ESSENCE, DEFINITION, PRINCIPLES AND NATURE OF INTERNATIONAL ORGANIZATIONS AND THEIR RIGHTS
Reference:
Idrysheva S.K., Al'zhanova A.D.
Legal responsibility of the Eurasian Economic Union
// International Law and International Organizations.
2016. ¹ 1.
P. 6-12.
URL: https://en.nbpublish.com/library_read_article.php?id=67442
Abstract:
The authors thoroughly examine such aspects of the topic as the size of the international legal responsibility of the Eurasian Economic Union (EAEU) and the issues of the presence of the EAEU legal responsibility on the territory of the member-states according to their national legislation. A special attention is given to the international legal adherence of the Eurasian Economic Union, namely to the volume of the individual rights and obligations of the EAEU, the ability to carry the international-legal responsibility, endowment of the authority on behalf of the member-states, as well as adherence to national law of the member-states. The authors analyze the positions of the EAEU Treaty, Consultative agreement of the Economic Court of the Commonwealth of Independent States and the International Court of Justice of 1949. The scientific novelty consists in the necessity of determination of the further competency of the Eurasian Economic Union. The authors conclude that the EAEU carries limited international legal responsibility derivate from the legal responsibility of its member-states, while carries a different legal personality than legal entities while on the territories of the EAEU.
Keywords:
Legal personality of international organization, law of EAEU, legal personality of EAEU, Eurasian Economic Union, legal personality, international personality, international law, limited legal personality, international organization, rights of EAEU
NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Reference:
Shapovalova G.M.
World cultural heritage in the digital era: milestones of implementation of the UNESCO strategy in the area of international law (to the 70th anniversary of the UNESCO)
// International Law and International Organizations.
2016. ¹ 1.
P. 13-21.
URL: https://en.nbpublish.com/library_read_article.php?id=67443
Abstract:
This article is dedicated to the anniversary of the International organization UNESCO and highlights its remarkable contribution into the world culture. The author reflects the core milestones of the diversified work of UNESCO in the format of its rulemaking activity with regards to the preservation of the cultural heritage, as well as emphasizes the role of the organization as a powerful coordinating center in the area of international cooperation on the establishment of legal field in the sphere of the digital cultural heritage. The author underlines that UNESCO being the flagman of formation of the global cultural policy, focuses on the solution of precise tasks, which allows advancing the international cooperation in the area of establishment, preservation, and provision of access and safety of the digital cultural heritage. In the conclusion the author substantiates the fact that in the conditions of the global information society, the problem of the legal regulation of the sphere of digital culture is yet to be resolved, as well as of great relevance are the questions of unification of the legal notions and the mechanisms and instruments of formation, preservation, and security of the digital heritage on the universal level.
Keywords:
legal space, digital age, digital cultural heritage, information society, globalization, cultural heritage, world culture, UNESCO, international legal instruments, international cooperation
NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Reference:
Aristov E.V.
Work of the United Nations Organization and the World Health Organization aimed at alleviation and reduction of poverty
// International Law and International Organizations.
2016. ¹ 1.
P. 22-27.
URL: https://en.nbpublish.com/library_read_article.php?id=67444
Abstract:
The subject of this research is the normative practical activity of the international organizations (UN and WHO) on the devising of strategies, programs, and taking corresponding measures on the reduction of poverty. The author reviews such aspects as held by these international organizations Global summits on the issues of social development and fight against poverty. A special attention is given to the content of strategies and problems enacted by the UN and WHO since 1970 – recognition on the international level of relevance of the problem of decreasing the scale of poverty. The main conclusions and its scientific novelty consist in in determination of the main principles that serve as a platform for the strategies aimed at prevention, alleviation, and reduction of poverty on international scale, as well as on the scale of a separate nation. The author’s main contribution is the evaluation of the work of the international organizations with regards to the question of the fight against poverty; analysis of the strategies and programs passed at the Global summits of the United Nations.
Keywords:
Elimination of poverty, Social development, Extreme poverty, Reduction of poverty, Prevention of poverty, Alleviation of poverty, Fight against poverty, Poverty, Strategy, Program
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Kostenko N.I.
The role of the global Community and Russia in counteracting human trafficking
// International Law and International Organizations.
2016. ¹ 1.
P. 28-40.
URL: https://en.nbpublish.com/library_read_article.php?id=67445
Abstract:
This article focuses on the following subjects: - Corresponding positions of international laws dedicated to the fights against the grossest violation of human rights – human trafficking;- Russian criminal legislation on responsibility for human trafficking;- Scientific literature on the issues of fight against human trafficking;- Related statistical data.The object of this research is the approach towards formation of international and national criminal policy in the area of the fight against human trafficking presented in the international community and Russia, as well as relations between the global community and Russia that emerge in the area of realization of corresponding international legal acts and prevention of this crime. The scientific novelty consists in the fact that this is one of the first researches of criminal policy in the area of fight against human trafficking and the issues of its optimization. The author highlights the fact that in its conventions and resolutions the UN must insist on activation and necessity of fair justice for solution of issued pertaining to human trafficking.
Keywords:
criminal phenomenon, ratification, crime, international standards, eradication, organized crime, criminal enterprise, forced labor, legal authority, human trafficking
International organizations and peaceful resolution of disputes
Reference:
Vidineev D.I.
The role of non-judicial means of dispute resolution on the return of cultural values
// International Law and International Organizations.
2016. ¹ 1.
P. 41-49.
URL: https://en.nbpublish.com/library_read_article.php?id=67446
Abstract:
Currently, the majority of the disputes on the cultural values are being reviewed by the national courts; at the same time, the aforementioned disputes are regularly being resolved via such mechanism as “negotiations”. The author examines the importance of negotiations representing the non-judicial means of dispute settlement on the restoration of the cultural values. This work analyzes the multilateral conventions with regards to the cultural values, bilateral agreements between the states (including between the states and museums), world treaties between the states, museums and private parties, and the decisions of the national courts. The disputes, associated with the requirements on restitution or restoration of the cultural values, are being reviewed. The author concludes that currently both, the judicial and non-judicial means of dispute settlement such as negotiations, can be applied for the effective conflict resolution pertaining to the cultural values; however, the return of the works of art located in foreign territories has to be achieved by the virtue of negotiations between the two subjects of the dispute, first and foremost, between the states.
Keywords:
return, restitution, UNESCO, non-judicial means, disputes, negotiations, cultural values, museums, trial, settlement
International courts
Reference:
Nosova E.S.
Influence of the decisions of the Court of Justice of the European Union upon the establishment of the European Union legislation
// International Law and International Organizations.
2016. ¹ 1.
P. 50-59.
URL: https://en.nbpublish.com/library_read_article.php?id=67447
Abstract:
The European Court of Justice was created to resolve legal disputes of the European Union Member States in order to ensure compliance and uniform interpretation of regulations, but with the passage of time, its role has been expanded. Analyzing court cases reviewed by the Court of Justice, the one can see that at some point of its activities, due to the absence of the Constitution, the Court has assumed the role of the legislator, has expanded allotted range of rights and obligations, thus becoming, institutional personal of unprecedented nature. The object of this article is to study the role of the EU Court of Justice in the development of EU law. The subject of research are the rules of EU law,Court decisions, also the author pay attention to the views of prominent Russian and foreign scientists in the field of European law. The methodology of this study are systematic methods, comparative legal and logical analysis. In this paper, the author analyzes the theoretical basis for the existence of this phenomenon in the modern world, and defines the role of the EU Court of Justice in the light of its contemporary judgments. The special contribution of the author in the research topics is the comparative analysis of the positions of authoritative scientists in relation to the actual role of the EU Court of Justice and the impact of its decisions on the establishment and functioning of the European Union as a whole; historical genesis and theoretical basis of the occurrence of this phenomenon, as well as the definition of "judicial activism" through the prism of the concept of judicial decisions of the Court of Justice.
Keywords:
non-discrimination principle, court practice, human rights protection, rule of law interpretation, EU law principles, EU Court of Justice, European union, EU functioning, supremacy of law, direct effect
International non-government organizations
Reference:
Tret'yakova E.S.
The role and importance of the international non-governmental organizations in the development of international law in the second half of the XIX century
// International Law and International Organizations.
2016. ¹ 1.
P. 60-68.
URL: https://en.nbpublish.com/library_read_article.php?id=67448
Abstract:
This article is dedicated to the examination of the role and place of the international non-governmental organizations in the development of international law in the late XIX century, when the active formation of the institutions that ensure international relations has begun. The author determines the key prerequisites for this process and reviews the work of a number of the private legal structures, namely of the Institute of International Law that played a crucial role in the development of the international law of the said period, as well as of Red Cross, Union of Criminal Law, and Penitentiary Congress. It is these non-governmental institutions that allowed establishing the dialogue between the society and the government, and contributed into the advancement of the international law. Basing on the mainly pre-revolutionary materials, the author conducts the historical analysis of the role and importance of the international non-governmental organizations in formation of the norms of international law. The following conclusions were made: by the middle of the XIX century have been formed the conditions for the establishment of the new system of multiple institutions that ensure international relations of the non-governmental nature; some of the international non-governmental organizations made a significant contribution into the advancement of the international law as a whole.
Keywords:
Union of Criminal Law, system of scientific communication, Red Cross, Institute of International Law, international non-governmental organizations, development of international law, XIX century, history of international law, Penitentiary Congress, institutional cooperation
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Kurbanov R.A.
The African integration: historical aspects
// International Law and International Organizations.
2016. ¹ 1.
