No 4 (2025)
Articles
On the impact of international law norms on the development of Russian legislation on public control
Abstract
This article is devoted to the analysis of the influence of international law norms on the development of Russian legislation on public control. The authors note that the legislation of the Russian Federation on public control has as its origins the Soviet legislation on people's control of power, which for its time was characterized by significant democracy and had a certain impact on the content of the UN Charter, international covenants on civil, political, economic, social and cultural human rights, other norms of international legislation, in particular by largely incorporating and developing democratic principles in the modern system of international law. The liquidation of the institute of national control in the last years of the USSR and the prolonged absence of a legal framework for public control in the Russian Federation at the federal level significantly reduced the legal possibilities of civil society control over the system of public authorities in the country. At the same time, international legislation has continued to strengthen the institutions of civil society in the world. The work uses a number of methods of scientific cognition, including: formal-logical; historical-legal; comparative-legal; statistical; sociological; method of analyzing specific legal situations. The authors analyzed the main directions of the impact of international legislation on the development of Russian legislation on public control. It is noted that the UN Charter, the Universal Declaration of Human Rights, and numerous international covenants enshrining various political and civil rights and freedoms, on the one hand, create a kind of foundation for the institution of public control in the Russian Federation, and on the other hand, set the vectors for the development of this institution of civil society in the country. In addition, the article formalizes and examines the current problems of the organization and functioning of the institute of public control in Russia, which are caused by ignoring the main trends in the development of international legislation in the field of human rights and freedoms, as well as civil society. The paper suggests and substantiates ways to solve these problems.
International law. 2025;(4):1-11
1-11
The Geometry of Double Taxation Treaties
Abstract
The subject of this article is the applicability of model double tax conventions and commentaries to them in interpreting the double tax agreements. This topic has long been discussed in academia and practice, driven by the need to expand the toolbox of interpretation. Unfortunately, the legal status of model conventions and commentaries to them is not regulated, nor is the right to refer to them in the process of interpreting tax treaties. The purpose of this article is to analyze the legal nature of model double tax treaties, determine their place in the legal hierarchy of means of interpreting tax agreements, and identify the conditions under which the results of these procedures will be binding. Analytical, historical, deductive, inductive, systemic, and functional research methods were used in writing this article. The main findings of the study are the conditions under which commentaries to model tax treaties can be considered supplementary means of interpreting tax treaties within the meaning of Article 32 of the 1969 Vienna Convention on the Law of Treaties, as well as the conditions under which recourse to models and commentaries thereto is permissible in interpreting tax treaties. Model tax treaties and commentaries thereto are an important tool for interpreting tax treaties; however, they do not constitute a source of law in themselves and are not binding. The article discusses the need to amend double tax treaties accordingly to allow for recourse to model tax treaties and commentaries thereto in interpreting binding treaties.
International law. 2025;(4):12-24
12-24
A person as a subject of international public oversight (international oversight of the civil society of the United Nations)
Abstract
This article is devoted to the analysis of the individual as a subject of international public oversight (international civil society control of the United Nations). The authors note that after World War II, the system of international law underwent fundamental changes, which was expressed in the creation of an international organization called the "United Nations," the adoption of its Charter, the cornerstone of which is the individual, their rights and freedoms, as well as the necessity of observing, safeguarding, and protecting the system of principles of international law. An important legal guarantee, on one hand, of these principles of international law, and on the other hand, of the system of rights and freedoms of individuals, is the institution of international public oversight (international civil society control of the United Nations), the subjects of which include, in particular: international non-governmental organizations (for example, international trade union organizations); the peoples of the United Nations; peoples and nations struggling for independence (self-determination); individuals. A number of research methods have been used in this work, such as: formal-logical; historical-legal; comparative-legal; method of analysis of specific legal situations; statistical; sociological. Individuals represent the most disputed type of subjects of the aforementioned oversight, as there is no consensus in domestic and foreign scientific literature regarding their international legal status and international legal personality. The paper analyzes the arguments of proponents and opponents of recognizing individuals as subjects of international law, as well as the arguments of scholars who classify individuals as a special type of subjects of international law or point out their contentious international legal status. The authors examine the mechanism of individuals' participation in international public oversight (international civil society control of the United Nations). An analysis is conducted of the main problems hindering optimal participation of individuals in this type of oversight, both concerning the activities, acts, and decisions of international governmental and non-governmental organizations, as well as regarding compliance with the procedure for using extraterritorial objects subordinate to international norms. A system of measures to resolve these issues is developed and substantiated.
