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Moscow Journal of International Law

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No 3 (2010)
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https://doi.org/10.24833/0869-0049-2010-3

HUMAN RIGHTS

3-20 364
Abstract

The article reviews the development of the institution of citizenship in the Republic of Abkhazia as a new subject of International law. The recognition by the Russian Federation made on August 26, 2008 has become the key element of establishing its international subjectivity of the Republic of Abkhazia.
The legal institute of citizenship of the Republic of Abkhazia is developing since the demise of the Soviet Union when Abkhazia declared its sovereignty and afterwards – independence, through the period of successful for Abkhazia war with Georgia (1992-1993).
Sustaining that the main problem for legal regulation of citizenship is the issue of double citizenship and its recognition, the article analyzes legislative and political aspects of the problem. A particular attention is paid at scrutinizing the issue of double citizenship as regulated by the Treaty of Friendship, cooperation and mutual assistance between the Russian Federation and the Republic of Abkhazia.

21-38 672
Abstract

Self-Determination Right is still an object of dispute among international jurists. It often becomes a stumbling block and leads to inter-ethnic conflicts. There are two aspects of the Self-Determination Right: internal and external Self-Determination. According to International Law Indigenous Peoples don’t have the Right to external Self-Determination, but they have internal one which may be realized in the form of Autonomy. Indigenous Peoples may realize their Right to Self-Determination considering the Sovereignty and Territorial Integrity of the State. Nevertheless there is necessity to specify the Self-Determination Right of Indigenous Peoples, its content and realization limits of this Right.

39-48 939
Abstract

The article is devoted to the issues of the contemporary realization of the principle of self-determination of peoples in international law. In this relation the research outlines that this principle belongs to one of the most contradictory principles of international law and on this ground in practice the realization of the principle requires сlear legal regulation. Both modern doctrine developments of the principle of self-determination of peoples and practice of international law in this area are examined in the article. As an outcome of the scientific research the author drew a conclusion that today is taking place a gradual institualization of international legal criteria of cesession which legalize the separation of administrative-territorial units from the state territory.

ВОПРОСЫ ИСТОРИИ

49-75 574
Abstract

The article is devoted to a number of contemporary published distortions of the legal consequences of the Great Victory of the Soviet Union, United States, Great Britain, France and other allied countries over Nazi Germany.
The following objects of such a distortion are legally assessed in the article:
1) Treaty on non-assault between the USSR and Germany of 1939 (compared with the Munich Pact of 1938 – the Agreement between Britain, France, Germany and Italy);
2) Legal environment of left movements in Estonia, Latvia and Lithuania in the 1940s and decisions of the parliaments of these Baltic states to become parties of the Treaty on Formation of the USSR;
3) Contemporary legal values of Yalta and Potsdam Summit Conferences;
4) International Law characteristics of those citizens of the Baltic States who served in SS troops of the Nazi Germany.
Special attention is drawn to the UN General Assembly resolution of 21 November 1947, according to which the International Law Commission was directed to formulate the Principles of International Law recognized in the Charter of the Nurnberg Tribunal and in the Judgment of the Tribunal. Since the Nurnberg principles have been unanimously affirmed by the GA in resolution of 11 December 1946, they constitute principles of contemporary international law.
In this context the article provides some legal advice addressed to Law Enforcement Agencies of Great Britain, Russia and the USA as parties to the key international legal documents in which the Nurnberg principles are reflected.

INTERNATIONAL PRIVATE AND CIVIL LAW

76-87 351
Abstract

Trusts have widely spread in Europe during the last years. The Hague Convention on the Law Applicable to Trusts and on their Recognition established common conflicts of law principles on the law applicable to trusts for “trust” States and “non-trust” States alike. When trust assets, beneficiaries or trustees involve a “non-trust” State, then the question of jurisdiction of disputes arising from the trust occurs. According to international conventions signed by European States such disputes may be settled by a court of the State of the defendant’s domicile or by the court mentioned by the settler. In the USA an extrajudicial way of settlement of disputes from trusts is often used.

