International Law
Journal Menu
> Issues > Rubrics > About journal > Authors > Requirements for publication > Editorial collegium > List of peer reviewers > Review procedure > Policy of publication. Aims & Scope. > Article retraction > Ethics > Legal information
Journals in science databases
About the Journal

MAIN PAGE > Journal "International Law" > Rubric "Development of separate branches of international public law"
Development of separate branches of international public law
Sazonova K.L. - The Big Five and the peace-making activities of the United Nations Organization: political and legal threats and challenges. pp. 1-15


Abstract: "The Big Five", "the Great Powers", "the permanent Five" - all of these terms refer to the Permanent Member of the Security Council of the United Nations Organizations. These states - the Russian Federation, the United States of America, the Great Britain, France and China - bear special responsibility for the protection of international peace and security, and they make decisions, which influence the entire universal collective security system.  Throughout 68 years of existence of the UN the reaction of the international community to this institution has been ambiguous.  The Permanent Members of the Security Council of the UN treasure their status greatly and protect it actively, and these states also bear the key political responsibility for the mistakes and failures of the organization as a whole. That is why, it is of interest to the author to study the role of the "Big Five" in the peace-making system of the UN. The author analyzes the actions of the "Big Five" states in the conditions of continually complicating goals, which the UN is facing, and she also discusses the perspectives for the future reform of the UN Security Council.
Krivenkova M. - Forms of International Organizations' Non-Material Responsibility pp. 1-15
Abstract: The article considers some peculiarities of bringing international organizations to non-material forms of intarnational responsibility. Special attention is paid to the project of the Articles on Responsibility of International Organizations, which were developed by the UN International Law Commission. The author proposes to distinguish such forms of non-material responsibility as restoration, satisfaction, assurances and guarantees of non-repetition. Within each of these forms the author evaluates  specific types of responibility of states in violations of their obligations, arising from legal relations.
Mozhuga V.V. - Factors influencing the hierarchical dependency of public law sources in the Customs Union. pp. 1-15


Abstract: The article is devoted to the studies of the influence of economic integration upon the changes in the factors reflecting hierarchic dependency of the public law sources.  The article provides brief analysis of various approaches towards the formation of a hierarchic dependency, and it includes detailed analysis of the influence of economic processes upon the changes in the hierarchy of the public law norms both at national and international levels. The author pays special attention to the issues of classification of regional trade agreements and their relations with the system of supra-national public law, providing detailed characteristics of each type of regional trade agreement, taking into account the specific features of the formation of the system of public law.  As a conclusion the author points out that the transition from one level of integration to another is accompanied with the simultaneous changes in the system of sources of public law of the state, when more and more of economic and closely related issues are transferred into the sphere of supranational regulation. That is why, when analyzing the factors of hierarchical dependency of the sources of public law of the Russian Federation, it is necessary to take into account the economic element of public law relations.
Shovkrinskii A.Y. - Abandonment of the principle of requirement for the exhaustion of the local legal remedies in the international law by the state. pp. 1-19


Abstract: The article concerns the issue of abandonment of the respondent state of the principle of requirement for the exhaustion of the domestic legal remedies in the international law, which allows the claimant not to apply domestic remedies and to address the international organization bodies directly for the protection of his rights. In the opinion of the author such an abandonment of the state from the requirements for the exhaustion of local remedies may be both expressed and implied.  The author considers that expressed abandonment of this requirement by the state may be expressed directly or indirectly, since it concerns the procedural position of the defense, and the abandonment itself may be withdrawn. It seems that direct abandonment of the principle by the respondent state before the start of the international judicial procedure may be rather rare.  In all of the cases viewed by the author the abandonment was announced by the state during the international judicial trial.  As for the implied abandonment of the requirement for the exhaustion of the local legal remedies by the state, there is no norm of international law, which would provide for its presence.  The author states that the problem of implied abandonment of the requirement for the exhaustion of the local legal remedies by the state is rather complicated.
Babina E.A. - International legal regulation of remote sensing from the space with the use of artificial satellites of the Earth. pp. 1-16


Abstract: The article concerns international legal regulation of remote sensing from the space with the use of artificial satellites of the Earth. The author notes that in the sphere of remote sensing, as well as in other spheres concerning information, there is a variety of norms from various national legislations, international and international private law, as well as international treaties and supranational legislation of states, which is specialized on regulation of activities in the space. The author pays attention to the absence of the special international legal document, which would be devoted to the remote sensing of the Earth from the space. It is stated in the article that this sphere is regulated with the general documents of general international space law, including both binding and non-binding acts. The author evaluates positions of the states regarding remote sensing of the Earth from the space, which are expressed within the framework of the UN Space Committee. Special attention is paid to the development of principles of remote sensing of Earth from the space, as provided for by the General Assembly of the UN in its resolution 41/65 and the work of the legal sub-Committee of the UN Space Committee.
Eremina N., Seredenko S. - The double life of international crimes: examining the issue and terminology pp. 1-52


