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MAIN PAGE > Journal "International Law" > Rubric "International organizations and peaceful resolution of disputes"
International organizations and peaceful resolution of disputes
Kurbanov R.A. - Integration Processes within the framework of Economic and Monetary Union of West Africa pp. 1-30

DOI:
10.25136/2306-9899.2017.3.23177

Abstract: This article is dedicated to the Economic and Monetary Union of West Africa (UEMOA), history of its establishment, functionality, institutional structure, normative acts, as well its impact upon the national law of the organization’s member-states. The author thoroughly reviews various levels of interaction in the context of this union. The presence in such sub-regional organization of the secondary law testifies to the high level of integration processes. The conducted analysis of the work of UEMOA gives grounds for claiming that this organization is one of the most “advanced” not only in Africa, but also worldwide. The examined integration organization has an extensive institutional structure that includes the Court of Justice, Accounts Chamber, Central Bank of West African States, West African Development Bank; also is established the West African Accounting System, in the context of which formed the Guild of Auditors and Chartered Accountants, National Council of Accounting, Accredited Centers of Administration, West African Council of Accountants, Permanent Council on the questions of accounting profession. Such well-structured institutional system indicates the high level of development of the integration processes within the framework of the Union.
Zverev P.G. - Human rights and the experience of UN international peacekeeping during the 1990’s pp. 29-51

DOI:
10.7256/2306-9899.2015.1.13742

Abstract: This article analyzes the questions of protection, provision and advancement of human rights under the conditions of peacekeeping operations of the 1990’s. It is precisely this period that marked the fundamental change in the very ideology of UN’s international peacekeeping and its integral concept of protection of human rights throughout the peacekeeping missions. The goal of this research is to demonstrate just how and by how much the protection of human rights has grown during the period of transition from the “traditional” support of peace to the “expanded” peacekeeping. A special attention is given to the position of the International Amnesty on this subject. Based on the analysis of a number of international legal acts (“An Agenda for Peace”, The Vienna Declaration and Program of Action) and specific historical examples of UN peacekeeping missions of the 1990’s the author illustrates the change in attitude of the United Nations Headquarters and its field missions towards the problematics of protection of human rights, and the key directions of its further solution that were realized within subsequent peacekeeping missions.
Zverev P.G. - Human rights monitoring in the UN civilian monitoring missions in Haiti and South Africa in the 1990’s pp. 122-141

DOI:
10.7256/2306-9899.2015.2.14176

Abstract: The article is devoted to a retrospective study of human rights monitoring in civil peacekeeping missions of the 1990's, in Haiti and South Africa. The beginning of the 1990's was marked by the transformation of the concept of international UN peacekeeping with the shift towards the protection of human rights. The purpose of this study is a historical and comparative analysis of the monitoring of human rights implementation on two continents – in Central America and in South Africa. Traditionally attention is paid to the point of view of Amnesty International on this issue. In the course of comparative law and the concrete-historical analysis specific characteristics of civil monitoring missions of human rights implementation in the early 1990's are identified. The conducted study is based on a combination of specific historical, comparative, formal-legal and political-legal methods. Concrete-historical analysis of human rights monitoring in the civil peace operations, which originated in the beginning of 1990's, is held for the first time in the Russian legal science. Based on the analysis of a number of international legal acts and documents (the “Agenda for peace”, resolutions of the UN General Assembly and the Security Council, recommendations of Amnesty International) and on the concrete-historical examples of civil missions in the early 1990's the change of UN position and the position of its field missions on the problem of human rights protection is shown and the main directions of its further decision, implemented within later peace operations, are defined.
Shinkaretskaya G.G. - What it means "to resolve a dispute in an international court"? pp. 193-200

DOI:
10.7256/2306-9899.2014.3.11641

Abstract: The article concerns the nature and complications of international justice. The author studies specific practices of international courts regarding resolution of international legal disputes.  The author also pays attention to the issue of non-enforcement of judicial decisions of the international courts and the measures, which the international courts take in order to avoid this problem.  The author writes that resolution of international legal disputes, as well as provision of consultative opinons, form the main function of the international judicial institutions. The meaning of this function is to assist normal relations between the states, and it is aimed at having a real influence upon the international relations. In the opinion of the author to resolve an international legal dispute is to restore normal neighbourly relations between the conflicting states.  Law serves as means and not a goal in this process. Of course, a body resolving a dispute should not go outside the boundaries of law, but an overly formal approach towards its functions may finally lead to loss of the very meaning of its existence.
Abgarjan D. - The disputes on immediate release of seized vessels and their crew in the practice of the International Tribunal for the Law of the Sea. pp. 201-226

DOI:
10.7256/2306-9899.2014.3.11602

Abstract: The article contains analysis of various issues regarding interpretation of the UN Convention on the Law of the Sea of 1982, which were faced by the International Tribunal for the Law of the Sea (ITLOS) in the course of dealing with the cases on immediate release of seized vessels and their crews. The main part of the problem is dealt with based upon the judicial practice of the International Tribunal for the Law of the sea. The author uncovers the main tendencies in the judicial practice of the International Tribunal for the Law of the Sea, novelties and norm-making of this judicial body on the issues of immediate release of the seized vessels and their crews. The author studies the issues of confiscation (of a fishing boat in cases on unlawful fishing in an exclusive economic zone), bails and material guarantees, grounds for the seizure of foreign vessels in an exclusive economic zone, procedural issues regarding admissibility of claims for the International Tribunal for the Law of the Sea (namely,  presence of a real connection between a vessel and a protecting state, the need to exhaust the local legal remedies, presence of sufficient evidence).
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