Data-sharing as a quid pro quo of co-regulation in the EU

The paper focuses on the defining of the co-regulation of national and supranational legal regimes’ features of data-sharing in the digital platforms’ functioning on the example of the EU’s practice with a special attention to the disintegration process of Brexit. Data-sharing is one of the most appropriate spheres to demonstrate specific traits of digital platforms — the cross-border character of their operation. This demands quid pro quo interaction of the national and supranational regulatory regimes, filling the gap associated with the lack of international regulation and the inability to harmonize law. We begin with the theoretical characterization of information and personal data, the right to privacy, and classifications of interventions in private life. The EU has been chosen as an example, acting as a flagship of interaction of national and supranational legal orders in relation to the co-regulation of cross-border data-sharing in digital platforms. Interaction of the EU on the principle of quid pro quo, based on the practice of making decisions on adequacy, is considered in the context of Brexit and the relevant law-making practice of the UK. The discussion is complemented by examples of similar EU relations with South Korea and the United States. Based on the analysis, the authors conclude that the EU supranational legal order has a high degree of influence on the national legislation of third countries, which contributes to the constant development of regulation in the sphere and the strengthening of international integration

EEC and Yugoslav cooperation in the frames of modern international relations in Europe

Traditionally the phenomenon of the European integration towards South East Europe is regarded starting from the XXI century. The explanation for such a periodization are resolution of the open conflicts on the territory of the former Yugoslavia and implementation of the complex EU strategy for the region. Starting point of the majority of researches is the year of 2003 when the EU Agenda for the Western Balkans was started in Thessaloniki. The topic of EEC-Yugoslavia relations, SFRY having been first socialist country to institutionalize its trade and economic relations with Brussels, are unfairly ignored in domestic and foreign scientific literature. It is regarded solely as a chronological period of trade agreements. Nevertheless, this issue is of fundamental importance for understanding the current neighborhood of the European Union. The main thesis the author proves is that in the 1960s and 1980s as it is the case nowadays, the main imperative of Brussels' policy towards the Balkans was to prevent Moscow from increasing its influence. This led to the formation of a very specific format of relations with Belgrade and was one of the reasons why the economic crisis in Yugoslavia became extreme and its economy irreformable. In addition, at a later and structurally much more complicated stage of relations between the countries of the former Yugoslavia and the European Union the specificity and main components of relations of the Cold War period did not fundamentally change. As for the policy of so-called containment of the external actors one could see that besides Moscow, we can speak about similar attitude of the EU towards China. It makes it possible to consider the EU policy towards the countries of the former Yugoslavia in the paradigm of neoclassical realism, rather than in the paradigm of traditional liberal European integration approaches which allows us to unite neorealists elements with the specifics of internal processes, including the modernization of institutes, relations between society and state, types of political leadership

THE IMPACT OF HUMAN RIGHTS LAW ON THE PROGRESSIVE DEVELOPMENT OF CONTEMPORARY INTERNATIONAL LAW. PART II

Introduction. Human rights law has had a powerful influence on general international law. It sets the vector of the progressive development of general international law for decades to come. Under its influence the international community began to perceive and states started to implement national sovereignty in other way and the person acquired many characteristics of international personality. Classical international law began to emerge as the global  transnational law largely due to the fact that Human rights law is the right of result, and also due to non-state, including international judicial, rulemaking, that has assigned to Human rights law selfdevelopment and constant adaptation to the changing needs of social and moral evolution of society.Materials and methods. Materials used for the analysis include legal works of Russian and foreign researchers in the field of international Human rights law as well as multinational treaties in the sphere of Human rights protection, decisions of UN treaty bodies and judgments of the European Court of Human Rights. Methodological procedures of the research include general and specific scientific methods of enquiry (dialectical method, methods of analysis and synthesis, deduction, induction, comparative-legal and historical-legal methods).Research results. At some point, many states have ceased to encourage the international judicial activism, for example, the United Kingdom, France, Germany, the countries of Eastern Europe and, last but not least, the Russian Federation. Now international judicial rulemaking is accused of limiting freedom of national discretion in struggle against the recent crisis experienced by society due to increased terrorist threats, weakening of international competitiveness, influx of illegal migrants and refugees. In addition, a number of controversial legal positions promoted by international judicial bodies also met opposition.Discussion and conclusions.  The authors see the possibility to eliminate the growing extremely dangerous and harmful conflict between the states and international judicial bodies in strict adherence to the latest requirements of subsidiarity, restraint, neutrality and political impartiality and in that the international judicial bodies should focus mainly on search for a reasonable and generally acceptable balance between the interests of the individual and society, the individual and the state and between individual rights of different types

