INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Nurulin A.
International legal aspects of integration
// International Law and International Organizations.
2017. № 2.
P. 1-15.
DOI: 10.7256/2454-0633.2017.2.22951 URL: https://en.nbpublish.com/library_read_article.php?id=22951
Abstract:
The subject of this article is the general trends in development of international legal studies of transnational integration on the example separate works of the Russian and foreign scholars in the area of international law. Currently, the international scholars actively research the aspects of international integration. The article briefly describes the development of scientific approaches towards international integration of the domestic school of international law. The provided in the article studies contain various concept and approaches, which must be developed under the conditions of global challenges. The author analyzes and compares the positions of international law scholars as the representatives of domestic, as well as foreign schools. International integration is viewed as a consistent process of development of international relations and intrinsic part of the globalization phenomenon. The author believes that it reasonable to distinguish the international integration law as a subsystem of the public international law to establish the system of knowledge for the purpose of identification the optimal mechanisms to respond to the global challenges.
Keywords:
law of integrational communities, integrational communities, international integration law, regional international law, global government, globalization, integrational law, international integration, development of international law, fragmentation of international law
REGIONAL ASSOCIATIONS AND UNIONS
Reference:
Vladykina A.
To the question of jurisdiction of ECOWAS Court of Justice
// International Law and International Organizations.
2017. № 2.
P. 16-23.
DOI: 10.7256/2454-0633.2017.2.22184 URL: https://en.nbpublish.com/library_read_article.php?id=22184
Abstract:
This article is dedicated to the issues that emerged due to the uncertain competence of the Economic Community of West African States (ECOWAS) and jurisdiction of the ECOWAS Court of Justice. The author raises a question of “legislative” authorities of supranational organizations, conducts a comparative analysis with the European system of protection of human rights, as well as thoroughly reviews the demarcation of competences using the example of European Union. The work also analyze the constitutional document of ECOWAS, additional protocols, and judicial practice of ECOWAS Court. The author provides statistical data that confirm inefficiency of the African Court of Human and People’s Rights, and touches upon the question of parallel jurisdiction of the ECOWAS Court in the area of human rights and African Court. The article demonstrates the presence of complex and contradictory issues, which resolution affects the further work of ECOWAS Court as a quasi-judicial agency on protection of human rights. In order to solve such issues, the participant countries must agree on including the condition about the depletion of domestic funds of legal protection into the additional protocol of ECOWAS Agreement.
Keywords:
African Charter, Sub-regional community, Regional system, Fragmentation, ECOWAS Court of Justice, Jurisdiction, African Court of Human and People’s Rights, EU Court, ECOWAS, Protection of human rights
REGIONAL ASSOCIATIONS AND UNIONS
Reference:
Kurbanov R.A.
ECONOMIC COMMUNITY OF GREAT LAKES COUNTRIES
// International Law and International Organizations.
2017. № 2.
P. 24-42.
DOI: 10.7256/2454-0633.2017.2.23090 URL: https://en.nbpublish.com/library_read_article.php?id=23090
Abstract:
The article discusses various aspects of the organization Economic Community of Great Lakes Countries (CEPGL), its institutional structure, history of creation, the impact of its activities on the national legislation of member States, key projects which were already implemented. The Economic Community of Great Lakes Countries (CEPGL) is a sub-regional organization, in which cooperation concerns the issues of economic and social integration, security of member States. The parties shall coordinate and harmonize their activities in different spheres of financial and commercial activities, interaction in science, education, culture and tourism. CEPGL includes countries with different energy resources. For example, the Democratic Republic of Congo (Zaire) is rich in resources, while Rwanda and Burundi are characterized by their absence. A similar ratio can be observed in many other areas of life (natural resources, arable land, etc.). Research methods are scientific methods of cognition: dialectical, analysis, synthesis, comparison and analogy, as well as methods.
Keywords:
Africa region, Belgian Africa, East Africa, the Great lakes region, sub-regional cooperation, regional law, national law, international regional organization, International law, sub-regional integration
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Zhelin'ska E.
Council of Europe Convention on preventing and combating violence against women and domestic violence; its general evaluation and the importance of membership of the Polish Republic (continuation).
// International Law and International Organizations.
2017. № 2.
P. 43-63.
DOI: 10.7256/2454-0633.2017.2.21060 URL: https://en.nbpublish.com/library_read_article.php?id=21060
Abstract:
This article examines various questions pertaining to the Council of EuropeConvention on preventing and combating violence against women and domestic violence.In particular, the author reviews the process of development of the aforementioned act, itsstructure, main positions, and other aspects. The work also studies the fundamental definitionsused by this act (the notion of domestic violence, gender, as well as criminal qualificationof the domestic violence). The attention is focused on the comparative-legal and formal-legalmethods of research. This act of the Council of Europe is yet to be examines within theRussian juridical science, which substantiates the relevance and novelty of this work. Theauthor is also interested in the experience of implementation of the normative documents ofthe Council of Europe into the national legal order of Poland, as well as the law enforcementaspect of the material. The scientific novelty consists in examination of the questions ofdevelopment of this act, its genesis and the influence of the positions of various states uponthe establishment of this legal text.
