Электронный журнал Международное право - №1 за 2014 г - Содержание, список статей. ISSN: 2644-5514 - Издательство NotaBene
International Law
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MAIN PAGE > Journal "International Law" > Contents of Issue № 01/2014
Contents of Issue № 01/2014
Question at hand
Sazonova K.L. - International law and Ukrainian conflict: what was, what will be, and what the heart shall find its rest in. pp. 1-15


Abstract: The Ukrainian crisis has been the subject of much discussion in the latest months. A large amount of information is provided, and the special attention is paid to the international legal aspects of the situation. At the same times, the references to the international law are being rather frivolous and they lack clear substantiation.  Such references with rather relative understanding of the situation serve as grounds for speculations with international legal categories and terms. It seems necessary to clarify international stereotypes regarding international legal aspects of the Ukrainian events, which have formed in the latest months in the information zones both in Russia and abroad. The article uses materials and comments of both Russian and foreign international law scholars and politicians regarding the Ukrainian conflict within the framework of international law.  The article may be divided into two relative parts. Firstly, the author generalizes the most popular techniques for the speculations with the term "international law" in the information sphere in the latest months. Then, the article provides legal evaluation of the six most popular international law theses regarding Ukraine and Crimea situation.  Additionally, the author discusses the possible influence of the Ukrainian events on the further development of international law. 
Integrational law and supernational associations
Shinkaretskaia G.G. - Russia within integration associations: losses and acquirements. pp. 16-40


Abstract: The article concerns participation of the Russian Federation in the international organizations.  The author states that currently no regional organization to which Russia is a party, shows real moves towards real integration, not to mention supranationality.  The Eurasian Economic Community has not became an economic integration organization. It is prevented by constant disagreements among its participants and lack of respect to law, including the decisions of the EurAsEC itself.  As for the Customs Union, its executive bodies are scrupulously watched by the Member States and they do not play a role of an independent functional body serving solely the interests of an international organization.  The Shanghai Cooperation Organization has the most freedom, the forms of interaction among the bodies are not defined, there is no formal co-subordination, so each of them  is a small independent body for the institutional cooperation.  The decisions in all of the SCO bodies are made based upon consensus.  It means that each of the decisions is by its nature an international treaty.  The similar procedure exists in Collective Security Treaty Organization. Real legal regulation exists in the World Trade Organization, and Russia being a participant of this organization, is bound by the clearly formulated norms and rules which are agreed upon by all other participants. Participation in the WTO may not be simple for Russia, since the complicated dispute resolution procedures shall require high qualification of lawyers serving the interests of Russia.
Ryzhov V.B. - Integration as a modern development tendency. pp. 41-62


Abstract: The author bases his studies upon the position that current public conscience includes a contradiction between the recognition of the need for the integration processes and institutionalization of such processes in international organization on one hand, and the worries for the lack of democracy in such organizations on the other hand.  The author wonders whether representative democracy is a suitable model for international structures, and if not, how democratic states may exist in a non-democratic world.  If integration cannot go along with democracy, should the further movement towards integration take place? Author points out the direct dependency between the integration level in an international organization and the possibilities to support democratic tendencies in its organization and activities.  It can clearly be seen, if one is to take the World Health Organization as an example, the main decisions are made at the levels of global and regional bureaucracy, and the organization becomes non-transparent for the global public opinion and impenetrable for the influence of non-governmental organizations.
International law and national law
Mozhuga V.V. - Place of international treaties within the system of public law of the Russian Federation. Specific features of hierarchical dependency of various international treaties within the EurAsEC framework. pp. 63-86


Abstract: The study is devoted to the theoretical problems of hierarchical dependency of the sources of international law within the framework of public legislation of a state and their correlation with the Constitution of the Russian Federation. International treaties play an important role in the formation and functioning  of the international regulation system of public law in the modern Russia.  They regulate more and more intensive cooperation of states in various spheres.  Currently the Russian Federation is a party to about 20 000 functioning international treaties.  The first part of the article contains analysis of hte classification bases for recognizing which hierarchical level a certain international treaty belongs to. The second part describes the situation, which was formed in public law regulation of customs legal relations. The methodological basis for the study is legal analysis of legislative norms regulating the place of international treaties within the legal system of the Russian Federation.  International public treaties, including international treaties in the sphere of customs law, form an inalienable part of the Russian legislation.  They are sources of Russian law, and they also influence development of the entire system of law, conclusion of mutually profitable international treaties results in the development of favorable economic and political relations among the states. At the same time various direction of international treaties and their inclusion into different hierarchical levels according to different bases for classification creates significant problems in legal practice.
International courts
Fedorchenko A.A. - Law of the International Criminal Tribunals. pp. 87-103


Abstract: The international criminal tribunals form a unique type of international judicial institutions.  They were formed in accordance with the Resolutions of the Security Council of the UN, they should have formulated their procedural norms themselves, and they also had to choose applicable law for their cases independently.  The author considers that the international criminal tribunals apply the sources of law, which are not directly provided for them.  However, this is not abuse of law.  Active use of implied and inalienable competences is typical for international judicial institutions, since the founding documents for these bodies and their inner procedural documents usually contain general provisions on their procedure, and basic rights of participants of such proceedings.  That is why, the international criminal tribunals have formed and keep forming their own internal law, and they choose the sources of applicable law according to the methods formed in other international courts.
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