Law and Politics - rubric XXI century International law

Abstract: This article is devoted to the issues, regulating leasing in the sources of international law, especially regarding air vehicle lease). The author studies conclusion of leasing contracts, rights and obligations of the parties, protection of rights of parties. The author also analyzes the sources of international law, which have to do with international payment and accounting in the sphere of leasing. Meanwhile the author comes to a conclusion that there is a large base of universal and regional sources of international law in the sphere of leasing (including aviation leasing)

Keywords: jurisprudence, law, source, leasing, contract, international, aviation, the EU, the CIS, universal

Abstract: Specific features of international legal guarantees in sea and river law, are due to the fact that they provide for the norms for possible behavior of the states in international marine territories. In order to achieve these guarantees, there are also additional measures, that is, guarantees for cooperation and protection in both national and international law, which are in fact specific measures and conditions for ensuring application of key contractual obligations of these states due to their activities in the World Ocean. Keywords: jurisprudence, convention, obligations, performance, guarantees, cooperation, protection, contents, rights, interests

Abstract: The article is devoted to analysis of the problem of mutual influence of internal and foreign policy of the states on development and implementation of international criminal law. The author also points out the need for interdisciplinary studies on the issues of implementation of the norms of international criminal law into the national legislations. The author analyzes the process of development of the information search system on implementation of international criminal law, which is established by the Human Rights Center of Nottingham University, and by the Institute of Systems and Databases of the same University within the project supported by the ICC with financial and organizational support of the Ministry of Foreign and Internal Affairs of Switzerland, and the Ministry of the Foreign Affairs and International Trade of Canada. Keywords: jurisprudence, international, criminal, implementation, globalization, politics, security, statute, realization, sovereignty

Abstract: The main report of the international scientific conference "Post-Soviet Statehood: problems of development" "State-legal construction in the post-Soviet period: achievements and difficulties" was presented by Prof. L.S. Mamut (IGP RAS). The text of the report is published in this issue of the journal.

Abstract: On October 18-19, 2007, St. Petersburg State University hosted a representative scientific conference with the participation of leading Russian international lawyers dedicated to the 75th anniversary of the world-famous scientist, Doctor of Law, Professor of the Department of International Law of the Faculty of Law of St. Petersburg State University L.N. Galenskaya. An overview of this conference is presented in the article by I.Z. Farkhutdinov.

Abstract: Introduction of the norm, prohibiting the abuse of international judicial process could be the novel feature, which if introduced into the international judicial process, may influence the material international law as well.

Keywords: jurisprudence, abuse of right, judicial hearing, abuse of legal process, claim, dispositive nature of law, marine law, international disputes, international justice, peaceful settlement of international disputes

Abstract: The article is devoted to the issue of exclusion from the competence of the international judicial bodies of the cases, which have to do with the domestic competence of the state, taking as an example the ICJ and the PCIJ.

Keywords: jurisprudence, international law, international justice, international court institutions, peaceful settlement of international disputes, ICJ, PCIJ, international disputes, judicial means, judicial hearing

Abstract: The article includes general characteristics and comparative analysis of the activities of international organizations on insurance of foreign investments from the political risks. Except the activities of the MIGA, the author takes into account the regional organizations, which insure foreign investments, such as, AIECGC and ICIEC, of which little is known in the Russian legal literature.

Keywords: jurisprudence, insurance, investments, subrogation, guarantees, compensation, risks, expropriation, MIGA, nationalization

Abstract: In this article the author views confiscation as one of the efficient means of fighting crime, analyzes nature and types of confiscation, practice of particular states on implementation of provisions of international agreements and acts of the EU, related to confiscation of property, which was gained by crime. Considering the difficulties of proving the link between crime and income, the author pays much attention to the possibilities of use of presumption of criminal nature of property, which is due to be confiscated, and use of benefits of confiscations without the charge, taking into account the practice of ECHR.

Keywords: jurisprudence, confiscation, confiscation of the object of crime, confiscation of income, gained by crime, criminal confiscation, property confiscation, cost confiscation, presumption of criminal origin of property, confiscation without charge

Abstract: The European Convention for the Protection of Human Rights and Basic Freedoms is part of a Russian legal system. During the years of the work of the European Court of Human Rights there formed a system of standards regarding the issues of assigning and application of imprisonment. These standards regard motivation, and grounds for such decision, due procedure, responsibilities of the state bodies while dealing with this matter and holding a person imprisoned. The Russian law-enforcement bodies should know these principles and apply them in their activities.

Keywords: Yurisprudentsiya, Evropeiskii sud po pravam cheloveka, zaklyuchenie pod strazhu, pretsedent, Evropeiskaya konventsiya, ugolovnyi protsess, sudebnoe zasedanie

Abstract: Modern international law includes a number of legal means to guarantee international obligations of states. These means are within a systemic connection with each other, and this fact in turn facilitates implementation of these obligation. This is typical for international legal guarantees and the institution of responsibility. In spite of their conceptual differences, they have much in common for the purpose of achievement of positive result in practical guarantees of international agreement norms.

Keywords: Yurisprudentsiya, pravo, mezhdunarodnoe pravo, mezhdunarodno-pravovye normy, sredstva, obespechenie, mezhdunarodnye garantii, pravootnosheniya

DOI: 10.7256/2454-0706.2019.1.28700

Abstract: The subject of this article is the state sovereignty in the conditions of crisis of the modern system of international relations. The object is the social relations emerging as a result of realization of their sovereignty the states. Special attention is given to the historical-legal analysis of establishment of the term “state sovereignty” (from the works of Jean Bodin to the works modern Russian and foreign scholars), as well as the questions of the restriction of sovereignty, illustrated on the particular examples from international practice. The scientific novelty lies in the analysis of the current state and application of the concept of state sovereignty in the international law. The analysis of the questions pertinent to the restriction of sovereignty is conducted on the recent examples in the international practice (particularly Donetsk People's Republic and Lugansk People's Republic). An attempt is made to trace the evolution of representations on state sovereignty, as well as analyze the various theoretical-legal approaches towards the attributes of sovereignty. The conclusion is made that the observed erosion of the concept of state sovereignty can lead to destruction of the modern system of international relations and dilution of the concept of state. Globalization becomes one of the drivers of this process; within its framework, the sovereign state becomes “excessive”, substantiating the rapid return to the state “prior to Westphalia”.

Keywords: national sovereignty, limitation of sovereignty, internal sovereignty, external sovereignty, state sovereignty, statehood, sovereignty, popular sovereignty, UN, Westphalian system

DOI: 10.7256/2454-0706.2017.8.23801

Abstract: The subject of this article is the principle of uti possidetis, which stems from the Roman civil law and later transformed into the principle of international law. Special attention is given to the analysis of international legal assessment of the grounds for implementation of the aforementioned principle towards disintegration process of the Union of Soviet Socialist Republics (USSR). The article provides a legal analysis of the crucial aspects of Soviet legislation, as well as multilateral treaties adopted by the former Soviet republics within the framework of the Commonwealth of Independent States (CIS). The main conclusion of this work lies in the statement that upon disintegration of the Soviet Union, the international legal principle of uti possidetis has been applied for determining the borders of the former Soviet republics, which allowed transforming the previous administrative boundaries into the international borders of the newly formed independent states.

Keywords: international boundaries, CIS, disintegration of states, USSR, principles of international law, self-determination of nations, uti possidetis, territorial disputes, inviolability of boundaries, state practice

DOI: 10.7256/2454-0706.2013.6.6265

DOI: 10.7256/2454-0706.2022.6.38272

Abstract: The relevance of the study is due to the need to actively combat piracy at sea. The purpose of the scientific article is to analyze the international legal regulation of countering maritime piracy. The article examines the historical prerequisites for the formation of international legal acts, examines current international legal acts related to the issue of regulation of countering maritime piracy. The author also analyzes regional agreements that coordinate the actions of states in the field of countering maritime piracy. The object of the study is interstate relations in the field of international legal regulation of countering maritime piracy. The subject of the study is international legal acts of a universal and regional nature aimed at countering maritime piracy. The methodological foundations of the research include such general scientific methods of cognition as abstraction, analysis, generalization, as well as private scientific research methods, including: formal legal, comparative legal, historical legal, as well as the method of interpretation of legal norms. The normative and legal basis of the study is international legal acts adopted under the auspices of the UN and IMO, including resolutions of the UN General Assembly, as well as the IMO Assembly related to countering maritime piracy. The novelty of the research lies in the conclusions made by the author in the work. As a result of the conducted research, the author argues for the need to adopt a specialized international legal act. This document should reflect a unified approach in understanding the term "piracy", while regulating in detail the mechanisms that can be used by the State to combat it, as well as to a greater extent coordinate the actions of States. The article also notes the need to form regional judicial bodies, determine the order of their formation and activities by analyzing the regional level of countering piracy. The powers of these judicial bodies will include the consideration and resolution of cases related to maritime piracy.

Keywords: regional level, universal level, international agreement, convention, safety of navigation, countering piracy, pirate ship, maritime navigation, maritime law, piracy

DOI: 10.7256/2454-0706.2022.7.38249

Abstract: The article is a continuation of the presentation of the results of the study of the current state and consideration in retrospect of the existing cases of exclusion of UNESCO World Heritage sites from the World Heritage List. Focusing on the general problems of conservation of World Heritage sites, the authors extrapolate the findings to the situation in the field of conservation of the World Natural Heritage site Lake Baikal in order to develop proposals to improve the situation in the field of ensuring its protection. In particular, the problem of insufficient certainty and clarity in establishing the boundaries of World Heritage sites is noted, in order to solve which a proposal is made to consolidate the regime of World Natural heritage sites in the law "On Specially Protected Natural Territories", with the mandatory formation of a unified administration and approval of the boundaries of such a protected area by an act of the Russian Government, taking into account the requirements of the World Heritage Convention and Guidelines for the application of the Convention when they change. The problem of preserving the appearance of cultural heritage is also considered, since the issue of aesthetic perception of the lake and its immediate surroundings is considered important from the point of view of fulfilling obligations under the Convention on the Protection of World Heritage (taking into account the fact that Baikal is recognized as a World Heritage by all four criteria for assessing outstanding universal value). The lack of representation of protection of natural beauty at the national level is noted, since the current legislation does not contain tools for the protection of Baikal landscapes. Based on the results of the analysis of the world practice of excluding World Heritage sites from the List, the authors conclude that the extrapolation of the main reasons for such exclusionof Lake Baikal as a World Natural Heritage site necessitates the state to develop and make appropriate adjustments to the legislation on the protection of Lake Baikal and to the practice of its application, regardless of the relevant UNESCO events.

Keywords: legal protection, object mode, exclusion of objects, object boundaries, natural heritage, cultural heritage, world heritage site, Lake Baikal, World Heritage List, UNESCO World Heritage Site

DOI: 10.7256/2454-0706.2021.11.37042

Abstract: The subject of this research is the prospects for the development of international legal regulation of public-private partnership. The question is raised on the diminishing role of the state in regulation of international and transboundary relations in the sphere of public-private partnership. The author indicates a quite noticeable replacement of traditional regulatory processes, the key role in which is played by the states, with informal processes of international rule-making, in which the lead is taken by non-state actors. It is substantiated that the absence of international convention on public-private partnership negatively affects the regulation of relations in the sphere of public-private partnership. Leaning on the domestic and foreign scientific literature, the author outlines the vector of development of international law in the sphere of public-private partnership, as well as substantiates the need for adopting the international framework convention on public-private partnership. Analysis is conducted on the special forms of interaction between international law and national law in the sphere of public-private partnership, as well as on correlation between international law and non-legal regulators of public-private partnership. The article describes the key aspects of the content of the international framework convention on public-private partnership. The novelty of consists in establishment of the vector of development of international legal regulation of public-private partnership. Based on the “clash” of private law and public law approaches towards regulation of international investment relations, the author substantiates the comprehensive approach towards regulation of public-private partnership.

