DOI: 10.7256/2454-0633.2015.1.11868

Abstract:

DOI: 10.7256/2454-0633.2014.4.11597

Abstract:

DOI: 10.7256/2306-9899.2014.4.11642

Abstract: The author studies the issues of participation of international courts in the development of international law. The author studies this issue from the standpoint of the judicial practice of various international courts. Within the framework of this issue the author also studies the scientific doctrine. The author considers that via formation of precedents or by participating in the codification of decisions the international judicial institutions take part in the general process of development of the international law. The author also singles out a novel matter in the activities of the judicial institutions - de facto delegation of law-making function to such institutions. Quite a vivid example is posed by the International Tribunal for the Former Yugoslavia, since Art. 15 of its Statute directly provides that the judges of the ICTY shall accept procedural rights for giving testimony for the pre-trial investigation, invstigation and appeal, taking testimony, protection of victims and witnesses, etc. Finally, the author singles out the specific method for participation of courts in the law-making - consultative opinions.

DOI: 10.7256/2454-0633.2014.3.11598

Abstract:

DOI: 10.7256/2306-9899.2014.3.11641

Abstract: The article concerns the nature and complications of international justice. The author studies specific practices of international courts regarding resolution of international legal disputes.  The author also pays attention to the issue of non-enforcement of judicial decisions of the international courts and the measures, which the international courts take in order to avoid this problem.  The author writes that resolution of international legal disputes, as well as provision of consultative opinons, form the main function of the international judicial institutions. The meaning of this function is to assist normal relations between the states, and it is aimed at having a real influence upon the international relations. In the opinion of the author to resolve an international legal dispute is to restore normal neighbourly relations between the conflicting states.  Law serves as means and not a goal in this process. Of course, a body resolving a dispute should not go outside the boundaries of law, but an overly formal approach towards its functions may finally lead to loss of the very meaning of its existence.

DOI: 10.7256/2306-9899.2014.2.11640

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.

DOI: 10.7256/2454-0633.2014.2.11599

Abstract:

DOI: 10.7256/2454-0633.2014.1.11593

Abstract:

Abstract:

Abstract: