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Moscow Journal of International Law

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No 3 (2011)
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https://doi.org/10.24833/0869-0049-2011-3

ВОПРОСЫ ТЕОРИИ

3-16 986
Abstract

The doctrinal approaches are examined both in Russian and Western doctrines concerning the problem of international law system at modern stage. The article touches upon fundamental bases in the field of law theory. The following concepts are analyzed, for example international law system, legal system. There is also comparative analysis between the concepts. The are many questions that are analyzed: what is the definition of the international law system, what are the features of the international law system, what are the further development of the international law system. In the conclusion authors offer their own definition of the international law system.

17-29 510
Abstract

The article contributes to discussion over the nature of Sovereignty and current characteristics it has acquired, including the impact of globalization processes on it.

HUMAN RIGHTS

30-49 540
Abstract

This article refers to historical development of Arab-Israeli conflict with special accent to Palestinian refugees’ problem. The article contains analysis of UNRWA mandate, notion of Palestinian refugees as well as latest events in the Middle East. The author also describes his own view of this problem and offers certain measures to resolve it.

INTERNATIONAL SECURITY LAW

50-67 654
Abstract

The article attempts at defining international legal basis and criterion of legitimate compulsion in the intergovernmental relations, revealing main and competence of the UN’s Security Council for its realization.

МЕЖДУНАРОДНО-ПРАВОВЫЕ ОСНОВЫ БОРЬБЫ С ПРЕСТУПНОСТЬЮ

68-80 634
Abstract

The article presents an analysis of the model legislation of the Commonwealth of Independent States in the sphere of fighting against terrorism financing. Suggestions on increase of its effectiveness are developed. This legislation has been tested for its adherence to international standards in combating terrorism and its financing. Particular attention is paid to harmonization of national legislation of CIS member-states in this area.
The author comes to the conclusion that the system of fighting against the terrorism financing, developed by the CIS Inter-parliamentary assembly, is actual and effective, except for some gaps in the model legislation, mainly concerning determinations of concepts. The exit from the current situation is complicated by the lack of a unified approach of scientists and practical workers, regarding the definition of terrorism.

МЕЖДУНАРОДНОЕ И ВНУТРИГОСУДАРСТВЕННОЕ ПРАВО

81-99 493
Abstract

Since securing an internationally legal status of permanent neutrality of Austria continues to play a significant role in providing both its national and regional and global security. This particular personality ensured that state opportunities for sustainable peaceful development and is not accompanied by restriction of its sovereignty to prove its compliance with the fundamental norms and principles of international law, and furthermore contributed to their compliance as one of the necessary legal guarantees. The fact that Austria’s neutrality is not equivalent to self-isolation confirmed later entry into the European Union. However, it should be noted, and the fact that membership of the state with a given supranational organization, which is essentially a political and economic union, ambiguously perceived in some scientific and official circles, and by the way, not only within the country itself but also outside it. Disputes are mainly about the fact that Austria is at the same time maintaining its recognized status is slowly being drawn in by the reformed and is now in the EU military structures. How compatible in this respect the rights and obligations of Austria with its constitutional law and the UN Charter, the main subject of research of this article.

ЕВРОПЕЙСКОЕ ПРАВО

100-110 485
Abstract

Public relations in the course of securities market regulations have been considered in the article. Particular groups of such relations have been highlighted, relevant EU legislation has been listed, and the emergence of the term “EU Stock Law” has been justified.

VOICES OF THE YOUNG

111-126 623
Abstract

At the present moment in the light of increasing anthropogenic stress a question regarding use of indigenous people knowledge, socalled «traditional knowledge», which according to scientists could play a considerable role in preservation of natural ecosystems gains enormous significance. Application of the given knowledge has particular importance as part of environment impact assessment which allows to effectively estimate adverse influence on the environment and to take all measures for its prevention or at least reduction.
For this reason high efforts of the states both on international and on national levels are directed on development of definition of the given concept, creation of system of traditional knowledge protection while taking into account their features, indissoluble connection with a life and culture of the indigenous people. The question of the given knowledge use in Arctic is extremely urgent due to biosphere, climate role of that region and also its special sensitivity to various kinds of pollution. Application of traditional knowledge at all stages of energy projects development would allow to forecast possible consequences and to reduce present uncertainty of scientific data concerning the Arctic region in view of its insufficient level of scrutiny and difficulty of empirical material collection.

127-140 538
Abstract

This article addresses rather interesting aspects of security interests arising under international commercial transactions and in particular covers the following issues: conceptual background of the problems associated with security interests; prerequisites, objectives and methods of international legal unification of security interests, as well as principal recent projects existing in this area of unification.

ДОКУМЕНТЫ



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