International law. 2025;(4):25-45
25-45
The Multi-Party Interim Appeal Arbitration Arrangement (MPIA) as an Alternative Mechanism for the Settlement of Trade Disputes
Abstract
The subject of the study is the functioning of the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) as an alternative appellate mechanism for resolving trade disputes within the WTO in the context of the paralysis of the Appellate Body. The study examines the legal foundations, institutional design and procedural structure of the MPIA, as well as its practical operation based on disputes DS583, DS591 and DS611. Particular attention is paid to identifying the unique features of the MPIA that distinguish it from the classical WTO Appellate Body and bilateral arbitration, including the composition and rotation of arbitrators, the scope of review limited to questions of law, the timeframe for examination and the procedural logic modeled on the suspended appellate system. The analysis demonstrates that the MPIA provides a functional, though limited, alternative for its participants, maintaining minimum predictability and quality control of decisions. At the same time, the research highlights the systemic constraints of the mechanism, stemming from its voluntary nature, its restricted membership (57 participants without the United States), the uncertain precedential status of its awards for non-participants and the absence of a fully institutionalized appellate infrastructure. These factors limit its capacity to serve as a universal substitute for the Appellate Body. The methodological foundation of the study includes comparative legal analysis of the MPIA in relation to the classical Appellate Body and bilateral arbitration, the formal legal method applied to the text of the Arrangement and arbitral awards, as well as examination of the practical application of the mechanism using disputes DS583, DS591 and DS611. The scientific novelty lies in the comprehensive assessment of the MPIA as a transitional appellate model that partially compensates for the paralysis of the WTO Appellate Body while falling short of providing a universally applicable solution. The study clarifies the key factors that constrain the universality, legitimacy and systemic role of the mechanism within the WTO dispute settlement system. It is demonstrated that although the MPIA plays a stabilizing role by supporting the rule of law and preventing fragmentation of the multilateral trading system for participating states, it does not eliminate the need for a substantial reform of the WTO dispute settlement mechanism. The findings may be used in developing state strategies for participation in WTO dispute settlement, in shaping approaches to reforming the Appellate Body and in assessing the future of international economic law in the current crisis of the multilateral trading system.
International law. 2025;(4):46-61
46-61
Political-legal and organizational foundations of institutional relations between the EAEU and Cuba as an observer state
Abstract
The subject of the research is the collaboration between the EAEU and Cuba within the framework of the observer state institute at the Union. The purpose of the research is to reveal the system and intra-system connections of the political-legal and organizational instruments of institutional interaction between the EAEU and Cuba. In this regard, the study examined the mechanism of institutional relations between Cuba and the EAEU, the foundation of which is formed by the provisions of the Memorandum of Understanding between the EEC and the Government of Cuba. The authors focus on analyzing the complex of activities that facilitate the implementation of the Memorandum's provisions. Special attention was given to revealing the prerequisites for Cuba to acquire the status of an observer state at the EAEU and the mutually beneficial nature of their cooperation. A key aspect of the research is the analysis of the state and prospects of their cooperation in the trade and economic sphere. The methodological framework of the research includes the following methods and approaches: systemic and historical approaches, formal-dogmatic and historical-legal methods. The main conclusion of the research is the assertion that there is currently an extremely dynamic process of Cuba implementing its status as an observer state at the EAEU, which resonates with the proactive position of the EEC. The novelty of the research lies in highlighting the interaction with Cuba at the integration level as an independent plane, relatively independent of the bilateral relations of member states with the republic. It has been established that the most prominent form of institutional relations has been the development of trade and economic relations between Cuba and the EAEU member states. From a prognostic perspective, the assumption of the possible integration of Cuban enterprises into the implementation of EAEU cooperative projects is substantiated. The contribution of the article to the subject area of research is the disclosure in the systematization of horizontal and vertical levels of interaction between the parties in institutional relations.
