Question at hand
Reference:
Kasenova M.B.
The possibilities and opportunities of internationalization
of the transboundary management of the Internet:
legal context
// International Law and International Organizations.
2014. ¹ 4.
P. 502-514.
URL: https://en.nbpublish.com/library_read_article.php?id=65687
Abstract:
The Internet Assigned Numbers Authority (IANA) is historically the fi rst organization providing
the functionality of the key elements of the technological infrastructure of the Internet, including the issues of
coordination of the Internet’s unique identifi ers. These functions have signifi cant value for the technological
infrastructure of the Internet and since for over 16 years these functions have been administered by the Internet
Assigned Numbers Authority (IANA), they are labeled as the “IANA functions”. This article analyzes the announcement
of the National Telecommunications and Information Administration of the US Department of
Commerce (from 03.14.2014) about US Government’s decision to transfer the control over the IANA functions to
the “global multistakeholder community”; the resulting documents of “Global meeting of the multistakeholders
on the issues of future control over the Internet” (April 2014, San-Paulo, Brazil), as well as the “Group of specialists
on the global Internet cooperation and the mechanisms of the Internet administration” (May 2014). In
author’s opinion, the implementation of ideas and measures provided by the above documents, can drastically
change the management of the technological infrastructure of the Internet and carry a signifi cant impact upon
the internationalization of the transboundary management of the Internet.
Keywords:
Internet, IANA, Internet administration, multistakeholders, technological infrastructure, control of the internet, transboundary control.
Theory
Reference:
Kostenko N.I.
New approaches towards the concept,
subject and system of international criminal law
// International Law and International Organizations.
2014. ¹ 4.
P. 515-529.
URL: https://en.nbpublish.com/library_read_article.php?id=65688
Abstract:
This article examines the old doctrine of international law, including dogmatic points of view of
the concept of international criminal law, as well as its tasks and principles at the current stage. The main
goal of this research is to formulate the defi nitions of international criminal law taking into account the
establishment of International Criminal Court on July 17, 1998. An attempt is made to explore the stages
of development of international criminal law that led to its present state as an integral and complete legal
system. The topic of “New approaches towards concept, subject and system of international criminal law” in
itself became important within theory and practice from the very moment the International Criminal Court
has been founded.
Keywords:
Concept, subject, new approach, method of legal regulation, International Criminal Court, international criminal law, doctrine of international law.
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Babina E.A.
The issue of international and civil responsibility
in the process of the remote Earth probing from space
// International Law and International Organizations.
2014. ¹ 4.
P. 530-536.
URL: https://en.nbpublish.com/library_read_article.php?id=65689
Abstract:
This article reviews the issues of international and civil responsibility of the countries, pertaining to
the probing of Earth using the artifi cial satellites in space. It examines the international acts that regulate these
situations, as well as the judicial practice in this category of cases. The author points out that the solution to the
issues of responsibility with regards to probing is complicated due to the specifi city of the international space
law, which places all of the responsibilities for space activities on the countries: the country is responsible for
violations of its international legal obligation regardless of the status of the violating subject. At the same time,
the civil legal responsibility for any damages resulting from violation of the norms of national law is subject
to civil law. Historically the civil court did not fi nd countries guilty, rather the legal actions were often taken
against companies or agencies that stored, analyzed, or distributed the information obtained via the artifi cial
Earth satellites.
Keywords:
International law, Earth probing, space, international responsibility, civil responsibility, legal precedent, artifi cial Earth satellite.
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Reference:
Batalova M.R.
Arbitration clauses within Private international law
of the Republic of Turkey
// International Law and International Organizations.
2014. ¹ 4.
P. 537-544.
URL: https://en.nbpublish.com/library_read_article.php?id=65690
Abstract:
This article is dedicated to the issues associated with the use of the arbitration clauses category including
the clause of public policy and mandatory (super-mandatory) norms in the legislation of the Republic
of Turkey. This issue remains relevant despite the codifi cation of Private international law that took place in
this country in 2007. Turkish legislature actively uses both arbitration clauses. As a rule, the elements of public
policy that received normative consolidation use the “super-mandatory norms” as the mechanism for defense.
Using the positive variation of the clause does not demonstrate the redundancy of such mechanism, rather the
specifi city of its purpose. The effects of the negative clause expand into the areas of Private international legal
relations where security of public interest cannot be guaranteed by mandatory norms alone.
Keywords:
Private international law, international civil procedure, the Republic of Turkey, arbitration clauses, public policy, mandatory norms, super-mandatory norms, codifi cation, choice of law.
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Reference:
Lipovtsev V.N.
Choice of law within lex mercatoria
// International Law and International Organizations.
2014. ¹ 4.
