International Law And International Communications: Countering The Global Threat

Abstract

The article is based on the idea that the modern world is exposed to many serious threats, the effective counteraction of which is possible only through comprehensive international cooperation. The purpose of the article is to identify the role of international law and international communications in countering global threats based on an analysis of the current state of international relations and relationships. International law acts as a key regulator of all relations, ties, and interactions aimed at achieving common goals, among which international cooperation in the field of countering the global threats of today occupies an important place. International cooperation, regulated by international law, is an integral and most effective form of international communication. International communication can be implemented at different levels and in various formats. The levels of international communication depend on the status of officials representing their states and acting in their interests. The most common formats of international communication are international conferences, meetings, congresses, forums, summits. Of particular importance are international negotiations - bilateral and multilateral. As an arena for wide international communication international organizations act. The success of international communications within the framework of the activities of international organizations depends on many factors, conditions, circumstances and qualities of participants in international communication on the will of the participating states, the consistency, and openness of their foreign policy positions, and their readiness to reach a compromise.

Keywords: Global threatsinternational communicationinternational cooperationinternational lawinternational legal regulation threat counteraction

Introduction

The modern world in all its diversity, diversity and diversity of direct and indirect ties is constantly exposed to many threats, the destructive impact of which on the normal, well-established, measured life of peoples and states is very significant.

The most vulnerable area is the security sphere, it is the security threats that are most significant and require timely and close attention not only from individual states or groups of states but also from the international community as a whole. This is because modern threats have long gone beyond the national framework, have acquired a truly transnational, international scale (a vivid example is the spread of transnational crime).

Problem Statement

The public opinion of the most different countries of the world has never been overly optimistic, but now the world situation is such that many of the threats and risks that previously may have been somewhat exaggerated and in reality affected only certain regions of the world have now become a reality for the everyday life of almost all states. In this case, first of all, we mean the threat of terrorism.

But not only terrorism today threatens world security and stability: illegal distribution of narcotic drugs and psychotropic substances causes incredible damage to public health and social stability of countries and peoples, the nature and characteristics of the course of armed conflicts in the so-called "hot spots" demonstrate the violation of human rights and freedoms, such a crime as kidnapping for various purposes is still widespread, and this list of real threats and risks can be continued with other examples.

Research Questions

An analysis of the accumulated scientific experience shows that researchers are interested in the most diverse aspects of the subject. In particular, scientific interest is caused by works in which attempts are made to justify the need to develop a high level of international communication (Demidova & Kobylyanskaya, 2018), to identify the role and place of international legal information in the mechanism of international legal regulation (Mingazov, 2015), and scientific understanding of trends development of international security (Crawford & Hutchinson, 2016) and international law and order (Hagmann, 2018), as well as a deep legal analysis of domestic traditions in the context of international legal development (Dorskaya, 2016) and a comprehensive study of relevant issues of international law in general (Altwicker & Diggelmann, 2014).

In our opinion, from a research point of view, it is very important to reveal the importance of international legal regulation and various formats of international communication in countering common threats and problems that cause concern of the entire world community, which predetermined the purpose of this study.

Of course, it would be possible to essentially separate the topic that is being disclosed and consider, for example, only the question of the role of international law in countering modern global threats, which is of serious scientific and practical importance for international legal science, both domestic and foreign, and, of course, it was possible to separately study the role of international communications and the information and communication space in the reflection of key threats. However, we considered it appropriate to combine these thematic areas, as we are convinced of the serious prospects of the convergence of international legal regulation and international communication tools in the studied field.

Purpose of the Study

In this article, we set a goal to identify the role of international law and international communications in countering global threats based on an analysis of the current state of international relations and relationships. The named goal, taking into account the above research questions, involves the formulation of two main tasks:

To reveal the importance of existing formats and levels of international communication in countering modern global threats and the importance of existing international legal regulation in this area.

To consider issues of international legal regulation and problems of the international information and communication environment as interrelated and largely interdependent thematic areas.

Research Methods

Achieving this goal is based on the application of various research methods, among which the most popular is such a general scientific method of cognition as the dialectic method, which allows one to study the social relations that make up the modern reality of international life, in constantly changing conditions, in various relationships and interactions.

Also, when conducting the research, various methods were used (in a different combination), such as a descriptive method of cognizing social and legal phenomena, a systematic analysis of the key elements of the phenomena being studied in their integrity, comprehensiveness, versatility, a logical method that is used primarily in formulating copyright conclusions, etc.

