Ёлектронный журнал ћеждународное право - є2 за 2016 год - —одержание, список статей - ISSN: 2644-5514 - »здательство NotaBene
International Law
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MAIN PAGE > Journal "International Law" > Contents of Issue є 02/2016
Contents of Issue є 02/2016
Integrational law and supernational associations
Boklan D., Lifshits I. - Implemtation of the rule of law principle in the Eurasian Economic Union pp. 1-13


Abstract: The rule of law principle is widely recognized as a public good, meanwhile its implementation faces substantial barriers. Authors explore such barriers with regard to the Eurasian Economic Union and among them outline the problem of Eurasian Economic Commission’s competence and effect of its legal instruments, the issues relating to legitimacy of EAEU system of bodies lacking people representation institutions, and lack of machinery of members states’ laws and regulation harmonization. Engaging comparative method and a method of systematic analysis, the authors suggest using the experience of the EU, particularly in providing better accountability of its institutions to national parliaments, and introducing legal instruments which will ensure harmonization of laws, as well as enhance transparency in the process of rule-making and law enforcement of the Union’s acts. Demonstrating the examples from financial and environment protection spheres, the authors conclude that public policy practice in every member state may be reconciled with best standards in the Union as well as with the best global standards by means of international agreements and decisions of Union’s bodies. It will substantially improve the quality of public governance in the member-states.
International law and national law
Vinogradova P.A. - The principles and norms of international law as the basis of jurisdiction of the Russian judicial authorities pp. 14-25


Abstract: The subject of this research is the questions of jurisdiction of disputes to the judicial authorities of the Russian Federation. The main goal of this work is the examination of jurisdictional elements of the judicial branch. One of the factors of approaching jurisdiction of one or another court is the presence of circumstances conducing fairness of judgment. The choice of jurisdiction is substantiated by recognition of the authority of the resolution court by the participants of the process. It is also affected by the definition of criteria, which allow comparing the subject of the dispute with the questions attributed to the jurisdiction of national authorities, as well as the conditions for its resolution of international institutions. A subsidiary role of the intergovernmental authorities on the protection of human rights It is generally recognized. Codification of such role within the international law allowed demarcating the competency of the national and international judicial institutions. At the same time, it was followed by various interpretation of this role, as well as by the excessive interference into the domestic affairs of the sovereign states. The results of this research allow the author to substantiate a thesis on correspondence of the authority of the branches of judicial power of the Russian Federation on questions pertaining to state political system with the principles and norms of international law.  
Komarov A.A. - Universal jurisdiction of criminal law pertaining to crimes committed through Internet pp. 26-37


Abstract: The subject of this research is the combination of theoretical ideas about the limits of power of criminal law in accordance with the universal principle. This work analyses the main postulates of this principle with application to the realities of the past and modernity; critically evaluates the legal formulations selected by legislator in order to restrict the boundaries (peculiarities) of power of the aforementioned principle; as well as examines the prospects of adaptation of its positions towards the crimes committed through the Internet. For achieving the set goal, the author formulated several tasks which have been solved by the analysis of the existing doctrinal positions in the area of Russian and foreign criminal law. The main conclusion consists in the fact that the universal jurisdiction is the most used mechanism for the proper establishment of criminal responsibility for cybercrimes. The expansion of an object field of the international criminal law can become a required element necessary for implementation of the universal principle of criminal law.
International courts
Bondarenko I.I. - Comprising elements and criteria of expropriation and exceptional cases of finding expropriation to be lawful in the practice of international arbitration pp. 38-46


Abstract: The subject of this research is the norms of international law that regulate the issues of lawfulness of state actions that result in compulsory seizing of investor’s property. The goal of the work is to characterize the legal phenomenon of expropriation and determine its mandatory criteria. A special attention is given to the examination of exceptional cases, in which expropriation is found to be lawful. The author has personally translated the used sources of international expropriation law. The legal complexity of determining expropriation (expropriation measures) consists in the fact that there is no codified or otherwise unified document that establishes the rights and obligation of the state and foreign investor. In resolution of investment disputes, the international arbitrations individually characterize a number of evaluation categories: substantial involvement into the rights of the investor, duration, and intent, which is the cause for collisions of legal regulation. The author’s special contribution into the research of this subject consists in a sequential and classified presentation of current trends of hearing of expropriation cases; ordering of the types of expropriation, established and acknowledged criteria for its determination, and its legality in exceptional cases.
History of international law
Gorian K.V. - Contribution of the Catholic Church into the development of international law of human rights pp. 47-57


Abstract: This article explores the developed within the framework of Catholic religion as a culturological term system of views and ideas on the international public law as a whole, as well as the international law of human rights in particular. The subject of this research is the international legal documents along with the doctrinal formulations which define the essence and the content of Catholic concept of international law. The author gives characteristics to the system of sources of the Catholic concept of international law, as well as the role of the pontifices – heads of the Holy See in the formation of not just contemporary concept of human rights, hut also modern international law. Catholic concept of human rights is based on a metaphysical foundation, according to which rights and responsibilities subordinate to highest commandments to love God and your neighbor as yourself. The modern international law has been establishing within the framework of Christian religion; the founders of the human right concept are the representatives of the Spanish school of international law. Special place in formation of the human rights concept belongs to pontifices of the Holy See, who announce the issues faced by the global community and suggest ways for their solution based on the Christian doctrine; they also underline the correlation between the human rights and preservation of the habitat, as well as the mankind responsibility for protection of the environment.
History of law and state
Grigor'eva O.G. - International cooperation of USSR on civil affairs during 1957-1991 pp. 58-73


Abstract: This article carefully examines the dynamics of the international legal cooperation of the Soviet Union with foreign countries on civil affairs during the period of 1957-1991. The mentioned chronological timeframe is justified first and foremost by the historical significance of the 20th Congress of the Communist Party of the Soviet Union, which confirmed the Lenin’s foreign policy course towards peaceful co-existence and cooperation of states with various sociopolitical regimes. The year 1991 marked the legislative collapse of the Soviet Union. The author notes that during this historical period international cooperation of USSR on civil affairs was based on the generally recognized principles and norms of international law established in the UN Charter, as well as universal and bilateral international agreements with USSR. Author’s special contribution into the research of international legal cooperation between USSR and foreign countries on civil affairs consists in a meticulous search in the State Archive of the Russian Federation and the Foreign Policy Archive of the Ministry of Foreign Affairs of the Russian Federation for diplomatic correspondence that reflects international legal cooperation on specific civil cases on claims of alimony, inheritance, custody, statistical data of jurisdictional institutions, which reflect the dynamics of foreign relations of the competent authorities of the Soviet State on the aforementioned issues. These archive materials are introduced by the author into the scientific circulation for the first time.
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