International law
ISSN (online): 2644-5514
Media registration certificate: ЭЛ № ФС 77 - 60175 от 17.12.2014
Founder: NB-Media Ltd.
Editor-in-Chief: Shinkaretskaya Galina Georgievna, Doctor of Sc., Full Professor
Frequency / Assess: 4 issues per year / Open
Included in: Higher Attestation Commission list, RISC
Ағымдағы шығарылым
№ 3 (2025)
Articles
Is public control possible outside the territorial borders of the state: towards the formulation of the problem
Аннотация
This article is devoted to the analysis of the issues of the possibility and necessity of organizing and implementing public control outside the territorial borders of the state. The authors note that the public control is the most important legal guarantee for the implementation and protection of both the system of constitutional principles and the entire system of rights, freedoms and legitimate interests of citizens of the Russian Federation, as well as numerous non-governmental non-profit organizations. In this regard, the issues of determining the spatial boundaries of the functioning of this institution of civil society are of particular interest. In the context of international law, the territory of the planet is conventionally represented by the state territory of the countries of the world, territories with a mixed regime, as well as territories with an international regime (the Antarctic continent occupies a special place in this group of territories). The authors analyze the possibilities and limits of the functioning of public control within each group of these territories. The article uses a number of methods of scientific cognition, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The paper analyzes modern problems that impede the optimal functioning of the institute of public control outside the territorial borders of the state (on the example of Russia), the most important of which are: the lack of consolidation in the legislation on public control of the concept and content of the territorial limits of the functioning of this institution of civil society; the absence in international legislation of direct consolidation of the institute of control of civil society of the peoples of the United Nations international governmental and non–governmental organizations; weak development of the institute of international associations and unions of subjects of public control (subjects of civil society); ignoring by a number of countries (including the United States) the need to sign and (or) ratify the most important UN conventions affecting territories with a mixed and international regime (for example, the UN Convention on the Law of the Sea dated 11/16/1994); weak development in the scientific doctrine of international law of forms, methods, principles, grounds and limits of the functioning of public control (control of civil society) outside the territorial borders of the state. The authors have developed and justified a system of measures to resolve these problems.
International law. 2025;(3):1-12
1-12
Restrictive and expansive interpretation of the 1967 Outer Space Treaty in the context of the use of space resources
Аннотация
The subject of the research is the main theoretical and legal approaches to the interpretation of norms of international space law in the context of the use of space resources, as presented in the modern doctrine of international law. The object of the research is the international legal relations arising in the process of interpreting and applying the provisions of the Outer Space Treaty of 1967 in relation to the issues of the legality of the use and appropriation of space resources by various subjects of international law. The study aims to identify the content and methodological foundations of restrictive and expansive approaches to the interpretation of Articles I and II of the Outer Space Treaty, analyze their theoretical premises, and assess the impact of doctrinal developments on the formation of a prospective international legal regime for space resources. Special attention is given to analyzing the positions of leading representatives of international legal science regarding the extension of the prohibition of national appropriation to private entities and the qualification of natural resources of celestial bodies as part of the latter. The methodological basis of the research is provided by general scientific methods of cognition, including a systemic approach to analyzing doctrinal positions, comparative legal analysis of various interpretations of international legal norms, as well as methods of legal hermeneutics in studying the ways of interpretation of international treaties. The scientific novelty of the research is determined by the comprehensive analysis of doctrinal approaches to the issue of space resources from the perspective of the methodology of interpretation of international law. For the first time, a systematization of theoretical and legal concepts has been conducted, revealing their philosophical and legal foundations and practical implications. The study demonstrates that discrepancies in doctrine are attributable to different understandings of the nature of international law: teleological and literal interpretations of international treaties, as well as the prioritization of collective and individual interests. It has been established that the restrictive approach is based on a systemic analysis of international legal norms and the concept of the common heritage of mankind, while the expansive approach is grounded in the principles of common law and the doctrine of res nullius. The conclusion is drawn regarding the necessity of synthesizing rational elements of both concepts to create an effective international legal regime for space resources, taking into account both the collective interests of the international community and the needs for the development of space technologies.
