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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 03/2012
Contents of Issue ¹ 03/2012
Question at hand
Vidus D.E. -
Abstract:
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Voronina A.S. -
Abstract:
Voronina, A.S. - Codification of international space law. The Space Convention or the Code of Conduct? pp. 6-15
Abstract: The article includes analysis of the perspectives of codifi cation of the international space law in the light of the tendencies of development in this sphere. The author studies two possible legal forms of codifi cation, that is the United Space Convention and the Code of Conduct. Then the author shows positive and negative features of each of these, and she comes to a conclusion that the states are ready to view the issue of development and ratifi cation of an uniform international legal act in the nearest future.
Keywords: international law, space, the Convention, the Code, codifi cation, cooperation, the UN, law, form, universal.
Vidus, D.E. - The issue on the protected groups and identifi cation of victims under the Convention on Prevention and Punishment of the Crime of Genocide pp. 16-27
Abstract: This paper is devoted to one of the vital issues, which are raised among academicians, that is, to the expanding groups which are protected by the Convention on the Prevention and Punishment of the Crime of Genocide» (the Genocide Convention) and their identifi cation after the crime committed. The issue of expanding the groups which are protected by the genocide convention had emerged long ago. Furthermore, this issue has retained its practical character for a long period of time, since many states in their domestic laws started to distort the Genocide Convention. These actions have resulted into considerable confusion and in many cases it involves the issues of justice. As to the identifi cation of victims, the author reviews practical approaches, as applied by ICTR (International Criminal Tribunal for Rwanda) and ICTY (International Tribunal for former Yugoslavia). These approaches have been harshly criticized by the academic community. The paper provides a defi nition for the every protected group, due to the gap in the Genocide Convention since the Convention does not defi ne specifi c groups.
Keywords: genocide, protected groups, Convention on the Prevention and Punishment of the Crime of Genocide, victim identifi cation.
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Erpyleva, N.Y., Maksimov, D.M. - Legal regulation of international carriage by rail. pp. 28-55
Abstract: This article is devoted to the topical issues of legal regulation of the international railroad transportation of goods, passengers and their luggage within the structure of the international transport law. The latter, being a branch of international private law, is a complex of legal norms, which are refl ected in the national legislation, international treaties and customs, which regulate the obligations on transportation of goods, passengers and their luggage on the international routes. The specifi c feature of legal regulation of transportation of goods, passengers and luggage on the international routes is a large amount of material legal norms of international character, as compared to the confl ict of laws norms, as well as the variety of norms of domestic legislation of states, which are formulated for this purpose. The article includes analysis of the key sources of international transport law, which apply to railroad transportation, such as the Berne Convention Concerning International Carriage by Rail of 1980, which Russia has joined in 2009. The object of the legal analysis was the legal status of the subjects of the contract for transportation, key obligations of the parties to the transportation contract relations, responsibility of carrier for the non-performance or incompliance to the conditions of performance of his obligations under the contract, the order for claiming reclamation and resolution of disputes arising from such contracts.
Keywords: international law, transportation, carrier, sender of goods, receiver of goods, passenger, luggage, contract, responsibility.
Kasatkina, A.S. - Confl ict of laws and material regulation of international passenger transportation. pp. 56-66
Abstract: This article is devoted to the issue of confl ict of laws and material regulation of international passenger transportation. This article includes detailed analysis of national and international legal regulation of passenger transportation for the various types of transport. In particular the author views the issues of classifi cation and types of attachment of the confl ict of laws norms in the sphere of international passenger transportation.
Keywords: international law, international private law, international transportation, passenger, luggage, international contract, passenger, luggage, international contract, national legislation, material law, confl ict of laws law, attachment formula.
Adjelou, Christian Arnaud - Cross-border insolvency in OHADA Member States. pp. 67-70
Abstract: The author speaks of the African model of cross–border insolvency within the context of the Uniform Act organizing Insolvency and Liquidation Proceedings of 4 April 1998, of the Organization for the Harmonization of Business Law in Africa. In the article, the author reviews the following methods as outlined in the Act: universal method and territorial method. In the fi nal analysis, the author has got an opinion that none of these two methods is effective in solving the legal problems associated with the insolvency in Africa and consequently, the author proposes conclusion of agreements between OHADA and other leading economical blocks as European Union, NAFTA,ASEAN etc. for more effective solution of the problem.
Keywords: OHADA, cross–border insolvency, Uniform Act, Harmonization, principle of universality, territorial principle, debtor, creditor, collective procedure for the liquidation of liabilities.
