International Law and International Organizations - rubric HISTORY OF INTERNATIONAL LAW AND INTERNATIONAL ORGANIZATIONS
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MAIN PAGE > Journal "International Law and International Organizations" > Rubric "HISTORY OF INTERNATIONAL LAW AND INTERNATIONAL ORGANIZATIONS"
HISTORY OF INTERNATIONAL LAW AND INTERNATIONAL ORGANIZATIONS
Kukin E.A. -
Abstract:
Antonov I.P. -
Abstract:
Getman-Pavlova I. -
Abstract:
Danilenko D.V. -
Abstract:
Bondarenko E.Y. -
Abstract:
Antonov I.P. -
Abstract:
Dubovik, O.L. - Tendencies of legal regulation of energy preserving technologies in the European law pp. 0-0
Abstract: This article includes analysis of the decisions of the European Parliament and Council in the sphere of energetic efficiency and energy conservation based on specific examples of eliminating production of incandescent lamps, improvement of use of biological waste in order to gain energy. The author explains a number of terms, which are key for the international and national energy law, watches positive effects of application of new technologies in the sphere of production and use of energy for environmental protection
Keywords: international law, biomass, directive, lamp, waste, ecology, energy conservation, energy efficiency, trade
Getman-Pavlova I. -

DOI:
10.7256/2454-0633.2013.2.8762

Abstract:
Smirnova E.S. -

DOI:
10.7256/2454-0633.2013.2.8723

Abstract:
Muratov R.A. - History of the emergence of legal regulation of activity of controlled foreign companies in the Russian Federation pp. 43-54

DOI:
10.7256/2454-0633.2021.2.35849

Abstract: Spread of the possibility of free movement of capital from one jurisdiction to another allows the companies incorporated in high-tax countries, to use low-tax or tax-free jurisdictions for conducting business and, as well as reducing tax burden. One of the mechanisms of tax evasion is the creation of controlled foreign companies that can delay the payment of dividends to the parent company, i.e. the payment of income that will be taxed in the country of tax residence of the parent company. The countries, in turn, adopt CFC rules (controlled foreign companies riles) to prevent tax evasion, which may change due to various circumstances. The CFC rules are aimed at determining the actual tax liability of the taxpayer. However, there are situations when CFC rules are implemented in a broader approach – for example, a wide range of entities would fall under the definition of “controlled foreign companies” or “controlling entities”, which may result in the fact that the conditions for application of CFC rules may arise for the entities that do not exercise control over a foreign company. In this case, CFC rules can worsen the situation of the taxpayer. This creates an abuse of the right of controlling authorities in terms of preventing tax evasion. In order to avoid such situations, it is necessary to improve the CFC rules by limiting the circle of entities and clearly distinguishing between abuse of the rights and lawful actions in implementation of CFC rules.
Keywords: controlling persons, development of CFC rules, retained earnings of companies, CFC rules, controlled foreign companies, international tax law, tax liability, current tax liability, tax avoidance rules, deoffshorization
Maximova O.D. - Organizational activity of the Council of People's Commissars of the USSR in participation of the delegation of Soviet scholars in the First Plenum of the International Society for the Exploration of the Arctic Regions by Means of the Airship (Aeroarctic) and its results pp. 53-62