International law. 2025;(3):13-31
13-31
Legal Regime of Maritime Spaces and Their Natural Resources in the Context of International Construction Contract Law
Аннотация
This article presents the results of a conducted study on the legal regime of maritime spaces and the natural resources therein in the context of international construction contract law. The study examines the interplay between the international legal norms enshrined in the United Nations Convention on the Law of the Sea and the contractual provisions governing maritime construction projects. The research focuses on the regulation of port infrastructure, artificial maritime installations, and offshore facilities, with particular attention to the mechanisms for risk allocation, environmental obligations, and investor protection. The object of the study comprises maritime zones and natural resources utilized in major construction projects, while the subject of the research lies in the legal framework that regulates the planning, execution, and environmental control of such projects. The methodology employed includes a detailed analytical approach, comparative legal analysis, and an extensive review of judicial and arbitral practices. Standard contractual frameworks and pertinent international agreements serve as the foundation for this examination, ensuring a robust evaluation of both legislative and practical dimensions. The study also incorporates an assessment of relevant case law from international courts and arbitral tribunals, which contributes to a deeper understanding of the evolving legal principles in this field. The novelty of the research is reflected in its systematic synthesis of multi-jurisdictional legal precedents and the integration of sustainable development principles into the analysis. The findings indicate that adherence to established international norms and standardized contractual practices not only enhances legal certainty but also minimizes disputes between sovereign states and private entities, thereby promoting a balanced and sustainable approach to maritime infrastructure development.
International law. 2025;(3):32-48
32-48
Exterritoriality in corpore: spatial limits of national law, jurisdiction, and the phenomena based on them
Аннотация
Traditional notions of territorial supremacy and the spatial limits of legal norms, which allowed for extraterritorial application only in isolated, strictly defined cases, are actually devalued due to the persistent desire of states to extend the scope of their national law and jurisdiction. Time has shown that issues of extraterritoriality are no longer limited to personal status and the fiction of extraterritoriality. The need to address this issue is also driven by the consequences of the rapid development of global competition, which has an extremely negative impact on foreign trade. This article aims to formulate the most comprehensive list of various practical manifestations of extraterritoriality, briefly trace the attitude of international legal doctrine towards this problem, and analyze, in light of the conducted research, the variant proposed by the UN International Law Commission for addressing the issue of exercising extraterritorial jurisdiction. The article employs analytical, deductive, inductive, historical, systemic, comparative-legal, and functional research methods. It analyzes the characteristics of the manifestation of various forms and types of extraterritoriality and attempts to assess the diversity of these manifestations in their entirety. Now, the science and practice of international law must develop approaches concerning not only the extraterritorial effect of laws but also the rights and obligations arising from them, judicial decisions, and documents. A generalized list of various instances of extraterritoriality leaves no doubt that this issue lies at the intersection of public international law and private international law. It is clear that the problem of extraterritoriality is so extensive and complex that it will require the participation of many specialists representing different legal traditions and the coordination of their efforts, most likely under the auspices of the UN International Law Commission.
International law. 2025;(3):49-62
49-62
Forum internum and forum externum in the law of freedom of thought, conscience, and religion: international legal aspects and comparative analysis.
Аннотация
The article explores the concepts of forum internum and forum externum as essential components of the right to freedom of thought, conscience, and religion. It analyses international legal instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the European Convention, alongside jurisprudence from the UN Human Rights Committee and the European Court of Human Rights. Particular attention is given to the distinction between internal convictions, which are afforded absolute protection, and their external manifestations, which may be restricted under specific conditions. Additionally, the article examines the conformity of the Russian legal system with international standards in this sphere. The research summarises current doctrinal developments relating to forum internum and externum and analyses recent practical cases, an area that has not previously received systematic coverage in Russian academic literature. The aim of this article is to provide a comprehensive analysis of the concepts of forum internum and forum externum within the context of the right to freedom of thought, conscience, and religion. Special emphasis is placed on a comparative legal perspective regarding the protection of this right within international and regional frameworks (UN, Council of Europe, CIS) as well as within the Russian legal order. The methodological framework comprises a combination of general scientific and specialised legal methods, including comparative-legal analysis, formal-legal analysis, and case study approaches. The practical significance lies in the fact that the conclusions and recommendations offered in the article can be applied to improve legislation and judicial practices, as well as in expert analyses and educational activities addressing issues of international protection of freedom of conscience. The international experience analysed in this study demonstrates that effective protection of freedom of thought, conscience, and religion is achievable only through strict adherence to the boundary between forum internum and forum externum. Absolute protection of individual internal beliefs must be balanced with reasonable and justified regulation of external religious manifestations. Observance of this balance promotes harmonious coexistence of diverse worldviews, prevents religious conflicts, and reinforces the principle of the rule of law. International legal mechanisms have accumulated valuable experience that can be utilised by states, including Russia and CIS countries, to enhance their own practices.