International law. 2025;(4):62-87
62-87
International legal standards for foreign trade activities: current issues
Abstract
The subject of the research is the international legal standards regulating foreign trade activities. The article offers a modern assessment of international legal regulation of foreign trade in the context of new challenges and threats. It highlights the levels and forms of such regulation, the presence of private and public law components, blocks of tariff regulation, and prohibitions and restrictions. Attention is drawn to sanction regimes in the contemporary practice of foreign trade activities, as well as the geopolitical aspects of supranational legal regulation of foreign trade. The necessity for the contemporary regulation of foreign trade relations through "soft" regulation means such as trade customs, model acts, standard contracts, and other recommended acts is justified. Principles, substantive and procedural norms in international legal regulation of foreign trade are identified, along with its intersectoral nature. The methods of systemic analysis and classification, historical and comparative legal methods, legal formalization methods, and the problem method were used in addressing the research topic. The main conclusions of the conducted research are statements about significant trends and features of contemporary international legal regulation of foreign trade amid new challenges and threats of various origins. The following essential trends in such regulation are highlighted: the active influence of geopolitical factors, a shift from a universal (global) level to regional and bilateral levels, an increasing importance of aspects of national and regional security in regulating foreign trade, an expansion of the public law regulation block, and the strengthening of new centers of economic integration. It is concluded that the principles and activities of the World Trade Organization are ineffective in ensuring the basic principles of foreign trade activities, primarily the principle of freedom of foreign trade. The novelty of the research lies in the evaluation of international standards of foreign trade, based on the WTO agreement package, in light of new economic and political conditions.
International law. 2025;(4):88-98
88-98
The Transformation of the Principle of State Sovereignty in the Context of Supranational Regulation and Global Challenges
Abstract
Abstract: This article offers a comprehensive and in-depth analysis of the transformation of the principle of state sovereignty, a fundamental institution of modern international law. The subject of research is the multifaceted process of sovereignty's conceptual evolution, manifesting in the progressive adaptation of states to new realities characterized by both the strengthening of supranational regulation and the exponential growth in the scale and influence of transnational challenges. The aim of this work is to conduct an exhaustive study of current trends actively shaping the content and practical exercise of sovereignty, identify and interpret new doctrinal approaches reflecting these profound changes, and assess the complex practical consequences of this transformation for the functioning of the entire international system. Within the scope of the research, a detailed analysis is provided on how integration processes, encompassing globalization, rapid digitalization, global environmental issues, and multifaceted security concerns, fundamentally alter traditional notions of state power, its inherent rights, and its incumbent obligations, thereby fostering the emergence of qualitatively new models of interstate interaction amidst deep and pervasive interdependence. The methodology employed included systemic, comparative-legal, and historical-legal approaches, as well as doctrinal analysis of scholarly literature and international legal acts, encompassing constituent treaties of integration associations, resolutions of international organizations, and decisions of international judicial bodies. The hermeneutic method was utilized for interpreting complex concepts such as "shared sovereignty," "interdependent sovereignty," and "responsibility to protect." The novelty of the research lies in its comprehensive and systemic approach to analyzing the transformation of sovereignty in the contemporary context, integrating both supranational and transnational factors. For the first time, a detailed study and comparison of various doctrinal concepts reflecting shifts in the understanding of sovereignty have been conducted, examining them in relation to current global challenges. The conclusions of the research ascertain the transition of state sovereignty from a paradigm of absolute and unlimited authority to a relative, interdependent, and functional character. The role of voluntary limitations on sovereign prerogatives in favor of international cooperation and supranational regulation for the effective resolution of global problems is increasingly pronounced. The principle of sovereignty is transforming, integrating the concept of "responsibility to protect" and demanding greater flexibility and engagement from states within the international system. The adaptation of legal systems to these changes is presented as a necessary condition for maintaining international peace and stability.
