DOI: 10.7256/2454-0633.2015.4.16400

Abstract: The world order created by the nations of the winning side of the World War II exists until the present day. Its key trait is that the important decisions are made by several states, which hold a special place in the world thanks to their military power and their fixed position within the UN Charter as the permanent members of the UN Security Council. But the modern world has drastically changed, became multipolar, and thus it is necessary to change the methods of managing global situations, including rethinking the place and role of the primary branches of the United Nations. The novelty of this research consists in the fact that the authors note that the political world structure is moving towards the so-called multipolarity. Within the modern political conditions it is necessary to establish a direct connection between the results of the Second World War and the current world order. Demonstration of the necessity to make changes to the world order is substantiated by the changes in the set of values shared by the international community.

Keywords: world order, international law, United Nations, the UN Charter, the UN security Council, permanent members of the Security Council, second world war, victorious powersl, multipolar world, international relations

DOI: 10.7256/2454-0633.2015.4.67244

Abstract: The world order created by the nations of the winning side of the World War II exists until the present day. Its key trait is that the important decisions are made by several states, which hold a special place in the world thanks to their military power and their fixed position within the UN Charter as the permanent members of the UN Security Council. But the modern world has drastically changed, became multipolar, and thus it is necessary to change the methods of managing global situations, including rethinking the place and role of the primary branches of the United Nations. The novelty of this research consists in the fact that the authors note that the political world structure is moving towards the so-called multipolarity. Within the modern political conditions it is necessary to establish a direct connection between the results of the Second World War and the current world order. Demonstration of the necessity to make changes to the world order is substantiated by the changes in the set of values shared by the international community.

Keywords: victorious powers, Second World War, permanent members of the Security Council, UN Security Council, UN Charter, United Nations, international law, world order, multipolar world, international relations

DOI: 10.7256/2454-0633.2015.4.16007

Abstract: The subject of this research is the content and consequences of the execution of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) upon the international transfer of technologies into developing countries. The author gives a detailed attention to the issues arising in protection of rights to the transfer technologies, predominantly the patent rights, in the process of transfer and diffusion of various technologies. The article also analyzes the logic of international efforts on protection of intellectual property prior to the TRIPS agreement. The author gives a detailed examination to the content of Articles 7 and 8, which provide balance between the rights and interests of the copyright holders on one side, and the rights and interests of the users on the other. This research addresses the issue of transfer of technologies to the less developed countries in light of the Article 66.2 of the TRIPS agreement. The main conclusions of the conducted research are the positions on the ambiguous nature of the effect of TRIPS upon the international transfer of technologies. Moreover, this conclusion is concretized pertaining to various groups of countries. The author’s contribution into the research of this topic is the systemic analysis of the place of rights of intellectual property within the international exchange of technological achievements.  

Keywords: TRIPS, international technology transfer, right to development, patents, developing countries, globalization, capacity building, intellectual property rights, TRIPS-plus, flexibilities

DOI: 10.7256/2454-0633.2015.4.67245

Abstract: The subject of this research is the content and consequences of the execution of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) upon the international transfer of technologies into developing countries. The author gives a detailed attention to the issues arising in protection of rights to the transfer technologies, predominantly the patent rights, in the process of transfer and diffusion of various technologies. The article also analyzes the logic of international efforts on protection of intellectual property prior to the TRIPS agreement. The author gives a detailed examination to the content of Articles 7 and 8, which provide balance between the rights and interests of the copyright holders on one side, and the rights and interests of the users on the other. This research addresses the issue of transfer of technologies to the less developed countries in light of the Article 66.2 of the TRIPS agreement. The main conclusions of the conducted research are the positions on the ambiguous nature of the effect of TRIPS upon the international transfer of technologies. Moreover, this conclusion is concretized pertaining to various groups of countries. The author’s contribution into the research of this topic is the systemic analysis of the place of rights of intellectual property within the international exchange of technological achievements.  