Keywords:
Law enforcements, Development, Protection of women, National law, Membership, Implementation, Poland, Domestic violence, Convention, Council of Europe
International non-government organizations
Reference:
Trubitsyna Y.Y.
Some issues of international cooperation in the fight against match-fixing
// International Law and International Organizations.
2017. № 2.
P. 64-68.
DOI: 10.7256/2454-0633.2017.2.22702 URL: https://en.nbpublish.com/library_read_article.php?id=22702
Abstract:
Maintaining the values of fair play is the main goal of all international sports federations and sports in General. Match-fixing and other manipulations of sports results remain a serious problem, despite major progress in global fight against offenses in the sport. In this activity involved not only States as the main subjects of international law, but also the various sports federations such as FIFA, UEFA, ITF, WTA, ATP, as well as the European sports security Association (ESSA) and the organization of the anti-corruption Tennis Integrity Unit (TIU). On the mechanisms of the fight against match-fixing forces of these organizations will be discussed in this article. The methodology of the article is presented in the form of a complex of the scientific method, which is presented in the form of private methods - empirical, formal-logical, systemic-structural, formal legal. The main result of this work lies in the analysis of activity of the aforementioned non-commercial organizations in the field of fight against match-fixing, as well as identificatiion within its framework of the most efficient forms of cooperation with the actors of international law that manifests as relevant in the conditions of incidence of such legal violation in sport.
Keywords:
tennis, football, Tennis Integrity Unit, ESSA, UEFA, FIFA, fair play, match-fixing, manipulation, International Olympic Committee
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Kasyanov R.A., Aliev D.M.
Key stages of the establishment of Common European Asylum System
// International Law and International Organizations.
2017. № 2.
P. 69-79.
DOI: 10.7256/2454-0633.2017.2.22759 URL: https://en.nbpublish.com/library_read_article.php?id=22759
Abstract:
This article examines the question of establishment of the Common European Asylum System. Migration crisis that faced the EU member-states mostly with high level of living standards, demonstrated that there is no solution at the national level. Due to this fact, there is a need for creation of the universal strategy of providing asylum across the entire European Union. The authors analyze the development of idea of the general European approach towards ensuring the international protection and consolidation of tasks on establishment of the Common European Asylum System in the bills of primary and secondary law of EU. Separate attention is given to various programs on the questions of ensuring asylum and development of the European law in this area. The conclusion is made that EU actions in the field of regulation of asylum policy manifests as a complex of measures of the European Union and its member-states aimed ad establishment of the Common European Asylum System. The authors also highlight the key issues and difficulties that impede the completion of establishment of such system.
Keywords:
Work migration, European law, International security, European integration, Foreign policy, Multilateral institutions, International law, Migration policy, Refugees, European Union
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Pashkovskaya I.G.
On results of realization by the EU member-countries of the Recommendation of EU Commission of January 22, 2014 on the minimal principles of exploration and extraction of hydrocarbons (such as shale gas) using high-volume hydraulic fracturing
// International Law and International Organizations.
2017. № 2.
P. 80-94.
DOI: 10.7256/2454-0633.2017.2.23049 URL: https://en.nbpublish.com/library_read_article.php?id=23049
Abstract:
The subject of this research is the level of realization by the EU member-countries of the Recommendation of EU Commission of January 22, 2014 on the minimal principles of exploration and extraction of hydrocarbons (such as shale gas) using high-volume hydraulic fracturing. The object is the activity of the eleven EU member-states: Austria, Great Britain, Hungary, Germany, Denmark, Spain, Lithuania, Netherlands, Poland, Portugal, and Romania that expressed the intention towards development of shale gas production in the field of exploration and extraction of shale gas using the high-volume hydraulic fracturing. The author thoroughly examines such aspects of the topic as the minimal principles necessary to comply with for the EU member-states in realization of exploration and extraction of hydrocarbons using the high-volume hydraulic fracturing, which consists it: prevention of the occurrence of threat to people’s health; ensuring freedom for distribution of information; provision of highest level of information awareness for large public. Special attention is given to the study of the EU Commission Report to the European Parliament and EU Council about the effectiveness of Recommendation 2014/70/EU on the minimal principles of exploration and extraction of hydrocarbons (such as shale gas) using high-volume hydraulic fracturing of December 15, 2016. The conclusion is made that such principles of EU Commission Recommendation are mostly implemented in Great Britain, and lesser in Poland. This is an innovative research, the results of which represent large practical importance for the Russian energy policy with regards to the EU member-state and EU as a whole. The scientific novelty consists in identification of the stalemate situation that has established within the EU member-states concerning the exploration and extraction of shale gas using the high-volume hydraulic fracturing despite the bright outlook of shale gas production in the EU based on the evaluation data about the extensive stocks of shale gas concentrated in some European regions.
Keywords:
Hungary, Great Britain, Austria, production of shale gas, EU member-states, European Union, Germany, Denmark, Spain, Lithuania