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Moscow Journal of International Law

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No 4 (2016)
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https://doi.org/10.24833/0869-0049-2016-4

ISSUES OF THEORY OF INTERNATIONAL LAW

11-20 2983
Abstract
This article analyzes the current status of the International Nuclear Law. It contains arguments in support of the assertion that the International Nuclear Law has been already formed as a separate branch of International Law. The article formulates the subject of the International Nuclear Law as the peaceful use of nuclear energy. The author puts forward the argument that nuclear disarmament belongs to another branch of the International Law – the International Security Law. Pressing issues of further development of the  International Nuclear Law are set forth: the further analysis of lessons learned from Fukushima NPP accident, and their implementation in national legislations and the IAEA recommendations; establishment of an international mechanism for rapid response in the event of a nuclear accident; strengthening of the nuclear security regime; overcoming the fragmentation of the international liability regime for nuclear damage.

LAW AND POLITICS

21-37 2345
Abstract
The paper examines Russian and foreign literature on International Law relating to legitimate possibilities for a state to defend its national interests through making proper choice between different International Law sources and particular rules and interpretations of relevant rules and also by creation of special expertise. Relevant international documents on political involvement in International Law are scrutinized in the context of the term “les politiques juridiques exterieures”.
38-49 1373
Abstract
The paper analyses main international – law aspects of the principle of non - interference into internal state affairs in the context of state coups and revolutions. Exactly - in the context of the popular in the west concepts of «responsibility to defense» and «humanitarian intervention»

INTERNATIONAL ORGANIZATIONS

48-62 3622
Abstract
The article envisages the package of interconnected theoretical issues related to the entity, characteristic features of Eurasian integration and the Eurasian Economic Union (EEU) as its legal and institutional form, legal nature of the institution, as well as the concept of the «Law of the Eurasian Economic Union». Being based on the international law doctrine, the author substantiates the failure of the supranational theories of integration, including those connected with Eurasian integration and the Eurasian Economic Union; the piece reveals critical approach to the latest proposals regarding differentiation and distinction between international intergovernmental organizations (IGO) and «international institution of regional economic integration», considering that the integration entities having reached the highest level of integration, differ from other IGO functionally, but meet all generic requirements immune to international organizations as such

LAW OF THE EUROPEAN UNION

63-72 2222
Abstract
The article deals with the principle of mutual recognition of foreign judgments in criminal matters. Author examines the issues arising from the implementation of Community instruments. The Spanish procedure of the implementation of the rules of EU Law is also investigated. The questions of execution and transmission of European orders in Spain, the procedure of interaction
of the Spanish courts with competent authorities of foreign states, as well as the grounds for refusal by Spanish national law are considered.

ТЕРРИТОРИЯ В МЕЖДУНАРОДНОМ ПРАВЕ

73-81 1435
Abstract
Uti possidetis originating from Roman jus civile which later transformed into a principle of interstate relations dealing with a transformation of former administrative borders into international boundaries of the newly independent states in Latin America was also effectively applied upon decolonisation in Africa in XX century. This article considers the relevant state practice of the African states and the OAU’s position on application of uti possidetis principle. The article also analyses the Burkina Faso vs Mali case which is one of the substantial cases on application of uti possidetis pinciple.

МЕЖДУНАРОДНОЕ ПРАВО ЗАЩИТЫ И ПООЩРЕНИИ ПРАВ ЧЕЛОВЕКА

82-92 2177
Abstract
Issues of labour rights enjoyment сoncerning women, as a vulnerable group, becomes common for the world community. Recognition of women as equitable labour unit due to social and labour vulnerability should be set forth and assured by the international labour standards and also by the labour legislation of each state regardless of its participation in conventions and recommendations of International Labour Organisation. Women’s labour protection should be a priority of state policies. In terms of labour limitations, just and safe working conditions should prevail. This article is devoted to the mechanisms of international framework for the protection of women’s labour rights relating to maternity protection, night work of women, underground work in accordance with the provisions of conventions and recommendations of ILO and effective application of international monitoring mechanisms of the UN Committee on the Elimination of Discrimination against Women.

