Suchergebnisse

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 ...

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 ...

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.

The research paper has been dedicated to the generalization and systematization of scientific achievements of representatives of international environmental direction of economic studies on Ukraine's international issues.The notion of «Ukraine's international studies» has been defined at the research. They are both studies of regularities and peculiarities, factors, subjects, values, directions, priorities, formation and realization of Ukraine's politics on the international arena and international studies in which Ukraine is an object.Reviewed scientific results of author's abstracts of Ukrainian doctoral and candidate theses, economic directions of Ukraine's international studies have been proposed. They are: theoretical, competitive, foreign economic, integration, security and international environmental. Theoretical direction of economic studies on Ukraine's international issues deals with phenomena of social-economic systems, a national economy, a cooperation between society and state in economic processes and an economic component of society functioning. Competitive direction of economic studies on Ukraine's international issues investigates phenomena of a national competitiveness, its components and a transit potential of Ukraine. Integration direction of economic studies on Ukraine's international issues researches phenomena of the international and regional integration of Ukraine. The security direction of economic studies on Ukraine's international issues investigates phenomena of the economic security of Ukraine and its components. Foreign economic direction of economic studies on Ukraine's international issues deals with phenomena of international economic relations of Ukraine, her foreign economic activity and her trans-boarder cooperation. International environmental direction of economic studies on Ukraine's international issues investigates international factors of the development of the national economic of Ukraine.Scientific results of representatives of the international direction of economic studies on Ukraine's international issues have been under analysis at the research paper. They had proposed new scientific results and further elaboration of phenomena of the economic sovereignty of Ukraine, the stability of the national economy, a local clasterization, the foreign debt of Ukraine, an international investment, an international technical assistance, the international trade of tourist services, an international migration, a transnationalization, a state regulation of the national economy and the international image of Ukraine.Key words: Ukraine's international issues; economic studies; international environmental direction. ; Узагальнено науковий доробок представників міжнародносередовищевого напряму економічних досліджень української міжнародної проблематики. Висвітлено наукові результати дисертаційних праць дослідників цього напряму з розробки феноменів економічного суверенітету держави, стійкості національної економіки, локальної кластеризації, зовнішньої торгівлі, іноземних кредитів, зовнішнього боргу, іноземних інвестицій, міжнародної технічної допомоги, міжнародної торгівлі туристичними послугами, міжнародної міграції, транснаціоналізації, державного регулювання національної економіки, міжнародного іміджу країни.Ключові слова: українська міжнародна проблематика; економічні дослідження; міжнародносередовищевий напрям.

The article deals with the issue on the correlation, study and usage of the international relations history theoretical foundations as a sufficiently specific scientific direction, combining the features of historical and political sciences, in particular world history, the history of diplomacy, political science, the theory of the international relations, etc. The emergence of the international relations history is connected with the development of national historical sciences, the study of the history of diplomacy, geopolitical concepts, the theory of international relations, etc. The results of the scientific study of the international relations history have laid the basis for the common international processes study. Throughout the XX-th century this direction was actively developing, been influenced upon by the confrontation of political systems. Accordingly, antagonistic ideologies were used, a sample selection of historical facts and sources was carried out. Such issues as the concept and the subject of the international relations history, its periodization, and relations with the world history, history of diplomacy, the theory of international relations and other scientific directions still remain controversial.

The main object of the research is to identify the features of the formative stage of the external vector of Australian environmental policy, which dates back to the 1970s. Methodology of the research is based on an analysis of documents of the Australian Parliament, Department of Foreign Affairs and Trade and the Ministry of Water, Agriculture and Environment. It is found that by the early 1970s, Australia had adopted the first international agreements that formed the basis for the further development of its multilateral environmental cooperation. During this period, various mechanisms and models of multilateral cooperation were developed. The role of United Nations Conference on the Environment held in Stockholm in 1972 in the development of a new level of international environmental cooperation is revealed. It is proven that a number of environmental problems has been has exacerbated in Australia. This led to the country's need for a broad exchange of information with other countries of the world in order to overcome them and to join forces more closely to combat them. By this time in Australia, at both the federal and state levels, government agencies responsible for implementing environmental policies were established. This facilitated the coordination of the internal and external vector of environmental activities. It is concluded that after this conference, in the 1970s, the period of formation of the international vector of Australian environmental policy began. This is justified by the fact that it was based on new principles and background and included new directions. Its peculiarity is demonstrated. It is emphasized on the important role played by the Australian Parliament in the implementation of international agreements.