МЕЖДУНАРОДНОЕ И ВНУТРИГОСУДАРСТВЕННОЕ ПРАВО

88-103 363
Abstract

The article provides comparative analyses of the legal definition and some key legal characteristics of the legal capacity of legal entities of the People’s Republic of China and the Russian Federation. The author introduces legal analyses of the implementation of ultra virus doctrine in the PRC’s corporate law. The article gives some examples of latest court decisions dealing with ultra virus actions of Chinese corporations. The author also provides some practical legal guidance for Russian companies dealing with Chinese counterparts.

104-119 582
Abstract

The article includes the Swiss experience of human and citizen rights and freedoms development. Full number of topics on personality status as well as personal, political and social rights in Switzerland has been considered, including the right to life, freedom and inviolability of personality and private life, freedom of press, conscience and religion, freedom of unions and associations, demonstrations and assembly, minimal existence, strikes and one of the main rights of the country – the right to speak native language.

ИЗБРАННЫЕ ДЕЛА МЕЖДУНАРОДНОЙ ЧАСТНО-ПРАВОВОЙ ПРАКТИКИ КОЛЛЕГИИ АДВОКАТОВ «МОНАСТЫРСКИЙ, ЗЮБА, СТЕПАНОВ & ПАРТНЕРЫ»

VOICES OF THE YOUNG

130-147 625
Abstract

The article considers development of intermediary contracts under EU law. The author considers effective EU supranational legislation as well as “soft law” instruments regarding representation, franchise agreements, distributorship agreements and commercial agency agreement.

148-166 583
Abstract

There are many different opinions about place of the international transport law in a system of branches of the law. Various approaches exist. Some authors consider the international transport law as branch of the international private law, others as a sub branch of the international commercial law. There are concepts of reference of the international transport law in a system of the international administrative law. The international transport law is represented as sub branch the international economic law, as the complex branch uniting in of norm of a various branch accessory, as interdisciplinary institute. The question on a branch accessory has both theoretical and practical value as the branch accessory specifies in applicability of principles, allows understanding the basic beginnings of construction and essence of concrete rules of law.
For the analysis of a branch accessory of norms, revealing of a place of certain group of norms in legal system have been used certain criteria: a subject of legal regulation, methods of legal regulation, autonomy of norms, institutional mechanism, special principles, sources, feature of responsibility. Following the results of the analysis made a conclusion that at the present stage of development international transport law is the sub branch of international economic law. It regulates the interstate relations developing in the course of realization of the international transportation activity.

167-179 416
Abstract

There is no universal juridical definition of marriage neither in the Civil Code of the Kingdom of Spain nor in the Family Code of Russian Federation. But the definitions of marriage proposed in Spanish and Russian literature are almost similar and can be confined to the following: marriage is a monogamy union of a man and a woman subject to special conditions provided by the statute of law.
All the special conditions and impediments of marriage prescribed by the Civil Code of the Kingdom of Spain and the Family Code of Russian Federation are studied in details in this article.
Summing up all the ideas presented in the article we can come to the conclusion that marriage conditions under Spanish and Russian law are quite alike except the novelty of the Spanish legislation relative to same-sex marriages and absence of vested rule of the impediment of marriage by the reason of legal incapacity in Civil Code of the Kingdom of Spain.

180-200 1290
Abstract

This article relates to disclosure of the concept of principles of international economic law. Domestic and foreign authors’ approaches on how to treat principles of international economic law as legal regimes and standards, as well as some arguments regarding the impossibility of such treatment are presented there. A list of principles of the international economic law, which is not exhaustive, as well as international documents, which set forth or specify the principles under the question, are given. The question of legal availability in the treaties of the category of “economic sovereignty” became the subject matter under analysis. Current positions on recognition of a legal binding or, in contrast, non-binding nature of these documents and, as a result, statements related to the «soft law», which is indicated by different terms in doctrine, as well as the question of whether the principles of international economic law consolidated in these documents to be considered as mandatory, are reflected. The question relating to the forms of legal existence of the principles of international economic law with regards to external forms of expression, i.e. international treaty and international custom is perused.

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