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Moscow Journal of International Law

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No 2 (2007)
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https://doi.org/10.24833/0869-0049-2007-2

HUMAN RIGHTS

5-19 377
Abstract

The article examines in accordance with the current international law the taking of hostages at school no. 1 in Beslan (Northern Ossetia, Russia), on 1-3 September of the year 2004. The author arrives at the conclusion that the taking of hostages, as well as the other related crimes (murder, torture, inhuman treatment) committed against the hostages amount to a crime against humanity, and not only a terrorist act.
The Rome Statute of the International Criminal Court and relevant international jurisprudence are referred to as a basis for so interpreting the said crime. Though it is relevant to mention that Russian Federation has only signed but still has not ratified the above-mentioned Rome Statute. This fact complicates the matter of applying its provisions directly to the situation in Beslan but still it is possible to rely on it in interpreting related norms of customary law.
In conclusion, the legal and ethical consequences of the Russian courts’ failure to qualify the taking of hostages in Beslan as a crime against humanity are briefly illustrated.

20-36 355
Abstract

Revolutionary technology, particularly in biology and genetics raised profound new ethical and human rights issues. Cloning, genetically modified organisms, organ transplants, new human reproduction technologies and biomedical research involving human subjects all give rise to fundamental questions about the nature and rights of the individuals. The list of specific issues to be mentioned to include the high controversy that they typically involve, including in such topics as abortion, the use of stem sells, euthanasia and so on. The absence for the most part of a global consensus on them raise a question of how they can be regulated at the international and national level.
The international community has tried to reply to these problems by the way of developing the universal principles, norms and standards that are applicable to all spheres of cooperation of states in connection with scientific and technological progress. The author considers their application. Naturally the article includes an analysis of those instruments which lay down specific standards regarding the issues. Of these, it reviews both those which set forth broad guidelines and those which contain binding norms.
There is a need for continuing technology assessment on the national and international level in order to assess possible side-effects of innovations and to establish whether their advantages outweigh discernable disadvantages, and for control over innovations with a harmful potential.
Further standards are likely to be elaborated and mechanisms to be established to ensure that research and its application in these areas are developed in a harmonious way that guarantees human rights for all.

37-43 386
Abstract

Health is increasingly seen as a key aspect of human security, and occupies a prominent place in debates on the priorities for development. This article contains an expert assessment of the current crisis in the sphere of health protection in Russia and proposals to tackle it over the next years, starting immediately. According to Article 25 of Universal Declaration of Human Rights adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948 everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
The Constitution of the Russian Federation has proclaimed that everyone shall enjoy the right to health protection and medical aid. Medical aid in state and municipal health establishments shall be rendered to individuals gratis, at the expense of the corresponding budget, insurance contributions and other proceeds.
Main issues of the article are implementation of federal programs for protecting and improving the health of the population financed by the State; the necessity of measures to be adopted to develop state, municipal and private health services; promotion of activities which facilitate the improvement of health, the development of physical culture and sport, ecological and sanitary-epidemiological well-being.

44-52 347
Abstract

Article writer points that the problem of international legal norms realization in the area of human rights in legislation of Yemen and its development is mainly related with reunion of two parts of Yemen and modern state formation, on May, 22 in 1990. Many human rights and freedoms were firstly enshrined in Yemen Constitution and approach to many rights radically changed to better. The writer mentions article “6” of the Yemen Constitution as an instance of legislation improvement which proves its adherence to U N Charter and Universal Declaration of Human Rights and generally recognized norms of international law.
Yemen ratified more than 57 international documents in the area of human rights and in accordance with it norms of Yemen legislation conformed to ratified documents.
The writer takes a favorable view of Yemen experiment regarding this subject. It does not reject, however, that the level of realization still requires increase and improvement including elimination of those norms which have discrimination against women.
The writer comes to a conclusion that the process of international legal norms realization in the area of human rights is favorable but at the same time he points to necessity of further improvement aimed to elimination of those norms which are not agree with international norms in the area of human rights and freedoms right up to absolute meeting international standards and their practical realization as well, a problem that should be solved by way of reforming and foundation of democratic legal state.