Findings

Starting the presentation of the main material, first of all, we consider it necessary to state the following: if the threats identified in the introductory part become global, in other words, they have global, international coverage, then the answers to them, the counteraction to them should also be international, international, collective. We believe that understanding this circumstance is a key point in determining approaches to the studied problems. And now this is not so much a topic for public, scientific or any other discussion (which measures are more effective: collective or individual, etc.), but an urgent need. Of course, taking into account the development of international relations, their rival, and in many ways conflicting “charge,” one has to state serious problems in the field of international cooperation of states in countering the global threats of our time: unwillingness, unpreparedness, inability to negotiate is the main problem. However, it is important to understand that it is comprehensive, deep international communication and competent development and subsequent strict observance of international law that can turn the tide.

Modern realities demonstrate that states have no choice, it is necessary to negotiate in any circumstances, and sometimes even to negotiate with partners whose interaction is difficult due to historical contradictions and mutual suspicion of subjects, or because of rivalry or any other objective and subjective reasons characterizing international relations and interactions of specific states of the world.

We are convinced that international communication is a powerful resource and at the same time an effective tool for solving a wide variety of world problems. International communication, especially in the context of the rapid development of innovative technologies and the information environment, should not be neglected, it must be used for constructive purposes so that countering global threats is more effective and, importantly, real, and not declarative.

International communication as a phenomenon exists, perhaps, as long as the relations between peoples and states. The variability and constant modification of international communications are obvious: over time and changes in public life, the methods, and means of international communications have changed, different degrees of intensity of international communication have been observed in various historical periods in different regions of the world, moreover, international communications have not always been positively charged aimed at mutually beneficial cooperation, mutual assistance and had, as they call it, a "spirit of cooperation", sometimes communications at the international level were distinguished by a pronounced conflict character. But one thing remains unchanged: the demand for international communication and international interaction.

The issues of international communication in domestic jurisprudence are receiving more and more attention. For example, through collective efforts, topical issues of intercultural communication and international law are studied (Actual issues of intercultural communication and international law, 2010), also, in the context of globalization and the problems and threats that are inextricably linked with it, communication is considered as a constitutive feature of the state (Osvetimskaya, 2014).

In the context of the issue we are considering, the international cooperation of states is of key importance, primarily at the universal (global) level, as well as at the regional or bilateral level. Cooperation is unthinkable without communication, communication, but it can be effective only when it is characterized by orderliness, organization and is based on certain established rules of behavior. In the field of international relations, such rules are contained in the norms of international law, without which there can be no international cooperation of states and peoples in any field, including international security and counteraction to global threats of our time. The basis of cooperation is the fundamental principles of international law, known as the principles of international law.

The peculiarity of international legal norms lies in the fact that they are created by the very subjects of international law, the main of which are, first of all, states. The will of states, their willingness to take on certain obligations, the position that they adhere to in the process of creating such an important international legal source as an international treaty is also crucial for international communication in general, and often for a very long period. The stability of the state’s position in the process of international communication is a matter of constant concern to partner states since the situation in which a particular state is ready to change its foreign policy line too often complicates international relations and interactions very significantly.

International communication can be implemented at different levels and in various formats. The levels of international communication, as a rule, depend on the status of participating officials representing their states, namely: the level of heads of state, heads of government, heads of ministries and foreign affairs agencies, heads of other relevant ministries. Over a long period of time and the historical development of international relations, communication through diplomatic channels has gained wide authority. As for communication formats, such formats as international conferences, meetings, congresses, forums, summits, and many others are very common in modern conditions. Of particular importance are bilateral and multilateral negotiations on a variety of issues, including the peaceful settlement of local armed conflicts, countering transnational crime (Esenov, 2017), preventing a terrorist threat (Hagmann, 2013), countering the spread of illegal migration (Bektas, 2017) and so on.

An important arena for international communication is not only international conferences, but also international organizations (and even more so) as associations of states acting not on a temporary, but permanently, which gives the relations and contacts being implemented more stability due to those international obligations which, being enshrined in an international treaty establishing an international organization, bind all States parties. Indeed, many results obtained in the framework of broad and regular international cooperation have been achieved precisely under the auspices of an international organization of a universal or regional nature, general or special competence. This once again confirms the fact that the law of international organizations is currently one of the most developed branches of international law.

