INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Shugurov, M.V.
The tensions between international human right to freedom of expression and copyright in digital age: perspectives
of theirs coinciding in the context of international law.
// International Law and International Organizations.
2012. ¹ 4.
P. 6-23.
URL: https://en.nbpublish.com/library_read_article.php?id=61710
Abstract:
The article is devoted to justification the international legal approach to problem of tension between international
information rights and copyright, especially in respect to the Internet. Author analyses the single cases when IPR’s,
mainly author’s and neighboring rights, build the numerous troubles for realization such international human rights
as right to freedom of expression and information. Much attention is paid to a new trends in doctrine of intellectual
property that is inspired the process of digitization. In introduced investigation there are proved the limited possibility
of consideration copyright as human right. The key role in elaborating and adopting principle standards in this
sphere belong to international law, including international human rights law. Simultaneously, the latter must corresponds
to international law of IP, international information law, and international competition law.
Keywords:
international law, information, author, globalization, cooperation, limitations, Internet, control, freedom, interests.
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Nikiforov, A.A.
International legal protection of environment in the Northern European states.
// International Law and International Organizations.
2012. ¹ 4.
P. 24-38.
URL: https://en.nbpublish.com/library_read_article.php?id=61711
Abstract:
This article is devoted to the international legal protection of environment in the Northern European States: Sweden,
Norway and Finland. The author gives special attention to the basic international convention in this sphere, that is
– the Convention on the Environmental Protection in the Northern States of 1974. The author also studies the role of
supranational structures and instruments in the protection of environment in the Scandinavian states. He also pays
attention to the instruments for the international legal protection of environment, which apply not only to the Scandinavian
states, but to the third party states, and to the issues of influence of the European law on the international
legal protection of environment in the Northern European states.
Keywords:
international law, European law, environment, Scandinavian states, national law, supranational structures, convention law, environmental law, international treaties, secondary law.
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Reference:
Erpyleva, N.Y., Maksimov, D.M.
Legal status of an Inter-governmental Organization for International Carriage by Rail (OTIF).
// International Law and International Organizations.
2012. ¹ 4.
P. 39-54.
URL: https://en.nbpublish.com/library_read_article.php?id=61712
Abstract:
This article is devoted to the legal status of the OTIF, which was formed under the Berne Convention of 1980 concerning
International Carriage by Rail (COTIF), to which Russia is a party since 2010. The object of the study is a
number of issues, regarding goals and aims of the OTIF, its inner structure, the conflict-resolution procedure for the
disputes among the states, its privileges and immunities. Much attention is paid to the analysis of the inner organization
structure of the OTIF, which is understood as a system, principles and the order of formation of its bodies, as well
as their competence (object-oriented and jurisdictional), interaction of the bodies with each other and the decisionmaking
procedure. The authors pay much attention to the arbitration procedure for the resolution of disputes among
the Member States on the application of the COTIF, when the composition of the court, its object-matter competence,
and the decision-making procedure are defined by the parties to the dispute by an arbitration agreement. The authors
point out the prominent role of the Secretary General of the OTIF not only in managing its structure, but also in the
arbitration procedure for the dispute resolution within the framework of the Convention.
Keywords:
international law, organization, structure, competence, organ, procedure, arbitration, decision, voting, transportation.
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Reference:
Petrova, G.V.
Formation of the international law for the trade of financial services and its influence on the national legislation
on financial markets.
// International Law and International Organizations.
2012. ¹ 4.
P. 55-66.
URL: https://en.nbpublish.com/library_read_article.php?id=61713
Abstract:
The article is devoted to the modern tendencies for the formation of international law of trade in financial
services and its influence on the national legislation on financial markets. The influence of the WTO and other
international organization on the formation of the international global order in this sphere is pointed out by
the author. The author also shows the value of the processes of unification and harmonization of legal norms
on trade of financial services within the framework of integration processes. The article includes examples on
the implementation of international norms on financial services into the national law on the securities market.
