Contents # 1/2022
Jurisprudence of the Pandemic: An Emergency Territory
T. Y. Khabrieva
Talia Y. Khabrieva
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, office@izak.ru, https://orcid.org/0000-0002-6190-6338
Abstract. The pandemic becomes a serious scrutiny for national, supranational and international legal institutions. The strength of mechanisms for the protection of human rights and freedoms are scrutinized. At the same time, the so-called jurisprudence of the pandemic has developed as a new legal practice for overcoming emergency situations. During the pandemic, human rights — which were not previously positioned in this capacity — have acquired absolute importance. These include the rights to health protection and proper medical care. Here the modernization of special legal regimes and many legal institutions of public and private law take place, and legal models suitable not only for regulating public relations in extraordinary conditions, but also for creating law and order in a post-pandemic society are scrutinized. Some of them have already been implemented in ordinary legislation.
The doctrine records the emergence of new legal phenomena, in particular: anti-pandemic legislation is formed and is applied to ensure that the legal system reconfigures to solve the problem of countering the pandemic. The studies show that in such conditions a flexible legal regulation model is an effective one, as it is characterized by the widespread use of the dispositive method and relevant means, as well as non-legal regulators to protect the most important public relations.
In order to adequately respond to emergency situations, it is advisable to expand the existing variant scenarios for the rapid transfer of legal regulation to “emergency rails”; to create regulatory templates corresponding to them, algorithms and procedures for the activities of public authorities, as well as the composition of their competence in the event when such situations emerge.
Keywords: COVID-19, anti-pandemic legislation, balance of public interests and individual autonomy, protective capabilities of law, model of legal regulation, restrictions and prohibitions in law, pandemic, right to health protection, law, law and order, human rights, special legal regimes, cyclical legal array
For citation. Khabrieva T. Y. Jurisprudence of the Pandemic: An Emergency Territory. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 5—9. (In Russ.) DOI: 10.12737/jflcl.2022.001
Aims and Objectives of the State of Emergency: The Venice Commission’s Approach
C. Bazy-Malaurie
Claire Bazy-Malaurie
European Commission for Democracy through Law (Venice Commission), Strasbourg, France
Abstract. The article is based on the report in the XI International Congress of Comparative Law. The report notes the importance of both international and “Eurasian” orientation of the above-mentioned Congress. It considers the studies conducted since 1995 by the Venice Commission concerning emergency situations. They attempt to find an adequate balance between the tasks — faced by state in an emergency situation — and fundamental values, such as democracy, human rights and the rule of law. The author illustrates it by referring to the positions of the Venice Commission concerning Serbia, Armenia, Kyrgyzstan, Tunisia, Romania, France and Turkey. The report is focused on the 2020 Report on Respect for Democracy, Human Rights and the Rule of Law in Times of State of Emergency, which is the Venice Commission’s response to critical questions related to the specifics of law during the spread of the coronavirus infection.
Keywords: Venice Commission, human rights, democracy, rule of law, state of emergency, COVID-19
For citation. Bazy-Malaurie C. Aims and Objectives of the State of Emergency: The Venice Commission’s Approach. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 10—12. (In Russ.) DOI: 10.12737/jflcl.2022.002
Means to Break Critical Situations, Which are Deforming Factors for a State’s and the World Society’s Development
Yu. A. Tikhomirov
Yuriy A. Tikhomirov
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, office2@izak.ru
Abstract. The article is based on the author’s report at the XI International Congress of Comparative Law “Emergencies: Problems of Legal Regulation in Modern Society”, held on December 1, 2021 at the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The author draws attention to the transformation of law and legal science under the influence of various critical situations, and also suggests possible ways for law to respond to such situations. The problems of interests in law and risks that are insufficiently mastered in science are touched upon, which is aggravated by the non-randomness of the rapid development of critical situations in the modern world.
