No 2 (2025)
Articles
Public control of outer space: towards the formulation of the problem
Abstract
This article is devoted to the analysis of issues related to the possibility of organizing and implementing public control (control of the civil society of the peoples of the United Nations) over the processes of exploration and use of outer space. The authors note that outer space is of exceptional value and importance for the processes of conservation and development of mankind, since: the exploration of outer space in the last decade has been carried out at a rapidly growing pace; modern telecommunications technologies are not possible without the use of outer space; outer space is the most important condition for ensuring the defense security of states; the danger of environmental pollution of near space by waste has increased. There are serious risks of additional militarization of outer space (up to the placement of weapons of mass destruction in it); the activities of private economic entities in outer space are poorly controlled by the international community and the civil society of the peoples of the United Nations. A number of scientific research methods are used in the work, in particular: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The authors note that the organization and implementation of public control (control of the civil society of the peoples of the United Nations) over the processes of exploration and use of outer space are fraught with a number of problems: the UN Charter and international legislation do not directly fix the grounds and limits of the implementation of this control; the norms of international space law do not always detail the possibility of participation of civil society institutions in the control of the study and use of outer space; there is no certainty as to which subjects of public control (control of the civil society of the peoples of the United Nations) should organize and conduct its activities for the processes of exploration and use of outer space; these subjects are not endowed with a set of real powers that can ensure the legality of the above-mentioned processes; these subjects have a weak material and technical base; there is no mechanism for bringing to legal responsibility those responsible for countering the legitimate control activities of the above-mentioned entities.
International law. 2025;(2):1-16
1-16
The main sources of legal regulation of international cooperation in countering the illegal drug trade and similar substances.
Abstract
The present study is dedicated to the analysis of sources of international cooperation in the fight against the illicit drug trafficking and similar substances. The author thoroughly examines the provisions of international treaty law, as well as international legal customs in the aspect of their capacity to serve as sources of international cooperation in combating the illicit drug trade and similar substances. The main sources of international law are studied systematically, and the criteria for their inclusion in the overall normative framework of international cooperation are analyzed. The criteria and principles for the formation of international legal customs are explored separately. The author examines the normative nature of customary norms based on the observance of two criteria: the existence of universal practice and the recognition of that practice as a legal norm (opinio juris). The methodology of the research includes a normative analysis of the provisions of key international treaties and a comparative legal study of doctrinal concepts of international cooperation. The author proposes a definition of international cooperation in the fight against the illicit trafficking of narcotic drugs and similar substances, which should be understood as a collaborative comprehensive activity of states based on international law norms to create and apply material and procedural international and domestic norms aimed at ensuring global and regional drug safety for the world community. The author establishes that international treaties (including UN normative conventions) as well as international custom are the main sources of international cooperation in combating the illicit drug trade and similar substances. At the same time, it is asserted that unilateral acts of states; acts of international law-making by international organizations; agreements between states and international organizations; and analogy are also sources of international cooperation, which must conform to the main sources. The scientific international cooperation in the field of combating drug crimes as a complex institution of international criminal law is also examined.
International law. 2025;(2):17-30
17-30
International Construction Contract Law as a Sub-Branch of International Construction Law: Contemporary Approaches and Development Prospects
Abstract
This article presents a comprehensive study of International Construction Contract Law (ICCL) as a key legal framework for transnational construction projects. The study examines the object, subject, methodology, and functions of ICCL through the lens of international legal sciences. Special attention is given to the role of the International Federation of Consulting Engineers (FIDIC) standards in regulating legal relationships among construction project participants from various jurisdictions. In the context of a multipolar world, the focus is on the necessity of harmonizing legal norms and protecting Russia’s national interests. The objective of the work is to identify the main aspects of legal regulation that influence the stability and predictability of international construction projects, as well as to develop recommendations for integrating FIDIC standards into Russian legislation. Comparative legal approach was employed, analyzing international contractual standards and general methodological principles of international legal sciences. Legislation and doctrinal sources reflecting the specifics of legal coordination in the construction sector were analyzed. The scientific novelty of this work lies in the development of an integrated concept of ICCL that considers multilateral engagement and the prioritization of Russia’s national interests in a globally competitive environment. A model for adapting FIDIC standards is proposed, aligning with Russia’s socioeconomic characteristics and legal traditions. It is substantiated that the integration of international standards contributes to reducing the risks of conflicts, enhancing the transparency of project processes, and creating favorable conditions for long-term partnerships, including collaboration within BRICS. The study’s conclusions hold practical significance for improving national legislation and increasing the competitiveness of Russian companies in the international arena.
