International legal risks are a group of risks that reflect the external impact on public administration through international regulatory factors.
Such as change, non-execution, inefficiency, inconsistency, discrepancy of the legislation and others.
These risks affect both the entire internal structure of the elements of the system under study and the associated risks and factors of their occurrence.
International legal risks are divided into:
- risk of integration of international legislation;
- the risk of international protectionism;
- risk of changing international legal instruments;
- risk of non-performance of international legal acts;
- the risk of late adaptation of international legislation to current conditions;
- risk of missing part of the international legal framework on certain issues;
- risk of ineffectiveness of the international legal framework;
- risk of inconsistency of international normative and legal acts;
- risk of contradiction between the purposes and objectives of international instruments;
- other risks related to external environmental factors.
Indicators of identification of this risk group are:
- level and structure of integration of international legal instruments;
- level of participation in the development of international instruments;
- developments in international legislation;
- frequency of actualization;
- the number (not) of effective acts;
- the level of internal inconsistency of the international legal framework;
- degree (not) of development of certain aspects;
- the level of protectionism of the international legislative system;
- other indicators for assessing the status of the international legislative framework.
Ways to evaluate international legal risks:
- study and conduct a comparative analysis of the existing international regulatory framework, including for counterparty countries;
- identification of problematic aspects;
- assessing the level of protectionism;
- identifying and assessing the extent to which the base is up-to-date;
- analysis of participation in the development of international instruments;
- control of contradictions between domestic goals and objectives in international instruments;
- identification of reasons for non-performance;
- other modern means of controlling the international legislative framework.
Methods of managing international legal risks:
- participation in the development of international legal instruments;
- monitoring the legislative activities of leading international organizations, unions, alliances;
- adaptation of international experience in the regulation of certain issues;
- development and application of measures to counter international protectionism;
- establishment of a monitoring centre for changes and deviations in the international legislative framework from domestic goals and objectives;
- finding and implementing modern methods of planning, forecasting and monitoring;
- creation of appropriate reserve funds, etc.