No 4 (2015)
View or download the full issue
PDF (Russian)
ISSUES OF THEORY OF INTERNATIONAL LAW
4-17 2442
Abstract
The article contains the original author’s conception of Global Law and Global Normative System which takes into account in complex the whole line of juridical phenomena under conditions of Globalization. The Global Law appears as indissoluble unity of international law and national law systems in which aroused law blocs named supranational law and transnational law - all of them it’s Global Law System. It includes also the mechanisms of law regulations, law-consciousness on every level, functioning law regimes and so on. Global Law System is hierarchical, structurally organized in definite mode, although it is under initial stage of forming. The States of west civilization type govern deliberately by the evolution of Global Law System in its interests exclusively, intending the supremacy of west (Anglo-Saxon) civilization in globalized World Order of XXI siecle. Global Law System is part of vaster Global Normative System.
HUMAN RIGHTS
18-26 1685
Abstract
The article highlights the most significant terms for the self-executing of provisions of international treaties, and in light of this the question of whether the 1966 International Covenants on Human Rights are selfexecuting treaties is investigated.
INTERNATIONAL HUMANITARIAN LAW
27-42 1397
Abstract
Nowadays services of PMSCs are widely provided. Personnel of PMSC are involved in hostilities carrying out tasks related to the use of force. The article contains the analysis of the status of PMSC's personnel in accordance with international humanitarian law. The authors propose measures aimed at regulating the activities of private military and security companies.
LAW OF THE SEA
43-60 1575
Abstract
The paper addresses the content of a new International document - the International Code for Ships Operating in Polar Waters- in the context of foreign teachings on the subject. Special attention is devoted to the legal significance of the Polar Code and its relation to other sources of the Law of the Sea, including the UN Convention on the Law of the Sea, 1982.
МЕЖДУНАРОДНОЕ ЭКОЛОГИЧЕСКОЕ ПРАВО
61-79 827
Abstract
Sustainable development in contemporary world supposes the increase of the role of international management by this process, where the role of international organizations, United Nations first of all, is specially increasing. The realization of this Concept is connected, among all, not only with the use of force in anti-crisis, anti-conflict measures, but in decision of acute political, social and ecological situations. Strict definition of what is objectively necessary and possible in such measures - is extremely acute contemporary problem.
INTERNATIONAL SECURITY LAW
80-89 843
Abstract
Conflicts and security problems continue to make part of contemporary world. The spread of conflicts, including armed conflicts, accumulation of weapons, and chemical and bacteriological weapons 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 the environment is of critical importance.
INTERNATIONAL CRIMINAL LAW
90-102 2222
Abstract
70 years ago, on October 1, 1946 in the small German town of Nuremberg, the International Military Tribunal (IMT) issued a verdict against the major Nazi war criminals of the European Axis. The article refers to the impact that the verdict of the Nuremberg Tribunal had on the establishment of the institute of responsibility of individuals for crimes against peace, war crimes and crimes against humanity. It stresses the direct link to international crime criminalization of socially dangerous acts at the level of national legislation in the sphere of international law. The results of the criminalization of internationally wrongful acts in the early post-war years as well as in connection with the establishment in the 90th years of the last century of the International Criminal Tribunals ad hoc for the former Yugoslavia and for Rwanda, as well as in connection with the adoption of the Rome Statute of the International Criminal Court are shown.
INTERNATIONAL ECONOMIC LAW
103-115 1262
Abstract
The countries of the Eurasian Economic Union (further - EAEU) make great efforts to develop the export of goods and to become part of regional and global production chains. Free-trade agreements are the most effective tool, which enables the expansion and simplification of access to foreign markets for domestic producers. The EAEU has made use of the right to make a global free-trade agreement (further - the Agreement) for the first time, and Vietnam has been chosen to be such a state. The article examines the innovative ideas, incorporated in the agreement; obligations ofthe EAEU countries are compared to the ones arising from the WTO membership of several EAEU countries. These are questions of trade liberalization, a wide range of aspects, connected with intellectual property, compensatory and anti-dumping measures, tariff and non-tariff barriers, technical, sanitary and phytosanitary regulation, economic advantages of the agreement for the EAEU countries, mutual obligations regarding reduction or zeroing of customs tariff rates.
МЕЖДУНАРОДНОЕ ТРУДОВОЕ ПРАВО
116-126 2295
Abstract
The article deals with the modem international legal backgrounds to regulate the status of migrant workers on universal and regional level, some scientific approaches to manage some types of the labour migration and the analysis of the forms of states’ cooperation in the above field. The author examines the particular elements of the acting international legal mechanisms of the labour migration’ regulation relating to the activities of the regional (sub-regional) integration organizations.
INTERNATIONAL PRIVATE AND CIVIL LAW
127-138 1128
Abstract
The article focuses on the specific features of recovery of damages incurred as result of non-performance of the international sales contracts, in particular, the international sales contracts with respect to goods between Russian and foreign companies if such contracts are governed by the CISG.
VOICES OF THE YOUNG
139-150 669
Abstract
The paper discusses the use of the temporary agency work (contingent labor) in Russia. From 1 January 2016 enters into force the Federal Law № 116-FZ dated May 5, 2014, which regulates the issues of temporary agency work, personnel providing as well as activity of employment agencies. The changes cover the order of personnel providing, prohibition of temporary agency work, establishment of requirements for private employment agencies, as well as for their heads. The author concludes that in order to all parties of labor relationships comply with the new requirements of legislation it is necessary to implement effective control measures and establish a trade union for temporary employees.
151-157 1121
Abstract
As a matter of response to globalisation processes glocalisation or manifestation of regionalism in all spheres of social life is a tendency predetermining development of international relations and international law at the current stage. Despite issues that catalyzed development of economic regionalism and its forms are dealt with in a considerable number of works, universal (objective) definition of “economic regionalism” is unknown to legal science. This article covers contemporary approaches to defining “regionalism” and “economic regionalism” in particular, predominant from the author’s perspective based on their analysis attempts to develop a universal definition of economic regionalism.
BOOKSHELF
158-165 766
Abstract
The review evaluated the relevance and timeliness of publication of the book given the importance of the combating illegal fishing. Marked uniqueness, which lies in the latitude of the analysis of different objects of study. It is emphasized that the book addresses the most pressing problems of combating illegal fishing of marine living resources in the Global Ocean. According to the reviewer, the consideration of the international treaties containing standards on combating illegal fishing and acts of a recommendatory nature is of great importance, as well as the activities of international organizations. According to the results it is concluded that the book is a complete and accomplished scientific work of importance to Russian science of international law.
166-171 749
Abstract
The relevance and novelty of the research, the structure and content of the book is estimated in the review. Particular attention is paid to a detailed analysis of the four chapters of the book; in particular, the author’s conclusions are presented for each of the paragraphs. The conclusion about the meaning of the book from theoretical and practical points of view and possible role in Russian science of international law is made.
ISSN 0869-0049 (Print)
ISSN 2619-0893 (Online)
ISSN 2619-0893 (Online)