INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Shinkaretskaya G.G., Ryzhov V.B.
Content and Limits of 'Domaine Reserve'
// International Law and International Organizations.
2015. ¹ 1.
P. 6-14.
URL: https://en.nbpublish.com/library_read_article.php?id=65946
Abstract:
The category domaine reserve, or "domestic jurisdiction", appeared as a means of restricting the
right of international organizations or individual States to interfere in the decisions, or the consequences of
decisions, taken by a State. The principle of State sovereignty is increasingly realized as a condition essential
for the establishment of effective law and order in the world: More and more often the norms of international
law are realized at the national level. One of the examples of this is the sphere of economic interests of States. A
State takes a decision and international law fi xes this fact, or the decision is taken at an international level and
then the State fulfi lls the norm of international law in its internal system in accordance with its own obligations.
Keywords:
domaine reserve, principle, State sovereignty, effective law, norms, international law, internal system, domestic jurisdiction, national level, international level.
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Smirnova E.S.
The universal norms of UN aimed at resolving the problems
associated with the forming of the citizenship institution:
the stages of a 50-year cooperation of nations
// International Law and International Organizations.
2015. ¹ 1.
P. 15-25.
URL: https://en.nbpublish.com/library_read_article.php?id=65947
Abstract:
This article reviews the problems associated with development of the UN norms that
address the issues of forming a citizenship institution in its modern concept. It examines the questions
of correlation between the universal norms of UN and the national legislation of countries in
the area of regulating a person’s right to citizenship and all its aspects. The author notes that the
international conventions carry a more or less recommending character in this regard. Various conventions
developed within UN and pertaining to the status of the citizens, foreigners, and stateless
persons are being analyzed. The method of studying the correlation of the norms of international
conventions in the area of human rights and national law allows conducting a complex review of
the problems of collaboration of the two branches of law. As a conclusion, the author asserts the
significance of not only particular UN conventions in the sphere of the citizenship institution, but
also the entirety of the international legal documents of this universal organization in the area of
human rights.
Keywords:
State, population, citizenship, choice of citizenship, freedom, security, regionalism, cooperation, equality.
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Gulieva M.E.
Convention on the international legal status
of the Caspian Sea – an agreement that would determine
the future of the region
// International Law and International Organizations.
2015. ¹ 1.
P. 26-31.
URL: https://en.nbpublish.com/library_read_article.php?id=65948
Abstract:
This article reviews the question of the international legal status of the Caspian Sea, which is fi rst and
foremost the question of the ownership of the waters and the resources within. In addition to everything else,
it is the question of national security of each of the Caspian states. It is the reason why the discussion of this
topic has endured for more than a century. But if before the last word belonged to the power, today the highest
signifi cance lies in the economic gain. The international legal status of the Caspian Sea became the key aspect of
the foreign policy of the Caspian fi ve for over 20 years. The littoral states currently put forth all possible efforts
in order to resolve this drawn out problem. Despite that this agreement has been proposed as a multilateral
agreement and as a declaration, but ultimately remained as a convention on the defi nition of the international
legal status. The main purpose was: to delimit sea borders, rights and responsibilities of the littoral states and
therefore, divide the reach mineral deposits of the Caspian Sea. The author came to the conclusion that as it
currently stands the question of the project of an agreement on the international legal status of the Caspian
Sea is yet to be resolved. Acceptance of the Convention is expected to take place during the fi fth summit of the
heads of the Caspian states, which is planned to be held in Kazakhstan. Thus multilateral document will fi nally
solve the age old question: is the Caspian a sea or a lake?!
Keywords:
Caspian Sea, Convention, legal status, project, summit, Russia, Azerbaijan, Kazakhstan, Turkmenistan, territory.
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Reference:
Podshivalov T.P.
The doctrine of piercing the corporate veil in the court
practice on the disputes with offshore companies
// International Law and International Organizations.
2015. ¹ 1.
P. 32-37.
URL: https://en.nbpublish.com/library_read_article.php?id=65949
Abstract:
This article reviews the questions that emerge during the use of the doctrine of piercing the
corporate veil to reveal the identity of the beneficiary hiding behind the corporate shield of an offshore
company. It makes an assessment of the legality of using foreign jurisdiction in structuring a business on
Russia’s soil, and the specificity of determining the final beneficiary. A special attention is given to the
use of offshore companies as titular and operational legal entities while they are being formed not for the
purpose of conducting business themselves, or service the activity of another legal entity. Considering
that the doctrine of piercing the corporate veil was developed at a court level, the article makes an accent
on reviewing specific court cases. The author evaluates the participation of offshore companies in the
Russian civil commerce and public ownership of the assets of offshore companies based on the legislation
of an offshore jurisdiction.
Keywords:
Corporate veil, corporation, piercing the corporate veil, corporate shield, diligence, misuse of law, circumvention of law, offshore jurisdiction, private international law.
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Alebastrova I.A.