53-67 386
Abstract

The article is devoted to the analysis of the Framework Convention for the Protection of National Minorities, which is the most comprehensive document of the Council of Europe in the field of protection of the national minorities’ rights. The Convention is considered to be the pioneering legally binding multilateral document aimed at the protection of national minorities as a whole, which specifically prescribes that this protection is part and parcel of the human rights protection. The Framework Convention is also very important for the elaboration of the acceptable definition of a “national minority” at the level of international law. It is noticed in the article that the text of the Framework Convention itself lacks the definition of a “national minority” and different approaches of the European countries’ representatives, who took part in the elaboration of the Framework Convention, towards formulating different definitions of a ‘national minority’ is analyzed.
It is noticed in the article that the Convention contains mainly provisions of a programme character; therein goals and tasks that the parties undertake to fulfill are formulated. At the same time, it can be noticed that some provisions of the Framework Convention are capable of being applied directly. Some states have already confirmed their intention to abide by what can be called the programme of the direct application of the Framework Convention. The author concludes that, having affixed its signature to the international treaty, the state undertakes the obligation to act in accordance with the international standards.

68-80 373
Abstract

The Federal Law “On Personal Data”, adopted on the 27th of July 2006 has become the first regulating mechanism in this sphere implemented in the Russian Federation, where the institute of personal data was previously missing.

INTERNATIONAL ECONOMIC LAW

81-94 340
Abstract

The participation of the federations“ subjects (administrative-territorial units) in external relations is in the centre of attention of the specialists of different kind, lawyers as well. It was actively discussed in the process of elaboration of both Vienna conventions on the law of the treaties of 1969 and 1986, but had no solution there.
Trans-border cooperation of the local territorial units is most active. So that to direct it into the civilized course there was adopted the European frame convention on the trans-border cooperation of the territorial associations and authorities of 1980.
After the dissolution of the USSR the territorial units of the Russian Federation actively started entering with “external partners” into the treaty relations in economic and other spheres. The modern practice and the due legal basis are analyzed here.
Among all the author of this article supports the idea to make the draft Convention on international treaties of the territorial units (the subjects of federations) of states. The materials of the Vienna conference of 1969 on the law of the treaties are of great interest in this question.

95-107 381
Abstract

Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (Washington, 18 March 1965) has determined the international procedures for the settlement of such investment disputes and made the legal background for states to go out the practice of the implementation of their right on diplomatic protection of their persons. It enabled to convert possible international investment conflicts into private ones.
In the article the author researches the conditions, which are necessary for International Centre for Settlement of Investment Disputes to have its jurisdiction. The general rule is that a written consent of parties is required for this purpose. It is dispensable that such consent should have the form of a written document signed by the parties. Other forms are possible (the exchange of letters, telex, telegrams or other means of telecommunications as well as the exchange of statements of a claim and defence in which the existence of an agreement is alleged by one party and not denied by another).
The author considers some cases of the International Centre and concludes that it can also have jurisdiction over investment disputes, if a state stipulates appropriate provisions in treaties or national legislation. Simple reference is not sufficient. The provisions concerned should show clearly that the state has given its consent to the jurisdiction of the International Centre.

