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Moscow Journal of International Law

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No 1 (2015)
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https://doi.org/10.24833/0869-0049-2015-1

ИНТЕРВЬЮ МОСКОВСКОМУ ЖУРНАЛУ МЕЖДУНАРОДНОГО ПРАВА

МЕЖДУНАРОДНОЕ ПРАВО И ПОЛИТИКА

11-28 1953
Abstract
The article is devoted to the coup d’etat in Kiev in February 2014. The fact is totally ignored in relevant documents of the US President and in the EU documents. The consequences of the coup d’etat in Kiev was its recognition as legitimate by one part of the population in Kiev and in the western and central regions of the former Ukraine and non-recognition by another part of the population - in south-east regions, Donbas and Lugansk. The military attempts of Kiev to subdue Donbas and Lugansk population to new authorities of Kiev is qualified as illegal. Peaceful legal arrangements between new authorities of Kiev and Donetsk and Lugansk Peoples Republics are suggested.

ISSUES OF THEORY OF INTERNATIONAL LAW

29-39 1437
Abstract
Principles of international law appear, mature and finally may disappear. Thus the sphere of human rights principle accumulates new content including their international protection. The UN Charter has formulated cardinally new attitude of states to the interpretation and application of the principle of non - interference into internal affairs of states. States started refusing of their absolute sovereignty and recognizing the possibility of its rightful limitations. Some regional organizations gradually transform into unions of states. Within their territories currently in force are not only national law but regional and international law as well, which limits the sovereign law of member states to considerable extent.

HUMAN RIGHTS

40-59 6145
Abstract
Legislative Sentence to the death penalty as an exceptional measure of capital punishment and its relation to the right to life have been a subject of public discussion for a long time, and nowadays they are topical ones for every civilized state. The International law prohibits the use of capital punishment by a country because the death penalty is the ultimate cruel, inhuman and degrading punishment as well as because the legislative Sentence to the death penalty is contrary to the basic principle of respect for human rights and fundamental freedoms including the recognition of an absolute right to human life. One of the essential conditions for invitation of Russia to the Council of Europe has been the legislative Sentence for the abolition of the death penalty, but Russia still has not ratified Protocol No. 6, and has not taken action on the absolute refusal of the death penalty, so the problem of the Sentence to the death penalty as a capital punishment, continues to be topical more than ever.

МЕЖДУНАРОДНОЕ ВОДНОЕ ПРАВО

60-86 1252
Abstract
The article is devoted to the international legal basis of fresh water resources management with primary attention to international watercourses, including legal regulations of navigational and non-navigational uses. The content of a special course - “International Water Law” is suggested. Special attention is paid to the legal regime of underground waters. The results of analysis of numerous international legal documents are represented in the article, both of historical and modern importance, including relevant documents prepared by the Association of International Law and by the International Law Commission of the United Nations.

МОРСКОЕ ПРАВО

87-106 2539
Abstract
The article considers the issue of the existing gap in the United Nations Convention on the Law of the Sea, 1982 in the regulation of the suppression of terrorism at sea and transportation of the weapon of mass destruction at sea by means of the intergovernmental Proliferation Security Initiative on the weapon of mass destruction, Protocols of2005 to the Convention on the suppression of unlawful acts against the safety of maritime navigation, 1988 and Protocol for the suppression of unlawful acts against the safety of fixed platform located on the continental shelf. Legal aspects of the suppression of terrorism at sea and weapon of mass destruction transportation are considered with emphasis on the principle of the exclusive jurisdiction of the flag state over the vessel on the high seas. This principle was first fixed in the international law in 1927 in the judgment of the Permanent Court of International Justice in the “Lotus” case.

INTERNATIONAL LEGAL ISSUES OF TERRITORY

107-116 1027
Abstract
The paper deals with analysis of critical views on uti possidetis principle by various doctrines of international law. Four key arguments of critical approaches to uti possidetis principle are reviewed therein: (i) the principles’ conflict with self-determination; (ii) its limitation to decolonisation processes; (iii) its controversial nature due to existence of two forms, uti possidetis de jure and uti possidetis de facto and (iv) lack of grounds to be accepted as a norm of customary international law. The relevant counterarguments are produced against critical views on uti possidetis principle.

