DOI: 10.7256/2454-0633.2013.2.8808

Abstract:

DOI: 10.7256/2454-0633.2013.2.62773

Abstract: The article includes analysis of such categories as peace, right to peace and right of peace within the framework of international legal relations. The author studies the reß ection of these categories in international legal acts, drafts of international legal acts and doctrine, and he also provides his own position on the subjects of the right to peace and mechanisms for the implementation of this right. The author analyzes the Western and the post-Soviet international legal doctrines on the issues of peace, acts of the General Assembly and the Human Rights Council of the UN and UNESCO on right to peace. It is noted that the right to peace is a global natural right of peoples, which should be regarded together with the rights to self-determination and to oppose oppression. It is offered not to equal the right of peoples to peace with the right of individuals and social groups to take part in implementation of this right. The author offers to depart from the concept of the exclusive competence of certain states to protect the right to peace for their peoples. At the same time, the author disagrees that the states have a right to facilitate the right to peace of the peoples, which do not possess connection with these states. The article proves that monopolization of the system of guarantees of protection of the right to peace by the states in the international relations should be revised. The author provides a hypothesis that the right to peace cannot be regarded as a higher value than a right of peoples for development, self-determination or opposition to oppression. At the same time correlation of these rights does not mean that they can be substituted with each other. Implementation of one of the rights of peoples should not lead to the considerable limitation to its other global rights.

Keywords: responsibilities of the peoples, human rights, international norm-making, UNESCO, UN, implementation of right, status of the peoples, rights of the peoples, global rights, responsibility of the peoples.

DOI: 10.7256/2454-0633.2013.2.62774

Abstract: The article includes analysis of the problem of defining the international community as the current stage of political and legal evolution.. Most researchers use the definition of international community, however, its contents and terminological definition were not duly represented in legal science till now. The analysis in this article allows to formulate the characteristic features and the definition of international community. The author discusses the key features of international community, which allow to single it out as a special stage of civilization development. Analysis of the subject of this study is supported by the empirical data and socio-cultural method of study. The positions which are provided in this article considerably widen the scope of scientific cognition in the sphere of theory of state and international relations. The results of this study may be used in the international law-making and practice of implementation of international law.

Keywords: international law, international community, integration, state, treaty, information, evolution, global.

DOI: 10.7256/2454-0633.2013.2.7825

Abstract:

DOI: 10.7256/2454-0633.2013.2.62775

Abstract: The article concerns with the specific features of international intergovernmental organization resolutions as a type of sources of international soft law. The author then makes a conclusion that the mechanism of implementation of resolutions (recommendations)of an international organization by its member states is an independent one, and differs from the mechanism for the member state obligations under the treaty and non-member states obligations on implementation of a resolution as passed by the international organization under a convention. The author studies place and role of the IMO Resolutions within the mechanism of international legal regulation of the marine environment protection. He singles out specific features of the norm-making activities of the IMO in the sphere of marine environment protection, and he offers to classify the IMO Resolution into three types: those containing binding norms, those containing nonbinding recommendations, and those containing both binding norms and recommendations.

Keywords: international law, international organizations, soft law, conventions, resolutions, sources of international law, recommendations, obligatory norms, the UN, the IMO

DOI: 10.7256/2454-0633.2013.2.62776

Abstract: The article is concerned with the criteria for the accepting the states as the new UN Members, as well as some specific features of the procedure for such accepting. The author also views the activities of the UN Security Council, including the Committee on the Admission of the New Members of the UN Security Council. It is noted that the Committee often used its power to request additional information from a candidate state. It is stated that accepting the new Member States by the UN Security Council and by the UN General Assembly without the involvement of this Committee has political character, while the activities of the Committee allow to provide legal grounds for the candidate state meeting (or not meeting) the criteria under Art. 4 of the UN Charter. It is concluded that the activities of the Committee are of importance, and its participation in the procedure of accepting new Member States to the UN is not a mere formality.