108-122 371
Abstract

One of the trends of the legislative development in the field of regulation of relations with participation of consumers last decades in the world is process of its harmonization. Most widely and consistently this process occurred within the European Economic Community (subsequently – European Union): beginning in 1973 on creation of Consumer Protection Advisory Committee, it continues till now. From the beginning of activity of EEC bodies in the field of the consumer protection the general program documents in the given sphere, and then statutory acts in the form of EEC (EU) Directives have appeared. Council of EU accepted statutory acts about safety and quality textile, articles of food, dangerous to life and health the substances, promoting creation of a civilized commodity market, works and services. At EU the uniform normative basis and the mechanism of its realization for consumer protection is created with the help of means of harmonization.
To an urgency of this tendency with reference to the Russian legislation in the field of consumer protection and to those of the CIS it was paid attention even from the moment of acceptance in 1992 of the Consumer protection Act. Harmonization within the CIS is shown in conclusion the treaties at a bilateral or multilateral level (with the Kirghiz Republic, Ukraine), resolutions on results of the international conferences on questions of the consumer right.
Culmination and simultaneously final moment of scientists’ and practitioners’ efforts within the CIS is the conclusion the basic unified document – Agreements on the basic directions of cooperation of the Member States of the Commonwealth of Independent States in the field of consumer protection from January, 25, 2000 which purpose is creation of legal and organizational bases of cooperation of the Parties on realization of systematic policy in the sphere of the consumer protection directed to formation of equal conditions for citizens of the Member States of Commonwealth on protection of their interests from unfair activity of managing subjects.
In summary it is necessary to note, that within the CIS the level of uniform legislative fixation of general rules of consumer protection is not achieved yet: the uniform modeling law on protection of the consumers which could be implement in legislations of the Member States of the CIS is not concluded. As consequence of it there are also problems applications of law: process of an establishment the contents of the foreign law, even legislations of the countries of the CIS, causes known difficulties. In this connection, the perspective of litigation with use of the foreign law quite often induces the parties to refuse of dispute, to make a peace settlement of dispute, or to universal apply the law of the country of court.

123-134 459
Abstract

The subject-matter of the article is the accession of Russia to the WTO and its possible consequences. Lately there has been a heated discussion on the issue. The problem includes international legal and domestic aspects. Thus, the whole range of consequences should be divided into two groups correspondingly – international legal and domestic consequences.
Considering the international legal consequences of Russia’s accession to the WTO, the author of the article points out some general advantages of the accession and its influence on Russia’s relationship with the CIS neighbors and other countries. As for domestic consequences, Russia took the responsibility to reduce tariffs and liberalize the non-tariff sphere.
The consequences of the accession to the WTO are closely connected with the responsibilities that a candidate country assumes. These responsibilities may be divided into two groups. Firstly, these are the responsibilities linked with national legislation, which is to be brought in line with the norms and rules of the WTO legislation. Second come individual responsibilities, which presuppose liberalization of goods’ access to the market of the future member country. The consequences of Russia’s accession to the WTO are the following: simplification of the foreign goods’ import to the market, stiffer control over technical requirements and stricter punishment for their violation, the decrease in administrative pressure on businessmen on the domestic market, the increase in the number of Russian companies that are competitive on the market, consequent unification of Russian and international trade standards. The result of these changes should be the creation of favorable competitive environment on the Russian market and the improvement of the quality of national goods. The author of the article points out that considerable negative consequences are least probable.

135-152 427
Abstract

The article raises the controversial issues of using the features of offshore financial centers. The authors have made an attempt to highlight last initiatives of international organizations, particularly Organization for Economic Cooperation and Development, in regulation the activity of such offshore financial centers (tax havens). The Organization for Economic Cooperation and Development issued in 1998 report “Harmful tax competition: An emerging global issue” which defined key factors that constitute harmful tax competition. To address the problems caused by harmful tax competition OECD proposed to develop a list of tax haven which do not comply with international standards; to develop recommendations addressed both for members-states of OECD and nonmembers states and territories. This article demonstrates the progress made by tax havens in changing its legislation in order to comply with international standards and different opinions about legal grounds of such initiative of OECD under international law. Authors expressed opinion that complex of norms of international law, which regulates activity of offshore financial centers, is developing.