Keywords: capacity building, globalization, developing countries, patents, right to development, international technology transfer, TRIPS, intellectual property rights, TRIPS-plus, flexibilities

DOI: 10.7256/2454-0633.2015.4.16720

Abstract: This article examines the questions of international participation of the Russian Federation in the area of prevention and liquidation of emergency situations of natural and technogenic character, as well as carrying out of emergency rescue missions. Analysis is conducted on both, multilateral and bilateral international agreements of the Russian Federation in this sphere. In order to improve the international legal regulation in this field, as well as to fill-in the separate lacunas of international law, the authors prepared two drafts of international law of both, universal and regional character; more precisely: Draft UN Convention on Prevention and Liquidation of the Aftermath of Technogenic and Natural Catastrophes, as well as the Draft Treaty on Coordinated Approaches of the Member-States of Eurasian Economic Union towards Prevention and Liquidation of Emergency Situations of Natural and Technogenic Character and Carrying Out Emergency Rescue Missions. The Draft UN Convention on Prevention and Liquidation of the Aftermath of Technogenic and Natural Catastrophes is called to fill-in the gap on the level of universal international law regulation under the aegis of the United Nations, since the issues regulated in the UN Convention draft has yet to find the reflection in the international treaty of a universal character; in other words, in an international legal act that is represented by the vast majority of the world’s countries.

DOI: 10.7256/2454-0633.2015.4.67246

Abstract: This article examines the questions of international participation of the Russian Federation in the area of prevention and liquidation of emergency situations of natural and technogenic character, as well as carrying out of emergency rescue missions. Analysis is conducted on both, multilateral and bilateral international agreements of the Russian Federation in this sphere. In order to improve the international legal regulation in this field, as well as to fill-in the separate lacunas of international law, the authors prepared two drafts of international law of both, universal and regional character; more precisely: Draft UN Convention on Prevention and Liquidation of the Aftermath of Technogenic and Natural Catastrophes, as well as the Draft Treaty on Coordinated Approaches of the Member-States of Eurasian Economic Union towards Prevention and Liquidation of Emergency Situations of Natural and Technogenic Character and Carrying Out Emergency Rescue Missions. The Draft UN Convention on Prevention and Liquidation of the Aftermath of Technogenic and Natural Catastrophes is called to fill-in the gap on the level of universal international law regulation under the aegis of the United Nations, since the issues regulated in the UN Convention draft has yet to find the reflection in the international treaty of a universal character; in other words, in an international legal act that is represented by the vast majority of the world’s countries.

Keywords: Russian Federation, challenges, security, competent authorities, rescue operations, natural disasters, catastrophes, emergency situations, United Nations, Eurasian Economic Union

DOI: 10.7256/2454-0633.2015.4.16879

Abstract: The subject of this research is the concept of the “Responsibility to Protect”, the key positions of which are contained in its original document – Report of the International Commission on Intervention and State Sovereignty (2002). A special attention is given to the analysis of the application of the “Responsibility to Protect” concept during the armed conflict in Myanmar; research of the issue on violation of human rights and the possibility of application of this concept in the current situation; as well as analysis of the humanitarian basis as the cause for possible military intervention into the affairs of the sovereign state. The scientific novelty consists in the consideration of the possibility of implementing the positions of the concept of the “Responsibility to Protect” pertaining to a separate country, specific features of its military regime and antigovernment protest. The author comes to the conclusion that the attempt to apply the “Responsibility to Protect” had in essence the political rather than humanitarian motives.

DOI: 10.7256/2454-0633.2015.4.67247

Abstract: The subject of this research is the concept of the “Responsibility to Protect”, the key positions of which are contained in its original document – Report of the International Commission on Intervention and State Sovereignty (2002). A special attention is given to the analysis of the application of the “Responsibility to Protect” concept during the armed conflict in Myanmar; research of the issue on violation of human rights and the possibility of application of this concept in the current situation; as well as analysis of the humanitarian basis as the cause for possible military intervention into the affairs of the sovereign state. The scientific novelty consists in the consideration of the possibility of implementing the positions of the concept of the “Responsibility to Protect” pertaining to a separate country, specific features of its military regime and antigovernment protest. The author comes to the conclusion that the attempt to apply the “Responsibility to Protect” had in essence the political rather than humanitarian motives.

