Ёлектронный журнал ћеждународное право - є4 за 2015 г. - —одержание - список статей. ISSN: 2644-5514 - »здательство NotaBene
International Law
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MAIN PAGE > Journal "International Law" > Contents of Issue є 04/2015
Contents of Issue є 04/2015
Development of separate branches of international public law
Zverev P.G. - The Problems of Interaction of International Human Rights Law and International Humanitarian Law during Armed Conflicts pp. 1-22


Abstract: This article is dedicated to the problems of interaction of the two independent bodies of modern international law – human rights law, and international humanitarian law in times of armed conflict. Special attention is given to the differences in approaches to human rights applied by the rules of two mentioned bodies of international law. The author analyzes the provisions of international treaties in the field of protection of human rights and international humanitarian law, as well as the opinions of reputable domestic and foreign researchers. The goal of this study is to identify the problem points in convergence of human rights law and international humanitarian law during armed conflicts. The 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) during an armed conflict human rights law and international humanitarian law are complementary bodies of international law; 2) rules of international humanitarian law operate as lex specialis in relation to human rights law; 3) further close interaction between the considered bodies can lead to their merger into a single (joint) body of international law. The novelty of this research consists in the fact that it is for the first time the opinions of renowned Russian international lawyers on the question of the relationship of these bodies of international law are presented in English; also the positions of Russian scientists are compared with the opinions of their foreign colleagues.
Zarubin I.S. - Exhibition and trade fair and congressional activity within the system of institutions of international economic law pp. 23-53


Abstract: The subject of this article is the circle of international legal problems in the area of legal regulation of the institution of exhibition and trade fair activity on the circumstances of its functional nature and representational orientation as one of its comprising institutions within the common system of institutions of international economic law. The object of this research is the public relations that form in the process of cooperation of the member-states of the global community by the vector of juridical regulation of the institution of exhibition and trade and fair and congressional activity in the context of international legal security. The scientific novelty of this research consists in a detailed examination of the institution of exhibition and trade fair and congressional activity as part of the common system of institutions of international economic law, and determination of the specificity of the legal regulation of relations in this sphere. The author formulates the legal hypothesis, according to which he makes a conclusion on the interconnection between the provision of legal security of the member-states of the international community and the institutional-legal spectrum of science and practice of international economic law, including the institution of exhibition and trade fair and congressional activity.
International civil law/private law
Asadov R.B. - Definition of the notion of Уforeign trade agreementФ: convergent approach pp. 54-65


Abstract: This article examines the questions of definition of the notions “international contract” and “foreign trade agreement”. Despite the multiple attempts at convergence of the norms of Russian legislation and the norms of international law in the area of foreign trade, as well as their subsequent systematization, the question of proper interpretation of international contracts and determination of the “foreign” character of such contracts remains open, and provokes many disputes among theoreticians and practitioners. A special attention is given to the practice of international commercial arbitration in the Russian Federation, based on the criterion “place of business”. The key moment in the definition of the “foreign” nature of this type pf contracts will be the geographical location of the companies (place of business). There is no legal definition for “place of business”, yet the wide use of this notion in the practice of signing foreign trade agreements creates the need of its precise regulation at the legislative level. In this case, the special attention needs to be focused on the practice of the International Commercial Arbitration Court for Russian Chamber of Commerce, which characterizes the “place of business” as organizations located in different countries that are participants of the Vienna Convention of 1980.
Integrational law and supernational associations
Krasnova K.A. - Witness protection in the EU member-states pp. 66-86


Abstract: This article presents the detailed review of the institutional aspect of witness protection in member-states of the European Union. The special attention is given to the legal prerequisites of the organization of witness protection programs at the national levels. The work of national programs is considered on the examples of Austria, Germany, Italy, France, and Great Britain. In the structural sense, the witness protection program is conditionally divided by the author into two components: governing body (body of protection) and implementing agency (division of protection). Certain specifics in selection of witnesses for participation in the program and filing of application on inclusion in the program are noted. Options of interstate cooperation on witness protection and the coordinating role of Europol in this sphere are considered. Research of law enforcement and other agencies on protection of witnesses in the European Union member-states was carried out on the basis of the comparative and legal method, which allowed to study the general and specific regularities of the organization of appropriate programs in the certain states of the considered integration association. Scientific novelty of this research consists in author’s formulation of the key differences in the European approach towards understanding of witness protection program. The latter are perceived as a unique instrument for ensuring the safety of witnesses and support to criminal justice system as a whole. The author determines the perspective vectors of further development for the considered area of law-enforcement activity.
International courts
Gorian E., Netrusov Y. - Representation of state interests in the International Court of Justice: procedural aspects pp. 87-102


Abstract: The subject of this research is the aspects of the procedural protection of state interests in the International Court of Justice and the role of lawyers in the legal process. The article examines the role of advocacy in the resolution of international disputes at the international courts; requirements for individuals that represent states in the International Court of Justice; key aspects of written and oral proceeding in the International Court of Justice. The authors point out the necessity to prepare future specialists in the area of international law with emphasis on the practical application of the acquired knowledge. In order to effectively represent the state interests in the International Court of Justice, it is necessary to consider the procedural peculiarities aimed at comprehensive, objective examination of the positions of the parties involved in the case. The state must have a fundamental approach towards preparation of their specialists, take into account the scientific and professional potential, as well as the practical experience of the individuals called to represent the state in the international judicial and arbitration institutions.
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