Abstract: The subject of this research is the appeals of political institutions and declarations and statements of politicians, who use accusations of international crimes as a political instrument. The goal of this work is to conduct a thorough analysis of this issue (causes, forms of appeal, possible consequences), as it not only testifies to the existence of the so-called double standards, but also a method of strengthening the stereotypes regarding specific nations, and means of destroying an image of a country. The article gives a detailed examination of the following political statements: “regime crimes”, “declaration” of an international crime, “condemnation” of a nation. The authors also analyze the nature of “punishments” introduced against one or another country in the form of sanctions for the said “crimes”. The main sources for this work were the international legal documents, as well as the statements and declarations of political leaders. The article is first to research the use of international law as a political instrument for solving specific tasks before particular circles of individuals or country. The authors formulate the question, and compile a catalogue of similar political appeals.
Zverev P.G. - The Problems of Interaction of International Human Rights Law and International Humanitarian Law during Armed Conflicts pp. 1-22


Abstract: This article is dedicated to the problems of interaction of the two independent bodies of modern international law – human rights law, and international humanitarian law in times of armed conflict. Special attention is given to the differences in approaches to human rights applied by the rules of two mentioned bodies of international law. The author analyzes the provisions of international treaties in the field of protection of human rights and international humanitarian law, as well as the opinions of reputable domestic and foreign researchers. The goal of this study is to identify the problem points in convergence of human rights law and international humanitarian law during armed conflicts.The research is based on a combination of specific historical, comparative-legal, formal-legal and political-legal methods.The main conclusions of the research are the following: 1) during an armed conflict human rights law and international humanitarian law are complementary bodies of international law; 2) rules of international humanitarian law operate as lex specialis in relation to human rights law; 3) further close interaction between the considered bodies can lead to their merger into a single (joint) body of international law. The novelty of this research consists in the fact that it is for the first time the opinions of renowned Russian international lawyers on the question of the relationship of these bodies of international law are presented in English; also the positions of Russian scientists are compared with the opinions of their foreign colleagues.
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.
Aristov E.V. - Activity of the World Bank and International Monetary Fund aimed at prevention and alleviation of poverty pp. 1-6


Abstract: The subject of this research is the normative and practical activity of the international organizations – World Bank and International Monetary fund regarding the development of strategies, programs, and corresponding measures on the struggle against poverty. The author examines such aspects of the topic as the adoption by the aforementioned international organizations of joint documents and realization of joint measures on reducing the level of poverty. Special attention is given to the content of strategies and programs adopted by these organizations since 1974 – acknowledgement of the need for acceptance and implementation of political measures on redistribution of the material resources among population. The scientific novelty consists in determination of the key state measures necessary for the successful fight against poverty. Author’s special contribution into this research consists in the assessment of activity of the international financial organizations – World Bank and International Monetary Fund aimed at struggle against poverty, as well as the analysis of strategic documents and programs enacted by these international organizations.
Sazonova K.L. - International Responsibility of States: Problems And Perspectives pp. 16-25
Abstract: This article examines one of the least regulated institutions of modern international law- the institute of the responsibility of international intergovernmental organizations. This institution is not codified properly, there is only a Draft articles on responsibility of international organizations 2006, which was launched in 1963 as a codification of customary law.An important aspect is the specific legal personality of organizations, which is derivative and special, which affects the issues of responsibility. The author focuses on the history of formation and codification guidelines and standards related to the international legal responsibility of the organizations. The article compares the characteristics and specificity of the responsibility of international organizations in comparison with states responsibility, and also the reasons for international responsibility of organizations.The author analyses the implementation of international responsibility in cases when there is a functional relationship between an international organization and its officials, as well as situations where the state is the co-perpetrator of the international crime with the international organization.
Zarubin I.S. - Exhibition and trade fair and congressional activity within the system of institutions of international economic law pp. 23-53


Abstract: The subject of this article is the circle of international legal problems in the area of legal regulation of the institution of exhibition and trade fair activity on the circumstances of its functional nature and representational orientation as one of its comprising institutions within the common system of institutions of international economic law. The object of this research is the public relations that form in the process of cooperation of the member-states of the global community by the vector of juridical regulation of the institution of exhibition and trade and fair and congressional activity in the context of international legal security. The scientific novelty of this research consists in a detailed examination of the institution of exhibition and trade fair and congressional activity as part of the common system of institutions of international economic law, and determination of the specificity of the legal regulation of relations in this sphere. The author formulates the legal hypothesis, according to which he makes a conclusion on the interconnection between the provision of legal security of the member-states of the international community and the institutional-legal spectrum of science and practice of international economic law, including the institution of exhibition and trade fair and congressional activity.
Shugurov M.V. - pp. 31-53


Mirzayev F.S. - Evolution of uti possidetis as a principle of international law pp. 45-54


