Citations count: 7
Reference:
Sazonova K.L. —
International law and Ukrainian conflict: what was, what will be, and what the heart shall find its rest in.
// International Law.
– 2014. – ¹ 1.
– P. 1 - 15.
DOI: 10.7256/2306-9899.2014.1.11666 URL: https://en.nbpublish.com/library_read_article.php?id=11666
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Abstract:
The Ukrainian crisis has been the subject of much discussion in the latest months. A large amount of information is provided, and the special attention is paid to the international legal aspects of the situation. At the same times, the references to the international law are being rather frivolous and they lack clear substantiation. Such references with rather relative understanding of the situation serve as grounds for speculations with international legal categories and terms. It seems necessary to clarify international stereotypes regarding international legal aspects of the Ukrainian events, which have formed in the latest months in the information zones both in Russia and abroad. The article uses materials and comments of both Russian and foreign international law scholars and politicians regarding the Ukrainian conflict within the framework of international law. The article may be divided into two relative parts. Firstly, the author generalizes the most popular techniques for the speculations with the term "international law" in the information sphere in the latest months. Then, the article provides legal evaluation of the six most popular international law theses regarding Ukraine and Crimea situation. Additionally, the author discusses the possible influence of the Ukrainian events on the further development of international law.
Citations count: 4
Reference:
Ditsevich Y.B., Kolobov R.Y. —
Potential of the Convention concerning the Protection of the World Cultural and Natural Heritage for resolution of environmental problems of the world heritage site “Lake Baikal”
// International Law.
– 2020. – ¹ 4.
– P. 11 - 24.
DOI: 10.25136/2644-5514.2020.4.34727 URL: https://en.nbpublish.com/library_read_article.php?id=34727
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Abstract:
This article reflects certain results of the research conducted within the framework of implementation of the scientific project No.0-011-00168, supported by the Russian Foundation for Basic Research, dedicated to comprehensive analysis of the international legal regimes for the protection of Lake Baikal. Emphasis is placed on the protection regime of the world heritage, realized on the basis of the cognominal convention. Recognition of the role played by the mechanisms for protection of the World Heritage in conservation of the unique ecosystem of Lake Baikal, the authors note that within the framework of Convention concerning the Protection of the World Cultural and Natural Heritage there are promising mechanisms that are currently did not receive due reflection with regards to protection of the lake. Such instruments include the list of world heritage sites that are under a threat; development of the plan for maintaining the world heritage site; strategic environmental assessment of planned activity that may negatively impact the site. The conclusion is made on the need for implementation of the following international legal mechanisms with regards to protection of Lake Baikal: inclusion of Lake Baikal into the list of world heritage sites that are under the threat, upon the initiative of the Russian Federation in case of construction of hydroengineering structures by Mongolia on the Selenga River without taking into account the priorities for preservation of the lake ecosystem; elaboration of the plan for protection of Lake Baikal as the world heritage site. The author also underlines the need to develop the plan that would become the means for harmonization of various legal regimes that ensure protection of the Lake Baikal. Attention given to the approaches towards assessing the impact upon the environment existing within the system of protection of world heritage. It is suggested to consider the recommendations of the International Union for Conservation of Nature and Natural Resources to conduct such assessment on World Heritage sites.
Citations count: 3
Reference:
Lisauskaite V.V. —
Goals of the United Nations strategic development and international protection from disaster: correlation and implementation
// International Law.
– 2020. – ¹ 3.
– P. 19 - 31.
DOI: 10.25136/2644-5514.2020.3.33194 URL: https://en.nbpublish.com/library_read_article.php?id=33194
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Abstract:
The subject of this research is the international relations on accomplishment of sustainable development goals, taking into account the risks of disasters and remedy against them. The object of this research is several documents: United Nations General Assembly Resolutions “Our Changing World: Agenda on Sustainable Development until 2030”, Sendai Framework for Disaster Risk Reduction 2015, Paris Agreement on Climate Change 2015. Detailed analysis is conducted on the provisions of the indicated documents in the context of their interrelation for effective implementation. Special attention is dedicated the impact of disaster risk upon sustainable development goals, namely their accomplishment. The following conclusions were formulated: sustainable development goals represents basic trends for development of each country and global community as a whole; they are directly related to less significant problems that trying to be resolved by joint efforts of the global community (protection from disasters and climate change). These three block represent the equilateral sides of a triangle of international relations, realized for the purpose of harmonious development of modern civilization. The author’s special contribution lies in correlation of the particular provisions of aforementioned documents, and in schematic interpretation of such correlation. The novelty lies in the fact that the science of international law usually reviews these documents separately from each other, just mentioning their interrelation. The author reflect the approach that is being currently implemented by specific practitioners on elaboration of indicators of interrelation between sustainable development goals and disaster risk reduction.
Citations count: 3
Reference:
Kolobov R.Y., Ditsevich Y.B. —
The issues of international legal protection of the Lake Baikal: results of the 44th session of the World Heritage Committee
// International Law.
– 2021. – ¹ 3.
– P. 26 - 39.
DOI: 10.25136/2644-5514.2021.3.36699 URL: https://en.nbpublish.com/library_read_article.php?id=36699
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Abstract:
The subject of this research is the decisions made at the 44th session of the World Heritage Committee in the matter of conservation of the World Heritage Site – Lake Baikal. Using the scientific methods of analysis, synthesis, etc., the author carries out in-depth analysis of the content of documents approved at the 44th session of the World Heritage Committee regarding the Lake Baikal held in July 2021, within the framework of which the international community estimates the discharge of obligations by the Russian Federation concerning the preservation of ecosystem of the Lake Baikal. The goal of this article is to explore and offer solutions to certain problematic aspects of international legal protection of the Lake Baikal in the context of discussion unfolded at the 44th session of the World Heritage Committee. The article examines the legislative changes in regulation of the various groups of social relations in the Central Ecological Zone of Lake Baikal and its islands, and formulates recommendations for their improvement. The author determines the non-systemic nature of legal regulation in this sphere, and this, inability to forecast changes in the regime of legal protection of the Lake Baikal. For solution of the indicated issue, the author formulates the proposal on the need to develop and approve the long-term management plan for the World Heritage Site “Lake Baikal” using approaches of the bodies of the system of world heritage protection. The development of such plan would be facilitated by extension of the umbrella regime of the listed territory to the Central Ecological Zone of Lake Baikal and its islands, as well as by creation of single administration that would also control other listed territories that are part of it. Analysis is conducted on the topical issues related to conservation of the Lake Baikal ecosystem, which were outlined at the 44th session of the World Heritage Committee. The author suggests a number of amendments to the federal legislation aimed at strengthening the national legal protection of World Heritage Sites.
Citations count: 3
Reference:
Kitsmarishvili D.E. —
The concept, subject and role of international debt law within the system of international economic law
// International Law.
– 2019. – ¹ 4.
– P. 69 - 80.
DOI: 10.25136/2644-5514.2019.4.31355 URL: https://en.nbpublish.com/library_read_article.php?id=31355
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Abstract:
This article analyzes the concept, subject and role of international debt law (IDL) within the system of international economic law; examines the specificity of the subject of IDL; classifies legal relations falling under the subject of international debt law; lists special regulatory principles of the international debt legal relations. The author also examines the question of interrelation between IDL and international credit law, international; budget law, law on international economic aid, and developmental law. In conclusion, the author formulates the definition of IDL, which implies the set of international legal principles regulating the relations: with regards to defaulted (overdue) sovereign debt; debt restructuring (discharge); financial control over fulfilling debt obligations of the countries; debt succession and redemption (including resolution of debt disputes): as well as with regards to anti-crisis “debt” relief. The international debt law is viewed as an institution of one of the sub-branches of international economic law – the international financial law. As an independent institution, the international financial law closely interacts with the international budget law, law on international economic aid, as well as international developmental law.
Citations count: 3
Reference:
Babin B. —
The right to development as a global right: international and national dimensions.
// International Law.
– 2013. – ¹ 2.
– P. 67 - 84.
DOI: 10.7256/2306-9899.2013.2.5108 URL: https://en.nbpublish.com/library_read_article.php?id=5108
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Abstract:
The article includes analysis of the categories of development, right to development and sustainable development within the framework of international relations. The comparison between the said categoreis and international program acts and regulators allows one to state that these phenomena are interconnected. The article contains references to regulatory support of development, right to development and sustainable development in the international treaties, declarations and program acts of the UN. It is pointed out that the right to development is an integral part of both human rights and the rights of peoples, and it requires a collective bearer (subject). It is proven that the nations taking part in international relations (as well as indigenous nations) are bearers of the right to development. It is pointed out that implementation of rights to development and sustainable development requires both the international cooperation and implementation of international program regulators in the national legal systems. It is recognized that responsibility of states for the implementation of right to development presupposes the need for program regulation of sustainable development in international law and constitutional law, the author also shows the negative features of existing practice.
