Large Hadron Collider as a Legal Phenomenon

Четвериков, А. О.

doi:10.17803/1729-5920.2019.149.4.151-169

Cited by 9 publications

(3 citation statements)

References 4 publications

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“…Examples of such infrastructures include the Large Hadron Collider (LHC) [7] [8], built and operated on the basis of the European Center for Nuclear Research (CERN), as well as the complex of superconducting rings on colliding beams of heavy ions NICA (Nuclotron-based Ion Collider fAcility, NICA) (hereinafter the NICA Complex) constructed and operated on the basis of the Joint Institute for Nuclear Research (JINR).…”

Section: Global Nuclear Research Infrastructure Constructed and Opera...mentioning

confidence: 99%

“…The receiving organization provides its accounts for the common and restricted funds of the collaboration and cooperating organizations, keeping their separate records. Thus, without being an independent legal entity, each collaboration exists under a "legal umbrella" [7] of the IIGO, possessing within its framework significant organizational, managerial, scientific and financial autonomy.…”

Section: Global Nuclear Research Infrastructure Constructed and Opera...mentioning

confidence: 99%

“…There are different points of view in the literature and in legal practice regarding the legal nature and validity of memoranda of understanding [7]. However, one thing is clear: being a form of organizing scientific cooperation directly between scientific organizations, they are subject to national law and they exist in the national legal environment.…”

Section: Global Research Infrastructure In the Nuclear Field Construc...mentioning

confidence: 99%

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Organizational and Legal Models of International Scientific and Technical Cooperation in the Establishment and Operation of a Global Research Infrastructure in the Nuclear Field

Kozheurov

Teymurov

2022

J. Phys.: Conf. Ser.

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The study is caused by the need to identify advantages and disadvantages of different legal forms and models of international scientific and technical cooperation (ISTC), the possibilities of their application to megascience projects on the territory of Russia. The ISTC organizational and legal model with the use of existing framework international intergovernmental organizations or legal entities under national law and with the establishment of new special subjects can be schematically represented in the form of a four-level system. The first level includes the existing legal framework used to regulate the activities of an international intergovernmental organization or the national legislation of the State where the legal entity is established. The second level is represented by the internal law of an international intergovernmental organization or a local regulatory act issued by an “umbrella” structure. The third level consists of various memoranda of understanding. The fourth level is optional and it usually includes various bilateral agreements of the organization. The advantage of using the “umbrella” type organizational legal models is preconditioned by the readiness of the majority of their instruments and mechanisms that have already proven themselves in practice – they only need to be adapted to the specifics of a particular project – and the possibility to use them to implement a significant number of projects. The establishment of a special legal entity of a project type (international or national) is necessary to ensure a precise partners’ equity participation in the implementation of the project, their financial obligations and the governance structure that depends on them. Depending on the “legal environment,” the advantages of the international intergovernmental organization model include certain benefits, immunities and privileges, exemption from the jurisdiction of the host State on a number of issues, etc. A significant advantage is that it is much more difficult to subject international intergovernmental organizations to politically motivated unilateral restrictive measures (“sanctions”). The use of the legal entity established under national law can provide greater efficiency, flexibility and low administrative costs of the process. Moreover, exceptions from national law can also be envisaged for them.

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Section: Global Nuclear Research Infrastructure Constructed and Opera...mentioning

confidence: 99%

Section: Global Nuclear Research Infrastructure Constructed and Opera...mentioning

confidence: 99%

Section: Global Research Infrastructure In the Nuclear Field Construc...mentioning

confidence: 99%

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Organizational and Legal Models of International Scientific and Technical Cooperation in the Establishment and Operation of a Global Research Infrastructure in the Nuclear Field

Kozheurov

Teymurov

2022

J. Phys.: Conf. Ser.

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Some Peculiarities of Big Data Legal Regulation in the Digital Age

Andreasyan¹,

Balyakin

Nurbina

et al. 2021

Comprehensible Science

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The paper discusses the legal features of digital economy formation. It is shown that the digitalization should be treated as a complex phenomenon, which includes both the formation of knowledge economy and the modernization of existing institutions, including the institution of law. A number of socio-economic phenomena associated with digitalization are described. The idea of eventual degradation of a number of institutions is formulated. The possible transformation of law towards its fragmentation is discussed. The risk of loss of state control over the field of law due to the high degree of commercialization of digital technologies is formulated. It is proposed to use the practice of legal regulation of megascience facilities to form a stable regulatory system taking into account the relationship between man, science, the state, society and nature. Examples of soft law and hoftlaw in the field of legal regulation of scientific activity are presented. The idea of the need for an integrated approach to the development of digital technologies is formulated. These efforts should include the development of existing institutions, taking into account the emerging risks and challenges.

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