The article is dedicated to sanctions as a tool for enforcing international legal obligations. In particular, some issues of their implementation at the national level are considered. The author analyzes the recent practice and legislation of the US, the EU, Canada and Ukraine. The choice of these actors is explained by their active participation in sanctions imposed on the Russian Federation in relation to its invasion of Ukraine. The main purpose of the study is to make a comparative analysis of national regulations in order to make recommendations for the improvement of the Law of Ukraine «On Sanctions» under which the sanctions on the Russian Federation and their residents are imposed. The publication considers such questions as the definition of sanctions or restrictive measures as they are often named, the grounds of their adoption, their types and enforcement. The last aspect is of great importance due to the fact that private companies often try to evade sanctions because for them sanctions mean restriction of their economic activities and, consequently, financial loss. In this regard the enforcement practice of the US is very useful and can be considered to be an example to follow for Ukraine and even for the EU. At the same time a very broad basis for US sanction imposition poses the question of their lawfulness both through the prism of international economic law and international human rights law. In this connection it is suggested that Ukraine should have a reasonable and more logical approach to the formulation of grounds for sanctions adoption that would be more consistent with the legal positions of other states applying sanctions in order to enforce international law.
The article is dedicated to crypto-assets regulation both at the international level and at the national level in Ukraine. It presents a comparative analysis of the Law of Ukraine on Virtual Assets adopted in 2022 and the FATF Recommendations relating to Virtual Assets and Virtual Asset Service Providers. Even though a general congruence of these acts is shown, the publication concludes that the Law of Ukraine, pending its entry into force, is already partly outdated due to a fast development of the crypto assets market and technologies. In this regard the 2021 FATF Updated Guidance for a Risk-Based Approach to Virtual Assets and Virtual Asset Service Providers and the 2023 EU Markets in Crypto-assets Regulation should be taken into account.
The publication is devoted to the issue of the international legal regime of outer space. The author attempts to determine the optimal model of international legal regulation for relations regarding the utilization of outer space and its resources. The basic international legal regimes applied to areas outside the exclusive national jurisdiction are studied. The main attention is paid to the regimes of res nullius, res communis, and the principle of the common heritage of mankind. The current international legal regulation of outer space exploration and utilization activities is analyzed through the prism of these regimes, as well as in the context of the category of global commons, which often includes outer space. It is emphasized that the mentioned category, although widely used in modern scientific legal discourse, is not clearly defined. Given that the concept of public goods has received a special development in economic theory, it is proposed to take into account the economic properties of such goods in developing regimes for their legal regulation. The peculiarities and complexity of outer space utilization relations as an object of legal regulation are identified. In this regard, a comprehensive and complex international legal regime that combines elements of res nullius, res communis, and the common heritage of mankind in relation to the objects of outer space with different natural and, consequently, economic properties should be elaborated. In addition, the latest trends in national and international law-making related to the formation of a legal regime for the extraction of celestial bodies resources and the commercialization of these activities are analyzed. Their influence on the international legal regime of outer space and tendencies of its future evolution is determined. The importance of a balanced national approach to a new legal regulation of space resources commercial development is emphasized.
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