Keywords: the UNO, the UN Security Council, the General Assembly, the Committee, membership criteria, the UN Charter, temporary rules, state

DOI: 10.7256/2454-0633.2013.2.7737

Abstract:

DOI: 10.7256/2454-0633.2013.2.8788

Abstract:

DOI: 10.7256/2454-0633.2013.2.7635

Abstract:

DOI: 10.7256/2454-0633.2013.2.7786

Abstract:

DOI: 10.7256/2454-0633.2013.2.62780

Abstract: The problems regarding implementation of the international legal norms in the sphere of protection of human rights of a customer have great global value in the condition of high level of economic cooperation. The author shows the perspectives of cooperation of the international organizations of states and regions in this sphere. Russia develops its legislation in accordance with the norms of international law, and the Eurasian states have perspectives for the consolidated resolution of these problems, which should be successful.

Keywords: international law, security, state, population, economics, services, goods, consumption, turnover of goods, prices.

DOI: 10.7256/2454-0633.2013.2.62781

Abstract: The article is devoted to the role and place of norms of international law within the Russian legal system. Much attention is paid to the levels and orders of legal regulation in the sphere of application of international law. The author analyzed the views of legal scholars on this issue, and he made some conclusions on correlation between international and national legal norms. The novelty of this article was in separating international and national norms into orders. The goal was to provide detailed evaluation of international and national law.

Keywords: international law, place, role, norms of law, domestic law, Russian Federation, legal system, sources of law, transformation, principles of law.

DOI: 10.7256/2454-0633.2013.2.62779

Abstract: The article is devoted to the value of the International Court of Justice as a key judicial body of the UN. The author studies its characteristics, which make the ICJ the most valuable element I the sphere of protection of international legal order and compliance with the international law. The author compares it with the arbitration bodies, he studies the nature of international legal disputes of political character, their legalization by court examination. The author studies various qualities of the ICJ as an international judicial body, and compares it with the national judicial bodies, he evaluates various aspects of judicial procedure., as well as definitions of legality and universal legal order, including its elements and characteristic features.

Keywords: international law, the ICJ, legality, legal order, good faith principle, arbitration, justice, international obligation, the dispute among the states, court jurisdiction.

DOI: 10.7256/2454-0633.2013.2.8085

Abstract:

DOI: 10.7256/2454-0633.2013.2.62782

Abstract: The peace-making activities of the international organizations, and mandatory states is a key instrument for the support of peace in the modern world. The peace-making activities of the USA and its NATO allies provide a vivid example in this sphere, since their psychological operations for the management of international conflicts around the world provide great amount of factual material and are reflected in official documents, normative acts, doctrines and strategic conceptions, showing the role and place of modern conflict management technologies in the international competition as well as in any forms of global and regional international conflicts, as well as their influence on the evolution of modern conflicts. It should also be noted that the use of international conflict management technologies for the peace-making operation currently takes place in the conditions of the formation of the new global order, formation of the new centres of power, changes in the role of the existing political institutions, military political blocks, and lack of balance in the traditional collective security mechanisms in favour for the radical means used for achieving the goals, which in turn makes the conflicts more difficult to manage ad to influence, calling for the new forms and methods for the outer management of the conflict processes.

Keywords: international law, peace-making activities, peace-making operations, international conß icts, legal regulation, subjects of law, the UN, the USA, the political technologies, legal coercion.

DOI: 10.7256/2454-0633.2013.2.4955

Abstract:

DOI: 10.7256/2454-0633.2013.2.6341

Abstract:

DOI: 10.7256/2454-0633.2013.2.62777

Abstract: This Article deals with issues of cooperation among European Union member states in the field of criminal legal proceedings within the frames of the Eurojust. Particular attention is paid to issues of legal nature, status, objectives, competence, organizational structure and main directions of operation of Eurojust as well as to issue of competitive jurisdiction.

