DOI: 10.7256/2454-0633.2014.1.11411

Abstract:

DOI: 10.7256/2454-0633.2014.1.64074

Abstract: The discussions on the role of Internet, its global functioning and formation of the models for its trans-border use, the issue of who controls and manages the Internet is key. This article contains analysis of problems of Internet management in relation to the functioning of the multidimensional model of Internet management within the context of cyber-security problems. In the opinion of the author the cyber-security may not be viewed outside the context of Internet management in general and formation of the model for the Internet management in particular, since a different approach to understanding cyber-security may lead at least to polycentrism and fragmenting of the Internet within the frameworks of national jurisdiction of the states, and it may destroy the global networks, becoming an obstacle in the trans-border functioning of the Internet, as well as to the domination of state in the multi-stakeholder model of Internet management. The article also analyzes the Tallinn Manual on the International Law Applicable to Cyber Warfare of 2014, discussing the issues of role and value of modern international law.

Keywords: Internet, management, international cooperation, cyber-security, global network, cyber-warfare, international law, cyber-space, multi-stakeholderism, self-regulation.

DOI: 10.7256/2454-0633.2014.1.11578

Abstract:

DOI: 10.7256/2454-0633.2014.1.64075

Abstract: The article concerns the issues regarding the basic categories and mechanisms of regulation of check relations by the norms of international check law and Russian legislation. Check is a document providing for an unconditional order by the check issuer to a bank to make a payment in the amount stated in a check to a check-holder. The most significant characteristic features of the legal nature of a check is its qualification in the Russian law as a security, which may be followed throughout the process of development of legal regulation of this legal instrument. The author provides for a detailed study of legal nature, form and types of checks, also providing detailed studies of the key types of check relations, such as endorsement, payment and avalization of checks, as well as scrupulous analysis of the procedural legal consequences of non-payment on checks and means of protection of check requests. In the article with the use of comparative method the author provides detailed analysis of norms and mechanisms of legal regulation of check relations, as provided by the Geneva Cheque Conventions and by the Russian legislation, other laws and bylaws. The analysis of norms of the Russian legislation allowed the author to state that the check is a classic security, having all the universal characteristics, as well as fragmentary characteristics. Check is recognized as a security by the law (the Civil Code of the Russian Federation), proving its legitimacy, and being a security it proves subjective civil proprietary rights, namely, the right of a holder of a check to get a check sum in the bank where the check is drawn. The check is a documentary security (it has documentary and formal characteristics), and it is a document issued in accordance with legal requirements and proving the obligations and other rights, which may be implemented or transferred upon presentation of such documents. Based upon the above-mentioned comparative legal study the author makes a conclusion that Russia should join the Geneva Cheque Conventions and introduce significant changes in to the current Russian legislation on checks.

Keywords: international check law, Russian legislation, check relation, paying bank, holder of a check, endorsement of a check, avalization of a check, statement of certification by a notary, the Geneva cheque.

DOI: 10.7256/2454-0633.2014.1.11442

Abstract:

DOI: 10.7256/2454-0633.2014.1.64076

Abstract: The article concerns the means of implementation of international legal norms. The author provides analysis of the doctrinal points of view on this issue, analyzing the gap in law regarding transformation of international treaties regulating specific international crimes, which are not included into the criminal law of the states. At the same time, the author analyzes two leading points of view: dualistic and two monopolistic ones regarding correlation of international and national law in the sphere of fighting crime. The author provides a principal evaluation of the jurisdiction of the International Tribunals for Former Yugoslavia and Rwanda and the International Criminal Court. The author analyzes temporal and territorial application of international treaties on fighting international crime within the framework of globalization. The methodological basis for this work is formed by the dialectic cognition method with the application of principles of development, integrity and systemic character. The article applied general and special legal methods: comparative, systemic structural and theoretical methodological. The article provides further development of the theoretical bases for fighting international crimes (conventional crimes). Till currently there were no sufficient attempts to study this issue in the Russian science of international criminal law. The author offers to divide international crimes (conventional crimes) into five groups, which shall form special part of the international criminal law. The list of groups and elements of crimes may be widened, transformed and incorporated into the national criminal codes.