Keywords: R2P concept, Myanmar, Armed conflict, Human rights, Information warfare, Intervention, Humanitarian basis, Antigovernment protests, Violation of rights, Military regime

DOI: 10.7256/2454-0633.2015.4.16853

Abstract: The subject of this research is the international legal framework of the coalition military development of the Collective Security Treaty Organization. The object of this research is the Collective Security Treaty Organization, as well as the processes of the coalition military development within the framework of this organization. The goal of this work is the legal substantiation of the demand for the sequential improvements of the activities of the coalition military development in both, the questions of creation and development of components of the military component of the organization, as well as in the issues of organization of their application and comprehensive support. Based on the results of the analysis, the conclusion is made on the importance of the place and role of the CSTO in the system of universal international security. The authors examine separate political and legal aspects of the development of cooperation within the framework of this organization, as well as the question of prospects of development of this organization.

DOI: 10.7256/2454-0633.2015.4.67248

Abstract: The subject of this research is the international legal framework of the coalition military development of the Collective Security Treaty Organization. The object of this research is the Collective Security Treaty Organization, as well as the processes of the coalition military development within the framework of this organization. The goal of this work is the legal substantiation of the demand for the sequential improvements of the activities of the coalition military development in both, the questions of creation and development of components of the military component of the organization, as well as in the issues of organization of their application and comprehensive support. Based on the results of the analysis, the conclusion is made on the importance of the place and role of the CSTO in the system of universal international security. The authors examine separate political and legal aspects of the development of cooperation within the framework of this organization, as well as the question of prospects of development of this organization.

Keywords: United Nations, international relations, international law, international security, collective security, military development, military coalition, military cooperation, Peacekeeping forces, threat

DOI: 10.7256/2454-0633.2015.4.16185

Abstract: This article is dedicated to the issue of protection of human rights and the ability to implement the act of state doctrine in the cases of gross and systematic violations of human rights. The analysis of the act of state doctrine is conducted within historical retrospect, as well as within modern international and national legal precedent of foreign countries. The author determines the criterion for attribution of internationally wrongful actions of individuals and groups thereof towards one or another state. A special attention is given to the Draft Articles on Responsibility of States for Internationally Wrongful Acts of the international law commission (2001). The article analyzes the opinions of the leading international jurists and the legal positions of the judges of the International Court of Justice. The goal of this research is to determine the parameters of the applicability of the doctrine of the state act within the framework of the international legal system of human rights protection.This research is based on a combination of specific historical, comparative-legal, formal-legal and political-legal methods.The main conclusions of the research are the following: 1) the inadmissibility of the use of the act of state doctrine to justify gross and systematic violations of human rights, including in times of armed conflicts; 2) the complementary role of national courts in applying international standards on the protection of human rights; 3) international lawmaking is an effective mechanism of the system of protection of human rights at both, the universal and regional levels. The scientific novelty of this research is that the issue of the act of state doctrine in the context of the international protection of human rights is comprehensively addressed for the first time in the Russian doctrine of international law.

Keywords: human rights violations, International Law Commission, European Convention, ICTY, International Court of Justice, human rights, doctrine of state act, attribution, imputability, UN

DOI: 10.7256/2454-0633.2015.4.67249

Abstract: This article is dedicated to the issue of protection of human rights and the ability to implement the act of state doctrine in the cases of gross and systematic violations of human rights. The analysis of the act of state doctrine is conducted within historical retrospect, as well as within modern international and national legal precedent of foreign countries. The author determines the criterion for attribution of internationally wrongful actions of individuals and groups thereof towards one or another state. A special attention is given to the Draft Articles on Responsibility of States for Internationally Wrongful Acts of the international law commission (2001). The article analyzes the opinions of the leading international jurists and the legal positions of the judges of the International Court of Justice. The goal of this research is to determine the parameters of the applicability of the doctrine of the state act within the framework of the international legal system of human rights protection.This research is based on a combination of specific historical, comparative-legal, formal-legal and political-legal methods.The main conclusions of the research are the following: 1) the inadmissibility of the use of the act of state doctrine to justify gross and systematic violations of human rights, including in times of armed conflicts; 2) the complementary role of national courts in applying international standards on the protection of human rights; 3) international lawmaking is an effective mechanism of the system of protection of human rights at both, the universal and regional levels. The scientific novelty of this research is that the issue of the act of state doctrine in the context of the international protection of human rights is comprehensively addressed for the first time in the Russian doctrine of international law.