International law. 2025;(4):99-115
99-115
Place of Transit Passage in the System of International Maritime Law and Its Comparison With Innocent Passage
Abstract
The United Nations Convention on the Law of the Sea (adopted in Montego Bay on December 10, 1982), hereinafter referred to as UNCLOS, provides for both innocent passage through territorial seas and transit passage through straits. The legal technique used in their description suggests that these rights have a similar legal nature. The subject of this study is the investigation of historical context of the development of innocent passage through straits in the decision of the International Court of Justice, as well as the subsequent formation of the term "transit passage" in UNCLOS. A comparison will be made between the terms "innocent passage" and "transit passage" contained in UNCLOS. In conclusion, the author will present the views of various authors on the correlation of these legal terms. This study is based on international legal acts, acts of international judicial institutions, official statements by state representatives, as well as doctrinal research by foreign authors. The methodological framework of the research consists of general scientific (methods of logical and systemic analysis, dialectical method, methods of deduction and induction) and private scientific (historical-legal, comparative-legal, formal-legal methods) methods of cognition. Based on international legal acts, acts of international judicial institutions, as well as doctrinal research, the author compared the rights of transit and innocent passages, identifying their common and distinct features. Taking into account the obtained data, the author concluded that transit passage is a relatively new institution of international maritime law that has been developed based on the concept of innocent passage, applicable in relation to international straits in the case of "Corfu Channel," determined by the International Court of Justice and subsequently codified in the Convention on the Territorial Sea and the Contiguous Zone (adopted in Geneva on April 29, 1958). However, despite the common historical background, at present, the concepts of innocent and transit passages have different scopes of application and represent two separate legal institutions.
International law. 2025;(4):116-128
116-128
International Protection of Human Rights in the Context of International Construction Contract Law
Abstract
The present study examines the legal regulation of international construction contracts within the framework of dynamic global economic integration and the emerging multipolar system of international relations. The research investigates the integration of comprehensive human rights standards into contractual provisions governing large-scale infrastructure projects. In particular, the study analyzes the protection of labor rights, environmental safeguards, and the interests of local communities by scrutinizing the incorporation of explicit contractual clauses designed to ensure accountability and transparency. Employing a comparative legal methodology, the research evaluates the congruence between international human rights obligations and national legal frameworks. It also critically assesses the role of anti-corruption measures, due diligence requirements, and robust enforcement mechanisms as essential elements in mitigating legal risks and preventing disputes in transnational construction projects. The study further reviews judicial and arbitral case law to identify institutional obstacles and practical shortcomings in the implementation of human rights norms. Its findings underscore the necessity of harmonizing international legal standards with domestic regulatory practices, thereby fostering a stable and equitable legal environment. The research contributes to the advancement of legal scholarship by offering concrete recommendations aimed at strengthening contractual protections and enhancing the overall effectiveness of legal instruments governing international construction agreements. This integrated approach ultimately seeks to balance economic development with the protection of fundamental human rights.
International law. 2025;(4):129-148
129-148
Artificial intelligence in education: from risks to prospects in the context of UNESCO's international recommendations
Abstract
The article is devoted to the analysis of UNESCO's approaches to the use of artificial intelligence in the field of education. The scientific work describes how the international community has understood the emergence of new technologies, what limitations and prospects are associated with the use of artificial intelligence. The subject of the study is the evolution of UNESCO's views on technology regulation, from the first discussions and analytical materials to the emergence of international recommendations and practical guidelines for educators and teachers. The study demonstrates how a specialized UN agency evaluates the impact of artificial intelligence on the availability of knowledge, the quality of education, the development of competencies and the reduction of social inequality. Considerable attention is paid to "soft law" documents, which form the basis for future regulatory approaches at the national level. The study covers UNESCO's view of the risks associated with the opacity of algorithms, the disparity in access to technology, threats to privacy, and their impact on academic integrity. The study uses a formal legal method that includes a meaningful analysis of UNESCO recommendations, analytical and other materials. The comparative legal method is used to the extent that it is advisable to compare and generalize in order to identify approaches to regulating artificial intelligence in education. The scientific novelty of the article lies in a comprehensive assessment of the evolution of UNESCO's position on the role of artificial intelligence in education and in identifying the logic of the formation of ethical, socially oriented approaches, as well as future national regulatory standards. The author shows that international documents are gradually shifting the focus from listing risks to developing practical solutions and tools for educators and researchers, states and organizations. It is concluded that UNESCO is developing a human-centered model for the use of artificial intelligence, focused on equal access to technology, the development of digital literacy and the support of participants in educational relations. It is also proved that UNESCO recommendations form the basis for national strategies for regulating artificial intelligence in education. The article shows that organizations have to take into account the high dynamics of technological development, the risks of digital inequality and the need to adapt educational systems to new conditions. It is concluded that international regulation will strengthen, and the role of ethical standards will become key for the sustainable introduction of artificial intelligence into the educational process.
International law. 2025;(4):149-162
149-162