International law. 2025;(3):63-81
63-81
The Asylum Seekers Agreement between the United Kingdom and the Republic of Rwanda: international legal assessment
Аннотация
The subject of the study is theoretical views on mechanisms of asylum regulation, as well as law enforcement practice. It analyzes the legal acts of the UK concerning migration issues. The bilateral asylum partnership agreements between the UK and Rwanda are examined in detail. The study seeks to identify possible legal risks in the use of “Rwandan scheme”. It briefly describes the existing precedents in international practice for the development of similar mechanisms for the treatment of asylum seekers. The research methodology includes the analysis of international legal acts national law, court decisions, systematic approach. The author's contribution to the research is the results of the legal analysis of the scheme of “expulsion” of asylum seekers to third countries. The novelty of the study lies in a comprehensive analysis of the goals and objectives of the agreements between the UK and Rwanda in terms of their compliance with international law. The relevance of the study is confirmed by the fact that the “Rwandan scheme” is arousing interest in the countries of Europe, North America, the Middle East, Australia and Oceania, a precedent is being formed, which is likely to serve as a basis for further development of international human rights law. The main conclusions of the study are that the “Rwandan scheme” by a number of parameters at this stage may not comply with Art. 33 of the Convention relating to the Status of Refugees, Art. 3 of the European Convention on Human Rights, Art. 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Economic, Social and Cultural Rights. The findings of the study can be used in expert and gouvernment circles in the planning of changes in legislation that would control the illegal stay of foreigners and reduce illegal migration.
International law. 2025;(3):82-99
82-99
On the issue of the history of the regulation of the prohibition of the propaganda of aggressive war in international law.
Аннотация
The subject of this study is the formation of the international criminal law sector concerning the regulation of provisions on crimes of aggression. The author examines the development and adoption of international documents aimed at criminalizing the propaganda of aggressive war in retrospect, such as the UN Charter, the draft Code of Crimes against Peace and Humanity, etc. The author's significant contribution lies in the comprehensive overview of adopted treaties and resolutions, as well as the analysis of the contentious issues that arose during the adoption of the respective documents. The relevance of this study is underscored by the complex international political and economic situation and the record number of regional conflicts, making the retrospective examination of this issue important for developing more effective measures to counteract crimes of aggression, particularly the propaganda of aggressive wars, to fulfill the task of criminal law in ensuring peace and security for humanity. The scientific novelty of the research lies in the author's comprehensive review of international documents to determine the most effective ways to counteract the propaganda of aggression in the context of the current international situation while reintroducing the term "propaganda of aggressive war" into scientific discourse, as it is absent from the legislation of the Russian Federation and replaced with "public calls for unleashing aggressive war." In conducting this research, the author employed historical, comparative legal methods, as well as analytical, deductive, and inductive methods. As a result of the work carried out, the author concluded that over the past century, there have been many attempts to limit not only aggressive war itself but also its propaganda. To a large extent, the starting point for this was the judgment of the Nuremberg Tribunal; however, efforts to criminalize the act in question were undertaken long before that. Through a comprehensive analysis of international documents, the author also noted that despite the adoption of relevant resolutions, the global community has not reached a consensus on recognizing propaganda of aggressive war, rather than its individual elements (incitement), as an international crime, since the phenomenon of "propaganda" itself encompasses a broader range of actions, many of which do not fall under the relevant norms.
