basis ◽  
Customary Law ◽  
New Method ◽  
Customary International Law ◽  
The World ◽  
International Conventions

The World Court’s recent decision in the North Sea Continental Shelf Cases is a major contribution to that branch of the theory of customary international law dealing with norm-creation by means of a treaty. The Court articulated a new methodology for determining which provisions in treaties can form the basis of universally binding customary law. As the spreading network of international conventions becomes more fine-meshed, the substantive rules of international customary law may be expected to conform more and more closely to the provisions in these conventions. The World Court has implicitly recognized this process in many prior opinions, but it was not until the Continental Shelf decision that the link between treaty and custom was focused upon with precision. I shall argue in this essay that the Court used a method which might be called the rule of manifest intent, that this method differs from a more traditional approach found in the writings of publicists, and that this new method accords well with the growing need to objectify and place upon a scientific basis the methodology by which one may determine what in fact are the rules of customary law.

scholarly journals To inherit heritage or to inherit inheritance?

2016 ◽  
Vol 10 (2) ◽  
pp. 427
Author(s):  
Vladimir Krivošejev
Keyword(s):  
International Law ◽  
Natural Heritage ◽  
Legal Norms ◽  
Heritage Science ◽  
The World ◽  
Male Line ◽  
Unesco Convention ◽  
Universal Values ◽  
The Republic ◽  
International Conventions

The Republic of Serbia is one of the few, if not the only country in the world that, at ratification and translation of the term „baština“– heritage which appears in two significant and related international conventions of UNESCO, used different terms: „baština“– „heritage“, with regard to the Convention Concerning the Protection of the World Cultural and Natural Heritage, and „nasledje“ –inheritance in the Convention for the Safeguarding of the Intangible Cultural Heritage. One of the reasons for the subsequent rejection of the term heritage could lay in the opinion that it was the case of (end of 20th and beginning of the 21st century) political bureaucratic introduction of an old, forgotten word, which also contains the notion of gender incorrectness based on pointing out the inheritance through the male line, which could be in conflict with international law. The views expressed in this paper suggest the unsustainability of these claims, as well as greater suitability of the term „baština“– heritage. Namely, the ratification of the Convention Concerning the Protection of the World Cultural and Natural Heritage was done as early as in 1974, and since then the term „baština“– heritage was used, its new introduction into use on the basis of recent daily political aspirations cannot be the case. At the same time inheritance through the male line is encountered with the use of the Latin word „patrimonium“, which is the basis for the terms used in the official translation of the UNESCO-listed conventions in French and Spanish: „patrimoine“ and „patrimonio“ (and other Roman languages) so that the use of the term „baština“ –heritage cannot be a violation of international legal norms. Finally, bearing in mind the fact that, in general, use of languages is impossible to achieve complete gender purism, it is necessary to emphasize that in contrast to the term „nasledje“ – inheritance, the term „baština“ – heritage is more suitable for use in Serbian language when it comes to the concept of inheritance, preservation and transmission of universal values promoted by the UNESCO Convention, as well as for translating the notion of heritage science.

Private Military Companies. Situation in the World Ocean

2020 ◽  
pp. 39-44
Author(s):  
R.A. Denisov ◽  
R.S. Ayriyan
Keyword(s):  
International Law ◽  
World Ocean ◽  
Law Of The Sea ◽  
Private Military Companies ◽  
The World ◽  
Free Activity ◽  
Made In

The article analyzes the policy of private military companies, their capabilities and actions in the oceans. Emphasis is given to the compliance of companies with international law of the sea. The article indicates main directions of PMC activities in the oceans and their most popular functionality. An attempt to reveal the main problems of companies in this area, which impede their free activity was made. In conclusion, the most conflictogenic zones were identified and, as well as the areas where functional companies would be useful, were identified.

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