Shinkaretskaia G.G., Ryzhov V.B. —
// International Law and International Organizations. – 2015. – ¹ 1.
– P. 6 - 14.
DOI: 10.7256/2454-0633.2015.1.11868
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Shinkaretskaia G.G. —
// International Law and International Organizations. – 2014. – ¹ 4.
– P. 564 - 570.
DOI: 10.7256/2454-0633.2014.4.11597
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Shinkaretskaia G.G. —
// International Law and International Organizations. – 2014. – ¹ 3.
– P. 452 - 457.
DOI: 10.7256/2454-0633.2014.3.11598
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Shinkaretskaia G.G. —
What it means "to resolve a dispute in an international court"?
// International Law. – 2014. – ¹ 3.
– P. 193 - 200.
DOI: 10.7256/2306-9899.2014.3.11641
URL: https://en.e-notabene.ru/wl/article_11641.html
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Abstract: The article concerns the nature and complications of international justice. The author studies specific practices of international courts regarding resolution of international legal disputes. The author also pays attention to the issue of non-enforcement of judicial decisions of the international courts and the measures, which the international courts take in order to avoid this problem. The author writes that resolution of international legal disputes, as well as provision of consultative opinons, form the main function of the international judicial institutions. The meaning of this function is to assist normal relations between the states, and it is aimed at having a real influence upon the international relations. In the opinion of the author to resolve an international legal dispute is to restore normal neighbourly relations between the conflicting states. Law serves as means and not a goal in this process. Of course, a body resolving a dispute should not go outside the boundaries of law, but an overly formal approach towards its functions may finally lead to loss of the very meaning of its existence.
Shinkaretskaia G.G. —
Legal means of protection of the interests of the state from infringements by an international organization.
// International Law. – 2014. – ¹ 2.
– P. 46 - 63.
DOI: 10.7256/2306-9899.2014.2.11640
URL: https://en.e-notabene.ru/wl/article_11640.html
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Abstract: The article contains analysis of the capabilities of the state or its courts for challenging the acts of international organizations. If the interests of the state as such are violated, it uses organs of an organization or international judicial procedures. The tendency for challenging the activities of such an organization in the national court in cases, when the rights of citizens or legal entities are violated, is developing. However, the principle of immunity often precludes such challenges.
The author draws a conclusion that the attitude of national courts towards the acts of international organizations generally does not depend upon the attitude of state towards introduction of the international law into its legal system. The national courts generally recognize authonomy of the two systems, and sometimes they apply the same approach to the international law and to the application of foreign law. National courts have not yet developed an unified approach towards the immunity of the international organization and the need to take it into account when challenging the decisions of such an organization. The following approach is noted: while the request for review of the act of the international organization is not the same matter with the claim to this organization, where the immunity should apply at the full scale, still immunity should be considered. Nevertheless, there is recognition for the fact that formally following the idea of immunity may lead to negative consequences to the people searching for justice.
Shinkaretskaia G.G. —
// International Law and International Organizations. – 2014. – ¹ 2.
– P. 294 - 303.
DOI: 10.7256/2454-0633.2014.2.11599
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Shinkaretskaia G.G. —
// International Law and International Organizations. – 2014. – ¹ 1.
– P. 88 - 95.
DOI: 10.7256/2454-0633.2014.1.11593
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Shinkaretskaia G.G. —
Russia within integration associations: losses and acquirements.
// International Law. – 2014. – ¹ 1.
– P. 16 - 40.
DOI: 10.7256/2306-9899.2014.1.11600
URL: https://en.e-notabene.ru/wl/article_11600.html
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Abstract: The article concerns participation of the Russian Federation in the international organizations. The author states that currently no regional organization to which Russia is a party, shows real moves towards real integration, not to mention supranationality. The Eurasian Economic Community has not became an economic integration organization. It is prevented by constant disagreements among its participants and lack of respect to law, including the decisions of the EurAsEC itself. As for the Customs Union, its executive bodies are scrupulously watched by the Member States and they do not play a role of an independent functional body serving solely the interests of an international organization. The Shanghai Cooperation Organization has the most freedom, the forms of interaction among the bodies are not defined, there is no formal co-subordination, so each of them is a small independent body for the institutional cooperation. The decisions in all of the SCO bodies are made based upon consensus. It means that each of the decisions is by its nature an international treaty. The similar procedure exists in Collective Security Treaty Organization. Real legal regulation exists in the World Trade Organization, and Russia being a participant of this organization, is bound by the clearly formulated norms and rules which are agreed upon by all other participants. Participation in the WTO may not be simple for Russia, since the complicated dispute resolution procedures shall require high qualification of lawyers serving the interests of Russia.
Shinkaretskaia G.G. —
// International Law and International Organizations. – 2012. – ¹ 1.
DOI: 10.7256/2454-0633.2012.1.8507
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Shinkaretskaia G.G. —
// International Law and International Organizations. – 2011. – ¹ 3.
DOI: 10.7256/2454-0633.2011.3.5127
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