Citations count: 2
Reference:
Panov F.Y. —
EU Restrictive Measures with Respect to third States and their Residents (the Case of the Russian Federation)
// International Law.
– 2022. – ¹ 3.
– P. 54 - 65.
DOI: 10.25136/2644-5514.2022.3.38850 EDN: RIKRRX URL: https://en.nbpublish.com/library_read_article.php?id=38850
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Abstract:
The historical development of the practice of applying restrictive measures (sanctions) has led to a transition from the idea of their application against States to the concept of their application against individual private law entities. The article examines the historical practice of applying sanctions against Russia and the prerequisites for their application against private law entities. The author gives a general description of the restrictive measures of the European Union used against third States and individuals. In addition, the article examines the specifics of the restrictive measures of the European Union that have been in force against Russia since 2014, taking into account their significant expansion that occurred after February 24, 2022. The legal regulation of the European Union, which establishes restrictive measures against the Russian Federation, was significantly expanded and revised after the announcement by the President of Russia about the beginning of a special military operation in Ukraine. As a result of the analysis of this regulation, the author comes to the conclusion that at the moment there is a hybrid sanctions regime in the European Union, when targeted sanctions against individuals are combined with comprehensive restrictive measures against a number of sectors of the Russian economy. The article also assesses the compliance of restrictive measures of the European Union with modern concepts of "smart" and "targeted" sanctions, which, according to the supporters, should reduce the negative humanitarian consequences of the use of restrictive measures. Despite the official statements of the European Union, the article presents arguments that allow us to conclude that in practice such "smart" and "targeted" sanctions are accompanied by indiscriminate comprehensive restrictions that apply not only to sanctioned persons, but also, in principle, to any Russian persons.
Citations count: 2
Reference:
Shinkaretskaia G.G. —
Legal means of protection of the interests of the state from infringements by an international organization.
// International Law.
– 2014. – ¹ 2.
– P. 46 - 63.
DOI: 10.7256/2306-9899.2014.2.11640 URL: https://en.nbpublish.com/library_read_article.php?id=11640
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Abstract:
The article contains analysis of the capabilities of the state or its courts for challenging the acts of international organizations. If the interests of the state as such are violated, it uses organs of an organization or international judicial procedures. The tendency for challenging the activities of such an organization in the national court in cases, when the rights of citizens or legal entities are violated, is developing. However, the principle of immunity often precludes such challenges.
The author draws a conclusion that the attitude of national courts towards the acts of international organizations generally does not depend upon the attitude of state towards introduction of the international law into its legal system. The national courts generally recognize authonomy of the two systems, and sometimes they apply the same approach to the international law and to the application of foreign law. National courts have not yet developed an unified approach towards the immunity of the international organization and the need to take it into account when challenging the decisions of such an organization. The following approach is noted: while the request for review of the act of the international organization is not the same matter with the claim to this organization, where the immunity should apply at the full scale, still immunity should be considered. Nevertheless, there is recognition for the fact that formally following the idea of immunity may lead to negative consequences to the people searching for justice.
Citations count: 2
Reference:
Vinogradova P.A. —
The principles and norms of international law as the basis of jurisdiction of the Russian judicial authorities
// International Law.
– 2016. – ¹ 2.
– P. 14 - 25.
DOI: 10.7256/2306-9899.2016.2.18860 URL: https://en.nbpublish.com/library_read_article.php?id=18860
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Abstract:
The subject of this research is the questions of jurisdiction of disputes to the judicial authorities of the Russian Federation. The main goal of this work is the examination of jurisdictional elements of the judicial branch. One of the factors of approaching jurisdiction of one or another court is the presence of circumstances conducing fairness of judgment. The choice of jurisdiction is substantiated by recognition of the authority of the resolution court by the participants of the process. It is also affected by the definition of criteria, which allow comparing the subject of the dispute with the questions attributed to the jurisdiction of national authorities, as well as the conditions for its resolution of international institutions. A subsidiary role of the intergovernmental authorities on the protection of human rights It is generally recognized. Codification of such role within the international law allowed demarcating the competency of the national and international judicial institutions. At the same time, it was followed by various interpretation of this role, as well as by the excessive interference into the domestic affairs of the sovereign states. The results of this research allow the author to substantiate a thesis on correspondence of the authority of the branches of judicial power of the Russian Federation on questions pertaining to state political system with the principles and norms of international law.
Citations count: 2
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
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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.
Citations count: 2
Reference:
Agapov I.O. —
On the issue of lobbying in the European Union
// International Law.
– 2015. – ¹ 3.
– P. 112 - 127.
DOI: 10.7256/2306-9899.2015.3.15150 URL: https://en.nbpublish.com/library_read_article.php?id=15150
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Abstract:
The subject of this research is the actively growing regime of regulation of relations between representatives of interests (lobbyists) and institutions of the European Union. A special attention is given to the novelties of the agreement between European Parliament and European Commission signed on April 15, 2014 on Transparency Register of organizations and self-employed individuals involved in development and realization of EU policy. The author highlights the problems faced by the European legislator in an attempt to regulate lobbying through the system of voluntary registration, as well as obstacles standing in the way of creating a mandatory registry based on the US model. The main conclusion of this research is detection of the problem in the legal foundation of creating an EU system of mandatory lobbyist registration, which consists in the lack of clear authority of the EU institutions to impose corresponding responsibilities upon private parties and organizations that are not part of the “European administration”. Due to this fact the author proposes several versions of solution to this problem, including use of the “doctrine of implied authority”.
Citations count: 2
Reference:
Primov M.N. —
International Legal Regulation of the Use of Landmine Weapons: Classification Problems
// International Law.
– 2023. – ¹ 1.
– P. 10 - 26.
DOI: 10.25136/2644-5514.2023.1.39887 EDN: GLGQTV URL: https://en.nbpublish.com/library_read_article.php?id=39887
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Abstract:
The article notes the increased urgency, due to the significant aggravation of the international situation, of solving problems related to the use of landmine weapons, the victims of which are not only military personnel, but also civilians. Despite the considerable efforts made over a long time and the agreements reached, the mine problem is still far from being resolved. Peaceful initiatives related to the implementation of the basic principles of international humanitarian law, its improvement, are still the main direction of activity of the modern State, which meets the basic needs of citizens, the purpose of which is to resolve conflicts at all levels. In modern conditions, peace initiatives that implement and develop previously reached agreements, including on the use of landmine weapons, are of particular importance. In this article, based on a comparison of the definitions of this weapon, the established restrictions, prohibitions on its use used in the two main acts of international humanitarian law on the mine problem, it is proposed to solve the issue related to the classification of landmine weapons used in the treaties, including anti-personnel mines. It seems obvious that the solution of this issue, the use of definitions that are uniform for treaties on similar issues, is an important initial condition that allows for objective control over the implementation of international agreements.
Citations count: 2
Reference:
Butakova Y.S. —
The peculiarities of English civil procedure
// International Law.
– 2021. – ¹ 1.
– P. 54 - 69.
DOI: 10.25136/2644-5514.2021.1.34795 URL: https://en.nbpublish.com/library_read_article.php?id=34795
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Abstract:
Each year in Russia, hundreds of thousands of agreements are concluded under the jurisdiction of English law, more precisely the law of England and Wales. Hundreds of transactions are structured in accordance with English law, and thousands of prenuptial agreements are concluded in compliance with English law. What is the reason for such high demand for English law? Is English justice better than Russian – most humane and fair in the world? The aforementioned questions are the subject of this research. The goal is to examine the peculiarities and stages of the English legal procedure, determine its strong sides, as well assess the possibility of their implementation into the Russian procedural realities. The relevance of the selected topic is substantiated by its novelty and insufficient study in the Russian scientific environment (the period from 2008 to the present marks virtually no research dedicated to English legal procedure. Research methodology consists of the theoretical methods, namely the analysis of primary sources of English court rulings, as well as theoretical explorations of a number of English and American authors. The conclusion is made on possibility and desirability of implementation of the experience of English justice into the Russian legal procedure in regard to circumventing the rule of prejudice, abuse of right while filing an appellate complaint, and violations of the arbitration clause by the parties.
Citations count: 2
Reference:
Gidirim V. —
Taxation of controlled foreign companies: the international practice.
// International Law.
– 2014. – ¹ 4.
– P. 42 - 140.
