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MAIN PAGE > Journal "International Law" > Contents of Issue № 04/2017
Contents of Issue № 04/2017
Theory and philosophy of international law
Abashidze A.K. - Current problems and paradoxes in the interstate relations and role of international law in their solution pp. 1-16

DOI:
10.25136/2306-9899.2017.4.24006

Abstract: The characteristic feature of the current stage of development of humanity is globalization, which affects all spheres of human life. Scientists are talking about the impact of globalization upon the sovereignty of states and, therefore, the revision of such legal categories as lawfulness, legitimacy and constitutionalism. There is also noticed discrepancy in understanding of the essence of globalization and its consequences, both positive and negative, for international relations. The international community, represented by its global control organizations cannot find the ways and means for overcoming the issues of global nature. The article explores the scope of contemporary problems in interstate relations and the importance of international law in their solution. The United Nations proved its capability to be a center for agreeing the actions of sovereign states, as well as manifest as a universal instrument of collective security. It has no alternative under the circumstances when the key role in resolution of various issues of international relations is assigned to the sovereign states. Thus, there is drawn unambiguous conclusion: the UN member-states must demonstrate the political will in order to “transform” the United Nations into a more efficient organization that meets the demands of current development in the context of the increasingly intertwined world.
International law and national law
Sagdeeva L.V. - Compulsory license as the limitation on exclusive rights pp. 17-30

DOI:
10.25136/2306-9899.2017.4.24451

Abstract: All subjective civil rights are susceptible to limitations, especially it is relevant for the institution of “intellectual property”, in which the desire to ensure compromise between the interests of an author (rights holder) and the interests of society, engaged in free access to the results of intellectual work for the purpose of  cultural and technological development, is manifested most vividly. One of the results of balancing the interests within the intellectual property law, have become the constant expansion of various restrictions and limitations, primarily of the property rights of the authors (rights holders). This article discusses the questions of restrictions of the subjective civil rights applicable to exclusive right on the example of issuing a compulsory license. The author reviews the acting legislation of the Russian Federation and foreign countries. The following conclusions were made: all subjective civil rights are susceptible to limitations, which is especially topical for the institution of “intellectual property”; restrictions and limitations of right (free use, exhaustion, compulsory license, and rights of “prior and posterior” use) must be proven and cannot be subjected to extensive interpretation. A national patent law system concerning the granting of compulsory licenses is determined with reference to various objects of exclusive rights. The issue of compulsory licenses is possible in respect to the interests of private entities and public formations, including the purposes of healthcare and health protection that is particularly relevant for the developing countries. The compulsory license in the Institution of Intellectual property has similarities with the servitude as limitation of property rights, and is considered by the author as the limitation, rather than restriction of exclusive right.
Development of separate branches of international public law
Shugurov M.V. - International law regime of technology transfers for support of sustainable farming: content and strategic foundations (within the frameworks of the scientific project No. 17-03-00400 supported by Russian Foundation for Basic Research) pp. 31-53

DOI:
10.25136/2306-9899.2017.4.24274

Abstract: The object of this research is the international legal grounds of international technology transfers that ensure the shift of the agriculture towards the trajectory of sustainable development. The author examines the combination of general issues of international character, upon the solution of which is aimed the international legal regulation of technological cooperation of the states. The article also meticulously reviews the provisions of the framework international documents of political legal character, that are directly or invertedly associated with the international agreements that establish the regime of transfer of the agricultural technologies in the context of achieving the goals of sustainable development. A significant place in this study belongs to the analysis of the varieties of transferred technologies, as well as demonstration of the actual mechanisms that can lead the cooperation of the states and all interested partied to the efficient execution of the international legal obligations in the examined sphere. The scientific novelty lies in the system disclosure of the international legal norms and mechanism that comprise the content of the international legal regime of technology transfers, as well as determination of its complex character. The author concludes that despite the certain fragmentarity, such regime depends on the synergetic execution of the international legal obligations pertinent to the other means of ensuring the sustainable development – financing, formation of potential, and development of global trade.
Gyulverdiev R.B. - The effectiveness of foreign trade legal convergence (on the example of Vienna Convention of 1980) pp. 54-64

DOI:
10.25136/2306-9899.2017.4.25006

Abstract: The subject of this research is the category of the “effectiveness of foreign trade legal convergence”. Currently, special relevance gain the questions regarding the development of a complex and optimal model of international economic and legal cooperation that considers the interests of states in efficient functioning of entrepreneurial environment. The growing amount of modern mechanisms in form of the international and domestic agreements along with the model laws, actualize the potential of the model that will allow seamlessly implementing the foreign experience into the national legal system. Thus, the study of theoretical and applied problems of the effectiveness of legal convergence remains topical. The author focuses attention on the United Nations Convention on Contracts for the International Sale of Goods of 1980 as a universal method for regulating the transboundary trading activities that is the interlink not only between the Anglo-Saxon and Continental law, but also diverse legal cultures and systems. The author examines the most complicated problem of the authentic and uniform interpretation of the provisions of Vienna Convention using the example of the “place of business” criterion. Studying the established Russian and foreign practice, the author concludes that despite the substantive amount of the Convention’s participating countries, the key issues remain unsettled and require a more comprehensive analysis in the course of regulatory activity through the collective effort of the representatives of various legal systems. The author also highlights the characteristic features of the effectiveness of foreign trade legal convergence and provides definition to the indicated category.
International law and national law
Belyakova A.V. - Peculiarities of protection of the right to speedy trial on the practice of the European Court of Human Rights and Russian courts pp. 65-71

DOI:
10.25136/2306-9899.2017.4.23720

Abstract: The subject of this research is the legal institution of compensation for violation of a right to speedy trial. The object is the social relations emerging in terms of resolution of the issues regarding the award of compensation for violation of a right to speedy trial. The author examines the questions of peculiarities of implementation of the legal regulation of one or another institution, considering the specificities of the legal system of the state. Special attention is given to the characteristics of hearing cases within the law enforcement practice of the European Court of Human Rights and Russian courts in settlement of issues regarding the award of compensation for violation of a right to speedy trial. The main conclusion of the conducted research consists in the need for expanding the list of evaluation criteria within the Russian procedural legislation for the purpose of development of the legal institution of protection of the right to speedy trial to the full extent, taking into account the existing evaluation criteria within the practice of the European Court of Human Rights.  
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