The principles of international scientific and scientific and technical cooperation in the sco, cis and asean: comparative analysis of supranational legal regulation
| Autor | Evgeniy S. Anichkin - Anton A. Vasilyev - Zhamaladen I. Ibrahimov - Egor A. Kulikov - Aleksey Yu. Rezinkin - Andrey A. Serebryakov |
| Cargo | Altai State University - Altai State University - L.N.Gumilyov Eurasian National University - Altai State University - Altai State University - Altai State University |
| Páginas | 328-359 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 |
http://periodicos.ufpb.br/ojs2/index.php/ged/index
328
THE PRINCIPLES OF INTERNATIONAL SCIENTIFIC AND
SCIENTIFIC AND TECHNICAL COOPERATION IN THE SCO,
CIS AND ASEAN: COMPARATIVE ANALYSIS OF
SUPRANATIONAL LEGAL REGULATION
Evgeniy S. Anichkin1
Anton A. Vasilyev2
Zhamaladen I. Ibrahimov3
Egor A. Kulikov4
Aleksey Yu. Rezinkin5
Andrey A. Serebryakov6
Abstract: the current development of
international scientific and technical
cooperation is constrained by a whole
range of economic and political factors.
In such circumstances, regional ties
between states are formed and
strengthened, which, among other
things, seek to consolidate efforts to
develop international scientific and
scientific and technical cooperation as
one of the main factors in the sustainable
development of the state and the
foundation for the formation of a new
and innovative type of economy. At the
1. Altai State University
2. Altai State University
3. L.N.Gumilyov Eurasian National University
4. Altai State University
5 Altai State University
6 Altai State University
same time, the legal aspects of this
sphere of cooperation tend to receive
little attention. However, differences in
national legal systems necessitate the
development of uniform and
understandable principles of legal
regulation of international scientific and
technical cooperation.
In the study, using the method of
comparative analysis, more than 20
international legal acts on the legal
regulation of international scientific and
scientific and technical cooperation,
including documents of three major
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 |
http://periodicos.ufpb.br/ojs2/index.php/ged/index
329
regional associations of states (The
Shanghai Cooperation Organization, the
Commonwealth of Independent States
and the Association of Southeast Asian
Nations), in terms of approaches to the
consolidation of principles of legal
regulation of scientific and scientific and
technical cooperation at the
supranational level, have been studied.
As a result, the authors propose a system
of principles of legal regulation of
international scientific and scientific and
technical cooperation, consisting of three
key components: general principles of
international law (lex generalis), branch
principles of international scientific and
scientific and technical cooperation (lex
specialis), and intra-branch principles of
international scientific and scientific and
technical cooperation (lex internus).
The allocation of these principles will
improve the quality of legal regulation of
scientific and scientific and technical
cooperation at the supranational level
and contribute to its further
development.
Keywords: science; cooperation;
international law; the Shanghai
Cooperation Organization; principles of
international law; regional international
organizations.
1. Introduction
The development and intensification
of scientific and technical cooperation
between states plays an important role in
addressing the global challenges facing
humanity. The development of
fundamental scientific problems and the
discovery of new technical horizons
require significant material and
organizational costs, which are
sometimes unbearable or burdensome
for one state. Combining efforts can
significantly save both the time spent on
the development of existing technologies
and the funds needed to create the
infrastructure used in large-scale
scientific researches. In addition, there is
the best minds unification to solve urgent
technical problems and promote the
results of scientific researches. Many
states are making efforts to develop
international scientific and technical
cooperation on a parity basis within the
framework of regional interstate
associations.
It should be noted that current
research covering various aspects of
international scientific and technical
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 |
http://periodicos.ufpb.br/ojs2/index.php/ged/index
330
cooperation mainly addresses economic,
social or political issues of such
interaction. At the same time, the
important role of legal regulation of
scientific and technical cooperation is
unreasonably ignored.
In this regard, the principles of legal
regulation of scientific and technical
cooperation play a significant role. They
not only lay the foundations for the
subsequent development of an
international legal framework, but can
serve as the general principles for the
national legislation of member states of
regional international organizations on
the legal regulation of scientific and
technical cooperation. In addition, the
literature on international law notes that
the principles of law act as a legal means
by which gaps that arise in the absence
of rules, governing the relevant relations
(non liquet)coo, can be addressed [1, p.
98]. First, it should be noted that there
are many gaps in the supranational legal
regulation of international scientific and
technical cooperation; consequently, the
importance of principles of such
cooperation becomes practically
important.
The qualitative development of the
system of legal regulation of
international scientific and technical
cooperation on a global scale is largely
determined by the degree of its
development at the regional level of
cooperation. It seems that the
development of a single global system of
international scientific and technical
cooperation is constrained by the
growing trend of multipolarity in the
social, economic and political spheres of
life of the world community. In such
geopolitical conditions, scientific and
technical cooperation is being developed
actively, first of all, within the
framework of regional international
organizations, uniting states on the basis
of common interests and actualization of
mutually beneficial directions of
development of science and technology.
In recent years, scientific and
technical cooperation is being actively
developed within the framework of
regional associations of developing
countries, which include such large
states as Russia and China. In the future,
the advancement of scientific and
technical partnership in regional
organizations with the participation of
these countries can compete with
Western European associations in a
similar field.
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