INTERNAL ORGANIZATION OF INTERNATIONAL ORGANIZATIONS AND THE NATURE OF THE "INTERNAL" LAW OF INTERNATIONAL ORGANIZATIONS
Kurbanov R.A. -
Abstract:
RESPONSIBILITY OF INTERNATIONAL ORGANIZATIONS
Sazonova, K.L. - Key aspects of international legal responsibility of international organizations. pp. 124-128
Abstract: This article includes a review of the key international legal aspects, which are related to the problem of responsibility of international organizations. Just like the states, the international organizations are fully empowered subjects of international law, and the quantity of international organizations exceeds the quantity of states. The functioning of so many subjects, whose functions touch upon the interests of al of the participants of international community makes the issue of their responsibility especially topical. The author concentrates on such important aspects, as the legal capacity of the international organizations, the grounds for their responsibility and forms of such responsibility. In the light of the criticism of the activities of some international organizations, such as the UN, the NATO, the LAS, etc., it seems necessary to intensify the efforts on the codifi cation of this institution and to attract the attention of the international community to this problem.
Keywords: international law, organizations, responsibility, codifi cation, project, harm, offence, legal capacity, forms, grounds.
SPECIALIZED UN AGENCIES
Shugurov, M.V. - The activities of the World Bank in the sphere of global dissemination of knowledge and technologies: law and practice. pp. 83-97
Abstract: The article is devoted to the study of the functions of the World Bank as a “bank of knowledge”. Much attention is paid to the policy of open access to the offi cial publications, which form the legal basis for the further reforms in the Bank towards its more open and effi cient activities. The author accents the input of the World Bank into the guarantees of all-inclusive and effi cient implementation of rights and freedoms of people, as relevant to the scientifi c and technological progress.
Keywords: international law, knowledge, globalization, cooperation, effi ciency, progress, science, openness, information.
International courts
Kostenko N.I. -
Abstract:
Kostenko, N.I. - The United Nations Organization and the development of international criminal justice. pp. 71-82
Abstract: The article is devoted to the topical goals for the UNO in the XXI century. These goals refl ect the achievements of the global community, that is: fi rstly, the sustainable system of criminal justice, which should become the central element for the structure of supremacy of law; secondly, recognition of the central role of the criminal justice in the development issues; and thirdly, the necessity of the all-inclusive approach towards the reform of the criminal justice system in order to make it more effi cient in fi ghting crime. The UN Member States should evaluate the possibility of introduction of the ruling principles and standards into the national legislation, and if necessary they should guarantee the application to of main principles, as refl ected in the General Principles of application of the programs for the restitution justice in the sphere of criminal justice.
Keywords: international law, Congress, criminal, justice, system, principles, standards, restitution, justice, processes.
International law and international organizations interaction
Danelyan A.A. -
Abstract:
Danelyan, A.A. - Role of international organizations in the regulation of international economic relations: experience, modern problems and tendencies. pp. 116-123
Abstract: The most typical tendencies for the development of the international economic order is the fact that international cooperation is constantly transferring from the bilateral to the multilateral regulation. The international multilateral and regional economic and fi nancial organizations are key to the international multilateral and regional economic and fi nancial organizations.
Keywords: international law, investments, sovereignty, arbitration, international, movement of capital, practice, economic, cooperation.
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Baburin, S.N., Kurbanov, R.A. - The legal regulation of the nuclear energy in the EU. pp. 98-115
Abstract: The security of nuclear energy is viewed by the authors of this article as a key aspect of the European energy law in the sphere of nuclear energy. The author analyzes a number of acts of the European legislator on these issues (Directives, Regulations), and the compliance of the European standards for the nuclear security to the international standards, as well as some aspects of infl uence of international and supra-national (European) standards for the nuclear security on the legal regulation of security in the sphere of nuclear energy by the EU Member States.
Keywords: international law, the European law, energy law, atomic (nuclear) security, nuclear energy, legal regulation, Directives, Regulations, standards of security in the sphere of nuclear energy, the European Union.
Sources used
Sintsov G.V. -
Abstract:
Sintsov, G.V. - International program regulation as modern phenomenon. pp. 129-131
Abstract: The review of the monograph by the Ukrainian international legal scholar V.B. Babin is devoted to the problems of program regulation of international relations. The author reviews the level of legal doctrine in regard to the problem of phenomenology of the international legal programming in a historical, axiological and ontological contexts. The author stresses the importance of the analysis of the program potential of the international legal relations within the framework of the modern international legal doctrine in the light of program forms and norms of international law. It is noted how important it is to study normative legal nature of the programs, which are accepted and approved by the states and international organizations.
Keywords: international law, international relations, forms of international law, international programs, program regulation, program international norms, international goal-oriented programs, the Ukrainian school of international law, globalization, sustainable development.
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