No 4 (2025)

Articles

Historiographical studies of the conceptualization of the concept of "aggression" in international law and modern political and legal doctrine

Kapustina A.V., Bagandova L.Z.

Abstract

The article presents the results of a historiographical analysis of the process of conceptualizing the concept of "aggression" in modern political and legal doctrine. The research focuses on the evolution of theoretical concepts of aggression in the context of the development of international law and political and legal doctrines. The object of the research is the process of conceptualizing the concept of "aggression" in modern legal thought. The subject of the research is theoretical concepts and modern approaches to understanding aggression as an international legal phenomenon. The relevance of the research is determined by the need to understand modern approaches to the definition of aggression as an international legal phenomenon and their impact on the formation of mechanisms to counter this phenomenon. The practical significance of the work lies in the possibility of using the results obtained for further research on international security issues and improving legal mechanisms for countering aggression. The methodological basis of the research includes historical and legal analysis, a comparative method, and a systematic approach to the study of political and legal doctrines. The scientific novelty lies in the systematization of modern approaches to understanding aggression, the identification of the continuity of ideological traditions and the formation of new concepts within the framework of political and legal doctrine. The paper examines the main directions of political and legal thought in the field of conceptualization of aggression, examines the influence of socio-political factors on the formation of ideas about this phenomenon. Special attention is paid to the influence of the Nuremberg Tribunal on the formation of a modern understanding of aggression and the contribution of Soviet jurists to the development of a classification of types of aggression. The article analyzes current trends in the interpretation of the concept of aggression, including proposals to introduce categories of informational and economic aggression. The necessity of preserving the established international legal content of this term is substantiated in order to avoid destabilization of the international legal order. The concepts of "aggression" and "act of aggression" are not subject to broad interpretation and should be understood within the limits to which they are enshrined in international documents.
International law and international organizations. 2025;(4):1-14
pages 1-14 views

Illegal trafficking of weapons and ammunition as a threat to international security: an analysis of international legal instruments for counteraction from the late 19th to the early 20th century

Gamataev A.T.

Abstract

The article presents a comprehensive historical and legal analysis of the formation and development of international legal mechanisms to combat the illicit trafficking of weapons and ammunition. The study covers the evolution of international norms from the early declarations of the 19th century to contemporary conventions and protocols. The relevance of the topic is due to the fact that the illicit trade in weapons poses one of the most significant threats to public safety, closely linked to transnational crime, terrorism, and other serious crimes. The author examines the problem in the context of its transnational nature, noting that a significant portion of the global trade in firearms is illegal. The work thoroughly analyzes the main international legal instruments regulating the trade in weapons, including protocols that govern the use of various types of armaments. The author analyzes the specifics of the transnational nature of crimes in this area, emphasizing that a significant part of the global turnover of firearms is conducted illegally. The methodological basis of the research includes historical-legal, comparative-legal, and systemic analysis, allowing for a comprehensive examination of the issues and proposing ways to improve international legal regulation in this area. The scientific novelty of the research lies in a comprehensive approach to analyzing international norms and identifying effective control mechanisms. The practical significance of the work is defined by the possibility of using the obtained results to enhance existing legal mechanisms and foster international cooperation in countering illicit arms trafficking. The author concludes that the inception of the development of international law concerning the combat against the illicit trafficking of weapons, ammunition, and explosives dates back not to the second half of the 20th century, but to the first half of the 19th century. The author also finds it appropriate to propose a periodization: 1) from 1868 to 1950, when the issue began to emerge on the agenda, and the trade (use) of ammunition was regulated by specific international treaties; 2) from 1950 to the present day, when issues of the use and trade of various kinds of weapons began to be regulated in detail at the international level, with the establishment of bans and restrictions on various types of weapons, explosives, and ammunition.
International law and international organizations. 2025;(4):15-32
pages 15-32 views

Democracy: Genesis, Development, International Legal Foundations

Goncharov V.V., Spektor L.A., Bezuglov S.V., Malinovskii O.N.

