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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 02/2012
Contents of Issue ¹ 02/2012
Question at hand
Vidus D.E. -
Abstract:
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Izhikov M.Y. -
Abstract:
Izhikov, M.Y. - Conventional bodies within the system of protection of human rights: some problems and their solutions. pp. 6-15
Abstract: The article is devoted to the analysis of the system of conventional bodies, as established by the universal treaties on protection of human rights. Having studied their activities, the author singles out the problems of these systems, which diminish the effi ciency of protection of human rights at the international level. In the author’s point of view such problems include the states ignoring their obligations on periodic reporting, doubling, contradictions in the work of the committees, lengthy procedures for the review of claims and complaints, etc. Trying to solve these various problems, the conventional bodies develop some measures, including early prevention and immediate action, they pass general resolutions, provide the states with the specifi c prescriptions on the ways to restore the violated rights of claimants, they fi ght the overbroad exceptions to the conventions, involve into their work various law-protecting organizations. However, the author considers these measures insuffi cient Having studied the proposition of the High Commissioner of the UN on Human Rights, the author formulates the alternative proposal for the enhancement of the effi ciency of this system.
Keywords: international law, rights, human, committees, conventional, bodies, reform, reports, problems, protection.
Smirnova, E.S. - Perspectives of solving the maritime piracy problems in the XXI century. pp. 16-33
Abstract: This article is devoted to the activities against piracy of the International Maritime Organization, the International Criminal Court, the NATO, and the UN. The author studies the issues of bilateral and multilateral cooperation among the states, which is meant for fi ghting piracy outside the organizational structures of the international law. The article also includes analysis of the most recent legal acts of international law regarding maritime piracy, as well as some related issues (such as drug traffi cking).
Keywords: jurisprudence, security, navigation, ocean, cooperation, criminalization, searching, hostage, prosecution.
Yastrebova, A.Y. - International legal bases and directions of international cooperation in the sphere of protection of children. pp. 34-43
Abstract: International legal mechanisms for the protection of children currently form the complex of norms and institutions, which are applied in order to regulate the relations among the states in this sphere. The article includes analysis of the general and specifi c principles of protection of rights of children, as well as of the peculiarities of its implementation outside the territory of the state of citizenship, and the of the international legal prohibition in the sphere of human traffi cking and exploitation of underage persons. International law provides for the special forms of protection of children at the time of armed confl ict.
Keywords: rights of children, principles and prohibitions, stopping human traffi cking, international legal protection, armed confl icts.
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Vishnevskiy P.N. -
Abstract:
Erpyleva N.Y., Get'man-Pavlova I.V. -
Abstract:
Erpyleva, N.Y., Getman-Pavlova I.V. - Codifi cation of international private law in the Republic of Georgia. pp. 44-75
Abstract: The article is devoted to the analysis of the fi rst act of autonomous complex codifi cation of international private law and international civil process at the post-Soviet territory, that is the Law of Georgia N 1362-11c “On International Private Law” (in force since October 1, 1998). The author analyzes the sources of this law, its focus on German law. The author provides a detailed study of general provisions of international private law, as enshrined in this law, confl ict of laws norms on personal rights, law of estate, law of obligations, family law, and inheritance law. The author then comes to a conclusion that in spite of numerous gaps and unclear formulae the Law of Georgia “On International Private Law” is a serious step of the national legislation of Georgia towards the formation of the modern mechanism for the regulation of relations with the foreign legal order.
Keywords: international law, law, norm, regulation, confl ict of law, system, code, health, institution, law.
Vishnevskiy, P.N. - International fi nancial deals in the Muslim law. pp. 76-85
Abstract: The article is devoted to the legal issues regarding international fi nancial contracts, which are concluded in accordance the rules of the Muslim law. The author analyzes the term “riba” in the Muslim law, the practice of its interpretation and application. Part of this article casts the light on the issues of regulation of the banking service market in Iran, as well as on the international standards and principles regarding fi nancial deals, concluded in accordance with the Muslim law.
Keywords: international law, percentage, riba, credits, obligations, legal relations, the Koran, the Sunna, fi nances, insurance.
NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Abaturov A.I. -
Abstract:
Abaturov, A.I. - International standards in the sphere of control over the persons, released from the confi nement institutions. pp. 86-91
Abstract: The article includes analysis of international legal acts, which provide detailed regulation on lowering the level of relapse crime by control over the persons released from confi nement institutions. Having evaluated the institution of probation the author establishes the legal segment of post-penitentiary control and review, and offers to possibly implement some of such positions into the Russian legislation.
Keywords: international law, probation, post-penitentiary control, probation service, Framework Decisions, relapse crime, the Rules of the Council of Europe on Probation, member states of the EU, the European Probation Organization, prisoners.
Vidus, D.E. - Responsibility of states for genocide. pp. 92-102
Abstract: The work examines an attempt to criminalize responsibility of a state for genocide as well as the conditions under which the state bears such responsibility. The work reviewed the court practice when rulings were given that defi ne the conditions of the said responsibility. The work also reviews the most liberal opinions on criminal state responsibility for genocide.
Keywords: genocide, state responsibility, criminal state responsibility
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Khagush K.K. -
Abstract:
Khagush, H.H. - Role of international bilateral treaties in the sphere of regulation of military technical cooperation between the Russian Federation and the foreign states. pp. 124-132
Abstract: Currently the states and other subjects of military technical cooperation should be guided by the general principles of international law, as well as by specifi c principles, rules and norms, as enshrined in the bilateral and multilateral treaties among the states. The military technical cooperation of the Russian Federation with the foreign states is regulated by the international bilateral treaties, which establish special legal bases for the relations among the states in the sphere of military and technical cooperation.
