DOI: 10.7256/2454-0633.2014.4.13327

Abstract:

DOI: 10.7256/2454-0633.2014.4.65687

Abstract: The Internet Assigned Numbers Authority (IANA) is historically the fi rst organization providing the functionality of the key elements of the technological infrastructure of the Internet, including the issues of coordination of the Internet’s unique identifi ers. These functions have signifi cant value for the technological infrastructure of the Internet and since for over 16 years these functions have been administered by the Internet Assigned Numbers Authority (IANA), they are labeled as the “IANA functions”. This article analyzes the announcement of the National Telecommunications and Information Administration of the US Department of Commerce (from 03.14.2014) about US Government’s decision to transfer the control over the IANA functions to the “global multistakeholder community”; the resulting documents of “Global meeting of the multistakeholders on the issues of future control over the Internet” (April 2014, San-Paulo, Brazil), as well as the “Group of specialists on the global Internet cooperation and the mechanisms of the Internet administration” (May 2014). In author’s opinion, the implementation of ideas and measures provided by the above documents, can drastically change the management of the technological infrastructure of the Internet and carry a signifi cant impact upon the internationalization of the transboundary management of the Internet.

Keywords: Internet, IANA, Internet administration, multistakeholders, technological infrastructure, control of the internet, transboundary control.

DOI: 10.7256/2454-0633.2014.4.11371

Abstract:

DOI: 10.7256/2454-0633.2014.4.65688

Abstract: This article examines the old doctrine of international law, including dogmatic points of view of the concept of international criminal law, as well as its tasks and principles at the current stage. The main goal of this research is to formulate the defi nitions of international criminal law taking into account the establishment of International Criminal Court on July 17, 1998. An attempt is made to explore the stages of development of international criminal law that led to its present state as an integral and complete legal system. The topic of “New approaches towards concept, subject and system of international criminal law” in itself became important within theory and practice from the very moment the International Criminal Court has been founded.

Keywords: Concept, subject, new approach, method of legal regulation, International Criminal Court, international criminal law, doctrine of international law.

DOI: 10.7256/2454-0633.2014.4.13139

Abstract:

DOI: 10.7256/2454-0633.2014.4.65689

Abstract: This article reviews the issues of international and civil responsibility of the countries, pertaining to the probing of Earth using the artifi cial satellites in space. It examines the international acts that regulate these situations, as well as the judicial practice in this category of cases. The author points out that the solution to the issues of responsibility with regards to probing is complicated due to the specifi city of the international space law, which places all of the responsibilities for space activities on the countries: the country is responsible for violations of its international legal obligation regardless of the status of the violating subject. At the same time, the civil legal responsibility for any damages resulting from violation of the norms of national law is subject to civil law. Historically the civil court did not fi nd countries guilty, rather the legal actions were often taken against companies or agencies that stored, analyzed, or distributed the information obtained via the artifi cial Earth satellites.

Keywords: International law, Earth probing, space, international responsibility, civil responsibility, legal precedent, artifi cial Earth satellite.

DOI: 10.7256/2454-0633.2014.4.13480

Abstract:

DOI: 10.7256/2454-0633.2014.4.65690

Abstract: This article is dedicated to the issues associated with the use of the arbitration clauses category including the clause of public policy and mandatory (super-mandatory) norms in the legislation of the Republic of Turkey. This issue remains relevant despite the codifi cation of Private international law that took place in this country in 2007. Turkish legislature actively uses both arbitration clauses. As a rule, the elements of public policy that received normative consolidation use the “super-mandatory norms” as the mechanism for defense. Using the positive variation of the clause does not demonstrate the redundancy of such mechanism, rather the specifi city of its purpose. The effects of the negative clause expand into the areas of Private international legal relations where security of public interest cannot be guaranteed by mandatory norms alone.

Keywords: Private international law, international civil procedure, the Republic of Turkey, arbitration clauses, public policy, mandatory norms, super-mandatory norms, codifi cation, choice of law.