Abstract

The article is dedicated to the analysis of the international legal foundations of democracy. The authors examined the genesis and stages of the development of democracy as a concept and phenomenon of social-legal reality. The authors consider various viewpoints on the concept of democracy in Russian and foreign scientific and educational literature. The article investigates specific models of democracy, which are classified based on various criteria. For example, depending on the form of public participation in its implementation, one can distinguish direct, plebiscitary, and representative democracies. The authors analyzed the signs and principles of democracy, its role in the development of society and the state, and formalizes and justifies the author's definition of democracy as a concept and as a phenomenon of social-legal reality. A number of scientific research methods are employed in the work: formal-logical, historical-legal, comparative-legal, method of analyzing specific legal situations, statistical, and sociological methods. It is noted that the process of embodying democracy as an ideal theoretical construct in the mechanism of organizing and functioning of society and the state implies the consolidation of its fundamental principles and forms in the system of normative legal acts. Since the end of the World War II and the establishment of the UN, all states on the planet are somehow involved in the system of international legal relations, international law norms occupy an important place in this system. In this regard, the authors analyzed democracy as a concept and phenomenon of social-legal reality at the international legal level. The system of international legal acts that enshrine the fundamental principles and forms of democracy is examined. The main viewpoints on democracy in international law are considered: as the foundation of a civilized international community and corresponding law; as the process of democratizing the international legal order; as forms of organizing public governance; and as an international legal regime. The author's definition of democracy as an international legal phenomenon is formalized and justified.
International law and international organizations. 2025;(4):33-49
pages 33-49 views

Philosophy of International Law: Historical and Legal Aspect

Duben A.K.

Abstract

The subject of the research is the collection of legal norms of the regulatory legal acts of the Russian Federation, international treaties (agreements) that govern public relations in the area of political and economic cooperation. The philosophy of international law is justified as a branch of the philosophy of law, international law, and the theory of state and law. The main doctrinal provisions of international law are analyzed in terms of historiographical models and political-legal teachings. Thus, the philosophy of international law and political-legal thought largely lead to scientific reflections on new factors that influence contemporary international relations, presenting new demands on modern international law. The works of economic theory and specific philosophical trends of Marxism and socialism are analyzed, and based on these findings, the relevance of intergovernmental organizations like BRICS is confirmed. The results of the presented research are obtained through a dialectical approach, general scientific and sectoral methods characteristic of socio-humanitarian sciences, as well as special techniques for studying political and legal doctrines, philosophical-legal and theoretical-legal issues. The novelty of this scientific research is justified by the fact that, based on political-legal knowledge and historiographical models, the role and significance of the philosophy of international law are defined, while modern philosophy of international law is an integral characteristic of the ideological and value components of international law. The author concludes that political-legal knowledge formed through historiographical research in the field of philosophy of law, theory, and history of the state allows for the identification of relevant problems in law and the search for common solutions, exemplified by economic theory of law, which outlines guidelines for the formation and development of intergovernmental integration associations. Consequently, this scientific groundwork has determined the provisions of the philosophy of international law, which subsequently allowed for the identification of gaps and interdisciplinary issues at the borders of law, economics, philosophy, and political science.
International law and international organizations. 2025;(4):50-61
pages 50-61 views

The legal status of multinational corporations in international taxation

Machekhin V.A.