Keywords: international economic law, international investment law, framework approach, multilateral approach, international convention, cross-border relations, public-private partnership, clash of paradigms, states, international organizations

DOI: 10.7256/2454-0706.2019.6.29959

Abstract: This article is dedicated to the problem of protection of environmental rights within the practice of the European Court of Human Rights in accordance with the Article 8 of the Convention on Human Rights and Fundamental Freedoms, ensuring the right to respect of private and family life. The author reviews the practice of protection of environmental rights not only with regards to pollution, but also other types of negative impact upon the environment, including potential risks. The research analyzes the criteria of protection of environmental rights and conditions for permissibility of government’s interference within the framework of implementation of the Article 8 of the Convention on Human Rights and Fundamental Freedoms. The author examines the practice of the European Court of Human Rights in the area of application of the Article 8 of the Convention on Human Rights and Fundamental Freedoms in relation to ensuring environmental rights. The author acknowledges the possibility of its application in terms of immediate impact upon private life, family of an individual who reached a certain minimal level. The conclusions are made on permissibility of restricting environmental rights with presence of relevant legislation, legitimate purpose, necessity in a democratic society, as well as government’s positive obligations with regards to taking appropriate measures towards their factual implementation.

Keywords: protection of environmental rights, environmental rights, protection, respect, family life, private life, human rights, protection criteria, arbitrary interference, positive obligation

DOI: 10.7256/2454-0706.2022.3.37576

Abstract: The object of research of this article is interstate relations in the field of legal regulation of the use of marine genetic resources. The author presents a detailed analysis of the concept of "marine genetic resources", draws a distinction with other similar concepts used in international legal acts. The current international legal acts in this area are considered in detail, as well as the draft of an International legally binding Document on the conservation and sustainable use of marine biological diversity in areas beyond the limits of national jurisdiction. A number of problems related to the international legal regulation of the use of marine genetic resources are identified. Comparative legal analysis, formal legal, formal logical and system methods, methods of analysis and generalization were used as the main methodology of the study. The novelty of this study lies in the fact that at the moment there is no universal international legal act that would regulate the use of marine genetic resources. It is also necessary to note a small number of scientific papers, mainly by foreign authors, devoted to this topic. At the same time, such resources have found wide application in various branches of science and production. Taking into account the above, it seems relevant to conduct additional scientific research aimed at studying the international legal regime of marine genetic resources. As a result of the presented research, the analysis of the concepts of "marine genetic resources", "genetic material", "marine biological resources", "living marine resources" was carried out. A number of problems in the international legal regulation of this sphere have been identified. So, in particular, the extension of the principle of the common heritage of mankind to marine genetic resources, if it is impossible to extend this principle to the open sea, may further generate legal conflicts. The author comes to the conclusion that it is necessary to further study the international legal regime of marine genetic resources.

Keywords: UN, aquaculture, the common heritage of mankind, biopiracy, biotechnologies, marine technologies, marine genetic material, marine genetic resources, marine biological resources, marine scientific research

DOI: 10.7256/2454-0706.2024.3.43630

Abstract: Economic development is one of the main goals of states, state entities and unions. An important place in the development of the economy is to maintain and ensure competition. The legal order and forms of maintaining competition in state entities are different. At the same time, they are all aware of the high public danger of anti-competitive agreements. In this connection, the legislation of most countries and unions (organizations) provides for the prohibition of anti-competitive agreements and serious measures of prosecution for their conclusion. The aim of the work is the author's analysis of the international legal approach to the regulation of liability and prosecution of persons (both legal and physical) for the conclusion and participation in anti-competitive agreements. In this work, the methods of logical and analytical analysis of the legislation of countries, international organizations and unions were used. According to the results of the study, it can be concluded that the importance (and hence the danger of cartels) of combating anti-competitive agreements is understood in most countries with leading economies. This danger is recognized both at the level of the state itself and at the level of state unions and organizations. The international community pays great attention to the issue of competition. The competition law of developed countries and international organizations in which they are composed is a developed system of effective regulation. In order to optimize the interaction of law enforcement agencies and agencies involved in the fight against cartels, it is necessary to create common information bases, regulate the exchange of documents and information. In our opinion, it seems necessary to develop and implement the institute of joint activities by foreign agencies.

Keywords: law enforcement, antitrust, international law, foreign law, criminal liability, liability, competition, collusion, anticompetitive agreement, cartel

DOI: 10.7256/2454-0706.2014.1.9569

DOI: 10.7256/2454-0706.2020.4.32293

Abstract: The subject of this research is the norms of international legal acts, legislations of the EU member-states, decisions of foreign national courts, as well as decisions of the European Court on Human Rights and European Court of Justice. A hypothesis is advanced that within the framework of the European arrest warrant there are new trends associated namely with the desire to strengthen the system of protection of rights of the extradited individuals, which can negatively affect functionality of the procedure as a whole. Thus, a number of cases of the national courts (for example Artur Celmer case) and Court of the European Union (Pál Aranyosi and Robert Căldăraru case), as well as provisions of the constitutional courts lead to the fact that the principle of mutual recognition of court decision is used with caution. The article examines the case law of national courts of the EU member-states, as well as practice of the European Court of Justice and European arrest warrant. The author compared the decisions of the aforementioned courts for confirming the hypothesis that the protection of extradited individuals plays a significant role in the context of operation of the European arrest warrant. The intention to provide legal guarantees to individuals extradited in the context of the European arrest warrant, which loses its main influence; particularly the procedure is interrupted due to absence of guarantees of protection of rights in case of extradition, as well as raises doubt towards judicial systems and their decisions of some EU member-states brought forth by political actions of these countries. Moreover, protection of rights and guarantee of fair trial increases.

Keywords: Germany, Extradition, Brexit, Court of Justice, Mutual Trust, Human Rights, European Arrest Warrant, United Kingdom, The European Union, Fair Trial

DOI: 10.7256/2454-0706.2014.1.52136

Abstract: Various states use the services of private military and security companies during armed conflicts and occupations in order to perform tasks that were previously considered as a privilege of the military. However, as well as the military personnel, the employees of private military companies are able to commit unlawful acts in violation of international law. In this article, the author studied the legal regime of responsibility and commitment, the subject of which is the receiving State and the home State (place of incorporation). The author concludes that despite the fact that they do not enter directly into agreements with private military companies, and cannot be directly responsible for committing military crimes or other serious violations of international law, they shall have a duty to comply with due diligence obligations in respect with the norms of international humanitarian law, neutrality laws and international human rights law.

Keywords: State of incorporation, home State, neutrality, military crimes, human rights law, international humanitarian law, the responsibility of the state, private military companies, international legal responsibility and host State.

DOI: 10.7256/2454-0706.2022.4.37295

Abstract: The article refers to the prominent role of the International Criminal Court as an organ of international justice. The author emphasizes the defining role of the Statute of the International Criminal Court as a document in which the legal foundations of activity are formulated and the basic procedural rules that guide the Court in its practice are developed. The importance of the Regulations in the implementation of procedural actions, which are reduced to a detailed and in-depth proof of certain facts submitted to the court, is shown. The methodological basis of the study is a normative, comprehensive, systematic approach to the analysis of the rule of law established by the constituent documents of the International Criminal Court. It is indicated that the constituent documents of the international judicial institution provide, among other things, detailed regulation of the presentation and evaluation of evidence. The author pays special attention to the fact that the provision and evaluation of evidence in the International Criminal Court should be organized in such a way as to provide an opportunity to render a judicial verdict impartially and taking into account all information on the legal grounds under consideration. The article examines certain procedural norms of the Rome Statute and the Rules of the International Criminal Court. The significant role of the Rules of Procedure and Evidence, which are a key tool for the application of the Rome Statute of the International Criminal Court, is shown.

Keywords: criminal charges, international judicial institutions, international process, international judicial proceedings, evaluation of evidence, obtaining evidence, rules of proof, The Rome Statute, International Criminal Court, international procedural law

DOI: 10.7256/2454-0706.2014.1.9062

DOI: 10.7256/2454-0706.2014.1.52137

Abstract: Coercion in the international law has its own characteristics, primarily predetermined by the nature of interstate relations and by methods of their regulation. If there is not any centralized apparatus of coercion, it is executed in a decentralized way (individually) – by the states, through the mechanism of countermeasures, and in a centralized way (collectively) – by using the institutional mechanism of international organizations through international legal sanctions. The use of international sanctions belongs to the most complex and significant issues of modern international law. This is due to a number of serious problems occurring in the process of implementing the international sanctions regimes, the existence of which is the main reason for critical comments on their effectiveness. The present article examines the modification of sanction regimes imposed by resolutions of the Security Council of the United Nations Organization within the implementation of the concept of targeted sanctions. The necessity of the further reforming of international sanctions is substantiated as coercive measures applied by means of a centralized institutional mechanism of international organizations. The main tendencies of the international legal regulation of using international sanctions aimed at improving their regulatory framework and practices are determined.

Keywords: international sanctions, the Security Council resolutions, international sanctions regime, targeted sanctions, effectiveness of the international sanctions, freezing of funds, target orientation of international sanctions, forms of executing sanctions, legitimacy of the international sanctions and embargo.

DOI: 10.7256/2454-0706.2023.3.40457

Abstract: The object of the research is interstate relations arising within the framework of ensuring the human right to a fair trial. The subject of the research is universal and regional international legal acts in the field of human rights protection, as well as domestic acts. Using the example of national constitutions and criminal procedure codes (acts), the features of the implementation of the right to a fair trial in the internal acts of individual States are considered. Within the framework of a comparative legal analysis of the provisions of international and domestic acts, it is revealed to what extent individual countries implement the provisions of international treaties to which they are parties to consolidate the right to a fair trial. The main conclusion of the research is to determine the options for securing the right to a fair trial in the internal acts of States (by establishing its constituent elements; indirectly; in a general manner, without subject fixation). The influence of international legal norms on domestic acts in terms of unification of national legal regulation in the issue of securing the right to a fair trial is determined. The novelty of the research lies in the substantive analysis of the implementation of the provisions of international treaties in terms of the right to a fair trial by individual States within the framework of constitutions and criminal procedure codes (acts).

Keywords: domestic acts, international legal acts, ratio, implementation, criminal proceedings, fair trial, protection of human rights, human rights, constitutions, criminal procedure codes

DOI: 10.7256/2454-0706.2020.7.33497

Abstract: This article analyzes the investment legislation of the Russian Federation and the United States. The subject of this research is the specific normative legal acts regulating direct foreign investments in the indicated countries, while the object is the relations emerging in the process of foreign investment activity. The author provides the examples of various factors in the area of foreign investment for the purpose of their comparison and determination of specificity of their practical implementation. The reference to doctrinal sources allowed to clearer explain the author’s position of the topic. The scientific novelty and relevance of this work are substantiated by examination of investment activity, which greatly impacts the economy of modern countries. The author’s special contribution lies in studying the experience of U. S. legislation with regards to direct foreign investments. The main conclusion consists in the fact that both jurisdictions have a well-developed mechanism for regulating investment relations, as well as both countries feature a number of restrictions that can face a foreign investor. The need for improvement of Russian legislation is underlined. The acquired results can be used in legislative and expert activity, as well as in further theoretical-legal research.

