Search results
Filter
7480 results
Sort by:
International Legal Means and Procedures for Settlement of International Disputes
The article highlights norms and provisions of international legal documents within such international organization as the League of Nations, the United Nations Organization, the Organization for Security and Co-operation in Europe, the Council of Europe, the Organization of American States and the Organization of African Unity (African Union) in terms of means and procedures for the peaceful settlement of disputes. Conventions, declarations, resolutions, protocols, statutes, charters, treaties and other acts can be found among these international legal documents from all continents all over the world. In the process of studying the international legal acts, there are analysed provisions stipulating the use of means and procedures for the peaceful settlement of international disputes. There are also described characteristic features of applying these tools and mechanisms. Besides, it is conducted an analysis of their peculiarities and perspectives for use in practice. Despite a wide range of instruments and mechanisms available for the peaceful settlement of disputes, number of conflicts all over the world is increasing. It may say about their ineffectiveness or about a necessity to develop new concepts, new ideas, new approaches to understanding of conflict and ways of its solution. All peaceful instruments include application of negotiations. Along with that, negotiations as a method to resolve a dispute are not fully discovered and updated. There are no strict and generally recognised rules of conducting negotiations, what participants of negotiations should comply with and what is allowed or not allowed to do while convincing. Researchers of the peaceful settlement of disputes agree on effectiveness and reasonableness of engaging the third, neutral party for dispute resolution. It can be an objective remedy in terms of impartiality and fairness. One more aspect which is taken into account more and more often is prevention. That is to take corresponding measures in advance. When the situation is at the ...
BASE
New World Order: International Discourse
The nature of cooperation regularly changes under pressure from new calls and threats between the actors of international relations. By means of system analysis and comparison methods, the article discloses the basic theoretical approaches to understanding of the "new world order" phenomenon, which as a result turns into a comprehensive globalization. The article summarizes the modern trends of forming the XXI century international reality, taking into account new actors, their influence on stability and variability of the imperious systems, and analyzes in detail the concepts of modern scientists who form an international discourse on the search for a new paradigm of world order. The study identifies the main characteristics of the world order – legitimacy, the mechanism of change and balance of power. The key shortcomings of the post-war world order have been identified, which include the lack of effectiveness of international organizations at various levels in ensuring the principle of sovereignty for states, respect for borders; imbalance of economic growth between nations; lack of effective sanctions against violators of international law and ensuring the universal rights of citizens; discredited democratic political model, which was recognized as dominant in the post-bipolar era, and so on. Accordingly, there were considered modern approaches to a "new world order" formation, as a result of which it was proposed to take into account the new realities of interdependence that determine the future peaceful coexistence of nations – a balance between freedom of national actors action and international law; balance between legitimacy and power; balance between "regional order" and "international". In general, the international discourse on the search for the "new world order" boundaries is common in the construction of the XXI century multipolar world, the importance of consensus between nations and the legitimacy of new rules for all actors in international relations.
BASE
International aid in financing sustainable development
In the paper, the nature of official development assistance (ODA) viewed as a component of general international aid is considered, and mechanisms for providing aid in the context of international promotion of sustainable development are described. Also, the current world trends of providing official development assistance are highlighted, and constantly increasing amount of aid is determined. The latter demonstrates that the donor countries ensure the compliance with their international obligations related to the provision of concessional financing, and technical assistance to support the efforts that are being made by countries in the field of development.The dynamics in the amount of official development assistance is analyzed, and distribution of aid by sources of financing, regions, recipients and sectors is outlined. It is found that the largest flows of ODA go mainly to countries in Africa and Asia, and the smallest go to Europe, primarily to the education and healthcare sector, social infrastructure and economic development.It is pointed out that in Ukraine, one of the largest recipient countries of ODA in Europe, there is no holistic mechanism for analyzing the receipt, distribution and control of official development assistance viewed as an instrument of general international aid.The main challenges of mobilizing foreign assistance to Ukraine are outlined and key steps in addressing these matters are proposed. In order to promote efficient use of aid offered by foreign donors in the form of international assistance for the implementation of development programs in Ukraine, the following steps should be taken: to develop a public strategy for using international aid and a system of control for monitoring over international projects; to design a sound mechanism for analyzing the receipt, distribution and control of foreign assistance; to enhance staff performance in development, support and management of international projects in accordance with the requirements of providers of international aid; to establish a single coordinating body responsible for mobilizing international assistance.Taking these steps will increase the efficiency of using aid offered by foreign donors in the form of international assistance for the implementation of development programs and provide an opportunity to pursue sustainable development goals in Ukraine.
