Theory
Reference:
Kurbanov R.A.
International regional law: concept, subject, and system
// International Law and International Organizations.
2015. ¹ 3.
P. 254-286.
URL: https://en.nbpublish.com/library_read_article.php?id=66831
Abstract:
This article presents an original concept of establishment of international regional law as a branch of international law at the present stage of social development. The legal system is constantly being updated with new branches and sub-branches of law, institutions, and norms, which makes it more efficient overall. The study of integrational processes within Eurasian territory in the conditions of development of geopolitical competitiveness, active formation of new regional economic, social, and military-political spaces, demands mobilization of not only political, social, and economic resources, but also legal. A complex analysis of integrational processes within the framework of current regional formations allowed the author to determine a number of signs such as fusion and interconnection of national interests, which ensures balance of national interests of the member-states of regional formation on one hand, and the interests of the regional formation itself on the other. The author substantiates the conclusion that creation and functionality of such regional formations is impossible without presence of international regional law, the element of which can possess certain level of autonomy with regards to both, national law of the member-states, as well as the international law.
Keywords:
principles of law, structuring, systematization, legal system, Eurasian Law, system of law, international regional law, regional integration, branch of law, regional law
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Gayfeeva N.V.
Counteracting the negligent use of offshores on international level
// International Law and International Organizations.
2015. ¹ 3.
P. 287-295.
URL: https://en.nbpublish.com/library_read_article.php?id=66832
Abstract:
This article is dedicated to the research of the work of a number of international organizations pertaining to creation of legal mechanisms for counteracting negligent use of offshore companies (tax evasion, money laundering), as well as analysis of the standards and recommendations of said international organizations on anti-offshore legislation on the national level. This issue is relevant within the framework of the program of deoffshorization of Russian economy, thus it is worth turning to the international experience in this sphere, and determine the key trends and directions of the fight against offshorization. The analysis of the proposed recommendations, devised standards and norms, allows us to determine the most efficient anti-offshore measures on four main vectors: detection of offshore zones; identification of the end-beneficiaries; development of mechanisms for exchange of information between countries; mechanisms specifically aimed at fighting against tax evasion.
Keywords:
OECD, money laundering, tax avoidance, taxation, offshore company, Deoffshorization, FATF, UN, EU, Offshore
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Teymurov E.S.
Obligation not to cause significant damage within the system of principles of use and protection of freshwater resources
// International Law and International Organizations.
2015. ¹ 3.
P. 296-305.
URL: https://en.nbpublish.com/library_read_article.php?id=66833
Abstract:
This article examines the principle of not causing significant damage to another country during the use of transboundary freshwater sources, its legal content, including the obligation of each state, concept of damage, its limitations, as well as its correlation with the principles of fair and reasonable use of freshwater resources, prevention of polluting the environment, implementation of safety measures, “polluter pays”, and the responsibility to assess transboundary effects. The author analyzes the universal and regional international treaties, as well as bilateral agreements with Russia. As a result of the conducted research, the author determines that the principle of not causing significant damage includes in itself not only the obligation to prevent damage, but also containing the damage in the event that it has occurred, liquidating it, and compensating any damages. The damages should be understood as loss of life due to impact to human health, loss of or harm to property, damage to the environment, as well as expenses for reasonable measures of restoration to the previous state of property or the environment.
Keywords:
transboundary impact assessment, polluter pays principle, precautionary principle, reasonable utilization of the watercourse, equitable utilization of the watercourse, not to cause significant harm, principles of the use of water, freshwater, international watercourse, transboundary aquifer
NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Reference:
Chernyad'eva N.A.
Rulemaking prospects for the UN Security Council in the sphere of antiterrorism
// International Law and International Organizations.
2015. ¹ 3.
P. 306-312.
URL: https://en.nbpublish.com/library_read_article.php?id=66834
Abstract:
The subject of this research is the rulemaking function of the UN Security Council in the area of international security and counterterrorism, as well as prospects for its development. The author analyzes the limits of the competency of this institution. One of the conclusions of this work is the thesis that the antiterrorism resolutions of the Security Council possess lawmaking potential, and can create new rules that would be mandatory for all countries in the area of international security, fight against terrorism, and prevention of new terrorist acts. The author proposes few rules that could set more specific framework for the rulemaking function of the Security Council in the sphere of counterterrorism. This research highlights a number of relevant problems that directly affect the ability to create antiterrorism norms by the Security Council: the limited number of states allowed in the process pf rulemaking; unilateral character of resolution passing; potential contradiction between the mandatory force of the decisions made by the Security Council with the general and fundamental principle of state sovereignty.
Keywords:
antiterrorism law, international security, international agreements, international crime, UN Security Council, international terrorism, resolution, international community, UN, lawmaking
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Zatsepina T.N., Nagornaya E.N.
On some problematic issues of executing foreign court orders within the CIS member-states (on the examples of law enforcement practice of the CIS Economic Court)
// International Law and International Organizations.
2015. ¹ 3.
P. 313-330.
URL: https://en.nbpublish.com/library_read_article.php?id=66835
Abstract:
The subject of this research is the problematic issues of application of norms of international treaties regulating the execution of foreign court orders within the CIS, detected by the CIS Economic Court during their interpretation. The authors give attention to the applied significance of the problematics for other integrational unions throughout the Commonwealth due to lack of special international legal regulation of the questions of acknowledgement and execution of foreign court decisions. The authors substantiate the conclusion that the court rulings of the CIS Economic Court reveal the problematic aspects of the correlation between the international treaties of the CIS member-states and the norms of national legislation during execution of foreign court orders, and set the procedure for resolving these issues. Within the framework of official consultative decision of the Court, the recommendations on the reasonableness of development of a unified procedure for due notification of foreign individuals by the CIS member-states on a bilateral level, as well as a unified mechanism of acceptance (or decline) of the foreign court orders, are aimed at the efficient transboundary execution of court and arbitral rulings within the Commonwealth.