Keywords: national regulation, investment law, US law, Russian law, investment activity, foreign investor, foreign investment, foreign direct investment, investment, legal regulation of investment

DOI: 10.7256/2454-0706.2017.3.22161

Abstract: This article provides brief information on discussion of the modern issued of the criminal and medical law in Poland, taking into account the experience of other stated in regulation of responsibility of the physicians, trends of implementation of the norms of international, European, and foreign legislation into the Polish national legislation. The work covers the assessment of lawmaking decisions in the field of human rights, primarily protection of women’s right who undergone domestic or other type of violence, or faced the rejection in providing the medical aid and services. The author presents the data on peculiarities and achievements in the medical and criminal laws of Germany, United States, Switzerland, France, and other states, which could be used for the purpose of improving the Polish legislation in order for it to meet the European and international standards, as well as for combatting corruption and other negative phenomena. The article also highlights the position of Polish juridical science and practice with regards to human trafficking or hate crimes. Characteristic is given to the attitude of the Polish medical legal experts and human rights advocates towards the decision of the Constitutional Tribunal of Poland pertaining to the conscience clause, lawmaking initiatives, and separate legislative acts, which were submitted for consideration of the Sejm.

Keywords: Legal education, Law, Euthanasia, Medicine, Conscience clause, Crime, Right, Patient, Physician, Abortion

DOI: 10.7256/2454-0706.2015.1.13440

DOI: 10.7256/2454-0706.2015.1.52350

Abstract: This article analyzes the Announcement of the U.S. Commerce Department’s National Telecommunications and Information Administration (from March 14, 2014) about the intentions of the USA Government to pass the governance of the implementation of the functions of the IANA to the ‘global multistakeholders; the outcome documents of the NETMundial Global Multistakeholder Meeting on the Future of Internet Governance (April 2014, São Paulo, Brazil), and also the Panel on Global Internet Cooperation and Governance Mechanisms (May 2014). In the author's opinion, the implementation of suggestions and measures, specified by the enumerated documents, can radically change the governance of the technological infrastructure of the Internet, and have a substantial influence on the internationalization of the transborder Internet governance. Now it is fundamentally important to discuss the ecosystem of Internet governance, the highlevel structure of which is outlined in the summary documents produced by the NET-Mundial 2014, where the principles of Internet governance and the roadmap of the future evolution of the ecosystem of Internet governance was formulated.

Keywords: Internet, International Assigned Numbers Authority, the functions of the IANA, Internet governance, multistakeholder participation, stakeholders, NET-Mundial, Panel, global Internet cooperation, Internet governance mechanisms.

DOI: 10.7256/2454-0706.2020.5.32923

Abstract: This article analyses the multistakeholder model in the Internet governance, as well as its definition on the international level and within the doctrine. The goal consists in determining the importance and the role of participation of multiple stakeholders in the context of Internet governance, and its correlation to the interstate approach in international law. The multistakeholder model is predominantly examined as participation of the subjects of international law and private entities in Internet governance. The subject of the research is the provisions of the outcome documents of the World Summit on the Information Society, resolutions of the UN General Assembly and other bodies of the UN system, provisions of acts of other international organizations that are dedicated to development of public policy in the area of Internet governance, as well as doctrinal sources covering history of the question. The scientific novelty lies in determination of correlation of the participation of interested parties in Internet governance. It is noted that in the practice of Internet governance there are two clear approaches for implementation of this model: ran by states and international organizations, or one that is ran by private entities. The international legal acts reflect the former approach towards implementation of this model. In accordance with this approach, Internet governance activities consist in consultation of state with private entities, allowing private entities as observers, or creation of public-private partnerships aimed at solution of global issues. The leading role of the private sector is promoted by the United States and several other Western nations as an alternative to interstate multilateral approach, which contradicts the international legal acts, since the leading role in ICANN is delegated to private entities, rather than states.

Keywords: international intergovernmental organizations, multistakeholders, public-private partnership, Internet Governance models, soft law, address space, Internet Governance, information society, inter-State cooperation, cybersecurity

DOI: 10.7256/2454-0706.2013.1.51905

Abstract: This article includes a brief review of one of the latest developments in the sphere of formation of approaches to the applicable law and to the formulation of the conflict of law norms in the international private law, which becomes more and more popular, which is viewing the efficiency of the conflict of laws norms from the economic point of view. At the same time none of the existing concepts for defining applicable law uses economic efficiency of the conflict of laws norm as a key principle for the approach towards the applicable law. The article includes the system of principles for establishing the applicable law, which is based on the individual choices of participants of the relations in the sphere of private law with a foreign element in order to maximize their benefits as well as the global benefits. In spite of the novel developments and ideas in the sphere of approaches towards the applicable law, the author comes to a conclusion that it will not be possible to leave the classical approaches towards the applicable laws and conflict of laws.

Keywords: jurisprudence, international private law, approach, efficiency of conflict of laws norms, efficiency criterion, economic criterion, prosperity, conflict of laws norms, applicable law, establishing applicable law.

DOI: 10.7256/2454-0706.2016.1.17110

Abstract: The subject of this research is the formation of the human rights dimension of the global transition towards sustainable development. The author thoroughly follows the evolution of recognition of the significance of human rights for sustainable development within international documents of strategic nature and international multilateral treaties. Great attention is given to the analysis of the principle of the depth of sustainable development and the imperative character of inclusion of all people without exception. Among the main conclusions of this research is the substantiation of the position that human rights cannot be united only with the social dimension of sustainable development, since they penetrate all aspects of the latter. The scientific novelty consist in the substantiated conclusion with the regards to formation of the fourth dimension of sustainable development, such as support of cultural diversity, which also in turn involves the human rights and liberties in the area of culture into the human rights foundation of sustainable development.

DOI: 10.7256/2454-0706.2016.1.52575

Keywords: right to development, international cooperation, globalization, international law, human rights, sustainable development, culture, future generations, goals of development, involvement

DOI: 10.7256/2454-0706.2020.9.33898

Abstract: We are witnessing a formation of the new institution of recognition, which can be referred to as the “official recognition of facts”. Such seemingly different political themes as annexation of Crimea by the Russian Federation, the “Skripal Case”, or the status of the Golan Heights have an important common parameter – each of them has become an object of recognition by at least one country. Examination of the causal links that conduce certain countries to issuing the acts of recognition of long-past events or territorial changes are of considerable scientific and practical interest. Recognition of facts by the state is of paramount importance, as it[WU1] is documented and reflects stance on a specific event, fact, or occurrence. Recognition ensures legitimacy for further actions of the state and initiates a chain of related political and legal events, including sanctions. Over the recent years, recognition of facts by the countries has become more frequent, and virtually becomes a means of political manipulation. Classification of the facts and events that have most often been the subject of recognition allows determining the common trends in the procedure of recognition, as well as the factors that prompt the country to resort to such step. Thus, at times strange and illogical actions of the state associated with the official recognition or non-recognition of the fact acquire a specific political and legal meaning, and allow analyzing the new strategic vectors in intergovernmental relations.

Keywords: elections, Golan Heights, Crimea, international law, sanctions, genocide, interference, states, recognition, terrorist organisations

DOI: 10.7256/2454-0706.2016.2.17656

Abstract: The subject of this research is the features of implementation of the key idea of the concept of sustainable development within international law – integration of economic development and protection of the environment. The work presents such aspects of the topic as correlation of the right of states to development with the need to consider the interests of environmental protection, and anthropocentrism of the concept of sustainable development. The author carefully examines the elements of sustainable development within the norms of international law of various branches and establishes the lack of state responsibility to ensure the integration of economic and environmental interests during the course of exercising their right to development. The author’s contribution to the research of this topic is the systemic examination of international instruments in the area of sustainable development and determination of factors of political legal nature, which impede the realization of ideas for sustainable development on the international law level. The author notes that the disagreement between the concept and how it is implemented within international law plays an important role in achieving a balance between two competing components of sustainable development. The article explores the possible ways of bringing together the main idea of the concept and its international legal content.

DOI: 10.7256/2454-0706.2016.2.52590

Keywords: anthropocentrism, environmental protection, international agreements, national sovereignty, Rio-de-Janeiro Declaration, economic development, international law, concept of sustainable development, human rights, prospects of sustainable development

DOI: 10.7256/2454-0706.2015.3.11524

Abstract: The main goal of this research is to devise a definition and determine the qualifying criteria of the elements of international crimes that are a byproduct of international legal norms (international agreements) and the status of the International Criminal Court. The actual topic of “legal definition of the qualifying criteria of the elements of an international crime within international criminal law” gained theoretical and practical importance from the very moment that the International Criminal Court was established and began its functioning. The author comes to the conclusion that a party can be held responsible for committing an international crime under the international criminal law only with the existence of the qualifying criteria of the elements of international crime that corresponds with the requirements of the International Criminal Court and other international legal norms that regulate the responsibility for the committed international crime.

Keywords: International Criminal Court, international crime, international criminal law, qualifying criteria, complicity, private party, guilt, motive, criminal intent, causation

DOI: 10.7256/2454-0706.2015.3.52380

Keywords: International Criminal Court, international crime, international criminal law, qualifying criteria, complicity, private party, guilt, motive, criminal intent, causation

DOI: 10.7256/2454-0706.2013.3.51938

Abstract: The article is devoted to the issues regarding the UN membership and the status of the UN observer. The author then expresses an idea on the possible provision of membership for the integration formations and other subjects of international law, who possess partial sovereignty. This idea is supported by the example of the EU membership in the Food and Agriculture Organization of the UN. The author offers to amend the Chapter 2 of the UN Charter.

Keywords: jurisprudence, international law, the UN, the FAO, the EU, membership, integration formations, integration organizations, state, the Charter.

DOI: 10.7256/2454-0706.2015.3.14608

Abstract: In this article standards of international law on health issues are analyzed. The author presents the link between international standards and national legal systems. It is concluded that there are several levels of international human rights standards in the area of health and medical care, specifically the minimal standards (International Labor Organization Convention No. 102) and higher standards (for instance, the European Code of Social Security of 1968). Examples are given on the minimal measures undertaken in providing medical care, as well as expanded lists of medical services offered for the states that have the economic and organizational capabilities to provie them. The research is based on a systematic method, which allowed the author to analyze and identify the relations between the international laws governing the issues of medical and pharmaceutical assistance. As a result of the research on various types of international norms (e.g. acts of international organizations and intergovernmental organizations, and international agreements) the author reveals the correlation between medical and pharmaceutical assistance, whereas the appropriate supply of necessary medicines is an integral part of healthcare. It is emphasized that only if such provision is made on a free basis one can talk about the provision of pharmaceutical care on the social security basis.The author draws the conclusion that the closest international and legal cooperation in the sphere of healthcare regulation is developing within the Commonwealth of Independent States. The examples of international acts authorized by the Russian Federation are introduced, and its influence on the existing national and legal system is demonstrated. The analysis made allows the author to conclude that to date, the Russian Federation has authorized a rather small number of international acts on healthcare, and thus does not encourage the improvement of this system.