Transnational constitutionalism: internationalization of the
constitution and constitutionalization of international law
// International Law and International Organizations.
2015. ¹ 1.
P. 38-48.
URL: https://en.nbpublish.com/library_read_article.php?id=65950
Abstract:
The main thesis of this article is the statement about the activation of the cooperation,
interconnection, and cross-inf luence of the constitutional and international law at the present
time. The author analyses the key directions of such cooperation and comes to the conclusion that
one of its major factors is the social solidarity, and there is an urgent need to strengthen it on a
global scale. The need for international solidarity is increased by the process of globalization as
one of the indicative aspects of the postindustrial society; it is warranted by the fact that under
the conditions of globalization the countries and nations become ever more interconnected and
interdependent. It is mostly due to the fact that the development of international cooperation has
gained the form of a transnational constitutionalism that such cooperation became very effective
in the way of providing a lasting peaceful coexistence of the majority of humanity, elevation of the
standard of living, including among developing countries, and advancement of humanity on the
road to strengthening the rights and dignity of a person. Of course, the solution to these problems
is yet to be fully worked out.
Keywords:
International law, constitutional law, social solidarity, internationalization of constitutional law, transnational constitutionalism, international collaboration, solidarity, national economy, globalization, interdependence.
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Galuzo V.N.
On the forms of international cooperation of the customs
authorities of the Russian Federation
// International Law and International Organizations.
2015. ¹ 1.
P. 49-53.
URL: https://en.nbpublish.com/library_read_article.php?id=65951
Abstract:
The subject of this research is the laws associated with the international cooperation of the customs
authorities of the Russian Federation. The author notes that such cooperation is carried out in the following
four ways: participation in development of international agreements; direct execution of international agreements
on mutual legal assistance in criminal and other matters; signing and execution of agreements on legal
assistance and cooperation between the customs authorities of various countries; cooperation of customs authorities
through intergovernmental authorities. The following conclusions are made: international cooperation
should be viewed as one of the functions of the customs authorities of the Russian Federation as stipulated
by the customs legislation (Customs Code of the Customs Union, Federal law “On Customs Regulation in the
Russian Federation”); international cooperation of the customs authorities of the Russian Federation is carried
out in four ways.
Keywords:
Functions of the customs authorities, customs legislation, Customs Code, Customs Union, Federal law, Russian Federation, international cooperation, customs regulation, international agreements.
International courts
Reference:
Osipyan B.A.
Legal ability to protect the rights of Russian citizens
in the European Court of Human Rights
// International Law and International Organizations.
2015. ¹ 1.
P. 54-67.
URL: https://en.nbpublish.com/library_read_article.php?id=65952
Abstract:
This article reviews a number of legal measures aimed at the more effective international
legal defense of the constitutional rights and liberties of individuals in Russia. The proposed measures
pertain not only to the solutions of problems associated with improvements to the domestic mechanisms
of protection of the human rights and liberties, but also improvements to the actual work of the European
Court of Human Rights. The author suggests the following measures concerning the ECtHR: the improvements
of the procedure of ECtHR in order to shorten the term of a trial; improvements to the structural
branches and functions of the ECtHR itself; strengthening of the coordination and control mechanism of
the European Convention on Human Rights; regular informing of the representatives various branches
of Russia’s government authorities on the rulings of the ECtHR. The author also proposes a number
of measures on a national level: specific measures on improving the work of different branches of the
government of the Russian Federation; measures on improvements to the legislation and other normative
acts that pertain to implementation of the ECtHR rulings.
Keywords:
International law, national law, protection of human rights, constitutional right, legal defense, European Court, European Council, national legislation, case law.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Dinov S.
The new European Banking Supervision
// International Law and International Organizations.
2015. ¹ 1.
P. 68-81.
URL: https://en.nbpublish.com/library_read_article.php?id=65953
Abstract:
Weaknesses in the implementation of fi nancial supervision, the extensive harmonization of banking
laws and the fi nancial and eurozone crises have forced the EU Member States to reform fi nancial supervision.
In 2011 the EU introduced a new fi nancial supervision system, and in September 2012 proposals for establishing
a Single Supervisory Mechanism (SSM) were revealed.The present article seeks to analyse the changes,
problems and possibilities for improvement of the new fi nancial supervision system and to give a brief account
of potential long-term prospects. Author argues that the competence for European-wide supervision of credit
institutions along with all the necessary rights to information and of intervention is still lacking. At the same
time, author points out that as a new piece of regulation, it meets the need for further integration in Europe
and it will also be better able to meet the challenges of global competition.
Keywords:
Banking union, ESFS, ESRB, ESM, fi nancial, debt crisis, reform, regulation, SRM and SSM, System Banking Supervision.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Leskova I.V.
The capabilities of the ruble within the geopolitical
situation of the Common Economic Space
// International Law and International Organizations.
2015. ¹ 1.
