ВОПРОСЫ ТЕОРИИ
The emergence in the late 50’s and early 60’s of the previous century of the new practice of the adoption by the USSR so-called “self-executing” treaties and of new definitions of the Soviet legislation about the superiority of the International treaties over national law, required critical rethinking of prevailing perceptions in our country of the “traditional” doctrine of the ratio of international and domestic law. Forms of interaction of legal systems in the regulation of social relations, in particular in our country, were much more diverse than previously thought to be. The realization of what had happened did not come immediately, and not to everyone. There was a group of Soviet scientists, who tried to “squeeze” a new situation within the framework of the Soviet concept of the relation of legal systems, and put forward a theory of “transformation” of international treaties into domestic law rules, unreasonably blaming those, who thought it possible the direct application of international law as a regulator of social relations in our country in monism.
At the same time the number of “new” theories of the ratio of international and domestic law dramatically increases, both in Russia and abroad. In fact, almost all of them are not theories of relationships within the legal systems of law as such, but a reflection of an existing real or formally proclaimed by the private practice of different countries to implement the provisions of international law.
HUMAN RIGHTS
The human rights treaty bodies are international organs controlling the implementation of core international human rights treaties by States. The human rights treaty bodies, which now number ten, have developed into a system. Various initiatives to enhance this system so that it can meet its objectives most effectively are considered in this article. Special attention is given to the process initiated by the UN High Commissioner for Human Rights in 2009 and the report on its results prepared in June 2012 as well as the open-ended intergovernmental process launched in frames of the UN General Assembly in February 2012 and extended until the first half of February 2014. The article provides a detailed analysis of the major aspects of the report on the intergovernmental process and the draft resolution presented by the co-facilitators of the process.
The article highlights the role of the European Court of Human Rights in international protection of the rights of migrants and expands on the practice of the Court regarding various rights and freedoms granted by the European convention on human rights and its Protocols (1950).
In the first part of the article a specific attention is drawn to the ECHR practice of considering cases of deportation and extradition, including those concerning the Russian Federation.
INTERNATIONAL SECURITY LAW
Compliance with the legitimacy is fundamental to ensure sustainable international legal order, which to a large extent dependent on the total understanding of when use of coercive measures is legitimate. The article examines the rule of law in the application of international sanctions. Analyzes the problem of the legitimacy of international sanctions, determines its relationship with compliance issues sanction authority. The sanctions competence of other international organizations shall strictly comply with the Charter of the United Nations, and in their implementation, they are not allowed to exceed the sanctions stemming from the charter authority. This provision is essential to the legitimacy of the use of sanctions by other international organizations. The article substantiates the basic criteria of legitimacy of international sanctions, which is necessary to take into account when making the UN Security Council decision to impose international sanctions.
INTERNATIONAL HUMANITARIAN LAW
States hire private military and security companies for in armed conflict and occupation to fulfill some function that used to be a core military. Like a military personnel, personnel of private military and security companies can violate or act incompatibly with international humanitarian and human rights law. Relying on the Draft articles on state responsibility and decision of international tribunals author consider the question of hiring state responsibility. Author chooses four articles as most potential troubleshooting position in question. It concludes that state cannot evade responsibility by using PMSC instead of its military or special forces. Even if action of PMSC falls outside of the ASR state may be held responsible due to fault to exercise its due diligence obligation.
LAW OF THE SEA
Annotation: the article focuses on the legal status of the Gulf of Fonseca, which coasts are the territories of the three coastal states: Nicaragua, El Salvador and Honduras. The above-mentioned legal status is depicted in detail in the Judgment of International Court of Justice, 1992. The article examines how international law concerning historic waters is interpreted by the International Court of Justice.
SPACE LAW
Commercialization of space activities is the main tendency of development of the world cosmonautics. With the growth of a global space market the interests of the private space sector come to the fore, which increases significantly a possibility of conflicts among all space actors: states, international organizations and commercial companies. Current nonbinding dispute resolution mechanisms, first of all diplomatic settlement, are not sufficient any longer to ensure safety, security and stability of space operations.
This article analyses general and specific methods of settlement of disputes arising from the exploration and use of outer space, as well as prospects of enhancing the existing dispute resolution mechanisms in International Space Law.
INTERNATIONAL ECONOMIC LAW
Regional instruments of the international law regulation of interstate relations in the field of communication are considered. The article shows the successful legal practice of the Regional Commonwealth in the field of communication within the framework of universal cooperation.
The history of the anti-dumping regulation formed by two closely interrelated components: national and international. Antidumping regulation was born on a national basis. The uniform rules consist of article VI of GATT and special international agreements, commonly referred to anti-dumping codes. Following the adoption and changes of the uniform rules new provisions and changes in anti-dumping laws are adopted. The law of the United States notably stands out by its influence on the uniform rules, and specific approaches to resolving many issues. In the given article an attempt to discover the issues of development of international component of the antidumping regulation is made.
ВНУТРИГОСУДАРСТВЕННОЕ И МЕЖДУНАРОДНОЕ ПРАВО
In the present article the texts of constitutions of various states are analyzed in terms of references to international commercial arbitration therein. Such analysis allows us to see the legislator’s attitude to the arbitration proceedings, which is in direct correlation with the tendencies of development of the international commercial arbitration institution in such country also allowing determining certain regular patterns in its overall development.
ЕВРОПЕЙСКОЕ ПРАВО
The article indicated by the problems of the International Procedural Law paradigm; provided the author’s concept of a broad understanding of the Council of Europe procedural law. The place of the constituent process as a kind of legal process of the Council of Europe was defined. It was identified the basic steps of the constituent process: 1) confer powers on the Council of Europe by States according to the constituent treaty 2) formation of the system of Statutory bodies and specialized agencies, preparation and distribution of the budget, and 3) the reform of the institutional system and maintain its viability and effectiveness.
VOICES OF THE YOUNG
Due to the recognition of the possibility to impose international legal responsibility on international organizations, the issue of legal means of settling disputes involving international organizations as parties to them is of particular interest.
In circumstances where the International Court of Justice (ICJ) has no contentious jurisdiction under its Statute over the cases involving international organizations the special emphasis should be placed on such an instrument of international dispute settlement as international arbitration.
To that end the article seeks to illustrate the very important role that the Permanent Court of Arbitration (PCA) as a universal arbitral tribunal may play in matters relating to the implementation of the responsibility of international organizations.
The article is devoted to the concept of “humanitarian intervention” and the sovereignty of the states. The overall conclusion is that basic principles of international law must be respected. From this perspective, the use of humanitarian intervention in the western interpretation (intervention in Livia and Iraq) is not compatible with the purposes and principles of the UN Charter.
BOOKSHELF
ЮБИЛЕЙ
ISSN 2619-0893 (Online)