Keywords: standards, national systems, social security law, International cooperation, public healthcare, medication supply, medical care, medications, rare diseases, medication accessibility

DOI: 10.7256/2454-0706.2015.3.52381

Keywords: standards, national systems, social security law, International cooperation, public healthcare, medication supply, medical care, medications, rare diseases, medication accessibility

DOI: 10.7256/2454-0706.2013.3.51939

Abstract: The article is devoted to the international legal guarantees of the rights of indigenous peoples for the access to lands and territories of their habitual dwelling and to the natural resources. The access to land and resources is of key value for the survival and national identity of the indigenous peoples. The article includes analysis of the international acts, which enshrine this right of indigenous people, as well as of the Russian legislation in the sphere of guarantees of rights of the native minorities of the North, Siberia and the Far East. The author comes to the conclusion that there is need to provide for the guarantees of priority access of the indigenous peoples to the lands and natural resources at the place of their dwelling in order to provide due respect and protection of their rights for subsistence, employment and dignified human existence.

Keywords: jurisprudence, indigenous peoples, native peoples, indigenous small-numbered peoples of the North, Siberia and Far East of the Russian Federation, access to land, access to natural resources, traditional use of nature, environmental rights, environmental protection

DOI: 10.7256/2454-0706.2016.3.18228

Abstract: Based on the results of the 20-year work of the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) it became evident that the current order of formation of the Appellate Body of the WTO does not allow the DSB of the WTO to examine the incoming complaints within a set amount of time. In this article, the author carefully examines such issues as the main problems within the work, and the need for reforms in the current mechanism of the functionality of the Appellate Body of the WTO, which is called to improve the efficiency of the work of the DSB of the WTO. An analysis is conducted on various proposals expressed by the member-states, with highlights of their main concerns related to possible changes. The main result of the conducted analysis is the conclusion that the current system of dispute settlements in the WTO needs an immediate step-by-step reform. The initial measure can be the increase of the body of members of the Appellate Body of the WTO. Such measure would be capable of improving the process of addressing the complaints and expand the throughput of the DSB of the WTO.

Keywords: World Trade Organization, DSB of the WTO, WTO Appellate Body, WTO arbitration panels, International trade disputes, DSB reform, Mechanism of dispute settlement, System of dispute settlement , GATT, WTO member-states

DOI: 10.7256/2454-0706.2016.3.52604

DOI: 10.7256/2454-0706.2014.4.11614

DOI: 10.7256/2454-0706.2014.4.52178

Abstract: The article concerns the problems of implementation of the international standards in the sphere of international criminal justice, which may form the basis for the concept of formation of the international criminal penal (penitentiary) law. The object of studies includes the system of relations, providing for the formation of a new branch of international law - international criminal penal (penitentiary) law. The immediate object of studies is the combination of international norms, regulating the treatment of convicts, conditions and guarantees of their rights, as well as implementation of the punishments based upon the decisions of the International Criminal Court. The methodological basis for the study is formed with the dialectic method of cognition with the use of principles of development, integrity and systemic character. The work involved general scientific and special legal methods: comparative, systemic-structural, theoretical-methodological, etc. It should also be stated that there were prior studies in Russian and foreign international law in this sphere, however, there were no sufficient in-depth studies. At the same time the issue of the concept of formation of the international criminal penal (penitentiary) law is important in both theoretical and practical dimensions from the moment when the International Criminal Court was founded. Specific features of implementation of international standards in the sphere of international criminal justice and implementation of criminal punishments, as it is stated in the Statute of the International Criminal Court presupposes their top priority both in the scientific field and in the sphere of practice of modern international law in order to guarantee formation and development of the new branch of law - international criminal penal (penitentiary) law.

Keywords: Penitentiary law, criminal justice, international standards, concept, rights of convicts, penitentiary sentence, penitentiary rules, justice, minimal standards, international cooperation.

DOI: 10.7256/2454-0706.2014.4.11507

DOI: 10.7256/2454-0706.2014.4.52179

Abstract: The forcible expropriation of foreign property and foreign investments may involve the forms of nationalization, expropriation, requisition, confiscation, etc. The author evaluates them based upon the examples from the legislations of various states as well as arbitration judicial practice. He states that both international and national law lack clear definitions of legal elements of these terms However, these terms are united by the common legal contents, which provides that a person involved in investment activities in a foreign states loses his capitals and dividends in a forceful way. In the latest decades the indirect forms of nationalization and expropriation became the most dangerous forms of expropriation of property from foreign investors, since it stands for hidden, step-by-step intrusion into the proprietary title, lowering the value of an investment. Currently there is a tendency for the growth of investment disputes due to the forcible expropriation of foreign investments in the international institutional arbitration courts and the ad hoc arbitrations, when the respondents are often the Latin American states and the CIS states.

Keywords: State sovereignty, nationalization, expropriation, requisition, foreign investments, investment activity, property, political risks, investment disputes, compensation.

DOI: 10.7256/2454-0706.2014.4.11357

DOI: 10.7256/2454-0706.2014.4.52180

Abstract: The activities of private military and security companies is now one of the most dynamically growing segments of the business sphere on security guarantees. However, the largest quantity of legal issues appears, when private military and security enterprises are involved in the sphere, which is not associated with the private sector, such as peacekeeping and protection of global security. Involvement of such companies to implementation of the peacekeeping function of the UNO causes a large number of legal questions, which need to be addressed and analyzed. In the process of writing the article the author used the documents of the United Nations Organizations, compared the positions of the UN officials on the issue of involvement of private structures to implementation of the foremost important peacekeeping function of the organization. The author also analyzed various and at times contradictory opinions of the representatives of the international legal doctrine. It is obvious that since in late years there was a growing number of situation of involvement of private military and security companies in the peacemaking activities of the UN, the analysis of the legal aspects of such participation becomes more and more topical. Additionally, there is an obvious disproportion in the academic world, since the Western legal scholars actively publish their opinions on this issue, while there is almost no publications on this issue among the Russian scholars.

Keywords: International responsibility, international law, peacekeeping operations, use of force, peacekeeping, the United Nations Organization, private military companies, legal aspects, mercenaries, conflicts.

DOI: 10.7256/2454-0706.2016.4.15056

Abstract: In the modern world many nations face the serious threat of terrorism. Today, the terrorist organizations often represent a more powerful force than few decades ago, and many of them currently (for example the so-called Islamic State or ISIS) possess military capabilities comparable to some countries, which poses before the global community a question of allowance of application of the paradigm of an armed conflict to the relations on the fight with the aforementioned terrorists, as it gives the state greater freedom of using force against the enemy than the paradigm of human rights. The author studies various doctrinal approaches that characterize war on terror as the third form of armed conflict. In the end, the author concludes that the de lege lata war on terror cannot be considered an armed conflict, since for an international armed conflict the terrorist organization lacks corporate personhood, and for non-international military conflict, the violence that is caused by the terrorist organizations usually does not meet the criteria of intensity (even though there are some exceptions).

Keywords: international humanitarian law, armed conflict, international armed conflict, non-international armed conflict, law of armed conlfict, terrorism, war on terror, international law, non-state actors, state responsibility

DOI: 10.7256/2454-0706.2016.4.52618

DOI: 10.7256/2454-0706.2015.4.14841

Abstract: This article examines the functionality, institutional structure, work and main types of normative acts of CIMA. The author reviews the correlation between this organization and national insurance organizations of the African member-states, as wells as analyzes the impact of its work upon the legislation of the member-states. The author notes that this organization is a supranational regional organization, as it deeply integrates the legislation of the member-states with the supranational law developed by this organization. The article highlights the fact that the deep integrational processes that we can observe within the framework of this organization are limited only by a separate sphere of legislative cooperation between the member-states – the insurance industry.

Keywords: Inter-African Conference, insurance, unification of legislation, harmonization of legislation, integration, regionalisation, institutional structure, member states, integration processe, treaty

DOI: 10.7256/2454-0706.2015.4.52400

Abstract: The activities of the ICTY can show what judicial law-making is like. The ICTY made quite an impact on development of international humanitarian law, having adapted it to the modern armed confl icts, raising the threshold of protection of human rights.

Keywords: jurisprudence, international, criminal, tribunal, Yugoslavia, Rwanda, crime, law-making, development, law.

DOI: 10.7256/2454-0706.2015.4.14854

Abstract: The Russian law doctrine practically has no research on the statutory legislation on Private International Law (PIL) of the United States, even though this country did participate in the global processes of codification of PIL. The subject of this research is the legislative act of the State of Oregon on the choice of law to be applied towards the contractual obligations (2001, rev. 2013). This act codifies the precedent of the State of Oregon; the structure of the act reflects its “judicial orientation”, meant to serve as a guide for the judges. At the same time, the act is “scientifically oriented”, and its positions reproduce the most successful doctrinal experience of American Choice-of-Law Revolution. The authors conclude that the rules of the act are based on the synthesis of flexible choice-of-law approaches and certain norms. Oregon’s legislators were able to achieve the optimal balance between flexibility and predictability of the choice-of-law regulation of contracts.

Keywords: conflict approach, choice-of-law rules, Private International Law, the USA, Oregon, codification, contractual obligations, conflict regulation, the American choice-of-law Revolution, statutory legislation

DOI: 10.7256/2454-0706.2015.4.52401

DOI: 10.7256/2454-0706.2013.4.51961

Abstract: The article includes complex political and legal analysis of the future of the international community. In particular, the author studies three possible versions of further development, which are aimed at preservation of the existing model of international relations, further decentralization, or integration of the global state as an united political system. As a result of this study, the author comes to a conclusion on an optimal way of evolution of the global community.

Keywords: jurisprudence, international, community, globalization, state, integration, system, politics, crisis, the EU.

DOI: 10.7256/2454-0706.2013.4.51962

Abstract: More active role of the existing international judicial bodies, growth of their quantity, broadening and renewal of their functions have been especially intensive during the last 20 years. Being a consequence of a change in quality of international justice, this process catalyzes the formation of the system of international judicial bodies, which is not united, but is joined by the tendency for the universalization of the international justice and greater specialization of the international judicial bodies at the same time. The analysis of the current situation requires classification of the international judicial bodies.

Keywords: jurisprudence, classification, international, justice, institution, subjects, jurisdiction, inß uence, solution, systematization.

DOI: 10.7256/2454-0706.2016.5.14826

Abstract: This article examines the currently relevant issue of distortion of historical facts by private parties and the official representatives of states. As one of the main causes the author considers the absence within the existing international law of responsibility for the countries in general, as well as responsibility for falsification and distortion of information about the current circumstances, or those that took place in the past. For the purpose of developing the approach towards the solution of the aforementioned problem from the perspective of international law, the author examines and analyzes the positions of the separate legal acts (obligatory for execution by the participating states, recommended, and projects of such acts), as well as the norms of the Russian legislation that hold criminal and administrative responsibility for denying the facts established by the sentence of the International Military Tribunal for trial and punishment of the chief war criminals of the European countries of the axis; approval of crimes established by the same sentence; as well as spread of the intentionally false testimony about the activity of USSR during the World War II. The article conducts a legal analysis of the Russian and international legal norms that regulate responsibility for falsification and distortion of historical facts. The author comes to the conclusion that there is a pressing need for the international legal norms which not only establish the unlawfulness of the actions themselves, but also codify the international legal responsibility of the states for the corresponding illegal activity.