The success of international communications within the framework of the activities of international organizations depends on the will of the participating states, the consistency and openness of their foreign policy positions, as well as the ability to compromise in cases where this is possible and does not prejudice the national interests of the state. We believe that a reasonable balance between upholding national interests and compliance with international security obligations is an important condition for effectively countering global threats of our time.

The issues of protecting and upholding national interests and their relationship with international obligations are reflected not only in socio-political discourse but also in scientific discourse (Filippov, 2015).

Studying international communication and its importance in overcoming the destructive and dangerous phenomena of international life, it is important to note the global influence that such a resource as information has in modern realities. And in this case, we have in mind not only the media acting on a professional basis, although, of course, their influence is very significant, but also the information and communication capabilities that are widely used by various actors (actors) in different countries of the world in their goals and in accordance with their own motives. In addition, the phenomenon of info-war has become a reality in modern international relations, ties, and interactions. Until recently, this term was used very carefully, prudently, in official texts enclosing this phrase in quotation marks, but now it’s already understood that this phenomenon is quite real and it is impossible to deny its existence (no matter how we call this phenomenon, it’s obvious that the information really there is a certain aggressive charge designed to affect specific recipients). These circumstances complicate positive international communication, which could be more effective if the information and communication resource was used only (or, at least, mainly) for constructive purposes.

The same should be said about the impact of "soft power", the existence of which is also now less and less disputed and increasingly recognized. In general, “soft power” in all its manifestations is unthinkable without international communications. Moreover, the information and communication space is largely the basis for the operation of "soft power".

Information counteraction to various threats, including the threat of terrorism (Polikarpov et al., 2016), as well as cybersecurity issues (Maimon & Louderback, 2019), studied comprehensively and precisely in the context of the analysis of global threats (Jabbarova, 2017), are increasingly becoming subject of research.

However, as noted above, it should be noted that the interaction of states, even with the most competent and thoughtful use of the information and communication environment, is impossible without legal foundations, since only international legal regulation can fill all actions and communications with specific, strictly established content.

Of particular importance are international legal norms in the field of countering international crimes and crimes of an international nature, mutual assistance in criminal matters, protecting human rights in times of peace and situations of armed conflict, as well as establishing regimes for certain territories, border protection, and certain types of regulation international activities, including various kinds of prohibitions and restrictions, the purpose of which is to jointly protect and protect specific objects or categories of persons, etc.

As we have already noted, the transnational, global scale of threats requires an international, comprehensive counteraction, and therefore most of the international legal sources on countering terrorism (Hagmann, 2013), extremism (Baisagatova et al., 2016), illegal drug and psychotropic substance trafficking, large-scale and systematic violations of human rights and freedoms, maritime piracy (Sergi & Morabito, 2016), crimes against environmental safety and many other very real threats to the modern world are universal.

We note separately that more and more attention is currently being paid to the study of the role of international intergovernmental organizations in countering global challenges and threats in the environmental sphere (Naurazbaeva, 2019).

Moreover, the role of regional international legal regulation should also not be underestimated, since in some cases it is regional cooperation and communications at the level of a particular region that are the main conditions for achieving goals and real results.

Conclusion

A generalization of the above allows us to draw a number of conclusions.

1. The international cooperation of states at various levels, which cannot exist without international communication, is of great importance for effective and coordinated counteraction to global threats of our time.

2. International communication in the time of rapid development of innovative technologies and the information environment is a powerful resource and an effective tool for solving global problems and repelling threats, and therefore it should be used to the maximum for constructive purposes.

3. International communication is changeable and objectively subject to constant modifications over time and taking into account changes in the social life of the countries of the world, and changes that are far from always positive, and sometimes negative, associated with conflict interaction.

4. All areas of international cooperation and all international communications conducive to such cooperation should have a certain orderliness, organization and be based on clearly defined rules of conduct enshrined in international law.

5. In essence, only international legal regulation is capable of filling all actions of states directed against global threats with concrete content, and international legal norms in the field of counteracting international crimes and crimes of an international nature in all their diversity are of particular importance.

6. The levels of international communication depend on the status of the entities participating in it, while the formats can be very different, including international negotiations for the peaceful settlement of armed conflicts, combating crime, etc., also, international conferences are a very important arena for international communication.

7. The leading role in international communications currently belongs to international organizations acting based on international law, and the success of international communications within the framework of the activities of international organizations depends on the will of the participating states, the sequence of their foreign policy positions, and good faith in fulfilling international obligations, arising from the norms of international law dedicated to countering the global threats of our time.