The author then shows the directions for the active process in the sphere of formation of international general
principles of legal regulation in this sphere in order to achieve the due balance between public and private
interests. The author then notes the role of legal custom in this sphere. The international law for the trade of
financial services includes unified principles, norms and rules for the trade of international banking and other
financial services, which serve as general normative regulation. The article includes analysis on the changes
in the Russian law on financial markets, which took place under the influence of international norms due to the
Russian Federation joining the WTO. The author points out the value of the “securitization” in the securities
market, as an innovative form of financing by corporate bonds, investment fund bonds, and banking groups in
order to support the activities of the credit markets.
Keywords:
international law, trade of financial services, legislation on financial services, unified principles, norms and rules for the trade of international banking and other financial services, customs of international trade in the sphere of financial services.
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Reference:
Averina, K.N.
Specific features of the legal regulation of marital and family relations with a foreign element.
// International Law and International Organizations.
2012. ¹ 4.
P. 67-76.
URL: https://en.nbpublish.com/library_read_article.php?id=61714
Abstract:
The author analyzes the conflict of laws norms of the family legislation, when the disputes in the sphere family
relations with a foreign element are being resolved, as well as some specific features of the normative legal acts
on marital and family relations between the citizens of the Russian Federation and the foreign citizens. It should
be considered that more and more of such cases arise not only on the territory of the Russian Federation, but also
abroad. The author gives a review of normative legal acts of the Russian Federation, which regulate marital and
family relations with a foreign element.
Keywords:
international law, international treaties, conflict of laws in family law, foreign citizens, citizens of the Russian Federation, marital and family relations, family statute, personal non-property right, judicial precedent, international treaty.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Kurbanov, R.A.
Key directions of the international legal cooperation in the EU in the sphere of power industry.
// International Law and International Organizations.
2012. ¹ 4.
P. 77-85.
URL: https://en.nbpublish.com/library_read_article.php?id=61715
Abstract:
The article includes analysis of the key directions of international legal cooperation of the EU in the sphere of
power industry. The author views specific legal acts of the EU, as well as the international legal instruments,
which form the basis for the cooperation between the EU and the third party states in the sphere of power industry.
The author singles out several directions for the development of the EU law in the sphere of power industry
and cooperation with the third party states, that is, the international legal cooperation of the EU in the sphere
of power industry against climate change and the cooperation for the purpose of facilitating development of the
developing states.
Keywords:
law of the EU, power industry, energy law of the EU, international legal cooperation in the sphere of power industry, the EU and the third party states, the uninterrupted supply of energy products, fighting climate change, Directives, international legal acts.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Sultanov, I.R.
The issue of trust in the relations of the subjects of the integration organizations.
// International Law and International Organizations.
2012. ¹ 4.
P. 86-92.
URL: https://en.nbpublish.com/library_read_article.php?id=61716
Abstract:
The article is devoted to the topical issues of international law. International integration organizations play a more
and more considerable role in the development of international law. The introduction of the institutions of international
law is especially intensive due to the development of integration unions. The study is devoted to the issue of
perspectives of international cooperation in the context of influence of integration unions.
Keywords:
international law, international integration organizations, the rapprochement of international and national law, economic cooperation among the states, international integration processes, the European law, integration processes, economic cooperation, the CIS.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Postnikova, E.V.
Evolution of legal regulation of freedom of services in the EU.
// International Law and International Organizations.
2012. ¹ 4.
P. 93-111.
URL: https://en.nbpublish.com/library_read_article.php?id=61717
Abstract:
The European Union (the EU) has a well-developed mechanism for the legal regulation of provision of services. The
process of liberalization of trade in services in the EU has been uneven, reflecting the key tendency in the global
economy. The article is devoted to the formation of the mechanism of legal regulation of the freedom to provide services,
and the author evaluates its efficiency at various historical stages. Much attention is paid to the EU secondary
law and the practice of the EU Court, which are aimed to remove barriers for the freedom of services, and to the tendencies
of legal regulation. In late years the process of development of new norms and amending the existing norms
has been intensive in the sphere of provision of service, and it is aimed to form a single market of services, including
the single market for the public purchases of services. In spite of the comparatively high level of liberalization in the
sphere of services in the EU, the process of the formation of the united inner market for services is not over. It is due to
the fact that not all of the principles, which form the basis for the domestic markets, are completely accepted, as well
as to the specific nature of the service as an economic category. Therefore, the issues of implementation of freedom of
services are quite topical, and the legal regulation in this sphere keeps developing rapidly.