Keywords: international law, military and technical cooperation, principles of international law, norms of international law, international economic law, regional security, treaty on military and technical cooperation, production of weapons, production of military machinery, development of defense industry.
International courts
Khubieva M.R. -
Abstract:
Smbatyan A.S. -
Abstract:
Smbatyan, A.S. - Procedural decisions in the framework of inalienable and presumed competence of the international judicial bodies of the WTÎ. pp. 113-118
Abstract: The constituent instruments of the international judicial bodies of the WTO provide for the judicial procedure in general, as well as to the basic rights and freedoms of the participants of the procedure. In practical work these bodies do not limit themselves to these documents, and they actively use implied and inalienable powers. The value of their decisions on procedural issues often goes beyond the technical need to resolve the dispute. The procedural decisions of the international judicial bodies are capable of and should be able to provide for greater effi ciency of justice in general.
Keywords: international law, competence, inalienable, justice, WTO, IJB, amicus curiae, brief
Khubieva, M.R. - Confl ict of jurisdictions in cases of prescription of temporary measures of legal protection when resolving international maritime disputes. pp. 119-123
Abstract: The article is devoted to the legal nature of one of the key institutions of the international procedural law, that is, the prescription of temporary protective measures. The author analyzes the existing judicial practice on this issue, taking the International Tribunal for the Law of the Sea as an example. The author points out the role of the UN Convention on Maritime Law of 1982 in the resolution of international disputes.
Keywords: international law, international procedural law, international maritime law, temporary measures of legal protection, the UN Convention on Maritime Law, the Permanent Chamber of International Justice, the International Tribunal on Maritime Law, peaceful resolution of international disputes, international judicial institutions, international arbitration.
International law and international organizations interaction
Voronina A.S. -
Abstract:
Voronina, A.S. - The European Space Agency and the Commonwealth of Independent States: models of cooperation in the outer space. pp. 103-112
Abstract: The article includes analysis of the mechanisms of cooperation of the states in the sphere of outer space between the two international organizations: the ESA and the CIS. Much attention is paid to the forms of cooperation, the issues to be dealt with, the mechanisms for the coordination of the efforts of the Member States. The comparative analysis of the normative bases and practical results shows the principal differences between the mechanisms of cooperation which are used in those organizations. The cooperation within the CIS currently faces considerable organizational and political diffi culties. The perspective of the ESA is in the greater integration of the ESA and the EU states in order to achieve the goals more effi ciently at the European rather than national level. The author comes to a conclusion that it is possible to use the experience of the ESA in order to develop cooperation in the sphere of space at the universal level.
Keywords: international law, space, cooperation, the NIS, the ESA, integration, commercialization, fi nancing, forms, Baikonur.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Belyakov A.V. -
Abstract:
Belyakov, A.V. - The order of acquiring permissions for the use of medications in the European Union. pp. 133-140
Abstract: The article includes specifi c features of the procedure of the provision of medications into the inner market of the EU. The author discusses the most relevant bodies of the EU and other European institutions in the sphere of regulation of such access. The author studies international legal acts of the EU, which regulate such a procedure.
Keywords: international law, the European law, the European Union, the medical law, medical services, medications, health of the people, inner market of the EU, public health service.
HISTORY OF INTERNATIONAL LAW AND INTERNATIONAL ORGANIZATIONS
Bondarenko E.Y. -
Abstract:
Antonov I.P. -
Abstract:
Parshin, A.N. - Formation and development of the mechanism of legal regulation between the USSR and Germany in the sphere of military cooperation in the years 1922 – 1933. pp. 141-154
Abstract: The issues of military cooperation between the USSR and Germany before the 2nd World War are part of our history. In spite of large number of monographs and scientifi c researches by Russian and foreign scientists they all have “black holes and gaps”. This matter is of great interest to the young scientists, who study international relations and international law. Trying to fi ll the gaps in the historical past the author paid attention to the regulation of this type of international cooperation. It is quite symbolic that the study took place in 2012, which is a Year of Russian History in Russia.
Keywords: international law, the Versailles system, cooperation, the Moscow Center, people’s commissariat, defense industry, Reichswehr, Rapallo treaty, the reparations, economical offi ce.
Bondarenko, E.Y. - International legal aspects of war captivity in the international and Russian normative legal acts of late XIX – early XX centuries. pp. 155-171
Abstract: In late XIX century – early XX century a number of international and Russian conventions on the issues related to war captivity was accepted. These documents enshrined the key provisions on rights and obligations of prizoners-of-war, the norms of behavior were regulated. The article by the Doctor of History Professor E.Y. Bondarenko includes analysis of the key international legal aspects of war captivity in international and Russian documents of late XIX – early XX centuries. The author gives a number of examples on treatment of Russian and foreign prisoners-of-war at the time ot total wars and military confl icts.
Keywords: international law, history of international humanitarian law on prizoners of war, regime of occupation, combatants, Declarations and Conventions on the treatment of prizoners of war, the ICRC, international treaties on prizoners-of-war, normative acts on prizoners of war, Government decrees on prizoners of war, international conventoins for the protection of victims of war.
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