ЭКОЛОГИЧЕСКОЕ ПРАВО

153-170 335
Abstract

The article reviews different projects launched before the Stockholm Conference with regard to the future status and functions of the possible UN environment organ or organization. It discusses the present legal status of UNEP, its achievements and failures and describes the prospects of UNEP possible transformation into International Ecological Administration with supranational competence.

LAW OF INTERNATIONAL TREATIES

171-185 449
Abstract

According to para. 3 art.12 of the Law of the Republic of Kyrgyzstan “About the New Edition of the Constitution of the Republic of Kyrgyzstan” international treaties and agreements of Kyrgyzstan and universally recognized international legal principles and norms are an integral part of the legal system of the Republic of Kyrgyzstan.
In this respect it is necessary to mention that legal system should not be mistaken with the legislative system, as the legislative system means the total sum of national legal norms including constitutional norms, legal norms, etc. Thus it seems logical that in the abovementioned law international treaties and universally recognized international legal principles and norms are named as a part of the legal and not legislative system of Kyrgyzstan, as it had been before – in the previous Constitutions of the Republic of Kyrgyzstan.
In the framework of the legal system of Kyrgyzstan “universally recognized international legal principle” means the jus cogens rule, which is binding on the states, and deviation from this rule is impossible. As for “universally recognized international legal norm”, it is a legally binding rule, which had been accepted by the international community of states.
It is also necessary to differentiate “international treaty” which has a generic character and “international agreement” which is a specific name.
Thus their legal effect is equal and the fact that they are used simultaneously in the text of the constitution of Kyrgyzstan is illogical. The differentiation between “international treaty” and “international agreement” shall not have any legal consequences in the framework of the legal system of Kyrguzstan.
In the conclusion it is illustrated on several examples and proved that that in case of the legal system of Kyrgyzstan it is of crucial importance to draw up legal mechanisms of national implementation of international legal norms.

186-198 398
Abstract

The activity of Constitutional Court of the Russian Federation on verification of constitutionality of international agreements has great significance for optimization of the process of proper implementation of international law obligations by the Russian Government. Constitutional and judicial verification of the practice for conclusion and realization of interstate agreements enables Russia to fortify the constitutional foundations of the further development of its general and, particularly, federative development.
To verify in timely and proper manner international agreements and treaties the Constitutional Court of RF, being independent and responsible branch of State power, has to be empowered to exercise its own initiative for the verification of constitutionality thereof. Therefore, the Constitutional Court of RF has to be given an additional opportunity to control constitutionality of already acting international agreements and the process of their realization either. To put it in other words, the conclusion of the Constitutional Court of RF on constitutionality of the practice of concluding, implementing, changing and termination of international treaties must be obligatory.
In the process of verification of interstate (federative) agreements the Constitutional Court of RF is to obliged to consider the aims and requirements of Article 5 of the Constitution of Russian Federation on the right of peoples on self-determination, in particular, to guarantee the freedom of cultural development of the national subjects of the Russian Federation, and to prohibit the possibility of voluntary changing of the status and unconstitutional redistribution of there prerogatives by administrative methods. Insurance of the balance of the lawful and constitutional interests of federal and regional bodies of State power should become the main direction in activity of the Constitutional Court of the Russian Federation.

ВОПРОСЫ ТЕРРИТОРИИ

199-216 354
Abstract

Disputes concerning insular territories (rocks, isles, islands, etc.) are spread throughout the world: Spratly Islands, Hanish Islands, Falkland Islands.
Some of the disputes have a long history and still cannot be settled due to different reasons: economic privileges such as access to mineral and biological resources; strategic advantages; and political calculations, such as national pride.
Some of the advantages of insular territories are encompassed in the definition of an island which is included in both 1958 Convention on Territorial Sea and Contiguous Zone and in 1982 UN Convention on the Law of the Sea.
It is also important to look at the mode of acquisition of territories which can be divided into two categories: by peaceful means (discovery, effective occupation, cession) and by use of force. The international community had banned the latter and this fact is stated in many international treaties.
Methods which are applicable to the dispute resolution concerning insular territories as well as other issues can be divided into two groups: negotiations and application to the services of a third party. To the latter group belongs the International Court of Justice, which had been active in the sphere of dispute resolution concerning islands. It delivered judgments in 8 cases concerning sovereignty over islands and also in several cases where islands were important part of the case. Three more cases concerning islands are in the docket of the Court.
In the conclusion it is essential to mark the importance of the international law for the international community. The role of the International Court of Justice is vital for the further development and proper implementation of the international law. Support for it and its activities had been expressed in the UN Declaration of the Millennium. Russian President has also expressed his support for the Court. This can be confirmed by the fact that in March 2007 there was adopted the law endorsing jurisdiction of the Court.

