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Russian Journal of World Politics and Law of Nations

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Vol 2, No 3 (2023)
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International Law and International Bodies

4-20 75
Abstract

This article delves into the historical context of cross-border radio broadcasting during the 1930s by the League of Nations and the significant impact of Switzerland’s neutrality as the host country on this international organization. Drawing from the recently digitized and accessible League of Nations archive in Geneva, this narrative unveils a minor conflict of interest that evolved into a notable political crisis, marking an international legal precedent by showcasing the influence wielded by a smaller host nation upon a global organization.

The architects of the League of Nations envisioned Geneva as an ideal hub for the organization’s activities, complete with modern communication technologies for global outreach. However, Switzerland’s neutral stance posed an obstacle to the establishment of the League’s radio broadcasting infrastructure. Recognizing the absence of robust emergency communications, transport links, as well as a dedicated radio station in Geneva during the mid-1920s, the League of Nations sought an agreement with the Radio Swiss station. Consequently, the League of Nations own radio station, Radio-Nations, commenced broadcasting on February 2, 1932, coinciding with the start of the Conference for the Reduction and Limitation of Arms.

By May 1938, amidst mounting tensions in Europe, Switzerland chose to assert complete neutrality within the League. Discussions within the Federal Council revolved around the possibility of suspending the agreement made on May 21, 1930, along with the support for Radio Nations. Unexpectedly, on November 3, 1938, the League of Nations’ leadership in Geneva expressed the desire to re-evaluate the 1930 convention. The outbreak of The First World War drastically reshaped the relationship between the League of Nations and Radio-Nations. Switzerland decided against entering into a new agreement with the League of Nations, leading to the closure of Radio-Nations on February 2, 1942.

Maintaining the nation’s neutrality, the Swiss government vigilantly observed the events unfolding during the War. During the peak of Nazi Germany’s advances, Bern adopted stringent measures against the League of Nations, upholding a resolute diplomatic stance. However, the Swiss stance towards the League of Nations and the division of ownership of Radio-Nations gradually shifted from 1943, culminating in the resolution of several financial matters. Ultimately, in 1947, the League of Nations’ liquidation commission transferred the remaining assets of Radio-Nations and its radio waves to the United Nations.

English translation from the Russian text: Khodnev A. S. Lost in Broadcasting: Liga Natsiy, mezhdunarodnoe radiovesh-chanie i shveytsarskiy neytralitet. Vestnik MGIMO-Universiteta [MGIMO Review of International Relations]. 16(5). P. 7–27. https://doi.org/10.24833/2071-8160-2023-5-92-7-27

 

21-36 78
Abstract

The expansion of the community of Latin American states that achieved independence from their European colonizers was a new historical fact that contributed to the evolution of international law. The principles enshrined today in universal international legal acts were proclaimed on the basis of Latin American doctrinal thought and international diplomatic practice. International law is often viewed from a Eurocentric point of view, which means that little attention is paid to the influence of Latin American doctrine on the development of international law at the universal level. Therefore, it seems appropriate to shine a light on the issue of the contribution of Latin American states to the formation of international law and international legal consciousness.

The materials used for the study were the international legal norms of universal and regional nature, as well as the works of Russian and Latin American scholars. When writing the article, general and particular scientific methods were used, namely, deduction, induction, analysis, synthesis, and the historical method.

The article reveals the origins of the doctrines of international law developed by influential Latin American lawyers, statesmen and political figures in the 19th–20th centuries. These doctrines had a significant impact on the formation and development of international law both in Latin America and in the world as a whole, and influenced the development of positions of Latin American states in the international arena.

The article substantiates the conclusion that modern international law must be considered with due account of the significant contribution of Latin American states to its evolution at the universal level. It also reveals the interconnection of the principles in the doctrines of Latin American lawyers and state figures that were included in the system of international law at the universal level.

