International Law and International Organizations

Abstract: The article includes the review of the book by Kalenchenko, M.M. Legal regime of territorial protection of marine environment. This book includes analysis of various approaches towards the territorial protection of marine environment, as applied by some foreign states and organizations, problems and the ways to solve them and implement the international practice by creating specially protected nature preservation territories. The book includes analysis of the bases of international legal regime of marine territories, of international agreements, which include mechanisms for the territorial protection of marine environment.

Keywords: international law, regime, territory, protection, sea, resources, jurisdiction, agreements, state, shelf

Abstract: The article is devoted to the role of the famous French legist Bertrand d’Argentre in the science of international private law. Bertrand d’Argentre is a forefather of the fi rst scientifi c theory of international private law – theory of statutes. He separated all the statutes into real, personal, and ones of mixed nature.

Keywords: international law, law, state, territory, history, collision, science, statute, personal, individual.

DOI: 10.7256/2454-0633.2013.2.6955

DOI: 10.7256/2454-0633.2013.2.8753

DOI: 10.7256/2454-0633.2020.4.34430

Abstract: The subject of this research is the content and methodology of the relevant and informative public international anti-terrorism reports – the Global Terrorism Index (GTI) and the European Union Terrorism Situation and Trend Report (TESAT) for 2020. The goal of this article consists in examination of applicability of analogous methodologies of socio-legal scientific research dedicated to the phenomenon of terrorism in the national strategic anti-terrorist law enforcement and law protection activities. The research task is to give a general overview to GTI and TESAT anti-terrorism reports for 2020, explore their structure and content, analyze the statistical data on international terrorism and terrorism in the EU member-states for 2019. The object of this article is the strategic data on the criminalized phenomenon of terrorism from the perspective of international law. The scientific information analysis of statistical data on terrorism allows differentiating terrorism by the subjective aspect of this act, view it in space and time for developing a deeper understanding on the factors and conditions of its proliferation, determine the strategies on counteraction. The conclusion is formulated that in the international scientific research terrorism is viewed as a sociological phenomenon, and rather than cumulative unlawful acts alone; the international community converge the approaches towards understanding and criminalization of terrorism (coordinate the lists of terrorist organizations and suspected individuals). The novelty of this work consists in the description of modern scientific methods of information analysis of the data on terrorism in the European Union and worldwide – trends, indicators, geoinformation representation and data analysis, as well as other relevant methods of statistical data analysis. The author’s special contribution is the comparison of methodological approaches of the two anti-terrorism research, as well as in publication of relevant information from foreign sources

Keywords: statistics, index, trends, anti-terror, counterterror, European Union, data, report, strategy, terrorists

DOI: 10.7256/2454-0633.2015.1.12687

DOI: 10.7256/2454-0633.2015.1.65956

Abstract: In this review the author evaluates the research results of the mechanism for implementing the norms of international criminal law into the national criminal legislation, conducted from the position of comparative jurisprudence. In this case the author compared the content, methods, techniques, subjects, and specific aspects of implementation of the criminal legal norms of international law into the national criminal legislation of Russia, UK, Canada, USA, France, Germany, and Finland; in other words, the countries that are part of the Anglo-Saxon, Romano-Germanic, and Scandinavian families of the legal systems. An analysis is made on the author’s approach towards the notion of implementation and related concepts (transformation, reception, conversion, and others); determination of the nature of the international criminal law and its place within the system of legal branches; assessment of the effect of the principles of the international criminal law on the process of implementation; current models of implementation and the criteria for defining their distinctive features. Characterization is given to the aspects of authority of subjects that execute the process of implementation of the international legal norms into the domestic criminal legislation, including the practice of implementation in the UK, Canada, France, Germany, and other countries.

Keywords: Implementation, peer review, international law, legislation, criminal law, crime, transformation, criminal policy, convention.

DOI: 10.7256/2454-0633.2015.1.13330

DOI: 10.7256/2454-0633.2015.1.65957

Abstract: This review analyzes the results of the research on the jurisdictional conf licts that emerge during investigations and trials of transnational acts of crime. It characterizes the aspects of the work of the territorial and other principles including legal process of extradition. Emphasis is made on the models that would be useful for regulation of the jurisdictional conf licts within the EU and other countries. The author demonstrates that the current acts of the European Parliament and the international conventions on the fight against transnational and organized crimes leave a lot of questions unaddressed with regards to resolution of competential conf licts pertaining to investigations of crimes and punishment of those who committed crimes across several countries. The book being reviewed analyzes international legal prerequisites of implementing the criminal law in the fight against transnational criminality; collisions of national criminal law; ability to resolve conf licts; constitutional foundations; aspects of the norms of criminal law; model projects of regulating the mechanism for resolving jurisdictional conf licts.