P. 82-96.
URL: https://en.nbpublish.com/library_read_article.php?id=65954
Abstract:
This article reviews the possibilities of the Common Economic Space (CES) that is being
formed by Russia, Kazakhstan, and Belarus as an instrument of counteracting the “external forces” for
the purpose of protecting the interests of its members within the system of international competition of
nations and their alliances. It reveals the possibilities, opportunities and difficulties associated with the
functioning of the CES as an environment for the forming of a unified regional reserve currency with
the Russian ruble as such currency. The author comes to a conclusion that in order for a currency of a
particular country to gain the status of the regional reserve currency, it is necessary for this country
(the issuer) to demonstrate such level of economic growth that it would be able to become the main consumer
of the products and services manufactured in the neighboring countries; invest into the assets of
the partnering nations; ensure an acceptable profitability of the assets denominated in their currency.
The further strengthening of the ruble and growth in the number of operations involving ruble on the
global market is closely tied to how active Russia will be in the fight for democratization of the global
financial structure. This will also contribute to the strengthening of the ruble within the post-Soviet
territory and their alliances.
Keywords:
Common Economic Space, global reserve currency, national reserve currency, ruble, global market, issuer, global economy.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Voynikanis E.A.
General trends of development of the system
regulating the intellectual rights on the example
of the EU legislation
// International Law and International Organizations.
2015. ¹ 1.
P. 97-103.
URL: https://en.nbpublish.com/library_read_article.php?id=65955
Abstract:
The subject of this research is the analysis of development of the EU legislation in
the area of intellectual property as a ref lection of general trends of transformation of the legal
regulation of intellectual rights into the digital age. A special attention is given to the aspects
of innovational economy. The author notes that there is a strengthening of the protection of the
right holders’ interests. At the same time the interactive nature of the digital economy and the
spread of new ways of acquiring knowledge present the law of intellectual property with a task of
providing a free access to content. The author concludes that the uniqueness of the EU legislation
consists in the fact that it combines the characteristics of international law and independent legal
system. The described consistent trends of development of the European law show the forming of
prerequisites for a change in the paradigm of regulation of intellectual rights.
Keywords:
Intellectual rights, intellectual property, EU legislation, market economy, innovation economy, information technologies, human capital, access to information, legal paradigm, f lexible regulations.
Sources used
Reference:
Dubovik O.L.
Book review: Subbotina E. N. The Mechanism
for Implementing the International Criminal Law
in Russian and Abroad. M.:
Yurlitinform, 2012, – 216 p.
// International Law and International Organizations.
2015. ¹ 1.
P. 104-111.
URL: https://en.nbpublish.com/library_read_article.php?id=65956
Abstract:
In this review the author evaluates the research results of the mechanism for implementing the
norms of international criminal law into the national criminal legislation, conducted from the position of
comparative jurisprudence. In this case the author compared the content, methods, techniques, subjects,
and specific aspects of implementation of the criminal legal norms of international law into the national
criminal legislation of Russia, UK, Canada, USA, France, Germany, and Finland; in other words, the
countries that are part of the Anglo-Saxon, Romano-Germanic, and Scandinavian families of the legal
systems. An analysis is made on the author’s approach towards the notion of implementation and related
concepts (transformation, reception, conversion, and others); determination of the nature of the international
criminal law and its place within the system of legal branches; assessment of the effect of the
principles of the international criminal law on the process of implementation; current models of implementation
and the criteria for defining their distinctive features. Characterization is given to the aspects
of authority of subjects that execute the process of implementation of the international legal norms into
the domestic criminal legislation, including the practice of implementation in the UK, Canada, France,
Germany, and other countries.
Keywords:
Implementation, peer review, international law, legislation, criminal law, crime, transformation, criminal policy, convention.
Sources used
Reference:
Rericht A.A.
Book review:
Jurisdictional Confl icts in Transnational Crimes.
Comparative Legal Research of International Law /
Edited by Arndt Zinn. Osnabrück:
University press, 2012. – 620 p.
// International Law and International Organizations.
2015. ¹ 1.
P. 112-117.
URL: https://en.nbpublish.com/library_read_article.php?id=65957
Abstract:
This review analyzes the results of the research on the jurisdictional conf licts that emerge
during investigations and trials of transnational acts of crime. It characterizes the aspects of the
work of the territorial and other principles including legal process of extradition. Emphasis is
made on the models that would be useful for regulation of the jurisdictional conf licts within the
EU and other countries. The author demonstrates that the current acts of the European Parliament
and the international conventions on the fight against transnational and organized crimes leave
a lot of questions unaddressed with regards to resolution of competential conf licts pertaining to
investigations of crimes and punishment of those who committed crimes across several countries.
The book being reviewed analyzes international legal prerequisites of implementing the criminal
law in the fight against transnational criminality; collisions of national criminal law; ability to
resolve conf licts; constitutional foundations; aspects of the norms of criminal law; model projects
of regulating the mechanism for resolving jurisdictional conf licts.
Keywords:
Convention, constitution, conf lict, jurisdiction, criminality, law, criminal law, criminal prosecution, trial.