Keywords: attribution, human rights, doctrine of state act, International Court of Justice, ICTY, European Convention, International Law Commission, human rights violations, imputability, UN

DOI: 10.7256/2454-0633.2015.4.15587

Abstract: This work expounds the nature of the institution of responsibility before the law of the European Union as a category of modern international law. The object of this research is the legal basis of establishing the institutions of responsibility of the states in the modern international law of the EU, as well as the questions of their functionality. The subject of this research is the key positions of the doctrine of international law pertaining to state responsibility, founding treaties of international organizations of UN and EU; additional normative acts that regulate specific issues of state responsibility within the EU; international treaties that bind the positions on responsibility within international law; international traditions that regulate cooperation of the EU member-states inside the organization, as well as outside of it; legal practice that has formed in the sphere of ensuring the adherence to the economic obligations. In the course of the research the author determines that the institutions of responsibility by the law of the EU form an intrinsic part of the universal system of international responsibility of states in the general parameters of the global community. The author’s contribution into the research of this topic is the detailed description of the mechanisms of enforcing the responsibility of the member-states, making a special accent on the role of the institution of responsibility of the states before the law of the European Union.

DOI: 10.7256/2454-0633.2015.4.67250

Abstract: This work expounds the nature of the institution of responsibility before the law of the European Union as a category of modern international law. The object of this research is the legal basis of establishing the institutions of responsibility of the states in the modern international law of the EU, as well as the questions of their functionality. The subject of this research is the key positions of the doctrine of international law pertaining to state responsibility, founding treaties of international organizations of UN and EU; additional normative acts that regulate specific issues of state responsibility within the EU; international treaties that bind the positions on responsibility within international law; international traditions that regulate cooperation of the EU member-states inside the organization, as well as outside of it; legal practice that has formed in the sphere of ensuring the adherence to the economic obligations. In the course of the research the author determines that the institutions of responsibility by the law of the EU form an intrinsic part of the universal system of international responsibility of states in the general parameters of the global community. The author’s contribution into the research of this topic is the detailed description of the mechanisms of enforcing the responsibility of the member-states, making a special accent on the role of the institution of responsibility of the states before the law of the European Union.

Keywords: Institution of responsibility, EU law, Modern international law, Principle of state responsibility, Legal precedent, Prosecution, Mechanism, Faithful compliance with obligations, UN charter, EU founding treaties

DOI: 10.7256/2454-0633.2015.4.16989

Abstract: This article is dedicated to the legal regulation of the institution of civil participation in provision of national security within the model legislation of the CIS countries. The author explains the vectors of development of the legislation in this sphere and states the problems that are currently in the stage of its formation of the model legislation, which regulates civil participation in patriotic upbringing, provision of border security, and counteraction of terrorism and extremism. Based on the study of the modern geopolitical situation, the author demonstrates the necessity to expand the forms of civil participation in ensuring national security. Analysis is conducted on the model laws of the CIS countries that regulate the civil participation in provision of national security, as well as on the nature of modern military threats. The author gives characteristics to the institution of civil participation in provision of national security and the legal status of citizens as the constituents of legal relations on provision of national security. Recommendations are made regarding the 2016-2020 Interparliamentary Assembly of Member Nations of the Commonwealth of Independent States plans to develop model laws on participation of civil institutions in provision of national security and the legal regulation of the activity of private military contractors.

DOI: 10.7256/2454-0633.2015.4.67251

Abstract: This article is dedicated to the legal regulation of the institution of civil participation in provision of national security within the model legislation of the CIS countries. The author explains the vectors of development of the legislation in this sphere and states the problems that are currently in the stage of its formation of the model legislation, which regulates civil participation in patriotic upbringing, provision of border security, and counteraction of terrorism and extremism. Based on the study of the modern geopolitical situation, the author demonstrates the necessity to expand the forms of civil participation in ensuring national security. Analysis is conducted on the model laws of the CIS countries that regulate the civil participation in provision of national security, as well as on the nature of modern military threats. The author gives characteristics to the institution of civil participation in provision of national security and the legal status of citizens as the constituents of legal relations on provision of national security. Recommendations are made regarding the 2016-2020 Interparliamentary Assembly of Member Nations of the Commonwealth of Independent States plans to develop model laws on participation of civil institutions in provision of national security and the legal regulation of the activity of private military contractors.