Keywords: emergencies, pandemic, law
For citation. Tikhomirov Yu. A. Means to Break Critical Situations, Which are Deforming Factors for a State’s and the World Society’s Development. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 13—15. (In Russ.) DOI: 10.12737/ jflcl.2022.003
Harmony with the Laws of Nature as a Panacea for Emergencies
A. M. Jafarov
Azer M. Jafarov
Ministry of Justice of the Republic of Azerbaijan, Baku, Azerbaijan, contact@justice.gov.az
Abstract. The article examines certain types of emergencies of natural, man-made, anthropogenic, etc. character; investigates their pathogenesis and etiology, negative consequences for the individual and society as a whole; analyzes the causes of the outbreak of the COVID-19 pandemic throughout the world, the miscalculations in the organization of its localization and organization of medical care for citizens infected with coronavirus; shows the relationship between this pathogenic virus and the destruction of tropical forests, exorbitant extraction of minerals from the bowels of the earth, which are a natural reservoir for many viruses that are deadly to humans. It touches upon the causes of terrorism and conceptual miscalculations in the organization of criminallegal counteraction to this widespread and bloody phenomenon in the world. The paper conducts a systemic analysis of alarming trends in marriage and family relations that have developed in many countries of the world, which moves this basic cell of a society to the brink of an abyss and changes the pristine essence of the family and gender balance in society. According to the author, one of the reasons for this negative phenomenon is the permanent retreat of many countries of the world from the Creator and His commandments, widespread disregard for centuries-old moral imperatives and universal values.
Keywords: emergency, coronavirus, terrorism, pathogenicity, material damage, natural, man-made, anthropogenic factors, abortion, human rights, family, natural environment, selective childbirth
For citation. Jafarov A. M. Harmony with the Laws of Nature as a Panacea for Emergencies. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 16—23. (In Russ.) DOI: 10.12737/jflcl.2022.004
Constitutional Aspects of the Health Crisis: An Analysis Based on the Case of France
B. Mathieu
Bertrand Mathieu
University of Paris 1 Pantheon-Sorbonne, Paris, France, prb.mathieu@orange.fr
Abstract. The emergency epidemiological situation changes the distribution of competencies within the government both horizontally between the branches of government bodies and vertically from the central to the territorial level. In turn these changes objectively increase the role of the judiciary in the normative regulation of society in the new conditions. The example of France shows the role of administrative justice when a judge unwittingly becomes a co-author of administrative decisions. Another feature is the active role of medical experts in the decision-making process, as well as economists who assess the economic and financial costs of implied quarantine measures. Finally, the active reaction of civil society to the unpopular measures of the authorities has the consequence of an increase in lawsuits against government officials: since June 2020 there are more than 70 applications filed to the Court of Justice of the French Republic against high officials. According to the author it reflects the “hypertrophy of individual rights”. He concludes that it is time for the state to return to its borders.
Keywords: emergency, separation of powers, judicial power, civil society, state
For citation. Mathieu B. Constitutional Aspects of the Health Crisis: An Analysis Based on the Case of France. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 24—28. (In Russ.) DOI: 10.12737/jflcl.2022.005
The COVID-19 Pandemic and Fundamental Rights
N. Rouland
Norbert Rouland
Aix-Marseille University, Marseille, France, norbert.rouland@wanadoo.fr
Abstract. A well-known French legal scholar — founder of the French Association of Legal Anthropology — reports at the XI International Congress of Comparative Law his considerations concerning several problems of the impact of modern global emergency situations on legal systems. The report raises topical issues: the concept of the “rule of law”, limits of restrictions on individual freedoms in the context of the pandemic, state responsibility in international law, issues of access and use of personal and medical data, anti-vaccination protests, issues of social responsibility. All these issues are illustrated at several levels: international and national ones. Additionally, the researcher focuses on the French example, where the public debate on the limits of the sanitary pass is particularly actual. As an anthropologist of law, the author draws his attention to the intensive digitalization of our life, which nowadays affects those areas that previously were completely free from any artificial intelligence algorithms (digitalization of love, predictive justice).
Keywords: emergency situation, pandemic, rule of law, sanitary pass, personal data, digitalization, predictive justice
For citation. Rouland N. The COVID-19 Pandemic and Fundamental Rights. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 29—36. (In Russ.) DOI: 10.12737/jflcl.2022.006
Responses of International Law to “International Public Health Emergencies”
Wang Dan
Wang Dan
China Executive Leadership Academy Pudong, Shanghai, China
Abstract. The article analyses the provisions fixed in the Charter of the World Health Organization (WHO) concerning obligations of states to provide information about the epidemic, the conscientious application of preventive and control measures, provisioning the WHO with sufficient resources and the full use of its (WHO) role in protecting public safety. The article reveals China’s role as a reporter of other countries about prevention and combat of the COVID-19 outbreak.