English translation from the Russian text: Golubeva M. V. 2023. Istoricheskie istoki doktrin mezhdunarodnogo prava v Latinskoy Amerike (XIX–XX vv.). Moskovskiy Zhurnal Mezhdunarodnogo Prava [Moscow Journal of  International Law]. No. 2. P. 63–76. https://doi.org/10.24833/0869-0049-2023-2-63-76

37-71 125
Abstract

A large number of international treaties regulating various spheres of international relations have already entered into force. As current practice shows, the emphasis has shifted from the need to regulate an increasing number of relationships to the importance of improving the efficiency of existing international treaties. The present article analyzes the implementation of this process in international environmental law. The authors show that a number of global and regional environmental agreements have established quasi-judicial procedures (so-called “non-compliance procedures”) in the form of implementation and compliance committees serving as international control mechanisms. The purpose of such mechanisms is to identify and resolve both local and systemic theoretical and practical issues of non-compliance arising from the provisions of international treaties.

The article is based on a large amount of material, including internationally binding legal acts, acts of an advisory nature, and modern doctrinal research of Russian and foreign scholars. The methodological basis of the research consists of general scientific methods (logical and systems analysis, the dialectical method, deduction and induction) and private scientific methods (historical and legal, comparative legal, formallegal methods, the method of legal modelling and forecasting).

In their research, the authors analyze various international binding and non-binding instruments, summarize doctrinal positions made by Russian and Western legal scholars presented in domestic and foreign scientific literature, and identify the main issues of compliance committees of international environmental agreements.

The authors attempt to give answers to the following questions: Is it necessary to fix the provisions contained in the texts of existing international environmental agreements establishing the compliance committee, or can this be done later, at the annual meetings of the conferences of the parties? What should the composition and mandate of the compliance committee be? And how efficiently do these committees function? As a result of the research, the authors draw conclusions about the need for detailed monitoring of changes in the various international environmental agreements in order to improve the effectiveness of compliance committees in exercising their mandates and identify violations of the mandates of these committees.

English translation from the Russian text: Otrashevskaya A. M., Solntsev A. M., Yusifova P. N. 2023. Rol' dogovornykh organov v kontrole za vypolneniem mezhdunarodnykh ekologicheskikh obyazatel'stv. Moskovskiy Zhurnal Mezhdunarodnogo Prava [Moscow Journal of International Law]. No. 1. P. 47–75. DOI: https://doi.org/10.24833/0869-0049-2023-1-47-75

72-104 228
Abstract

Ceasefires are increasingly relevant for contemporary conflicts and conflict management. During the first two decades of the 21st century, ceasefires also became the most widespread form of outcome for conflicts with any conclusive outcome. Half of all ceasefires, however, were either not part of a politically negotiated process to address the key contradictions that caused the armed conflict, or had no relation to any peace process at all. A ceasefire in its traditional interpretation – as a technical stage on the way to peace – increasingly becomes a ceasefire in the absence of peace and a pragmatic alternative to a stalled peace process. What are the goals and functions of ceasefires at different conflict stages, including, but not limited to, a peace process? What are the main types of ceasefires based on their key function in conflict and on the underlying goals and motivations of their parties? This article explores these questions at the theoretical/conceptual and empirical levels, on the basis of an analysis of available statistical data and drawing upon specific examples in various contexts, with special attention paid to the conflicts in Syria and Donbass. It offers an original functional-motivational typology of ceasefires classified into three types: ceasefires as part of hostilities; ceasefires“for the sake of peace” that aim to support and prepare conditions for peace negotiations; and ceasefires as an intermediate state of “neither peace, nor war,” including as a means of structuring this semi-frozen state to achieve a degree of stabilization. In practical terms, this typology helps clarify (a) the effectiveness (success or failure) of a ceasefire that should not be expected to advance or deliver one type of outcome if one or all of the parties deliberately seek to use it to achieve another type of outcome; and (b) the role of armed violence at the stage of a ceasefire that may achieve its main, underlying goals, even if it does not lead to a lasting cessation of hostilities.

English translation from the Russian text: Stepanova E. 2023. Peremirie kak komponent voyny, etap mirnogo protsessa ili format «ni mira, ni voyny». Mezhdunarodnye protsessy [International Trends]. 21(1). P. 43–74. https://doi.org/10.17994/IT.2023.21.1.72.6

Economics

105-129 111
Abstract

The EAEU, as a subject of international law, is engaged in a process of integration cooperation with states. Its interaction with countries is characterized by a variety of forms and, despite drawing on the legal experience of most international organizations, the EAEU chooses its own way. One example of a fruitful partnership, although not unambiguous on some issues, is the cooperation between the EAEU and China. The purpose of this article is to trace the realization of the economic potential of the EAEU and China to create the Silk Road Economic Belt as part of China’s global Belt and Road Initiative. In addition, the article seeks to analyse the interplay of expectations and economic motivations of each of the EAEU member states.

