TO THE ISSUE OF PIPELINE TRANSPORT IN RUSSIA

2020 ◽  
Author(s):  
Vyacheslav Vovk
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
International Communication ◽  
Pipeline Transport ◽  
Technological Potential ◽  
Clear Vision ◽  
Standards Of Conduct ◽  
Principles And Standards ◽  
The Moment ◽  
Development Of Partnership

Legal basis for the development of pipeline transport is the main criterion for its beneficial practical use in the future. At the moment, we have a clear vision of the technological potential of pipeline transport. However, the issue of legal regulation of pipeline transport is still up in the air. Public international law makes it possible to establish, on a contractual basis, the fundamental principles and standards of conduct for participants of international communication. At the same time, it is also experiencing a certain crisis due to difficulties and factors of globalization. It is necessary to increase the development of partnership between Russia and other countries to improve the situation. Pipelines are currently one of the most widespread and safest ways of transporting materials. Russian and foreign specialists consider the issues of international law regulation in the field of the main ways of transportation. However, the issues of international legal regulation of pipeline transport and its specific and general legal regulation are still relevant and open to exploration.

scholarly journals INTERNATIONAL CRIMES AND OBLIGATIONS ERGA OMNES IN THE CONTEXT OF ENVIRONMENTAL PROTECTION UNDER INTERNATIONAL LAW

2021 ◽  
pp. 139-147
Author(s):  
O. O. Nihreieva
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
War Crimes ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
Complex Nature ◽  
International Crimes ◽  
International War ◽  
The Moment ◽  
International Law Commission

In the article an attempt has been made to analyze the peculiarities of the application of the categories of “international crimes” and “obligations erga omnes” in the context of environmental protection by the means of international law. The interrelation between these categories is investigated and their connection is demonstrated analyzing the work of the International Law Commission of the United Nations on the Draft Articles on the Responsibility of States for Internationally Wrongful Acts. The tendency towards the formation in international law of a new type of obligations erga omnes aimed at environmental protection is analyzed. It is emphasized that environmental protection can be carried out both in the context of enforcement of obligations erga omnes and international responsibility of states, and in the context of prosecuting individuals for committing international war crimes against the environment. It is worth noting that at the moment the mentioned protection is fragmented and does not cover all elements of the environment. For example, the provisions of the Rome Statute about war crimes against environment relate to international armed conflicts and protect the natural environment only. At the same time the harm to the environment in armed conflicts not of an international character can be equally widespread, long-term and severe. In this regard, special attention is paid to the concept of “environment” as an object of protection under international law. Its complex nature manifested through a significant number of components, including natural resources and artificial elements, as well as the interaction between them, is shown. Thus, it seems necessary to develop such an international legal regulation that could ensure environmental protection, which would cover all elements of the environment and take into account their peculiarities

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

Ongoing Tension in the Air

2018 ◽  
Vol 6 (1) ◽  
pp. 5-29
Author(s):  
Jae Woon Lee ◽  
Xiongfeng Li
Keyword(s):  
International Law ◽  
Traffic Control ◽  
Civil Aviation ◽  
International Court Of Justice ◽  
Air Defense ◽  
Legal Questions ◽  
International Court ◽  
The Moment ◽  
Advisory Opinions ◽  
Eastern Seaboard

Abstract Air Defense Identification Zone (ADIZ) requires foreign aircrafts to identify themselves to local authorities and maintain contact with air traffic control while in the zone. ADIZ has an ambiguous legal grounding in international law. Since its inception, no comprehensive discussion on the topic has been conducted in the area of international law. When China declared its ADIZ over the waters off its eastern seaboard in November 2013, ADIZ suddenly received much attention. Although the conflict has come to a lull at the moment, a tinderbox still exists in the region and many legal questions about ADIZ remain. Although the International Civil Aviation Organization (ICAO) Council was asked to address the issue of ADIZ, any legal solution from the ICAO Council is hardly anticipated. This article suggests that the ICAO should consider advisory opinions of the International Court of Justice (ICJ) on the legality and proportionality of ADIZ.

scholarly journals The Phoenix of Colonial War: Race, the Laws of War, and the ‘Horror on the Rhine’

2017 ◽  
Vol 30 (4) ◽  
pp. 847-875 ◽  
Author(s):  
ROTEM GILADI
Keyword(s):  
International Law ◽  
Recent Literature ◽  
League Of Nations ◽  
Laws Of War ◽  
Black Soldiers ◽  
French Colonial ◽  
The Law ◽  
The Moment ◽  
Imperial Governance ◽  
The Phoenix

