Question at hand
Reference:
Shugurov, M.V.
Bretton-Wood institutions (the World Bank and the International Monetary Fund): reforms within the framework of post-Washington consensus.
// International Law and International Organizations.
2011. № 4.
P. 6-40.
URL: https://en.nbpublish.com/library_read_article.php?id=58879
Abstract:
The article includes a systemic analysis of the process of reformation of the IMF and the World Bank in 2008 – 2011. The author views the international legal bases for the broadening scope of mandate of the Bretton-Wood institutions. Much attention is paid to the issue of the ability of the Fund and the Bank to be key international legal subjects of fair and responsible globalization.
Based on a vast variety of analytical data the author gives preliminary results of the reforms for the IMF and analyzes the future steps on their greater legitimacy and efficiency, stable global development.
Keywords:
international law, globalization, crisis, finances, development, reforms, supranational, poverty, legitimacy, innovations
Theory
Reference:
Antonov, I.P.
The theory of state sovereignty in the international law: conceptual approach of the lawyers in the FRG.
// International Law and International Organizations.
2011. № 4.
P. 41-52.
URL: https://en.nbpublish.com/library_read_article.php?id=58880
Abstract:
The problem of sovereignty as one of the key characteristics of the state is still key to the science of international law. The starting point of this theory was the thesis on existence of the state not as an isolated element, but rather as a developing component of international system. The sovereignty presupposed not the will of the supreme state power, based on the highest law within the state borders, but rather the free will within the international legal community. This idea was a concreting component for the idea of united Europe.
Keywords:
international law, sovereignty, neutrality, protectorate, condominium, easement, natural law, positive law, system of guardianship, system of mandates.
ESSENCE, DEFINITION, PRINCIPLES AND NATURE OF INTERNATIONAL ORGANIZATIONS AND THEIR RIGHTS
Reference:
Trivaylo, A.V.
The derivative character of the legal personality of international organizations.
// International Law and International Organizations.
2011. № 4.
P. 53-62.
URL: https://en.nbpublish.com/library_read_article.php?id=58881
Abstract:
The article includes the study of the derivative character of legal personality of international organizations as a key category for the functioning of the legal entity. In spite of the fact that this issue was an object to many studies, not all of the topical moments got enough attention. The author analyzes the development of approaches to the studies of the legal personality of international organizations from the early XX century, when this issue was hardly regarded, to the modern stage. The author also pays attention to the consultative opinion of the ICJ of 1949, which stated its opinion on this issue, and provided for this quality. The author shows the primacy and power of the state as a subject of international law and derivative character of international organization, and also connects international legal personality of organizations with their inner autonomy from the member states. The study of the derivative character of the legal personality of international organizations allows to understand the relations and activities of subjects of international law much better.
Keywords:
international law, theory of international law, law of international organizations, legal personality.
NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Reference:
Kalamkaryan, R.A.
Codification and progressive development of international law as a form of administrative legal activity of the global community on the enhancement of international law.
// International Law and International Organizations.
2011. № 4.
P. 63-76.
URL: https://en.nbpublish.com/library_read_article.php?id=58882
Abstract:
The article is devoted to the importance of codification and progressive development of international law as a form of administrative legal activity of international community on improvement of international law. The author studies the issues of development of international law, mechanisms of such improvement and the results of the relevant activities.
Keywords:
international law, codification, progressive development of international law, international community, administrative legal activity, administrative legal activity, development of international law.
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Laletina, A.S.
Legal regime of international pipelines on the terrestrial territory of the Russian Federation, continental shelf and exclusive economic zone.
// International Law and International Organizations.
2011. № 4.
P. 77-84.
URL: https://en.nbpublish.com/library_read_article.php?id=58883
Abstract:
International economic order varied in different historical periods. The author analyzes the reasons why there appeared the need to change an old economic order and to form a new one based on a number of decisions of the General Assembly of the UN and the idea of the new international economic order, as well as the factors for its revision. The author analyzes the problem of defining “international economic security” as parts of it, problem of a list of its principles, which are being formed under its framework documents. The author provides detailed concepts of general heritage of humanity and stable development, as well as their influence on the formation of the modern international economic order.
