scholarly journals INTERACTIONS OF LEGAL SYSTEMS: MODERN INTERNATIONAL LEGAL DISCOURSES

2018 ◽  
pp. 109-121 ◽  
Author(s):  
VLADISLAV TOLSTYKH ◽  
YURY BEZBORODOV ◽  
LEV LAZUTIN ◽  
YAROSLAV KOZHEUROV
Keyword(s):  
International Law ◽  
International Security ◽  
Legal Regulation ◽  
Security System ◽  
Legal Systems ◽  
Legal Analysis ◽  
Internet Technologies ◽  
Legal Discourses ◽  
International Responsibility ◽  
Legal Integration

Introduction: the article deals with the doctrine of modern international law, international legal integration, international security and international responsibility. The aim – to study the development of international law and the interaction of legal systems. Methods: comparative legal, formal-legal. Analysis: there are new forms of expressing scientific positions along with traditional forms. It is connected with Internet technologies. The language of discussion of scientific issues is English now. More attention is paid to scientific and practical problems, less to theoretical ones. There are changes in the methodologies of international law, it becomes a «technology», a process of mechanistic challenge, selection, connection and presentation of a limited set of arguments. International law is a universal means to bring together national legal systems. Results: It is concluded that the doctrine of international law is not holistic now. The legal convergence is the process of convergence of various legal systems and models of legal regulation by international legal means. More over, there is no effective security system both at the universal or regional levels. International responsibility is developing. Its content is being updated at the expense of WTO law.

scholarly journals Legal Convergence as a Trend of Global Legal development. Review of the Monograph: Bezborodov Yu.S. “Methods and Forms of Legal Convergence in International Law”. Moscow, Prospect, 2020. 240 p. (in Russian).

2020 ◽  
pp. 145-153
Author(s):  
R. M. Khalafyan
Keyword(s):  
International Law ◽  
Methodological Approach ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Phase ◽  
Legal Systems ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Social Phenomena ◽  
Scientific Methods

INTRODUCTION. The review reflects the specifics of the methodological approach, implemented by Yu.S. Bezborodov in the analysis of the current phase of interaction between national legal systems and international law. Reference is made to the creation of a new conception that employs the notion of legal convergence to reveal the mechanism of getting national legal systems affinitive to each other. Attention is drawn to the content of legal convergence, the reasons for its dissemination, the link with international law as well as the correlation of convergence with related categories – globalization, universalization, sovereignty, etc. The author’s views on the interrelation between sovereignty and supranationality, universalization and localization as conditions of functioning of international law, constituting the predominant basis of convergence of national legal systems, are presented. The evaluation is given to the author’s position concerning the methods of legal convergence, in particular international legal integration. The emphasis is given to correlation of the presented forms of legal convergence. It is pointed out that comparative and legal analysis of integration in different regions of the world, including in the post-Soviet space, is important for understanding the current results of legal convergence.MATERIALS AND METHODS. The study is based on the conclusions and approaches formulated in the peer-reviewed monograph as well as the materials of the domestic and international legal doctrine on the subject-matter concerned. In writing the review the author used general and special scientific methods.RESEARCH RESULTS. The convergence of national legal systems and international law is influenced by different processes either inherent to the mechanism of international legal regulation or extraneous to it. They are distinguished by their considerable specificity and varied character. However, they do not impede legal convergence to be realized through various forms and methods.DISCUSSION AND CONCLUSIONS. The review of the scientific work led to the following conclusions: a) the author managed to present his own non-contradictory conception of convergence of national legal systems and demonstrate its connection with a number of current social phenomena; b) the monograph provides convincing arguments for the proposed forms and methods of legal convergence; c) the comparative legal characteristics of the regional international integration organizations are detailed and allows to form quite complete and correct comprehension of them. In addition, the review outlines a number of issues interesting for further discussion.

Dynamics of the regulatory function of Ukrainian lawin the context of European and international legal harmonization

2021 ◽  
pp. 49-56
Author(s):  
Roman Zvarych ◽  
Bohdan Hryvnak
Keyword(s):  
International Law ◽  
European Integration ◽  
Practical Significance ◽  
Regulatory Function ◽  
Scientific Article ◽  
Legal Systems ◽  
Legal Analysis ◽  
Council Of Europe ◽  
European Union Law ◽  
Legal Harmonization

Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.

scholarly journals Russian legislation on public control

2021 ◽  
Vol 7 (1) ◽  
pp. 374-382
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Tatiana N. Mikhaleva ◽  
Grigory A. Vasilevich ◽  
Evgeny Sergeevich Streltsov ◽  
Aleksandra Alekseevna Milkova ◽  
...  
Keyword(s):  
Civil Society ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Control ◽  
The Russian Federation ◽  
Legal Mechanism