DOI:
10.7256/2454-0633.2021.4.37008

Abstract: The subject of this research is the exploration of Arctic, its economic development, and use of resources on the scientific basis as the crucial policy avenue of the Soviet Union. The International Society for the Exploration of the Arctic Regions by Airship (Aeroarctic) made a significant contribution to the research of the Russian Arctic. The success and performance of the Soviet members of this society largely depended on the organizational and norm-setting measures taken by the Council of People's Commissars of the USSR and its commissions in the late 1920s. For elucidation of the role of the Council of People's Commissars of the USSR in organizing international cooperation of the Soviet scholars, the article employs the materials from the State Archive of the Russian Federation and St. Petersburg Central State Archive of Scientific and Technical Documentation. Among noteworthy results of international cooperation within the framework of “Aeroarctic” are the following: 1) organization of the 2nd Congress of Aeroarctic Society held in Leningrad in 1928; 2) inclusion of the possibility of establishing trans-Arctic air routes between Europe and America in the five-year plan of research activity of the Arctic and Antarctic Research Institute for 1928 – 1933. In the activity of the Council of People's Commissars on the issues of Soviet participation in “Aeroarctic”, the author observes the proclivity for providing the procesude for recognition of the Arctic territories of the USSR by the global community; as well as protect the Soviet Arctic territories from the claims of foreign states. The second half of 1920s marks a major breakthrough in development of the Arctic in the USSR reflected in conduct of regular scientific research, acquisition of reliable knowledge on this remote part of the Earth, discovery of mineral deposits, which also allowed among strengthening defense potential of the country.
Keywords: international scientific cooperation, Soviet science, arctic scientific research, rulemaking, Council of People's Commissars, International society Aeroarctic, Arctic, USSR Group Aeroarctic, airship, polar Asia
Smirnova E.S. - Institutional formalization of the relations of the Slavic people in Europe in the context of history and law

DOI:
10.7256/2454-0633.2016.1.16586

Abstract: The subject of this research is the certain aspects of creation of international organizations of the Slavic people from the perspective of the history of law, as well as the work of the contemporary public organizations and parties. This article reviews the role of congresses of the Slavic people which were held in the XIX centuries in Central Europe and Moscow; the participation of Russian in this process is also being examined. Attention is given to the “European vector” of the strengthening of intergovernmental relations in the area of cooperation of the Slavic people, as well as to the role of the inter-parliamentary collaboration between Russian and Belarus. The main conclusion consists in the thesis about the necessity of taking into account of the historical and international-legal institutional approaches towards the research of the consolidation process of the Slavic people throughout the XIX-XX centuries. The international organizations of the Slavic unity differ by their goals and the number of members. At the same time, the importance of Russia as a nation that has specific, objectively justified relations with the Slavic nations of Central and Eastern Europe, is growing. The current state of the work of public organizations and political parties in this direction requires revision of the entire complex of the relations with the neighboring countries for the purpose of establishing peace and neighborliness.  
Keywords: Slavs, Russia, organization, unity, cooperation, history, policy, Institute, leadership, law
Smirnova E.S. - Institutional formalization of the relations of the Slavic people in Europe in the context of history and law pp. 105-113

DOI:
10.7256/2454-0633.2016.1.67451

Abstract: The subject of this research is the certain aspects of creation of international organizations of the Slavic people from the perspective of the history of law, as well as the work of the contemporary public organizations and parties. This article reviews the role of congresses of the Slavic people which were held in the XIX centuries in Central Europe and Moscow; the participation of Russian in this process is also being examined. Attention is given to the “European vector” of the strengthening of intergovernmental relations in the area of cooperation of the Slavic people, as well as to the role of the inter-parliamentary collaboration between Russian and Belarus. The main conclusion consists in the thesis about the necessity of taking into account of the historical and international-legal institutional approaches towards the research of the consolidation process of the Slavic people throughout the XIX-XX centuries. The international organizations of the Slavic unity differ by their goals and the number of members. At the same time, the importance of Russia as a nation that has specific, objectively justified relations with the Slavic nations of Central and Eastern Europe, is growing. The current state of the work of public organizations and political parties in this direction requires revision of the entire complex of the relations with the neighboring countries for the purpose of establishing peace and neighborliness.  
Keywords: leadership, policy, history, unity, cooperation, organization, Russia, Slavic people, Institute, law
Lobanov S.A. - The establishment of the normative and constitutional grounds of criminal responsibility for the war crimes: to the question of periodization

DOI:
10.7256/2454-0633.2016.1.16889

Abstract: This article examines the evolution of development of the norms on criminal responsibility for the war crimes and its constitutional-legal mechanism. The author presents periodization of this process, taking into account the essential changes of the juridical technique of criminalization of the war crimes, as well as the order of concretization and realization of the criminal responsibility for committing them. The work demonstrates the correlation between the establishment of the norms and mechanism of criminal responsibility for the war crimes with the evolution of development of the national and international legal systems, as well as with the strengthening of interrelation between them under the current circumstances. The beginning of the contemporary period of the reviewed evolutional process is linked to the work and decision of the Nuremberg trials, and in the 1990’s we can observe the new trends associated with diversification of the branches of the international criminal justice, development of the process of the national-legal implementation of international obligations, and the establishment of the system of collaboration of the national and international law enforcement agencies in the area of criminal responsibility for the war crimes.
Lobanov S.A. - The establishment of the normative and constitutional grounds of criminal responsibility for the war crimes: to the question of periodization pp. 114-135