THE EU CHOICE towards INTEGRATION in the MIDST of COVID-19 PANDEMICS

The Covid-19 pandemic was a catalyst for the growing systemic crisis of the EU and at the same time gave the Union an impetus towards its qualitatively new development in favor of deeper integration, expressed in a change in the financial and economic space of the EU. Realizing the risks of their internal destabilization, the EU core countries decided to sacrifice the surplus from their economic successes through the socialization of debts in order to save the most affected peripheral Member States to preserve both the integration union and the European idea itself. The purpose of this article is to explain the difficulty of making this decision and its compromise nature, as well as to clarify the likely consequences and suggest options for the further development of the situation. The authors first compare the pros and cons of debt socialization. Then the variables are compared: the Spanish proposal, the Franco-German initiative and the negotiating platform on the "next generation EU" by Ursula von der Leyen with the fundamental points of the European Council compromise decision. It also provides answers to questions about the volume, conditions, mechanism, and control over the expenditure of the financial assistance provided. The breakthrough steps taken by the Member States towards finding an optimal solution are analyzed. The result of the study is a balanced conclusion about the ambiguous nature of the decision adopted by the EU but having a historical significance and opening prospects for the further deepening of integration processes. This is facilitated by reaching an agreement on the need to bring the core of the EU closer to the periphery through the socialization of debts, as well as the importance of structural reforms that would ensure the construction of a harmonious economy of the future based on a new technological platform and formulated in a breakthrough plan called the next generation EU. Success is not guaranteed, as it depends on the behavior of all Member States, but it is real. © 2020 Academic Educational Forum on International Relations. All rights reserved

“No One's Land”: What May We Expect Tomorrow?

С момента подписания Дейтонских мирных соглашений по Боснии и Герцеговины прошло более двадцати лет. Столько же – с момента последних крупномасштабных вооруженных действий на территории этой страны. Тем не менее, сегодня Босния так и не стала ни стабильно развивающейся, ни подлинно мирной. Как и другие страны Балканского полуострова, она включена в европейский интеграционный проект. Но путь в Европу для Боснии оказывается слишком тернистым. Европейский Союз демонстрирует неспособность в одиночку стабилизировать данное государственное образование. В связи с этим оптимальным решением видится системное подключение других международных сил в регионе, прежде всего, России и Турции. Отказ от сотрудничества чреват новым взрывом в этой сложной балканской стране.The Dayton Peace Agreement was signed more than twenty years ago. The “hot stage” of Bosnian conflict ended the same year. But today's Bosnia hasn't become a stable, prosperous and peaceful country. As all the Balkan states, it is included into the European integration project. But its way to Europe is thorny. The European Union faces inability to stabilize this country alone. That's why the best solution for Bosnia would be a comprehensive inclusion of other international forces in the region, first of all, Russia and Turkey. A failure to cooperate may result in a new explosion in this complex Balkan country

THE IMPACT OF HUMAN RIGHTS LAW ON THE PROGRESSIVE DEVELOPMENT OF CONTEMPORARY INTERNATIONAL LAW. PART I

Human rights law has had a powerful influence on general international law. It sets the vector of the progressive development of general international law for decades to come. Under its influence the international community began to perceive and states began to implement national sovereignty in other way and the person acquired many characteristics of international personality. Classical international law began to emerge as the global law largely due to the fact that Human rights law is the right of result, and also due to non-state, including international judicial, rulemaking, that has assigned to Human rights law self-development and constant adaptation to the changing needs of social and moral evolution of society. However, at some point, some states has ceased to encourage the international judicial activism, for example, the United Kingdom, France, Germany, the countries of Eastern Europe and, last but not least, the Russian Federation. Now international judicial rulemaking is accused of limiting freedom of national discretion in struggle against the recent crisis experienced by society due to increased terrorist threats, weakening of international competitiveness, influx of illegal migrants and refugees. In addition, a number of controversial legal positions promoted by international judicial bodies also met opposition. The authors see the possibility to eliminate the growing extremely dangerous and harmful conflict between the states and international judicial bodies in strict adherence to the latest requirements of subsidiarity,restraint, neutrality and political impartiality and in that the international judicial bodies should focus mainly on search for a reasonable and generally acceptable balance between the interests of the individual and society, the individual and the state and between individual rights of different types

New principles of resource distribution in the EU and their impact on the countries of the Baltic region

The Multiannual Financial Framework for 2021-2027 was adopted during the severe crisis caused by the ongoing coronavirus pandemic. In the face of a rapidly deteriorating economic situation, EU countries took unprecedented steps radically changing the principles of resource allocation in the Union. These included the recovery plan for Europe, making the EU budget conditional on respect for the rule of law and the new EU resources system. This article seeks to identify the essential characteristics of the decisions made within the Multiannual Financial Framework and define their significance for advancing integration. The study attempts to answer two questions: do these decisions mark the transition to a new stage of integration and to what extent do they comply with the law of the Union. Several EU initiatives related to debt redistribution are analysed, along with the impact of these initiatives on Eastern European countries, particularly those of the Baltic Sea region. The research explores the decisions from the standpoint of legal and political science. In particular, it is stressed that, when reaching a compromise on making the budget conditional on respect for the rule of law, the EU and its member states had to use a mechanism for postponing the execution of an act of the Union, which contradicts the basic principles of EU law. From a political point of view, the adoption of a package of legislative acts within the Multiannual Financial Framework means growing dependence of the member states and an increase in solidarity and loyalty within the Union