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MAIN PAGE > Journal "International Law" > Contents of Issue № 03/2013
Contents of Issue № 03/2013
Theory and philosophy of international law
Babin B. - Programmatic Regulation in the Modern International Law pp. 1-35

DOI:
10.7256/2306-9899.2013.3.9302

Abstract: Article is devoted to the theoretical and practical problems of the phenomenon of the program regulation of the international relations. There proved that the application of the programmatic regulation of international legal relationships became one of the distinguishing features in formation of modern international law. The specialties of the phenomenology of the international legal programming in the historical, axiological and ontological aspects are analyzed. The international programs are looked in a context of the form of controlling norms, in particular, within the framework of bilateral intergovernmental legal relationships, external and internal organizational-legal activity of international organizations of the global and regional measuring; so with distinguishing the regalement acts in the field of the international legal programming. There are investigated the aspects of evolution of the use of programmatic acts, as regulators of international relations, general normative peculiarities of programmatic regulation, specific nature of such international regulation in the conditions of sustainable development and modernization. Also the question of preconditions of input of programmatic regulation in the international law, in the context of problem of sources and forms of international law and program character of international legal norms is looked at. The specifications of the program potential of the international legal relations in the frames of the current international legal doctrine are distinguished at. There is proved that the practice of the international programming can be recognized as supernational in fact it touches upon both aspects of intergovernmental collaboration and questions of actions of internal actors of the states within the framework of their national jurisdiction. A general conclusion is made that the programmatic regulation became important component part of the international legal regulation today. That’s why a thesis about the international programs, as the special source of international law, though requires an additional discussion, but is considered by the author productive enough and perspective.
Integrational law and supernational associations
Averina K.N. - Environmental policy of the European Union in the sphere of forest protection. pp. 36-51

DOI:
10.7256/2306-9899.2013.3.402

Abstract: The article is devoted to the detailed analysis of the policy of the European Union in the sphere of forest protection. The author analyzes the key administration mechanisms and legislative acts of the EU Member States in this sphere.  She includes typology of forests in accordance with the normative legal acts of some European states, as well as analysis of their role in environmental and climatic balance in Europe. The author also analyzes seven information levels regarding forest resources, which exist in the European Union. 
Voronina N.A. - The Union State - Russia - Belarus: the experience of legal regulation. pp. 52-67

DOI:
10.7256/2306-9899.2013.3.9061

Abstract: The article deals with questions of creation and development of the Union State – Russia – Belorus. Special attention is paid to problems of protection of social and labour rights of citizens of two countries. The author analyses the existing agreements and laws in this field as well as legal practice, reveals shortcomings in the system of social protection of labour migrants and points ways to overcome them. The role of the Union State in the integration processes on the post-Soviet territory is depicted
International law and national law
Kuz'mina Y.A. - Some specific features regarding practice of the European Court of Human Rights in cases against the Russian Federation. pp. 68-87

DOI:
10.7256/2306-9899.2013.3.2424

Abstract: The article contains a brief overview of the decisions  of the European Court of Human Rights in cases against the Russian Federation in the period from 1998 to 2008. The author makes a conclusion on the influence of the European precedent law on the Russian legal system and its shortcomings in the sphere of human rights protection. She also describes the causes for refusals to take some cases against Russia, points out political decisions of the ECHR.
History of international law
Shebanova N.A. - International obligations and assets of the former USSR: problems of dividing and practical solution. pp. 88-166

DOI:
10.7256/2306-9899.2013.3.8764

Abstract: The payment of an external debt of the Soviet Union and dividing of its foreign assets was a serious problem, appearing due to the breakup of the Soviet Union.  The former Soviet Republic had to figure out the legal capacity of the Russian Federation, agree upon the means of payment of an external state debt, which was a necessary and obligatory condition for the division of state property abroad. The generally recognized way of regulating disputes in international relations is an international treaty. This article contains analysis of the attempts to achieve agreement among the former Soviet republics by conclusion of international multilateral treaties within the frameworks of the USSR and later the CIS. In addition to the analysis of problems regarding implementation of international state obligations, the author pays attention to the debts of the former USSR to the private persons, and various approaches towards this issue.  The object of studies in this article includes specific features of solving the problems regarding payment of external debt and dividing the foreign assets of the former USSR as well as the de facto results. 
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