Keywords: Distortion of historical facts, Formation of public opinion, International legal responsibility, State, Hold responsibility, International relations, Domestic law, Falsification, Criminal responsibility, International legal violation

DOI: 10.7256/2454-0706.2016.5.52630

DOI: 10.7256/2454-0706.2016.5.18647

Abstract: The subject of this research is the relevant issues pertaining to allowable limitations to the right to justice. The author gives attention to the multifacetedness of such type of limitations that come from the dualistic nature of this right. The article expounds the specificity of various types of limitations of the right to justice. Examining the experience of the international authorities, including the practice of the European Court of Human Rights, the author determines approaches towards the analysis of the limitations of the right to justice and defines cases in which they are allowable. The author proposes classification of the limitation to the right to justice. The variable character of limitations of the right to justice allows the author to highlight three types of limitations: material legal, jurisdictional, and procedural. The author underlines that depending on the character of limitation, there are different approaches towards the assessment of correspondence of such limitation to international standards in the area of protection of human rights. The allowable limitations of the right to justice represent the balance of private and public interests which secures the accomplishment of the goal of the right in question.

Keywords: Aarhus Convention, international standards, legal aid, procedural guarantees, human rights limitations, right to justice, human rights, international law, permissible limitations, procedural limitations

DOI: 10.7256/2454-0706.2016.5.52631

DOI: 10.7256/2454-0706.2014.5.12109

DOI: 10.7256/2454-0706.2014.5.52197

Abstract: The status of the plenipotentiary member of international and intergovernmental organizations is provided solely to the states. However, as a practical matter the issue of membership of a state in the international organizations is a complicated one, since it may sometimes be disputed whether a certain subject of international law is a state, therefore, having a right to be a member of a certain organization, and there also may be a problem regarding succession and transformation of states. The author studies these issues and problems, taking examples of membership in various international organizations, first of all, the UN. The article also concerns the issues of new members entering international intergovernmental organizations. The author also studies the issues of new members entering the international intergovernmental organizations, as well as some issues of equality of rights of member states of various organizations within the institutional structures of these states. The author provides a number of curiosities from the membership history of the UN, changes in the composition of member states of the UN and termination of participation of states in the UN.

Keywords: state, intergovernmental organization, international organization, the UNO, membership, gaining membership, founding states, exclusion of a state, new members, equality in rights.

Abstract: The author analyzes two key regional systems of protection of human rights: European and Inter-American. By comparing their approaches to the issues of protection of human rights, the author singles out the problems of each of these systems, which stand in the way of more effi cient interaction of those systems with the national law. For example, in respect of the ECHR, the author mentions narrow fi nancial approach to the means of protection of human rights, the ECHR being overloaded with cases, the practice of “pilot” decisions and the tendency to violate the subsidiary principle as its problems. In respect of the inter-American Court on Human Rights the main problem is the low level of implementation of its decisions. Comparison of these regional institutions allowed the author to formulate some ideas for the improvement of the work of the ECHR. While recognizing the need to form the Russian constitutionalism as a domestic protective mechanism, the author mentions that the situation needs to be balanced by defi ning the status of the decisions of the ECHR int eh Russian legal system, introducing the procedure of their offi cial translation and publication, as well as establishing the principle of control over the implementation of the decisions against the Russian Federation. These issues may be regulated by passing a new Federal Law “On the Decisions of the European Court of Human Rights”

Keywords: jurisprudence, human rights, international, national, interaction, European, inter-American, pilot, regional.

Abstract: Unlike the national systems of law, where written law guarantees an exhaustive legal regulation of social relations, in the sphere of international life such a role is given to a customary international law. Establishment of application of international custom and the general principles of the international law provides considerable opportunities of the judicial law-making. The conclusions of the ICTY in this sphere provided much input into development of the international criminal law.

Keywords: jurisprudence, international, custom, common, principle, establishment, law-making, criminal, opinio, juris

DOI: 10.7256/2454-0706.2013.6.51996

Abstract: The present article is devoted to a burning question about responsibility for using force as a part of the institution of responsibility in international law. Over half a century the problem of responsibility has been one of the least regulated branches of law because it is closely connected with such debatable legal aspects as the problem of state sovereignty and the issues of the legitimate and non-legitimate use of force in international law. The author analyzes the grounds of such responsibility, the definition of guilt and views of different researchers on the problem of responsibility in general. It can be assumed that the problem of coding the question about responsibility can further create the problem of realization of such responsibility because this institution is at the intersection of law and politics. State responsibility for using force should be always discussed and underlined by the academic society because the development of the institution of responsibility would allow to establish order in modern international relations and reduce the frequency of illegal use of force. It would also denote the beginning of a new stage in international law development.

Keywords: Law studies, responsibility, force, right, institution, codification, state, guilt, branch, project.

DOI: 10.7256/2454-0706.2015.6.15168

Abstract: The subject of this research is the international legal regime of the seabed of the Arctic Ocean with accent on the significance of the customs in resolving pressing issues of its delimitation. The author examines the precedent of the International Court of Justice on resolution of disputes in demarcation of the continental shelf, as well as the use of the sectoral method (method of meridian lines) in demarcation of the polar territories in the Anglo-Russian Convention of 1825, Alaska Purchase (1867), USSR-USA Maritime Boundary Agreement (1990), and the 2011 agreement on delineation of the aviation and maritime search and rescue regions by the countries of the Arctic Council. The conclusion is made that the current international legal regime of the seabed of the Arctic Ocean, including the custom of sectoral division of the polar territories, would allow Russia to achieve an equitable result in delimitation of the Arctic shelf with the neighboring countries without turning to the Commission on the Limits of the Continental Shelf, based on the treaties on delimitation, avoiding disputes, unjustified territorial concessions, and ensure national interests.

Keywords: method of meridian lines, delineation of the Continental Shelf, delimitation of the Continental Shelf, Continental Shelf, International Court of Justice, international customs, Arctic Ocean, international legal regime, Commission on the Limits of the Continental Shelf, International Seabed Area

DOI: 10.7256/2454-0706.2015.6.52440

DOI: 10.7256/2454-0706.2014.6.12255

DOI: 10.7256/2454-0706.2014.6.52213

Abstract: The issues regarding application of estimate terms in the Russian legal system were rather broadly discussed in the Russian legal doctrine. Good faith, reasonability, proportionality and other terms were studied both from the general theoretical and institutional standpoints, and more specifically, within the civil law framework. The Russian civil law scholars pointed out the complications regarding application of the legal norms containing these categories, evaluating the role of judicial discretion in resolving relevant issues. At the same time the modern international law literature did not provide comprehensive analysis, moreover, the English language literature lacks the long-standing legal term for the definition of what is referred to as “estimate term” in Russian. The specific features of the method of international law (method of coordination of sovereign expressions of will) do not necessarily stand for the absence of the relevant norms, and the tendencies for the formulation of obligations within the frame international treaties, or international treaties in general, require that this phenomenon is studied at the international law level. The modern international humanitarian law contains a large amount of the so-called “estimate terms”, which were formulated in early or mid-XX century. The article involves a brief overview of the practice and problems of their application with the due regard to the modern reality, which substantiates practical value of this study.

Keywords: method of international law, international humanitarian law, humanity, reasonability, proportionality, estimate terms, Hague rules, Geneva rules, combatants, armed hostilities.

DOI: 10.7256/2454-0706.2015.6.15525

Abstract: This article examines one of the most controversial state practices currently used in the war against terrorism, namely the targeted killing. The author assesses the correspondence of this phenomenon with international humanitarian law and international law of human rights pertaining to targeted killings during military conflicts and law enforcement operations. In the first part of the research, the author reviews the law of military conflicts and analyzes the legal status of various parties and the general limitations with regards to use of force during a military conflict. In the second part of the research, in analyzing the limits of the protection of the right to life, the author underlines the requirements that should be met before taking a life. The author comes to the conclusion that the practice of targeted killing corresponds with the norms of international law, but at the same time this practice remains subject to limitations from a number of principles in international law on armed conflicts such as proportionality, military necessity, caution, as well as the regulation of the use of methods and means of warfare and international law on human rights, particularly the protection of the right to life and prohibition of intentional or willful taking of life. The author rejects the existence of any other grounds for legalization of targeted killings other than those expressed within the norms of international humanitarian law and law on human rights.

Keywords: law of armed conflicts, right to life, targeted killing, international law, international humanitarian law, law on human rights , human rights, taking of life, war on terror, combatants

DOI: 10.7256/2454-0706.2015.6.52441

Keywords: law of armed conflicts, right to life, targeted killing, international law, international humanitarian law, law on human rights, human rights, taking of life, war on terror, combatants

DOI: 10.7256/2454-0706.2015.7.15505

Abstract: The international Ukrainian crisis, which started in February of 2014, consists of several components; first of all, it is an armed conflict on the territory of a number of eastern regions of Ukraine, and secession of the Republic of Crimea from Ukraine and its subsequent annexation to the Russian Federation. This article examines the questions of possible international legal qualifications of armed conflicts on the territories of Donetsk and Luhansk regions of Ukraine, as well as the issue of possible grounds for Crimean secession from Ukraine. And finally, basing on the official point of view of Ukrainian government, we will attempt to determine which methods of legal defense Ukraine can receive within the framework of the current system of international law. As a result, the author concludes that the conflict in the southeast of Ukraine can represent an international character regardless of direct involvement of members of the Russian armed forces. As to the secession of Crimea, the author concludes that acknowledgement of the legality of its independence under the current circumstances depends on acknowledgement of the government, which is more of a political rather than legal issue. Even in the case of confirmed international armed conflict and act of aggression from the Russian Federation, the modern international law does not contain effective means of protection of the victim country.

Keywords: recognition of government, state responsibility, right to self-determination, unilateral declaration of independence, armed conflict, Crimean crisis, Armed conflict in Ukraine, Ukrainian crisis, act of aggression, international law

DOI: 10.7256/2454-0706.2015.7.52458

DOI: 10.7256/2454-0706.2014.7.12330

DOI: 10.7256/2454-0706.2014.7.52226

Abstract: The article concerns the issues of evolution of conflict of laws regulation in the international private law of Russia. The author reveals definition, structure and types of conflict of laws norms, pointing out that the definition of conflict of laws is a very important category of international private law in general. Historically, the international private law was based upon the conflict of laws norms, and from the standpoint of legal techniques these are the most complicated norms in the international private law. The totality of these norms applicable for the regulation of private law relations forms conflict of laws law. The conflict of laws norms in the international private laws are the norms of special category, reference norms having 2 specific features. Firstly, the conflict of laws norms do not directly regulate rights and obligations of the subjects of legal relations, they just include the principle based upon which one may choose the applicable law. Secondly, the effect of legal regulation with the use of conflict of laws norms is achieved in combination with the material legal norms, to which they are referring. The author provide detailed classification of types of formulae for attachment of bilateral conflict of laws rules. In the article with the assistance of comparative and formal legal methods of research the author provides detailed analysis of conflict of laws norms in the Russian legislation, as represented by the Civil Code, Family Code and Maritime Trade Code of the Russian Federation. In addition to the norms of national Russian legislation the author provides conflict of laws norms in the international treaties, them being sources of international private law. The analysis of contents of conflict of laws norms in the Russian legislation allowed the author to state that the modern conflict of laws regulation in Russia takes place in accordance with the tendencies of development of the international private law, which may be seen through the prism of the international dimension. The main attachment formulae as applied in the international treaties and regional supranational acts are reflected in the international private law of Russia. The example of this statement may be found in abolishment of the unilateral conflict of laws norms on obligatory written form of an international economic contract, while one of the parties is a Russian legal entity. However, according to the principle of favor negotii, the cumulative conflict of laws norm is introduced, and according to this norm conformity with the law of the state, where the deal was concluded is sufficient for recognizing its legal validity.

