Question at hand
Reference:
Savryga K.P.
Extraterritorial use of force against non-state actors in international law
// International Law and International Organizations.
2016. ¹ 3.
P. 282-295.
URL: https://en.nbpublish.com/library_read_article.php?id=68158
Abstract:
Right of states to use force in international law is one of the most controversial and important question in public international law. Despite the general prohibition on use of force expressed in the Article 2 (4) of the UN Charter, there are many disputes about the actual scope of the prohibition and possible justification. It is obvious that the legal rules must adapt to the contemporary challenges faced by international community to provide convenient and legitimate solution which would not contradict the current international legal order. In this article the author considers the question of extraterritorial use of force against non-state actors. Analyzing legal norms and doctrinal position that has fully developed by the end of the XX century and their development after the events of September 11 and threat of global terror faced by international community, author comes to the conclusion that the current legal norms and legal doctrine recognize the right of states to use force extraterritorially against non-state actors.
Keywords:
war on terror, terrorism, extraterritorial use of force, self-defence in international law, non-state actors, use of force, right to self-defence, international security law, international law, international terrorism
Question at hand
Reference:
Ponamorenko V.E.
Virtual currencies in understanding of the international organizations and national jurisdictions
// International Law and International Organizations.
2016. ¹ 3.
P. 296-302.
URL: https://en.nbpublish.com/library_read_article.php?id=68159
Abstract:
The subject of this research is the notion “virtual currencies” which is being viewed from the positions of international organizations, as well as from the side of the regional integration unions and national jurisdictions. The term virtual currencies is new to the scientific and legislations and requires the theoretical understanding and comparison with the adjacent notions of the theory of money. The article analyzes the positive aspects of the virtual money (their role in the financial system as a financial innovation), as well as their threat to the economic security of the state and region (on the example of the Eurasian Economic Union). The methodology of the research is based on the principles of complexity and methodological pluralism, and also includes the method of legal comparative study, systemic approach, and formal legal method. The scientific novelty of this work consists in comparison of the international legal and national approaches towards the definition of virtual currencies, their interaction with the similar notions of the electronic and digital money, as well as description of the role of virtual currencies in performing the illegal financial transactions as a negative factor of their proliferation and functionality. The main conclusion lies in the need for legalization of the notion of virtual currencies on the national level (Russian Federation) and the level of the regional integration union (Eurasian Economic Union). At the same time, the author believes that in determination of the legal regime for such currencies, it is better to avoid the most liberal positions along with the extremely restrictive positions.
Keywords:
cryptocurrency, bitcoin, OECD, IMF, FATF, EAEU, AML/CFT, e-money, virtual currencies, digital currencies
Theory
Reference:
Bogatyrev V.V.
International legal inclusion of Russia into the modern world order from the perspective of the constituent composition of the Russian Federation
// International Law and International Organizations.
2016. ¹ 3.
P. 303-320.
URL: https://en.nbpublish.com/library_read_article.php?id=68160
Abstract:
This work demonstrates the international legal inclusion of Russia in the modern world order in terms of the subject composition of the Russian Federation. The involvement of the Russian Federation into a universal international legal space destined to the sovereign State of the existence of the country. The postulate of a unified system of state power in the parameters of the rule of authority throughout the spatial extent of the Russian Federation and independence in the international arena, which is justly stated by the scholars and experts of international judicial and arbitral authorities, establishes a clear format of the subject perception of the concept of "state sovereignty". International legal positioning of the Russian Federation as a bona fide member of the system of modern international relations is indicated in the format of the state with the characteristic to it legal capacity. In its national status, the Russian Federation has such intrinsic element as the international legal personality: a combination of rights and responsibilities with the simultaneous existence of the actual legal opportunity to protect for ensuring its subjective rights and legal interests. In this regard, the international legal personality of the Russian Federation completely meets the general at the universal level standards of the doctrinal perception of the notion “international legal personality”. The author determines that the international legal importance of the contribution of the Russian Federation into the support of the modern legal order manifests in execution of the entire frame of international obligations based on the good faith principle, as well as in strengthening of the International Court as the main judicial authority of the UN and provision of the integrity of the universal system of international security.