Abstract

The purpose of this article is to analyze the evolution and current trends in defining the legal status of multinational corporations (MNCs) with special attention to the area of taxation, aiming to identify patterns as well as to justify the consolidated approach as an adequate tool for regulating their tax obligations. To achieve this goal, the following tasks have been set: 1) to trace the historical evolution of approaches to regulating MNCs; 2) to identify doctrinal and practical contradictions in defining their legal capacity; 3) to analyze the specifics of tax issues arising from multinational structures; 4) to investigate contemporary international tax initiatives (BEPS, Pillar 2) as an example of the functional application of the consolidated approach. Additionally, the goal is to present the perspective of the future development of the legal status of MNCs, taking into account the challenges of modernity. The research is based on a comprehensive application of general scientific and specialized legal methods. The leading method is comparative legal analysis, used to analyze the evolution of international and national approaches to regulating MNCs, as well as to compare doctrinal constructions. The historical-legal method allowed for tracing the genesis of the phenomenon of MNCs and the stages of their regulation formation on the international stage. For effective taxation in contemporary conditions, it is possible to extend the action of special legal norms to groups of companies defined based on consolidated financial reporting and control criteria. This approach allows for an adequate consideration of the economic reality of MNC activities, counteracting the erosion of the tax base, and ensuring fair taxation without fundamentally altering existing corporate and civil legal structures. A functional application of the consolidated approach to already existing economic entities is proposed without introducing additional legal status for MNCs. Thus, the future of legal regulation of MNCs, especially in the area of taxation, is envisioned not in the formal unification of their status, but in the further development, detailing, and unification of consolidated principles based on the priority of economic substance over legal form.
International law and international organizations. 2025;(4):62-71
pages 62-71 views

Modern Problems of Examining Cases of Genocide by the International Criminal Court

Kudryavtsev V.L., Kulikova A.A., Oparin V.N., Malyutin A.D.

Abstract

This article is dedicated to the analysis of the issues related to the consideration of genocide cases by the International Criminal Court. The study employed a range of scientific methods, including formal-logical; historical-legal; comparative-legal; methods for analyzing specific legal situations; sociological; and statistical methods. The International Criminal Court considers criminal cases concerning a limited range of crimes defined in the Rome Statute. In general, the consideration of cases related to this type of crime is possible based on the principle of complementarity, according to which the national system of criminal justice is given priority for the initiation, investigation, and prosecution of individuals guilty of committing genocide. The consideration of genocide cases in this international court is associated with numerous problems. These include both general issues related to the peculiarities of the organization and functioning of the International Criminal Court, as well as specific problems arising from this type of international crime. The work not only formalizes and analyzes these issues but also develops and justifies a system of measures for their resolution.
International law and international organizations. 2025;(4):72-94
pages 72-94 views

International Legal Protection of Biodiversity: Realities and Perspectives

Rednikova T.V.

Abstract

The article discusses the system of international legal protection of biological diversity as a response to the global crisis of species loss. The author analyzes the key threats to biodiversity, including habitat destruction, overexploitation of resources, climate change, and the introduction of invasive species, emphasizing their synergistic effect. A central focus of the study is a comprehensive analysis of the architecture of international agreements in this area, with an emphasis on the Convention on Biological Diversity (CBD) of 1992 as the foundational universal treaty. The threefold objectives of the CBD are revealed: the conservation of biodiversity, the sustainable use of its components, and the fair distribution of benefits derived from the use of genetic resources. The evolution of the approach from the protection of individual species to an ecosystem-based perspective is demonstrated. The analysis of the system of international agreements in the field of biodiversity conservation reveals general trends, specific features of implementing such norms into the national legislation of countries that are parties to the agreements, and assesses their effectiveness. The research methodology is based on a comprehensive approach that integrates general scientific and specific scientific methods of knowledge. The leading role is played by the comparative legal method, which allows for a detailed analysis of the norms of international agreements in the field of biodiversity conservation and the mechanisms for their practical implementation. The author proposes a classification of international treaties according to various criteria (scope, object of protection, objectives) and describes the mechanisms for legal protection implementation, including the creation of protected areas, national strategies, and global framework programs. The article also identifies systemic problems in law enforcement: the fragmentation of the legal framework, conflicts between ecological goals and economic interests, weaknesses in control mechanisms, and an anthropocentric paradigm of regulation. In conclusion, the need for further consolidation of efforts by states, businesses, and civil society, improvement of international legal regimes, and enhancement of ecological legal awareness to ensure a sustainable future for the planet is justified. The recognition of the need for comprehensive nature protection, as a universal and indisputable value for every person, may serve as the basis for greater consolidation of state efforts and as a focal point for returning the global community to peaceful and progressive development.
International law and international organizations. 2025;(4):95-109
pages 95-109 views

International organizations as drivers of constitutional order transformation: contradictions and prospects for the institutionalization of adaptive constitutionalism

Poyarkov S.Y.

