No 3 (2014)
ISSUES OF THEORY OF INTERNATIONAL LAW
19-45 1288
Abstract
The article suggests a defi nition of globalization and considers its impact on the development International Law. The characteristics of the supremacy of International Law are also stated. Considered are series of new issues of International Law, generated by globalization: international protection of human rights, responsibility to protect, international legal prohibition of cyberattacks, conception of imminent armed attacks, legal force of the UN Security Council’ resolutions and other.
46-64 1602
Abstract
The author makes a brief view on the history of the international relations and international law in connection with stages/periods of development of international law. It is used theory and philosophy of civilization approach. On this basis the periodization of international law accepted by the Russian international legal doctrine is critically comprehended. The author exposes his subjective view on the role of the western civilization in the World order, and also on common part of international law as creation of the West.
HUMAN RIGHTS
65-83 988
Abstract
Discussed in the article is the question of adoption of International Pact of Human Duties. Investigated are the peculiarities of appearance and development of this concept in historical perspective. Within this context analyzed are the views of philosophers, scientists, public fi gures, corresponding items of the General Declaration of Human Rights of 1948 and American Declaration of Human Rights and Duties of 1948, other international - law documents as well as of national legislation (the Constitution of the Russian Federation including).
84-101 864
Abstract
The present article is devoted to the analysis of the Agreement on the Legal Status of Migrant Workers and Members of Their Families, signed in St. Petersburg in 2010 in comparison with the recently signed Treaty on the Eurasian Economic Union. The subject of analysis is the legal regime for migrant workers from the states of the Common Economic Space, acting on the territory of the Russian Federation. The analysis of the legal regime is performed based on its specifi city: the features of employment of migrant workers; conditions of temporary stay; registration procedures; measure of migrants labor rights, and other rights that apply including family members of migrant workers; taxation of migrant workers income. Concludes that there is a special regime for migrant workers from the Republic of Belarus and the Republic of Kazakhstan.
INTERNATIONAL HUMANITARIAN LAW
102-118 1673
Abstract
The initiative of Russia to convey the Brussels Conference of 1874 of the European states to codify the laws and customs of war, where professor Martens presented his project of the Convention of the Laws and Customs of War. The participant states recognized the importance of the Russian proposal. However, due to discord between them they had not come to a common decision on agreement on the text of the International declaration of the Laws and Customs of War.
LAW OF THE SEA
145-170 1605
Abstract
The Legal Regime of the Arctic Ocean is considered in the context of applicable customary rules of International Law relating to delimitation of the Arctic shelf. Such terms of International Law as «delimitation» and «delineation» of the continental shelf are compared. The current position of the Russian Federation relating to the boundaries of its continental shelf is analyzed and the necessity of its correction is asserted.
SPACE LAW
119-144 1845
Abstract
The problem of using the environment for present and future generations, of course, applies to space activities. Space activity contributes to sustainable development. However, despite the enormous benefi ts this activity also has a negative impact both on the Earth’s biosphere (the earth’s surface, surface and ground water, vegetation, living organisms, atmosphere, the ozone layer), and on near-Earth space. This paper examines national and international legal framework to support sustainable development during space activity. Emphasis is placed on analysis of recent international legal instruments related to space security: «Guidelines for Space Debris Mitigation» (2007) «Framework for the safe use of nuclear power sources in outer space» (2009). Proposed the establishment of a special international instrument to address environmental damage compensation from the rocket and space activities. Expressed caution against extrapolating national environmental legislation on international relations.
INTERNATIONAL ECONOMIC LAW
171-191 3079
Abstract
The article gives grounds for necessity of interaction of international environmental and international economic law. Such interaction makes regulation of international relations effi cient and comprehensive. Interaction of these branches of international law doesn’t lead to their integration but points out necessity of combined application of their norms which regulate one and the same international relations. Interaction of international environmental and international economic law gets to a new level of quality today. This process is determined by necessity of «ecologization» of international economic relations. Moreover such necessity is connected with environmental protection, defense of environmental human rights, environmental security and sustainable use of natural recourses as well as with economic development.
192-197 659
Abstract
International project ROTAKS with the participation of the Russian Federation incoming to the competition with other submarine cable networks of the foreign operators and representatives of the telecommunications market Eurasian transit - one of the most important factors in improving the global infrastructure and the legal regime of telecommunications projects. Implementation of the project ROTAKS is carried out by laying fi ber-optic link at the bottom of the Arctic Ocean.
VOICES OF THE YOUNG
205-216 820
Abstract
This article focuses on general characteristics and legal basis of the election system of the Swiss Confederation - the member-state of the United Nations, which ranks ninth place in the world in the Human Development Index according to the UN Human Development Report of 2013. The author examines and analyzes the federal election legislation and the election legislation of the cantons, highlights its main characteristics and principles, as well as analyzes the relation between the federal and the cantonal election law. Special emphasis is paid to the rules of the election results appeal, as well as to the legal liability for electoral violations. Thus, the basis of democratic elections are ensured by transparency of the electoral process and mechanisms for the protection of citizens’ constitutional rights.
ЮБИЛЕЙ ГЛАВНОГО РЕДАКТОРА
ИЗБРАННЫЕ ДЕЛА ЮРИДИЧЕСКОЙ КОМПАНИИ «МОНАСТЫРСКИЙ, ЗЮБА, СТЕПАНОВ И ПАРТНЕРЫ»
198-204 2226
Abstract
Нам хотелось бы рассказать об интересном и поучительном судеб- ном деле на, в широком смысле слова, тему защиты иностранных инвестиций в РФ. Речь пойдет о споре, демонстрационном в плане состояния именно сегодняшней правовой среды и, с другой стороны, крупном и показательном в смысле тех правовых сюрпризов, которые часто неожиданно возникают в нашей юридической действительности и особенно при разборе дел в государственных судах.
ISSN 0869-0049 (Print)
ISSN 2619-0893 (Online)
ISSN 2619-0893 (Online)