In conclusion, we consider it necessary to once again focus on the fact that for truly effective, well-coordinated actions of subjects of international law and actors of international relations, at all levels, in all formats, in all areas of cooperation aimed at preventing, overcoming, countering global modern threats, coming from different "sources" and occurring for very different reasons, it is important to have the appropriate will and verified position of the subjects, as well as legal and material and technical resources.

In other words, the material and intangible (political) capabilities of the modern world, used together strategically and tactically competently, can produce tangible results, and then the role of international law and international communications in countering the global threats of our time will become real, not declared, as unfortunately, it often happens now.

References

1. Actual issues of intercultural communication and international law. (2010). In O. E. Lomakina (Ed.). Volgograd scientific publishing.
2. Altwicker, T., & Diggelmann, O. (2014). How is Progress Constructed in International Legal Scholarship? European Journal of International Law, 25(2), 425-444.
3. Baisagatova, D. B., Smagulova, D. A., Kozhamberdiyeva, A. S., & Kemelbekov, S. T. (2016). Correlation of Concepts "Extremism" and "Terrorism" in Countering the Financing of Terrorism and Extremism. International Journal of Environmental and Science Education, 11(13), 5903-5915.
4. Bektas, A. (2017). Administrative and Legal Counteraction to Illegal Migration: International Experience. Journal of Advanced Research in Law and Economics, 8(5), 1489-1495. https://doi.org/10.14505/jarle.v8.5(27).11
5. Crawford, A., & Hutchinson, S. (2016). The Future(s) of Security Studies. British Journal of Criminology, 56(6), 1049-1067. https://doi.org/10.1093/bjc/azw070
6. Demidova, Е. А., & Kobylyanskata, A. I. (2018). The role of international law and the need to develop a high level of intercultural communication in jurisprudence. In A. A. Sukiasyan (Ed.). Problems of interaction between science and society. Collection of articles of the International Scientific and Practical Conference, September 17, 2018, Volgograd (pp. 92-95). OMEGA SIGNS.
7. Dorskaya, А. А. (2016). Legal traditions of Russia in the context of national and international legal development. Bulletin of the Russian Foundation for Basic Research. Human & social sciences, 3(4), 91-108.
8. Esenov, D. (2017). Reasons of Destructive Law-Enforcement Practice, Way of Solution: Questions of Implementation of Experiment of the Leading Foreign Countries of the Prevention of Transnational Organized Crime in the Criminal Legislation. Journal of Advanced Research in Law and Economics, 8(5), 1508-1516. https://doi.org/10.14505/jarle.v8.5(27).14
9. Filippov, A. F. (2015). National interests & international law. Russia in global politics, 13(4), 162-172.
10. Hagmann, J. (2013). Representations of Terrorism and the Making of Counterterrorism Policy. Critical Studies on Terrorism, 6(3), 429-446.
11. Hagmann, J. (2018). Securitisation and the Production of International Order(s). Journal of International Relations and Development, 2(1), 194-222. https://doi.org/10.1057/jird.2016.18
12. Jabbarova, K. F. (2017). Modern aspects of cybersecurity in the world in the context of global threats. Azimuth of Scientific Research: Economics and Management, 2(19), 323-326.
13. Maimon, D., & Louderback, E. R. (2019). Cyber-Dependent Crimes: An Interdisciplinary Review. Annual Review of Criminology, 2, 191-216. https://doi.org/10.1146/annurev-criminol-032317-092057
14. Mingazov, L. H. (2015). The role and place of international legal information in the mechanism of international legal regulation. Eurasian Law Journal, 7(86), 31-36.
15. Naurazbaeva, А. А. (2019). The role of universal and special international intergovernmental organizations in countering global environmental challenges and threats in the field of ecology. Scientific and practical research, 8(23), 125-127.
16. Osvetimskaya, I. I. (2014). Communication as a constitutive feature of the state (in the context of globalization). News of higher educational institutions. Jurisprudence, 6(317), 118-127.
17. Polikarpov, V. S., Kotenko, V. V., Polikarpova, E. V., & Rumyantsev, K. V. (2016). Countering the threats of terrorism in the global world. Southern Federal University Press.
18. Sergi, B. S., & Morabito, G. (2016). The Pirates’ Curse: Economic Impacts of the Maritime Piracy. Studies in Conflict and Terrorism, 39(10), 935-952.