Abstract

The modern stage of constitutional law development is characterized by a rapid increase in the transnational influence of international organizations on the internal legal orders of sovereign states, which necessitates a theoretical rethinking of their role in the process of forming adaptive constitutionalism. International organizations have ceased to be exclusively external subjects of influence and have become active participants in shaping the constitutional and legal environment, capable of altering the parameters of national models of public authority. The subject of this study is a comprehensive understanding of the institutional role of international organizations as drivers of the transformation of the modern constitutional order in the context of globalization and digital restructuring. Particular attention is paid to the collisions between universalist standards and national legal specifics, which give rise to contradictions between the sovereignty of states and the necessity of compliance with transnational norms. At the center of the research is the process of institutionalizing adaptive constitutionalism as a responsive model that can reconcile international influence with the principles of constitutional identity. The methodological foundation of this work consists of modern approaches to comparative analysis, institutional theory, constitutional identity theory, and adaptive governance concepts. Both traditional legal-dogmatic and interdisciplinary methods have been employed: structural-functional, normative-comparative, case analysis, and contextual interpretation of judicial decisions. The scientific novelty of the work lies in the author's conceptualization of international organizations as structural elements in the process of forming adaptive constitutionalism. The necessity of normative recognition of adaptability as a constitutional-legal principle under conditions of multidimensional interaction between national and international actors is justified. For the first time, the institutional forms of participation of parliaments, constitutional courts, ombudsmen, and civil society in the process of reconciling international standards with national legal orders have been analyzed. Key contradictions between the doctrines of constitutional identity and universalization have been identified, and possible mechanisms for overcoming these contradictions have been proposed. The study emphasizes the prospects for digital constitutionalization and the formation of a transnational constitutional space. The research demonstrates that adaptive constitutionalism represents a legal response to the challenges of asymmetric globalization and political-legal polycentrism. The research also touches upon the role of multilevel public authority, judicial dialogue, the digital environment, and new forms of partnership between national and supranational institutions.
International law and international organizations. 2025;(4):110-129
pages 110-129 views

Critical international legal analysis of the Agreement between the Council of Europe and Ukraine on the establishment of a Special Tribunal for the crime of aggression against Ukraine

Puzyreva Y.V.

Abstract

This article provides a critical international legal analysis of the Agreement on the Establishment of a Special Tribunal for the Crime of Aggression against Ukraine, concluded on June 25, 2025, between Ukraine and the Council of Europe. The study focuses on the validity of this agreement, establishing the fact of abuse of power by the Council of Europe's principal organs, and challenging the legitimacy of a new model for creating an international criminal justice body. The study is based on an analysis of the scholarly works of Russian and foreign scholars in the field of international and criminal law. The author also analyzes the 1949 Statute of the Council of Europe, the 1969 Vienna Convention on the Law of Treaties, the 2025 Agreement on the Establishment of a Special Tribunal, and legal foundations for the establishment of temporary international criminal justice bodies. The methodological basis of the study was formed by general scientific (comparison, analysis, synthesis, analogy, deduction, induction, and others) and special (formal logic, legal interpretation, and others), historical-legal, systemic, and other methods of inquiry. Considering that this topic has not been explored in domestic research, the article may serve as a doctrinal basis for further discussions and the development of a conceptual, theoretical, and legal framework for developing counterarguments to the illegitimate decisions adopted by the Council of Europe and Ukraine. The research substantiates the lack of legitimacy of the Council of Europe to establish a temporary international criminal justice institution, including when applying the concept of implied competence of international organizations. The author's arguments allow for a critical assessment of the legality of establishing an international criminal justice institution based on agreements between a state and an international regional organization with competence in the field of human rights protection. The author refuted the possibility of raising the issue of classifying acts of aggression in state actions and the issue of immunities for state officials to the level of an international regional organization, ignoring the UN Security Council. The study's results can be applied in research and educational activities, and may also be of practical use to the competent authorities of the Russian Federation defending Russia's interests in the international arena.
International law and international organizations. 2025;(4):130-144
pages 130-144 views

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