P. 69-79.
URL: https://en.nbpublish.com/library_read_article.php?id=67449
Abstract:
This article reviews the processes of the regional integration in the African continent and explores the political-legal foundations of the African integrational processes, history of their emergence, factors affecting the development and stagnation of the integrational processes. The impact of the colonial past upon the consolidation of the integrational processes is being analyzed. The author also examines the political prerequisites and the influence of the decolonization upon the integrational processes. This research illustrates the examples of separate integrational formations that have played or continue to play a significant role in the integration of the African state; the impact of geopolitical factors is also being reviewed. The article presents the analysis of the integrational processes in the African continent from the historical perspective; a comparative analysis of the regional coalitions within the continent demonstrated significant differences in the level and intensity of regionalization. It is noted that the history of regional formations in Africa has achieved certain results, however the extremely low level of economy of the majority of the African nations and a constant political crises within the countries do not comprise favorable circumstances for achieving considerable results in the process of the regional integration.
Keywords:
agreement, cooperation, state, colonization, African Union, Africa, economic integration, regional integration, liberalization of market, Lagos plan
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Shebanova N.A.
The system of MERCOSUR for consideration of disputes: the history of its establishment and the foundations of functioning
// International Law and International Organizations.
2016. ¹ 1.
P. 80-104.
URL: https://en.nbpublish.com/library_read_article.php?id=67450
Abstract:
The subject of this research is the establishment of the system of dispute settlement that emerges in the relations of public or private nature within the Latin American integration union MERCOSUR. It is a known fact that the task of the modern international economic integrations is the achievement of certain success in the process of combination of the economies of the member-states, the unification of the foreign policy, collaboration of the national economies. A quite significant role belongs to the system of regulation of conflict situations that appear between the states – members of the integration, as well as between the private parties. Namely this system has to appropriately react to the stages of economic development, ensure adherence to the norms of integration and their unified interpretation. The author concludes that the detailed analysis of the international documents enacted on various stages of development of the integration union, allows following the phases of establishment of this system, determining institutional structures involved into the dispute settlement, and examining the questions of their competency based on the currently existing judicial practice.
Keywords:
advisory opinion, compensatory measures, exclusive competency, Review Court, arbitration ad hoc, institutional structure, integration union, MERCOSUR, jurisdiction, administrative and labor court
HISTORY OF INTERNATIONAL LAW AND INTERNATIONAL ORGANIZATIONS
Reference:
Smirnova E.S.
Institutional formalization of the relations of the Slavic people in Europe in the context of history and law
// International Law and International Organizations.
2016. ¹ 1.
P. 105-113.
URL: https://en.nbpublish.com/library_read_article.php?id=67451
Abstract:
The subject of this research is the certain aspects of creation of international organizations of the Slavic people from the perspective of the history of law, as well as the work of the contemporary public organizations and parties. This article reviews the role of congresses of the Slavic people which were held in the XIX centuries in Central Europe and Moscow; the participation of Russian in this process is also being examined. Attention is given to the “European vector” of the strengthening of intergovernmental relations in the area of cooperation of the Slavic people, as well as to the role of the inter-parliamentary collaboration between Russian and Belarus. The main conclusion consists in the thesis about the necessity of taking into account of the historical and international-legal institutional approaches towards the research of the consolidation process of the Slavic people throughout the XIX-XX centuries. The international organizations of the Slavic unity differ by their goals and the number of members. At the same time, the importance of Russia as a nation that has specific, objectively justified relations with the Slavic nations of Central and Eastern Europe, is growing. The current state of the work of public organizations and political parties in this direction requires revision of the entire complex of the relations with the neighboring countries for the purpose of establishing peace and neighborliness.
Keywords:
leadership, policy, history, unity, cooperation, organization, Russia, Slavic people, Institute, law
HISTORY OF INTERNATIONAL LAW AND INTERNATIONAL ORGANIZATIONS
Reference:
Lobanov S.A.
The establishment of the normative and constitutional grounds of criminal responsibility for the war crimes: to the question of periodization
// International Law and International Organizations.
2016. ¹ 1.
P. 114-135.
URL: https://en.nbpublish.com/library_read_article.php?id=67452
Abstract:
This article examines the evolution of development of the norms on criminal responsibility for the war crimes and its constitutional-legal mechanism. The author presents periodization of this process, taking into account the essential changes of the juridical technique of criminalization of the war crimes, as well as the order of concretization and realization of the criminal responsibility for committing them. The work demonstrates the correlation between the establishment of the norms and mechanism of criminal responsibility for the war crimes with the evolution of development of the national and international legal systems, as well as with the strengthening of interrelation between them under the current circumstances. The beginning of the contemporary period of the reviewed evolutional process is linked to the work and decision of the Nuremberg trials, and in the 1990’s we can observe the new trends associated with diversification of the branches of the international criminal justice, development of the process of the national-legal implementation of international obligations, and the establishment of the system of collaboration of the national and international law enforcement agencies in the area of criminal responsibility for the war crimes.
Keywords:
criminal proceedings, criminal responsibility, periodization, military criminal law, international law, national law, international criminal justice, war crimes, national criminal justice, military court