Keywords: Conflict of laws norm, conflict of laws regulation, international private law, structure of the conflict of laws norm, attachment formula, volume of conflict of laws norm, attachment of a conflict of laws norm, statute of the legal relation, conflicts of law among the states, classification of conflict of laws norms.

DOI: 10.7256/2454-0706.2015.7.15774

Abstract: This article examines the principles of fair and rational use of fresh water resources and the right of a sovereign nation to a part of transboundary fresh waters, their historical establishment, statutorization and explanation of their content on universal and regional levels. A special attention is given to the factors of determination of fairness and rationality of the use of the waters and their interconnection, as well as the international legal regulation of the correlation between various types of use of fresh water resources. In the course of the research the author determined the principles of usage and protection of fresh water resources are unified for international waterways and transboundary watercourses. The fairness of usage means an optimal distribution of water, and rationality – passing measures on maintenance and restoration of water resources to the level that ensures maximal benefit from its usage. The author proves that a fresh water object falls under the sovereignty of a nation due to the fact that the “reservoir” represents a part of the territory of the country.

Keywords: equitable use of a watercourse, freshwater, rational utilisation, sovereignty over the watercourse, priority of uses of a watercourses, principles for the use of water, international watercourse, transboundary aquifer, vital human needs, reasonable use of a watercourse

DOI: 10.7256/2454-0706.2015.7.52459

DOI: 10.7256/2454-0706.2014.7.12365

DOI: 10.7256/2454-0706.2014.7.52227

Abstract: The article concerns key directions for the harmonization of international commercial law. The material legal norms regulating economic and commercial relations are more influenced by the unification processes, than the parts of private law dealing with non-commercial activities (personality, real law, inheritance relations). The focus of study is set upon the special value of the principles of freedom of contract, good faith and the institutions of autonomy of will and conflict of laws attachment for the unification of the international commercial law. The author of the article achieves the conclusion on the special role of the principles of institutions, which he has studied, and which are provided for in most of the model documents (the UNIDROIT principles, etc.). The model documents accumulate the key ideas in the modern legal studies, having influence upon the formation of the binding norms and they are often in contradiction with the traditional legal doctrines, such as the “cause of the deal” and “reciprocative performance”. The article includes the study of differentiation of legal sciences, which are centered upon the international private law based upon branches of law (international investment law, maritime law, energy law, international corporate law, etc.). The article contains conclusion that the objects of these sciences are intertwined, and there is a greater level of harmonization in complex legal branches. The author then makes a conclusion that the cause for the greater harmonization in these complex legal branches is greater economic and technological need for it.

Keywords: Conflict of laws attachments, good faith, autonomy of will, international commercial law, international private law, harmonization, unification, UNIDROIT principles, freedom of contact principles, unification processes.

DOI: 10.7256/2454-0706.2014.7.12429

DOI: 10.7256/2454-0706.2014.7.52228

Abstract: The contents and topicality of this article are defined with the growing interest to the issue of the place of underwater cultural heritage within the concept of the world cultural and natural heritage. The object of studies involves the terms of “cultural heritage”, “natural heritage”, “underwater cultural heritage” as provided for by the UNESCO Conventions concerning the Protection of World Cultural and Natural Heritage of 1972 and on the Protection of Underwater Cultural Heritage of 2001. The author finds out that these categories have certain defining criteria, such as importance, origin and authenticity. As a basic method the author applies comparative legal method. For the first time the author provides comparative analysis of the categories “underwater cultural heritage” and “world cultural and natural heritage” based upon a number of defining criteria: archaeological and historical value (importance), degree of value (importance), localization, origin, integrity and authenticity of an object and the temporal criterion. The scientific novelty of the study is due to revealing the common components in the said legal categories. The conclusion is made that the underwater cultural heritage is a part of world cultural heritage of a humanity in spite of its specificities due to localization of objects. It is manifested by a range of common defining criteria for the legal categories of “underwater cultural heritage” and “world cultural and natural heritage”, such as value, origin and authenticity of objects. The author draws an analogy between the role of the world cultural heritage in the development of human civilization and the universal value of underwater cultural heritage, which is manifested in cultural, scientific, technical, economic, eco-biological, social, and geopolitical aspects. Based upon the research the author formulates a conclusion on the need to develop criteria for the cultural, historical and archaeological importance for the objects of underwater cultural heritage in order to improve their protection. The results of studies may be used when developing the cultural criteria for the objects of underwater cultural heritage.

Keywords: Legal protection, underwater cultural heritage, natural monuments, concept, world heritage, authenticity, archaeology, preservation, universal value, UNESCO.

DOI: 10.7256/2454-0706.2013.8.9066

DOI: 10.7256/2454-0706.2013.8.52025

Abstract: The article is devoted to the analysis of specific features of technology transfer to the developing states, which is traditionally enshrined in international documents and doctrine as technology transfer for the development purposes. The author evaluates three aspects of this issue. The first aspect presupposes analysis of legal bases for the access of developing states to the scientific and technical achievements. The most deep-rooted basis for it is their right for participation in scientific and technical progress and practical use of its results. The institution of international technology transfer serves as means of implementation of this right. Characterizing the functions of this institution, the author of this article points out its contradictory character. It means that technology transfer does not fully facilitate scientific and technical innovative potential of the developing states. As a result, the global technological gap is being preserved. At the same time, it does not conform to the provisions of the modern international law (both hard and soft law), providing for the right of developing states to the access to technologies achieved by scientific and technological progress. Much analysis is devoted to the second aspect, which includes characteristic features of rights and obligations of developed and developing states within the framework of their scientific and technological cooperation. This peculiarity is shown as lack of symmetry, reflecting inequalities of potentials, but providing for a large amount of rights for the developing states. At the same time, one of the modern tendencies is recognition for the responsibility of developing states for their scientific and technological development. This issue serves as a basis for the correction of the principle of assisting the scientific and technological development of developing states, which is the third aspect of analysis by the author of this article. The author analyzes specific empiric materials in order to reflect the degree of implementation of international treaty provisions on technology transfer to the developing states. The main conclusions provided in this article include recognition for the need to develop mechanisms of technology transfer, which would strengthen scientific and technical potential of developing states.

Keywords: scientific and technical progress, globalization, developing states, development assistance, human rights, scientific and technical potential, development financing, technology transfer, technological gap, right for development.

Abstract: The article is devoted to the analysis of the approach to the regulation of the Internet, as presented at the Deauville Summit of the G8 in 2011. Much attention is paid to the problem of balance of human rights in the cyberspace as a constituent part of governing the use of Internet. The author casts light upon the policy of the G8 in the sphere of copyright protection. The author also studies the perspectives of development of the sovereignty of the state in the digital epoch. The author comes to a conclusion that it is necessary to develop the copyright within the paradigm of understanding of the Internet as a territory for freedom and communication.

Keywords: jurisprudence, Internet, information, management, globalization, property, piracy, state, freedom cyber-space.

DOI: 10.7256/2454-0706.2015.8.15269

Abstract: This article is dedicated to the research of the main trends in regulation of legal relations, pertaining to such key institutions of international private maritime law as maritime lien, and rescue of ships and other property at sea. These legal institutions not only carry great significance from the perspective of their theoretical cognition and scientific analysis, but also play an important role in merchant shipping, which at the present time increases exponentially in international trade relations. The authors make an accent on the multifacetedness and richness of sources of these institutions of international private maritime law that is substantiated by the specificity of relations associated with international law. The relevance of this problematic is also confirmed by the presence of modern international trends of reform and unification of these institutions of private maritime law, which is confirmed by new conventions passed by the global maritime coalition, development of new documents by international organizations that are widely applied in the merchant shipping as “soft law”, as well as implementation of international norms into national legislation by many countries.

Keywords: bottomry, maritime lien, unification, customs of merchant shipping, national legislation, international agreements, international transport law, maritime privileged requirements, vessel resque, salvage contract

DOI: 10.7256/2454-0706.2015.8.52475

Abstract: The article is devoted to the key methods and means of lobbying of national and state interests of the states of the Western civilization type, namely the USA and the EU, as applied to the post-Soviet states. The author analyzes the priority foreign policy approaches of the EU and the US from the point of view of their consistency with the basic norms of international law. The author pays attention to the lower role of the UN, as well as to the formation of the NATO – centric system, which might be able to provide a more fl exible approach to protection of foreign political and strategic interests of these states. Study of such approaches shall allow Russia to improve its own foreign policy in order to make it more just and symmetrical to the global architecture.

Keywords: jurisprudence, NATO, international law, the EU, the UN, Colored Revolutions, Humanitarian interventions, post-Soviet states, the USA, foreign policy.

Abstract: This article is devoted to the study of the remedial activity of the UN and the bodies, which were formed under its Charter. The goal of this article is to evaluate this activity as a considerable factor for making the modern political process more humane. As a methodology for this study the author uses historical and comparative approaches. The result of the study is the conclusion that in spite of a number of forceful forms of implementation of politics, one can see growing activities in order to protect human dignity and value of human person around the world. Much of it is due to over 50 years of activities of the UN.

Keywords: political science, process, politics, human rights, civil society, state, universalism, non-governmental organizations, justice.

DOI: 10.7256/2454-0706.2015.8.15922

Abstract: The subject of this research is the theoretical and practical aspects of the position of rights and protection of civilian population during an armed conflict (on the example of Yemen). A special attention is given to the cooperation of regional organizations and the United Nations on the issue of use of force within international relations, and the practical application of Article 51 of the UN Charter. The postulation of the main problem is the ethics of use of force for the purpose of helping the civilian population, as well as the need to limit the means such as airstrikes and other means with low-precision destruction. The following conclusion is made: the only possible way to protect the civilian population can be ensured within the framework of a country through the creation of a working mechanism for holding parties accountable for serious violations of the norms of international humanitarian law and human rights during peace time, as well as during an armed conflict.

Keywords: UN Charter, international law, international relations, regional organizations, UN, civilian population, protection, self-defense, Yemen, armed conflict

DOI: 10.7256/2454-0706.2015.8.52476

Keywords: UN Charter, international law, international relations, regional organizations, UN, civilian population, protection, self-defense, Yemen, armed conflict

DOI: 10.7256/2454-0706.2013.9.9410

DOI: 10.7256/2454-0706.2013.9.52041

Abstract: A bit more than 40 years ago three international legal concepts became subjects of discussion: the concept of international crimes committed by states, the concept of jus cogens norms and the concept of erga omnes obligations, which were aimed to bring the international community to the new level of interaction and consolidation. However, the positive consequences of the conceptual provisions of these concepts are not obvious, especially concerning their practical implementation. The international scientific community fails to resolve the problems of specific contents of these concepts, their correlation, in spite of the fact that they touch upon the fundamental issues of modern international interactions. That is why, it is important to analyze these three concepts, which have much in common, being rather different from each other, and to evaluate the positions of legal scholars in the sphere of international law on these concepts. The author considers that the key aspect, connecting the concept of international crimes committed by states, the concept of jus cogens norms and the concept of erga omnes obligations, is that all of these concepts presuppose a quality difference in consolidation and coordination of international community up to the development of the supranational level of government.