Keywords:
international law, the EU, the domestic market, services, freedom of services, liberalization, harmonization, the EU law, evolution, legal regulation.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Deruka, S.I., Taranenko, D.N.
Specific features of the system of preliminary declaration of TIR-EPD (IRTU).
// International Law and International Organizations.
2012. ¹ 4.
P. 112-115.
URL: https://en.nbpublish.com/library_read_article.php?id=61718
Abstract:
Electronic declaration of goods is a procedure of customs declaration of goods via the Internet. In order to simplify
this process, the system of electronic declaring has been developed. In response to the requirements of the European
Economic Commission, the International Road Transport Union created the TIR-EPD service, which greatly
simplifies the provision of preliminary electronic information on transportation of goods by the carnet TIR holders.
The technology of TIR-EPD includes secure integration of a small program module into the customs information
system in order to provide automatic exchange of electronic information between the IRTU and the customs service.
The experience of its introduction in various states shows that this project is inexpensive and efficient. The
TIR-EPD by IRTU allows all of the carnet TIR holders to follow the SAFE by WCO. The TIR-EPD service provides
simple, accessible free-of-charge means to inform the customs bodies on the transportation of goods without the
intermediary services.
Keywords:
jurisprudence, declaration, TIR, procedure, customs, carrier, service, IRTU, organization, association.
NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Reference:
Maltseva, E.G.
Due diligence of human rights as a new way of human rights protection
// International Law and International Organizations.
2012. ¹ 4.
P. 116-121.
URL: https://en.nbpublish.com/library_read_article.php?id=61719
Abstract:
This article aims to analyze a new phenomenon, taking place in the sphere of human rights protection. Companies
have a responsibility to respect human rights, which means to act with due diligence to avoid infringing on the rights
of others. This is the message the UN Human Rights Council sent to all actors in 2008 as part of adopting unanimously
the Protect, Respect and Remedy policy framework for business and human rights put forward by John Ruggie, the UN Special Representative for Business and Human Rights. The protection of human rights, including where
it relates to business, is the primary obligation of the state. However, in many parts of the world, and in specific contexts,
governments continue to be unable or unwilling to live up to all their duties. Companies have the responsibility
to respect human rights, but there have been several instances where companies have failed to live up to international
standards or expectations. In cases of state inability and failure, the onus increasingly falls on companies to be more
proactive in the field of human rights. It is against this background that the UN Human Rights Council sought to clarify
the obligations for states and the responsibilities of business by adopting the Special Representative’s framework.
Key words: policy framework, UN Human Rights Council, corporate responsibility, human rights abuses, Guiding
Principles, international standards, effective remedies, guidance, human rights due diligence, assessment,
actual practice.
Keywords:
Mezhdunarodnoe pravo, policy framework, UN Human Rights Council, corporate responsibility, human rights abuses, Guiding Principles, international standards, human rights due diligence, assessment, actual practice
RESPONSIBILITY OF INTERNATIONAL ORGANIZATIONS
Reference:
Krivenkova, M.V.
Some issues regarding non-material responsibility of international organizations.
// International Law and International Organizations.
2012. ¹ 4.
P. 122-126.
URL: https://en.nbpublish.com/library_read_article.php?id=61720
Abstract:
The article is devoted to the issue of bringing international organizations to the non-material responsibility in various
forms, which include restoration, satisfaction as well as assurances and guarantees of non-recurrence. The author
discusses specific features of restoration as a category for the restoration of rights, as well as various ways to take
responsibility via satisfaction. The author considers that the responsibility of international organizations in the form
of guarantees of non-recurrence has some specific features in comparison with the application of the same measure
to the violating states. Much attention is paid to the analysis of the Articles on Responsibility of International Organizations
by the ILO of the UN.
Keywords:
international law, international responsibility, restitution, restoration, satisfaction, guarantees of nonrecurrence, compensation of harm, violating party, moral harm, compensation of harm, compensation.