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MAIN PAGE > Journal "International Law" > Contents of Issue № 01/2015
Contents of Issue № 01/2015
Integrational law and supernational associations
Akopdzhanova M.O. - Legal regulation of the activities of the Eurasian Economic Union pp. 1-8

DOI:
10.7256/2306-9899.2015.1.13392

Abstract: This article reviews the legal principles of the organization and activities of the Eurasian Economic Union, the key positions of the Agreement on the European Economic Area that regulate the issues of the foreign trade, macroeconomic, and currency policies, as well as the relations in the area of energy, taxation, intellectual property, and work migration. This work also examines the authorities of the European Economic Union, hierarchy of the normative legal sources that regulate the work of the Union depending on their legal power, as well as underlines the specifics of the structuring and functionality of the key directions of economic work in relation to the ratification of the member states of the Agreement on the European Economic Area. The most important aspects of implementations of dispositions of norms of the Agreement are being analyzed. The conclusions of this article can be useful to the law enforcement agencies, students, post-graduate students, and all persons interested in the questions of jurisprudence.  
International law and national law
Khusyainov T.M. - The specifics of implementation of the norms of the “Framework Agreement on Telework” into the labor law of Belgium pp. 9-18

DOI:
10.7256/2306-9899.2015.1.13596

Abstract: This work reviews the process of implementation of the norms of the “Framework Agreement on Telework” and the forming of national labor legislation of Belgium in the field of legal regulation of Internet-based work. Despite the rapidly growing interest towards the new forms and types of work including those that are based on the Internet technologies, the progress of the labor legislation, specifically the norms of labor law in the area of regulation of the Internet-based work in Belgium, is very insignificant at this stage and requires a lot more attention from the researches. This work defines the particular aspects and current stage of implementation of the “Framework Agreement on Telework” into the national labor law of Belgium in comparison to the other countries of the European Union. It underlines the substantial role played by the Supranational Law in the forming of Belgian legislation in the area of regulation of the Internet-based work.
Mozhuga V.V. - Specifics of the hierarchical dependency of the sources of public law of the modern Russia in the context of forming the Eurasian Economic Community pp. 19-28

DOI:
10.7256/2306-9899.2015.1.13962

Abstract: The subject of this research is the hierarchical dependency of the sources of public law in the modern Russia and its influence on the changes in Russia’s structure in light of the integrational cooperation. An analysis is conducted on the approaches to the forming of hierarchical subordination of the sources of public law within the classic theory of law, as well as the current stage. A special emphasis is made on the influence of international acts that compose the contractual foundation of the Customs Union of Russia, Belarus, and Kazakhstan, as well as the emergence of sources of public law of international legal acts of direct effect within the system. The author structures a concept of creating a hierarchical system of sources of public law, determining the defining factors and legal forms of expression of this system taking into account the effect of international law.
International organizations and peaceful resolution of disputes
Zverev P.G. - Human rights and the experience of UN international peacekeeping during the 1990’s pp. 29-51

DOI:
10.7256/2306-9899.2015.1.13742

Abstract: This article analyzes the questions of protection, provision and advancement of human rights under the conditions of peacekeeping operations of the 1990’s. It is precisely this period that marked the fundamental change in the very ideology of UN’s international peacekeeping and its integral concept of protection of human rights throughout the peacekeeping missions. The goal of this research is to demonstrate just how and by how much the protection of human rights has grown during the period of transition from the “traditional” support of peace to the “expanded” peacekeeping. A special attention is given to the position of the International Amnesty on this subject. Based on the analysis of a number of international legal acts (“An Agenda for Peace”, The Vienna Declaration and Program of Action) and specific historical examples of UN peacekeeping missions of the 1990’s the author illustrates the change in attitude of the United Nations Headquarters and its field missions towards the problematics of protection of human rights, and the key directions of its further solution that were realized within subsequent peacekeeping missions.
International courts
Savryga K.P. - International criminal responsibility of the staff members of private military and security organizations pp. 52-64

DOI:
10.7256/2306-9899.2015.1.14106

Abstract: This article reviews the international criminal responsibility of private military and security organizations. It offers examples and presents types of international criminal responsibility of such subjects. The author claims that they are much more likely to commit an international crime than regular military personnel. This article reviews not only the question of responsibility of the front line staff of the private military and security companies, but also management, which can directly organize or be an accessory to a crime, or abet the criminal activity of their staff members. The issue of the responsibility of the management and front line staff members, as well as the various forms of their possible complicity in commission of international crimes will be examined. Analyzing the practice of International Criminal Tribunals of the former Yugoslavia and Rwanda, as well as the practice of the International Criminal Court, the author comes to a conclusion that the staff of the private military and security companies carries international criminal responsibility on the regular basis. In addition to that, representing a legal entity as an employer does not protect its principal or the management from international criminal responsibility not only in the cases of direct involvement into a crime, but also abetment and participation in a joint criminal enterprise.
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