scholarly journals SCIENTIFIC COOPERATION ACROSS THE BRICS

2020 ◽  
Vol 7 (1) ◽  
pp. 4-26
Author(s):  
M. Astakhova

The creation of the BRICS as a non-traditional international organization in the status of a global forum brings new meaning to the norm-setting of international organizations, including in the field of scientific cooperation. This paper aims to identify and analyze the up-to-date and complete normative framework of scientific cooperation across the BRICS which is a result of the BRICS norm-setting. The achievement of the stated aim is pursued through the identification of the distinctive features of the BRICS norm-setting by comparison with the norm-setting of traditional international intergovernmental organizations and by analysis of the BRICS regulations dealing with issues of scientific cooperation. Within the process of researching this subject the author analyzed the BRICS regulations of different levels from the Joint Statements of the BRICS Countries’ Leaders and the Summits Declarations to the BRICS working papers as aframework program. The main finding of the research is that the normative framework of scientific cooperation across the BRICS is a set of non-legally binding norms contained in the regulations adopted at the various meetings of national officials within the BRICS. This finding can contribute to a better understanding of the application of the BRICS norms.

2009 ◽  
Vol 6 (2) ◽  
pp. 447-477
Author(s):  
Rutsel Silvestre Martha

AbstractQuestions of mandate are central in the actual operations of intergovernmental organizations within secretariats, in opinions of legal counsel, and in governing councils and general assemblies. Mandate issues can impose real constraints, or generate demands for action, or be brushed aside in some political circumstances. Overall they are a significant and perplexing part of the administrative law of international organizations. This paper explores the highly varied practical effect of mandate issues on operations of an international organization, through analysis of diverse approaches to mandate constraints and aspirations in ventures of the International Fund for Agricultural Development (IFAD).


Author(s):  
Nagayuki Saito

Since the latter half of the 1990s, various policy methods to replace government regulations have been studied in Western countries. Among the trends, in recent years, international organizations such as the Organization for Economic Cooperation and Development (OECD), the European Commission (EC), and the United Nations Conference on Trade and Development (UNCTAD) have considered introducing behavioral public policy as a new policy method, substituting for governmental regulation. This article reviews the status of behavioral public policy being introduced in each international organization. Furthermore, we compare and verify the stages of behavioral public policy in terms of consumer protection policy in each international organization in the telecommunications market, based on a literature review.


2010 ◽  
Vol 7 (2) ◽  
pp. 241-260
Author(s):  
Paolo Palchetti

AbstractIf the military force of an international organization is made the object of a military attack by a State, that international organization may be regarded as being entitled to use force in self-defence. However, since the forces of international organizations are generally composed of national contingents which States put at the disposal of the international organizations, the question may be raised as to whether, in case of an armed attack against such forces, the sending State would also be entitled to use force in self-defence to protect its national contingent. This question, which was addressed, albeit in a very cursory manner, in the 2009 Report of the EU Independent International Fact-Finding Mission on the Conflict in Georgia, has to be answered taking into account the status of national contingents as organs of the sending States. By attaching relevance to the contingent's dual status and to the rationale underlying the rule on self-defence, this study argues that whenever the national contingent is made the object of an armed attack the possibility for the sending State to invoke self-defence cannot be excluded. In particular, the invocability of self-defence by the sending State should be admitted in those cases in which the armed attack is clearly aimed at targeting that State.


2020 ◽  
Vol 1 (12) ◽  
pp. 123-133
Author(s):  
L. P. Anufrieva

BRICS is a relatively new phenomenon in modern international political and economic life, gaining momentum and attracting more and more lawyers’ attention. The central issues in this case are, firstly, the legal nature of the group of five states itself — Brazil, Russia, India, China and South Africa, and secondly, the place, nature, content of the principles on which international cooperation of this entity is based. Accordingly, the paper considers these issues through the prism of theoretical analysis from the standpoint of international legal science, in which the identification of the legal nature of the interaction of the BRICS countries is not only a prerequisite, but also, in essence, the foundation for solving the problem of legal qualification of the principles of cooperation between them. Thus, it answers the question on the relationship of the latter with other principles in the system of international law. For this purpose, the study adopts two alternative options: the status of an international institution if it is established that BRICS has features of an international organization or integration association; and its recognition as a paraorganization if none of such features exist.


1993 ◽  
Vol 6 (1) ◽  
pp. 47-72 ◽  
Author(s):  
Sam Muixer

Taking the United Nations, its specialized agencies and the EC as a focal point, this article looks at the fiscal position of international organizations and their officials vis-à-vis their host state. Firstly, the fiscal privileges are examined from a theoretical point of view, after which a number of cases are analyzed in which international organizations and their host state differed in their views on the application of the aforementioned privileges.From a broader perspective, this study explores the watercourse of standards which have sprung on the international level down to their application in daily life. A particular type of provision -concerning the fiscal immunities of an international organization and its officialscontained in a particular type of multilateral convention, dealing with the status, privileges and immunities of international organizations and their officials, is followed down to its application on the national level.