Keywords: treaties, implementation, transformation, ratification, incorporation, jurisdiction, delimitation, economic zone, continental shelf, commercial bribery.

DOI: 10.7256/2454-0633.2014.1.11557

Abstract:

DOI: 10.7256/2454-0633.2014.1.64077

Abstract: The article concerns the issue of use of narcotic and performance enhancing substances (doping) in the international sports movement. The author states that currently in all continents there are special laboratories providing analysis of samples for establishing presence of performance enhancing drugs. For a long time the IOC and several international sports federation remained the only ones among the international sports organizations fighting performance enhancing drugs in sports. The author discusses the issue of formation of special international and national bodies for fighting use of performance enhancing drugs. The author also studies the activities of the World Anti-Doping Agency. The author analyzes a number of facts concerning the use of performance enhancing substances an provides their legal characteristics. The author uses classical study methods, including comparative legal method, studying a number of international legal documents and the Russian legislation concerning use of doping in sports. The author considers that there is no grounds for adopting the legal provisions of the Sports Code of France or the French model of codification of sports legislation as a whole, while it may be viable to use positive French experience in the process of improvement and codification of the Russian legislation.

Keywords: international sports movement, doping, narcotic addiction, psychoactive substances, precursors, medications, the Olympic movement, criminal responsibility, sportsman, trainer.

DOI: 10.7256/2454-0633.2014.1.11556

Abstract:

DOI: 10.7256/2454-0633.2014.1.64078

Abstract: The article concerns various aspects of the legal status of a crime victim in the international criminal process. It is stated that both the norms on victims and the norms of witnesses should apply to the definition of such a status. These issues are regarded in two dimensions: a victim as a witness in the International Criminal Court and the victim as a witness in the international criminal ad hoc tribunals (such as the ICTY). The author considers that specific features of international crime and international criminal tribunals (such as the geographical distance between the place, where the crime was committed, and the place where the process is held, gravity of a crime, possible continuation of mass repressions and absence of international police forces, require the higher threshold of protection of witnesses, which is especially important in the international criminal process. The author also states that the witness protection measures should be combined with the right of an accused to fair trial, especially concerning public open character of a judicial process. Sometimes the protective measures contravene this principles (specifically, when the hearings are closed). Finally, the author notes that the complicated character of protection of victims providing testimony as witnesses is also due to the fact that both the norms regarding victims and norms on witnesses apply to them.

Keywords: international law, crime victim, international criminal process, international criminal tribunals, judicial proceedings, international criminal court, defense, accusation, witness, victim.

DOI: 10.7256/2454-0633.2014.1.11593

Abstract:

DOI: 10.7256/2454-0633.2014.1.64079

Abstract: The article is devoted to the activities of the International Criminal Courts, some aspects of its activities, judicial proceedings and efficiency. The author considers that currently the ICC is a large and influential judicial body, and it has a range of unique features. One of such features is presence of a Prosecutor, and such a position is not present in any other international court. The Prosecutor implements the legal framework of the Roman Statute as well as The Rules of Procedure and Evidence in order to guarantee the most efficient development of the investigation and judicial proceedings of the ICC cases, as well as to other working methods. The immediate task of the Prosecutor is to guarantee justice and efficiency throughout the spheres of work of the ICC. The ICC probably would not be capable of working without the Prosecutor and his Office. The author pays attention to a defect influencing the efficiency of the ICC activities concerning hardships in collection of evidence and investigation on mass crimes.

Keywords: international law, international court, the UN, efficiency, judicial proceedings, history, Prosecutor, judicial decision, precedent, process.

DOI: 10.7256/2454-0633.2014.1.11622

Abstract:

DOI: 10.7256/2454-0633.2014.1.64080

Abstract: Ways and methods used by ITLOS in the process of interpretation of the law of sea are discussed in the article. ITLOS elaborated a number of rules, in particular, those concerning grounds for detention of foreign vessels in the EEZ, correlation between municipal law and international law, bond or other financial security, question of confiscation, connection between the ship and the flag state. The ITLOS case law is analyzed. Author studies such cases as Juno Trader” “Saiga” “Hoshinmaru” and others. Particular topics that are subject of the study are: Grounds for detention of foreign vessels in the exclusive economic zone; bond or other financial security as well as the question of confiscation (of the haul in fisheries cases for exemple); and finally the questions of the connection between the ship and the flag state.

