The paper proposes the classification of health security as one of the non-military security dimensions of the second generation, determined more by globalization processes than by the end of the Cold War (first generation). The cognitive goal of the article is to identify and analyse the elements of the structure of international health security such as 1) the essence and specificity of securitization of threats to health security; 2) health security threats; 3) the referent object or whom it concerns; and 4) measures to ensure it. Specific to this dimension is the political motivation for its securitization. In the world of interrelated and global mobilities, what is significant for health security is the diversity of the development level, preferred values, and, consequently, the diversity of sensitivity and susceptibility of national healthcare systems to cross-border threats.
Adjusting the legal status, and support policies for migrant workers is an issue on the agenda of international institutions for nearly a hundred years. The first efforts to protect foreign workers have been taken during the first session of the International Labour Conference in 1919. In the following decades ILO activities has led to the preparation of three international documents concerning this issue (non-binding ILO Convention No. 66 in 1939, and Convention No. 97 of 1949, and No. 143 of 1975). For many decades, the problem of the protection and assistance of migrant workers' rights was considered as a narrow issue of international labor law. Codification efforts, undertaken during seventies, has led to the adaptation of the UN document (International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families) in 1990, and inclusion this issue into more general area of international human rights law. Despite this fact, and the existence of several categories of documents concerning migrant workers within Council of Europe, the European Union, and even ASEAN, the protection of migrant workers has never been effectively functioning system. The aim of this article is the analysis of the codification of that issue, and the main obstacles to consensus on the protection of migrant workers' rights. The state parties of the UN Convention contains primarily countries of origin of migrants (such as Mexico, Morocco and the Philippines). It seems, therefore, that despite 46 ratifications the, UN convention does not have a global character, and activities of its monitoring body (Committee on Migrant Workers-CMW) reflects primarily demands of sending countries. The article closely examines particularly controversial provisions of the ILO and UN documents from the point of view of current labour migrations and policies of sending and host countries.
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.
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 analyses the development of the concept of international crime in the "Hague" period, which covers the last decades of the last century and is closely related to the establishment of ad hoc international tribunals in the former Yugoslavia and Rwanda. The article reveals the legal grounds for the establishment of these tribunals, the features of their activities, jurisdiction and principles of responsibility of persons who committed crimes in the former Yugoslavia and Rwanda. The establishment of international justice bodies by UN Security Council decisions has provoked a number of debates about their legitimacy, but it is undeniable that the activities of ad hoc international tribunals have contributed to the initiation of a new stage in the development of international criminal justice, further development of international criminal law, in particular in the development of the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court. All types of tribunal jurisdictions are disclosed, but special attention is paid to the substantive and personal jurisdictions of tribunals, which became the basis for the theoretical justification of the "Hague" modification of international crime, as well as the practical implementation of this concept in tribunal decisions. It is shown that the categories of international crimes that constitute the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia (serious violations of the Geneva Conventions, violations of the laws or customs of war, genocide and crimes against humanity) and the categories of crimes defined in the Statute of the International Tribunal for Rwanda against humanity and violations of the Geneva Conventions) in the documents of the tribunals have been developed in comparison with the Nuremberg and post-Nuremberg periods. ~ 74 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 It is shown that the substantive jurisdiction of the ICTY and the ICC does not coincide with the provisions of the Nuremberg and Tokyo tribunals. The differences relate to the list of categories of crimes; parallel jurisdiction of international ad hoc tribunals and national courts; extending the competence of ad hoc tribunals to cases of crimes committed both during wars between states and during internal armed conflict, etc. The content of the categories of crimes, their composition, the subjects of responsibility have been clarified. In particular, the characteristic features of the crime of genocide and crimes against humanity are identified; the conditions, elements and subjects for the recognition of their qualifications are indicated. The author pays attention to the principles of personal jurisdiction, shows that in the decisions of international tribunals ad hoc has developed the principle of individual responsibility for international crimes that constitute substantive jurisdiction. The application of the principle of universal jurisdiction in the activity of tribunals is revealed. The author concludes that the establishment of ad hoc international criminal tribunals and their activities has contributed to the development of the concept of international crime and the separation of a special "Hague" modification. Keywords: international crime, tribunal, "Hague" modification, international justice, jurisdiction, criminal liability
This study aims to explore the concept of authoritarianism, which – presented in terms of the "wicked problem" of the contemporary world – seems to be a severe challenge to present-day International Relations (IR), both in theoretical and practical dimensions. The author of the article defines the concept of authoritarianism as a form of the political system in which the power and material resources of the state have been centralized, appropriated, and put at the disposal of either an individual or an elitist group "in power." In this way, the possibilities of integrating the authoritarian state – both in the political and economic dimension – with the global system of international relations are limited, and the vital administrative institutions of the state have been manipulated and appropriated. The applied research method allows for interpreting the discussed issues in a complex – albeit specific – systemic form, characteristic not only for politically fragile or declining countries and regions but also for politically stable and economically developed ones. The author's analysis allows for the presentation and reinterpretation of the issue of contemporary authoritarian regimes concerning international relations in terms that not only define but often legitimize – and repeatedly even validate – some of the most despotic, autocratic, and hegemonistic forms of the political systems in modern times.