P. 545-550.
URL: https://en.nbpublish.com/library_read_article.php?id=65691
Abstract:
Lex mercatoria is an important element of the modern international private law, which represents a
forming system of norms of non-governmental origin aimed at regulating the international commercial turnover.
There is a predominant opinion within the science of private international law that lex mercatoria represents
an alternative to the traditional to private international law choice of laws method of legal regulation and that
lex mercatoria cannot be considered as the source of confl ict of laws. Based on the content of the norms of
international contracts and court rulings, the author attempts to demonstrate that this notion cannot be held as
unequivocally correct. The question of choice of law within lex mercatoria has yet to be exhaustively studied
in the modern private international law studies. This article shows that lex mercatoria does indeed contain
elements of choice of law and therefore, lex mercatoria can be viewed as the source of confl ict of laws.
Keywords:
Lex mercatoria, confl ict of laws, private international law, choice of law, UNIDROIT, close-out netting, bank guarantee, International Chamber of Commerce, applicable law, model law.
Arts
Reference:
Shilova O.E.
UNESCO Activities in the Field of Arts Education
// International Law and International Organizations.
2014. ¹ 4.
P. 551-556.
URL: https://en.nbpublish.com/library_read_article.php?id=65692
Abstract:
The article addresses the work of UNESCO in the fi eld of arts education. It considers goals of establishing
this policy, and specifi c activities organized within the framework of international cooperation in
the fi eld of arts education. UNESCO recommended documents in the fi eld of education and arts education in
particular are studied. UNESCO programs for the development of arts education are presented. The author
identifi es the reason for the establishment of an international cooperation policy in the fi eld of arts education.
Based on the analysis of UNESCO documents, the author singles out the following reasons for the creation of
such a policy: the development of human creative thinking; the promotion of social peace, tolerance and solidarity;
and the promotion of sustainable development. The author also identifi es two functions of arts education
conceptualized in UNESCO documents: the instrumental function of arts education, i.e. its use as a tool and
method in education, and, in fact, its peacemaking function. The author argues that the documents developed
by UNESCO in the fi eld of arts education have little impact on national education programs because of their
non-compulsory nature. At the same time, the article draws attention to the implementation of specifi c projects
under the auspices of UNESCO that despite the limitations of their infl uence are highly effi cient.
Keywords:
UNESCO, international relations, arts education, international cooperation, arts, education, recommendations, observatories, principles, projects.
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Shovkrinskiy A.Y.
Exhaustion of domestic remedies and laws governing
the international organizations
// International Law and International Organizations.
2014. ¹ 4.
P. 557-563.
URL: https://en.nbpublish.com/library_read_article.php?id=65693
Abstract:
This article examines the issue of “exhaustion of domestic remedies” in disputes where the defendant
is an international organization (and the plaintiff is most often an employee of this organization). The author
believes that the term “exhaustion of domestic remedies” in disputes where the defendant is an international
organization is more of a technical term, as these subjects of international law do not have the same mechanism
as the countries. Nevertheless, the article reviews the question of resolving the disputes within specialized
tribunals of international organizations. The author claims that if an international organization has acts that
defi ne the competency and operating procedures of the administrative tribunals contain the norm requiring
the exhaustion of all domestic remedies, then this must be executed by the plaintiff. On the other hand, if such
obligation is not present, it seems that the plaintiff does not have to exercise any domestic remedies that are set
in place within the international organizations, as the general international law does not impose such mandate.
Keywords:
International law, European Law, UN, international organizations, tribunals, courts, domestic remedies, plaintiff, defendant, dispute.
International courts
Reference:
Shinkaretskaya G.G.
The lawfulness of establishment and activity
of the international criminal courts
// International Law and International Organizations.
2014. ¹ 4.
P. 564-570.
URL: https://en.nbpublish.com/library_read_article.php?id=65694
Abstract:
This article reviews the genesis of the establishment of international criminal courts, as well as the
question of universal jurisdiction. Research is conducted on the example of criminal prosecution of Augusto
Pinochet in Spain and United Kingdom. The author states that international criminal courts are a product
of modern times. They emerged in the last decade of the 20th century, and are founded on the determination
of the entire humanity to ensure that severe and mass violations of human rights do not go unpunished. This
was infl uenced by the humanistic values, when norms of international criminal laws developed as a part of
international legal system. The tendency to create special criminal courts for criminals acting on behalf of
governments has coincided with the spreading and progression of the idea of universal jurisdiction. The classic
international law regulated the relations only between nations; the modern international law however, deeply
intervenes into the internal affairs. The problem of inability of the national courts to prosecute persons who
have committed crimes justifi ed the need to establish international criminal trial.
Keywords:
International law, criminal trial, criminal court, universal jurisdiction, Augusto Pinochet, UN, Darfur.
International courts
Reference:
Fedorchenko A.A.