This article is devoted to constitutional legal analysis of international legal bases of the legislation of the Russian Federation on public control. The work substantiates the position that to understand the constitutional legal mechanism of public control in Russia it is necessary to study the international legal framework of control of civil society over public authority in connection with the implementation of generally recognized principles and norms of international law in the legal system of the Russian Federation as a priority the rules of the legal regulation under Part 4 of Article 15 of the Constitution.

scholarly journals Human Rights as a Common Interest of the International Community under the Law of International Responsibility

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 63-76
Author(s):  
N. N. Lipkina
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Regulation ◽  
International Community ◽  
Common Interest ◽  
Common Interests ◽  
The Common ◽  
International Responsibility ◽  
The Law ◽  
Jus Cogens

Human rights are playing an increasingly important role in the functioning and development of society, and the international legal regulation of the sphere of inter-State cooperation on human rights has acquired a number of specific features that have a significant impact on the development of various institutions of international law, including the law of international responsibility. The purpose of the article is to analyze the features and problems of implementation of the methodology of ensuring the common interest of the international community as a whole that includes protection of human rights under the law of international responsibility. The author considers the category “common interests of the international community as a whole,” and explores its importance in the process of intensification of interstate cooperation in the field of human rights. It is noted that such instruments of ensuring the implementation of the common interests of the international community as a whole as norms of jus cogens and obligations erga omnes predetermine the specifics of the content of the secondary rules of the law of international responsibility. These include rules establishing circumstances precluding the wrongfulness of an act, establishing the consequences of serious breaches of obligations arising from peremptory norms of international law governing the invocation of responsibility by a State other than an injured State. The author emphasizes the significance of the instruments under consideration in the process of establishing the features of the content of individual constructions of the law of international responsibility. Attention is drawn to the fact that implementation of the common interest of the international community as a whole ensuring promotion and protection of human rights in the law of international responsibility entails some difficulties arising due to the lack, inter alia, of consensus concerning methodology for classifying international law as jus cogens norms and the existence of different approaches to understanding the content and structure of human rights per se. It is concluded that, despite the existence of these problems, it is impossible to deny the significant influence of norms of jus cogens and obligations erga omnes on the content of international legal regulation of various areas of international cooperation in the context of the growing trend towards the communitarization of international law and humanization of international relations.

scholarly journals The international law and sanctions. Search for permissible limits

2019 ◽  
Vol 89 (1) ◽  
pp. 03-09
Author(s):  
T. Ya. Khabrieva ◽  
A. Ya. Kapustin
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
International Organizations ◽  
Legal Regulation ◽  
The State ◽  
Coercive Measure ◽  
Coercive Measures ◽  
Permissible Limits ◽  
International Responsibility

The reinforcement of the sanctions policy of the leading world powers and their coalitions has highlighted the problem of doctrinal research inadequacy of the practice of international legal regulation of the use of international coercive measures. This study aims to determine the dominant approaches to the correlation between the categories “sanction” and “law” regarding municipal and international law, based on historical and comparative analysis of the positions of Russian and foreign legal doctrines. Despite fundamental differences in the systems of national and international law, both cases sanctions act as a coercive measure to observe the statutes of law, both regarding the implementation of international responsibility and non-responsibility relations. In addition, the study provides specific examples of unilateral coercive measures (sanctions) of regional international organizations that are inconsistent with the imperatives of general international law. In conclusion, the state of international legal regulation of the use of coercive measures is substandard; however, the primary reasons for this provision remain unclear. Furthermore, this study formulates a proposal for the development of a doctrinal model of criteria for the lawfulness of international coercive measures.

scholarly journals Legislative Approaches for Regulation of the Bankruptcy: State and Prospects

2016 ◽  
Vol 2 (3) ◽  
pp. 21
Author(s):  
Margarita S. Bachvarova
Keyword(s):  
Legal Regulation ◽  
Theoretical Concept ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Us ◽  
Judicial Proceedings ◽  
Common Concept ◽  
Bankruptcy Code ◽  
Characteristic Features ◽  
The Individual

The present article is a comprehensive research focused on the issue of legislative approaches for regulation of bankruptcy in individual countries. The occurrence of economic crises and the globalization in international relations put forward the issue of preserving viable enterprises regardless of any financial hardships arisen and any risk of initiating a court procedure of bankruptcy. The establishment of updated legislation is inextricably bound up with the building up of a theoretical concept of insolvency based on the contemporary doctrinal achievements and practice. The comparative legal analysis of regulations shows the efforts put in science for the creation of a common concept and approach to bankruptcy issues. In this relation, the subject of scientific and research interest are the characteristic features of the legal regulations for handling insolvency in individual countries, determined by their belonging to the two main legal systems: the system of common law and the continental legal system (civil law). The scientific thesis in the present study is that regardless of the specific features of the historical and legal regulation of the bankruptcy concept, currently, a process of introducing rehabilitation procedures of the US legislation (Chapter 11 of Bankruptcy Code) into the individual legal systems of a number of countries in Europe is going on. In this sense, a trend is arising of applying a single legislative approach related to the concept of fresh start of conscientious entrepreneurs and an opportunity of sanitation of their enterprises before the initiation of formal judicial proceedings of bankruptcy on the basis of mutual concessions and compromises made by the creditors.

