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Moscow Journal of International Law

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No 2 (2010)
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https://doi.org/10.24833/0869-0049-2010-2

HUMAN RIGHTS

4-19 445
Abstract

The analysis of the European Court of Human Rights’ decisions shows a well-established concept of the essence of the rights listed in the European Convention on Human Rights. The Court is inspired by the idea of a free democratic society, which is transferred into the principle of the effective enjoyment of all the conventional rights by everyone. It constantly recalls that it is for the contracting states to strike a fair balance between the individual interests and the public interest in promotion of democracy. Doing so, under certain circumstances they may take measures constituting interference with the interests safeguarded by the Convention. The research of the European Court’s jurisprudence allows us to characterize both the functions of the conventional provisions in the national legal systems and the state’s obligations and rights of private persons derived from these provisions.

INTERNATIONAL SECURITY LAW

20-36 528
Abstract

The article attempts at defining the concept of «world community» as a participant (actor) of legal and political collaboration in counteraction to transnational criminality, and at substantiating the course of its action, especially in creating the basis of international anti-criminal policy as well as tracing the reasons and conditions of terrorism and international terrorism existence.

INTERNATIONAL ORGANIZATIONS

37-47 1325
Abstract

This article examines the problem of supranational and the sovereignty of member states of international organizations. The issue of supranational of an international organization remains acute in the age of globalization when states are compelled to create international organizations to attain their objectives. States refer to the international organization a certain number of questions on which relations between them had been previously of a bilateral or multilateral character. After the consolidation of such questions into a treaty they become a subject of competence of the international organization. The states not only determine the competence of the international organization, but they also coordinate the division between its organs. The derivative character of the supranational organization`s competence becomes apparent in the fact that its institutions realize their competences within the limits and on conditions established by the constituent treaties.

INTERNATIONAL PRIVATE AND CIVIL LAW

48-69 409
Abstract

The article examines different theories, which were proposed in Western European literature for explanation of the notion of internationally mandatory rules (art. 1192 of Russian Civil Code). The content, advantages and disadvantages of the following theories are analyzed: theory of strictly territorial application of public law rules, special connection theory, theory of the proper law of contract, theory of taking internationally mandatory rules into consideration as facts of the case, as well as theory of special multilateral conflict of law rules.
The author does not recommend using different criteria in order to determine the opportunity of taking into consideration the internationally mandatory rules of lex contractus, on the one hand, and internationally mandatory rules of third states, on the other hand. The author comes to the conclusion that the most promising are the special connection theory and theory of taking internationally mandatory rules into consideration as facts of the case, as well as their combination, which means the opportunity of application of this or that internationally mandatory rule on two consecutive levels – level of international private law and substantive law level.

INTERNATIONAL ECONOMIC LAW

70-80 399
Abstract

The present Article is dedicated to the legal force of FATF 40 Recommendations and the rating of the Russian Federation on compliance with such Recommendations.

81-92 456
Abstract

Under the development of international economic relations there appeared such an institute as Uniform Economic Space (UES), within the space of the former USSR in particular. This institute goes through the process of its formation. Though the corresponding terminology is used in an number of international treaties there still exists the problem of its uncertainty. Among the problems not studied enough here the leading one belongs to the problem of common (collective) and special principles acting at the UES. Special attention is paid to the national regime which though being conventional has become obligatory. Its balanced coordination with other principles acting at the UES is of grate importance for the effective functioning of UES.

LAW OF THE SEA

93-108 854
Abstract

It has been more than 30 years from the date when the UN Convention on the Law of the Sea of 1982 was adopted and almost 10 years from its entry into force and still there is a number of unresolved issues, related inter alia to the adoption of the regime under this Convention by other states for the purposes of its universal application and unification. USA is one of the group of countries which have not still ratified or otherwise recognized Convention’s binding force for thyself. In fact, there have been a lot of discussions in the United States regarding the advantages and disadvantages of ratifying the Convention. This article is dedicated to studying the approaches of the United States to the ratification, analyses of the argument of both lawyers and politicians for or against the international legal regime introduced by the Convention, namely the legal regime of the sea-bed area beyond the state jurisdiction. The chosen aspect is of interest, taking account the steadfast attention to the legal regime of the sea-bed resources beyond the state jurisdiction from the leading industrialized and developed countries which are in the permanent search for the new source of energy and the further development of the economies.