Keywords: Convention, constitution, conf lict, jurisdiction, criminality, law, criminal law, criminal prosecution, trial.

Abstract: The review of the monograph by the Ukrainian international legal scholar V.B. Babin is devoted to the problems of program regulation of international relations. The author reviews the level of legal doctrine in regard to the problem of phenomenology of the international legal programming in a historical, axiological and ontological contexts. The author stresses the importance of the analysis of the program potential of the international legal relations within the framework of the modern international legal doctrine in the light of program forms and norms of international law. It is noted how important it is to study normative legal nature of the programs, which are accepted and approved by the states and international organizations.

Keywords: international law, international relations, forms of international law, international programs, program regulation, program international norms, international goal-oriented programs, the Ukrainian school of international law, globalization, sustainable development.

DOI: 10.7256/2454-0633.2013.1.62419

Abstract: The topical issues of international legal protection of environment have always attracted attention of the legal scholars, specializing in the sphere of environmental, international, criminal and other branches of law. During last several years there appeared quite some works of general and specific character regarding such issues, as criminal responsibility for the ecocide, unlawful environmental trade, activities of international (governmental and non-governmental) organizations, provisions and implementation of the conventions and other treaties on climate protection, protection of biological variety of forests, etc. The book, which is reviewed in this article, provides valuable additions to the existing works, and it also allows to summarize the results of the development of international environmental law as a special branch of law.

Keywords: international law, environment, climate, atmosphere, biological variety, waste, environmentalization, resources, convention, impleme

DOI: 10.7256/2454-0633.2013.2.62784

Abstract: Protection of lands (soils) is one of the most topical problems, which both the international community and the states have to face. Together with climate change, lowered biological variety, atmosphere and water pollution, overproduction of waste, anthropogenic catastrophes, etc., it becomes a more and more important issue within the general mass of negative influences on the environment, lowering the quality of life of people. That is why specialists, lawyers, environmental specialists, economists of various states strive to find efficient means for the prevention of further worsening of quality of lands (soils) and to regenerate their quality. One of the means of such protection is legal responsibility. May states develop and implement means of civil law responsibility, including fines and administrative legal sanctions. Criminal legal prohibitions serve as the most severe reaction to the violations of the legislation on protection of lands.

Keywords: international law, protection, lands, soils, harm, responsibility, casuistry, soils, the European Union, the UN, France

DOI: 10.7256/2454-0633.2013.2.62785

Abstract: The article includes a review on the monograph, which was presented within the framework of an international interdisciplinary project on coordination of various needs in the coastal areas with the accent on the water environmental systems and fisheries, in which T. Markus, LL.M., took part from 2005 to 2008 From the standpoint of legal sciences, especially criminal, environmental law and forensic studies, the problems of preservation of water biological resources and fishing regulation are closely related to the violations of law, corruption, organized crime, including trans-national organized crime and other violations. That is why it is quite useful for a Russian reader to get acquainted with these studies by T. Markus on fisheries law in the EU. In spite of critical evaluations of the EU environmental policy on fisheries and preservation of water biological resources, taking into account the current reality and practice of other states, the author of the monograph comes to a conclusion that the EU regime is probably the most well-developed system of fisheries management in the world.

Keywords: The European Community, fisheries law, development, management, administration, fisheries, fish supply, biological variety, allowable catch, ecological sustainability, quotes.

DOI: 10.7256/2454-0633.2014.3.12333

DOI: 10.7256/2454-0633.2014.3.65444

Abstract: The object of studies involves the views of the Russian and foreign scientists specializing in the environmental law, on the issues of legal regulation and policy in the sphere of climate protection and energy saving in the European Union as a whole and some of its Member States: the Great Britain, Germany, France. The author analyzes the main directions of the development of the legislation on climate protection and energy saving, evaluating the need for the reform of the European legislation in these spheres, and bringing European and national laws on climate protection closer to each other. Special attention is paid to the issues of use of renewable energy sources, climatic engineering methods, protection of biological variety. The method of studies involves comparison of the substantiated opinions, as expressed in the articles of the leading Russian and European specialists, evaluation of their applicability once the Russian Federation uptakes relevant obligations. Scientifi c novelty and conclusions are as follows: the reviewed collection of article contains a number of newest articles, involving topical studies of legal regulation of application of the mitigation and adaptation measures for the climate change and guaranteeing sustainable environmental development. The conclusion is made on the need to take into account the modern situation in the environmental policy and climate protection law of the EU, once Russia uptakes relevant environmental obligations.

