Question at hand
Reference:
N. Abedinpour
Regards on Tuvalu — Thoughts
on State responsibility and climate changes.
// International Law and International Organizations.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57666
Abstract:
In the Kyoto Protocol (1995) to the UN Framework
Convention on Climate Change (1992) State-parties
agreed on targets for the emission of greenhouse
gasses (GHGs). This article involves analysis of hypothetical
possibilities of lawsuit in ICJ for Tuvalu,
which is a tiny island state in the Pacifi c Ocean that
has ratifi ed the Kyoto Protocol, and that is a UN
Member State. Tuvalu, which is expected to sink by
2050 is an obvious example of the real dangers of
the GHGs.
Keywords:
jurisprudence, international law, ecology, Kyoto Protocol, climate change, greenhouse gas, compensation ICJ
Theory
Reference:
Chernyshov, D.N.
Legal nature of international
lease of state territory
// International Law and International Organizations.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57667
Abstract:
This article is devoted to a variety of topical issues,
which are devoted to establishing the legal nature
of of international lease of state territory. In this
article, the author includes historical analysis of
various ways of acquainting territorial sovereignty.
Much attention is paid to the position of the ICJ on
this problem. The article also includes analysis of
international legal aspects of lease of state territory
in the post-Soviet area.
Keywords:
international law, law of international conventions, territory in international law, territorial superiority, sovereignty over territory, international lease of state territory, territorial disputes, the ICJ, non-recognized states, Russia.
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Shepenko, R.A.
Renegotiation and termination
of the tax agreement.
// International Law and International Organizations.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57668
Abstract:
An international convention, which includes tax
provisions, has a traditional living cycle of a regular
contract. First stage is its conclusion, the second
stage is its implementation, the third stage is its renegotiation, and the fourth stage is its termination.
The fi rst two stages are subject to much scrutiny
among international legal scholars, including those
specializiging in taxes. But the same cannot be said
of third and forth stages. That is why they are of
interest to the author.
Keywords:
international law, taxation, renegotiation, termination, terms, contract, protocol, note, WTO, GATT
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Kuzmenkov, S.Y., Botvinov, M.A.
Key problems
of and perspectives of international nuclear law.
// International Law and International Organizations.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57669
Abstract:
The article is devoted to analysis of problems and
perspectives of international nuclear law. The article
includes characteristics and analysis of key institutions
of this branch of international law. The authors
also pays attention to the key historical events, which
serve as a base for the formation of the international
nuclear law, as well as to the current situation in the
nuclear industry.
Keywords:
international law, international nuclear law, IAEA, Euratom, nuclear harm, responsibility for nuclear harm, Zangger Committee, export of nuclear materials, nuclear emergency, nuclear arms
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
À.Röhricht
Strafrecht als Instrument staatlicher
Lenkung im internationalen Kontext
// International Law and International Organizations.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57670
Abstract:
The state implements government by various means,
and criminal law is one of these means. The state
defi nes the protected values and social and legal interests,
which are worth by protection by criminal law.
Both international and national law may be used for
this purpose. The problem of formation of effi cient international
criminal law is due to the fact that there is
no unifi ed approach to the matter of which values and
interests should be so protected. German theory of social
values protected by criminal law has to deal with
these diffi culties, and it may do so only by establishing
the social value of value, the need for its protection
and control by the state. The article includes detailed
analysis of these theoretical problems of formation of
the effi cient international criminal law, analyzes the
conclusions based on German and Russian legislation,
as well as based on position of the USA.
Keywords:
criminal law, international law, Rome Statute, protected values, supranational law, comparative law, means of waging war, aggression, terrorism, environment, mercenary.
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Aleshin, V.V.
Methodological and legal issues
of international law of armed confl icts.
// International Law and International Organizations.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57671
Abstract:
The article is devoted to the key approaches to the
terms “war”, “law of armed confl icts”, “international
humanitarian law”. The author provides the
grounds for the term “law of armed confl icts”, studies
illegal nature of the doctrine of military necessity,
provides the sources of law of armed confl ict.
Keywords:
international law, international law of armed confl icts, international humanitarian law, conventions, international relations, sources, principles, victims of war, war, military necessity
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Reference:
Erpyleva, N.Y.
International organizations
and formation of sources of international private
law.
// International Law and International Organizations.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57672
Abstract:
The article is devoted to the key international organizations
in the sphere of formation of sources of
international private law, that is the Hague Academy
on International Private Law, International Institute
of Unifi cation of Private Law, the UN Commission on
the International Trade Law, and the International
Chamber of Commerce. Much attention is paid to
modern sources of the international private law, such
as international agreements, international customs and
national legislation. The author includes into this article
her analysis of role and infl uence of international organizations
on the formation of the structure of modern
private law within the context of its sources.
Keywords:
international law, sources, legislation, agreement, custom, precedent, body, organizations, state, court
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Reference:
Zenkovich, D.I.
Legal grounds for the functioning
of the international commercial arbitration in
Russia and in Poland
// International Law and International Organizations.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57673
Abstract:
The article includes analysis of sources of legal
regulation of international commercial arbitration
in Russia and in Poland. The author pays attention
to both internal and international sources, as well
as to the differences in legal regulation of the issues
in question in each of these states.
