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International Law and International Organizations
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MAIN PAGE > Journal "International Law and International Organizations" > Contents of Issue ¹ 01/2010
Contents of Issue ¹ 01/2010
Question at hand
Butba, S.R. - International law and the legal system of the Republic of Abkhazia pp. 0-0
Abstract: The author considers the Republic of Abkhazia to be one of the states of post -- Soviet territory of the USA. Currently the Republic is not recognized by the international community and by international organizations. That is why the issues of correlation between international law and Abkhazian law are quite topical and complicated. The solution to abovementioned problems is quite important in order to ensure the due entrance of Abkhazia into the world community of states.
Keywords: jurisprudence, international law. Republic, Abkhazia, USSR, legal system, sovereignty
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Erpyleva, N.Y. - International commercial arbitration: institutional and legal bases pp. 0-0
Abstract: This article is devoted to the topical issues of modern development of international legal bases of international commercial arbitration. Much attention is paid to international arbitration agreements and to the competence of international commercial arbitration. The author analyzes the provisional measures, and the order of recognition and execution of the foreign arbitral decisions. Finally, the author studies legal status of the institutional arbitrations in Russia, taking the ICAC and MAC of the Chamber of Trade and Commerce of the Russian Federation.
Keywords: jurisprudence, law, arbitration, court, process, trial, decision, status, institution, jurisdiction
Farkhutdinov, I.Z. - International investment law: from the “soft law” to the contractual norms pp. 0-0
Abstract: The legal internationalization of the national legislation of the state is a reasonable consequence of the globalization processes. At the same time the investment relations are more and more influenced by the international contract law. These international integration processes call for legal basis both at the international and at the national level. What are the topical tendencies and the further ways of development of these relations?
Keywords: international law, jurisprudence, integration, international contract, globalization, national legislation, international norms
Klevchenkova, M.N. - Proprietary rights on securities in international private law pp. 0-0
Abstract: Unification of the conflict of law norms on transborder turnover of the securities at the intermediate account is quite topical nowadays. Lack of legal clarity and predictability in the sphere of mediated keeping of securities raises the costs of turnover, credit risks, thus limiting the market of securities. On December 13, 2002 for the purprose of lessening the legal probles related to delegation of rights the international community decided to develop the Convention on the law appplicatble to certain rights to securities, which are kept at the intermediate account. Currently the Convention is signed by two states - USA and Switzerland (July 5, 2006), and the EU expressed its wish to join the Convention as well.
Keywords: international law, market of securities, operation with securities, property law, contract law, conflict of laws, Hague Conventions, international private law, EU law, securities
ESSENCE, DEFINITION, PRINCIPLES AND NATURE OF INTERNATIONAL ORGANIZATIONS AND THEIR RIGHTS
Kostenko, N.I. - The UN on the way to the new agreement on the issues of international security pp. 0-0
Abstract: One of the key goals of the international community in the XXI century is to ensure new deeper understanding of the collective security with all necessary functions, strategies and institutions, so that it shall be effective, economically rational and fair. The universal system of collective security shall allow to preserve peace and prevent wars. What is the role of the UN in its formation and development?
Keywords: international law, jurisprudence, UN, globalization, collective security, international organizations, international security
Shinkaretskaya, G.G. - Commission on the Limits of the Continental Shelf and regulation of the disputes in Arctic Regions pp. 0-0
Abstract: The article is devoted to the issues of activities of the CLCS, which was formed under the UN Convention on Maritime Law of 1982. The author describes the legal nature of the Commission, the issues on status of the members of the Commission.
Keywords: jurisprudence, international law, international maritime law, international justice, peaceful settlement of international disputes, CLCS, international disputes, judicial means, Arctic Regions
NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Kalamkaryan, R.A. - International legal aspects of military marine activity of the states pp. 0-0
Abstract: The author analyzes the legal regime of the movement of vessels in the open sea, in the gulfs and in the territorial waters of the states. Based on the practice of the ICJ, the author interprets such terms as the right of peaceful passage, the right to self-defence, etc., pays attention to specific examples of state activities in the sea, conflict resolution among the states.
Keywords: international law, the ICJ, gulf, territorial waters, open sea, right of peaceful passage, use of force, humanitarian intervention, the UN Convention on Maritime Law of 1982, the Convention on Territorial Sea of 1958
Lyakisheva, Y.A. - On the role of international legal regulation of genetic engineering pp. 0-0
Abstract: This article is devoted to the role of international legal regulation of genetic engineering, which becomes more and more topical from the standpoint of international regulation. Eating genetically modified foods may cause harm to human health to whole generations, and use and spread of genetically modifies organisms (GMO) may lead to the degradation of biological variety, regardless of the borders. That is why the issue of genetic engineering is more than just a domestic national problem, and it cannot be effectively solved within the limits of a particular state.