DOI: 10.7256/2306-9899.2014.4.10986 URL: https://en.nbpublish.com/library_read_article.php?id=10986
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Abstract:
Multinational companies resident in the states with high taxes, wishing to lower the tax burden in the group of companies as a whole, become involved in the complex international tax planning. They have two goals: on one hand to lower the source taxes at the investment states, and on the other hand to lower the income tax in state of their residency. The latter is a complex of activities for the diversion of income from the states, where the profit is earned to the third party states (also called intermediary states), where the profits are accumulated and then distributed in the state, where the investor is situated. The third party states may be offshore jurisdctions and states with favourable holding regimes. The state of residency of an investor does not wish to accept this situation as it is, and it is interested in legislative limitations to such practices. The state of residency of the investor (e.g. a multinational company or a wealthy individual) is interested in counteractions against the attempts of such a resident to gain maximum delay in taxation of incomes earned. Such a delay is possible by so-called "parking" of passive incomes in the foreign jurisdictions with low taxes without distribution of such incomes into the state of residency of a resident. The resident state may achieve it by various taxation mechanisms for the non-distributed incomes of foreign controlled companies (well0known as CFC (Controlled Foreign Company) rules). In this article the author studies the CFC rules, which exist and are applied for decades by now in the states with high taxes, first of all, in the OECD states. The studies include defining the spheres of application of such norms, means of identification of foreign companies, whose tax basis should be included into the taxable basis of the parent company, the procedure for calculation of the tax basis, popular exceptions, as well as the modern international practices of developed states in this sphere. Currently the Russian tax legislation provides virtually no anti-avoidance norms, preventing the above-mentioned practices for the transfer of the tax basis abroad. However, after the Budget Address of the President of the Russian Federation in December of 2013, the Ministry of Finances of the Russian Federation has announced its intention to introduce the rules similar to CFC, that is, the norms on controlled foreign companies, into the Russian tax legislation. In this article for the first time in the Russian legal science the author provides comprehensive analysis of the CFC rules, which are popular abroad. In this sense the contents of the article may provide the interested readers with the necessary context, within which the Russian tax rules on CFC shall be developed and further applied.
Citations count: 2
Reference:
Smirnova E.S. —
The problem of stay of the foreign citizens in the state territory and the issues regarding their security guarantees.
// International Law.
– 2013. – ¹ 2.
– P. 39 - 66.
DOI: 10.7256/2306-9899.2013.2.676 URL: https://en.nbpublish.com/library_read_article.php?id=676
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Abstract:
The article concerns international legal cooperation in the sphere of the human rights, which is aimed towards legalizing of the refugee status from the standpoint of the history of the last decade of XX century. The author shows the perspectives of cooperation among the different states and regions on this sphere. She also studies the development of Russian national law on refugee status and its correspondence with the international legal standards. It is stated that the maintenance of migration problems requires cooperation among the Eurasian states. She studies the legislation of the foreign states and its compliance with the legal norms, as well as the UN documents on refugee status, and on migration on international and regional levels. The author states that migration problems are currently among the key security issues at national, regional and international levels. Due to this fact, she offers to search for coordinated solutions at national, regional (with the frameworks of the European Union and the Council of Europe) and universal levels.
Citations count: 2
Reference:
Eremina N., Seredenko S. —
The double life of international crimes: examining the issue and terminology
// International Law.
– 2015. – ¹ 2.
– P. 1 - 52.
DOI: 10.7256/2306-9899.2015.2.14485 URL: https://en.nbpublish.com/library_read_article.php?id=14485
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Abstract:
The subject of this research is the appeals of political institutions and declarations and statements of politicians, who use accusations of international crimes as a political instrument. The goal of this work is to conduct a thorough analysis of this issue (causes, forms of appeal, possible consequences), as it not only testifies to the existence of the so-called double standards, but also a method of strengthening the stereotypes regarding specific nations, and means of destroying an image of a country. The article gives a detailed examination of the following political statements: “regime crimes”, “declaration” of an international crime, “condemnation” of a nation. The authors also analyze the nature of “punishments” introduced against one or another country in the form of sanctions for the said “crimes”. The main sources for this work were the international legal documents, as well as the statements and declarations of political leaders. The article is first to research the use of international law as a political instrument for solving specific tasks before particular circles of individuals or country. The authors formulate the question, and compile a catalogue of similar political appeals.
Citations count: 2
Reference:
Vorontsova O. —
International cooperation and the policy of the European Union in the sphere of soil protection.
// International Law.
– 2013. – ¹ 2.
– P. 16 - 38.
DOI: 10.7256/2306-9899.2013.2.5106 URL: https://en.nbpublish.com/library_read_article.php?id=5106
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Abstract:
The article concerns legal aspects of international cooperation and the EU policy in the sphere of protection of soils from various types of pollution. The study of these issues at an international level requires analysis of the key normative acts regulating the legal relations in this sphere. The policy of the EU is also being discussed from the legal regulation standpoint, bearing in mind its main goal, which is prevention of worsening of soils. The author notes that the legislation on condition and use of soil is not sufficiently developed both at the international and national level. There is no unified document on all soil-related aspects. The author studies key international legal documents, statistical data, results of NGO work. The article concerns improvement of soil protection both at the regional level (in the EU) and on an international level. However, some legal acts of the EU prove that some efforts towards soil protection have been taken, or, at least, these acts are more developed than in other states and regional associations.
Citations count: 2
Reference:
Rouvinsky R.Z. —
Manifestation of the "Just War Doctrine" (bellum justum) and the "Unjust Enemy"Concept (hostis injustus) in the modern international law
// International Law.
– 2016. – ¹ 1.
– P. 1 - 12.
DOI: 10.7256/2306-9899.2016.1.16948 URL: https://en.nbpublish.com/library_read_article.php?id=16948
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Abstract:
This article examines the return of the “just war doctrine” (bellum justum) and the concept of “unjust enemy” hostis injustus) with regards to the contemporary international law. The research consists of two parts: in the first part the just war ideas’ history, theories of St. Agustine, Thomas Aquinas and Francisco de Vitoria are examined; the second part is devoted to the manifestation of the just war ideas in the contemporary international law and international relations. This work is based on the methods of analysis, synthesis, analogy, method of historical and political interpretation of law, as well as method of the formal interpretation of law. It develops the ideas of such scientists, as Carl Schmitt, Alain de Benoist and China Miéville. The author comes to a conclusion about the deep transformations and crisis of the current international legal order, outdating of the old restrictive rules and return of the forgotten political-legal concepts, as well as legal principles and norms.
Citations count: 2
Reference:
Shebanova N.A. —
International obligations and assets of the former USSR: problems of dividing and practical solution.
// International Law.
– 2013. – ¹ 3.
– P. 88 - 166.
DOI: 10.7256/2306-9899.2013.3.8764 URL: https://en.nbpublish.com/library_read_article.php?id=8764
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Abstract:
The payment of an external debt of the Soviet Union and dividing of its foreign assets was a serious problem, appearing due to the breakup of the Soviet Union. The former Soviet Republic had to figure out the legal capacity of the Russian Federation, agree upon the means of payment of an external state debt, which was a necessary and obligatory condition for the division of state property abroad. The generally recognized way of regulating disputes in international relations is an international treaty. This article contains analysis of the attempts to achieve agreement among the former Soviet republics by conclusion of international multilateral treaties within the frameworks of the USSR and later the CIS. In addition to the analysis of problems regarding implementation of international state obligations, the author pays attention to the debts of the former USSR to the private persons, and various approaches towards this issue. The object of studies in this article includes specific features of solving the problems regarding payment of external debt and dividing the foreign assets of the former USSR as well as the de facto results.
Citations count: 2
Reference:
Abdullayev N.N. —
Legal framework for Azerbaijan – EU cooperation in the energy sector
// International Law.
– 2021. – ¹ 3.
– P. 1 - 14.
DOI: 10.25136/2644-5514.2021.3.35859 URL: https://en.nbpublish.com/library_read_article.php?id=35859
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Abstract:
This article is dedicated to the analysis of legal framework of Azerbaijan – EU relations in the energy sector. The relevance of this topic in recent months is substantiated by change in geopolitical realities of the South Caucasus Region, and discussions on unblocking economic and transport communications that intensified after the Second Nagorno-Karabakh Conflict. The region is an interlink between Asia and Europe; and Azerbaijan, being an exporter of oil and natural gas, is an important energy partner of the European Union. The flip of political situation in the region in the nearest future would change not only the energy relations between the countries of the region, but also EU and EAEU members-states. The subject of this research is the bilateral agreements, memoranda and joint declarations adopted by the parties in 30 years since reestablishment of the independence of Azerbaijan. Special attention is given to the vectors of cooperation of the parties both pertaining to extraction and transit of energy resources from South Caucasus and Central Asia. The author employs general dialectical, logical, historical, descriptive, formal-legal approach methods of research methods to determine the key trends and characteristics of the legal framework of Azerbaijan – EU relations in the energy sector. The scientific novelty of lies in the analysis of normative legal framework of cooperation in the energy sector beyond the context of general political and economic relations, as well as in outlining the peculiarities of legal framework of such cooperation. The conclusion is made that the cooperation between the two parties in the energy sector leans on the framework rather than binding legal agreement, which allows both parties to develop relations in the energy sector as mutually beneficial projects based on the market principles.
Citations count: 2
Reference:
Boklan D., Lifshits I. —
Implemtation of the rule of law principle in the Eurasian Economic Union
// International Law.
– 2016. – ¹ 2.
– P. 1 - 13.
DOI: 10.7256/2306-9899.2016.2.18986 URL: https://en.nbpublish.com/library_read_article.php?id=18986
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Abstract:
The rule of law principle is widely recognized as a public good, meanwhile its implementation faces substantial barriers. Authors explore such barriers with regard to the Eurasian Economic Union and among them outline the problem of Eurasian Economic Commission’s competence and effect of its legal instruments, the issues relating to legitimacy of EAEU system of bodies lacking people representation institutions, and lack of machinery of members states’ laws and regulation harmonization. Engaging comparative method and a method of systematic analysis, the authors suggest using the experience of the EU, particularly in providing better accountability of its institutions to national parliaments, and introducing legal instruments which will ensure harmonization of laws, as well as enhance transparency in the process of rule-making and law enforcement of the Union’s acts. Demonstrating the examples from financial and environment protection spheres, the authors conclude that public policy practice in every member state may be reconciled with best standards in the Union as well as with the best global standards by means of international agreements and decisions of Union’s bodies. It will substantially improve the quality of public governance in the member-states.
Citations count: 1
Reference:
Komarov A.A. —
Universal jurisdiction of criminal law pertaining to crimes committed through Internet
// International Law.
– 2016. – ¹ 2.
– P. 26 - 37.
DOI: 10.7256/2306-9899.2016.2.19355 URL: https://en.nbpublish.com/library_read_article.php?id=19355
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Abstract:
The subject of this research is the combination of theoretical ideas about the limits of power of criminal law in accordance with the universal principle. This work analyses the main postulates of this principle with application to the realities of the past and modernity; critically evaluates the legal formulations selected by legislator in order to restrict the boundaries (peculiarities) of power of the aforementioned principle; as well as examines the prospects of adaptation of its positions towards the crimes committed through the Internet. For achieving the set goal, the author formulated several tasks which have been solved by the analysis of the existing doctrinal positions in the area of Russian and foreign criminal law. The main conclusion consists in the fact that the universal jurisdiction is the most used mechanism for the proper establishment of criminal responsibility for cybercrimes. The expansion of an object field of the international criminal law can become a required element necessary for implementation of the universal principle of criminal law.
Citations count: 1
Reference:
Ageeva A. —
Peculiarities of and correlation of the legal regulation of indirect taxation in European Union and the Federal Republic of Germany
// International Law.
– 2016. – ¹ 1.
– P. 21 - 33.
DOI: 10.7256/2306-9899.2016.1.17957 URL: https://en.nbpublish.com/library_read_article.php?id=17957
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Abstract:
The subject of this research is the problems of convergence of the legislations of the EU member-states in the area of indirect taxation. The object is the mechanisms and peculiarities of legal regulation of the indirect taxation as one of the backbones of integration, particularly the value-added tax (VAT) and excises. The pointed out mechanisms are being examined on the example of FRG legislation and within the EU legal boundaries – the supranational principles and normative positions, which should not be contradicted by the national acts of any country out of the EU member-states. The author comes to a conclusion that preservation of formulations of the European guidelines in implementation into the national law, by general rule, prevents the emergence of contradictions between the national and European act, but even the verbal translation does not guarantee a unified interpretation and application of the newly introduced positions among the member-states. The emerging issues are being solved by means of thorough examination of the lexical essence of the words in different languages and introducing, if necessary, the additional definitions that function in the area of implementation of the positions of the European acts. In some cases the only possible source for legal regulation is the explanation of the EU Court of Justice.
Citations count: 1
Reference:
Zverev P.G. —
Human rights and the experience of UN international peacekeeping during the 1990’s
// International Law.
– 2015. – ¹ 1.
– P. 29 - 51.
DOI: 10.7256/2306-9899.2015.1.13742 URL: https://en.nbpublish.com/library_read_article.php?id=13742
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Abstract:
This article analyzes the questions of protection, provision and advancement of human rights under the conditions of peacekeeping operations of the 1990’s. It is precisely this period that marked the fundamental change in the very ideology of UN’s international peacekeeping and its integral concept of protection of human rights throughout the peacekeeping missions. The goal of this research is to demonstrate just how and by how much the protection of human rights has grown during the period of transition from the “traditional” support of peace to the “expanded” peacekeeping. A special attention is given to the position of the International Amnesty on this subject. Based on the analysis of a number of international legal acts (“An Agenda for Peace”, The Vienna Declaration and Program of Action) and specific historical examples of UN peacekeeping missions of the 1990’s the author illustrates the change in attitude of the United Nations Headquarters and its field missions towards the problematics of protection of human rights, and the key directions of its further solution that were realized within subsequent peacekeeping missions.
Citations count: 1
Reference:
Aleksandrova D.E. —
Unilateral Sanctions in the Context of Modern International Law
// International Law.
– 2023. – ¹ 3.
– P. 21 - 29.
DOI: 10.25136/2644-5514.2023.3.38737 EDN: CPDKSD URL: https://en.nbpublish.com/library_read_article.php?id=38737
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Abstract:
The author discusses the modern international legal framework governing the application of sanctions. The author focuses on the following issues: international and regional sanctions in the context of the UN Charter, restrictions on sanctions regimes, sanctions in humanitarian law, the legitimacy of unilateral economic sanctions. The methodological base of this work is a systematic approach, which allows to consider sanctions as part of the modern international legal system. As a result of the study, it was revealed that within the framework of the existing international legal system, only the UN Security Council is authorized to impose sanctions in order to ensure global peace and security. The resolutions of the UN Security Council on the issue of the application of restrictive measures are dominant in comparison with the decisions of other international bodies and the obligations of member countries under international treaties. The legitimacy of applying regional sanctions is limited by the statutes of regional organizations. The novelty of the study lies in a comprehensive consideration of the reasons why unilateral sanctions are a violation of international law. Unilateral economic restrictions violate the free trade regime of the WTO and the principle of non-discrimination that underpins the GATT. They represent a violation of the fundamental principles of sovereign equality, as well as the principle of non-interference in the internal affairs of other states. As a result of the application of economic sanctions by certain states, extraterritorial jurisdiction is manifested, which creates a dangerous precedent for international law.
Citations count: 1
Reference:
Mozhuga V.V. —
Factors influencing the hierarchical dependency of public law sources in the Customs Union.
// International Law.
– 2013. – ¹ 4.
– P. 1 - 15.
DOI: 10.7256/2306-9899.2013.4.10104 URL: https://en.nbpublish.com/library_read_article.php?id=10104
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Abstract:
The article is devoted to the studies of the influence of economic integration upon the changes in the factors reflecting hierarchic dependency of the public law sources. The article provides brief analysis of various approaches towards the formation of a hierarchic dependency, and it includes detailed analysis of the influence of economic processes upon the changes in the hierarchy of the public law norms both at national and international levels. The author pays special attention to the issues of classification of regional trade agreements and their relations with the system of supra-national public law, providing detailed characteristics of each type of regional trade agreement, taking into account the specific features of the formation of the system of public law. As a conclusion the author points out that the transition from one level of integration to another is accompanied with the simultaneous changes in the system of sources of public law of the state, when more and more of economic and closely related issues are transferred into the sphere of supranational regulation. That is why, when analyzing the factors of hierarchical dependency of the sources of public law of the Russian Federation, it is necessary to take into account the economic element of public law relations.
Citations count: 1
Reference:
Kupriyanovich M.S. —
Ensuring safety of maritime transport: current trends and conceptual generalizations of its international legal mechanism
// International Law.
– 2023. – ¹ 4.
– P. 59 - 68.