Keywords: ITLOS, the flag state, the ship state, financial security, grounds for detention, foreign vessels, municipal law, and international law, law of sea, Saiga.

DOI: 10.7256/2454-0633.2014.1.10506

Abstract:

DOI: 10.7256/2454-0633.2014.1.64081

Abstract: The goal of this article is to define the role of Directives in the legal guarantees of environmental protection in the European Union. It is noted in the article that in the latest decades the law of the European Union in general and environmental law as its constituent element have been developing very intensively. The general number of sources of law became larger, so did the quantity of legal norms, establishing permissions, limitations, standards, requirements and prohibitions. The scope of objects (immediate objects) of legal regulation was also widened. These tendencies attract attention of the Russian environmental law scholars, since many decisions of the European Union influence the interests of the Russian Federation, and they contain successful formulae, which may be efficiently used in the process of improvement of the Russian legislation. In general, the sources of law of the European Union include such acts, principles, judicial decisions, and customs, which reflect the qualities and sources of both international environmental law and national environmental law. It is pointed out by the author, that the contents of the Directives of the European Parliament and Council on the issues of environmental interests, as well as the international treaties to which the EU or its Member States are parties are of primary importance, even when the Russian Federation is not a party to such treaties. In the article in addition to the general overview of the environmental law of the EU and its sources, the author analyzes the role of the Directive as a source of European environmental law.

Keywords: law, the European Union, Directive, protection of environment, legal regulation, environmental law, source of law, environmental interests, international law, system of law.

DOI: 10.7256/2454-0633.2014.1.11537

Abstract:

DOI: 10.7256/2454-0633.2014.1.64082

Abstract: This review includes analysis of the results of the scientific research project “International private law of Russia, France and the European Union: hew horizon for joint justice”, which is implemented with the joint efforts of the Law Faculty of the National Research University – Higher School of Economics and the Université Paris 1 Panthéon-Sorbonne. The goal of the joint project was to achieve better knowledge and understanding of the French and Russian legal systems in respect of international private law relations. The studies concerned three directions: 1) evolution of the international private law in France, in the EU and in Russia (problems of federalism and methodology in the international private law); 2) specific features of application of international law in the conditions of global financial and economic crisis; 3) international commercial arbitration and alternative international dispute resolutions methods within the framework of global economic and financial crisis. As for the first direction, the work was done by I.V. Getman-Pavlova (Associate Professor of the Department of International Private Law, Co-Head of the Project), Didier Boden (Associate Professor of the Department of International Private Relations Studies), E.V. Postnikova (Senior Lecturer of the Department of International Law) and Jérémy Heymann (Associate Professor of the Department of International Private Relations Studies). Within the second direction the work was done by Rostovtseva N.V. (Associate Professor of the Department of Civil Law), Etienne Pataut (Professor, Co-Director of the Department of International Private Relations Studies), S.A. Chekhovskaya (Associate Professor of the Department of Entrepreneurial Law), and David Chilstein (Professor of the Department of the International Private Relations Studies). As for the third direction, the work was done by N.Y. Erpyleva ( Professor, Head of the Department of International Private Law, Head of the Project), Pascal de Vareilles-Sommières (Professor of the Department of International Private Relations Studies, Head of the Project), L.A. Prokudina (Vice-Chairperson of the Department of Judicial Power and Justice Organization, Vice-Dean of the Law Faculty on Scientific Work) and Caroline Êleiner (Professor of the Law School of the Strasbourg University, Co-Head of the Project). Within the framework of the implementation of joint scientific research project there were held two roundtables – in Moscow on June 17-18, 2013, and in Paris on October 25-26, 2013, where all of the project participants presented their theses (working languages: Russian and French).

Keywords: Scientific Research University – Higher School of Economics, Université Paris 1 Panthéon-Sorbonne, joint scientific research project, international private law, Russia, France, the European Union, methodology, international commercial arbitration, public order.