DOI: 10.7256/2454-0633.2014.4.13700

Abstract:

DOI: 10.7256/2454-0633.2014.4.65691

Abstract: Lex mercatoria is an important element of the modern international private law, which represents a forming system of norms of non-governmental origin aimed at regulating the international commercial turnover. There is a predominant opinion within the science of private international law that lex mercatoria represents an alternative to the traditional to private international law choice of laws method of legal regulation and that lex mercatoria cannot be considered as the source of confl ict of laws. Based on the content of the norms of international contracts and court rulings, the author attempts to demonstrate that this notion cannot be held as unequivocally correct. The question of choice of law within lex mercatoria has yet to be exhaustively studied in the modern private international law studies. This article shows that lex mercatoria does indeed contain elements of choice of law and therefore, lex mercatoria can be viewed as the source of confl ict of laws.

Keywords: Lex mercatoria, confl ict of laws, private international law, choice of law, UNIDROIT, close-out netting, bank guarantee, International Chamber of Commerce, applicable law, model law.

DOI: 10.7256/2454-0633.2014.4.11873

Abstract:

DOI: 10.7256/2454-0633.2014.4.65693

Abstract: This article examines the issue of “exhaustion of domestic remedies” in disputes where the defendant is an international organization (and the plaintiff is most often an employee of this organization). The author believes that the term “exhaustion of domestic remedies” in disputes where the defendant is an international organization is more of a technical term, as these subjects of international law do not have the same mechanism as the countries. Nevertheless, the article reviews the question of resolving the disputes within specialized tribunals of international organizations. The author claims that if an international organization has acts that defi ne the competency and operating procedures of the administrative tribunals contain the norm requiring the exhaustion of all domestic remedies, then this must be executed by the plaintiff. On the other hand, if such obligation is not present, it seems that the plaintiff does not have to exercise any domestic remedies that are set in place within the international organizations, as the general international law does not impose such mandate.

Keywords: International law, European Law, UN, international organizations, tribunals, courts, domestic remedies, plaintiff, defendant, dispute.

DOI: 10.7256/2454-0633.2014.4.11597

Abstract:

DOI: 10.7256/2454-0633.2014.4.65694

Abstract: This article reviews the genesis of the establishment of international criminal courts, as well as the question of universal jurisdiction. Research is conducted on the example of criminal prosecution of Augusto Pinochet in Spain and United Kingdom. The author states that international criminal courts are a product of modern times. They emerged in the last decade of the 20th century, and are founded on the determination of the entire humanity to ensure that severe and mass violations of human rights do not go unpunished. This was infl uenced by the humanistic values, when norms of international criminal laws developed as a part of international legal system. The tendency to create special criminal courts for criminals acting on behalf of governments has coincided with the spreading and progression of the idea of universal jurisdiction. The classic international law regulated the relations only between nations; the modern international law however, deeply intervenes into the internal affairs. The problem of inability of the national courts to prosecute persons who have committed crimes justifi ed the need to establish international criminal trial.

Keywords: International law, criminal trial, criminal court, universal jurisdiction, Augusto Pinochet, UN, Darfur.

DOI: 10.7256/2454-0633.2014.4.11700

Abstract:

DOI: 10.7256/2454-0633.2014.4.65695

Abstract: This article examines the various aspects and norms of international law on reparation of the victims who suffered losses from the crimes in international criminal law. The following questions are addressed: forms of reparations (restitution and compensation); content of the law on reparation in international law (who is obligated to provide reparations and which form of reparations has to be used); documents on the reparations of general international law. The article reviews court rulings of various international tribunals on the issues of reparations to the victims who suffered from the actions of a particular country. Both, the universal and European laws are examined (law of the Council of Europe and European Union). The author underlines that the most advanced norms regarding reparations are in the legal documents created within inter-American and European legislations on protection of human rights. Experience beyond these two systems demonstrates that victims of mass and major violations of human rights are not only left without any reparations, but this issue is not even being considered.

Keywords: International law, European law, fair compensation, reparation, restitution, damages, victim.