DOI:
10.7256/2454-0633.2016.1.67452

Abstract: This article examines the evolution of development of the norms on criminal responsibility for the war crimes and its constitutional-legal mechanism. The author presents periodization of this process, taking into account the essential changes of the juridical technique of criminalization of the war crimes, as well as the order of concretization and realization of the criminal responsibility for committing them. The work demonstrates the correlation between the establishment of the norms and mechanism of criminal responsibility for the war crimes with the evolution of development of the national and international legal systems, as well as with the strengthening of interrelation between them under the current circumstances. The beginning of the contemporary period of the reviewed evolutional process is linked to the work and decision of the Nuremberg trials, and in the 1990’s we can observe the new trends associated with diversification of the branches of the international criminal justice, development of the process of the national-legal implementation of international obligations, and the establishment of the system of collaboration of the national and international law enforcement agencies in the area of criminal responsibility for the war crimes.
Keywords: criminal proceedings, criminal responsibility, periodization, military criminal law, international law, national law, international criminal justice, war crimes, national criminal justice, military court
Getman-Pavlova, I.V. - Science of international private law: French theory of statutes in XVII century. pp. 137-178
Abstract: The article is devoted to the French school of international private law in XVII century, which developed the theory of statutes, which was the main and the only theory of the international private law since XIV century. The author then makes a conclusion that the development of the French doctrine includes two phases and for teachings (Italian, French, German and Belgian-Dutch). Much attention is paid to the attitude of the French scientists towards the Italian theory of statues and the doctrine by Bertrand d’Argentre. The article includes analysis of the works of 17 French scientists, who studied the confl ict of laws in XVII century.
Keywords: international law, international private law, XVII century, France, the theory of statues, the Bartolistes, d’Argentre, judicial practice, coutumes, decision of the French parliament of August 28/September 2, 1600.
Parshin, A.N. - Formation and development of the mechanism of legal regulation between the USSR and Germany in the sphere of military cooperation in the years 1922 – 1933. pp. 141-154
Abstract: The issues of military cooperation between the USSR and Germany before the 2nd World War are part of our history. In spite of large number of monographs and scientifi c researches by Russian and foreign scientists they all have “black holes and gaps”. This matter is of great interest to the young scientists, who study international relations and international law. Trying to fi ll the gaps in the historical past the author paid attention to the regulation of this type of international cooperation. It is quite symbolic that the study took place in 2012, which is a Year of Russian History in Russia.
Keywords: international law, the Versailles system, cooperation, the Moscow Center, people’s commissariat, defense industry, Reichswehr, Rapallo treaty, the reparations, economical offi ce.
Ryzhov, V.B. - Policy of trade and development of the EU pp. 151-158
Abstract: The article includes analysis of the policy of trade and development of the EU towards with the 3rd World states. The author shows the role of France in the implementation of the foreign policy of the EU, then he points out the positive role of the GATT and the WTO in stimulation of the dialog between the EU (EEC) and the developing states.
Keywords: international law, European law, the EU, the European Communities, economic cooperation, the French Union, the European Development Fund, developing states, GATT, WTO
Bondarenko, E.Y. - International legal aspects of war captivity in the international and Russian normative legal acts of late XIX – early XX centuries. pp. 155-171
Abstract: In late XIX century – early XX century a number of international and Russian conventions on the issues related to war captivity was accepted. These documents enshrined the key provisions on rights and obligations of prizoners-of-war, the norms of behavior were regulated. The article by the Doctor of History Professor E.Y. Bondarenko includes analysis of the key international legal aspects of war captivity in international and Russian documents of late XIX – early XX centuries. The author gives a number of examples on treatment of Russian and foreign prisoners-of-war at the time ot total wars and military confl icts.
Keywords: international law, history of international humanitarian law on prizoners of war, regime of occupation, combatants, Declarations and Conventions on the treatment of prizoners of war, the ICRC, international treaties on prizoners-of-war, normative acts on prizoners of war, Government decrees on prizoners of war, international conventoins for the protection of victims of war.
Antonov, I.P. - Formation and development of the concept of international law in the German legal science. pp. 179-191
Abstract: In this article the author based on legal analysis of the scientifi c works of the German scholars analyzes the stages of formation and development of the German science of international law, studies the grounds for the formation of various scientifi c schools, directions and some institutions of this system of law, introduces the Russian readers to the input of the German scientists into the legal science.
Keywords: international law, concept, scientifi c school, state, sovereignty, liberalism, geopolicy, anarchy law.
Getman-Pavlova, I.V. - The followers of Bertrand D’Argentre in the science of international private law in the XVII century France. pp. 265-277