SPACE LAW

217-225 378
Abstract

The article is devoted to the international legal problems of introduction into international and national practice of the satellite systems of remote control of air navigation (the US GPS, Russian GLONASS, and European Galileo) in the context of creating of the corresponding global system of GNSS.

226-234 350
Abstract

The article deals with a problem of the correspondence of the contemporary international space law to the today’s realities.
The commercialization of human activities in space, the appearance of new subject of the space law, the ecologic problems in space put new questions before the scientists.
The problem of banning of the military activities in the space has become more urgent today then ever before. The following article analyses the USA and the Russian Federation’s positions in this field.

ЕВРОПЕЙСКОЕ ПРАВО

235-251 374
Abstract

Mechanism of the insolvency legal regulation is a complex of rules of substantive and procedure laws settling the main principles of legal regulation of the relations arising in connection with the debtors’ insolvency. Practical application of any particular principles of legal regulation of these relations constitutes the legal regulation model of cross-boarder insolvency. A model of the primary and secondary cross-border insolvency proceedings has been created at European Union level. It does not take the place of national models of legal regulations of the above relations, but allows them to interact on the basis of the unified conflict norms and legal base for recognition and execution of foreign judicial decisions rendered in insolvency proceedings. Though the model does not provide the final settlement of the problem of creating unified mechanism of the cross-border insolvency legal regulation in the EU countries, it nevertheless indicates the readiness of the membercountries to renounce the supremacy of the principle of the state sovereignty in order to regulate the cross-border insolvency and to create the Common Economic Space. It is safe to say that the tendency to work out the mechanism of the legal regulation of the cross-border insolvency based on the principles of the unity and universality of the insolvency proceedings may be clearly traced within the European Union.

252-272 321
Abstract

In his article the author considers it to be vital to dwell on the legal nature of the acts adopted by the Council of EU. In the author’s opinion the understanding of the nature of common positions and joint actions of EU is important both from theoretical and practical side especially in the context of developing the framework of future cooperation between EU and Russia in the sphere of common security space. It is known that CFSP is an intergovernmental sphere of cooperation of EU member states and is based on the chapter 5 TEU. Nevertheless the regime of CFSP is also connected with the regime of the external relations of EU which is governed by the separate agreement – Treaty Establishing European Community, the so called Rome Treaty of 1957.The author of the article reminds us that the legal regime of CFSP even if it exists may be considered to have a very complex nature. Analyzing common positions and joint actions of EU as the legal instruments of CFSP the author gives various opinions of European specialists and shows his own knowledge on the subject. He makes an attempt to define categories of common positions of EU as well as joint actions of EU. Besides the readers have an opportunity to keep track of the essence of these acts adopted by the Council of EU. The author speaks about the addressees and different kinds of norms. He points out that these acts of the Council of EU are binding for EU member states but however member states remain to be the actors in CFSP. It is of great value that the author tries to make up his own conclusions and qualify common positions and joint actions of EU as to be the legal international norms of special nature (sui generis).The article is legally comparative and contemptuous.