Abstract: The subject of this research is the principle of uti possidetis, which takes its roots from the Roman civil law. Special attention is given to the establishment of uti possidetis as a principle of international law that regulates the questions of territorial sovereignty. The object of this research is the effective implementation of the principle in various continents. Of great importance in this work is the practice of countries and international judicial bodies, including the International Court of the United Nations and diverse specialized international organizations. The main conclusion lies in consolidation of the principle of uti possidetis as a principle of international law influenced by the practice of states and application by the international judicial bodies. Author’s special contribution consists in introducing the analysis of doctrinal views and practice of implementation of uti possidetis within the Russian-language publication.
Shugurov M.V. - The effects of modern scientific progress upon the international legal regulation of transfers of technology to ensure stable development pp. 53-90


Abstract: This article is dedicated to the research of the questions of development of international scientific-technological collaboration in the process of realizing the globally accepted strategy of achieving stable development. The author gives special attention to the issues of transferring technology in order to achieve the goal of stable development and analyzes the corresponding positions of multilateral agreements in the area of international environmental law. A portion of the article also examines the issues of conceptual nature, specifically the need for a new model of international scientific-technological collaboration that would correspond to the scientific-technological progress relevant to a stable development. In this context the author raises the issues of optimization of cooperation between developed and developing countries in order to reach a mutual stable development. The article also demonstrates the success of developing countries in integrating into international flow of “green” technologies. The author formulates a conclusion that the success in moving towards a stable development on the global scale depends on the effective realization of the positions within conventions and agreements on environmental protection.
Gyulverdiev R.B. - pp. 54-64


Sagdeeva L.V. - The principle of exhaustion of rights as limitation of exclusive rights pp. 55-70


Abstract: The countries independently at the national level define the exhaustion regime with reference to the various objects of exclusive rights. Generally, three approaches to the exhaustion principle are being distinguished: national, international and regional. The principle of exhaustion is closely connected with problem of parallel imports (re-importation), when lawfully manufactured goods are imported into the country of origin. The principle of exhaustion is the limitation on the exclusive rights and the opportunities provided by this institution in relation to the subsequent use of intellectual property objects allow considering it as the limitation similar to the “free use” cases. The subject of this research is the exceptions to copyright infringement of the author’s exclusive rights, in particular the principle of exhaustion. This article considers national and international regulatory frameworks and case law. The methodology is determined by the specifics of the chosen subject and includes a set of general scientific methods (analysis, synthesis, comparison). The main conclusions consist in the following positions: none of the subjective civil rights can be limitless, especially the one in question is fair for the institution of “intellectual property”; restrictions and encumbrance  (free use, exhaustion of rights, compulsory license, and prior and posterior user right) shall be proved and not subject to extensive interpretation.
Simanovich L.N. - International legal conditions of legitimate use of the mechanisms public and private partnership in preventing crimes associated with human trafficking pp. 71-77


Abstract: This article examines the measures taken by the private sector and state enterprises that assist impeding the human trafficking, thereby reducing the income of human traffickers, and in the long view, contribute into elimination from such business. Particular attention is paid to the advantages received in case of adopting the obligations by the enterprises for upholding human rights, or contrariwise, manifestation of intolerance with regards to specific violations of human rights, primarily through consolidation in the countries’ codes of the minimal standards for regulating the working conditions in their businesses and the suppliers. The subject of this article lies in examination of the question of relevancy of formulation of the universal international standards for upholding the human rights in entrepreneurship activity and UN regulatory principles concerning business activity in the aspect of human rights. The relevance of the topic at hand is substantiated by the fact that prohibition of using the compulsory labor is one of the basic labor rights, the obligatory adherence to which is determined by the fundamental conventions of the International Labor Organization, and serve as starting point for the development of many codes of business behavior. The main methods of this scientific article is the examination, generalization, and analysis of possibility and legitimacy of the use of mechanisms of the state private partnership with regards to preventing the crimes associated with human trafficking. The scientific novelty consists in the examples of constructive measures that contribute into suppression of such practice or violation of human rights. Human trafficking emerges in the usual business practice alongside criminal business, and is not limited by such industries as entertainment or hotel business.
Khusyainov T.M., Dudar A. - The basic principles of protection of pet animals in accordance with Convention of the Council of Europe pp. 102-111


Abstract: This article examines the problematics of the legal position of pet animals as a special category of the objects of law. The subject of this research is the Convention of the Council of Europe for the Protection of Pet Animals. Despite the spread of humanistic principles and ideology of care for the nature, there is currently an insufficient amount of effort given to the problem of the category of pet animals. Within the framework of this research the author discusses the positions that substantiate the specificity and significance of this area within the modern legal system. The authors conduct a theoretical analysis of the legal sources of European Law, as well as Russian and foreign scientific literature. This work presents the key positions of the legal regulation of handling pet animals in accordance with the “European Convention for the Protection of Pet Animals” passed by the Council of Europe. The authors note that the pet category possesses special qualities in comparison to others. This area is falls under a special legislation, which still remains at the stage of development in the Russian Federation.
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.
"History Illustrated" Website