DOI: 10.7256/2454-0633.2014.4.12303

Abstract:

DOI: 10.7256/2454-0633.2014.4.65696

Abstract: The dissolution of the Socialist Federal Republic of Yugoslavia in the early 1990’s was unfortunately followed by a fi erce armed confl ict, instances of ethnic cleansing, war crimes and genocide. In 1993 the UN initiated the establishing of the International Criminal Tribunal for the former Yugoslavia, which was the result of their reaction to the events that took place in the country. The author provides detailed analysis of the stages preceding the establishment of the tribunal, because precisely at that time the politico-legal understanding of the Yugoslavian events was being developed. A special attention is given to the evaluation of the role of the UN Security Council in establishing the tribunal, as well as the socio-political issues of this political body of UN being involved in the forming of the international criminal tribunal. Reviewing the results of the tribunal’s work over the years, the author gives an assessment of its activity.

Keywords: UN, Security Council, Yugoslavia, SFRY, inter-ethnical confl ict, international criminal tribunal, genocide, ethnic cleansing.

DOI: 10.7256/2454-0633.2014.4.13157

Abstract:

DOI: 10.7256/2454-0633.2014.4.65697

Abstract: This article analyzes the content of the monograph dedicated to the legal liability of transnational corporations under the international law. A special attention is given to the questions of social responsibility of corporations, effectiveness of self-regulation, and application of the codes of business ethics. A separate review is given to the chapter dedicated to the criminal liability of corporations under the international law. The author examines the liability of the CEO for the crimes committed by the employees, which includes specifi c court cases. It is worth mentioning that the corporate self-regulation can become the source of manipulation in order to support the economic status quo. This is namely the grounds for the necessity to develop and implement global principles of business administration. The corporations can be held criminally liable for collusion and abetting to commit a crime, in addition to other reasons. However, conducting business in countries that do not uphold human rights cannot in itself be the grounds for criminal liability.

Keywords: Corporation, legal liability, criminal liability, conditional liability, international law, code of ethics, self-regulation, business administration, profi tability, transnational corporations, global principles.

DOI: 10.7256/2454-0633.2014.4.13328

Abstract:

DOI: 10.7256/2454-0633.2014.4.65698

Abstract: This review characterizes a fundamental work on environmental law of the European Union, specifi cs of its forming and developing, as well as the current issues. It demonstrates the key areas of the legal regulation and the extent of harmonization of the European legislation with the national environmental law of the member-states of the EU. Emphasis is made on the approach towards the structure of the UE environmental law which includes protection of the air and water quality, nature (fauna and fl ora), landscapes, noise management, protection from the effects of chemical and toxic waste. Analysis is given to the EU primary law and environmental policy conducted in accordance with the Amsterdam Treaty and other treaties on establishing of the EU, course of action, other documents, as well as the secondary law of the EU. This review examines the legal platform and the role of the European Parliament, Council, European Court, European Environment Agency and their authority.

Keywords: Legislation, environment, law, principles, waste, ecology, convention, Amsterdam Treaty, European Union, EU, climate change.

DOI: 10.7256/2454-0633.2014.4.65692

Abstract: The article addresses the work of UNESCO in the fi eld of arts education. It considers goals of establishing this policy, and specifi c activities organized within the framework of international cooperation in the fi eld of arts education. UNESCO recommended documents in the fi eld of education and arts education in particular are studied. UNESCO programs for the development of arts education are presented. The author identifi es the reason for the establishment of an international cooperation policy in the fi eld of arts education. Based on the analysis of UNESCO documents, the author singles out the following reasons for the creation of such a policy: the development of human creative thinking; the promotion of social peace, tolerance and solidarity; and the promotion of sustainable development. The author also identifi es two functions of arts education conceptualized in UNESCO documents: the instrumental function of arts education, i.e. its use as a tool and method in education, and, in fact, its peacemaking function. The author argues that the documents developed by UNESCO in the fi eld of arts education have little impact on national education programs because of their non-compulsory nature. At the same time, the article draws attention to the implementation of specifi c projects under the auspices of UNESCO that despite the limitations of their infl uence are highly effi cient.

Keywords: UNESCO, international relations, arts education, international cooperation, arts, education, recommendations, observatories, principles, projects.