DOI: 10.25136/2644-5514.2023.4.69153 EDN: UXTSNC URL: https://en.nbpublish.com/library_read_article.php?id=69153
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Abstract:
The article deals with topical issues of ensuring security of maritime transport and preventing relevant threats based on legal measures. The scientific literature in the field of maritime law and legal means (norms, methods) of ensuring safety in maritime transport is analyzed. The variability and complexity of the nature of maritime threats and various measures to respond to them require an understanding of the policies, regulations, national civil and criminal legislation of the participating States and international public law, and therefore actualize the issues of conceptualization of international legal regulation of maritime transport security in this study. The subject of the study is the provision of safety in maritime transport through the knowledge of current trends and the substantiation of the conceptual provisions of the international legal mechanism as such. Systematic, comparative legal and dialectical approaches have been applied to generalize the essence and features of international legal regulation of safety in maritime transport. The main research methods used are diverse variations of analysis and synthesis of its results, analogy and comparison, generalization and concretization, functional cognition and deduction, abstraction, historical and formal legal methods. The main scientific result of the study is that the problem of ensuring safety in maritime transport has been studied from a legal and organizational point of view. The paper examines the formation of the legal mechanism for ensuring international security in maritime transport, defines the concept of the legal mechanism for ensuring international security in maritime transport, reveals the characteristics of the main threats to international security in maritime transport, justifies the right to ensure security in maritime transport as an institute of international maritime law, presents the results of the analysis of the existing areas of security in maritime transport, put forward proposals to improve international legislation in the field of maritime transport safety. The scientific results obtained as a result of the research can be used in educational activities when teaching the basics of international law, as well as in scientific research procedures when learning about the functioning of modern international law and its individual institutions.
Citations count: 1
Reference:
Erpyleva N.Y. —
International commercial arbitration: institutional bases for its functioning.
// International Law.
– 2013. – ¹ 1.
– P. 1 - 74.
DOI: 10.7256/2306-9899.2013.1.545 URL: https://en.nbpublish.com/library_read_article.php?id=545
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Abstract:
This article is devoted to the complex topical issues regarding functioning of the international commercial arbitration. The combination of legal norms regulating organization and functioning of international commercial arbitration forms international arbitration procedural law, which is a branch of international procedural law, and a sub-branch of the international private law. In this article the international commercial arbitration is understood as a court of private arbitration, whether permanent or formed for ruling on a specific case, the main goal of which is to hear and resolve international commercial dispute in a certain procedural form by making a decision, which is binding to the parties. The article contained detailed analysis of definition, legal nature, competence and types of international commercial arbitration, definition, types and conditions for the validity of international arbitraton clauses, the procedure for recognition and enforcement of foreighn arbitral decisions. The scientific analysis is made with the reference to various normative legal sources, including national legislation and international treaties.
Citations count: 1
Reference:
Fedorchenko A.A. —
Current situation in the international law regarding the status of a victim of an international crime.
// International Law.
– 2014. – ¹ 4.
– P. 168 - 182.
DOI: 10.7256/2306-9899.2014.4.11701 URL: https://en.nbpublish.com/library_read_article.php?id=11701
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Abstract:
The author studies the issues regarding legal status of a victim in the international law. The author studies both the univeral law and the regional (European) law. The author also studies the role of the Statutes of the international ad hoc tribunals in defining statuses and rights of victims. The author notes that at the universal level there is almost no international legal regulation of rights of victims of international crimes, and the existing regulation is mostly "soft law". The regional acts in Europe provide some regulation of this matter, and they also have limited application. The author explains these imperfections with the fact that criminal law is the sphere, where the states are unwilling to limit their sovereignties. Therefore, development of norms on rights of victims at the international level is rather slow, and it seems to be a complicated problem due to the significant discrepancies in legal and political positions of the states.
Citations count: 1
Reference:
Mozhuga V.V. —
Specifics of the hierarchical dependency of the sources of public law of the modern Russia in the context of forming the Eurasian Economic Community
// International Law.
– 2015. – ¹ 1.
– P. 19 - 28.
DOI: 10.7256/2306-9899.2015.1.13962 URL: https://en.nbpublish.com/library_read_article.php?id=13962
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Abstract:
The subject of this research is the hierarchical dependency of the sources of public law in the modern Russia and its influence on the changes in Russia’s structure in light of the integrational cooperation. An analysis is conducted on the approaches to the forming of hierarchical subordination of the sources of public law within the classic theory of law, as well as the current stage. A special emphasis is made on the influence of international acts that compose the contractual foundation of the Customs Union of Russia, Belarus, and Kazakhstan, as well as the emergence of sources of public law of international legal acts of direct effect within the system. The author structures a concept of creating a hierarchical system of sources of public law, determining the defining factors and legal forms of expression of this system taking into account the effect of international law.
Citations count: 1
Reference:
Zakharov E. —
Potential application of the experience of creation and functionality of the European platform of scientific cooperation within the framework of establishment of the EAEU single services market in the field of scientific research
// International Law.
– 2019. – ¹ 4.
– P. 81 - 94.
DOI: 10.25136/2644-5514.2019.4.30988 URL: https://en.nbpublish.com/library_read_article.php?id=30988
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Abstract:
The subject of this research is the legal framework of the EAEU member-states with regards to legislation on science, and the Treaty on the Eurasian Economic Union for incorporation of single, within EAEU, platform of scientific cooperation for successful functioning of the uniform scientific infrastructure in the context of establishment of the EAEU single services market in the field of scientific research. The EU legislation on the matter is analyzed. Based on the research results, the author draws the conclusion that at the present stage the creation of the single supranational platform of scientific cooperation in EAEU depends on elimination of certain discrepancies in legislation of the EAEU member-states, and experience of the European Union on establishment of the single platform of scientific cooperation may be applied by the EAEU member-states considering the existing legal framework in form of the Treaty of the Eurasian Economic Union.
Citations count: 1
Reference:
Pavlova O.A. —
"Judicial Convention": Issues of Jurisdiction
// International Law.
– 2023. – ¹ 1.
– P. 70 - 82.
DOI: 10.25136/2644-5514.2023.1.39778 EDN: BJKXHY URL: https://en.nbpublish.com/library_read_article.php?id=39778
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Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Cases of July 2, 2019 (The 2019 Convention) offered us the option of universal regulation of recognition and authorization of execution of a foreign judgment. However, is he that good? The aim of the work is to identify the advantages and disadvantages of the new universal legal regulation in relation to the issue of jurisdiction. The author analyzes the approaches used in the national legislation of various states to consolidate the rules of international jurisdiction for the purposes of recognition of foreign judicial decisions. General scientific and special methods of cognition, including formal-logical and comparative-legal, were used as research methods. The article demonstrates the dependence of the legal consequences of accession to the 2019 Convention on the approach implemented in national legislation to the regulation of indirect international jurisdiction, as well as on the ratio of the scope of competence of national courts according to national legislation and the jurisdictional filters established in the 2019 Convention. The conclusion is substantiated that the conclusion of the 2019 Convention on the proposed conditions on indirect international jurisdiction does not meet the interests of the Russian Federation. As a measure to increase the competitiveness of the jurisdiction of the Russian Federation, it is proposed to introduce into national legislation legal norms on indirect jurisdiction that consolidate the recognized competence of foreign courts in an amount not exceeding that which defines the competence of national courts to consider cases with a foreign element.
Citations count: 1
Reference:
Averina K.N. —
Environmental policy of the European Union in the sphere of forest protection.
// International Law.
– 2013. – ¹ 3.
– P. 36 - 51.
DOI: 10.7256/2306-9899.2013.3.402 URL: https://en.nbpublish.com/library_read_article.php?id=402
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Abstract:
The article is devoted to the detailed analysis of the policy of the European Union in the sphere of forest protection. The author analyzes the key administration mechanisms and legislative acts of the EU Member States in this sphere. She includes typology of forests in accordance with the normative legal acts of some European states, as well as analysis of their role in environmental and climatic balance in Europe. The author also analyzes seven information levels regarding forest resources, which exist in the European Union.
Citations count: 1
Reference:
Komarov A.A. —
On criminal jurisdiction of Russia in the Internet applicable to acts according to the Article 159.6 of the Criminal Code of the Russian Federation
// International Law.
– 2016. – ¹ 4.
– P. 1 - 10.
DOI: 10.7256/2306-9899.2016.4.18002 URL: https://en.nbpublish.com/library_read_article.php?id=18002
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The subject of this research is the principles of the function of Russian national law and foreign countries, as well as the issues that emerge in resolution of collision of jurisdictions of two states with various legal systems. The global Internet is viewed as the peculiar field of function of the legal norms, which introduces its specificity intro the problem of demarcation of the criminal justice of several countries. Due to this fact, this article analyzes various approaches towards the determination of the limits of action of the criminal jurisdiction of Russia in the global Internet. For solution of the set tasks, the author used the comparative-legal method, initially applying the grouping based on the affiliation to various legal systems of the world, as well as the method of analogy for transferring the effective methods of legal regulation from the private international law into the public (criminal) law. The main conclusion of this research consists in the concept of combination of principles on demarcation of the criminal jurisdiction of several state, which is based on separate principles of the function of the private international law, used for resolution of the commercial disputes in the Internet. The author is first to test practically all of the known principles of the private law applicable to fraud, committed through Internet, which allowed efficiently solving the task at hand.
Citations count: 1
Reference:
Shchekina E. —
On certain peculiarities of the notion “circumvention of law” in the private international law of Germany
// International Law.
– 2016. – ¹ 3.
– P. 19 - 27.
