DOI: 10.7256/2454-0633.2015.1.11868

Abstract:

DOI: 10.7256/2454-0633.2014.4.11597

Abstract:

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.

DOI: 10.7256/2454-0633.2014.3.11598

Abstract:

DOI: 10.7256/2306-9899.2014.2.11640

Abstract: The article contains analysis of the capabilities of the state or its courts for challenging the acts of international organizations. If the interests of the state as such are violated, it uses organs of an organization or international judicial procedures. The tendency for challenging the activities of such an organization in the national court in cases, when the rights of citizens or legal entities are violated, is developing. However, the principle of immunity often precludes such challenges. The author draws a conclusion that the attitude of national courts towards the acts of international organizations generally does not depend upon the attitude of state towards introduction of the international law into its legal system. The national courts generally recognize authonomy of the two systems, and sometimes they apply the same approach to the international law and to the application of foreign law.  National courts have not yet developed an unified approach towards the immunity of the international organization and the need to take it into account  when challenging the decisions of such an organization. The following approach is noted: while the request for review of the act of the international organization is not the same matter with the claim to this organization, where the immunity should apply at the full scale, still immunity should be considered.  Nevertheless, there is recognition for the fact that formally following the idea of immunity may lead to negative consequences to the people searching for justice.

DOI: 10.7256/2454-0633.2014.2.11599

Abstract:

DOI: 10.7256/2454-0633.2014.1.11593

Abstract:

DOI: 10.7256/2306-9899.2014.1.11600

Abstract: The article concerns participation of the Russian Federation in the international organizations.  The author states that currently no regional organization to which Russia is a party, shows real moves towards real integration, not to mention supranationality.  The Eurasian Economic Community has not became an economic integration organization. It is prevented by constant disagreements among its participants and lack of respect to law, including the decisions of the EurAsEC itself.  As for the Customs Union, its executive bodies are scrupulously watched by the Member States and they do not play a role of an independent functional body serving solely the interests of an international organization.  The Shanghai Cooperation Organization has the most freedom, the forms of interaction among the bodies are not defined, there is no formal co-subordination, so each of them  is a small independent body for the institutional cooperation.  The decisions in all of the SCO bodies are made based upon consensus.  It means that each of the decisions is by its nature an international treaty.  The similar procedure exists in Collective Security Treaty Organization. Real legal regulation exists in the World Trade Organization, and Russia being a participant of this organization, is bound by the clearly formulated norms and rules which are agreed upon by all other participants. Participation in the WTO may not be simple for Russia, since the complicated dispute resolution procedures shall require high qualification of lawyers serving the interests of Russia.

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