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MAIN PAGE > Journal "International Law" > Contents of Issue № 04/2018
Contents of Issue № 04/2018
Development of separate branches of international public law
Shugurov M.V. - International political legal mechanism of switching to the models of rational consumption and production: new framework for technology transfer pp. 1-23

DOI:
10.25136/2306-9899.2018.4.26918

Abstract: The subject of this research is the decennial framework of the program on rational models of consumption and production as a mechanism that allows integrating the international transferring of environmentally friendly technologies into the framework of social ideal stipulated by the agenda in the area of sustainable development until 2030. The author gives the detailed characteristic to the models of rational consumption and production as the foundation for sustainable development, traces their formulation and development in the context of global political process in the area of sustainable development, and most importantly, analyzes their impact on the determination of goals of the international legal regulation of technologies, including the need for overcoming the technology gap. In the course of this research the author applied the comparative legal method that allows establishing the link between the international political documents and legislative acts in the area of ensuring the transition to sustainable development and assistance in technology transfer. The main conclusion lies in the statement that the decennial framework represent the mechanism for reaching the goal of sustainable development No. 12, which creates the conceptual space for the scope of political obligations in the sphere of international technology transfer. The scientific novelty lies in substantiation of the fact that the examined mechanism of international cooperation allows integrating the transfer of “sustainable” technologies into the context of realization of the social ideal, which suggests the universal implementation of the rational models of consumption and production.
International law and national law
Vinokurov S.N. - Correlation of the concepts of good faith in international law and law of the United States pp. 24-33

DOI:
10.25136/2306-9899.2018.4.27808

Abstract: The subject of this research is the interpretation of the concepts of good faith and the related concept of fair dealing in the area of international law and domestic law of the United States. The author examines not only the content of these concepts by the international legal category and American law, but also attempts to find similarities and differences in understanding of these concepts. The principle of good faith is has become mainstream in the law of the United States, which is common to the countries of general law. At the same time, multiple international conventions that regulate both, the private international relations and public international relations, in its text contain the requirement on good faith and fair dealing. The main conclusion lies in determination of the structural nature of the principle of good faith as an international legal concept in international law, as well as description of the content of good faith accepted in the law of the United States. The author underlines the inconsistencies in the content of good faith in the American law at the doctrinal level and the level of judicial practice. The article covers the role of good faith and fair dealing in regulating legal relations in the United States. Moreover, the author identifies certain common features and crucial differences betweeb understanding of good faith in the international law based on the conventions ratified in the United States and understanding of good faith in the American law.
History of international law
Skobina E.A., Rozhkova N.A. - Significance of the World War II for the development of public international law pp. 34-43

DOI:
10.25136/2306-9899.2018.4.27620

Abstract: This article examines the significance of results of the World War II for development of the norms of international humanitarian law. Relevance of the topic is substantiated by the need to disprove the repeated attempts of falsification of the outcome of war and rehabilitation of fascism through enacting the legislative bills by various countries. The goal of this work is to demonstrate the transformation and implementation of the norms of warfare in the international law. The subject of this research is the norms of Nuremberg trials and their introduction into the Russian legislation. The set goal is achieved through using the methods of historical and retrospective analysis and comparative study. The field of application of the research results in the international criminal law. The author reveals the peculiarities of creating the generally recognized norm of international law that condemns the rehabilitation of fascism. A conclusion is substantiated that after the World War II was invented a mechanism for exercising the norms of identity protection during the armed conflicts at the international level, including the criminal prosecution on the persons guilty of violating the laws and customs of war in accordance with the international law. The improvement of norms of the international criminal law allowed prosecuting military servants for execution of an unlawful order of the officer with evident violation by the latter of the norms of humanitarian law. One of the important lawmaking results of the World War II became the creation of legal standards of human rights as a set of effective legal norms of international law.
Development of separate branches of international public law
Grigorieva N.A., Simonova M.A. - International experience of development of the children’s ombudsman institution: from the history of protection of children’s rights and interest pp. 44-49

DOI:
10.25136/2306-9899.2018.4.27574

Abstract: The subject of this research is the global experience, state and trends of development of the children’s ombudsman institution. The object of this research is the historical experiences of the countries pertinent to establishment of the children’s ombudsman institution. The authors carefully examine such aspects of the topic as the main vectors, prerequisites and stages of development of the children’s ombudsman institution. Particular attention is given to the models and forms of organization of work, as well as functions and authority of children’s ombudsmen within the framework of international practice. The main conclusion consists in identification of peculiarities of development of the ombudsman institution in the context of activity of the countries in the area of protection of children’s rights. The author’s special contribution is defined by the comprehensive analysis of evolution of the children’s ombudsman institution worldwide. The scientific novelty lies in reconsideration of the conceptual grounds, trends and key vectors of development of the children’s ombudsman institution. The article is prepared in terms of implementation of the project of the Russian Foundation for the Humanities No. 16-03-00467/16 “Problems and International Practice in the Sphere of Protection of Children from Exploitation and Abuse: History, Politics, and Law”.
Lisauskaite V.V. - International law of disasters as a new ranch of public international law: need for formation and doctrinal substantiation pp. 50-72

DOI:
10.25136/2306-9899.2018.4.27918

Abstract: The subject of this research is the analysis of the various criteria of formation of the new branch of international law, among which are the subject of legal regulation, sources and principles. The author analyzes the positions of Russian and foreign scholars with regards to formation of the international law of disasters; demarcates from the international humanitarian law and international law of environmental protection, international security law. The article also examines the social relations that are a part of the subject of legal regulation of the international law of disasters. In the course of this research, the author applies the comparative method, analysis and synthesis of information pertinent to emergence of the new branch of international law. The sphere of international regulation of protection from disasters in insufficiently studied within the Russian legal science. Leaning of the works of prominent international legal experts, the author structures the original concept and provides valid arguments of its existence. A conclusion is made on the active development of international relations in the area of protection from disasters, gradual formation of legal platform for their regulation and establishment of the new independent branch of international law – the international law of disasters.
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