DOI: 10.7256/2306-9899.2016.3.20503 URL: https://en.nbpublish.com/library_read_article.php?id=20503
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The subject of this article is the problem of the circumvention of law in the private international law of Germany. The author analyzes the positions of some contemporary German researchers pertaining to the question of circumvention of law and the criteria for its determination, as well as court decisions on this matter. The author raises a question on correlation between the circumvention of law and choice of law applicable to legal relation, as well as examines this problem in the context of the notion of autonomy of the parties. The separate groups of legal relations, for which according to the German judicial practice is characteristic the problem of circumvention of law, are being highlighted. The author’s main contribution into the development of the examined topic consists in the study of the position of certain German authors, who have not previously been covered in the Russian literature. During the course of this research, the author described the fundamental principles that serve as a guidelines for the German courts in dispute resolution with the presence of foreign component with regards to the question of circumvention of law.
Citations count: 1
Reference:
Kalamkaryan R.A. —
Role of the International Court of Justice in maintaining international legal order
// International Law.
– 2013. – ¹ 1.
– P. 184 - 214.
DOI: 10.7256/2306-9899.2013.1.690 URL: https://en.nbpublish.com/library_read_article.php?id=690
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The article shows the role of the International Court of Justice in maintaining of international legal order. The article includes the historic analysis of the institution of a universal judicial body. The article contains analysis of the the characteristics of this judicial body, which make it the most influential element within the system of maintaining the legal order and compliance with the international law. The author compares it with the arbitration, evaluates the nature of the international legal dispute, the principle of supremacy of law, as well as good faith and compliance with the international legal obligations within the domestic legal order. The article includes analysis of various characteristic features of the ICJ as an international judicial body in comparison with the national judicial bodies of the states. The author also analyzes some aspects of judicial procedure, definitions of rule of law and universal legal order, as well as the key elements and characteristic features of the universal legal order.
Citations count: 1
Reference:
Maslova S.V. —
On the concept of international standards of public-private partnership
// International Law.
– 2021. – ¹ 3.
– P. 15 - 25.
DOI: 10.25136/2644-5514.2021.3.36518 URL: https://en.nbpublish.com/library_read_article.php?id=36518
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The scope of international legal regulation of public-private partnership (PPP) is being expanded due to the extended range of intergovernmental relations and relations involving international organizations of public-private partnership, as well as extension of the scope of international law to cross-border relations regarding PPP. A relatively small number of international conventional rules and legal norms that regulate the relations in the sphere of public-private partnership have not yet been codified in the form of a multilateral international treaty. Gaps in the international legal regulation activate non-formal processes of managing international and cross-border relations in the sphere of public-private partnership with prevalence of the international intergovernmental organizations. The scientific novelty lies in articulation of the problem of formulation and application of the international standards of public-private partnership as the results of such non-formal processes of international rulemaking of international organizations. Using the formal legal and comparative legal methods, generalization and abstraction, the author formulates the definition of international standards of public-private partnership, discloses their content and difference from the international standards in other spheres of international relations, assesses their legal nature, problems and prospects of their formation. It is substantiated that the development of international standards of public-private partnership would be facilitated by establishment of their adoption procedure in the conditions of cooperation of all international organizations that perform a regulatory function in the sphere of public-private partnership.
Citations count: 1
Reference:
Lyu K.A. —
Key directions of development of supranational legal regulation of the EU digital space at the present stage
// International Law.
– 2022. – ¹ 1.
– P. 61 - 75.
DOI: 10.25136/2644-5514.2022.1.37674 URL: https://en.nbpublish.com/library_read_article.php?id=37674
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Within the framework of this article, an attempt is made to identify the most relevant trends in the field of improving supranational legal regulation of digital relations at the EU level. This has become the main goal of this study. To achieve this goal, relevant legal initiatives are analyzed in three main areas: within the framework of improving EU law in the field of cybersecurity and personal data protection; within the framework of the development of supranational regulation of digital (cloud) infrastructure; as well as within the framework of the formation of the legal framework for the creation of a single EU digital market. The object of the study was the social relations developing in the digital sphere at the supranational level within the framework of the European Union. The subject was proposals and initiatives to improve the supranational legal framework for regulating such public relations in modern conditions. The scientific novelty of the study is that it is an attempt to comprehensively analyze the most relevant EU initiatives to improve the supranational legal framework for regulating public relations in the digital environment. In the Russian literature, the relevant processes have not yet been studied to the proper extent. Based on the results of the analysis, the conclusion is formulated that the current directions of improving the supranational legal regulation of the single digital space of the EU are represented by three main directions: 1) improvement of supranational regulation of the unified digital environment in terms of ensuring cybersecurity and personal data protection; 2) development of supranational legal foundations of a unified digital (cloud) infrastructure; 3) creation of supranational legal foundations of a single digital market.
Citations count: 1
Reference:
Kurbanov R.A. —
Structure of sector and the issues of international legal regulation of the energy industry of the North American states.
// International Law.
– 2013. – ¹ 4.
– P. 201 - 228.
DOI: 10.7256/2306-9899.2013.4.11026 URL: https://en.nbpublish.com/library_read_article.php?id=11026
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The article contains analysis of legal regulation of the energy sector of the North American states - the USA, Canada and Mexico. The author analyzes the key stages and tendencies of development of the energy sector in these states after signing the Agreement for the formation of the North American Free Trade Area and the North American Agreement on Environmental Cooperation. The author analyzed the input of the Organization of the American States into the development of the North American energy markets. The analysis allowed to draw a number of conclusions. At the current stage of its development the mutual dependency of the consumer state (the USA) and producing states (Canada, Mexico) is regulated via regional and sub-regional norms, including NAFTA, which serves as a basis for the legal guarantees in the relations among these states, and as a prerequisite for the harmonization of national legislations in the sphere of energy. At the current stage of development, one may speak of the existence of international (regional and sub-regional) basess for the North American energy market, uniting hte markets of the USA, Canada and Mexico.
Citations count: 1
Reference:
Pustovalov E.V. —
Mechanisms of removing the barriers and limitations impeding functionality of Single Services Market of the EAEU
// International Law.
– 2020. – ¹ 1.
– P. 1 - 9.
DOI: 10.25136/2644-5514.2020.1.31494 URL: https://en.nbpublish.com/library_read_article.php?id=31494
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The subject of this research is the process of establishment of the regime of Single Services Market of the EAEU, taking into account the approved algorithms with regards to the plans for liberalization of services marker by separate sectors, as well as prescribed by the law of the Union mechanisms of maintaining such regime that would allow removing barriers and limitations impeding its functionality. The author particularly examines the removal of barriers pertaining to trade in services via realization of the pacta sunt servanda principle; direct and indirect application of law of the Union by the national courts; work of the Court of the Eurasian Economic Union; development and implementation of the specialized mechanism of removing barriers and limitations impeding functionality of the Single Services Market. The research result consists in systematization of mechanisms that might be used to ensure compliance with the regime of Single Services Market. The author formulates recommendations on concluding the international agreement within the framework of EAEU, focused on regulation of administrative cooperation of the competent agencies of the member-states in terms of separate sectors of services, as well as regulation of the work of special commission authorized to consider requests of the services market participants, and deliver the binding for EAEU member-states decisions.
Citations count: 1
Reference:
Gidirim V. —
The principle of company residency in the international tax law.
// International Law.
– 2013. – ¹ 1.
– P. 123 - 170.
DOI: 10.7256/2306-9899.2013.1.427 URL: https://en.nbpublish.com/library_read_article.php?id=427
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Abstract:
The article provides detailed analysis of the modern theory of tax residence, which is used by the developed tax systems of the foreign states. This concept is absent in the Russian tax legislation, which is a significant gap in the tax regulation of economic activity and it gives way for tax evasion. The Ministry of Finances of the Russian Federation announced the need to introduce this concept into the Tax Code of the Russian Federation in accordance with its "Key Directions for the Tax Policy in the period from 2013 to 2015". Due to this fact this article is quite topical within the framework of upcoming legislative changes. The article includes not only theoretical bases for the tax residency concept for legal entities, but also analysis of judicial practices of various states, which use it, as well as some critical comments in part of adequacy of its application in the modern high technology international economy at the age of electronic commerce. The article may be of interest to all those interested in the problems of modern tax policy.
Citations count: 1
Reference:
Shinkaretskaya G.G., Berman A.M. —
Cyber-attacks – an unlawful use of digital technologies
// International Law.
– 2022. – ¹ 1.
– P. 40 - 50.