The research uses various documents of an international legal nature, including international treaties, doctrinal sources and the national legislation of foreign countries. The research is carried out with the use of general and special scientific methods. Legal analysis and forecasting are performed using legal modelling methods.

The article provides a comprehensive analysis of the international legal framework of economic cooperation between the EAEU and China and formulates recommendations for improving this mechanism. The overland economic corridors and their correlation with the opportunities of EAEU member states within the framework of the Belt and Road initiative are analysed in detail, as are the results of the participation of each EAEU country in this project. Chinese initiatives, such as the so-called“Digital Silk Road,” and the interests of EAEU member states in this area are also considered. In addition, the author conducts a legal examination of the basic agreements signed between the EAEU and China.

The study of the problems and prospects of cooperation between the EAEU and its member countries allows us to note the systematic nature of the EAEU’s activities in the field of integration interaction with third countries. At the same time, the variety of forms of cooperation allows the EAEU to respond flexibly to the varying degrees to which the countries are ready to simplify trade procedures. The author concludes that, structurally, the process of coupling the EAEU and the Silk Road Economic Belt (SREB) is manifested both in the linkage between the development agendas of the integration initiatives and in cooperation with individual EAEU countries.

The article emphasizes the inefficiency of a bilateral format for the EAEU member states’ accession to the SREB initiative. Considering the legal basis of cooperation between the EAEU and China, the author notes a consistent algorithm of joint actions at the current stage of integration. Nevertheless, for the future it is necessary to develop other formats of international cooperation, which would not be geographically contingent and would ensure effective coordination between different economic blocs of states, including those at different stages (forms) of integration. We should note that the digital agenda of mutually beneficial cooperation is highly relevant for both China and the EAEU countries in the long term.

English translation from the Russian text: Vorontsova N. A. 2023. Sovremennye pravovye voprosy torgovo-ekonomicheskogo sotrudnichestva EAES. Moskovskiy Zhurnal Mezhdunarodnogo Prava [Moscow Journal of International Law]. No. 1. P. 6–28. DOI: https://doi.org/10.24833/0869-0049-2023-1-6-28

130-149 130
Abstract

The UN Commission on International Trade Law established Working Group III in 2017. Within the framework of this Working Group, States’ delegations and representatives of international governmental and non-governmental organizations seek to work out solutions problems identified in the investor-State dispute settlement system. Such problems include: the lack of consistency and predictability of arbitral awards; the lack of independence and impartiality of arbitrators; and the cost and duration of proceedings. These problems can be remedied, as the UNCITRAL Secretariat and States have suggested, through reforms to the system. However, the sheer number of proposals make this look more like a revolution.

The authors researched the provisions of bilateral investment treaties, case law of tribunals demonstrating the problems of the ISDS system, as well as the works of Russian and foreign scholars. The methodological basis of the research contains general scientific and special methods.

The authors analyze several options for reforming the ISDS system outlined by Working Group III. First, they consider the Draft Code of Conduct for Arbitrators, the provisions on third-party funding and the establishment of an advisory centre in the ISDS system. Each of these initiatives is able to solve certain problems of the system. Second, the authors analyze documents relating to the creation of an appellate mechanism and a standing multilateral mechanism for the settlement of investment disputes. The authors conclude that initiatives may bring the fundamental changes to the system.

The authors conclude that the only way to remedy the identified shortcomings of the ISDS system is through reform. All the problem can and should be rectified through consistent work, and not by radical changes. Not only will the revolutionary options considered, such as the appellate instance and the court, fail to solve existing problems, but they will actually add new ones. For example, a “revolution” of the system may result in the establishment of the two parallel regimes of investor-state dispute resolution.

English translation from the Russian text: Lifshits I. M., Shatalova A. V. 2023. Obnovlenie sistemy uregulirovaniya sporov mezhdu investorami i gosudarstvami: reforma ili revolyutsiya? Moskovskiy Zhurnal Mezhdunarodnogo Prava [Moscow Journal of International Law]. No. 1. P. 29–46. https://doi.org/10.24833/0869-0049-2023-1-29-46

 



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