International law. 2025;(2):31-47
31-47
Legislation of the Eurasian Economic Commission on Medicinal Products Circulation: Experience and Prospects for Systematization
Abstract
The increase in the number of acts of the Eurasian Economic Commission (EEC) during the development of the common market for medicinal products of the Eurasian Economic Union (EAEU) makes this topic very relevant. As one of the instruments for improving the efficiency of legal regulation, it is proposed to use the systematization of EEC acts, taking into account the theoretical studies of domestic scholars and the experience of legislation systematization during the Soviet and modern periods. EEC acts regarding the circulation of medicinal products vary in the degree of bindingness of their norms, levels of adoption, and approaches to their development, which makes the process of their organization very complex. Using historical and comparative legal methods the experience of systematization of EEC acts has been examined in the article, the connection with the stages of forming a common market for medicinal products of the EAEU has been made by the author. The systematic approach allowed the author for the extrapolation of general approaches to systematization onto EEC acts. Based on the results of the analysis, it is proposed to use approaches offered in the theoretical studies for the prospective systematization of EEC acts regarding the circulation of medicinal products. Based on theoretical provisions on systematization and the conducted analysis of the stages of formation of the common market, an original strategy for conducting official systematization in this area is proposed, including justification the timelines for its initiation in this area, proposal of main directions, identification of a range of norms that will lose relevance after the end of the transition period to the common market of medicines of the EAEU and which should be excluded based on the results of systematization. The proposals have been made with consideration of the modification of the legislation systematization and the increase in the law-making. The results of the research may be used in the practice of the EEC and other integration organizations when preparing work plans and compilations of regional requirements and determining strategic development directions.
International law. 2025;(2):48-62
48-62
Coercion and international legal responsibility in international construction contract law
Abstract
This study investigates the intricate mechanisms of coercion in international construction contracts amid a rapidly evolving multipolar global order. It analyzes diverse forms of pressure—including economic, administrative, and political measures—that significantly influence contractual relations between state actors and private contractors. The research applies comparative legal analysis, case study methodology, and formal-legal interpretation of international investment agreements and standard FIDIC contracts. Through the examination of key arbitration cases, the study identifies how inadequate contractual safeguards, asymmetric risk distribution, and unilateral actions by public authorities contribute to coercive practices in the construction sector. It highlights the vulnerability of private parties, especially when confronted with state entities acting simultaneously as regulators and contractual parties. The findings reveal critical gaps in the current international legal framework, which often lacks effective preventive or compensatory mechanisms against coercion. The paper offers several recommendations: harmonization of contract terms to ensure clarity and balance; strengthening the enforceability of arbitration decisions involving public authorities; and developing bilateral or multilateral treaties that establish protective mechanisms for investors and contractors engaged in cross-border infrastructure projects. By synthesizing theoretical approaches with practical legal analysis, this study contributes to the ongoing discourse on state responsibility and coercion in international construction law, proposing a structured legal response to an increasingly prevalent global challenge.
International law. 2025;(2):63-83
63-83
Trade dispute resolution mechanisms in the CEP: a comparative analysis with the WTO system and prospects for adaptation for the EAEU
Abstract
The article provides a comparative analysis of the trade dispute resolution mechanism provided for by the Comprehensive Regional Economic Partnership Agreement (CEPAP) and the procedures operating in the World Trade Organization (WTO) system. The main attention is paid to the analysis of regulatory differences, the nature of obligations and the institutional structure of these systems. Special attention is paid to the assessment of the possibility of adapting certain procedures of the CEP to the legal system of the Eurasian Economic Union (EAEU) in the context of the weakening of the functioning of the WTO Appellate Body. The author suggests considering the decentralized CEP model as a potential source of solutions in order to increase the effectiveness of resolving disagreements between the participants of the integration association. Additionally, the possibility of using individual components of the CEP mechanism in the EAEU legal system to improve intra-union resolution of trade disputes between member states is being considered. The study uses comparative legal, institutional, and formal logical methods that provide a systematic analysis of dispute resolution mechanisms within the framework of the CEP, WTO, and EAEU. The scientific novelty of the work lies in a systematic approach to the analysis of the CEP model as a potential source of institutional solutions for the EAEU. The author's main contribution is to identify applicable elements of the CEP mechanism that have the potential for institutional adaptation within the EAEU. The author suggests a hybrid dispute resolution model combining mandatory consultations and ad hoc arbitration. Its applicability in the legal architecture of the EAEU is substantiated. Institutional discrepancies between the CEP and the EAEU have also been identified, which can affect the effectiveness of implementation. As a result of the study, the possibility of partial adaptation of the procedural components of the CEP, including mandatory consultations and arbitration forms, in order to increase the stability of the EAEU legal architecture is substantiated. It is concluded that it is necessary to form a hybrid dispute resolution model combining elements of legal certainty and procedural adaptability. The risks associated with the varying degrees of institutionalization of the legal systems of the CEP and the EAEU are highlighted.
International law. 2025;(2):84-94
84-94