LAW OF THE SEA

93-96 984
Abstract
Significant damage is caused to the world economy by piracy. And the critical “piracy situation” in the Gulf of Guinea in this relation is the clearest example. The successful solution of the long piracy crisis in the region of Somalia (in 2015 no piracy attacks was registered in the region, in 2016 – 1) is based on the joined efforts of the world community. Today in the area of maritime security here adequate (though great) efforts are enough on the national and regional/interregional levels.
In the paper the general characteristics of piracy are analyzed, conclusions are made about the character of the existing international legal regulation in the fight with this crime, its influence on the global economics and interrelation on the samples of insurance, cost of maritime transport.

INTERNATIONAL SECURITY LAW

97-124 4046
Abstract
The doctrine of international law has widely discussed a new form of self-defense institution, preventive self-defense. If you strictly follow Article 51 of the UN Charter, the pre-emptive strikes are a violation of international law.
This forces to painstakingly examine the issues arising in connection with the new interpretation of the use of force (pre-emptive strike concept, an armed intervention, preventive use of force) and to search for possible solutions to improve the efficiency of the UN Security Council.

INTERNATIONAL CRIMINAL LAW

125-137 14144
Abstract
The present article provides the analysis of the reasons why Russia has changed its position towards the International Criminal Court. The article covers the intermediate results of ICC’s work, including some legal difficulties appeared throughout the proceedings, especially when a state, which is not a party to a Rome statute, can be subject of the Court’s investigation. The present article includes the analysis of report of Prosecutor’s Office, published November 2016, concerning the situation in Ukraine and the Crimea’s referendum. The author considers the legal consequences of the decision of Russian Federation not to be a state-party to the Rome statute of ICC.

МЕЖДУНАРОДНОЕ И НАЦИОНАЛЬНОЕ ПРАВО

138-148 943
Abstract
Clinical trials on medicinal products are regulated not only by the government but also by various international organizations due to the social significance of this problem and the potential risk for human health. Moreover, it is the international acts that provide the basis for the development of the relevant national legislation. The analysis of the aforementioned sources allowed the author to discover the peculiarities of legislative regulation of the clinical trials as well as its dependence on the specific nature of these relationships.
149-167 1121
Abstract
This survey presents overview of damages and other contractual remedies of French law and its comparison in some aspects with law of England. The present comparison of damages and other contractual remedies available to parties to a contract under French and English laws shows the differences of legal systems to which the said countries belong. The differences in the legal systems entail the differences in remedies and its implementation. There are remedies under the law of England which French law is rather reluctant to uphold and there are remedies not very well developed in England but widely spread in France (at first hand punitive damages and specific performance). The implementation of the same remedy could have different mechanics and even different ideology.

VOICES OF THE YOUNG

168-175 927
Abstract
The article investigates legal nature and place of a legal institute of shareholders’ agreement in Russian and foreign law theory. Based on definitions and legislative approach in Germany, France, the Great Britain, the USA and Switzerland the author concludes that there is no universal  controlling instrument of legal regulation of the institute of shareholders’ agreements in the mentioned countries. It makes a point of reception of Anglo-American legal family regulation instruments of corporate agreement and in particular those regarding shareholders’ agreement. It analyzes a special place of this legal institute in the legal regulation system of treaty and corporate relations. The focus is on the public element of legal nature of a shareholders’ agreement.
176-184 883
Abstract
The article covers the development and international law aspects of the Arctic Council formed in 1996 by the eight Arctic states in order to face the challenges of the global warming and the climate changes in the region. The two adopted legally binding documents are discussed and appraised on the basis of the existing international law and an overall assessment of the undertaken activities is given, as well as a forthcoming development analysis. Most notable other activities include: landmark studies on the pollutants, conservation of biodiversity and climate change; nine political declarations; the Arctic Economic Council establishment and the conclusion of the Framework for Action on Enhanced Black Carbon and Methane Emissions Reductions.


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ISSN 0869-0049 (Print)
ISSN 2619-0893 (Online)