In addition to the analysis of the WHO founding act itself, the article is based also on a multi-level analysis of legal mechanisms for reporting, prevention and control of the epidemic outbreak. Thus, the work identifies mechanisms for reviewing and improving the relevant internal laws of the People’s Republic of China in order to fulfil its international obligations arising from the WHO Charter and other international treaties.
The author concludes that in order to achieve aims of the WHO founding act, it is necessary to strengthen cooperation and mutual trust between states, hold global and regional high-level meetings on public health security at the appropriate time, promote the creation of mechanisms for global and regional cooperation to respond to emergencies, etc.
Keywords: World Health Organization, pandemic, COVID-19, international obligations, modernization of legislation, elimination of gaps, international security, humanitarian cooperation
For citation. Wang Dan. Responses of International Law to “International Public Health Emergencies”. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 37—39. (In Russ.) DOI: 10.12737/jflcl.2022.007
Compliance with the Principles and Norms of Justice by the EAEU Court during the Coronavirus Pandemic in 2020—2021
K. L. Chayka
Konstantin L. Chayka
Court of the Eurasian Economic Union, Minsk, Belarus, chayka@courteurasian.org, https://orcid.org/0000-0003-0691-5482
Abstract. The article discusses the main approaches and the procedure for using information technologies to ensure that the Court of the Eurasian Economic Union (EAEU) holds a court session in remote access mode during the coronavirus pandemic. The author concludes that the use of videoconferencing during meetings in the EAEU Court is an effective way to ensure the principles of the immediacy of the trial and the right of access to the court. At the same time, holding meetings in remote access mode raises a number of procedural problems that require resolution.
Keywords: pandemic, information technology, legal proceedings, Eurasian Economic Union
For citation. Chayka K. L. Compliance with the Principles and Norms of Justice by the EAEU Court during the Coronavirus Pandemic in 2020—2021. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 40—42. (In Russ.) DOI: 10.12737/jflcl.2022.008
Justice in Germany during the COVID-19 Pandemic
J. F. Krahé
Justin Friedrich Krahé
Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany
Abstract. The subject of this article is the adaptation of the judicial system of the Federal Republic of Germany to the challenges caused by the pandemic of a new coronavirus infection. The author emphasizes that the German justice promptly (already in March 2020) responded to the need for new approaches to the organization of the judicial system and took appropriate measures. At the same time, the number of cases considered by the courts remains at the same level. In addition, German administrative courts have been able to strike a balance between private and public interests in disputes arising from the COVID-19 pandemic. However, as shown in the article, there are a number of unresolved problems. They include the excessive congestion of the courts, the slow pace of digitalization of the judicial system and the overly passive role of the Federal Constitutional Court of Germany.
Keywords: justice, Federal Republic of Germany, judicial system, coronavirus pandemic
For citation. Krahé J. F. Justice in Germany during the COVID-19 Pandemic. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 43—46. (In Russ.) DOI: 10.12737/jflcl.2022.009
Emergencies: Problems of Legal Regulation in Modern Society (Review of the XI International Congress of Comparative Law)
E. V. Kosheleva, I. I. Lebedeva, E. A. Fokin
Evgenia V. Kosheleva1, Iana I. Lebedeva2, Evgeniy A. Fokin3
1, 2, 3Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, venkom@izak.ru
2lebedeva.ioanna@yandex.ru, https://orcid.org/0000-0002-2982-5642
3evgeniy.hse2018@gmail.com, https://orcid.org/0000-0002-1121-6830
Abstract. The article provides an overview of the XI International Congress of Comparative Law “Emergencies: Problems of Legal Regulation in Modern Society”, held on December 1, 2021 at the Institute of Legislation and Comparative Law under the Government of the Russian Federation with the participation of the European Commission for Democracy through Law (Venice Commission). In an interested and professional dialogue, scientists, deputies, senators, practicing lawyers, judges, representatives of international organizations discuss the main challenges that law faces during emergencies. The Congress participants comprehensively discuss the trends in the legal regulation of the combating the COVID-19 pandemic and other crisis situations.
Keywords: International Congress of Comparative Law, emergencies, pandemic, human rights, constitutional law
For citation. Kosheleva E. V., Lebedeva I. I., Fokin E. A. Emergencies: Problems of Legal Regulation in Modern Society (Review of the XI International Congress of Comparative Law). Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 47—60. (In Russ.) DOI: 10.12737/jflcl.2022.010
Preparation for the Khabarovsk War Crime Trials and Its Significance for International Law
A. I. Bastrykin
Alexandr I. Bastrykin
Abstract. The author analyzes the circumstances of development and use of bacteriological weapons by militaristic Japan on the basis of archival documents. The investigation reveals the preparation of materials by the investigative authorities of the Ministry of Internal Affairs of the USSR for this process, with the involvement of specialists — scientists-microbiologists, which made it possible to conduct the process in a short time.
The article asserts the historical significance of the Khabarovsk trial, the trial of the former Japanese war criminals of the Kwantung Army, held on December 25—30, 1945 for the development of international law relating to the prohibition of bacteriological weapons.
The author’s main conclusion is that the Khabarovsk trial not only had a major impact on the development of the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction but even today its results are very important for remembrance of the historical memory of the Great Patriotic War and World War II.
Keywords: Khabarovsk trial, militaristic Japan, biological-warfare weapons, international law
For citation. Bastrykin A. I. Preparation for the Khabarovsk War Crime Trials and Its Significance for International Law. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 61—69. (In Russ.) DOI: 10.12737/jflcl.2022.011
Commentary on the Decision of the Grand Chamber of the European Court of Human Rights of September 15, 2021 on the Request for an Advisory Opinion in Accordance with Article 29 of the Convention on the Protection of Human Rights and Dignity in Connection with the Application of Advances in Biology and Medicine
D. I. Dedov, Kh. I. Gadjiev
Dmitry I. Dedov1, Khanlar I. Gadjiev2
1Dmitry.Dedov@echr.coe.int
2Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, khanlar9999@gmail.com, https://orcid.org/0000-0001-6002-6075
Abstract. The innovative role of the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine (“the Oviedo Convention”) stems directly from its binding nature, which entails the adoption by States of specific measures designed to integrate the principles enshrined in the Oviedo Convection into the national legal order. Although the scope of the Oviedo Convention is narrower than the scope of the European Convention on Human Rights (“the Convention”), there is a synergy of both treaties within the framework of the European system of human rights protection. The Oviedo Convention and its Additional Protocols must be interpreted and applied in the light of the provisions of the Convention and in accordance with its interpretation by the European Court of Human Rights (“the Court”). It is thanks to the Court’s interpretation of the norms of the Oviedo Convention that the threshold for the protection of rights is raised, and the scope of the Convention is expanded. Under Article 29 of the Oviedo Convention, the Committee on Bioethics asked for the first time the Court to provide an advisory opinion on two questions regarding the protection of human rights and dignity of persons with mental disorders in the face of involuntary placement and/or treatment. The Court rejected the request because, although it confirmed, generally, its jurisdiction to give advisory opinions under Article 29 of the Oviedo Convention, the questions raised did not fall within the Court’s competence.
Keywords: human rights, dignity, advisory opinion, interpretation, mental disorder, jurisdiction, involuntary placement
For citation. Dedov D. I., Gadjiev Kh. I. Commentary on the Decision of the Grand Chamber of the European Court of Human Rights of September 15, 2021 on the Request for an Advisory Opinion in Accordance with Article 29 of the Convention on the Protection of Human Rights and Dignity in Connection with the Application of Advances in Biology and Medicine. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 70—79. (In Russ.) DOI: 10.12737/jflcl.2022.012
Legal Regulation of Aviation Safety Within the European Union
A. A. Batalov
Alexander A. Batalov
Mission of the Russian Federation to International Civil Aviation Organization (ICAO), Montreal, Canada, alexbatalov2000@ mail.ru, https://orcid.org/0000-0002-9311-9822
Abstract. Currently, due to various reasons (the emergence of a large number of new private aviation enterprises and organizations in the field of civil aviation against the background of the processes of liberalization and privatization of air transport; technical complexity of aviation equipment and equipment; lack of qualified aviation specialists, etc.) many States are experiencing practical difficulties with the performance of their safety control functions, and therefore they are pooling resources to implement these functions at the regional level, trying to find the most appropriate forms and mechanisms for this. In this direction, it is the member States of the European Union (EU) that have managed to achieve the greatest success, and therefore their relevant experience is of great value to other states, including the Russian Federation and other members of the Eurasian Economic Union (EAEU).
The purpose of the study: a critical analysis of the EU experience in the field of legal regulation of flight safety issues at the regional level for its use in order to develop cooperation between Russia and the EU and within the EAEU.
Research methods: dialectical, analysis and synthesis, deduction and induction, comparative law.