Keywords: international law, genetic engineering, GMO, invasion, Amman and Bangkok Resolution, Convention on Biological Variety, Cartagena Protocol, Aarhus Convention, Codex Alimentarius
Khlonova, N.V. - International corruption monitoring pp. 0-0
Abstract: Cooperation of states is a necessary precondition for successfully fighting corruption. In turn, it calls for constant watch over the corruption situation in every state, and in the world as a whole. The evaluation of level of corruption in various states is done by a number of international organizations. This article is devoted to analysis of this issue.
Keywords: international law, jurisprudence, monitoring, corruption, corruption situation, prevention, fighting
REGIONAL ASSOCIATIONS AND UNIONS
Mazitova, I.R. - On the issue on efficiency of the system of collective complaints under the European Social Charter pp. 0-0
Abstract: The Additional Protocol to the European Social Charter incorporates into it the system of collective complaints in order to make the control system more efficient by introduction of NGOs and shortening the time-span of procedures. This article includes the analysis of practice of review of collective complaints, and author also makes some predictions for the future.
Keywords: international law, jurisprudence, the EU, the ESC, collective complaint, additional provisions, the Charter
Parkhomenko, S.A. - The USA and the SCO: partnership and competition in the Central Asia pp. 0-0
Abstract: The current negative tendencies in the international relations, together with inability of the UN to provide adequateand timely reaction to there tendencies, provide the basis for the need to form new regional organizations and unions in order to guarantee the stability on a particular territory. The Shanghai Cooperation Organization is one of the organizations, which was formed to deal with these challenges and threats. What is the relationship between the SCO and the USA?
Keywords: USA, SCO, Central Asia, pro-Western zones, status quo, carbohydrates, integration, stability, the Silk Way
Remezova, N.A. - The prerequisites of the formation of the Eurasian integration group pp. 0-0
Abstract: The need for integration is one of the key ideas of modern international relations. The practice seems to show that no nation at the current period is capable to be self-sufficient, especially in the sphere of economics. This article by N.A. Remezova is devoted to the study of Eurasian integration at the post-Soviet territory based on an example of a number of international conventions and practice of their implementation.
Keywords: international law, jurisprudence, integration, Europe, Asia, cooperation, economics, globalization, grouping
International courts
Ushakov S.V. - The problem of forced execution of the decisions of the International Court of Justice and the law of the UNO pp. 0-0
Abstract: In this article the issue of the relation between the UN Security Council and the ICJ it viewed from the point of view of the role of the SC under Art. 94 (2) of the UN Charter, voting in the SC on the project of the Resolution, devoted to enforcement of the decisions of the ICJ. The author also pays attention to the provisions of the Art. 94, 27 of the UN Charter due to the broader competence of the SC under Chapters VI and VII of the UN Charter. Finally, the author pays attention to application of Art. 94 (2) of the UN Charter, with due attention paid to the temporary provisional measures.
Keywords: international law, jurisprudence, UN, the ICJ, competence, execution, Security Council, the UN Charter
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Prokudina, N.V. - International regulation of land protection in the EU pp. 0-0
Abstract: This article is devoted to the issues of legal regulation of the system of protection of land in the EU. The article contains the detailed analysis of normative acts, which regulate the activities of the EU in this sphere. The author analyzes the goals, strategies and means of institutions and other bodies of the EU, which are implemented in the sphere of protection and prevention of harm to lands. Finally, the author analyzes the system of monitoring and information guarantees for the protection of lands in the EU, comes to conclusion on peculiarities on their application and development.
Keywords: international law, protection, lands, monitoring, degradation, agrarian law, the EU
Guseva, O.V. - Legal bases for the capital flow in the EU pp. 0-0
Abstract: One of the leaders in the transnational investments flow is the European Union. The European Union has 40% of the accumulated direct investments. Currently it is necessary to consider triple- polar global structure of direct foreign investments: USA, European Union, Japan. Capital flow in the EU is an impressive economic instrument for connecting national economies in the common European economy. Capital flow can be seen as transfer of material (sharing, realty etc.) and monetary resources (credits, bonding etc.) for the purpose of implementation of a certain right or in exchange for certain right. Free capital flow in EU law means revocation of all measures, which undermine conclusion and fulfillment of deals, which are connected with such transfer among the residents of different countries. Close examination of the Maastricht treaty and the specific wording shows that henceforth in accordance with the European Union law the foundation and liquidation of investments carried out inside and outside of the European Union are being liberalized.
Keywords: European Union, European law, capital flow, foreign investments, treaties on EU, Treaty of Rome, Maastricht treaty, Directive 2004/25/EC, national law unification
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