Suchergebnisse

One of the achievements of the reflectivist turn in international relations theory in the late 20th century was the attention given to the role of discourse and other ideational factors in international politics. In recent years, however, approaches critical of the discursive emphasis in international studies have emerged, seeking to restore the significance of non-discursive aspects of international relations such as geography, technology, and the non-human. This article offers a perspective on the development of international relations theory from the standpoint of the debate between materialism and idealism. Within this framework, it provides a brief overview of the historical evolution of international relations theory and subsequently delves into a detailed analysis of three strands of the new wave of materialist theorizing in the field - critical realism, new materialism, and neoclassical geopolitics. The article suggests considering the new materialist wave as, on the whole, a positive development, but also points out the necessity of taking into account the risk of "exiling" the human element from international relations research as such concepts proliferate. The possibility of collaboration between reflecivists and post-reflecivists, as well as between idealists and materialists in general, is underlined for the comprehensive study of contemporary international realities.

Aus sowjetischer Sicht

Content Syndication

The article proposes a rationale to expand the concept of humanitarian diplomacy. Based on scientific research, the author proposes to escape from a narrow understanding of humanitarian diplomacy as providing humanitarian assistance and assistance to vulnerable groups of the population. An attempt is made to form a single umbrella concept of diplomacy, which would include all types of modern diplomacy that are aimed at protecting a person, his values of ideals.

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.

Content Syndication

The given research paper presents an attempt to analyze the Caspian region from the point of view of its cross-border specifics. In contrast to the traditional understanding of the Caspian region as the region of heightened geopolitical significance the authors analyze its peculiarities and potential in the context of the cross-border cooperation dynamics. It is especially emphasized that the Caspian region may be considered as a cross-border region which, despite the substantial similarities is different from international transnational regions. The authors focus attention on a key contradiction of the Caspian region. On the one hand, national interests and foreign policy of the states-members of the Caspian region (Azerbaijan, Iran, Kazakhstan, Russia and Turkmenistan) have a national country and regional importance, since their implementation will form an effective regional security system. On the other hand, the Caspian region attracts the attention of the world powers, becoming a subject of their interest, as it is of great importance for world energy markets and has status of a transit zone between Europe and Asia. For Azerbaijan, Iran, Kazakhstan, Russia, Turkmenistan the Caspian status is combined with their most important characteristic of post-Soviet states - shared long historical stage of development within the Soviet Union. The article distinguished and analyzed four main periods of establishment of cross-border cooperation in the Caspian region. The national specificity of modernization reforms in all the countries of the Caspian region have interrelations with further development of cross-border cooperation, the priority of that performs convergence of Caspian states on a number of strategic issues, including economic cooperation and security. (author's abstract)

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