General international law on reparations
for victims of crimes in international criminal law
// International Law and International Organizations.
2014. ¹ 4.
P. 571-580.
URL: https://en.nbpublish.com/library_read_article.php?id=65695
Abstract:
This article examines the various aspects and norms of international law on reparation of the victims
who suffered losses from the crimes in international criminal law. The following questions are addressed: forms
of reparations (restitution and compensation); content of the law on reparation in international law (who is
obligated to provide reparations and which form of reparations has to be used); documents on the reparations
of general international law. The article reviews court rulings of various international tribunals on the issues
of reparations to the victims who suffered from the actions of a particular country. Both, the universal and
European laws are examined (law of the Council of Europe and European Union). The author underlines that
the most advanced norms regarding reparations are in the legal documents created within inter-American and
European legislations on protection of human rights. Experience beyond these two systems demonstrates that
victims of mass and major violations of human rights are not only left without any reparations, but this issue
is not even being considered.
Keywords:
International law, European law, fair compensation, reparation, restitution, damages, victim.
International courts
Reference:
Egorov S.A.
The International Criminal Tribunal
for the former Yugoslavia
// International Law and International Organizations.
2014. ¹ 4.
P. 581-597.
URL: https://en.nbpublish.com/library_read_article.php?id=65696
Abstract:
The dissolution of the Socialist Federal Republic of Yugoslavia in the early 1990’s was unfortunately
followed by a fi erce armed confl ict, instances of ethnic cleansing, war crimes and genocide. In 1993 the UN
initiated the establishing of the International Criminal Tribunal for the former Yugoslavia, which was the
result of their reaction to the events that took place in the country. The author provides detailed analysis
of the stages preceding the establishment of the tribunal, because precisely at that time the politico-legal
understanding of the Yugoslavian events was being developed. A special attention is given to the evaluation
of the role of the UN Security Council in establishing the tribunal, as well as the socio-political issues of
this political body of UN being involved in the forming of the international criminal tribunal. Reviewing the
results of the tribunal’s work over the years, the author gives an assessment of its activity.
Keywords:
UN, Security Council, Yugoslavia, SFRY, inter-ethnical confl ict, international criminal tribunal, genocide, ethnic cleansing.
Sources used
Reference:
Nagornaya I.I.
Peer review of:
Corporate Legal Liability under International Law /
Edited by S. Tully – Alphen aan den Rijn: Kluver, 2012. –
XXVII + 570 p.
// International Law and International Organizations.
2014. ¹ 4.
P. 598-603.
URL: https://en.nbpublish.com/library_read_article.php?id=65697
Abstract:
This article analyzes the content of the monograph dedicated to the legal liability of transnational
corporations under the international law. A special attention is given to the questions of social responsibility
of corporations, effectiveness of self-regulation, and application of the codes of business ethics. A separate
review is given to the chapter dedicated to the criminal liability of corporations under the international law.
The author examines the liability of the CEO for the crimes committed by the employees, which includes specifi c
court cases. It is worth mentioning that the corporate self-regulation can become the source of manipulation in
order to support the economic status quo. This is namely the grounds for the necessity to develop and implement
global principles of business administration. The corporations can be held criminally liable for collusion and
abetting to commit a crime, in addition to other reasons. However, conducting business in countries that do
not uphold human rights cannot in itself be the grounds for criminal liability.
Keywords:
Corporation, legal liability, criminal liability, conditional liability, international law, code of ethics, self-regulation, business administration, profi tability, transnational corporations, global principles.
Sources used
Reference:
Dubovik O.L., Rerikht A.A.
Peer review of:
Astrid Epiney. EU Environmental Law.
3rd Edition. Baden-Baden: Nomos, Vienna: facultas.
wuv, Basel: Helbing Lichtenhahn, 2013 – 616 p.
// International Law and International Organizations.
2014. ¹ 4.
P. 604-607.
URL: https://en.nbpublish.com/library_read_article.php?id=65698
Abstract:
This review characterizes a fundamental work on environmental law of the European Union, specifi cs
of its forming and developing, as well as the current issues. It demonstrates the key areas of the legal regulation
and the extent of harmonization of the European legislation with the national environmental law of the
member-states of the EU. Emphasis is made on the approach towards the structure of the UE environmental
law which includes protection of the air and water quality, nature (fauna and fl ora), landscapes, noise management,
protection from the effects of chemical and toxic waste. Analysis is given to the EU primary law and
environmental policy conducted in accordance with the Amsterdam Treaty and other treaties on establishing
of the EU, course of action, other documents, as well as the secondary law of the EU. This review examines
the legal platform and the role of the European Parliament, Council, European Court, European Environment
Agency and their authority.
Keywords:
Legislation, environment, law, principles, waste, ecology, convention, Amsterdam Treaty, European Union, EU, climate change.