Keywords: the ICJ, international community, erga omnes obligations, jus cogens norms, international crimes committed by states, international law, the ILO, use of force, genocide, apartheid.

DOI: 10.7256/2454-0706.2014.8.11378

DOI: 10.7256/2454-0706.2014.8.52247

Abstract: The article concerns doctrinal and legal points of view on the concept of international legal responsibility in the international criminal law. The main goal of this study is to develop the definitions of international legal responsibility in the international criminal law taking into consideration formation of the International Criminal Court on July 17, 1998. The author provides a study of development stages of the international legal responsibility in international criminal law, stating its current formation as a whole and complete legal system. The author analyzes principles and international treaties on responsibility for international crimes and crimes against humanity. The author analyzes the measures of responsibility of international law subjects for international unlawful acts. The methodological basis for the studies is formed with the dialectic cognition method, it also involves application of principles of development, sustainability, and systemic character. The article involved general and specific legal methods: comparative, systemic structural, theoretic – methodological, etc. It also should be stated that while there were studies of these issues both in Russian science and abroad, there were no sufficiently in-depth studies. At the same time the problems of responsibility in international criminal law became important in both its theoretical and practical dimensions from the moment, when the International Criminal Court was founded. The author draws a conclusion that responsibility in international criminal law for the committed international offences takes place in strict compliance with the norms of international law, which establish responsibility for the various international crimes, and types and amounts of punishments are provided for in the Statute of the International Criminal Court and national criminal codes.

Keywords: Legal principles, general principles, legal responsibility, crimes, process, international crimes, norms, legal relations, unlawful, punishments.

DOI: 10.7256/2454-0706.2014.8.52248

Abstract: In late years both in Russian and foreign international law science faces the spread of approaches, which are used in political studies of international relations. This work analyzes the genesis of this interrelation starting from late 1980s. The author discusses the main causes of interdisciplinary synthesis, including growing role of the “soft law” and spread of conflict resolution mechanisms base upon the internal law of the main international economic organizations (WTO, IMF, World Bank Group) and integration groups (the EU, the NAFTA, the EurAsEC, etc.). The article contains an overview of the main directions of borrowing, including diagnosing the main international problems, their structuring and searching for the international legal mechanisms for their solution, analysis of structure and functions of organization design of the existing international regimes and institutions, as well as international law as a whole. On each of these directions the author provides the key studies. The conclusion is made that spread of instruments of political science in the international law facilitates its enrichment, formation of the fruitful interdisciplinary synthesis, allowing for the multifaceted analysis of international reality.

Keywords: Jurisprudence, international law, international relations, interdisciplinary approach, methods of legal studies, synthesis of international law and international relations, soft law, international organizations, international regimes, global administration.

DOI: 10.7256/2454-0706.2015.9.16219

Abstract: The subject of this research is the concept of “The Responsibility to Protect”, the main positions of which are contained in its primary document – the report of International Commission on Intervention and State Sovereignty (ICISS) (2002). A significant attention is given to such components of the concept “The Responsibility to Protect” as responsibility to respond, responsibility to prevent humanitarian crises, and restoration afterwards. Analysis is conducted on the key criteria for forced intervention, including: right authority, just cause, right intention, last resort, proportional means, and reasonable prospects. The scientific novelty consists in the author’s revelation of the fact that this concept laid the foundation for conflict of laws with regards to a number of fundamental norms and principles of modern international law. As a result of the analysis the author comes to a conclusion that the concept of “The Responsibility to Protect” a priori contained a potential attempt to review a number of norms and principles of international law, and revise the positions of the UN Charter and work of this global organization.

Keywords: Unite Nations, UN Security Council, NATO, Responsibility to protect, Legal norm, Criteria, Concept, ICISS, Authority, Proportionality

DOI: 10.7256/2454-0706.2015.9.52496

Keywords: Unite Nations, UN Security Council, NATO, Responsibility to protect, Legal norm, Criteria, Concept, ICISS, Authority, Proportionality

DOI: 10.7256/2454-0706.2016.10.11862

Abstract: This work analyzes the legal regimes within which the personnel of private military and security companies (PMSC) are allowed to use force. Analysis is conducted on the consequences for the legal status of the personnel of PMSC in cases of application of various regimes. The author clarifies the notion of direct involvement in military activity and legal consequences. Pertaining to the legal regime of self-defense the author provides requirements that should be met in order to use force and not lose the protection of international law. It is determined that the personnel of PMSC can use force only within the framework of two legal regimes: direct involvement in armed conflict, and self-defense. The author concludes that vast majority of the PMSC personnel does not have the status of combatants and their direct involvement in military action can lead to loss of protection that is given to them as civilians by international law. Thus, the only solution for the personnel of PMSC is use of force in the regime of self-defense. It should be noted that this is only allowed with regards to objects protected by international law (civilian population and objects), otherwise their actions would be considered as direct involvement in military operations.

Keywords: Rules of engagement , Non-combatant, Combatant, Self-defense, Military operation, Use of force, International law, Human rights law, International humanitarian law, Private military company

DOI: 10.7256/2454-0706.2016.10.52715

Keywords: Rules of engagement, Non-combatant, Combatant, Self-defense, Military operation, Use of force, International law, Human rights law, International humanitarian law, Private military company

DOI: 10.7256/2454-0706.2013.10.52059

Abstract: The article is devoted to the problems of recognition and compulsory enforcement of the foreign judicial decisions in the Republic of Turkey. This problem remain topical in spite of the codification of international private law, which took place in Turkey in 2007. It is undoubted, that due to the development of international connection and trade turnover, the Turkish courts need to recognize and enforce foreign judicial decisions more and more often, so they form certain judicial practice on this issue. However, the study shows, that this practice has been inconsistent, which is probably due to the lack of experience of the Turkish courts. The analysis of the current judicial practice of the higher judicial instances with references to their legal positions and analysis of application of the foreign law by the Turkish courts would allow to make further judicial practice more unified and lower the risk of judicial errors. As a result of the studies, the author draws a conclusion that the formal approach of the Turkish courts, lack of clear reference points and guidelines of the higher judicial bodies preclude the Turkish legal practitioners from unifying judicial practice on this issue.

Keywords: international private law, international civil process, the Republic of Turkey, recognition of judicial decisions, compulsory enforcement, codification, conflict of laws norms, applicable law, establishing legal norms, public order violations.

DOI: 10.7256/2454-0706.2016.10.15711

Abstract: This article is dedicated to the modern trends of the transformation of consular functions in the conditions of globalization. Radical changes in modern global economic connections and migration processes demonstrate the importance and significance of the legal regulation of consular relations from the perspectives of both international and national laws. In this research, the consular law and consular service is being examined through the prism of new challenges associated with such phenomena as increased travel, natural disasters, civil wars, multiple citizenship, international employment, pension issues, child abductions, forced marriages, sex tourism and human trafficking, all of which significantly impact the transformation of consular functions at the present stage. These factors substantiate the growth in demand for quality and efficient consular services, which in turn affect the transformation of consular functions in the modern conditions. This research allowed the author to highlight three key vectors of the work of governments in this area: expansion of consular functions in accordance with demand; management of expectations for the purpose of affecting the growing demand; introduction of improvements into the sphere of consular services in order to meet the demands.

Keywords: Consular services, Communication innovations, Technological innovation, ICT, Collaboration, International cooperation, NGO partnership, Consular functions, Consulate , Globalization

DOI: 10.7256/2454-0706.2016.10.52716

Keywords: Consular services, Communication innovations, Technological innovation, ICT, Collaboration, International cooperation, NGO partnership, Consular functions, Consulate, Globalization

DOI: 10.7256/2454-0706.2013.10.52060

Abstract: This article is devoted to the evaluation of the modern unification processes in the sphere of international private river law, regulating transportation of goods, passengers and luggage in the international river transportation communication. The international private river law is a branch of international transportation law, which is a combination of norms of national and international character, regulating international transportation relations. International river transportation of goods, passengers and luggage are made based on contracts between carriers and shippers or passengers. The authors of this article provide detailed analysis of the norms of two key international treaties in the sphere of river transportation: the Budapest Convention of 2001 on the Contract for the Carriage of Goods by Inland Waterway, and the Geneva Convention of 1976 on the Contract for the International Carriage of Passengers and Luggage by Inland Waterway. The authors analyze international norms regarding carriage of goods, passengers and luggage, as well as responsibility of the international river transportation carrier, extrajudicial settlement procedure, limitation periods and grounds for addressing judicial or arbitration conflict resolution means.

Keywords: international transportation law, international river transportation, international treaties, national legislation, goods, passengers, luggage, carrier, limits to responsibility, prejudicial claim.

Abstract: The fi ght of developed states for resources and global fl ows, which is established in the international economic law, is a factor which makes the participants at the international arena to form such systems, in which protection of their geopolitical interests would be most effi cient and unconstrained. In this case international economic law serves as one of the means of guaranteeing such interest, together with the ideological concepts of free market, transparent borders and market economy as a whole (analogous to democracy and protection of human rights in the political sphere). The instruments of the global market, and as a consequence, of international economic law establish the fast development of globalism, which in turn makes counter-actions by certain states unreasonable. In such a situation a market, which serves the interests of developed states dictates a common state (inner, foreign, legal, social, etc.) policy for all other states. Due to all this, it is topical for the Russian Federation to form its foreign policy in order to provide the world with more fair architecture of global formation, including its economic sphere.

Keywords: jurisprudence, globalization, globalism, international economic law, international law, global management, sovereignty, developed states, ideology, transnational corporations.

DOI: 10.7256/2454-0706.2013.10.9735

DOI: 10.7256/2454-0706.2013.10.52061

Abstract: This article is devoted to the issues of correlation between recognition of the new states and the UN membership. The author evaluates the provisions of the UN Charter and other normative acts, as well as the international judicial decisions. In particular, he analyzes the decision of the International Tribunal for Former Yugoslavia (ICTY), showing that the UN membership equals recognition of a subject as new state, as well as that the subject having the UN membership, while not being de facto independent (sovereign), can be recognized as a state due to its membership in this organization. In the opinion of the author such an approach is not realistic, since it contradicts the existing practice. The author defines recognition of one state by the other as an act of political will and expression of sovereignty of a recognizing state, since it remains in the total discretion of a recognizing state, while the UN membership is a legal act. The author points out a number of reasons for which the UN membership cannot be equal to the collective recognition of a new state by the UN Member States.

Keywords: definition of a state, accepting practice, the UN Member States, recognition of new states, the UN General Assembly, the UN Security Council, the UN Charter, procedural rules, international law, foreign policy.