AbstractThe article explores the demise of the ‘colonial war’ category through the employment of French colonial troops, under the 1918 armistice, to occupy the German Rhineland.It traces the prevalence of – and the anxieties underpinning –antebellumdoctrine on using ‘Barbarous Forces’ in ‘European’ war. It then records the silence ofpostbellumscholars on the ‘horror on the Rhine’ – orchestrated allegations of rape framed in racialized terms of humanity and the requirements of the law of civilized warfare. Among possible explanations for this silence, the article follows recent literature that considers this scandal as the embodiment of crises in masculinity, white domination, and European civilization.These crises, like the scandal itself, expressedantebellumjurisprudential anxieties about the capacity – and implications – of black soldiers being ‘drilled white’. They also deprivedpostbellumlawyers of the vocabulary necessary to address what they signified: breakdown of the laws of war; evident, self-inflicted European barbarity; and the collapse of international law itself, embodied by the VersaillesDiktattreating Germany – as Smuts warned, ‘as we would not treat akaffirnation’ – as a colonial ‘object’, as Schmitt lamented.Last, the article traces the resurgence of ‘colonial war’. It reveals how, at the moment of collapse, in the very instrument embodying it, the category found a new life. Article 22(5) of the League of Nations Covenant (the Covenant) reasserted control over the colonial object, furnishing international lawyers with a new vocabulary to address the employment of colonial troops – yet, now, as part of the ‘law of peace’. Reclassified, both rule and category re-emerged, were codified, and institutionalized imperial governance.

Questions of Guerrilla Warfare in the Law of War

1946 ◽  
Vol 40 (3) ◽  
pp. 534-562 ◽  
Author(s):  
I. P. Trainin
Keyword(s):  
International Law ◽  
Guerrilla Warfare ◽  
Law Of War ◽  
History Of ◽  
The Law ◽  
The Moment

The history of war knows no such brigandage, fanaticism, or such craftiness as the German fascist usurpers practiced from the moment of their attack upon the peoples of other states. The rules and customs relating to the conduct of war, recognized by all civilized peoples, were rejected and trampled under foot by these usurpers. These rules and customs relating to the conduct of war, put together in the course of many centuries, have received the title “the law of war” and constitute an inseparable part of international law.

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

scholarly journals Malicious Cyber Operations, “Hackbacks” and International Law: An Austrian Example as a Basis for Discussion on Permissible Responses

2020 ◽  
Vol 14 (2) ◽  
pp. 227-258
Author(s):  
Erich Schweighofer ◽  
Isabella Brunner ◽  
Jakob Zanol
Keyword(s):  
International Law ◽  
Response Options ◽  
Governmental Institutions ◽  
The Moment ◽  
Foreign Ministry

In January 2020, Austria publicly announced that some of its governmental institutions have been hit by a significant malicious cyber operation and that it cannot be denied – at least for the moment – that a state was behind this operation. One month later, the Austrian Foreign Ministry declared the cyber operation to be officially over. While Austria noted that it took “countermeasures” against the operation, it is not entirely clear what it meant by that. This article elaborates the question what response options a state like Austria would have against a malicious cyber operation under the current framework of international law. It, hence, tries to answer when a “hackback” is lawful under international law and when it is not.

scholarly journals Legal substantiation of retaliatory measures of the Russian Federation to economic sanctions of the United States, European Union, and their allies

2020 ◽  
pp. 24-37
Author(s):  
Larisa Yur'evna Dobrynina ◽  
Anna Viktorovna Gubareva
Keyword(s):  
United States ◽  
European Union ◽  
International Law ◽  
Russian Federation ◽  
Economic Activity ◽  
Economic Sanctions ◽  
The United States ◽  
Legal Regulation ◽  
Private International Law ◽  
The Russian Federation