Problem setting. The modern world continues to consider military power as one o f the most important tools for solving foreign policy problems. However, it is not an extraordinary option or a last resort in the range o f possible shares. Military power has become a widely used tool along with political and diplomatic actions. The decision to use military power is made by world actors based on their own understanding o f their national interests and the appropriateness o f its use, even without a UN resolution. Thus, the issue o f the study o f military power as a tool in international relations becomes relevant. Recent research and publications analysis. Consideration o f certain issues o f military strength aspects is reflected in the works o f R. Aron, O. Bodruk, A. Gramsci, R. Keohein, Н. Morgenthau, J. Nye, V. Smolyanyuk, Р. Taylor, A. Toffler, M. Trebin, K. Waltz, I. Wallerstein, S. Huntington and others. However, in modern conditions, the issue o f the use o f military power in international relations requires a new rethinking, especially in the context o f systemic changes in world society. Paper objective. The purpose o f this article is to analyze some aspects o f the use o f military power in international relations. Paper main body. The article reveals some aspects o f the use o f military power in international relations. The essence o f the military power o f the state, the forms and tasks o f its use are revealed.The article examines some aspects o f the use o f military power in international relations. The essence o f the military power o f the state, forms and tasks o f its application are revealed. It is highlighted that the simplest scenario o f the state's transition to military actions and in the international arena is the threat o f the use offorce demonstrated by it (explicit - hidden, real - conditional); A more complex type o f use o f military power remains armed violence - direct physical influence on the opposite side by means ofarmed struggle for the purpose o f its destruction or ...

The article considers the role of tourism in the world economy, analyzes the current state of international tourist flows in Ukraine, identifies the main problems of this industry and determines the further prospects of tourism development. At present, a market of tourist services, which are in great demand, is being formed. Analysis and forecast of aggregate demand in the world tourist market has shown that the number of tourists every year increases, and trends in increasing the tourist flow in the near future will maintain. The situation with tourism in Ukraine is unstable: since 2000, tourist flows to our country grew each year until 2014, when the number of tourists dropped sharply due to the global financial crisis, political, economic and social tension in Ukraine, the annexation of Crimea. However, in 2016, compared with 2015, tourist flows to Ukraine grew by 6.77% (from 12.4 million people in 2015 to 13.3 in 2016). Ukraine has continued to import tourist services in recent years. This is because our tourists go on vacation to foreign countries and there finance their tourism activities, paying for the relevant services. The advantage of importing tourism over exports negatively affects the general state of the economy of our country. Nevertheless, the study of inbound and outbound tourist flows of Ukraine allows us to conclude that their unconstrained increase during 2000-2016, which results, among other factors, in increasing the tourist activity of Ukrainian citizens, saturation of consumer demand with a national tourist product, on the one hand, and increase the interest of foreign citizens in the national tourist market.

The purpose of this article is to clarify the system and a thorough analysis of the sources of international legal regulation of working time. Dur- ing the study a number of methods have been used, namely: the formal-logical method has been used for the classification of sources of interna- tional legal regulation of working time and relevant international agreements; the system-structural method and the synthesis method – for the analysis of the provisions of the EU Directive 2003/88/EC on certain aspects of the organization of working time, as well as the formal-dogmatic and modeling method – for providing recommendations on the harmonization of national legislation with to the relevant Directive.

This study analyzes the system of international legal regulation of working time, which is a complex orderly set of international treaties, EU leg- islation and ECHR practices that underpin fundamental principles and international labour standards in the field of working time. The scientific work presents the classification of sources of international legal regulation of working time for: 1) international agreements; 2) EU legislation; 3) ECHR practice. Since most of the sources of international legal regulation of working time are international treaties, it is proposed to classify them accord- ing to the entities within which the following treaties are concluded: 1) treaties within the UN; 2) treaties within the Council of Europe; 3) treaties within the ILO; 4) treaties within the EU. ILO treaties are proven to be crucial in the area of international legal regulation of working time, as the ILO is an international organization, a specialized UN agency, established to support international cooperation in peacekeeping around the world and to reduce social injustice at the expense of improving workingconditions.