Keywords: private military contractor, extremist activities, legal status, civil society, participation, threat, national security, model law, limitation, guarantee

DOI: 10.7256/2454-0633.2015.4.16880

Abstract: This article presents the evolution of the formation and development of a scientific approach to the issue of criminal responsibility for war crimes, from the birth of the science of international law and the first ideas about limiting the means and methods of warfare, to the present. The author determines the role of the representatives of Russian science of international law of the pre-revolutionary, Soviet, and modern periods in the development of this issue, as well as the views of foreign authors. He demonstrates the continuity of the development of scientific concepts of war crimes and responsibility for their commission in the Russian and foreign science of international law, the similarities and differences in the approaches of Russian authors and their foreign counterparts in the evaluation of the existing models of the implementation of this responsibility. The author gives special attention to the development of the modern stage of substantive and procedural aspects of this problem, the achievements and gaps in the science of international law, and points to the controversial nature of the individual findings of researchers.

DOI: 10.7256/2454-0633.2015.4.67252

Abstract: This article presents the evolution of the formation and development of a scientific approach to the issue of criminal responsibility for war crimes, from the birth of the science of international law and the first ideas about limiting the means and methods of warfare, to the present. The author determines the role of the representatives of Russian science of international law of the pre-revolutionary, Soviet, and modern periods in the development of this issue, as well as the views of foreign authors. He demonstrates the continuity of the development of scientific concepts of war crimes and responsibility for their commission in the Russian and foreign science of international law, the similarities and differences in the approaches of Russian authors and their foreign counterparts in the evaluation of the existing models of the implementation of this responsibility. The author gives special attention to the development of the modern stage of substantive and procedural aspects of this problem, the achievements and gaps in the science of international law, and points to the controversial nature of the individual findings of researchers.

Keywords: criminal proceedings, criminal justice, national law, international law, science of international law, criminal liability, war crimes, armed conflicts, diplomacy, international relationships

DOI: 10.7256/2454-0633.2015.4.15287

Abstract: This article presents the analysis of the international collective monography dedicated to the means of counteracting corruption and conflict of interests, including those on the international level. The author examines the role of international organizations, including World Trade Organization, World Bank, as well as international development banks in achieving this goal. The research reveals the purpose of separate anti-corruption mechanisms, including codes of ethics, and effectiveness of sanctions. The authors of the book reveal the merits and flaws in the existing measures, and make conclusions on possible improvements. They study international documents, experience of the work of the international organizations, their cooperation, aid to countries, as well as practical realization of the principle of honesty in the public sector. The importance of improving the system of state administration, including overcoming corruption and resolving conflict of interests, determines nation’s ability to achieve economic success. This task cannot be solved without taking into consideration the international standard. Participation in issuing international loans of transnational corporations and partnerships takes the corruption problem to a new level, requiring its broad discussion and a proper organization of countermeasures.

Keywords: corruption, conflict of interests, World Bank, public officer, World Trade Organization, international organizations, sanction, transparency, integrity, code of ethics

DOI: 10.7256/2454-0633.2015.4.67253

Abstract: This article presents the analysis of the international collective monography dedicated to the means of counteracting corruption and conflict of interests, including those on the international level. The author examines the role of international organizations, including World Trade Organization, World Bank, as well as international development banks in achieving this goal. The research reveals the purpose of separate anti-corruption mechanisms, including codes of ethics, and effectiveness of sanctions. The authors of the book reveal the merits and flaws in the existing measures, and make conclusions on possible improvements. They study international documents, experience of the work of the international organizations, their cooperation, aid to countries, as well as practical realization of the principle of honesty in the public sector. The importance of improving the system of state administration, including overcoming corruption and resolving conflict of interests, determines nation’s ability to achieve economic success. This task cannot be solved without taking into consideration the international standard. Participation in issuing international loans of transnational corporations and partnerships takes the corruption problem to a new level, requiring its broad discussion and a proper organization of countermeasures.

Keywords: sanction, international organizations, World Trade Organization, public servant, World Bank, conflict of interests, corruption, transparency, honesty, code of ethics