International law. 2025;(3):100-112
100-112
International Legal Aspects of Local Integration of Refugees
Аннотация
The article analyzes the concept of local integration proposed by UNHCR within the framework of implementing the long-term solutions to refugee problems, as well as the provisions contained in international legal acts of universal scope. It examines the positions of international documents in the field of refugee rights protection to identify provisions regarding the local integration of refugees. The mechanisms that can be used for the successful local integration of refugees into local communities are defined. The role of the host state, society, the private sector, and structures such as UNHCR and other humanitarian organizations in supporting the local integration of refugees is considered. The author provides examples of UNHCR programs and projects aimed at improving the living conditions of refugees and their integration into society. The goal of this research is to identify the international legal foundations of local integration in international refugee law. The tasks of the study include examining international documents regulating this process, analyzing UNHCR's activities regarding local integration, and exploring regional approaches using Latin America as an example. International legal regulation of local integration is reflected in international documents of universal scope, including documents from UNHCR specifically aimed at regulating it. UNHCR plays a key role in this process by taking on the responsibility of seeking and implementing refugee solutions, which is expressed in the adoption of programs and mediation between refugees, the host country, and the country of origin. Regional experiences in legal regulation highlight the collective aspirations of states to make decisions that address the refugee issue. Local integration can become an effective long-term solution for integrating refugees into a new environment, providing them with opportunities for self-sufficiency. However, further research on the experience of legal regulation is needed to assess the successful implementation of this mechanism.
International law. 2025;(3):113-126
113-126
BRICS Framework Programme for Science, Technology and Innovation: Political and Legal Dimension
Аннотация
The subject of the study is the BRICS Framework Program for Science, Technology and Innovation. The purpose of the study is to reveal the political and legal dimension of the program. In this regard, the specifics of its political and legal foundations were studied, which are the Memorandum on Cooperation in the Sphere of STI of 2015, as well as the provisions of the declarations of the summits of the leaders of the BRICS countries and ministerial meetings, which contain directives. A special political and legal basis is formed by the Agreement on the program, concluded by the national agencies of the BRICS countries that finance the sphere of research and development. The authors dwell in detail on the analysis of the mechanism for managing the implementation of the program in the process of holding project competitions based on agreed priority areas. Much attention was paid to revealing the prospects for the transition to a new stage of the program's functioning associated with flagship projects. The methodological base of the study includes the following methods and approaches: systemic and historical approaches, formal-dogmatic and comparative-legal methods, prognostic method. The main conclusion of the study is the position that due to the absence of international treaty regulation of multilateral ISTC within the BRICS, program regulation is of increased importance. The novelty of the study lies in the systematization of the political and legal foundations of the program. It has been established that due to the implementation of multilateral projects, there are prospects for the transition of the BRICS ISTC to a new qualitative level necessary for a joint response to major challenges. Along with this, the shortcomings of the program are identified. Firstly, this is an excessive level of competition between project applications, which is caused by rather modest funding. Secondly, the two-stage system of the application process within the BRICS is not effective enough. In many respects, this system is caused by the very nature of the BRICS association, which is not an integration association, and therefore program regulation of the ISTC is not based on international treaty instruments. The contribution of the article to the subject area of research is the disclosure of the specifics of the mechanism for regulating the multilateral ISTC within the BRICS.
International law. 2025;(3):127-156
127-156
The state sovereignty of the Russian Federation in the context of the transformation of the international legal order
Аннотация
The subject of this study is the state sovereignty of the Russian Federation in its modern constitutional-legal and international-legal dimensions, as well as the mechanisms for its protection and realization in the context of globalization, transnational pressure, sanction restrictions, and digital transformation. The focus of the research is on the legal foundations and mechanisms for the practical implementation of the political, economic, informational, and cyber independence of the Russian Federation as key components of state sovereignty. Special attention is given to the assessment of regulatory legal instruments aimed at ensuring the resilience of the internal governance system and protection against external pressure. Additionally, the participation of Russia in international treaties, organizations, and institutional legal regimes is analyzed, including the legal consequences of integration into intergovernmental associations, as well as the limits of permissible interaction with supranational structures from the standpoint of preserving the sovereign status of the state. The study explores the limits of permissible integration into the international system in terms of maintaining sovereignty, the legal nature of the selective approach to international obligations, and the internal doctrine of prioritizing national interests over supranational norms and institutions. The research applies comprehensive and interdisciplinary approaches, including methods of comparative jurisprudence, formal-legal analysis, systemic analysis of regulatory legal acts, as well as political-legal modeling of contemporary mechanisms for protecting state sovereignty. The scientific novelty of this study lies in a comprehensive legal assessment of the sovereignty of the Russian Federation through the lens of modern global challenges, including geopolitical instability, sanction pressure, transnational interference, and technological risks of the digital age. Sovereignty is considered not only as a constitutionally enshrined category but also as a dynamic phenomenon, realized through the political, economic, informational, and cyber independence of the state. For the first time in scientific discourse, the concept of “selective sovereignty” is systematically substantiated as a model of selective participation of the Russian Federation in international obligations while maintaining the supremacy of the Constitution. It is concluded that traditional approaches to interaction with international institutions and legal regimes are transforming in favor of a pragmatic foreign policy doctrine. The necessity of developing legal adaptation mechanisms to new realities is emphasized, including strengthening national regulators in digital, monetary, and informational spheres, developing public diplomacy, and legally enshrining technological self-sufficiency as an element of sustainable sovereignty.
