МОСКОВСКОМУ ЖУРНАЛУ МЕЖДУНАРОДНОГО ПРАВА – 20 ЛЕТ!
ВОПРОСЫ ТЕОРИИ
The article depicts the contemporary role of international custom in the current international law, as a theoretical interpretation of art. 38 of the Statute of the International Court of Justice.
HUMAN RIGHTS
Throughout a considerable part of its history, the International Committee of the Red Cross (ICRC) has customarily refrained from invoking international human rights law, for reason of this law’s alleged politicisation. However, the changing character of armed conflicts and other situations of violence where the ICRC is currently operating have prompted it to set a framework for making some limited use of selected and applicable human rights, for the purpose of reinforcing the protection and assistance it provides. This article examines the norms of international law representing social and economic rights, which the ICRC may invoke in its humanitarian action, as well as the conditions for their invocation in the ICRC practice.
The basic international rules and principles to provide the protection to Refugees, Asylum-Seekers and Internally Displaced Persons in war conditions are analysed in the above article. Especially, the provision of IV Geneva Convention 1949 and two Additional Protocols 1977 to Geneva Convention is considered regarding forced migrants situation. Some legal approaches are proposed in order to define their status, measures of internment and the modern backgrounds of humanitarian treatment of civilians. The functions of UNHCR and ICRC to support the protected persons in the conditions of war conflict are examined. The doctrines connected with the implementation of universal Human Rights treaties become truly demanded in war period.
LAW AND POLITICS
Shocks that have been provoked by the revolution often change political and legal order in the countries undergone revolutionary collapse. One of the results of the revolution is the problem of legitimation of the new political regime. In practice the issues of recognition of the new state in international affairs. The present article analyses typology of revolution as political and legal phenomenon; it also examines possible ways of legitimation of the new state power.
The author offers for theoretical discussion his proper vision on the set of certain conditions which determine the sustainability of the global legal order. Those conditions are argued in this article on the base of the actual international law doctrine.
SPACE LAW
The development of space activities provides for economic growth, scientific, technical and social development, strengthening of the defensive power. A developed insurance system protects space operators against financial consequences of a possible damage.
States are obliged to compensate any damage to third parties caused by national space activities under the 1967 Outer Space Treaty and the 1972 Liability Convention. To ensure performance of the obligation specific insurance mechanisms were implemented in national space laws. This article analyses regulatory insurance regimes and provides an insight into the current state and perspectives of Russian space law covering third party liability insurance.
ВОПРОСЫ ТЕРРИТОРИИ
Reversal of the Norwegian policy in the middle 70s of the past century towards unilateral regulation of economic activity in the 200 Mile maritime zone beyond the limits of territorial waters of Spitsbergen induced mixed response on the part of interested states. The majority of arctic states took negatively the efforts of Norway to modify the current multilateral regime of maritime zones of Spitsbergen which was based on Paris Treaty 1920 and still do not recognise the jusridictional claims of Norway which do not find their support in Paris Treaty 1920 by its integrated analysis. In this publication the author aims to draw attention of the Russian audience to the standpoints of some foreign states that are broadly involved in the economic activity in the Spitsbergen waters, with regard to extension by Norway of its jurisdictional claims beyond the territorial waters of Spitsbergen.
ИЗБРАННЫЕ ДЕЛА КОЛЛЕГИИ АДВОКАТОВ “МОНАСТЫРСКИЙ ЗЮБА СТЕПАНОВ И ПАРТНЁРЫ”
Let me thank the authors of this conference for the granted opportunity to speak on a most important topic regarding responsibility for non-compliance with competition law. In the narrow legal sense, such responsibility means any penalties being imposed on a violator. They are the main tool for regulation, because their effectiveness, clearness, efficiency and predictability should force any person to comply with the regulatory and, as concerns competition, any personal prescriptions issued by the competent authorities. If an enforcement mechanism is imperfect, then it will promote disorder rather than order. According to the law, a guilty person may incur administrative, civil or criminal liability. The third antimonopoly package contains a number of novelties in this regard.
VOICES OF THE YOUNG
The article is dedicated to characteristics of relationship between executive and legislative branches of power in Israel where the Government of the Country has a big influence on Parliament functioning during all the history of the State. The topicality is stipulated by examination in the article of new suggestions, implementation of which could improve the effectiveness of parliamentary control over the activities of the Government.
The present paper is dedicated to research into measures taken under auspices of IMO and UNEP which are aimed at environmental protection of the World Ocean and its particular regions. The special emphasis is made on the active role of the mentioned international organizations in initiation and strengthening of regional cooperation of coastal states on this matter.
ХРОНИКА
ISSN 2619-0893 (Online)