Keywords: Modernization, energy, energy saving, climate, adaptation, mitigation, the European Union, Germany, France, the Great Britain.

DOI: 10.7256/2454-0633.2016.4.20385

Abstract: The work “Diffusion of Responsibility in International Law” edited by the prominent scholar and professor of Public International Law at University of Amsterdam, member of the Permanent Court of Arbitration, president of the European Society of International Law André Nollkaemper represents a research on international responsibility in the context of problematic of the shared responsibility and criteria of its distribution. The publication present theoretical and practical interest for the international legal experts, scholars, students and post-graduate students, and others interested in the problems of international law and international relations. Examination of the normative grounds of the questions of international responsibility (Article of the UN Commission of International Law on responsibility of the states for international illegal activity, and project of Articles on responsibility of international organizations) leads to the conclusion on their incapability to resolve the most complicated practical questions, which emerge in commission of the illegal actions by the international organizations. The authors attempt to find substantiation to the criteria of distribution of responsibility in such areas as political theory, philosophy, economics, and particularly the criterion of fairness.

Keywords: International responsibility, Distribution of responsibility, André Nollkaemper, International Law Commission, Responsibility of the states, Responsibility of the international organizations, Concept of international responsibility, Shared responsibility, Principles of shared responsibility, Progressive development

DOI: 10.7256/2454-0633.2016.4.68447

DOI: 10.7256/2454-0633.2015.4.15287

Abstract: This article presents the analysis of the international collective monography dedicated to the means of counteracting corruption and conflict of interests, including those on the international level. The author examines the role of international organizations, including World Trade Organization, World Bank, as well as international development banks in achieving this goal. The research reveals the purpose of separate anti-corruption mechanisms, including codes of ethics, and effectiveness of sanctions. The authors of the book reveal the merits and flaws in the existing measures, and make conclusions on possible improvements. They study international documents, experience of the work of the international organizations, their cooperation, aid to countries, as well as practical realization of the principle of honesty in the public sector. The importance of improving the system of state administration, including overcoming corruption and resolving conflict of interests, determines nation’s ability to achieve economic success. This task cannot be solved without taking into consideration the international standard. Participation in issuing international loans of transnational corporations and partnerships takes the corruption problem to a new level, requiring its broad discussion and a proper organization of countermeasures.

Keywords: corruption, conflict of interests, World Bank, public officer, World Trade Organization, international organizations, sanction, transparency, integrity, code of ethics

DOI: 10.7256/2454-0633.2015.4.67253

Keywords: sanction, international organizations, World Trade Organization, public servant, World Bank, conflict of interests, corruption, transparency, honesty, code of ethics

DOI: 10.7256/2454-0633.2014.4.13157

DOI: 10.7256/2454-0633.2014.4.65697

Abstract: This article analyzes the content of the monograph dedicated to the legal liability of transnational corporations under the international law. A special attention is given to the questions of social responsibility of corporations, effectiveness of self-regulation, and application of the codes of business ethics. A separate review is given to the chapter dedicated to the criminal liability of corporations under the international law. The author examines the liability of the CEO for the crimes committed by the employees, which includes specifi c court cases. It is worth mentioning that the corporate self-regulation can become the source of manipulation in order to support the economic status quo. This is namely the grounds for the necessity to develop and implement global principles of business administration. The corporations can be held criminally liable for collusion and abetting to commit a crime, in addition to other reasons. However, conducting business in countries that do not uphold human rights cannot in itself be the grounds for criminal liability.

Keywords: Corporation, legal liability, criminal liability, conditional liability, international law, code of ethics, self-regulation, business administration, profi tability, transnational corporations, global principles.

DOI: 10.7256/2454-0633.2014.4.13328

DOI: 10.7256/2454-0633.2014.4.65698

Abstract: This review characterizes a fundamental work on environmental law of the European Union, specifi cs of its forming and developing, as well as the current issues. It demonstrates the key areas of the legal regulation and the extent of harmonization of the European legislation with the national environmental law of the member-states of the EU. Emphasis is made on the approach towards the structure of the UE environmental law which includes protection of the air and water quality, nature (fauna and fl ora), landscapes, noise management, protection from the effects of chemical and toxic waste. Analysis is given to the EU primary law and environmental policy conducted in accordance with the Amsterdam Treaty and other treaties on establishing of the EU, course of action, other documents, as well as the secondary law of the EU. This review examines the legal platform and the role of the European Parliament, Council, European Court, European Environment Agency and their authority.