Keywords:
Globalization, Legal standards, Government authority, Nation, Sovereignty, Independence, International legal personality, Constituents of the Russian Federation, International normative system, Russian Federation
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Yuldasheva G.
Transformation of the diplomatic and consular functions at the modern stage
// International Law and International Organizations.
2016. ¹ 3.
P. 321-333.
URL: https://en.nbpublish.com/library_read_article.php?id=68161
Abstract:
This research is dedicated to the questions of transformation of the traditional diplomacy and consular functions at the modern stage. The author analyzes the following factors which affect the changes in the aforementioned sphere: increase of public control over the diplomatic and consular activity of the nations due to the modern opportunities of mass media and expanding onto the international arena of nongovernmental structures participating in the diplomatic negotiations; influence of the technological progress upon the transformation of the traditional diplomatic functions; emergence of the new actors of international relations realizing the new forms of diplomacy; as well as the modern trends of transformation of the consular functions through the prism of the new challenges associated with such phenomena as natural disasters, civil wars, multiple citizenship, international employment, sex tourism, human trafficking, etc. At the present time diplomatic and consular relations gain the status of a complicated and global phenomenon. The examination of these factors allowed making a conclusion that the current system of norms of the diplomatic and consular law is imperfect and does not meet the modern requirement, thus it substantiates the need for improvements of the existing norms of the diplomatic and consular law.
Keywords:
partnership, technological novelties, communication novelties, counsular affair, counsular service, counsular functions, diplomatic functions, diplomatic service, diplomatic norms, diplomacy
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Zhudro I.S.
Boundaries of the Russian Arctic sector: the question of applicability to delimitation of the continental shelf in the Arctic
// International Law and International Organizations.
2016. ¹ 3.
P. 334-343.
URL: https://en.nbpublish.com/library_read_article.php?id=68162
Abstract:
The subject pf this research is the problem of determination of the continental shelf boundaries in the Arctic Ocean. The author compares the two main approaches towards the solution is problem, which are present in the Russian and foreign expert communities, as well as the assessments of the international legal regime of the Arctic Ocean. The author believes that the core of the controversies in the expert assessments lies in the fact of establishment within the international legal regime of the Arctic Ocean of such international custom as the polar sector: in the first case – dialectical approach that accepts this custom, and in the second case – metaphysical approach that denies this custom. Under the modern factor, the evolutionary transformation of the international legal regime of the Arctic Ocean represents a new subject of the scientific examination, which allows enriching the theory of formation of the legal institutions, as well as acquire new knowledge about them. The studied theoretical questions attains specifically practical sense in the context of the relevant problem of delimitation of the Arctic shelf: the approach that rejects the sectoral custom, suggests the creation of the “common heritage of humanity” in the center of the Arctic ocean floor; as well as it meets he political vector of NATO and EU and does not correspond the national interests of the Russian Federation. And on the contrary, the approach that accepts this custom allows respecting the national interests in delimitation of the Arctic Ocean floor.
Keywords:
common heritage of mankind, International Seabed Authority, Commission, sectoral method, delimitation, Continental shelf, International Customs, The Arctic Ocean, International legal regime, method of meridian lines
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Reference:
Nikitin V.V.
Structural departments of the foreign commercial organizations in the Russian Federation
// International Law and International Organizations.
2016. ¹ 3.
P. 344-354.
URL: https://en.nbpublish.com/library_read_article.php?id=68163
Abstract:
This article examines the questions of lawfulness of the activity of the foreign companies in the Russian Federation without accreditation of the branches and representative establishments. The subject of this research is the succession of practical steps necessary for realization of legitimization of the systemic commercial activity of foreign organizations in the Russian Federation depending on the various circumstances and vectors of business. The author examines multiple aspects of the notions “branch” and “representative establishment” based on their sectoral and legal affiliation. The subject area of the research includes the changes in legislation pertaining to the foreign investments in the Russian Federation since 2014. The notions of branch and representative establishment vary on their interpretation in civil law, investment law, and tax law. Despite the presence of a branch or representative office, all of the deals conducted by the foreign commercial organization remain valid, and the organizations themselves preserve the right to sue and be a defendant in court. The low level of legal technique that allows the multiplicity of interpretations is characteristic to the normative acts regulating the examined topic.
