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Moscow Journal of International Law

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No 2 (2011)
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https://doi.org/10.24833/0869-0049-2011-2

ВОПРОСЫ ТЕОРИИ

3-22 440
Abstract

The article depicts the development of international law applicable to establishment by the coastal state of straight and normal baselines; the contribution to such a development of the ICJ judgment of 1951 on the dispute between Great Britain and Norway and subsequent taking this judgment into account by the UN International Law Commission and the 1-st UN Conference on the Law of the Sea, 1958. A Commentary to the relevant rules of the UN Convention on the Law of the Sea, 1982, is also considered.

23-41 696
Abstract

The article focuses on problem of combination of national and international sources in the regulation of labour. It is argued that certain important elements of international labour law do not fit into traditional international (public) law system. As long as it is incorrect to treat the international labour law as a separate branch of law, it is proposed to limit the application of this term only in respect of a legal discipline. In the same time this discipline is supposed to focus not only on international sources of law but on other national and private sources that are applied beyond the territory of certain state.

HUMAN RIGHTS

42-64 684
Abstract

This article tentatively outlines whether the contemporary legal system of the Russian Federation allows substantive public participation, in accordance with the central human rights instruments. The author concludes that Russian law provides for quite extensive opportunities for the citizens to engage in political decision-making, at least formally. However, separate cases of law application in courts and administrative organs allow serious deviations from the relevant international standards.

65-77 544
Abstract

In this article provisions of Russian legislation are compared with provisions of Convention on Human Rights and Biomedicine. The author has identified certain discrepancies and gaps in Russian laws relating to biomedicine. However these discrepancies and gaps shall not prevent accession of Russia to the Convention. Herewith the work shall be conducted at two levels: adoption of new legislation and necessary amendment of existing laws as well as assumption of new international obligations.

ВОПРОСЫ ИСТОРИИ

78-93 594
Abstract

This article considers the views of famous legal scholar Johann Caspar Bluntschli regarding the unification of the states of Europe and the entire world in the framework of a confederation of sovereign states. The author examines a number of works of Bluntschli and comes to the conclusion that his views have significantly influenced beliefs of the subsequent generations of political, public and scientific figures in many countries of the world and thus have substantially contributed to the formation and the development of idea of the European unity and to the establishment of the modern European Union. In this regard it is argued that the Bluntschli’s plan is indisputably a significant stage in the development of the theory of interstate integration both in Europe and in the entire world and that it is of great importance in the matter of the further development of international law, the promotion of close international cooperation and the maintenance of peace and security all over the world.

МЕЖДУНАРОДНОЕ ПРАВО ОКРУЖАЮЩЕЙ СРЕДЫ

94-106 399
Abstract

The article is devoted to the Energy Charter Treaty. The main objective of the Energy Charter Treaty is to reduce or eliminate risks connected with investments and transboundary flows in the energy sector. The Energy Charter Treaty has a special position providing a unique multilateral protection regime for investments in the energy sector. The investment issues are fairly new in international agreements.
Concerns relating to climate change and other environmental consequences of energy production and use are focused in the world on problems of energy efficiency. Various international forums, in particular, those of FCCC member-states, stress the importance of efforts aimed at raising energy efficiency and limiting greenhouse gas emissions.

LAW OF THE SEA

107-134 398
Abstract

The illegal fishing is a fishing, which is conducted when vessels operate in infringement of applicable laws and regulations. The unreported fishing is a fishing, which was not reported or was reported incorrectly in infringement of applicable laws and normative positions. The unregulated fishing is a fishing in the area that is not affected by any measures of conservation and management. IUU fishing is a global problem that occurs in all areas of the oceans. Many states have developed national plans which are based on the International Plan of Action to prevent, deter and eliminate IUU fishing to struggle against such fishing.

INTERNATIONAL ECONOMIC LAW

135-149 680
Abstract

In the scientific article on the bases of normative and other material study the author analyzes international guarantees of foreign investment protection. The analysis of sources of these guarantees showed that the foreign investments are under regulated influence not only of public but also private law. At that granting law guarantees to the direct foreign investments is basically a private law act in content but in form it can be realized in the international public legal status.
In the article the author pays special attention to the intrastate legal acts corresponding to the international law documents that is in point of fact appear a key factor of the foreign investments goal.

150-162 768
Abstract

The article correlates the current trends of international protection of intellectual property with objectives and methods of teaching in this field. The author gives the notion of international protection of intellectual property from the theoretical and practical points of view. Tacking into account domestic and foreign doctrine, law and practice the article sets out thematic plan and methodology of the academic discipline “International protection of intellectual property”. Particular attention is given to the development of conflict of laws in the field of intellectual property.

VOICES OF THE YOUNG

163-173 800
Abstract

The article focuses on issues relating to international protection of the rights of children living in socially dangerous situation. In particular, it examines various international instruments that address the rights of children. Such documents include, for example, the Geneva Declaration of the Rights of the Child (1924), Declaration on the Rights of the Child (1959), the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (1966), Convention on the Rights of the Child (1989) and others. In addition, the article focuses on such leading international organizations like the UN Children’s Fund (UNICEF), as well as specific monitoring mechanism ‒ the UN Committee on the Rights of the Child, which acts as a guarantee of protection of the rights of children living in socially dangerous situation.

174-186 418
Abstract

The article reviews place and role in the finance law of the European Union of the host member state control principle related to operations of credit and financial institutions in EU, as well as it discovers sources and legal grounds for such principle. The emphasis is given by the author to the analysis of the Directive in relation to the main powers of the host member state. The article examines specifics of the host member state, the home country and the professional client concepts. Additionally types, varieties and content of host member state control regulations for companies rendering financial services are being observed. The author hereby addresses range of problems arising out of absence of distinct separation and duplication of control powers between the home and the host EU countries. The article characterizes the role of the Court of Justice of the European Union in affirmation of the host member state control principle in the European finance law. Therewith the article reviews the case-law of the Court of Justice of the European Union which has great impact on formation and development of the host member state control concept. The article is being finalized by analyses of the current control strategy over capital movement in the European Union.

187-197 480
Abstract

In recent years there has been seen rapid growth of interest in the Arctic marine oil and gas, which supposedly constitute 30-40 % of the world’s undiscovered oil and gas resources. At the same time, accidents, which could take place while developing of the resources, can not only cause irreparable injury to the Arctic ecosystem, but have global consequences. This article analyzes current international law regulating the development of the Arctic marine oil and gas resources and examines one of the directions of its development ‒ cooperation amount the Arctic States in international organizations and forums, creating “soft-law” rules. The article also considers to acts of international non-governmental organizations (unions, associations and etc.). In conclusion, the article analyzes the advantages and disadvantages of using of the “soft-law approach” to regulate the development of the Arctic marine oil and gas resources.

198-206 372
Abstract

This article discusses the group of the cases of the European Court of Human Rights against Russia, which contain structural, repeated violations of the Convention on the Protection of Human Rights and Fundamental Freedoms. It is so-called “clone cases”. Readers’ attention is invited to the 5 major groups of cases, including cases of default decisions of Russian courts, as well as the “Chechen” cases, and others. Also the article includes fresh statistics of the European Court of Russian affairs. The author examines the general measures adopted by the State for execute the “clone cases” of the European Court of Human Rights, examines effectiveness of execution and offers some recommendations for make the situation better.

ХРОНИКА

207-211 292
Abstract

This article contains information on the conference “Current problems of international legal migration safety promotion in Russia” which is regularly organized by the Academy of Economic Security of the Ministry of Internal Affairs of Russia. Specialists in various fields of migration participate in the conference and discuss the most acute migration problems.

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