First of all, for the qualitative perception of the provisions relating to international legal regulation of working time, it is necessary to define the con- cept of "international labour standards", which is applied in the framework of the ILO activities. International labour standards are legal instruments developed by the ILO (taking into account the principle of tripartite representation – governments, workers and employers) that set out the fundamental principles and rights in the field of labour. The main forms of consolidation of such standards are ILO conventions and recommendations.

The provisions of sources of international legal regulation of working time are studied, attention is paid to their peculiarities and specificity. A number of recommendations have been made to further implement the provisions of Directive 2003/88/EC on certain aspects of the organization of working time in national labour law. In particular, it is established that this Directive establishes minimum safety and health requirements for the organization of working time and applies to: minimum periods of daily rest, weekly rest and annual leave, as well as breaks and maximum weekly working hours; some aspects of night work, shift work and workarrangements.

This article is devoted to the main problems in the institute of the death penalty. Nowadays, our society concentrates on the humanization of the rule-making framework, and especially on the loyal application of the punishment to the defendants. The State by establishing the death penalty takes away human life and it denies the honor, dignity and social value of human beings as the main goal of the states and social existence. The main idea of this article to analyze the institute of the death penalty, to explore and make statistics of states where it still exists and to determine reasons for its application. Therefore, the author considered the main aspects of the institution of the death penalty and the right to life, their legislative consolidation and concluded that the problem of the death penalty is one of the biggest problems in international law. In today's society, a lot of issues concerning the rightness and legality of the use of the death penalty exist. In this regard, the article focuses on the main regulations in which the prohibition of the death penalty is enshrined, these include the Second Optional Protocol to the International Covenant on Civil and Political Rights and Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms on the Abolition of the Death Penalty and the like. The concept of the death penalty, history and current state of its development in the world are also revealed. Also, the author analyzed the doctrine of scholars on this issue and consented that the death penalty is contrary to the principle right to life, which is the major one in international law. The author noted that many countries refuse to recognize international standards in this sphere and refuse to ratify the Protocols to international treaties abolishing the death penalty. Analyzing the issue of the death penalty, the author outlined numerous problems raised during conducting the study and noted that the international community has the task of solving the problems mentioned ...

This article is devoted to the conflict of law rules of the international contract of sale, analysis and identification of problems of the conflict method of legal regulation. The main sources of legal regulation of international purchase and sale of goods, both at the international and national levels, are studied. Attention is drawn to the peculiarities of the application of the norms of the Vienna Convention of 1980 to relations under the contract of international sale, as well as its interaction with domestic regulations. Attention is paid to the problems of harmonization of Ukrainian legislation with European and international law in the field of legal regulation of the contract of sale.The general concept and characteristics of this agreement, as well as the features of its conclusion. Withit also the practical problems which should be considered in the course of contractual work, first of all definition of the moment of the conclusion of contracts and the beginning of action of the international agreement of purchase and sale of the goods in modern conditions of development of the state are analyzed. Based on the analysis of the essential terms of the international sale agreement, the scope of this agreement, its stages of conclusion developed measures on the feasibility of regulation at the level of the Civil Code of Ukraine provisions related to establishing requirements for the principle of close communication, determining the time of the agreement, "Law of the place of the act", issues related to the conclusion of the so-called. "Agreement between the absent" (conclusion of the contract by teletype, fax, telephone, etc.), the form and content of the international contract of sale. The current state, patterns of development of conflict of law regulation in order to identify the most optimal ways to resolve conflict issues in the relevant field. It is also noted that each state in its own way carries out the legal regulation of relations, so there are conflicts between the substantive law of different ...

Currently, in Ukraine there is increase of process of labour migration of Ukrainian citizens abroad. In connection with what there is necessity of proper regulation of labour activity of migrant workers, implementation of measures to comply with international legal standards in the field of labour, implementation of measures regarding increase of the level of social protection of Ukrainian citizens traveling abroad and in case of their return from abroad.

