Question at hand
Reference:
Ganyushkina, E.B.
International legal aspects of the dispute between the UK and Argentina on the Falkland Islands
(the Malvinas).
// International Law and International Organizations.
2013. ¹ 1.
P. 6-22.
URL: https://en.nbpublish.com/library_read_article.php?id=62409
Abstract:
The article is devoted to the new turn of the tension between Argentina and the UK in their fight for sovereignty
over the Falkland Islands (the Malvinas). The author views the legal grounds for the territories
in question for both parties, international legal aspects of the mutual accusations, as well as the possible
models for the conflict resolution. The author provides the analysis, which shows the absence of new armed
conflict in the nearest future. She also reflects upon the guarantees of non-use of nuclear weapons in fight
over the territories in question. The author also shows the connection between the dispute over sovereignty
over the Falkland Islands (the Malvinas) and the territorial claims towards other Southern Atlantic areas
and part of the Antarctic Region.
Keywords:
international law, territorial disputes, self-determination of peoples, territorial integrity, militarization of the territory, the zone free from nuclear arms, right for a flag, the uti possidetes de jure principle, models for the conflict resolution, claims for sovereignty over the Antarctic Region.
LEGAL BASES OF THE UN, ITS KEY AND SUPPORTING BODIES
Reference:
Keshner, M.V.
The Security Council Sanctions Committees of the UN as an institutional mechanism for the implementation
of international sanctions.
// International Law and International Organizations.
2013. ¹ 1.
P. 23-28.
URL: https://en.nbpublish.com/library_read_article.php?id=62410
Abstract:
In the present article author analyzes the formation of various international instruments within the framework
of the sanctions regimes of the UN Security Council. The author analyzes the legal status and functions
of the UN Security Council sanctions. The article also concerns the modification of their activities and the
main trends in the implementation of the concept of targeted sanctions.
Keywords:
international sanctions, Resolution the UN Security Council, the Sanctions Committees of the Security Council, regime of international sanctions, guiding principles of the committee.
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Reference:
Erpyleva, N.Y., Butler, W.E.
The procedure involving foreign parties in the international procedural law of Russia and Ukraine:
the modern legal regulation.
// International Law and International Organizations.
2013. ¹ 1.
P. 29-48.
URL: https://en.nbpublish.com/library_read_article.php?id=62411
Abstract:
This article is devoted to one of the most interesting aspects of international civil process, that is, to the procedure
in the cases involving the foreign entities. The authors concentrate on the comparative analysis of Russian
and Ukrainian legislation, which regards the regulation of international procedural relations. The article
includes two parts. The first part of the article is concerned with the issues of international jurisdiction of the
Russian arbitration courts and the Ukrainian economic courts in the international economic disputes, while
the second part of the article is concerned with the issues of recognition and compulsory implementation of the
foreign judicial decisions on economic disputes in the territories of Russia and Ukraine. The authors studied the
legal sources, including the national legislation and international treaties, including the multilateral treaties of
regional character within the CIS, as well as the Minsk Convention on the Legal Assistance and Legal Relations
on Civil, Family, and Criminal Cases in their application to the cases involving foreign parties.
Keywords:
international law, jurisdiction, competence, court, entities, parties, process, procedure, recognition, implementation, decision.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Kurbanov, R.A.
The Economic and Monetary Community of Central Africa (CEMAC) as the most integrated African
sub-regional organization.
// International Law and International Organizations.
2013. ¹ 1.
P. 49-77.
URL: https://en.nbpublish.com/library_read_article.php?id=62412
Abstract:
The article is devoted to the Economic and Monetary Community of Central Africa. The author states that this
is an integration union of supranational character. The author views two communities, which it includes: the
Economic Union of Central Africa and the Monetary Union of Central Africa. The author studies the historical
prerequisites for the formation of this community (in particular, the UDE). The author also analyzes the
institutions of the community, its organization and structure, functioning of the legal order, the branches of
secondary law, and cooperation of the states within the various legal spheres.
Keywords:
international law, integration, Central Africa, supranational, economic community, monetary union, customs union, cooperation of the states, organization structure, secondary law.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Belikova, K.M.
Institutional structures and sources of the law in the EU and the Mercosur: comparative legal aspect.
// International Law and International Organizations.
2013. ¹ 1.
P. 78-91.
URL: https://en.nbpublish.com/library_read_article.php?id=62413
Abstract:
The present article includes comparative analysis of the institutional structure and sources of law of the EU
and the Mercosur. In her studies the author shows the expected vector of development for the institutional
structures of integration structures, such as the Mercosur. The methods, which are employed by the author,
include comparative legal method, historic, dialectic methods, as well as special scientific methods. The
methodology of the study is the image of objective and subjective formation of any process. The object of the
study includes is on one hand the EU, which is an integration union with a long history, on the other hand
the Mercosur as a most successful and developed structure in the South America, which does not have such a
long history or status of a supranational structure.
Keywords:
international law, economic, integration, the EU, the Mercosur, institutional, structure, supranational, structure, supra-national acts, institutionalization.
International courts
Reference:
Kalamkaryan, R.A.
Role of the International Court of Justice of the UN and its role in maintaining international legal order.
// International Law and International Organizations.
2013. ¹ 1.