BASE
The role of international courts' decisions in the system of sources of international financial law
The paper deals with the analysis of the legal nature of international courts' decisions and their impact on the international financial legal order. The author claims that decisions of international courts, creating no new international legal financial norms, act as an additional source of international financial law, having no autonomy, and in combination with other sources of international law, performs the following functions: 1) regulatory-prescriptive (via opinio juris of existing traditions in interstate practice in the financial sphere transforming them into international customary law); 2) regulatory-affirming (confirming the legal nature of the international agreement between the subjects of international financial legal relations which caused a disputable situation). The judicial practice on financial issues and specificity of functioning of such judicial institutions as the Permanent Court of International Justice, the International Court of Justice, the CIS Economic Court, the Court of Justice of the European Union, the Court of Justice of the Central African Economic and Monetary Community, etc. are examined. The features of the provisions of international agreements on financial issues regarding the procedure for resolving disputes between the parties of the agreement about its implementation are analyzed. The paper explores particularities of the origin and development of the idea of the creation of an international financial court. Amid modern processes of the rapid growth of the amount of crossborder financial flows in the context of globalization, which is the consequence of the implementation of numerous international financial agreements, the idea of creation of an international financial court, which was first suggested in 1935, due to the complexity of legal nature of interstate financial disputes, is an objective necessity. The following features intrinsic to decisions of international courts (including decisions on financial issues) have been identified: 1) locality (binding only on the ...
BASE
Linguistic Support of the International Activity
International processes and phenomena transformation, political processes modernization, globalization of all public life, the priority of foreign policy activities to promote both Ukraine and other countries' interests in the world, and the innovativeness of the international interaction tools determine the actualization of the study of the international specialists' of skills and knowledge of foreign language communication and translation importance, aimed at ensuring international interaction and the formation of long-term formal and informal ties between government institutions, international actors, diplomatic institutions and political leaders in order to implement political, economic, security, cultural, social and humanitarian initiatives and projects, as well as to improve the management processes of institutions, both internal and external coordination, improving the state's image in the international arena. The purpose of the article is to study the role of foreign language communication and translation skills and their importance in implementing foreign policy. The research methodology is complex. It is determined by the specifics of the subject of research, its purpose and objectives, as well as an interdisciplinary approach to the research problem. The study concluded that the professional activities of international relations specialists, diplomats, and international actors are a field of international communication, including policies, problems and events of public and state life, and languages spoken in different countries require solutions to bridge the linguistic gap, arising in the implementation of external international relations.
BASE
CORRELATION OF INTERNATIONAL TREATY AND INTERNATIONAL CUSTOM IN THE SOURCE SYSTEM OF PUBLIC INTERNATIONAL LAW ; СПІВВІДНОШEННЯ МІЖНАРОДНОГО ДОГОВОРУ ТА МІЖНАРОДНОГО ЗВИЧАЮ В СИСТЕМІ ДЖЕРЕЛ МІЖНАРОДНОГО ПУБЛІЧНОГО ПРАВА
As you know, in public international law there is no hierarchy of sources of law. However, in practice, there are controversial situations when legal relations are subject to legal regulation of various sources of law. This is especially acute in the case of international custom and an international treaty.The purpose of the scientific article is to study the problems of the relationship and interaction of the international treaty and international custom in various aspects of their existence, namely: in aspects of their occurrence, observance and application.The article focuses on the legal analysis of the relationship between the international treaty and international custom in the judicial practice of the International Court of Justice of the United Nations. The analysis is subject, in particular, to the case of the continental shelf of the North Sea (1969), as well as the case of military and paramilitary activities in Nicaragua and against Nicaragua (1986).Based on the analyzed materials, the author of the article came to the conclusion that, firstly, an international treaty may contain customary norms, that have already existed and were in effect even before its conclusion. Secondly, the international treaty may be the last stage in the process of forming the customary norm. And thirdly, an international treaty may propose new legal norms that, due to further practice of subjects of international law, can be the basis for the creation of a new international custom.Moreover, it can be concluded that international customs and international treaties can exist and operate in parallel. However, even if the contractual and customary norm are identical in content, and the subjects of international law who are in disputed legal relations are connected, both by one and the second source of law, then from the point of view of applying these identical norms, they exist independently from each other. ; Як відомо, у міжнародному публічному праві відсутня ієрархія джерел права. Однак в практиці виникають спірні ...