DOI: 10.7256/2454-0706.2014.9.12861

DOI: 10.7256/2454-0706.2014.9.52267

Abstract: This article is devoted to the evaluation of the modern tendencies in the sphere of legal regulation of international automobile carriage of goods, passengers and luggage within the context of branches in the structure of international transportation law. The latter being a branch of international private law is a complex of legal norms, which are contained in the national legislation, international treaties and customs regulating the obligations regarding carriage of goods, passengers and luggage in the international transportation. The specific feature of carriage of goods, passengers and luggage in the international transportation is the large amount of material legal norms of international character in comparison with the conflict of laws norms, as well as the presence of a wide range of norms of domestic legislation, which are specially formulated for the said purpose. In this article with the help of comparative legal method of studies the authors provide detailed evaluation of the most important sources of international law regarding automobile transportation of goods, passengers and luggage in trans-border communications, including the UNECE Geneva Convention of 1956 on the Contract for the International Carriage of Goods by Road (CMR) and the UNECE Geneva Convention of 1973 on the Contract for the International Carriage of Passengers and Luggage by Road (CVR). The authors consecutively view international norms regulating the legal status of subjects of contracts for carriage by road, the main obligations of the parties to such a contract, responsibility of carrier for non-performance or undue performance of contractual obligations, complaint procedure for dispute settlement, period of limitation, and procedure for the dispute resolution on contracts for the automobile carriage of goods, passengers and luggage. For the first time this article provides a detailed study of the Yalta Treaty of the CIS of 2003 on the interaction among the CIS Member States in the sphere of international carriage of goods by car and the Saratov Treaty of CIS of 1999 on obligatory insurance of passengers in the international carriage by road. Both treaties are regional and they are key factors for the legal regulation of international automobile carriage in the sphere of CIS.

Keywords: International automobile transportation, carrier, sender of goods, receiver of goods, goods, passengers, luggage, carriage fee, carriage contract, international transportation law.

DOI: 10.7256/2454-0706.2014.9.12957

DOI: 10.7256/2454-0706.2014.9.52268

Abstract: The article is devoted to evaluation of interaction and interrelation of the principle of the right for development and the principle of equal rights and self-determination of peoples. The author analyzes the process of formation of the concept of right for development, and the international legal documents reflecting the evolution of this principle. Also the article singles out and describes characteristic features of contents of the right to self-determination and its key elements. The author also analyzes other specific features of these principles. The author holds a study based upon the analysis of the text of the UN Charter, UN General Assembly Resolution, reports of the Working Group on Right for Development and scientific research of the leading specialists in the sphere of international law. Currently the principle of equal rights and self-determination of peoples is one of the most topical principles of international law. However, contents of this principle are often regarded only in combination with the principle of territorial integrity. This article contains an attempt to evaluate the principle of equal rights and self-determination of peoples from a new angle of interaction with the principle of the right for development.

Keywords: Right for development, self-determination of peoples, principles of international law, human rights, collective rights, native peoples, economic development, social progress, rights of the peoples, states.

DOI: 10.7256/2454-0706.2015.10.15296

Abstract: The subject of this research is the analysis of the regulation of protection of intellectual property rights within international treaties and political legal documents pertaining to international environmental law, which is currently the component of the so-called international law for sustainable development. The author examines the debatable issues associated with the modern understanding of the effects of protection of intellectual rights, especially patent laws for international transfer and diffusion of technologies, especially “green” technologies. A special attention is given to the analysis of regulation of protection of exclusive rights for transferable technologies within the framework of the Rio de Janeiro conventions, as well as the similar issues at the level of “soft” international law in the area of sustainable development. A focus is made on the study of the positions of developed and developing countries on the issue of nature and the necessary level of protection of patent rights in the process of international transfer of technologies, which is mainly aimed at aiding developing countries in forming their own scientific-technological and innovational potential. The author’s contribution into the research of this topic is the systemic analysis of the position of environmental conventions from the perspective of their collisions with the positions of international law on intellectual property. Among the main conclusions of the conducted research is the acknowledgement of the dual effect of the protection of intellectual property rights upon the achievement of the goals of international transfer of technologies.

Keywords: green technologies, international environmental law, patent law, developing countries, international technology transfer, sustainable development, exclusive rights, capacity building, TRIPS Agreement, biotechnology

DOI: 10.7256/2454-0706.2015.10.52512

DOI: 10.7256/2454-0706.2015.10.16453

Abstract: The subject of this research is determination of the model of the Court of the Eurasian Economic Community (EurAsEC Court) by comparing the qualifying components and characteristics of the most common models of courts of the international integrational institutions with the judicial mechanism of the EurAsEC Court itself. The goal of this work is forecasting the prospects of the development pf EurAsEC Court by taking into account the experience of other types of courts within the corresponding organizations. In the author’s opinion it can produce a positive effect upon the entire system of the Eurasian Economic Union. The scientific novelty consists in the fact that the author analyzed and determined the most common and patterned models of the judicial mechanisms within the international integrational institutions – Dispute Settlement Body of the World Trade Organization and Court of Justice of the European Union. The author came to a conclusion that the EurAsEC Court does not fit any of the described models, and rather represents a more unique institution, but nevertheless, its reference to the experience of the Court of Justice of the European Union is still evident. The author points out some flaws of the EurAsEC Court and offers most realistically implementable solutions.

Keywords: Eurasian Economic Union, Court of the Eurasian Economic Union, Court model, Regional organization, Judicial mechanism, International integrational institution , ECJ, Dispute Settlement Body of WTO, Judicial practice, Supranationalism

DOI: 10.7256/2454-0706.2015.10.52513

Keywords: Eurasian Economic Union, Court of the Eurasian Economic Union, Court model, Regional organization, Judicial mechanism, International integrational institution, ECJ, Dispute Settlement Body of WTO, Judicial practice, Supranationalism

DOI: 10.7256/2454-0706.2013.11.52080

Abstract: The article discusses issues related to the settlement of the Nagorno-Karabakh conflict – one of the most protracted conflicts in the former Soviet Union. To date, the efforts of the parties to the conflict to resolve it have clearly been insufficient. The main instrument for the resolution of this dispute is the Minsk Group of the Organization for Security and Co-operation in Europe. In this regard, the role of such all-inclusive organizations such as the United Nations has been significantly reduced. The author analyzes the decisions of the Security Council on the status of Nagorno-Karabakh as well as the non-binding resolutions of the UN General Assembly. The author determines that the UN should make a greater effort towards a peaceful settlement of the dispute and focus on the actions of the parties to the conflict outside the parameters of the OSCE Minsk Group. The article highlights the immense role of the UN in implementing the right of peoples to self-determination so as to safeguard their rights and freedoms. However, it is worth noting that if there is a new outbreak of violence, a resumption of hostilities and a definitive collapse of the peace talks, the UN, by way of the Security Council, will once again play a major role.

Keywords: Nagorno-Karabakh conflict, peaceful settlement of the dispute, activities of the UN, right to self-determination, Security Council resolutions, Armenia and Azerbaijan, unrecognized republic, UN General Assembly, aggression, principle of territorial integrity

Abstract: Lack of hierarchy in the system of international judiciary reflects specific features of international law, which is initially fragmented. The attempts to form a hierarchy by heightening the status of the ICJ, as well as “division of labor” would lead to the leveling of the very meaning of international justice.

Keywords: jurisprudence, fragmenting, diversification, system, judiciary, justice, hierarchy, international, law, precedents.

DOI: 10.7256/2454-0706.2015.11.16611

Abstract: The subject of this research is the study of the fight against poverty on the international level from the perspective of the norms of international law. The author examines such aspects of the topic as state of poverty, and approaches towards solution to the issue of poverty from perspective of protection of human rights. A special attention is given to the international obligations of national branches of public authority, as well as global international and regional international organizations consisting of states. The object of the research is the acknowledgement by states of the necessity to protect and promote provision of human rights. Among the main conclusions of the conducted research is the need to impose obligations through the norms of international law to take measures towards preventing poverty. The author’s contribution into the research is the analysis of international instruments in the area of human rights pertaining to poverty. The scientific novelty consists in discovering the lack of direct guarantees of freedom from poverty within the norms of international law.

DOI: 10.7256/2454-0706.2015.11.52531

Keywords: Norms of international law, Poverty, Human rights, International instruments, Alleviation, Declaration, Implementation of law, Convention, Individual poverty, State action

DOI: 10.7256/2454-0706.2013.12.10213

DOI: 10.7256/2454-0706.2013.12.52104

Abstract: This article is devoted to history and analysis of influence on the decisions of the European Court of Human Rights on the development of states, their history and law. Special attention is paid ot the European Convention on Human Rights (formally, the Convention for the Protection of Human Rights and Fundamental Freedoms), and analysis of the claims to the European Court. The article includes analysis of historic development, drafting and adoption of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the causes of its amendment and the need for additional Protocols. This problem is analyzed with the use of dialectic, historical, systemic, and comparative legal methods. The author considers that currently the Convention develops its protective systems. The Protocols, which came into force, amend and change it, and improve the functions of the European Court on Human Rights as a whole. Based upon the above-mentioned issues, one may draw a conclusion that the decisions of the European Court on Human Rights regarding the states, including the Russian Federation are precedents, and judicial practice of the ECHR in cases regarding the Russian Federation should be recognized as a source of Russian law.

Keywords: Convention, unity, sovereignty of the state, human rights, claim, freedom of address, Protocol, protection of rights, Committee, Commissar.

Abstract: Based on the wide circle of international legal documents and doctrinal studies, the author analyzes the meaning of international legal principle of respect and protection of human dignity in the framework of regulation of scientifi c and technological progress. Much place is given to analysis of international legal concept of dignity and its development in the modern conditions. The author analyzes correlation of human dignity and basic rights and freedoms. The author shows the fundamental role of this principle within the context of full and effi cient application of internationally recognized right to participation in the scientifi c and technical progress and use of its results.

Keywords: jurisprudence, dignity, development, science, technology, personality, biomedicine, pluralism, globalization, rights.

Abstract: The article is devoted to the analysis of value of the Decision of the EEC Court of September 5, 2012 on the challenges against p.1 of the Decision of the Commission of the Customs Union of August 17, 2010 N. 335 ?On the topical issues related to the functioning of the united customs territory and the practice of implementation of the mechanisms of the Customs Union?. In particular, the Court upheld the principle of unity of legislation, prohibition of unjustified discrimination or hidden limitations to trade, as well as the right of economic entities to access to justice. At the same time, the author points out that not all of the conclusions of the court fall within the same logical path.

Keywords: jurisprudence, court, Eurasian, economic, community, customs, union, economic, subject, declaration.

Abstract: The author provides systemic analysis of normative amount and contents of the internationally recognized human right, which is provided for by p. 1(c) of Art. 15 of the International Covenant on Economic, Social and Cultural Rights/ much attention is paid to the issues of systemic correlation of the rights of authors for the protection of their moral and material interests with other human rights and freedoms. Based on the analysis of the Commentary n.17 of the UN Committee on Economic, Social and Cultural Rights the author provides comparative analysis of rights of creators as internationally recognized rights and copyright. Much attention is paid to the approach to the copyright from the standpoint of human rights. The author also pays attention to the issue of balance of such categories of rights, as well as the balance of the state obligations in the sphere of human rights and in the sphere of copyright protection. Based on the systemic approach, the author analyzes international legal obligations of the state, as enshrined in p. 1 (c) of Art. 15 of the ICESCR, then he raises the issue of the formation of the controlling mechanism in the sphere of its implementation.