The authors examine the economic sanctions introduced nu the U.S., EU and their allies against the Russian Federation, as well as the legal mechanism of retaliatory measures taken by Russia on the nationwide scale. The changes in the international legal regulation derailed the vector of global development, which was bringing real freedom of economic activity. Establishment of the sanction regime by the aforementioned parties signifies a struggle for own influence, weakening of the positive trade and economic ties, as well as an attempt to institute a regime of protectionism within the international trade turnover exclusively for their own benefit. Based on the analysis of the normative-legal documents, an assessment is made on the legal legitimacy of the introduced discriminatory measures of the allies from the perspective of the norms of international law. This article presents the analysis of the positions of federal laws and other legislative bills of the Russian Federation, establishing gradual constraining countermeasures for foreign subjects in various spheres of activity. The authors substantiate the fact that introduction of retaliatory economic sanctions by the Russian Federation with regards to the United States, European Union, and their allies is directly related to the implementation of the principle of reciprocity, currently existing within private international law. It is noted that all these actions on protection from illegitimate sanctions are realized by Russia practically without participation of UN, WTO and other reputable international organizations in regulation of the “sanctions” issue. The extraterritorial measures introduced by the United States and the European Union justifies the movement of Russian into a new stage of evolution of legal regulation of the foreign economic activity, and in foreign trade – establishment of new markets in Asia, Africa and Latin America.

scholarly journals Legal regulation of the use of technical means for copyright protection in international law

2018 ◽  
pp. 64-71
Author(s):  
A. N. Kirsanov ◽  
A. A. Popovich
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Copyright Protection ◽  
Information Technologies ◽  
Rapid Development ◽  
National Level ◽  
Legal Regulation ◽  
General Nature ◽  
Digital Information ◽  
Intellectual Activity

Introduction. The use of technical means for copyright protection is regulated not only in Russian legislation, but also in foreign and international law. It means that the international concept of intellectual property protection could be perceived differently by foreign jurisdictions, which, in turn, is of special scientific interest. The foundations of legal regulation are laid down in international treaties, which in the intellectual property law are tools that contain substantive rules of law. The provisions of such treaties are implemented in the national (supranational) legislation, and, therefore, become part of them and subject to additions.. The article is devoted to the study of international legal regulation of the use of technical means for copyright protection.Materials and methods. The methodological basis of the research consists of the following general scientific and special methods of cognition of legal phenomena and processes: dialectical, formal-legal, comparative-legal, formal-logical, structural-functional.Results of the study. The authors found that attempts to protect copyright using technology available at every stage of history were undertaken by individual countries, beginning from the second half of the 19th century. However technical means of protection received legal regulation at the international level relatively recently, the prerequisite for that was the rapid development of digital information technologies. Analysis of international legal norms in the field of legal regulation of technical means of copyright protection has shown that at present international legal regulation is of a general nature, providing each of the states at the national level with ample opportunities for legal concretization of gen-eral norms. However, recently the Internet treaties of WIPO recognized for the first time not only the advisability of the use of technical means of protection, but also the obligation prohibiting circumvention of such protection technologies, and therefore national legislations should contain provisions regulating the circumvention of such protection technologies.Discussion and Conclusions. The introduction of international law with regard to the use of the protection technologies, despite their general and abstract nature, has given a serious impetus to the establishment of legal regulation of this institution at the national level. At the same time, the rules governing the use of the protection technologies in the near future will require greater unification and concretization due to the rapid development of digital information technologies, blurring the borders between states in terms of disseminating the results of intellectual activity, and also in order to avoid a multiplicity of interpretation of law and to ensure effective legal regulation and protection of copyright.

scholarly journals Reception of Social Legal PrinciplesState Law-Making Institutions

2018 ◽  
Vol 5 (3) ◽  
pp. 58-62
Author(s):  
A Yu Garashko
Keyword(s):  
Positive Impact ◽  
Public Support ◽  
Legal Regulation ◽  
State Standards ◽  
Legal Principles ◽  
State Institutions ◽  
Functional Methods ◽  
Standards Of Conduct ◽  
The Individual ◽  
Methods Of Learning

The purpose of this article is to analyze the feasibility and the basic mechanisms of borrowing of the individual benefits of the standards of conduct, the current in society (public legal principles), the activities of state authorities. The author comes to the following conclusion: reception of the socio-legal basis of state institutions capable of providing public support for the implementation of state standards; positive impact on the rule of law and the lawmaking process; to determine the restoration of the unity of law as a system that combines public and state foundations; seamlessly integrate the benefits of state and public began legal regulation. The methodology used in the preparation of this study presented a systematic, functional methods of learning; methods of induction, comparison and analysis. In addition, the author relied on the General dialectic method of cognition. Applications received by the author’s findings and conclusions are the theory of state and law, jurisprudence, philosophy of law, constitutional law.

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