Keywords:
international law, new international economic order, international economic security, general heritage of the humanity, concept of stable development, principles of international economic law, the Declaration on formation of the new international economic order, the Charter of economic rights and responsibilities of the states, the revision of the new international economic order, the Program for the formation of the new international economic order.
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Reference:
Erpyleva, N.Y.
The statute of legal entities in the law of the EU.
// International Law and International Organizations.
2011. № 4.
P. 85-112.
URL: https://en.nbpublish.com/library_read_article.php?id=58884
Abstract:
This article is devoted to the evaluation of the statute of legal entities in the law of the EU, which presupposes the analysis of the legal bases of the status of legal entities in the European corporate relations. Based on the results of the studies of the legal practice in the EU, the author comes to conclusions on extent and contents of the conflict of law regulation when defining the law applicable to legal entities.
Keywords:
international law, statute, entity, conflict of law, court, practice, company, corporation, law, order
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Gurbanov, R.A.
The European judicial network and the Eurojust as key subjects of cooperation of the bodies of justice of the Member States of the EU in the sphere of criminal justice.
// International Law and International Organizations.
2011. № 4.
P. 113-120.
URL: https://en.nbpublish.com/library_read_article.php?id=58885
Abstract:
The article is devoted to the organization of cooperation among the bodies of justice of the EU Member States in the sphere of criminal justice. The author studies the most perfect legal institutions of the EU law, which facilitate the connections among the bodies of justice of the Member State: the European judicial network and the Eurojust.
Keywords:
international law, common investigation groups, Eurojust, magistrates on connections, the European judicial network, the bodies of justice of the Member states of the EU, the law-enforcement bodies of the Member States, the European law, cooperation, criminal law.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Semenikhina, V.A.
The renewable energy in Europe: goals and perspectives.
// International Law and International Organizations.
2011. № 4.
P. 121-130.
URL: https://en.nbpublish.com/library_read_article.php?id=58886
Abstract:
The article is based on the material s of the “ee11” сonference, which is devoted to the development of renewable energy in Europe, and which took place on October 19-20, 2011 in Berin. The author studies the measures, which are taken in the EU in order to stimulate the development of energy from renewable sources, as well as the arising problems of legal, economic and technical character. Much of these materials are related to the implementation of programs on development of renewable energy and reform of the energy sector in Germany. The article may be of interest to the specialists in the sphere of energy and environmental law, people working in the power industry.
Keywords:
international law, the European law, the EU, renewable power industry, renewable sources of energy, the emission, slimate protection, energy supply, energy efficiency, electric networks
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Smbatyan, A.S.
The judicial bodies within the system of international relations.
// International Law and International Organizations.
2011. № 4.
P. 131-136.
URL: https://en.nbpublish.com/library_read_article.php?id=58887
Abstract:
The value of the decisions of the international judicial bodies goes beyond the limits of the regulation of the particular disputes. International courts and arbitrations successfully solve such issues as guarantees of unity of international legal regimes, strengthening the authority of the international organizations, to which these bodies belong, and the direct influence on the formation of the new branches of international law.
Keywords:
international law, justice, court, precedent, development, judicial procedure, application of law, interpretation, treaty law, the WTO.
Documentation
Reference:
Koblov, S.Y.
The legal protection of inventions under the treaty on Trade-Related Aspects of International Copyrights (TRIPS).
// International Law and International Organizations.
2011. № 4.
P. 137-141.
URL: https://en.nbpublish.com/library_read_article.php?id=58888
Abstract:
The article is devoted to the historical and economical prerequisites for the formation of the international treaty in the sphere of legal protection of intellectual property and copyright under the WTO: the TRIPS, which was accepted after the Uruguay round of negotiations, which lasted for 7 years. The article includes analysis of the structure of the TRIPS, its principles, documents, their key provisions, some exceptions to its application, as provided for in the treaty itself. The author provides analysis of the key legal mechanisms, rights and terms of protection for each types of copyright and intellectual property law. The article includes general conclusions on legal protection of inventions under the TRIPS. If the Russian Federation enters the WTO the first consequence of sighing the TRIPS treaty shall be the larger quantity of states, with which the Russian Federation shall have mutual obligations in the sphere of copyright.
Keywords:
international law, TRIPS, WTO, trade, patent, protection, copyright, intellectual property, invention, Uruguay.