DOI: 10.25136/2644-5514.2022.1.37271 URL: https://en.nbpublish.com/library_read_article.php?id=37271
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This article notes that cyber-attacks, i.e. disruption of the information systems of persons, companies or countries, are a new type of criminal activity. International law does not yet have does not have normative documents that regulate the procedure of countering cyber-attacks. It is complicated by the fact that in the international law the grounds for taking coercive measures against other country is aggression (armed attack), which confers the right to individual or collective self-defense of the country. It is indicated that the doctrine legitimizes drawing parallels between common operation that are classified as the resorting to force, and the corresponding cyber operations. As the criterion of aggression, it is offered to use the assessment of the scale of attack and severity of consequences. The difficulty in qualifying the cyber-attack also lies in open architecture of the Internet, which allows billions of users worldwide to interact with each other. The aforementioned aspect also allows the hackers to hide their identity or even use someone else's device without their knowledge. All these difficulties aggravate if cyber operations are conducted by or on behalf of the countries. In fact, the cyber-attack participants do not bear any consequences for their actions. It is claimed that modern international law suggests both, intraterritorial or extraterritorial jurisdiction.
Citations count: 1
Reference:
Gazina N.I. —
International and National Legal Approaches to the Protection of Genetic Information
// International Law.
– 2022. – ¹ 4.
– P. 49 - 59.
DOI: 10.25136/2644-5514.2022.4.39236 EDN: PPWFPJ URL: https://en.nbpublish.com/library_read_article.php?id=39236
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Abstract:
The purpose of this article is to present an analysis of the main approaches to the problem of protecting genetic information at the international and national levels.
The author presented an overview of international acts on genetic information protection, as well as an overview of the positions of the ECtHR on the issue under consideration, author also conducted a comparative analysis of national approaches to the legal regulation of this area on the example of different countries (USA, France, Israel, Russia).
There are two main forms of genetic data protection. The first is the protection of genetic data through medical data, biometric data, personal data in general, through the right to privacy. The second is the protection of genetic data through specialized rules on the confidentiality of genetic information.
It is concluded that at the international level the protection of genetic information is carried out more effectively by general human rights protection treaties (in particular, the ECHR) through a broad interpretation of the right to privacy and some other rights. The Universal Declaration on the Human Genome and Human Rights of 1997 and the International Declaration on Human Genetic Data of 2003 do not ensure the execution of their provisions and do not establish a control mechanism due to their recommendatory nature, but perform an important "guiding" function. They reveal possible methods of regulation and protection of genetic data by states, establish standards, following which states can effectively organize legal regulation in this area. At the national level establishment of special legal norms for genetic data seems to be appropriate and more effective, because allow to refer directly on the violation of the regimes for the use of genetic data in the courts. In this case, there is no need to prove genetic information as biometric, also unlike the legal regimes where genetic information protects through the rules on medical secrecy, a situation of medical treatment is not necessary.
Citations count: 1
Reference:
Voronina N.A. —
The Union State - Russia - Belarus: the experience of legal regulation.
// International Law.
– 2013. – ¹ 3.
– P. 52 - 67.
DOI: 10.7256/2306-9899.2013.3.9061 URL: https://en.nbpublish.com/library_read_article.php?id=9061
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The article deals with questions of creation and development of the Union State – Russia – Belorus. Special attention is paid to problems of protection of social and labour rights of citizens of two countries. The author analyses the existing agreements and laws in this field as well as legal practice, reveals shortcomings in the system of social protection of labour migrants and points ways to overcome them. The role of the Union State in the integration processes on the post-Soviet territory is depicted
Citations count: 1
Reference:
Komarov A.A. —
Jurisdiction of transnational cybercrimes in the system of common law
// International Law.
– 2017. – ¹ 1.
– P. 26 - 37.
DOI: 10.7256/2306-9899.2017.1.20270 URL: https://en.nbpublish.com/library_read_article.php?id=20270
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Abstract:
The object of this article is the system of common low in the part that contains the legal institution of operation of criminal law in the legal space. Due to the specificity of common law, the subject of this article consists not just in the norms of the written (statutory) law, but also the judicial precedent that reveal the peculiarity of operation of the criminal law in the legal space. In this work, the area of scientific search is limited by the criminal legislation of two countries that most vividly reflects the historical essence alongside the features of common law: the United States and Great Britain. The work also touches upon the legislations of the countries of common law, which have the codified criminal legislation: Canada, Australia, and others. The scientific novelty consists in the fact that the analogous research are carried out not that often and until present day did not examine the questions of operation of the criminal law in the Internet. Therefore, the author for the first time has acquired a new, scientifically important result regarding the attitudes of the foreign legal experts in this sphere towards the previously conducted research pertaining to the Russian legislation. Multiple positions of the British and American legislation have been translated into the Russian language for the first time, as well as interpreted in terms of our research, which allowed formulating the specific practical conclusions.
Citations count: 1
Reference:
Lozhkovoi P.N. —
Challenges of improving legal regime of remote probing of Earth from space
// International Law.
– 2019. – ¹ 4.
– P. 60 - 68.
DOI: 10.25136/2644-5514.2019.4.31163 URL: https://en.nbpublish.com/library_read_article.php?id=31163
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Abstract:
Remote probing of Earth from space is rapidly developing. This field has a range of problems hindering the efficient implementation of such type of space activity. The absence of an interstate special normative act leads to the fact that the relations between the producers and users of data, obtained in the process of probing, are most often regulated by private companies. Some customs of such regulations currently form in the United States and the European Union. However, the number of global space powers is growing and requires due legal unification. The article provides recommendation, namely with regards to legal regulation of compensation for damage in case of conducting remote probing. The author underlines the relevance for elaboration of legal norms regulating access and usage of data acquired in the course of probing. The article also covers the questions of commercial use of information obtained as a result of space activity.
Citations count: 1
Reference:
Ibragimov A.M., Primov M.N. —
Issues of international legal regulation of the use of landmine weapons in domestic and foreign literature
// International Law.
– 2023. – ¹ 4.
– P. 69 - 91.
DOI: 10.25136/2644-5514.2023.4.69091 EDN: XBVYUG URL: https://en.nbpublish.com/library_read_article.php?id=69091
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Abstract:
The subject of the study is the generalization and analysis of domestic and foreign literature on international humanitarian law, which examines the international legal regulation of the use of landmine weapons, established restrictions and prohibitions on their use, in order to prepare motivated proposals on the possibility of improving the legal mechanism for solving the mine problem in modern conditions. In general, there are a considerable number of publications on the subject under consideration, the subject of which are various aspects of the mine problem. At the same time, the characteristic of the international legal regulation of the use of landmine weapons is often reduced to stating the provisions of Protocol II to the Convention on "Conventional" Weapons and the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction (Ottawa Convention). Mainly, there is an opposition of these documents in favor of the Ottawa Convention. With regard to the latter, there are also studies, mostly foreign, very complimentary describing the process of preparation and adoption of the Ottawa Convention, the participation of foreign non-governmental organizations in it. The author's position on this and other issues is stated in the study. For the purposes of generalization and analysis of the works of domestic and foreign authors, formal-legal, formal-logical, comparative-legal research methods are used. The novelty of the study is due to its subject. Proposals on the availability of potential, the possibility of further development of international legal regulation of the turnover of landmine weapons are based on the generalization and analysis of the studies presented in the work on two main areas of solving the mine problem - humanitarian demining and the actual regulatory regulation of the turnover of landmine weapons. In the first case, we are talking mainly about using the achievements of scientific and technological progress, the latest developments. The development of the existing regulatory framework for regulating the turnover of mine weapons is associated with a prerequisite for ensuring the complementary nature of the two main treaties – the use of basic definitions in them that have identical content. At the same time, the fact is emphasized that overcoming the crisis of international humanitarian law in general, the implementation, in particular, of relevant initiatives to solve the mine problem, are conditioned by the presence of a real, equivalent alternative to the collective West.
Citations count: 1
Reference:
Kolobov R.Y., Ganeva E.O., Suvorova A.V. —
The Practice of Protecting World Natural Heritage Sites in Africa
// International Law.
– 2022. – ¹ 3.
– P. 42 - 53.
DOI: 10.25136/2644-5514.2022.3.38691 EDN: RYXQGI URL: https://en.nbpublish.com/library_read_article.php?id=38691
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Abstract:
The article presents an analysis of the practice of protecting World Natural Heritage sites "Manovo-Gounda-Saint-Floris National Park" (Central African Republic) and "National Parks on Lake Turkana" (Kenya). The most typical problems for African States in the preservation of unique natural sites are noted, the legal positions of the World Heritage Committee on the implementation of international obligations for the preservation of World Natural Heritage sites are considered, in which such problems are legally reflected. The problems of finding sources of financing for environmental protection activities in African countries, as well as the lack of human resources to ensure effective management of World Natural Heritage sites are highlighted. The approaches of the World Heritage Committee to the implementation of projects for the construction of hydroelectric power plants affecting the ecosystem of Lake Turkana are considered. The novelty of this work is predetermined by the shortage of specialized studies devoted to the fulfillment by foreign states of international obligations to protect world natural heritage sites in domestic legal science. The analysis of the experience of protecting World Natural Heritage sites in African countries allows us to summarize the conclusions significant for the Russian practice of protecting World Heritage sites, extrapolate them to the problems of protecting the World Heritage site "Lake Baikal", as well as formulate new proposals and approaches to improving environmental policy in this area. Noting the important role of the World Heritage Convention in the development of hydropower, there is an obvious need for the early formation of an international regulatory framework with border foreign states.
