Preview

Moscow Journal of International Law

Advanced search
No 1 (2012)
View or download the full issue PDF (Russian)
https://doi.org/10.24833/0869-0049-2012-1

МОСКОВСКОМУ ЖУРНАЛУ МЕЖДУНАРОДНОГО ПРАВА – 20 ЛЕТ!

ВОПРОСЫ ТЕОРИИ

8-28 666
Abstract

First of all the globalization is a social, economic and political phenomenon. It is a planetary (global) oriented universal expansion of individuals, collectives, states, international bodies etc. within the spheres of trade, financial flows, enterprises, communications, informatics, science, technology, culture, religion, criminality etc. It is legally and internationally regulated mostly only within the sphere of trade – WTO. One of the main characteristics of globalization is its obvious inconstancy. The peak of a mordent phase of globalization was the end of 20th century. Now it is estimated to be on decline.

29-48 2108
Abstract

The article deals with theoretical and practical aspеcts of defining subjects of international law, characterizing main and secondary subjects of international law. The article considers issues of legal personality of states, nonstate actors, individuals and legal entities. Special attention is paid to legal personality of the European Union, which is constantly attaining features of a legal person sui generis.

49-54 1451
Abstract

The article deals with theoretical and practical aspеcts of the role of the doctrine in the contemporary international law. On the one hand, the author considers the doctrine as a system of views and purposes of international law in conсrete historical conditions. On the other hand, the author analyzes the role of the teachings of the most highly qualified publicists of the various nations as subsidiary means for the determination of rules of law.

HUMAN RIGHTS

55-88 458
Abstract

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 civil rights, which the ICRC may invoke in its humanitarian action, as well as the conditions for their invocation in the ICRC practice.

INTERNATIONAL HUMANITARIAN LAW

89-110 547
Abstract

The article is dedicated to the historical and legal analysis of issues and the development of one of the special (branch) of the principles of international humanitarian law ‒ the principle of protection of civilian objects in armed conflicts. The author develops her analysis and examines the formation of the protection of civilian objects in the context of direct public international law taking into consideration international agreements, existing opinions of philosophers, historians, scholars of international affairs.
The article describes current contribution of the international community in progressive development of rules on the protection of civilian objects in armed conflicts, but also focuses on the conflict in Libya from the position of violations of the protection of civilians and civilian targets by NATO.

INTERNATIONAL SECURITY LAW

111-124 465
Abstract

The process of establishing a nuclear-free zone in Central Asia ended, and was held in difficult conditions. In present article analyzes the difficulties of her contractual fixation, considered the positions of States in this question, which have great importance for ensuring strategic stability and security in the region and the world. The authors give their analysis of the situation, and are suggesting the ways of the completion of implementation of the idea of establishing a zone in the region, guaranteeing the extension space of non-proliferation of nuclear weapons.

125-140 523
Abstract

The article contains international legal qualification of unilateral actions of the USA resulted in elimination of Osama bin Laden. The author examines the issue of legality of use of force on the territory of foreign states in case of threat to national security and omission of local authorities. In conclusion the author raises the question of further development of the institute of international responsibility of states and adoption of relevant counteractions.

МЕЖДУНАРОДНОЕ ЭКОЛОГИЧЕСКОЕ ПРАВО

141-159 595
Abstract

The article reveals the importance of wetlands as specific foci of biodiversity as a stabilizer of climate, as a source of drinking water, as the habitat of rare, i.e. migratory, wild animals. The history of elaboration and adoption of the 1971 Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat is briefly analyzed. The obligations of States under the Ramsar Convention, the criteria for classification of wetlands in the category “wetlands of international importance”, the essence of the Montreux Record and of Ramsar advisory missions are disclosed. Specific instances of the practice of different states, when the inclusion of wetlands in the Montreux Record and dispatch of the Ramsar advisory missions led to the improvement of their ecological status. On the bases of Russian transboundary wetlands it is concluded that Russian national legislation should be further developed and improved.

LAW OF THE SEA

160-183 832
Abstract

The concept of transit passage through international straits evolved as a compromise that secured agreeing upon the United Nations Convention on the Law of the Sea (1982). This paper examines the legal substance of the regime in question and provides various approaches to the interpretation of the relevant provisions of international law of the sea. It further defines specific legal regimes of separate straits.

SPACE LAW

184-193 488
Abstract

Now, after fifty years of space exploration, the world is facing a new challenge – transition from scientific research to practical use of space for the benefit of humanity. To ensure transfer of perspective space technologies to the Earth economy space-faring nations are developing comprehensive regulatory frameworks for innovation-based development to ensure strong positions of national enterprises in world space markets.
This article covers international law aspects and specific features of US and European space legislations on innovations. Legal mechanisms and strategies successfully applied in these regions can be a starting point for modernizing other world economies oriented to innovative development.

INTERNATIONAL ECONOMIC LAW

194-216 615
Abstract

The article is devoted to analysis of the existing international rules for technology transfer in the context of scientific and technological globalization. The goal of this article is formulation the problem submission of international technology transfer to achievement MDGs. The author begins to negotiate that technology transfer needs to arising from both international economic benefits and noneconomic benefits. Much attention is paid to features of international legal regulation of technology transfer. The article examines the correlation between global technology transfer and global technology gap. It also demonstrates role of contemporary international economic law in control and regulation technology flows.

217-228 1366
Abstract

The article attempts at forecasting the development of international trade law, affected by the process of globalization. The author points out the contents of certain principles, functions, subjects and method of international trade law and considers the relation between the WTO law and international law.

INTERNATIONAL PRIVATE LAW

229-240 550
Abstract

This article analyses sovereign wealth funds (SWFs) as a new vehicle for active participation of states in international capital flows. As well as multinational corporations, SWFs cannot be recognized as the subjects of international law, and the governments should not provide them with sovereign immunity.
The rapid growth of SWF investments in economies of developed states causes reasonable concern of host-countries. In Russia this concern became the basis to forbid foreign governments to acquire control over business entities of strategic importance for national defense and state security. For these purposes the criterion of origin of capital is considered as effective means to indicate investors controlled by foreign governments.

VOICES OF THE YOUNG

241-254 441
Abstract

The issue of Matrimonial Property is one of the most complicated issues in the Family Law of any country. But the experience of Spain in this field is the brightest example of how diversified and detailed legislation on issue of Matrimonial Property can be in the territory of one state.
There is no separate Family Code in Spain and the issues of Matrimonial Property are regulated by the Civil Code of 1889. The regulations of the Civil Code are considered to be the common norms.
Besides general norms of Civil Code in Spain there is such a phenomenon as Foral Law which for centuries has been reflecting well expressed realities of way of life as well as historical peculiarities of separate administrative territories which for the last scores of years started to take forms of law. It does not concern the common regional law but the diverse regional law of each separate territory. And the regulations of Foral Law are prevailing over the general norms of Civil Code which are additional in these territories.
As far as the general norms regulating Matrimonial Property are concerned there are 129 articles dedicated to it in the Civil Code of Spain.
Such a detailed approach to the legal solution of such issues like for example family arrangement in case of divorce is of considerable interest for Russian Family Legislation.

255-269 477
Abstract

The article examines the concept of international governance which is largely due to the efficiency of natural resources dispute settlement, supranational phenomenon in contemporary international law, formation and enrichment of the concept of sustainable development in light of the planned Conference on Sustainable Development in 2012. The author highlights the important issues in activities of international governmental organizations and international judicial institutions related to natural resources exploration, prospecting and exploitation.

ДОКУМЕНТЫ

НЕКРОЛОГ



Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


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