Development of separate branches of international public law
Reference:
Krivenkova M.
Forms of International Organizations' Non-Material Responsibility
// International Law.
2012. ¹ 1.
P. 1-15.
DOI: 10.7256/2306-9899.2012.1.367 URL: https://en.nbpublish.com/library_read_article.php?id=367
Abstract:
The article considers some peculiarities of bringing international organizations to non-material forms of intarnational responsibility. Special attention is paid to the project of the Articles on Responsibility of International Organizations, which were developed by the UN International Law Commission. The author proposes to distinguish such forms of non-material responsibility as restoration, satisfaction, assurances and guarantees of non-repetition. Within each of these forms the author evaluates specific types of responibility of states in violations of their obligations, arising from legal relations.
Keywords:
immaterial responsibility, restoration, satisfaction, restitution, compensation, guarantee of non-repetition, international organization, offence, victim, form of responsibility
Development of separate branches of international public law
Reference:
Sazonova K.L.
International Responsibility of States: Problems And Perspectives
// International Law.
2012. ¹ 1.
P. 16-25.
DOI: 10.7256/2306-9899.2012.1.371 URL: https://en.nbpublish.com/library_read_article.php?id=371
Abstract:
This article examines one of the least regulated institutions of modern international law- the institute of the responsibility of international intergovernmental organizations. This institution is not codified properly, there is only a Draft articles on responsibility of international organizations 2006, which was launched in 1963 as a codification of customary law.An important aspect is the specific legal personality of organizations, which is derivative and special, which affects the issues of responsibility. The author focuses on the history of formation and codification guidelines and standards related to the international legal responsibility of the organizations. The article compares the characteristics and specificity of the responsibility of international organizations in comparison with states responsibility, and also the reasons for international responsibility of organizations.The author analyses the implementation of international responsibility in cases when there is a functional relationship between an international organization and its officials, as well as situations where the state is the co-perpetrator of the international crime with the international organization.
Keywords:
the UN, codification, branch, international law, responsibility, international organizations, bases, states, legal competence, norms
International law and national law
Reference:
Fardeeva I.N.
The Role of the Russian Federation Constituents in Cross-Border Cooperation with the European Union
// International Law.
2012. ¹ 1.
P. 26-35.
DOI: 10.7256/2306-9899.2012.1.496 URL: https://en.nbpublish.com/library_read_article.php?id=496
Abstract:
Cross-border cooperation is a new trend in development of trade and economic relations of Russia. The author of the article underlines the special role of the Russian Federation constituents in cross-border cooperation with the European Union member states. Based on the author, such cooperation can be even called the 'trans regional' cooperation. However, no matter how important this cooperation is, it is still not legally fixed. Based on the Cross-Border Cooperation Conception, the author shows which definition of cross-border cooperation can be used by law makers.
Keywords:
cross-border cooperation, Russian Federation constituents, Russian legislation, European Union, euro region
Soft law
Reference:
Babin B.
Programmatic Regulation in Modern International Law: Theoretical Problems and Practical Experience
// International Law.
2012. ¹ 1.
P. 36-75.
DOI: 10.7256/2306-9899.2012.1.373 URL: https://en.nbpublish.com/library_read_article.php?id=373
Abstract:
The article is devoted to the analysis of problem of the status of the international legal programs in a modern international law. Using historical, comparative, formal legal methods, with a help of programmatic regulation concept some theoretical problems of international law are decided. The evolution of the programmatic acts as international relations' regulators is researched, also the common normative peculiarities of programmatic regulation and its specification in a context of development and modernization are distinguished. The improving of programmatic regulation into the international law is researched in a frame of the source and form problems in international law and with question of programness of its norms. The peculiarities of multilateral interstate programs and bilateral interstate, intergovernmental and interbody programs also as programmatic regulation in the international organization activities are researched. The thesis on international programs as a specific source of modern public international law is proposed and grounded. Article’s summary may be used for development of international legal doctrine and in international legal creation and improving practices.
Keywords:
international programs, international norms, sources of law, international programs, intergovernmental programs, interderpartmental programs, international organizations, program implementation, realization of programs, program regulation
History of international law
Reference:
Grigor'eva O.G.
Participation of the USSR in Formation of International Grounds for Legal Assistance in Civil Affairs
// International Law.
2012. ¹ 1.
P. 76-115.
DOI: 10.7256/2306-9899.2012.1.349 URL: https://en.nbpublish.com/library_read_article.php?id=349
Abstract:
The article describes the genesis of participation of the Soviet Union in formation of international grounds of legal assistance in civil affairs which was conditioned by the development of international relations, integration processes and other objective reasons. The author of the article describes the USSR participation in activities conducted by such international organizations as the League of Nations and United Nations (since 1945). The author also analyzes the prerequisites for the USSR joining the Hague Convention of of 1954 (on Civil Procedural Issues) in 1967 and the Hague Convention of 1961 (Abolishing the Requirements of Legalization for Foreign Public Domains) in 1991. The author shows the important influence of the Council for Mutual Economic Assistance on development of legal cooperation between socialistic countries. The author also studies the process of developing a many-sided convention on international legal assistane of the countries of people's democracies and analyzes the reasons why that convention was not adopted.
Keywords:
international law, legal cooperation, League of Nations, United Nations, international treaty, socialistic countries, Soviet Union, international relations, international standards, Hague Conventions