International law. 2025;(3):157-175
157-175
Theoretical understanding of the principle of sovereign equality.
Аннотация
The subject of the research is the principle of sovereign equality in contemporary international law, its normative fixation, and theoretical interpretation within the context of critical legal studies. The study focuses on the aspect of the perception of this principle in international legal science. The article primarily addresses the principle's place in the international legal system, its relationship with other norms such as state immunities, the self-determination of peoples, and non-intervention. The research relies on key texts of international law, including the UN Charter, the 1970 Declaration, and decisions of the International Court of Justice, which affirm the fundamental nature of the principle while also demonstrating its theoretical limitations in the context of actual inequality among states. The interconnection of the principle of sovereign equality with other fundamental norms of international law, including state immunity, the right of peoples to self-determination, and the principle of non-interference in internal affairs, is examined. The work employs a formal-dogmatic method to identify the place of the principle of sovereign equality within the international legal system. However, such a method offers no foundation for uncovering the meaning of this principle. This gap is filled by critical legal analysis, revealing contradictions and uncertainties in the arguments associated with sovereign equality. Among the findings of the study, it is noteworthy that sovereign equality, despite its declarative universality, faces the problem of substantive emptiness. The novelty of the research lies in applying the method of deconstruction of the principle through the lens of critical theory, allowing for the disclosure of its historical variability and contextual dependency, as well as its internal contradictions and emptiness. The critical analysis reveals the tautological nature of its definitions. The author demonstrates that traditional doctrinal interpretations of sovereign equality represent a logical circle where equality is defined through sovereignty, and sovereignty through equality, yet neither provides meaningful content. The author traces the evolution of the principle from theological origins to contemporary economic determinism. The principle requires rethinking in light of new global challenges.
International law. 2025;(3):176-190
176-190
Private international law and international construction contract law: applicable law and jurisdiction
Аннотация
The article presents the findings of a comprehensive study focused on the interplay between private international law and international construction contract law in allocating applicable law and jurisdiction in cross-border construction contracts. The research subject is the legal nature of choice-of-law and procedural norms employed in international construction contracts, while the research object comprises the social relations arising in large infrastructure schemes where private and public interests overlap. The study scrutinizes doctrinal foundations of party autonomy, the integration of FIDIC applicable-law and jurisdiction clauses, the interdependence of connecting factors and admissibility criteria, and the operation of the fork-in-the-road doctrine in investor-state disputes. Particular attention is devoted to the jurisprudence of ICSID tribunals, the Permanent Court of Arbitration and UNCITRAL ad hoc tribunals, revealing convergent trends in determining governing law under Article 42 of the 1965 Washington Convention and analogous provisions. Methodologically, the work employs formal-legal analysis of arbitral rules, systematic synthesis of leading case law (including World Duty Free, Bayindir and Eurotunnel), and a comparative evaluation of Anglo-American and civil-law risk-allocation models. A mixed-methods approach ensures both doctrinal precision and practical relevance. The principal findings demonstrate a functional interdependence between selection of applicable law and forum, substantiate the need for comprehensive alignment of substantive and procedural clauses, and highlight the role of multi-tiered dispute resolution mechanisms in contract admissibility. The author’s chief contribution lies in systematizing arbitral practice on the Salini test, thereby reducing the risk of procedural duplication in parallel proceedings. The novelty of the research is the first juxtaposition in Russian scholarship of Article 42 of the Washington Convention and Article 35 of the UNCITRAL Rules where parties have made no express choice of law. The study concludes that accurately embedded FIDIC standards enhance investor protection without eroding state sovereignty, illustrating the evolving role of party autonomy as a bridge between public and private interests in the construction sector.
International law. 2025;(3):191-207
191-207