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> Contents of Issue № 04/2013
Contents of Issue № 04/2013
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Development of separate branches of international public law |
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Mozhuga V.V. - Factors influencing the hierarchical dependency of public law sources in the Customs Union.
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pp. 1-15
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DOI: 10.7256/2306-9899.2013.4.10104
Abstract: The article is devoted to the studies of the influence of economic integration upon the changes in the factors reflecting hierarchic dependency of the public law sources. The article provides brief analysis of various approaches towards the formation of a hierarchic dependency, and it includes detailed analysis of the influence of economic processes upon the changes in the hierarchy of the public law norms both at national and international levels. The author pays special attention to the issues of classification of regional trade agreements and their relations with the system of supra-national public law, providing detailed characteristics of each type of regional trade agreement, taking into account the specific features of the formation of the system of public law. As a conclusion the author points out that the transition from one level of integration to another is accompanied with the simultaneous changes in the system of sources of public law of the state, when more and more of economic and closely related issues are transferred into the sphere of supranational regulation. That is why, when analyzing the factors of hierarchical dependency of the sources of public law of the Russian Federation, it is necessary to take into account the economic element of public law relations.
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International civil law/private law |
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Erpyleva N.Y. - International civil procedural law: definition, object and system.
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pp. 16-160
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DOI: 10.7256/2306-9899.2013.4.10362
Abstract: This article concerns definition, principles, object and system of the main institutions of the international civil procedural law, as an important branch of the international procedural law together with the international arbitration procedural law. International procedural law is a branch of international private law, including both norms of national legislations and international treaties concerning procedural relations with a foreign element, namely, international procedural relations (in other words, trans-border procedural relations). The author singles out seven principles of international civil procedural law. The object of international civil procedural law is formed with the procedural relations regarding proceedings on international commercial disputes in state courts of various states. The main elements of international civil process, which are analyzed in great detail from the standpoints of national legislations and international treaties (both bilateral and multilateral), are judicial competence on international commercial disputes, use of injunctive measures, recognition and enforcement of foreign judicial decisions.
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Petrusha A.A. - When concluding an international contract for the sale of goods between Russian and English or American companies, Anglo-American law may be chosen as applicable to the contract. The general direction of the legal regulation of warranty relations (guarantee of the legal purity of the ownership of the goods sold, guarantee of the quality of the goods) in the purchase and sale transaction under Anglo-American law has no fundamental differences compared to the Russian legal order. The differences mainly come down to a more detailed elaboration of the regulation of these relations, as well as to the approach of regulating the seller's liability for breach of guarantees under Anglo-American law. The purpose of this article is to study the regulation of guarantees in a purchase and sale transaction in relation to the goods being sold under the law of England and the USA, as well as to identify features that it is recommended to pay special attention to the Russian counterparty when concluding an international contract for the sale of goods under the law of England or the USA.
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pp. 161-188
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DOI: 10.25136/2306-9899.2013.4.5989
Abstract: Guarantees in a purchase and sale transaction under Anglo-American law
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Integrational law and supernational associations |
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Stepanenko V.S. - Sources of the European environmental law.
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pp. 161-183
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DOI: 10.7256/2306-9899.2013.4.10072
Abstract: The author studies the sources of European law in their relation with the environmental law. The author provides detailed analysis of various acts of the EU bodies: primary law (founding treaties), unwritten primary law; directives and recommendations, environmental and political action plans. The acts are analyzed based on their nature, sphere of application and subjects. The author provides specific examples of various acts of European environmental law. In particular, the author considers that environmental political action plans are sources of European environmental law is spite of their non-normative nature. It is due to the fact that environmental political action plans provide for goals and priorities of environmental policy, include general descriptions of measures for a certain time span, they establish global connections and development tendencies, provide orientations, serve as prerequisites and preparation measures for the legislative measures at the Community level and specify them. Finally, the author makes a conclusion that forms of normative legal acts may be regarded as sufficient and efficient elements of law-making. However, their application in environmental law (and other branches of law) is mediated via many factors, and first of all via the environmental policy of the EU.
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International law and national law |
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Solov'eva T.V. - On the lack of unified normatively provided procedure for the enforcement of the Decisions of the European Court of Human Rights.
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pp. 184-200
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DOI: 10.7256/2306-9899.2013.4.2507
Abstract: This article is devoted to the problem of enforcement of the decisions of the European Court of Human Rights. The author provides analysis of the norms regulating enforcement of the decisions, when the responsible subject is the state. The author studies various acts of the Russian state, evaluating their conformity with the international legal obligations of the Russian Federation, analyzing the provisions on the payment of compensation to the victims requiring provision of state funds for their payment. The author shows a number of contradictions between the Russian legislation and the international law obligations of the European Court of Human Rights. The author considers that currently there is only one normative legal act in Russia, which provides sufficiently detailed regulation of enforcement of the decisions of the European Court of Human Rights in part of monetary compensation, and this act is the Budget Code of the Russian Federation. The conclusion is made on the need to pass a normative legal act, which would provide for a detailed procedure for the enforcement of the decisions of the European Court of Human Rights in part of enforcement of individual and general measures.
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Kurbanov R.A. - Structure of sector and the issues of international legal regulation of the energy industry of the North American states.
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pp. 201-228
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DOI: 10.7256/2306-9899.2013.4.11026
Abstract: The article contains analysis of legal regulation of the energy sector of the North American states - the USA, Canada and Mexico. The author analyzes the key stages and tendencies of development of the energy sector in these states after signing the Agreement for the formation of the North American Free Trade Area and the North American Agreement on Environmental Cooperation. The author analyzed the input of the Organization of the American States into the development of the North American energy markets. The analysis allowed to draw a number of conclusions. At the current stage of its development the mutual dependency of the consumer state (the USA) and producing states (Canada, Mexico) is regulated via regional and sub-regional norms, including NAFTA, which serves as a basis for the legal guarantees in the relations among these states, and as a prerequisite for the harmonization of national legislations in the sphere of energy. At the current stage of development, one may speak of the existence of international (regional and sub-regional) basess for the North American energy market, uniting hte markets of the USA, Canada and Mexico.
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