ЕВРОПЕЙСКОЕ ПРАВО

109-124 467
Abstract

The article reviews approaches of the European Court of Human Rights and the Court of Justice of the European Communities to the problem of justified interference by a public authority with property rights. Operational procedures of the European law allow the mentioned interference. Even more according to the requirements of the principal of «good governance» the government should take all necessary measures for advocacy of public interest. At the same time to meet the regulations of the Convention for the Protection of Human Rights and Fundamental Freedoms the national government acts should comply with the principals, as follows: lawfulness, advocacy of public interest and proportionality. Content analysis of each of the mentioned principals, as an example of the recent years’ court practice is a strategic or key point.

125-141 365
Abstract

The article is devoted to various aspects of EU securities regulation reform inter alia the legislative Proposals of the Commission of September 2009 are reviewed. After brief outlook of the today’s system of securities regulation author considers reasons, nature and legal elements of the proposal to establish European Systemic Risk Board (ESRB) and European Securities and Markets Authority (ESMA). Consequently author draws several conclusions relating to the main trends of European securities markets development, particularly, that the Commission has proposed unprecedented level of interference in the powers of national securities regulators of the Member States.

VOICES OF THE YOUNG

142-155 575
Abstract

Publication of the international treaty (bringing to the public) is a necessary condition of its application on the territory of the Russian Federation. At the same time that procedure serves the purposes of maintenance of legal certainty and protection of rights and freedom of physical and legal bodies because only after publication of the act it becomes accessible to the interested person who obtains an opportunity to get acquainted with it and conform their behavior to it. But despite the considerable role of that question not much attention has been paid to it. That leads to the occurrence of some substantial problems in practice: when and in what editions is it necessary to publish international treaties, on what bodies the corresponding duties has been imposed. Also within the framework of the article there is an analysis of one legal action in which the problem of appropriate publication of the international treaty has risen especially sharply. The possibility of occurrence of such situations affects the authority of the Russian Federation in the international arena that shows to a great extent the necessity to study that problems and taking measures for their resolution.

156-170 419
Abstract

The demands of the world social and economic challenges require active utilization of chemical substances. Developing of the international economic order and global commodities market has raised an intergovernmental point of control over the chemicals’ turnover and their environmental impact. The countries have acknowledged that it is vital to work out general principles of cross-border chemicals’ traffic control regulation by developing a new international legal framework.
In the article are analyzed the history and progress of the chemicals’ traffic control regulation being sequentially worked out in the acts of international conferences: Stockholm Declaration (1972), Rio-de-Janeiro Declaration and Agenda 21(1992), Plan of Implementation of the World Summit on Sustainable Development (2002) and the Strategic Approach to International Chemicals Management (SAICM) (2006).

171-180 695
Abstract

The proper realisation of an idea of administrative justice is a pressing need to the Russian public law system. It embraces all the mechanisms designed to achieve a proper balance between the exercise of public power by the administrative institutions and those affected by the exercise of that power. Considering the insufficient level of its development in Russia, one should refer to the foreign experience of the countries, where such mechanisms are already well-adjusted.

BOOKSHELF

181-186 368
Abstract

The book by N.N. Ostroumov, “The Contract of Carriage in International Air Transport Operations”, is the first book in Russia dedicated exclusively to the contract of air carriage and analysis of current problems of carriage by air both on the international level and in Russia. The book may serve as a scientific and practical commentary and comparative analysis of the Montreal Convention 1999 and the system of the Warsaw Convention 1929, as well as Russian and foreign legislation and court practice in this field. The author analyzes the legal sources on international air carriage, conflict of law issues, the legal nature of the contract of carriage and obligations to arrange carriage. A central part of the book is taken by such issues as the carrier’s liability towards passengers for death and personal injury, cargo claims, late delivery of the cargo, recovery of damages. The book also covers the issue of claims against the carrier, and the insurance of carrier’s liability.

ДОКУМЕНТЫ

187-192 542
Abstract

ASEAN was founded on August 8, 1967. In November 2007, the heads of ASEAN member states took historic steps towards establishing an “ASEAN Community” when they convened in Singapore for the 13th ASEAN Summit. First and foremost, they signed the ASEAN Charter, which provides the organization with a formal legal personality and expands upon its values and institutional mechanisms. Article 14 of the ASEAN Charter provides that “[i]n conformity with the purposes and principles of the ASEAN Charter relating to the promotion and protection of human rights and fundamental freedoms, ASEAN shall establish an ASEAN human rights body” which «shall operate in accordance with the terms of reference to be determined by the ASEAN Foreign Ministers Meeting. The Terms of Reference for the ASEAN Intergovernmental Commission on Human Rights (AICHR) has been adopted on 20th of July, 2009 at the ASEAN Ministerial Meeting. The next step in this long awaited process will be at the upcoming ASEAN 15th Summit, in October of this year, where ASEAN member states will appoint representatives to the body.



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