Keywords:
international law, arbitration, hearing, Poland, arbitral tribunal, Rules, ICAC, Convention, contract
LEGAL BASES OF THE UN, ITS KEY AND SUPPORTING BODIES
Reference:
Svininykh, E.A.
On the provisions of Art. 76 of
the UN Convention on Maritime Law of 1982.
// International Law and International Organizations.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57674
Abstract:
In 2001 the Russian Federation addressed the UN
Commission on Continental Shelf with the request
for broadening of its continental shelf. This request
is still being considered. This article is devoted to
some topical issues in the sphere of interpretation
of the Art. 76 of the UN Convention on Maritime
Law of 1982. Much attention is paid to analysis of
provisions, which are devoted to establishing the
outer borders of the continental shelf beyond the 200
maritime miles.
Keywords:
jurisprudence, continental shelf, the UN Convention on Maritime Law of 1982, international maritime law, coastal state, international legal regulation, bordering, application, maritime border, the UN Commission on Continental Shelf.
LEGAL BASES OF THE UN, ITS KEY AND SUPPORTING BODIES
Reference:
Sazonova, K.L.
The superpower states and the
peacemaking of the UN.
// International Law and International Organizations.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57675
Abstract:
The article is devoted to the topical issue of the
peacemaking activities within the framework of the
UN convention. Much attention is paid to the role of
the so-called „superpower states“ within the structure
of this organization, the author provides both
the historical retrospective and the analysis of the
modern meaning of this term, as well as analysis of
the activities of the states, which are permanent part
of the Security Council of the UN in the sphere of
protection of peace and peacemaking.
Keywords:
political science, UN, Security Council, peacemaking, superpower states, politics, peacemaking operations, veto, international organizations, international confl icts and disputes.
International courts
Reference:
Sultanov, A.R.
Legal consequences of the
Decisions of the ECHR in the civil procedure.
// International Law and International Organizations.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57676
Abstract:
This article is devoted to the issue of procedural effect
of the Decisions of the ECHR, pays attention to
various approaches of the legislator to the Criminal
and Arbitration Procedural Codes of the Russian
Federation, lack of mention of procedural consequences in the Civil Procedural Code of the Russian
Federation. As the author points out, the procedural
codes have blanks and gaps in this sphere, and the
complete reflection of procedural consequences
leads to greater level of protection of human rights
by national means, so the author analyzes the issues
on possibilities for a complex law on implementation
of decisions of international bodies.
Keywords:
international law, ECHR, implementation of the Decisions of the ECHR, newly found circumstances, reopening the cases, review of the decisions, which are already in force, protection of human rights, civil process, procedural effect.
International organizations and peaceful resolution of disputes
Reference:
Kotov, A.S.
International public legal regulation
of investment disputes.
// International Law and International Organizations.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57677
Abstract:
As the author points out, the legal regulation of
international investment disputes between a state
and a foreign investor is a complex issue, since such
disputes are regulated by both private and public law,
both by national and international law. This article
includes analysis of the bases of international public
law regulation of investment disputes.
Keywords:
jurisprudence, law, dispute, international, arbitration, investor, contract, convention, investments, regulation.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
M. Mandelbaum
Overview of the
REGULATIONS (EC) about Procedure concerning
European Order for Payment and European
Small Claims
// International Law and International Organizations.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57678
Abstract:
Regulation ¹1896/2006 of the European Parliament
and Council on the European Order for Payment is applied
to civil and commercial disputes since December
12, 2008. The aim of this Regulation is to provide a
simpler and faster procedure for dispute resolutions and to lower the judicial costs on transborder cases.
The object of such an Order may only be monetary
claims (with no limit as to amount) of claimant to
respondent. The Regulation ¹861/2007 of the EU
Parliament and Council on European Small Claims is
in force since January 1, 2009.The key difference between
this procedure and the Order for Payment procedure
is that the claims are not limited to monetary
issues, and the maximal sum of claim is limited to 2000
Euros. Both Regulations include judicial procedure
with standard blanks for claimant and respondent,
which simplify dealing with the dispute.
Keywords:
EU Parliament, The EU Council, Order for Payment, small claims, judicial procedure, monetary claims, claimant, respondent, the EU.
Sources used
Reference:
Rednikova, T.V.
Legal regime of territorial
protection of the marine environment (review).
Kalenchenko, M.M. Legal regime of territorial
protection of marine environment. Ed. By
O.L. Dubovik,Moscow, “Gorodets” Publishing
House, 2009 – 208 p.
// International Law and International Organizations.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57679
Abstract:
The article includes the review of the book by
Kalenchenko, M.M. Legal regime of territorial protection
of marine environment. This book includes
analysis of various approaches towards the territorial
protection of marine environment, as applied
by some foreign states and organizations, problems
and the ways to solve them and implement the international
practice by creating specially protected
nature preservation territories. The book includes
analysis of the bases of international legal regime
of marine territories, of international agreements,
which include mechanisms for the territorial protection
of marine environment.
Keywords:
international law, regime, territory, protection, sea, resources, jurisdiction, agreements, state, shelf
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