The issues of legal regulation of flight safety within the EU and the role of the European Union Aviation Safety Agency (EASA) in this regulation are considered. In particular, the legal problems of the EAC activity are critically analyzed in the context of the constant expansion of its subject competence, its interaction with EU member States, as well as non—EU member states and international organizations. The peculiarities of the application of the EU rules on flight safety in relation to air enterprises of foreign states (non—EU members) that carry out air transportation to and from points on the territory of EU member states are shown.
Conclusion: the system of legal regulation of flight safety issues within the EU that has been formed today on the basis of interaction between the EAC, the EU Commission and the EU member States themselves allows maintaining flight safety at a sufficiently high level, as evidenced by the statistical indicators of aviation accidents in this region.
Keywords: Aviation safety, European Union Aviation Safety Agency (EASA), certification of aeronautical products and organizations, civil aviation, Chicago Convention
For citation. Batalov A. A. Legal Regulation of Aviation Safety Within the European Union. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 80—92. (In Russ.) DOI: 10.12737/jflcl.2022.013
Duress BC
J. J. Gruntovskiy, V. S. Moiseev
Josef J. Gruntovskiy1, Vladimir S. Moiseev2
1International Law Institute, Moscow, Russia, grunt63@mail.ru
2Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, serafim.moiseev@yahoo.com
Abstract. The method of differentiating historical events according to the legal, economic and social components proposed by the authors is applied to the most ancient historical and archaeological monuments of the interaction of peoples. The obtained results of considering coercion in international relations are analyzed from the point of view of its integration and disintegration influence. This gives the authors reason to believe that international legal coercion is a conscious influence, it is a manifestation of violence, understood in a broad sense. Coercion arises when subjects compete for vital resources, and leads to integration — imperialist integration, when their peoples perceive each other as related, and — to disintegration of subjects — genocidal identification, otherwise.
Keywords: coercion, military coercion, economic coercion, cultural and information coercion, integration, genocide
For citation. Gruntovskiy J. J., Moiseev V. S. Duress BC. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 93—102. (In Russ.) DOI: 10.12737/jflcl.2022.014
Review of the 128th Plenary Session of the European Commission for Democracy through Law (Venice Commission) (15—16 October 2021)
A. A. Kashirkina
Anna A. Kashirkina
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, venkom@ izak.ru, https://orcid.org/0000-0002-4269-8262
Abstract. The review aims to cover the 128th plenary session of the European Commission for Democracy through Law (Venice Commission) held on October 15—16, 2021, in the so-called “hybrid” format. The format of the meeting assumed both the personal presence of a number of participants and online participation.
Within the framework of the considered session of the Venice Commission, its members and experts discussed and adopted opinions on the legislation of Albania, the Slovak Republic, Ukraine, the Republic of Serbia, the Netherlands, Hungary, the Republic of Armenia, United Kingdom, North Macedonia. The topics of inquiries, on which the Venice Commission opinions were prepared, were related to the implementation of constitutional reforms, electoral legislation, the protection of human rights, issues of the state of emergency, judicial reforms, etc. Based on the opinions adopted at the 128th plenary session, the Venice Commission made noteworthy conclusions, as well as formulated proposals and recommendations regarding both specific issues on amending legislation and general conceptual approaches to assessing the rule of law in states.
Keywords: Venice Commission, legislation, constitution, human rights, electoral legislation, state of emergency, referendum, judicial system
For citation. Kashirkina A. A. Review of the 128th Plenary Session of the European Commission for Democracy through Law (Venice Commission) (15—16 October 2021). Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 103—113. (In Russ.) DOI: 10.12737/jflcl.2022.015
Contractual Model of Urban Agglomeration Management: Comparative Legal Aspect
I. D. Lukmanov
Ismail D. Lukmanov
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, taekwonline@mail.ru
Abstract. In the context of the enlargement of megalopolises and the formation of urban agglomerations, the problem of both an effective and democratic way of managing this complex formation was exposed. According to the author of the article, the model of urban agglomeration management, which meets the principles of a modern democratic state and local self-government, is a contractual model that considers the interests of all interested parties when making decisions of a general agglomeration nature.