The article deals with the basic international standards in the field of domestic workers. The author defines the concept of domestic workers and distinguishes it from such concepts as "freelancing", "domestic work", "remote employment". The characteristics of domestic workers are given. The article also identifies the main problems faced by domestic workers in carrying out their work and analyzes the basic guarantees for the protection of domestic workers' labor rights: prohibition of child labor, prohibition of forced labor, proper living conditions, in the case of residence in the employer's household, guaranteeing the right to rest, providing rest time, providing proper working conditions. The author stipulates the necessity to form a written employment contract and the relevant conditions. The role of private employment agencies in the employment of domestic workers and the need for legislative regulation of their activities are identified. The author also indicates the necessity to inspect working and living conditions of domestic workers. The purpose of the article is to examine key labor standards for domestic workers' activity and to make suggestions for the improvement of national legislation. The article stipulates the need for full ratification of the Convention on Decent Work of Domestic Workers No.189 in order to strengthen the guarantees for the observance of such workers' labor rights. The author proposes to implement certain norms into the labor legislation for the proper regulation of domestic workers' labor activity to ensure a proper level of respect for the rights of domestic workers.
Modern transformation of the economic system of this country led to structural changes in the social environment. Movement of population and human resources inside and outside the country increased. The growth of the scale of international migration processes, their mixed impact on the development of the countries, qualitative transformation of the specified processes determine the importance of the study of demographic and employment dimension of the international migration processes in Ukraine, which is among the main donors of population. The aim of the work is to determine demographic and human dimension of international migration processes in Ukraine. To achieve the goal, we applied dialectical method of scientific knowledge, as well as general scientific and special methods of research. The current state of migration processes in the global economy was examined. It was determined that in the global migration system Ukraine happens to be the country of origin, of transit and arrival of migrants. We analyzed the regional structure of migration flows in the state. It was proved that in recent years the country continues to lose population as a result of emigration, and these losses are not offset by immigration from abroad. This leads to a rapid decrease of the population of Ukraine. In addition, we tackled the problem of emigration of highly skilled labour force out of the country while the main channels of immigration into the country were identified. One of these channels is educational migration because Ukraine is included into the top ten leaders in the international market of educational services. It was substantiated that the target guideline of the state migration policy of Ukraine should be keeping the country's intellectual potential, for which it is necessary to ensure the execution of the following tasks: provision of financial and material resources to the development of science and higher education; funding in full the salaries of teachers in higher education, research workers; development of programs to preserve intellectual potential of the country; development of a mechanism for stimulating research activities and training of qualified professionals. The scientific novelty of the obtained results is in the developing and clarifying theoretical and practical foundations of the research into the issues of demographic and employment dimension of international migration processes in Ukraine. The practical value of the research results is in the definition of the target guideline of the state migration policy of Ukraine, which should be the preservation of the intellectual potential of the country. The participation of Ukraine in the international migration of skilled people should include an evolutionary process of rapprochement with the scientific and technological environment, and this process requires coordinated actions of all branches of government and business, predetermining the need for further research in this direction.
The aim of the article is to introduce and explain the concept of the Three Seas Initiative, to show the external perspective of this new regional cooperation format, and to briefly discuss the articles and reviews found in the journal's volume.
The activity of international holding companies has become crucial for the European economy. In particular, attention should to paid to the tax-related issues, which arise out of the cross-border activity of holding companies. Increasingly, holding companies employ aggressive tax optimisation in their strategies. While the tax policies of individual E.U. Member States have turned out to be of little effectiveness, simultaneously, the lack of a common and harmonised tax policy designed to counteract tax optimisation has become a serious problem for the European Union. Therefore, the European Commission strives to develop a fiscal concept which will - on the one hand - allow to effectively combat international tax optimisation adopted by holding companies and - on the other hand - be integral with the internal tax systems of individual Member States.
The article discusses the relationship between the occurrence of international conflicts and the desire of states to implement their own geopolitical interests. The key factor in the emergence of conflicts is the concept of an inter-civilization clash by Samuel Huntington, where the role of states in the formation of the international system is the trigger for decision-making. The author states that in modern conditions Russia defends its interests, which should not be perceived by other actors of international relations as a threat, but as competition.
This book explores the issue of environmentally-induced migrations from the point of view of international human rights law, international humanitarian law, international refugee law and international law of statelessness. Last few years have become a period of unprecedented growth in the number of studies devoted to the forced migration caused by climate change. The book by professor Jane McAdam, published by Oxford University Press, differs significantly from previous studies in this area. The focus of the author became a state responsibility for the situation of climate-change induced displaced people with a particular focus on legal aspects of this problem. The basis of the author`s considerations are four particular areas of public international law: international human rights law, international humanitarian law, international refugee law and international law of statelessness. The issue of climate change-induced displacement is now becoming a growing challenge for public international law. The growing number of climate change migrants becomes a challenge for the international istitutions dealing with humanitarian assistance. Sea level rise become a factor of specific legal problems, such as climatic deterritorialization of the state, state succession on the new territory, the status of people forced to leave their country submerged under the waters of ocean (forced migrants?, refugees?, stateless people?, citizens of the former country continuing its status within a new territory?).
Organized crime did not arise suddenly, it is an occurrence that dates back to the nineteenth century. Its modern form is characterized by exceptional diversity both in terms of goods threatened by its impact, as well as the forms in which it manifests itself. The main area of threats are drug production and trafficking. It is a global problem and the links of organized crime groups cover the whole world, regardless of the system, political or economic situation of a given country. The international drug crime has been developed too rapidly and individual governments are not abble to cope with it. Countries have been confronted with joining forces and creating a strong legal instrument, based on international cooperation, which will be able to give the relevant national authorities the right powers to counter organized drug crime. The aim of the article is to present the legislative and institutional dimension of the fight against organized drug crime in the global, european and national perspective.