Keywords: international law, Eurojust, Europol, European Judicial Network, European arrest warrant, Joint Supervisory Body, criminal justice, criminal process, investigative jurisdiction, competitive jurisdiction

DOI: 10.7256/2454-0633.2013.2.62778

Abstract: The article is concerned with the legal aspect of regulation of the relations in the sphere of financial services in the EU. The author discusses specific features of implementation of the principle of the free movement of capital within different financial services sphere.

Keywords: international law, the European law, the European economic law, the European financial law, the European Union, the European economic integration, financial market of the EU, financial services in the EU, the EU inner market, the movement of capitals in the EU

DOI: 10.7256/2454-0633.2013.2.8762

Abstract:

DOI: 10.7256/2454-0633.2013.2.8723

Abstract:

DOI: 10.7256/2454-0633.2013.2.62783

Abstract: The article includes analysis of the French followers of Bertrand D’Argentre, who in turn was the founder of the French theory of statues in the international private law. It is concluded that the theory of three statutes, as offered by B. D’Argentre was hardly accepted in the French doctrine of conflict law of XVII century. 17 scientists of that time are known to us, and they made a great influence on the development of international private law, while we may only recognize there of them as the followers of Bertrand D’Argentre (Paul Challine, Denis Simon, Denis Lebrun). It was Paul Challine who reintroduced the rule for the three classes of statutes (real, personal and of mixed nature) into the conf lict studies after this classification was almost forgotten for 80 years. The dissertation of Denis Simon serves as evidence of spread and application of the D’ Argentre’s system in France in late XVII century. The thoughts of Denis Lebrun show the great inf luence of this theory by the end of XVII century. It was thanks to the works of these three scientists, that the theory of D’Argentre was finally accepted in France.

Keywords: international private law, XVII century, France, theory of statutes, D’Argentre, judicial practice, coutume collisions, real statutes, personal statutes, mixed statutes, Paul Challine, Denis Simon, Denis Lebrun

DOI: 10.7256/2454-0633.2013.2.6955

Abstract:

DOI: 10.7256/2454-0633.2013.2.8753

Abstract:

DOI: 10.7256/2454-0633.2013.2.62784

Abstract: Protection of lands (soils) is one of the most topical problems, which both the international community and the states have to face. Together with climate change, lowered biological variety, atmosphere and water pollution, overproduction of waste, anthropogenic catastrophes, etc., it becomes a more and more important issue within the general mass of negative influences on the environment, lowering the quality of life of people. That is why specialists, lawyers, environmental specialists, economists of various states strive to find efficient means for the prevention of further worsening of quality of lands (soils) and to regenerate their quality. One of the means of such protection is legal responsibility. May states develop and implement means of civil law responsibility, including fines and administrative legal sanctions. Criminal legal prohibitions serve as the most severe reaction to the violations of the legislation on protection of lands.

Keywords: international law, protection, lands, soils, harm, responsibility, casuistry, soils, the European Union, the UN, France

DOI: 10.7256/2454-0633.2013.2.62785

Abstract: The article includes a review on the monograph, which was presented within the framework of an international interdisciplinary project on coordination of various needs in the coastal areas with the accent on the water environmental systems and fisheries, in which T. Markus, LL.M., took part from 2005 to 2008 From the standpoint of legal sciences, especially criminal, environmental law and forensic studies, the problems of preservation of water biological resources and fishing regulation are closely related to the violations of law, corruption, organized crime, including trans-national organized crime and other violations. That is why it is quite useful for a Russian reader to get acquainted with these studies by T. Markus on fisheries law in the EU. In spite of critical evaluations of the EU environmental policy on fisheries and preservation of water biological resources, taking into account the current reality and practice of other states, the author of the monograph comes to a conclusion that the EU regime is probably the most well-developed system of fisheries management in the world.

Keywords: The European Community, fisheries law, development, management, administration, fisheries, fish supply, biological variety, allowable catch, ecological sustainability, quotes.