Citations count: 1
Reference:
Korzhenyak A.M. —
On the prohibited methods and means of conducting warfare in the context of modern International humanitarian law and law of international security
// International Law.
– 2021. – ¹ 4.
– P. 53 - 70.
DOI: 10.25136/2644-5514.2021.4.36572 URL: https://en.nbpublish.com/library_read_article.php?id=36572
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Abstract:
This article analyzes the historical-legal peculiarities of establishment and evolution of international humanitarian law and its principles in the context of the general theory of international law and current political situation. Referring to the international legal documents that regulate the rules of conducting warfare and issues of international security, as well as case law, the author describes and systematizes the methods and means of conducting warfare that are classified under restraining and prohibitive regimes. The goal of this research lies in the analysis and systematization of international legal norms aimed at prevention of the use of prohibited methods and means of conducting warfare. The object of this article is the relations between the actors of international law with regards to restrained use of means and method of conducting warfare. The subject is the international conventions, international customs, general principles of law recognized by the civilized nations. The scientific novelty consists in the author’s view of the essence of relevant issues in the sphere of international humanitarian law, establishment and evolution of international humanitarian law in the context of restrained use of methods and means of conducting warfare. The author presents the original systematization and classification of the prohibited methods and means of conducting warfare. The conclusion is made that many disagreements can be solved by responsible compliance with the existing norms of the international humanitarian law that is intended to prevent potential humanitarian risks. The author reveals that the four protocols to one of the fundamental sources of the international humanitarian law – the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (1980) have such significant shortcoming as the absence of control mechanism for compliance with the established prohibitions.
Citations count: 1
Reference:
Kaminskaya N.V. —
Influence of globalization tendencies on the formation of regional legal systems.
// International Law.
– 2014. – ¹ 2.
– P. 20 - 33.
DOI: 10.7256/2306-9899.2014.2.10941 URL: https://en.nbpublish.com/library_read_article.php?id=10941
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Abstract:
Topical tendencies of development of law and legal systems at the current stage of development are globalization, integration, and regionalization. In the opinion of the author they cause transformations in law-making and legal practice at various levels. It influences activization of the integration processes in the national legal systems, their interaction, functioning of the international law system, novel legal categories - regional legal systems, including those of European scale. For the purpose of this article the author applies a number of scientific research methods, namely, comparative legal method, historic method, systemic, structural functional method, sociological method, forecasting method, etc. Globalization is a multi-level process, a complex of social matters, which evolution and change in time, making local problems go global. At the same time regionalization (regionalism) is defined as the process for the formation of regional international systems, institutions and instruments. As a result of their interaction, one may note formation of regional international law systems, which may be more efficient than international law, since they hold a somewhat intermediary position, being closer to the human being as a basic social value, territorial and other social communities, traditions, customs, existing legal systems, as well as management procedures, control for material and financial resources, responsibility issues.
Citations count: 1
Reference:
Babin B. —
International Legal Grounds for Access to Justice for Indigenous Peoples in Crimea
// International Law.
– 2014. – ¹ 3.
– P. 1 - 31.
DOI: 10.7256/2306-9899.2014.3.12550 URL: https://en.nbpublish.com/library_read_article.php?id=12550
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Abstract:
Article researches the situation, connected with providing the access to justice for indigenous peoples that have the historic native land in the Crimea. Politic and legal processes that let this problem to become actual in conditions of interstate conflict are watched at. Legal and organizational mechanisms of realizing the individual and collective rights of indigenous peoples in Crimea are determined at. The positions of interested states are compared at, grounds of international organizations’ and global structures’ approaches are lighted in. Components of right of indigenous peoples on justice are detailed; their realization for indigenous peoples of Crimea becomes too actual now. Author uses the formal legal, comparative and hermeneutic approaches for analysis the normative basis in a complex; political science, sociologic and statistic methods are used also. Problem of access for indigenous peoples to justice in conditions of the interstate conflict in researched in a world practice in first time. Author develops the propositions addressed to UN connecting to the providing of the right of indigenous peoples to justice in the Crimea. He proved the duty of the international monitoring of those processes. Role of the UN Declaration on the Rights of Indigenous Peoples is determined; the duty for both states to implement it for providing access to justice in Crimea is proved at. Materials of article were used by author in his report to the UN Expert Mechanisms on the Rights of Indigenous Peoples on its 7th session, 2014.
Citations count: 1
Reference:
Shestakova K.D., Wissenberg A.S. —
Evolution of discourse on fragmentation of international law
// International Law.
– 2020. – ¹ 1.
– P. 29 - 49.
DOI: 10.25136/2644-5514.2020.1.29871 URL: https://en.nbpublish.com/library_read_article.php?id=29871
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Abstract:
In this article the authors examine the development of modern international law in terms of the discourse on fragmentation, and set the following goals: 1) determine the phenomenon of “fragmentation” and systematize the reasons for the emergence of discourse on fragmentation; 2) trace the evolution of scientific views upon fragmentation as a phenomenon; 3) considering the currently prevalent views upon the mechanism of development of international law, as well as prevention and settlement of conflicts of norms within international law, repeatedly assess some traditional examples of “fragmentation” as the logical processes or processes posing a threat to the integrity of international law. As the examples, the article analyzes such classical disputes as the Decision of the Appeals Chamber of the International Criminal Tribunal for the. Former Yugoslavia in the case of Dusko Tadic, as well as decision of the UN International Court on Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), series of cases regarding MOX plant, CME and Lauder v. Czech Republic, and others. It took almost a quarter of century for the science of international law – since the beginning of discussion of fragmentation until the “farewell” with fragmentation – to accept itself as an integral, but flexible legal system over again. The conclusion is made that the discourse on fragmentation and utilization of the term “fragmentation” had a so-called therapeutic effect for the theory of international law, allowing it to shift the focus, reassess and reconsider itself as a system that existed in all diversity and multiplicity of actors engaged in the process of its creation and application.
Citations count: 1
Reference:
Fedorchenko A.A. —
Law of the International Criminal Tribunals.
// International Law.
– 2014. – ¹ 1.
– P. 87 - 103.
DOI: 10.7256/2306-9899.2014.1.11639 URL: https://en.nbpublish.com/library_read_article.php?id=11639
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Abstract:
The international criminal tribunals form a unique type of international judicial institutions. They were formed in accordance with the Resolutions of the Security Council of the UN, they should have formulated their procedural norms themselves, and they also had to choose applicable law for their cases independently. The author considers that the international criminal tribunals apply the sources of law, which are not directly provided for them. However, this is not abuse of law. Active use of implied and inalienable competences is typical for international judicial institutions, since the founding documents for these bodies and their inner procedural documents usually contain general provisions on their procedure, and basic rights of participants of such proceedings. That is why, the international criminal tribunals have formed and keep forming their own internal law, and they choose the sources of applicable law according to the methods formed in other international courts.
Citations count: 1
Reference:
Ponamorenko V.E. —
Organizational-legal grounds of the macroprudential policy at the international and national levels
// International Law.
– 2016. – ¹ 3.
– P. 54 - 71.
DOI: 10.7256/2306-9899.2016.3.20037 URL: https://en.nbpublish.com/library_read_article.php?id=20037
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Abstract:
The subject of this research is the organizational-legal grounds of the macroprudential policy at the international (global and regional) and national levels. The problematic of the macroprudential policy (including macroprudential regulation and macroprudential surveillance) due to the nature of the systemic risk carries a strong cross-border character. The article explores the institutional grounfs of macroprudential policy at the national level that are being formed under the influence of the global financial regulators (Financial Stability Board, Bank for International Settlements, and International Monetary Fund); as well as the national legal grounds of macroprudential policy established under the effect of the global financial standards and documents of the Financial Stability Board. Therefore, particular attention is paid to the practices of assessment of the level of implementation of recommendations and standards in the area of macroprudential policy into the national systems of law. The scientific novelty consists in performance of the relevant examination of the organizational-legal grounds of macroprudential policy at the international and national levels using the extensive and modern source base with expansion onto the practical proposal that can be implemented in the lawmaking process. The main conclusions consist in application of the advanced foreign experience in the field of organization and legal regulation of macroprudential policy, improvement of the system of macroprudential regulation in Russia, and creation of such system in the Eurasian Economic Union.
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