Keywords:
Commonwealth of Independent States, Economic Court, Kiev Treaty, Minsk Convention, Hague Convention, Execution of court orders, Foreign court rulings, Due notification, Provisional measures, Writ of execution
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Esakov G.A.
International criminal law as a sub-branch of Russian criminal law: current status and problems
// International Law and International Organizations.
2015. ¹ 3.
P. 331-346.
URL: https://en.nbpublish.com/library_read_article.php?id=66836
Abstract:
The article focuses on the current status of international criminal law provisions in Russian criminal law. The author outlines the history of these provisions within the national criminal legislation, reveals their specific features, and makes a comparison with the foreign experience on this matter. Based on the aforementioned, he concludes that there is a specific sub-branch within Russian criminal law, which can be referred to as ‘internationally originated criminal law.’ This sub-branch encompasses the group of crimes in the special part of the criminal code and modifies the general rules of criminal law. Furthermore, the current problems with regards to these crimes and general rules are outlined. Special attention is given to the future prospects of implementation procedures and doctrinal research in this area. The author concludes that to have an up-to-date criminal legislation and a strong criminal legal theory, is a task for the future development within Russian criminal legal doctrine.
Keywords:
sources of criminal law, implementation, war crimes, genocide, crimes against humanity, criminal code, international criminal law, retroactive force, international law, international criminal court
International organizations and peaceful resolution of disputes
Reference:
Zverev P.G.
On the distinction between international and domestic armed conflicts within the context of UN international peacekeeping
// International Law and International Organizations.
2015. ¹ 3.
P. 347-364.
URL: https://en.nbpublish.com/library_read_article.php?id=66837
Abstract:
This article is dedicated to the research of international and domestic armed conflicts in order to distinguish the two from the positions of international peacekeeping. The doctrinal positions on this issue are subjected to a critical analysis. The goal of this research is to determine the significant difference between the international and domestic armed conflicts for the subject of applicability of norms of the international humanitarian law towards the peacekeepers participating in such conflicts. A special attention is given to the rulings of international judicial institutions on the questions of qualification of armed conflicts as domestic. The international legal and comparative analysis of international and domestic armed conflicts within the context of international peacekeeping is being conducted for the first time within the Russian juridical doctrine. Based on the analysis of international legal acts and documents, as well as opinions of reputable international jurists the author determines the main criteria, which in his opinion should serve as the basis for the distinction.
Keywords:
International Court of Justice, human rights law, international humanitarian law, distinction, UN, peacekeeping, armed conflict, ICTY, former Yugoslavia, Geneva conventions
International organizations and peaceful resolution of disputes
Reference:
Kalamkaryan R.A.
The institution of peaceful dispute resolution as an immanently inherent element of the modern international law (conclusion)
// International Law and International Organizations.
2015. ¹ 3.
P. 365-374.
URL: https://en.nbpublish.com/library_read_article.php?id=66838
Abstract:
The subject of this research is the institution of peaceful dispute resolution in modern international law. The system of international law carries a character that is complete in its form and finished in content. The institution of peaceful dispute resolution as an immanently inherent element to world order and based on the rule of law, contains a complex of generally acknowledged procedures: negotiations, examinations, mediation, reconciliation, arbitration, and trial. The author notes that from juridical perspective, the trial has all the advantages with regards to other means. A conclusion is made that following the stated commitment to rule of law, within the framework of its foreign policy the Russian Federation supports the role of the International Court of Justice as the supreme judicial authority. The subject positioning of the International Court of Justice defines itself in the format of institutionally structured procedures on provision of law.
Keywords:
rule of law, International Court of Justice, UN, peaceful resolution of disputes, world, modern international law, foreign policy, Russian Federation, obligatory jurisdiction, law
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Rozalba A.
Unfair terms, protective nullity and Court’s powers: certain reference points after Jőrös' and Asbeek Brusse’s rulings.
// International Law and International Organizations.
2015. ¹ 3.
P. 375-387.
URL: https://en.nbpublish.com/library_read_article.php?id=66839
Abstract:
The article examines the cases of Jőrös (Case C- 397/11,) and Asbeek Brusse,(case C-488-11), both dated 30 may 2013, as a starting point for a more general analysis of the ECJ’s approach to the legal consequences to be drawn by the national Court from finding that a contractual term is unfair. The work focuses on the question of whether the interest of the consumer – at the basis of the remedy under consideration – is compatible with the general public interest and with the duty of the National Court to declare the nullity of its own motion, perhaps in contrast with the individual interest of the party. The paper criticizes the “Pannon ruling”, and points out how the more recent Banif Plus judgment (2012) has refined that ruling, even when the partial nullity is concerned. If the duty of the National Court to declare the nullity of its own motion aims to guarantee general interest and the values held by the Constitution – the A. argues – there is no way the consumer can “oppose” the declaration and express his own interest to preserve the contract. Consistently with this idea of consumer protection, in the recent Jőrös judgment the ECJ partially reviewed the so called Perenicova jurisprudence, and clarifies that the National Court is required to determine whether or not the contract can continue to maintain its effects on the basis of objective criteria.
Keywords:
European Union, European Union law, European Court, European market, case law, judgment, court rulings, consumer contracts, unfair terms, protective nullity