The methodology is based on the general scientific dialectical method of cognition. Also, number of scientific methods were used. Legal regulation of labor migrants from Ukraine abroad was considered due to methods of analysis and synthesis. The directions of improving legal regulation of labor and social protection of migrant workers were identified by using structural and logical methods. Forms and methods of formal logic were widely used in the work: concepts, definitions, proofs, judgments, analogy, comparisons, generalizations, et

The aim of the article is to explore the mechanism of legal regulation of labour of migrants workers and identify ways of increase the level of social protection of Ukrainian citizens who are migrants workers. To achieve the goal the author analyzed the most important international legal acts that regulate legal migration. In the article the concept of migrant worker was analyzed and identified what kind of migrants is included to migrant worker. Particular attention is paid to analyses of bilateral agreements concluded by Ukraine with other countries on the employment and social protection of migrants. Content was determined of the employment contract and its role in regulating the legal relations of migrant workers with foreign employers. The basic guarantees of social protection of migrant.

In the article the author determined the necessity Ukraine joins to the main international conventions that regulate labor migration issues, the provisions of which should be the basis for the legal regulation of labor migrants' activity and ensuring their rights are respected. The necessity to conclude bilateral interstate agreements on regulating the employment processes of Ukrainian citizens abroad, guarantees that arise in the course of labor activity of migrant workers and social security issues, was determined. First of all, such agreements should be concluded with the countries with the highest number of migrant workers.

The article deals with the provisions on international adoption through the prism of the Hague Convention on the Protection of Children and Cooperation in the field of International Adoption in 1993, the problematic issues adopted by foreign nationals. Issues of legal conflicts between the Hague Convention and Ukrainian legislation on the prohibition of same-sex marriage and its impact on inter-state adoption have been identified. In order to ensure more effective control and supervision of the fate of adopted children, it is proposed to create an international legal database (database) and to establish a single register of adopted Ukrainian children by foreign nationals. To resolve the issue of allowing same-sex couples to adopt a Convention, initiate before the United Nations the right of countries with the prohibition of same-sex marriage to admit a convention of non-acceptance of this article (as prohibited by Article 40 of the Convention) for the purpose of further implementation in the legislation of both our state and other states. with a reservation (restriction, exclusion) to strengthen the normative international regulation of the protection of the rights of the child. Regarding the issue of abuse of international adopters, we consider it necessary to offer an alternative - to strengthen by means of legislative enshrining in both national and international law measures to protect the life of the child as an object of international adoption by increasing the degree of control over the adoption and subsequent fate of the child in the form of specially created reports each country's Interstate Adoption Authority. To ensure more effective control and supervision of the fate of adopted children, we propose to create an international legal database (database) and to establish a single register of adopted Ukrainian children by foreign citizens.

The article deals with the peculiarities and importance of diplomacy in the mechanism of international territorial disputes settlement by analyzing the results of scientific research and the legal framework. Diplomatic means of resolving international territorial disputes have been found to include so-called "reconciliation facilities", including negotiations, consultations, investigative and conciliation commissions, mediation, good services, etc. It has been established that diplomatic means are determined by the fact that the parties to the dispute independently "control" the dispute and may accept or reject the proposed mechanism of dispute settlement. It has been found that negotiation is the simplest, most convenient and acceptable means for the parties to an international dispute. They represent the process of finding disputes by the parties themselves by establishing direct contact and reaching an agreement between them. It has been established that consultations are a type of negotiation. They are used to continue the established contacts. Consultations are sought when negotiations need to be resumed in the light of emerging circumstances. It has been found that another type of regulation of international territorial disputes is the institution of peaceful settlement through the use of good services, which are a set of international legal norms that regulate the activities of third countries or international organizations for the purpose of their own initiative or at the request of are in conflict and aimed at establishing or renewing direct negotiations. It has been found that situations sometimes arise when the essence of the conflict is reduced to a different understanding of the factual circumstances that gave rise to the dispute. In such a case, the conclusion of investigative and conciliation commissions may be accelerated. "Virtual" diplomacy has been singled out as a kind of diplomatic way of resolving international territorial disputes, which is of ancillary character. It is emphasized that ...