P. 92-103.
URL: https://en.nbpublish.com/library_read_article.php?id=62414
Abstract:
The article shows the role of the International Court of Justice (the ICJ) in the maintaining international legal
order. The article includes the historic analysis of the institution of a universal judicial body. The author
studies the characteristics of this judicial body, which make it the most influential element within the system
of maintaining the legal order and compliance with the international law. The author compares it with the
arbitration, evaluates the nature of the international legal dispute, the principle of supremacy of law, as well
as good faith and compliance with the international legal obligations within the domestic legal order. The
article includes analysis of various characteristic features of the ICJ as an international judicial body in
comparison with the national judicial bodies of the states. The author also analyzes some aspects of judicial
procedure, definitions of rule of law and universal legal order, as well as the key elements and characteristic
features of the universal legal order.
Keywords:
international legal order, the International Court of Justice of the UN, rule of law, legal order, good faith principle, arbitration, justice, international obligation, the dispute between the states, jurisdiction
International courts
Reference:
Smbatyan, A.S.
The perspectives of the EurAsEC Court within the system of international justice.
// International Law and International Organizations.
2013. ¹ 1.
P. 104-109.
URL: https://en.nbpublish.com/library_read_article.php?id=62415
Abstract:
The EurAsEC Court is to find its place within the existing system of international judicial bodies, and its
status within its system is of key value for the efficiency of integration and the international authority of the EurAsEC. The EurAsEC Court should take efforts to support its status of the supranational judicial body of
the Community, it should use its implied and inalienable powers and stress the relation of the legislation of
the integration community with the international law, to which it belongs. An important factor in support of
the authority of the Court is an efficient protection of the rights and interests of economic entities.
Keywords:
international law, the Court, Eurasian Economic, Community, justice, system, economic, rights, human.
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Fatmir Tartale, Gerti Tartale
Historical development of the îrganization of the criminal justice system in Albania and its European
integration.
// International Law and International Organizations.
2013. ¹ 1.
P. 110-122.
URL: https://en.nbpublish.com/library_read_article.php?id=62416
Abstract:
As the authors point out, the study and analysis of the legal system in Albania in its entirety and in particular
the criminal one is important in the fight against crime in general and against organized crime in particular,
to protect the people and guarantee them the right to a better and more peaceful life. It is beneficial in
terms of doctrine but also practice, being the backbone of democracy and the rule of law. In the context of
its historical development, during these hundred years in Albania there have been judicial institutions that
responded to different developments, according to state formations, from antiquity up to the fourth century in
Illyria, to the present, when foreign and Albanian legislations have been implemented. The article concerns
organization of system of criminal justice in Albania since 1912 to the current time, as well as the changes
towards the European integration and the judicial reforms.
Keywords:
jurisprudence, law, Albania, criminal law, crime, court, rule of law, integration.
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Razumov, Y.A.
Means and methods of national legal implementation in the legislation of the Russian Federation.
// International Law and International Organizations.
2013. ¹ 1.
P. 123-129.
URL: https://en.nbpublish.com/library_read_article.php?id=62417
Abstract:
The author provides general analysis on an issue of basic elements of the national legal implementation process.
The author considers existing means and methods of national legal implementation into the legislation
of the Russian Federation in detail and discusses their differences.
Keywords:
international law, domestic law, implementation, legislation, means and methods of national and legal implementation.
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Nikiforov, A.A.
The effect of international treaties in the sphere of environmental protection in the national law
of the North European states.
// International Law and International Organizations.
2013. ¹ 1.
P. 130-140.
URL: https://en.nbpublish.com/library_read_article.php?id=62418
Abstract:
The article is devoted to the means of normative implementation of international environmental obligations
within the national legal systems of Norway, Finland and Sweden. The author views the influence
of the international and European environmental law on the legislation of the Scandinavian states. The
article includes analysis of procedural and material issues regarding implementation of the international
environmental legal norms in the national legislation of the states in question. It is stated, that
the formation of international cooperation within a region is rather simple even for such a sphere, as
the environmental protection is. It is also noted that international legal environmental protection within
the framework of the international treaties of the Scandinavian states has supranational character. The
author analyzes the interaction of the European law and the international law, taking the interaction of
the European environmental law and the international legal obligations of the Scandinavian states as
an example.
Keywords:
international law, European law, national legislation, environment, implementation, ratification, international legal obligations, codification, Scandinavian states, environmental law.
Sources used
Reference:
Dubovik, O.L.
Review on the book “International Environmental Law”: textbook / ed. Valeev R.M., Moscow, Statut,
2012, – 639 p.
// International Law and International Organizations.
2013. ¹ 1.
P. 141-144.
URL: https://en.nbpublish.com/library_read_article.php?id=62419
Abstract:
The topical issues of international legal protection of environment have always attracted attention of the legal
scholars, specializing in the sphere of environmental, international, criminal and other branches of law.
During last several years there appeared quite some works of general and specific character regarding such
issues, as criminal responsibility for the ecocide, unlawful environmental trade, activities of international
(governmental and non-governmental) organizations, provisions and implementation of the conventions and
other treaties on climate protection, protection of biological variety of forests, etc. The book, which is reviewed
in this article, provides valuable additions to the existing works, and it also allows to summarize the
results of the development of international environmental law as a special branch of law.
Keywords:
international law, environment, climate, atmosphere, biological variety, waste, environmentalization, resources, convention, impleme