BASE
International experience in stimulating resource conservation
Nowadays, the issue of resource saving is increasingly brought up for discussion. This is due to serious concerns about the problem of Ecology, depletion of land resources and economic efficiency of production. Resource saving is a set of measures associated with the economical and efficient use of different production factors. The Government plays a significant part in the formation and development of resource saving in the country. Such important instruments of regulation of spheres of economic activity as investment, monetary, tax, price, legislative, program–target, informational, administrative–organizational and managerial and stimulating, on the one hand, allow to support organizations, on the other hand, limit and control them, setting the direction of development of their activities to conserve natural resources. As the title implies the article describes the main factors of influence and directions of state regulation of the resource–saving development management system of the enterprise in different countries. Factors of external and internal influence on the management of the development of resource conservation of the enterprise were clustered and considered. The article gives a detailed analysis the crucial of public policy for development resource conservation of enterprises, because a major reforms, modernization and re–equipment process of enterprises are impossible without strong state support. Much attention is given to determinate some directions of state policy in the management system of resource saving on the example of different countries of the world. A system of principles of resource conservation in developed countries is proposed and justified. Moreover, the main motivational incentives for the use of renewable energy sources by the CIS and European Union countries are considered. The article touches upon the main issues of state regulation and management of the development of resource conservation of enterprise. The article also reveals the main problems from the point of view of ...
BASE
COLLISION REGULATION OF INTERNATIONAL MIXED TRANSPORTATION
Представлена стаття присвячена дослідженню окремих аспектів та особливостей колізійного регулювання договірних відносини у сфері міжнародного змішаного перевезення вантажів. Відсутність чіткого та уніфікова ного підходу у визначенні колізійних правил, що застосовуватимуться до договірних відносин змішаного пере везення у міжнародному сполученні, породжують невизначеність, нестабільність цих відносин та жодним чином не сприяють розвитку мультимодалізму. Авторкою виокремлено основні колізійні принципи, що застосовуються до договорів перевезення вантажів із території однієї держави на територію іншої та джерела їх закріплення, а також констатовано можливість їх застосування до договорів міжнародного змішаного перевезення. Виділено колізійні прив'язки, а також підстави для обмеження у застосуванні таких прив'язок, які встановлені міжнародними договорами та конвенціями. Зроблено висновок про необхідність затвердження уніфікованого та обов'язкового до застосування міжна родного документа, що б визначав єдиний режим колізійного врегулювання міжнародних договорів змішаного перевезення. Акцентовано увагу на особливостях та правилах визначення органу, вповноваженого на вирішення спору в справах цієї категорії, а також права, яким цей орган повинен послуговуватись під час вирішення спору, окремо для держав учасниць Європейського Союзу та України зокрема. Авторка доходить висновку, що для досліджуваних правовідносин можна виділити такі 3 групи колізійних прив'язок: а) загальні колізійні принципи; б) набір колізійних прив'язок, визначений унімодальними транспорт ними конвенціями; в) формули прив'язок, які використовуються залежно від використовуваного транспорту. ; The article is devoted to the study of certain aspects and features of collision regulation of contractual relations in the field of international mixed cargo transportation. The lack of a clear and unified approach in defining the conflict rules to be applied to contractual relations of mixed transport in international traffic creates uncertainty, instability of these relations, and, at the same time, in no way contribute to the development of multimodalism. The main collision principles applied to the contracts of cargo transportation from one state to the territory of another, and the source of their consolidation, as well as the possibility of their application to the agreements of international mixed transportation. Collision factors have been identified, as well as grounds for limiting the application of such bindings as established by international treaties and conventions. It is concluded that it is necessary to adopt a unified and binding international document that would determine the unified regime of collision settlement of international agreements of mixed carriage. It focuses on the peculiarities and rules of determination of the body authorized to resolve the dispute in this category, as well as the rights that this body should use in resolving the dispute, separately for the member states of the European Union and Ukraine, in particular. The author concludes that for the studied legal relations the following 3 groups of conflict bindings can be distinguished: a) general conflict principles; b) the set of collision bindings is defined by unimodal transport conventions; c) binding formulas used depending on the transport used.
BASE