МЕЖДУНАРОДНОЕ ЭКОЛОГИЧЕСКОЕ ПРАВО

117-134 2267
Abstract
The article gives grounds for necessity of interconnection of economic development and environmental protection. Elimination of conflict between economic development and environmental protection is possible on the basis of ecologization of international economic relations, meaning substitution of anthropocentric approach for ecocentric approach to the sustainable development. Evolution of the concept of sustainable development clearly shows that today economic development is not limited by the level of scientific and technological progress but by the state of environment. We are facing empowerment of environmental component of the concept of sustainable development comparing to its economic component. Principle of sustainable development has been formed as principle of international law. The author argues that principle of sustainable development is inter-branch principle of international environmental and international economic law.
135-148 1292
Abstract
Conflicts and security problems continue to make part of contemporary world. The spread of conflicts, including armed conflicts, accumulation of weapons and nuclear build-up by nuclear powers and other big and small states are all of serious concern for the international community. The development of the body of international agreements in the sphere of protection of environment is of critical importance.
149-164 918
Abstract
The necessity of formation of Inter-native modes of international environmental governance in the absence of a single, global environmental policy and environmental improvements despite conclusion of new international environmental treaties and agreements is argued. The author’s definition of an international regime of international environmental governance as a combination of international institutions, customary norms and principles, as well as formal resolutions and treaties prescribing actions the State shall in respect of a particular subject or problem in the region is suggested. It is proved that if the management of natural resources has gained some international experience, in relation to international environmental issues management is more complex due to scientific uncertainty, complex environmental degradation, and the difficulties of adoption and implementation of international obligations of States on their territory and hard harmonization with other states.

VOICES OF THE YOUNG

165-178 1881
Abstract
The article concentrates on the necessity ofthe implementation of article 20 of the United Nations Convention against corruption 2003 describing the regulation of illicit enrichment into Russian criminal law. The problems on the way of the criminalization of the article are connected with the principle of presumption of innocence and the right not to testify against oneself, the spouse and close relatives, which are guaranteed by the Constitution of the Russian Federation. A detailed analysis of these principles was made from the viewpoint of International Law, and the possibility of their execution within the realization of the article criminalizing illicit enrichment. There was determined and argued the legality and necessity of implementing the norm regulating illicit enrichment into Russian Criminal Law.
179-189 846
Abstract
In 2000, the European Commission has recognized, passing through the Baltic Sea «Nord Stream» project part of the Trans-European energy network. In September 2006, the Commission stated that it was one of the energy projects of the highest priority of the European Union, which is in the interests of the whole Europe. In 2006, the European Commission, the European Parliament and the European Council recognized the pipeline project as a project of European interest. This article explains the meaning of projects of common interest (priority projects, projects of European interest) in accordance with Decision No 1364/2006/EC of the European Parliament and of the Council of 6 September 2006 and Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013.

ХРОНИКА

BOOKSHELF

196-206 642
Abstract
The present review illustrates the book by James Kraska and Raul Pedrozo «International Maritime Security Law». The book was published by Martinus Nijhoff Publishers in 2013. Although the study was published in English, it seems that it could be interesting and useful for the wide range of readers in Russia. The authors consider in detail the strategy and policy in the field of the maritime security in the light of International Law. The special attention is paid to the US national policy. In contrast to the usual interpretation of the concept of maritime security as the protection of shipping against piracy, armed robbery at sea, maritime terrorism, cargo tampering, its sabotage or theft, contraband, illegal trafficking of weapons of mass destruction and their associated components, illegal migrants, environmental crimes, the book also covers issues of the protection of shipping against natural disasters and accidents, errors and failures of the human element. In this edition a large number of international law documents as well as particular practice examples in different states are analyzed.


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