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Moscow Journal of International Law

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No 4 (2010)
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https://doi.org/10.24833/0869-0049-2010-4

ВОПРОСЫ ТЕОРИИ

4-18 493
Abstract

The article is devoted to various aspects of correlation modern international law and technological progress. Much attention is paid to key tendencies of development of the international legal order in global context of high technologies. The author develops offers on perfection of balance of MDGs and states interests in science and technological areas. The article evaluates the international scientific and technological cooperation as a direction in contemporary world development. The analysis of role of international law in the technological progress is made based on various international legal acts and international legal doctrine. Author emphasizes the need for understanding of modern international law as valuable tool for international cooperation in the sphere of transfer of technology. Currently the international law is understood as a legal dimension of scientific and technological space.

HUMAN RIGHTS

19-30 381
Abstract

The article considers the condition and prospects of implementation of the UN Convention against torture in the Republic of Tajikistan and necessity of ratification of the Optional Protocol to it. The article analyzes the norms of the criminal legislation of the Republic of Tajikistan responsible for implementation of such an act as torture and its conformity with international norms and obligations taken under the ratified UN Convention against torture. For effective counteraction with torture at the legislative level it is offered to add a new article to the Criminal Code of the Republic of Tajikistan. The structure of the crime and its elements such as the object, the objective side, the subject and the subjective side has been analyzed.

ВОПРОСЫ ИСТОРИИ

31-48 356
Abstract

The article considers on dynamics of development of legal basis of Israel political parties in a complex and comprehensive way for the purpose of more deep understanding of formation and development specificity of multi-party system in the state. The Israel experience in constitutionally-legal regulation of political parties and their role in the social life of the country are represented.

INTERNATIONAL ECONOMIC LAW

49-67 389
Abstract

Uniform Economic Space (UES) of the Euro-Asian Economic Society (EuroAsES) is being formed on the basis of other regional unions’ experience. The experience of the European Union is of the most interest in this respect. Stages and forms of cooperation in this process of the EuroAsES states-members by many respects differ from the corresponding stages and forms of cooperation of the European states. Still there are certain common features. Russian interest in this question is in close cooperation with EU as well as in continuation of the integration process within EuroAsES. Specific nature of this problem is connected with newest tendencies in economic cooperation and integration within SIC, with Custom Union of Belorussia, Kazakhstan and Russia formed in 2009.

68-71 473
Abstract

This article discusses the conditions of membership and participation in The Offshore Group of Banking Supervisors (OGBS), its activities and objectives, as well as cooperation in international initiatives in the area of legal regulation of offshore financial centers.

INTERNATIONAL PRIVATE AND CIVIL LAW

72-85 577
Abstract

The article appears to be attempt to decipher such notions as “trade – related” aspects of IPR and “public interest” in The TRIPS Agreement. It is particularly striking that this article reveals that TRIPS negotiators, representing both developed and developing countries dedicated much effort and time to discuss antitrust-related concerns. This article covers few areas that give rise to many misunderstanding, among them compulsory licenses, control of anti-competitive practices in contractual licenses and parallel importations. This is also particularly interested in the implementation of TRIPS obligations.

ЕВРОПЕЙСКОЕ ПРАВО

86-110 375
Abstract

The article is devoted modern actual theoretical and practical problems of interaction international anticorruption and financial rules of law in sphere of prevention of financing of terrorism, corruption and washing up of illegal incomes in EU. It is shown that operating mechanisms of the currency control and bank supervision of EU of financial operations of subjects are necessary for strengthening anticorruption measures. International legal norms against financial criminality, corruption and terrorism financing should be transformed to norms of the national administrative, financial, anticorruption law. Theoretical positions of scientists in the field of the European Law about use of the integration law in the mechanism of struggle against financial criminality, legalization of criminal incomes and corruption are consecrated.

111-123 427
Abstract

The article describes issues on property rights in the European Court of Human Rights. According to the acting European Law certain laws, interests and claims of economic and property nature might be used as property. Analysis of category «legitimate expectation» plays a key role. This category is used by the European Court on making a solution relating to whether a concrete law or claim may be considered as possessions by implication Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. The content of the indicated category is shown by example precedent-related practice of the European Court of Human Rights.

124-130 379
Abstract

The article considers current tendencies of migration policies in the European Union including labour migration regulation, borders control, etc. The author concludes by analyzing patterns of optimization of the EU migration policy.

ИЗБРАННЫЕ ДЕЛА КОЛЛЕГИИ АДВОКАТОВ “МОНАСТЫРСКИЙ ЗЮБА СТЕПАНОВ И ПАРТНЁРЫ”

VOICES OF THE YOUNG

141-154 2402
Abstract

The article is connected with the choice of jurisdiction in cross-border transactions in the European Union. The key point is the substance of Forum Shopping procedure, its peculiarities and application. Due to the increase in cross-border transactions in the European Union the parties frequently use Forum Shopping procedure to choose an appropriate jurisdiction. Such application results in legal confusion, abuse or unfair competition affecting the internal market. Because of utmost importance of these issues the article focuses on “Forum Shopping” and analyses its theoretical as well as practical role.

155-175 534
Abstract

The catastrophic earthquake that devastated Haiti on January 12, 2010, drew aid from many countries and international organizations. However, despite rapid response of the world community, the large-scale relief operations were confronted by legal problems related to restrictions on entering the territory of Haiti and deployment of humanitarian efforts in that country by different international organizations, as well as by lack of a comprehensive body of codified international legal norms, enabling aid to be provided promptly and efficiently.
The article offers a review of international legal and other sources, applicable to regulation of provision of international aid to a country struck by a natural disaster, and provides examples when aid was admitted with consent of an affected country. It further discusses the threshold of the magnitude of a disaster in its relation to the scale and modalities of international response action. As a case-study, the article describes legal aspects of participation in Haiti earthquake response actions of Russian Emergency Ministry’s rescue teams and of elements US Armed Forces.

176-190 348
Abstract

The article considers questions concerning the application of Soviet, Russian nature protection legislation to the Arctic zone of the Russian Federation, the limits of this zone, and the role of the Arctic Council in the Arctic environment protection sphere.

191-204 387
Abstract

The article describes one of the grounds for rendering contracts invalid – infringement of public policy and good morals, analyses historical development of the terms “public policy” and “good morals” as well as legal regulation of this matter in the international private law, gives recommendations concerning improvement of the Russian legislation.

ХРОНИКА

205-208 350
Abstract

In 2009/2010 the Law Club at the Chair of International private and civil law of the MGIMO-University continued its work. Within the framework of the Law Club modern problems and aspects of private international and civil law are profoundly analyzed. The meeting of the Law Club of the 5th May 2010 was dedicated to the 15th anniversary of the Russian Family Code. Students of Baccalaureate and Master levels of the Faculty of International law and of the Institute of European Law participated in this meeting.

ДОКУМЕНТЫ



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