273-284 324
Abstract

The eighties of the 20 century are usually defined as a splash of mass tourism, particularly in the EC countries. There was no effective legal regulation of tourism in Europe though.
The first Commission paper on tourism matters was issued in 1982, but the Directive in this field was adopted only in 1990.
Seventeen years after adoption of Directive 90/314/EEC on Package Travel and Holiday tours the Author makes an attempt to find out positive and negative features of the document and what effect it has produced.
The article is focused basically on the controversial points of the Directive and the problems that were caused by uncertain provisions.
The Author asserts that in spite of the achieving the Directive’s aim to set out minimum standards concerning package travel it is not an effective legal instrument at the moment. The Directive has not achieved an effective protection for a tourist because of a very large margin of interpretation for national legislators during the Directive’s implementation. Moreover, the Directive has some weakness in itself and does not regulate some problems (self packaging holidays, less then 24 hours tours and etc.).
The author comes to the conclusion that the Directive 90/314/EEC is out of date and needs a reform.

VOICES OF THE YOUNG

285-297 475
Abstract

International non-biding acts play an important role in international relations. States often prefer the acts of “soft law” as a basis for their future relations, because of their advantages in contrast with “hard law”. Such acts are flexible and easier to correct. Undoubtedly, the non-biding character of the “soft law” becomes the main reason why politically and socially different countries choose it to decide key world problems.
Even though the “soft law” acts are not sources of international law they do attract compliance by interested members of the international community.
“Soft law” is widely and effectively used on the global level. Resent tendencies demonstrate ability of “soft law” to be used as a foundation of different international institutions like, for example, intergovernmental forums. Being incorporated by the acts of “soft law” such forums however assume some elements of international organizations. They have a structure of bodies, there are independent from their member-states’ will, they correlate with another international organizations, and they have a control system to observe the compliance of forum’s recommendations. Furthermore, some of them transform into ordinary international organizations.
Nevertheless forum’s decisions have a non-biding character, the conditions of membership force states to follow these recommendations. Thus, the implementation of decisions is more useful for states than their defiance. In line with this the present research intends to focus on the investigation and comparison of international intergovernmental forums to international organizations, to affirm the conclusion that some of them have the elements of international personality.

BOOKSHELF

298-305 336
Abstract

K.A.Bekiashev, an international lawyer who is undoubtedly a leading expert in this sphere, prepared a fifth edition of a textbook in Maritime Fishing Law first published in 1979. The new textbook is necessary for higher and secondary educational institutions students of seagoing disciplines as well as for lawyers and law firms dealing with the problems of Maritime and Fishing Law. 30 years devoted by this prominent scholar to the science of Maritime Fishing Law resulted in the brilliant work under review.
The book contains the most up-to-date information regarding the Russian legislation and International Maritime and Fishing Law. The book includes 21 chapter; 152 paragraphs; an appendix with the list of Maritime Fishing Law sources; a bibliography; a subject index.
However, the reviewer voices several critical comments. First, the book does not cover the international regime of islands consolidated by the UN Law of the Sea Treaty many of which have an exclusive economic zone of their own. Second, the reviewer wishes the book included a section on the legal regulation of fishing in the Arctic waters. Third, there are problems in the Russian-Norwegian relations connected with fishing in the Spitsbergen archipelago waters. What are the peculiarities of this regime? Are the Norwegian authorities right in their accusations of Russian ships, which allegedly go fishing illegally in that region? Fourth, the book pays little attention to the delimitation of maritime territories, specifically to the delimitation of exclusive economic zones and continental shelves, which often make interstate relations deteriorate. Finally, one should bear in mind that when the book was ready to go to press a new Water Code of the Russian Federation was adopted and a number of changes was introduced to the federal laws on the continental shelf and the exclusive economic zone.

