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. > Ethics > Legal information
Journals in science databases
About the Journal

MAIN PAGE > Journal "International Law" > Rubric "International courts"
International courts
Bondarenko I.I. - Comprising elements and criteria of expropriation and exceptional cases of finding expropriation to be lawful in the practice of international arbitration pp. 38-46

DOI:
10.7256/2306-9899.2016.2.19080

Abstract: The subject of this research is the norms of international law that regulate the issues of lawfulness of state actions that result in compulsory seizing of investor’s property. The goal of the work is to characterize the legal phenomenon of expropriation and determine its mandatory criteria. A special attention is given to the examination of exceptional cases, in which expropriation is found to be lawful. The author has personally translated the used sources of international expropriation law. The legal complexity of determining expropriation (expropriation measures) consists in the fact that there is no codified or otherwise unified document that establishes the rights and obligation of the state and foreign investor. In resolution of investment disputes, the international arbitrations individually characterize a number of evaluation categories: substantial involvement into the rights of the investor, duration, and intent, which is the cause for collisions of legal regulation. The author’s special contribution into the research of this subject consists in a sequential and classified presentation of current trends of hearing of expropriation cases; ordering of the types of expropriation, established and acknowledged criteria for its determination, and its legality in exceptional cases.
Romanov R.V. - Reasonable doubts: standard of evidence in the international criminal courts pp. 39-46

DOI:
10.7256/2306-9899.2016.4.21141

Abstract: This article is dedicated to the analysis of the “beyond a reasonable doubt” standard of evidence, as well as practice of its implementation by the institution of international criminal justice. The author present a historical overview of the stages of application of the aforementioned standard of evidence in international criminal courts and tribunals. The article raises a question on the ambiguity of the criteria, according to which a facts is considered proven beyond a reasonable doubt, and moreover, such ambiguity is present not only in the area of international law, but also national law of the states of Anglo-Saxon model of criminal procedure. The author examines the court rulings of the International Criminal Tribunal for the former Yugoslavia. The conclusion is made that the implementation of the “beyond a reasonable doubt” standard within the international criminal procedure requires a precise determination of its content, including formalization of the procedure and evidence in the rules of international courts and tribunals, as well as minimal list of elements which must be established by the court.
Savryga K.P. - International criminal responsibility of the staff members of private military and security organizations pp. 52-64

DOI:
10.7256/2306-9899.2015.1.14106

Abstract: This article reviews the international criminal responsibility of private military and security organizations. It offers examples and presents types of international criminal responsibility of such subjects. The author claims that they are much more likely to commit an international crime than regular military personnel. This article reviews not only the question of responsibility of the front line staff of the private military and security companies, but also management, which can directly organize or be an accessory to a crime, or abet the criminal activity of their staff members. The issue of the responsibility of the management and front line staff members, as well as the various forms of their possible complicity in commission of international crimes will be examined. Analyzing the practice of International Criminal Tribunals of the former Yugoslavia and Rwanda, as well as the practice of the International Criminal Court, the author comes to a conclusion that the staff of the private military and security companies carries international criminal responsibility on the regular basis. In addition to that, representing a legal entity as an employer does not protect its principal or the management from international criminal responsibility not only in the cases of direct involvement into a crime, but also abetment and participation in a joint criminal enterprise.
Fedorchenko A.A. - Application of the international human rights law to the participants of the international criminal trial. pp. 64-72

DOI:
10.7256/2306-9899.2014.2.11703

Abstract: The author evaluates the issue of application of international human rights law to the participants of the international criminal process in the ad hoc tribunals and the International Criminal Court. The author evaluates the documents, such as the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, the European Convention on Human Rights. The author also evaluates the judicial practice supporting application of international human rights law in the international criminal process. The author considers that the international criminal courts themselves are to an extent human rights bodies, formed for the guarantees of human rights, since their statutes directly criminalize the acts, such as genocide.  As a result, application of international human rights law to the participants of the international criminal proceedings is viable.  Additionally, he notes that the statutes of the international criminal courts refer to the international human rights law. The author provides examples of judicial practice showing applicability of the general human rights law both to the procedural and material issues in the case.  
Kalamkaryan R.A. - Involvement of the Russian Federation in the activities of the International Court of Justice in the sphere of guarantees of international law and order. pp. 85-118

DOI:
10.7256/2306-9899.2013.2.691

Abstract: The article shows the value of involvement of the Russian Federation in the activities of the International Court of Justice in the sphere of guarantees of international law and order. The article includes the historic analysis of the institution of a universal judicial body. The author studies the characteristics of this judicial body, which make it the most influential element within the system of maintaining the legal order and compliance with the international law. The author compares it with the arbitration. He evaluates the importance  of the international legal dispute regulation by an independent international judicial bodies. The author also describes the potential of greater role for the ICJ, and acts of states in the ICJ as reflecting  the principle of supremacy of law. The author also analyzes some aspects of judicial procedure, definitions of rule of law and universal legal order, as well as the key elements and characteristic features of the universal legal order. 
Fedorchenko A.A. - Law of the International Criminal Tribunals. pp. 87-103