The article examines the practice of applying forms of intermunicipal cooperation in the conditions of urban agglomerations on the example of such states as the United States of America, France and Mexico. In the legal practice of these countries, models for managing urban agglomerations have been approved. At the same time, these states faced a number of institutional, organizational and functional problems in the implementation of the contractual model. Basically, the problems are associated with insufficient legal regulation of the status of urban agglomerations, fragmentation of municipal government, insufficiently effective interaction of public authorities. For example, in the United States, urban agglomerations are called “shapeless giants” which are not headed by anyone due to the fact that many structures operate on their territory that carry out public functions without the necessary interaction. Mexican experts recognize some difficulties, namely the lack of comprehensive approaches to the development of urban agglomeration, ineffective interaction of public authorities.
The method of comparative jurisprudence revealed the general patterns of management of urban agglomeration as a legal phenomenon, including the positive and negative aspects of the implementation of the contractual management model in the context of the current state of affairs in Russia. The algorithm of actions required for the implementation of the contractual model in the Russian Federation is outlined.
Keywords: urban agglomerations, contractual model of urban agglomeration management, municipal cooperation, development of large cities, local government
For citation. Lukmanov I. D. Contractual Model of Urban Agglomeration Management: Comparative Legal Aspect. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 114—126. (In Russ.) DOI: 10.12737/jflcl.2022.016
Trends in the Development of International Legal Mechanisms for Protecting the Rights of Foreign Investors in the Context of Sustainable Development Goals
V. V. Matveev
Vladimir V. Matveev
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, matveeff.vv@gmail.com, https://orcid.org/0000-0002-0480-9101
Abstract. The article is devoted to the trends of modern development of mechanisms for protecting the rights of foreign investors. Such mechanisms are from perfection and are in the process of constant legal development. The reform of the international economic order, taking into account the goals of sustainable development, as well as changes taking place at the regional and bilateral levels, has a particular impact.
The purpose of the article is to identify trends in the development of international legal mechanisms for protecting foreign investment in the context of the UN General Assembly resolution “Transforming our world: an agenda for sustainable development until 2030”. Strengthening the cross-sectoral mutual influence of international human rights law and international environmental law on the international investment law and order and the application of the concept of "the right to regulation" in the practice of resolving international investment disputes, are just some of the trends included in the context of the sustainable development goals.
The author examines both the international legal regulation of mechanisms for protecting the rights of foreign investors and the practice that has been developed within the framework of the work of these mechanisms. First of all, the author comprehensively considered the international legal framework and law enforcement practice of the mechanism for resolving investment disputes, especially international investment arbitration.
Research methods: dialectical, formal-logical, system-structural, comparative-legal, law-modeling and prognostic.
Based on the results of the study, the author formulated conclusions that international legal mechanisms for protecting the rights of foreign investors and the practice of their application are in continuous development. The trends discussed by the author are aimed at achieving a balance of interests of states and investors in the framework of ISDS, which is especially important in the context of the need to achieve sustainable development goals.
Keywords: international investment, investment protection, international investment law, legal status of the investor
For citation. Matveev V. V. Trends in the Development of International Legal Mechanisms for Protecting the Rights of Foreign Investors in the Context of Sustainable Development Goals. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 127—136. (In Russ.) DOI: 10.12737/jflcl.2022.017
International Legal Basis for the Introduction of EU Unilateral Restrictive Measures
F. Yu. Panov
Filipp Yu. Panov
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, filipp3096@ gmail.com
Abstract. The integration process that began on the territory of modern Europe in the 1950s led to the creation of the European Union (hereinafter referred to as the “EU”), based on three pillars: the European Communities, cooperation in the field of justice and criminal cases, as well as a common foreign and security policy. The constituent documents of the EU provide for the possibility, by a unanimous decision of the Member States, to introduce unilateral restrictive measures of an economic nature against third States, their legal entities and individuals.
The article examines the evolution of the concept of the coordinated introduction of unilateral restrictive measures by the EU member States. A detailed examination of the constituent treaties of the EU allows, within the framework of this article, to form an idea of the international legal bases and procedures necessary for the introduction of restrictive EU measures. In addition, the article examines the specifics of the interaction between the EU authorities and the national authorities of its member states on some issues related to compliance with restrictive measures, as well as the legal positions of the EU Court aimed at observing high standards of human rights protection when imposing restrictive measures.
Keywords: European Union, restrictive measures, EU Court of Justice, European Communities, sanctions
For citation. Panov F. Yu. International Legal Basis for the Introduction of EU Unilateral Restrictive Measures. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 1, pp. 137—146. (In Russ.) DOI: 10.12737/jflcl.2022.018
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