Conclusion

2021 ◽  
pp. 208-210
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Framework ◽  
International Organization ◽  
Legal Systems ◽  
Member States ◽  
Legal Nature ◽  
International Responsibility ◽  
The Law

This chapter summarizes the main findings of the book. The concept of an international organization is defined by looking at the nature of the legal systems they develop. The notion of ‘dual legal nature’ describes how organizations create particular legal systems that derive from international law. This peculiar condition affects the law they produce, which is international and internal at the same time. The effects of the dual legal nature are discussed by analysing international responsibility, the law of treaties, and the validity of organizations’ acts. This conceptualization allows the development of a common legal framework applicable to all international organizations, despite their differences in terms of powers, membership, size, and other descriptive features. In particular, the most valuable consequence of this conceptualization is to rebut a frequent argumentative motif, under which organizations are either perceived as vehicles for member states’ interests or as autonomous entities.

On the Minimum Age of Criminal Responsibility in International Law

2019 ◽  
pp. 65-71 ◽  
Keyword(s):  
International Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Court ◽  
Legal Analysis ◽  
International Treaties ◽  
Criminal Courts ◽  
Analysis And Synthesis ◽  
Minimum Age ◽  
Key Aspects

Due to direct participation of children in hostilities and the possibility of committing war crimes by children it is necessary to address the issue of the criminal responsibility of the child in international law. One of the key aspects is the minimum age of such responsibility. The aim of the article is to study whether children might be prosecuted by international or internationalized criminal courts. To achieve this goal, the author applied both general scientific (analysis and synthesis, deduction and induction) and private methods (formal legal, comparative legal and historical legal). Analysis of international treaties, travaux préparatoires and the case law of international and hybrid criminal courts leads to the following conclusions. The majority of international treaties either do not contain a special rule on the minimum age of criminal responsibility or set out framework provisions. There are certain grounds for recognizing 15 years as the minimum age of criminal responsibility in international law. At the same time, due to various circumstances (in particular, the «straight 18» policy, exclusion from the jurisdiction of the International Criminal Court for persons under 18), the prospects for international legal regulation of these relations are difficult to predict.

The Sanctions against the Russian Federation: International Legal Analysis of Legitimacy

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Мария Кешнер ◽  
Mariya Keshner
Keyword(s):  
International Law ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Point Of View ◽  
Legal Analysis ◽  
The European Union ◽  
Counter Measures ◽  
The Russian Federation ◽  
Restrictive Measures

In 2014, a number of states and integration entities imposed sanctions and restrictive measures against the Russian Federation. The author analysis acts the measures adopted by the United States, the European Union, some other countries against the Russian Federation, from the point of view of the international law. The author investigates reasonableness of the arguments justifying the sanctions against the Russian Federation; and examines the issues of coercion in the international law, which has its specific features that are primarily predetermined by the nature of interstate relations and methods of their legal regulation. The author provides an update on the problem of “collective counter-measures” or counter-measures in collective interests and classification of activities of the third countries who “have joined” in with the imposed restrictive measures. The author considers the practice and consequences of imposing unilateral sanctions by a number of states, the trends of its development and legitimacy of the existence in light if the modern international law development.

scholarly journals Incorporation of the UN Convention on the Rights of the Child in National Law

2020 ◽  
Vol 28 (1) ◽  
pp. 133-156
Author(s):  
Simon Hoffman ◽  
Rebecca Thorburn Stern
Keyword(s):  
Human Rights ◽  
International Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Analysis ◽  
Child Rights ◽  
Rights Of The Child ◽  
Human Rights Treaties ◽  
Legal Integration ◽  
Legislative Measures

Incorporation is amongst the legislative measures of implementation of the UN Convention on the Rights of the Child (crc) recommended by the Committee on the Rights of the Child. This article will discuss incorporation of the crc in national law. It will show how incorporation is understood in different contexts, and highlight possible tensions between child rights and international law discourse and analysis. It begins by reviewing literature on incorporation of human rights treaties before discussing how incorporation is conceptualised in the context of the crc. The focus then shifts to a review of studies that provide insights into how incorporation and legal integration of the crc impact on how children’s rights are treated in national legal systems. While primarily a commentary on the available literature, the authors reflect on the significance of incorporation and how this is understood for academic and legal analysis, and what the evidence tells us about its contribution to the realisation of children’s rights.

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