Keywords:
foreign investments, transactions, legal capacity, representative office, branches, foreing companies, construction, commercial activity, commercial law, legal technique
NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Reference:
Goryan E.V.
International legal and national mechanisms of ensuring the rights of the migrant housewives
// International Law and International Organizations.
2016. ¹ 3.
P. 355-370.
URL: https://en.nbpublish.com/library_read_article.php?id=68164
Abstract:
The object of this research is the relations emerging in ensuring the rights of the migrant housewives. The author analyzes the international legal and national mechanisms of ensuring of the rights of migrant housewives, as well as determine the vulnerable aspects in the legal regulation of relations with their participation. Special attention is given to the international labor standards of provision of the rights of the migrant housewives, as well as foreign experience on this matter. The characteristic of housework, which define the complexity of providing the right of the female migrants, are being highlighted. The author explores the institutional mechanisms of ensuring the rights of the female migrants, as well as reveals the flaws of the normative regulation of labor relations. The international labor standards set the minimal volume of rights that musts me provided by each state. In the developed countries, the national mechanisms of ensuring the rights of the migrant housewives include the labor unions and public organizations of religious and cultural nature. The important guarantee of ensuring the rights of the female migrants is the developed by the labor unions typical labor agreement that stipulates the specificity of the housework.
Keywords:
international organisation, national mechanism, discrimination, rights of children, rights of women, international labor standards, human rights, nongovernmental organisation, labor union, migration
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Zanko T.A.
Change of the legal status of the Extraordinary and Plenipotentiary Ambassadors of the Russian Federation
// International Law and International Organizations.
2016. ¹ 3.
P. 371-376.
URL: https://en.nbpublish.com/library_read_article.php?id=68165
Abstract:
The article covers the changes of the legal status of the Extraordinary and Plenipotentiary Ambassador of the Russian Federation's in the context of the adoption of the Federal Law of June 23, 2016 ¹ 186-FZ "On the Extraordinary and Plenipotentiary Ambassador of the Russian Federation in a foreign country, and the Permanent Representative (Representative, Permanent Observer) of the Russian Federation to the international organization (in a foreign country)". In particular, the organizational and legal preconditions for the adoption of the Federal Law, as well as the additional state guarantees provided to Ambassador Extraordinary and Plenipotentiary of the Russian Federation are analyzed.The study uses the legal, functional, comparative and historical methods, that provide a comprehensive study of the issues of changing of the legal status of the Extraordinary and Plenipotentiary Ambassador of the Russian Federation.The analysis revealed that the adoption of the Federal Law ¹ 186-FZ marked another significant milestone in the development of legal regulation of the foreign service, emphasized the special status and role of the diplomatic staff within the system of public administration, created the conditions for the development of human capacity of the Ministry of Foreign Affairs of the Russian Federation.On the Extraordinary and Plenipotentiary Ambassador of the Russian Federation
Keywords:
Public position, Permanent representative, Ambassador, Diplomat, Ministry of Foreign Affairs of Russia, Government service, Diplomatic service, Embassy, Permanent Mission, Diplomatic rank
XXI century International law
Reference:
Zhelin'ska E.
Council of Europe Convention on preventing and combating violence against women and domestic violence; its general evaluation and the importance of membership of the Polish Republic
// International Law and International Organizations.
2016. ¹ 3.
P. 377-391.
URL: https://en.nbpublish.com/library_read_article.php?id=68166
Abstract:
This article examines various questions pertaining to the Council of Europe Convention on preventing and combating violence against women and domestic violence. In particular, the author reviews the process of development of the aforementioned act, its structure, main positions, and other aspects. The work also studies the fundamental definitions used by this act (the notion of domestic violence, gender, as well as criminal qualification of the domestic violence). The attention is focused on the comparative-legal and formal-legal methods of research. This act of the Council of Europe is yet to be examines within the Russian juridical science, which substantiates the relevance and novelty of this work. The author is also interested in the experience of implementation of the normative documents of the Council of Europe into the national legal order of Poland, as well as the law enforcement aspect of the material. The scientific novelty consists in examination of the questions of development of this act, its genesis and the influence of the positions of various states upon the establishment of this legal text.
Keywords:
Law enforcements, Development, Protection of women, National law, Membership, Implementation, Poland, Domestic violence, Convention, Council of Europe