Author(s):  
L. S. Voronkov ◽  
A. A. Smirnova

The article emphasizes that the Arctic Council (AC) is a high level forum of cooperation, based on taking decisions by consensus that are carried out by member states on a voluntary basis and in accordance with their national interests. The AC does not meet the criteria of a classical international intergovernmental organization – IGO and may not be referred to as an international non-governmental organization – INGO due to its members. The high performance of the AC activity in the absence of a complex organizational structure, any executive body and a court is rooted in respect for national sovereignty of its member states. This informal international organization of new type became the core, around which a significant group of states, IGOs and INGOs, that received observer status at the AC, is created. Within the framework of its activity innovative tools of financing of ongoing programs have been developed. Participation of other member states of the AC in the anti-Russian sanctions does not become an obstacle for continuation of the close cooperation of all Arctic states in addressing the major problems of common concern in the Arctic. During the sanctions they established the Arctic economic council, signed the agreements on cooperation between coastal guards of all Arctic states, on scientific cooperation in the Arctic and on preventing unregulated fishing in the central part of the Arctic ocean. Negotiations on possible new agreements are going on between them. The model of informal international cooperation, demonstrated by the Arctic Council, is being successfully implemented also in the activities of the Nordic Council of Ministers, the Council of Barents/Euro-arctic Region, BRICS and other international organizations. This gave the authors the reason to conclude that this type of international organizations will be further developed in contemporary international relations.


2009 ◽  
Vol 2 (2) ◽  
pp. 243-258
Author(s):  
Mónica Domínguez Pérez

This study deals with children's literature translated from Castilian Spanish into Galician, Basque and Catalan by a different publisher from that of the source text, between 1940 and 1980, and with the criteria used to choose books for translation during that period. It compares the different literatures within Spain and examines the intersystemic and intercultural relations that the translations reflect. Following the polysystems theory, literature is here conceived as a network of agents of different kinds: authors, publishers, readers, and literary models. Such a network, called a polysystem, is part of a larger social, economic, and cultural network. These extra-literary considerations play an important role in determining the selection of works to be translated. The article suggests that translations can be said to establish transcultural relations, and that they demonstrate different levels of power within a specific interliterary community. It concludes that, while translations may aim to change the pre-existent relationships, frequently they just reflect the status quo.


1985 ◽  
Vol 47 ◽  
pp. 4-5
Author(s):  
Paul F. Diehl ◽  
Michael J. Montgomery

Simulation is an increasingly popular pedagogical device; much of the recent literature on the theory and practice of political science instruction attests to this. Probably the most popular simulation device is called model United Nations. In recent articles in Teaching Political Science and NEWS for Teachers of Political Science, William Hazelton and James Jacob have described Model United Nations in glowing terms, focusing on one particular conference and completely ignoring the rest of the 200 or more conferences held annually across the United States.Like Jacob and Hazelton, we recognize the great potential value of United Nations simulations in trying to illuminate the often confusing politics of international organizations. As former participants and directors of these programs, however, we are keenly aware of the shortcomings and difficulties associated with the existing structure of model U.N. programs.


Author(s):  
Miriam Bak McKenna

Abstract Situating itself in current debates over the international legal archive, this article delves into the material and conceptual implications of architecture for international law. To do so I trace the architectural developments of international law’s organizational and administrative spaces during the early to mid twentieth century. These architectural endeavours unfolded in three main stages: the years 1922–1926, during which the International Labour Organization (ILO) building, the first building exclusively designed for an international organization was constructed; the years 1927–1937 which saw the great polemic between modernist and classical architects over the building of the Palace of Nations; and the years 1947–1952, with the triumph of modernism, represented by the UN Headquarters in New York. These events provide an illuminating allegorical insight into the physical manifestation, modes of self-expression, and transformation of international law during this era, particularly the relationship between international law and the function and role of international organizations.


2011 ◽  
Vol 8 (2) ◽  
pp. 291-347 ◽  
Author(s):  
Odette Murray

AbstractThis paper applies two manifestations of the principle of good faith – pacta sunt servanda and the doctrine of abuse of rights – to the complex relationship between member states and international organizations. The paper argues that these existing doctrines operate as a legal limit on the conduct of states when creating, controlling and functioning within international organizations. The paper begins by exploring an innovative provision in the International Law Commission's recently finalised Draft Articles on the Responsibility of International Organisations – Draft Article 61 – according to which a member state will bear international responsibility for the act of an international organization where the member state uses the organization to circumvent its own international obligations. Examining the development of Draft Article 61 and the jurisprudence upon which it is based, this paper argues that the principle which the Commission in fact seeks to articulate in Draft Article 61 is that of good faith in the performance of treaties. As such, being based on a primary rule of international law, this paper queries whether Draft Article 61 belongs in a set of secondary rules. The paper then considers the role of states in the decision-making organs of international organizations and argues that the widely held presumption against member state responsibility for participation in decision-making organs can and should be displaced in certain cases, in recognition of the various voting mechanisms in international organizations and the varied power which certain states may wield. The paper argues that the doctrine of abuse of rights operates as a fundamental legal limit on the exercise of a member state's voting discretion, and thereby forms a complementary primary obligation placed on states in the context of their participation in international organizations.


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