306-308 293
Abstract

The book by B.R. Tuzmuhamedov is a rare, possibly the only one edition in Russia in the genre of a reader in this sphere of international law. The book is very proficiently written and is very successful as it was sold out fast.
The basis of the reader is formed by the special course taught by the Professor B.R. Tuzmuhamedov for several years. The advantage of the course is that the author simultaneously combines his research and educational activity with practical work in the sphere.
The most interesting and valuable are the chapters of the reader devoted to the development of the system of the constitutional supervision in Russia, evolution of the approaches of the Russian Constitutional Court to international legal sources.
In the reader there is offered a wide range of works of international jurists of the past and present. But there is a possibility to widen the list of authors included in the reader as the reviewer points out.
In the conclusion the reviewer welcomes the appearance of such an important and necessary book and offers other scholars to create readers similar to that of Professor B.R. Tuzmuhamedov.

309-319 319
Abstract

A practical significance of the book under review is beyond any doubt because the most recent publication on the subject in the question dates back to 1989. Social and political upheavals have taken place since then, such as the dissolution of the Warsaw Treaty Organization and the collapse of the USSR. International and domestic belligerencies have, unfortunately, become facts of the international life in the post-Soviet area. That made international humanitarian law called for nowadays.
The Russian Federation is a party to all agreements relating to international humanitarian law and containing commitments made by the Russian Federation to conduct training and dissemination of knowledge about it in peaceful time and during open military conflicts. The book is written in a simple and easily understandable language and this is its advantage. The author critically discusses doctrine based views on international humanitarian law and offers ways to improve a number of international legal instruments and Russian legislation. The integrity of the book adds to evoking a theoretical and practical interest in it. The book considers issues of international humanitarian law in a consistent and comprehensive way.
All this makes I.I. Kotlyarov’s book a useful support material for studying international humanitarian law at military and civil educational establishments as well as for training commanders of the RF military forces in general public administration courses.
Finally, the author makes interesting conclusions, pointing out, for example, that Russia’s state bodies paid by far more attention to war laws and customs in the pre-revolutionary times than nowadays. Our state’s contributions to developing and shaping up international humanitarian law became more significant with the advent of F.F. Martens who was an initiator and author of the first conventions on war laws and customs. Russia’s involvement in further development of international humanitarian law was steadily increasing until 1918. Later, after the Soviet Union was established, its participation in agreements relating to international humanitarian law still continued, but practical steps aimed at introducing its norms in public conscience and practice were not taken.

320-325 295
Abstract

There exists such an opinion that environmental and related security issues are “internal” problems of the states and due to this reason should be solved on bilateral rather than on multilateral basis. This is an example of problems touched upon in the new book of M.N. Kopylov, an outstanding scholar in international law. A great number of his works is devoted to problems of protection of the environment and this book presents the result of many years of research of the international environmental law (IEL).
The present book will be of great assistance to student, teachers and anyone who is interested in international environmental relations and international environmental law, as this book is the first one Russian law doctrine dealing with the subject.
Particularly, the author of the book examines the history of the emergence of IEL, analyzes all the stages of evolution of IEL, offers approaches to the classification of norms of the IEL (including the norms of the “soft” law), focuses on the principle of international cooperation in this sphere, in the last chapter studies the tendencies of the development and codification of IEL.
Upon the whole the reviewed book of Professor M.N. Kopylov is a valuable source of information concerning the topic of IEL for everyone who is interested in international environmental law.

ХРОНИКА

326-330 474
Abstract

In the academic year 2006/2007 a Study group was established at the Chair of Private International and Civil Law, MGIMO-University with the aim of a profound study of Private International and Civil Law issues, as well as of the problems of international commercial arbitration. The mentors of the Study group are Kabatova E.V., associate professor, and Vershinina E.V., senior lecturer of the Chair of Private International and Civil Law.
On the 22nd of December 2006 the Study group held a session dedicated to the 15 years of application of the UN Vienna Convention on Contracts for the International Sale of Goods in Russia. The session was opened by Prof. Lebedev S.N., who took part in working out the text of the Convention.
The reports related to the aspects of the Convention’s application were made by students of the Faculty of International Law and master programmes in International Law and European Law.

НЕКРОЛОГ



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