DOI:
10.7256/2454-0633.2013.2.62783

Abstract: The article includes analysis of the French followers of Bertrand D’Argentre, who in turn was the founder of the French theory of statues in the international private law. It is concluded that the theory of three statutes, as offered by B. D’Argentre was hardly accepted in the French doctrine of conflict law of XVII century. 17 scientists of that time are known to us, and they made a great influence on the development of international private law, while we may only recognize there of them as the followers of Bertrand D’Argentre (Paul Challine, Denis Simon, Denis Lebrun). It was Paul Challine who reintroduced the rule for the three classes of statutes (real, personal and of mixed nature) into the conf lict studies after this classification was almost forgotten for 80 years. The dissertation of Denis Simon serves as evidence of spread and application of the D’ Argentre’s system in France in late XVII century. The thoughts of Denis Lebrun show the great inf luence of this theory by the end of XVII century. It was thanks to the works of these three scientists, that the theory of D’Argentre was finally accepted in France.
Keywords: international private law, XVII century, France, theory of statutes, D’Argentre, judicial practice, coutume collisions, real statutes, personal statutes, mixed statutes, Paul Challine, Denis Simon, Denis Lebrun
Lobanov S.A. - The problem of criminal responsibility for war crimes in the science of international law: the origins and the present state of development

DOI:
10.7256/2454-0633.2015.4.16880

Abstract: This article presents the evolution of the formation and development of a scientific approach to the issue of criminal responsibility for war crimes, from the birth of the science of international law and the first ideas about limiting the means and methods of warfare, to the present. The author determines the role of the representatives of Russian science of international law of the pre-revolutionary, Soviet, and modern periods in the development of this issue, as well as the views of foreign authors. He demonstrates the continuity of the development of scientific concepts of war crimes and responsibility for their commission in the Russian and foreign science of international law, the similarities and differences in the approaches of Russian authors and their foreign counterparts in the evaluation of the existing models of the implementation of this responsibility. The author gives special attention to the development of the modern stage of substantive and procedural aspects of this problem, the achievements and gaps in the science of international law, and points to the controversial nature of the individual findings of researchers.
Lobanov S.A. - The problem of criminal responsibility for war crimes in the science of international law: the origins and the present state of development pp. 521-545

DOI:
10.7256/2454-0633.2015.4.67252

Abstract: This article presents the evolution of the formation and development of a scientific approach to the issue of criminal responsibility for war crimes, from the birth of the science of international law and the first ideas about limiting the means and methods of warfare, to the present. The author determines the role of the representatives of Russian science of international law of the pre-revolutionary, Soviet, and modern periods in the development of this issue, as well as the views of foreign authors. He demonstrates the continuity of the development of scientific concepts of war crimes and responsibility for their commission in the Russian and foreign science of international law, the similarities and differences in the approaches of Russian authors and their foreign counterparts in the evaluation of the existing models of the implementation of this responsibility. The author gives special attention to the development of the modern stage of substantive and procedural aspects of this problem, the achievements and gaps in the science of international law, and points to the controversial nature of the individual findings of researchers.
Keywords: criminal proceedings, criminal justice, national law, international law, science of international law, criminal liability, war crimes, armed conflicts, diplomacy, international relationships
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