Ёлектронный журнал ћеждународное право - є2 за 2020 год - —одержание - список статей - ISSN: 2644-5514 - »здательство NotaBene
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MAIN PAGE > Journal "International Law" > Contents of Issue є 02/2020
Contents of Issue є 02/2020
International law and national law
Kanatov R.K. - Rights and obligations of the broker and client in a brokerage contracts on the stock market in the EAEU member-states: doctrines, legislation, legal regulation and practice of implementation pp. 1-24

DOI:
10.25136/2644-5514.2020.2.32458

Abstract: From the perspective of doctrines, legislation (such as civil codes), judicial and other practices, this article examines the rights and obligations of the broker and client in a nrokerage contracts in the countries of the Eurasian Economic Union. The author particularly explores certain obligations of the broker that invoke ambiguous interpretation: obligations of the broker on carrying out client’s assignment; on prevention of the conflict of interests in fulfilment of his professional activity in the stock market; on accounting of client’s funds on a special brokerage account, etc. The scientific novelty consists in comprehensive analysis of the selected circle of questions based on the material of EAEU member-states. The research results consists in determination of the theoretical and practical problems in execution of rights and obligations of the broker and his client on the stock market; formulation of recommendations on the improvement of legal regulation and harmonization of legislation of EAEU member-states in this regard.
Development of separate branches of international public law
Kolobov R., Makritskaya E. - The analysis of case law related to implementation of international agreements in the area of environmental protection in Baikal Region pp. 25-37

DOI:
10.25136/2644-5514.2020.2.32819

Abstract: This article analyzes case law on implementation of the norms of international environmental agreements by the federal court of Irkutsk Region, Republic of Buryatia and Zabaykalsky Krai. The goal of this research is to determine the trends of application of international law regimes by the courts. The selected court rulings cover the period from 2017 to 2020. The authors came to the conclusion that the courts typically apply the provisions of the adopted in 1972 Convention on Protection of World Cultural and Natural Heritage. Most commonly used context of its implementation lies in determination of Baykal’s boundaries as the object of world heritage for the purpose of restricting land transferability. Such trend demonstrates strictly prohibitive character of perception of the Convention by law enforcement practice. At the same time, the system of protection of world heritage contains an extensive toolset for solution of environmental and socioeconomic tasks on the objects of world heritage. Practice of implementation of Convention on Biological Diversity (1992) and Ramsar Convention (1971) is quite inconsiderable, which is the authors explain by the goals and tasks of these international agreements. Implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is predictably reduced to introduction of its provisions that determine the protected biological types. The research results can be used in assessing the efficiency of the regimes of international law with regards to protection of Lake Baikal.
International courts
Afkhazava D.G. - International Court of Justice and law on the use of force pp. 38-55

DOI:
10.25136/2644-5514.2020.2.32500

Abstract: The goal of this research is the determination of practice on interpretation of law on the use of force by International Court of Justice. The article explores four cases: Corfu Channel, military activities in Nicaragua and against Nicaragua, oil platforms (the Islamic Republic of Iran against the United States), and armed activities on the territory of Congo (the Democratic Republic of Congo against Uganda). The author analyzes the question of legitimacy of the use of force: conclusion on nuclear weapon, and conclusion on the question of construction of the Wall. The article applies the method of synthesis for determination of general approach of the court; as well as comparative method to reflect the development of case law in the sphere of the use of force. The author advances an ides on establishment of legal institution on the use of force. The substantiation for this is traced in the decisions of International Court of Justice. Presence of the full-fledged and universal institution on the use of force would contribute to decrease of controversial grounds for the creation of new doctrines.
Development of separate branches of international public law
Ryzhov V.B. - InterpolТs participation in the fight against terrorism pp. 56-69

DOI:
10.25136/2644-5514.2020.2.29854

Abstract: This article analyzes the modern problems of Interpol’s participation in counteraction and investigation of terrorist acts. It explores the peculiarities of acts of political and criminal terrorism, as well as substantiates the special legal and organizational-methodological significance of the antiterrorist work of the International Criminal Police Organization. The goal of this research is to assess Interpol’s role in counteraction of terrorism in the modern period. The author concludes that Interpol plays a direct role in prevention and investigation of terrorist acts, simultaneously solving the tasks of coordination of the work of law enforcement agencies of states and transnational taskforces. Realization of Interpol’s full potential in counteraction of terrorism is impeded by the absence of unity of approaches towards the criminal legal definition of terrorism, absence of opportunity to take part in investigation of domestic terrorism and the existence of a number of advantages among people justifying their actions by political motives, versus those committing similar crimes under common criminal motivation – financial gain.
International courts
Shinkaretskaya G.G. - The concept of evidence in the international judicial process pp. 70-81

DOI:
10.25136/2644-5514.2020.2.32629

Abstract: This article discusses evidence in the judicial process as the information serving as grounds for court’s decision. In the international judicial process, which mostly of challenge character, significant role belongs to the sides, and the sides present the courts with information that substantiates each of their positions. The court, being an independent body, evaluates and selects information that it considers necessary to hear the case. It is advanced that the theory of international justice still lacks established and generally accepted procedure for selection of information. Such rules are formed in the judicial process and admissibility of these rules by the states or other subjects of international law. This work highlights the importance of determining comparable approaches towards the process of evidence in various international judicial bodies. Special attention is given to the issues of distribution of the burden of proof, methods, forms and standards of evidence applicable in the international judicial process.
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