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International Law
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MAIN PAGE > Journal "International Law" > Contents of Issue є 03/2016
Contents of Issue є 03/2016
Development of separate branches of international public law
Gorian E. - The international-legal mechanism of ensuring the rights of migrant women regarding the struggle against HIV/AIDS pp. 1-18


Abstract: The object of this research is the relations emerging in ensuring the rights of migrant women in the context of fighting HIV/AIDS. The author highlights the peculiarities of the international-legal mechanism of providing the rights of migrant women in the aforementioned aspect, as well as gives special attention to the normative and institutional mechanisms. The main principle of the international-legal mechanism that consists in the principle of nondiscrimination is underlined. The specificity of the examined mechanism lies in the active involvement of the employers and their organizations alongside the public organization and labor unions. The normative mechanism is presented for the most part by the norms of soft law; the imperative norms are contained in the number of special conventions dedicated to work migration, protection of the rights of women, children, and people with disabilities. The institutional mechanism is presented by the international governmental and nongovernmental organizations, international judicial authorities, public organizations, labor unions, and multinational corporations. The author underlines the need in development of the international convention devoted to the protection of rights of the HIV-infected individuals, which will include all of the vulnerable categories of population (women, children, handicaps, and migrants) and contain the minimal standards of provision of their rights, obligatory for all of the participants.
International civil law/private law
Shchekina E. - On certain peculiarities of the notion Уcircumvention of lawФ in the private international law of Germany pp. 19-27


Abstract: The subject of this article is the problem of the circumvention of law in the private international law of Germany. The author analyzes the positions of some contemporary German researchers pertaining to the question of circumvention of law and the criteria for its determination, as well as court decisions on this matter. The author raises a question on correlation between the circumvention of law and choice of law applicable to legal relation, as well as examines this problem in the context of the notion of autonomy of the parties. The separate groups of legal relations, for which according to the German judicial practice is characteristic the problem of circumvention of law, are being highlighted. The author’s main contribution into the development of the examined topic consists in the study of the position of certain German authors, who have not previously been covered in the Russian literature. During the course of this research, the author described the fundamental principles that serve as a guidelines for the German courts in dispute resolution with the presence of foreign component with regards to the question of circumvention of law.
History of international law
Belkovets L. - Still enemies or already "friends" and "partners"? (to the problem of the Russian debt obligations at the conferences in Genoa) pp. 28-38


Abstract: The Ukrainian default, which violated the debt obligations concerning Russia, revived the issue regarding the debt cancellation of the imperial and provisional by the Soviet authorities. The article explores the position maintained by Soviet Russia in this regard at the Genoa international conference in April-May of 1922. The object of this research is the discussion pertaining to the economic policy of the Bolsheviks, who came to power in the October of 1917, and entered upon the “socialistic” experiment in the country, which was withdrawing from the war and revolutions. The author examines the combination of historical and legal facts, as well as applies the method of their scientific assessment based on the achievements of the Russian and foreign historiography. The conclusion is made about the development of the original policy orientation of the Soviet government aimed at establishment of the equal friendly relations with the capitalist countries. The author notes the effort of the Soviet diplomacy regarding the cancellation of Russia’s debts ad recognition of the new Russian government by Germany and other Western countries – nations of the Triple Entente.
Logvinova I.V. - Constitutional grounds of the international activity of the Republic of the Soviet Union: historical-legal aspect pp. 39-53


Abstract: The subject of this research is the constitutional regulation in the area of international activity of the Union Republics. It is necessary to study the historical context of the problem of legal coverage of the international relations of the constituents of the federative nations (based on the example of the Soviet Republics) for understanding the modern status of the established constitutional-legal regulation in this field. The Soviet experience was unique due to the fact that the formal legal status of the republics significantly differed from the actual constitutional practice. Most vividly, we can follow it analyzing the constitutional powers of the Soviet Republics in the area of foreign affairs and practice of their realization. The article interdependently examines the established since February 1, 1944 constitutional-legal regulation and practice of its implementation in the area of foreign affairs of the Soviet Republics. This allowed making the following conclusion: the formal constitutional-legal status of the Union Republics (which included such essential component as the possibility to realize the foreign affairs), as well as their practical status had serious discrepancies. In fact, the Union Republics realized just the separate powers in international activity, under the absolute control and with participation of the Union leadership; thus we can say that the Republics had only separate elements of international legal capacity, which were determined on the Union level.
Ponamorenko V.E. - Organizational-legal grounds of the macroprudential policy at the international and national levels pp. 54-71


Abstract: The subject of this research is the organizational-legal grounds of the macroprudential policy at the international (global and regional) and national levels. The problematic of the macroprudential policy (including macroprudential regulation and macroprudential surveillance) due to the nature of the systemic risk carries a strong cross-border character. The article explores the institutional grounfs of macroprudential policy at the national level that are being formed under the influence of the global financial regulators (Financial Stability Board, Bank for International Settlements, and International Monetary Fund); as well as the national legal grounds of macroprudential policy established under the effect of the global financial standards and documents of the Financial Stability Board. Therefore, particular attention is paid to the practices of assessment of the level of implementation of recommendations and standards in the area of macroprudential policy into the national systems of law. The scientific novelty consists in performance of the relevant examination of the organizational-legal grounds of macroprudential policy at the international and national levels using the extensive and modern source base with expansion onto the practical proposal that can be implemented in the lawmaking process. The main conclusions consist in application of the advanced foreign experience in the field of organization and legal regulation of macroprudential policy, improvement of the system of macroprudential regulation in Russia, and creation of such system in the Eurasian Economic Union.
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