Principles of building a new ecosystem: social, economic and legal aspects
- Authors:
- Oleg A. Trishin, Aleksandr I. Zemlin
- Work direction:
- Глава 7
- Abstract:
- The chapter provides a comprehensive international legal analysis of the impact of sanctions restrictions on the implementation of the principle of mutual recognition of transport control standards. The relevance of the study is due to the unprecedented use of technical and certification barriers as tools of geopolitical pressure, which led to the fragmentation of the global transport space. The purpose of the work is to identify legal mechanisms for violating the principle of mutual recognition and assess the adaptation strategies of states in the new conditions. The methodological basis was made up of formal-legal, comparative-legal and system-structural methods. The study found that sanctions pressure destabilizes established mutual recognition regimes in aviation, maritime and road transport, provoking unilateral revocation of certificates and denial of vehicle admission. This is contrary to basic principles of international law, such as pacta sunt servanda and freedom of transit. As an answer to the challenges, the authors analyze the process of reorientation of logistics flows and the formation of alternative legal regimes for the recognition of standards within the framework of the Eurasian Economic Union (EAEU), BRICS and SCO. Particular attention is paid to the potential of digitalization (the introduction of electronic certificates and distributed registry technologies) as a tool to minimize political risks and restore trust between jurisdictions. It was concluded that the principle of mutual recognition was being transformed from a universal technical mechanism into a tool for regional integration, requiring the development of new multilateral treaties resistant to unilateral coercive measures.
- Keywords:
- security standards, mutual recognition, transport control, international sanctions, international transport law, legal sovereignty, logistics reorientation