DOI:
10.7256/2306-9899.2014.1.11639

Abstract: The international criminal tribunals form a unique type of international judicial institutions.  They were formed in accordance with the Resolutions of the Security Council of the UN, they should have formulated their procedural norms themselves, and they also had to choose applicable law for their cases independently.  The author considers that the international criminal tribunals apply the sources of law, which are not directly provided for them.  However, this is not abuse of law.  Active use of implied and inalienable competences is typical for international judicial institutions, since the founding documents for these bodies and their inner procedural documents usually contain general provisions on their procedure, and basic rights of participants of such proceedings.  That is why, the international criminal tribunals have formed and keep forming their own internal law, and they choose the sources of applicable law according to the methods formed in other international courts.
Goryan E.V., Netrusov Yu.Yu. - Representation of state interests in the International Court of Justice: procedural aspects pp. 87-102

DOI:
10.7256/2306-9899.2015.4.16226

Abstract: The subject of this research is the aspects of the procedural protection of state interests in the International Court of Justice and the role of lawyers in the legal process. The article examines the role of advocacy in the resolution of international disputes at the international courts; requirements for individuals that represent states in the International Court of Justice; key aspects of written and oral proceeding in the International Court of Justice. The authors point out the necessity to prepare future specialists in the area of international law with emphasis on the practical application of the acquired knowledge. In order to effectively represent the state interests in the International Court of Justice, it is necessary to consider the procedural peculiarities aimed at comprehensive, objective examination of the positions of the parties involved in the case. The state must have a fundamental approach towards preparation of their specialists, take into account the scientific and professional potential, as well as the practical experience of the individuals called to represent the state in the international judicial and arbitration institutions.
Shinkaretskaya G.G. - International courts and the development of international law. pp. 141-167

DOI:
10.7256/2306-9899.2014.4.11642

Abstract: The author studies the issues of participation of international courts in the development of international law. The author studies this issue from the standpoint of the judicial practice of various international courts. Within the framework of this issue the author also studies the scientific doctrine. The author considers that via formation of precedents or by participating in the codification of decisions the international judicial institutions take part in the general process of development of the international law. The author also singles out a novel matter in the activities of the judicial institutions - de facto delegation of law-making function to such institutions. Quite a vivid example is posed by the International Tribunal for the Former Yugoslavia, since Art. 15 of its Statute directly provides that the judges of the ICTY shall accept procedural rights for giving testimony for the pre-trial investigation, invstigation and appeal, taking testimony, protection of victims and witnesses, etc. Finally, the author singles out the specific method for participation of courts in the law-making - consultative opinions.
Fedorchenko A.A. - Current situation in the international law regarding the status of a victim of an international crime. pp. 168-182

DOI:
10.7256/2306-9899.2014.4.11701

Abstract: The author studies the issues regarding legal status of a victim in the international law.  The author studies both the univeral law and the regional (European) law. The author also studies the role of the Statutes of the international ad hoc tribunals in defining statuses and rights of victims. The author notes that at the universal level there is almost no international legal regulation of rights of victims of international crimes, and the existing regulation is mostly "soft law". The regional acts in Europe provide some regulation of this matter, and they also have limited application. The author explains these imperfections with the fact that criminal law is the sphere, where the states are unwilling to limit their sovereignties. Therefore, development of norms on rights of victims at the international level is rather slow, and it seems to be a complicated problem due to the  significant discrepancies in legal and political positions of the states.
Kalamkaryan R.A. - Role of the International Court of Justice in maintaining international legal order pp. 184-214

DOI:
10.7256/2306-9899.2013.1.690

Abstract: The article shows the role of the International Court of Justice  in maintaining of international legal order. The article includes the historic analysis of the institution of a universal judicial body. The article contains analysis of the the characteristics of this judicial body, which make it the most influential element within the system of maintaining the legal order and compliance with the international law. The author compares it with the arbitration, evaluates the nature of the international legal dispute, the principle of supremacy of law, as well as good faith and compliance with the international legal obligations within the domestic legal order. The article includes analysis of various characteristic features of the ICJ as an international judicial body in comparison with the national judicial bodies of the states. The author also analyzes some aspects of judicial procedure, definitions of rule of law and universal legal order, as well as the key elements and characteristic features of the universal legal order.
Fedorchenko A.A. - Participation of a victim as a claimant or an accuser in the international criminal process. pp. 227-248

DOI:
10.7256/2306-9899.2014.3.11702

Abstract: The article concerns the issue of participation of a victim in the international criminal process as a claimant or an accuser, taking an example of the judicial proceedings of the International Criminal Court and international ad hoc tribunals. The author studies the issues of participation of victims in the International Criminal Court, specific features of their participation at the various stages of international criminal process, possible forms of their participation in the international criminal process, obligations of the Secretariat of the ICC in guaranteeing participation of a victim in a process, participation of victims in the proceedings in the international criminal ad hoc tribunals. The author also evaluates specific issues regarding complicated character of participation in the international criminal process (for example, large number of victims), problems of lack of wish of the victims of crimes to take part in a public hearings. The author makes a conclusion that participation of a victim in the international criminal process is organized with the various provisions of the ICC Charter, so that the Prosecutor would not ignore their interests in his activities, and also so that the right for compensation would not become meaningless. Nevertheless, the author points out the weakinesses of these provisions regarding participation of a victim at some stages of the international criminal process.
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.
"History Illustrated" Website