Хассан против Великобритании: от Конвенции к международному гуманитарному праву и немного обратно. Постановление Большой Палаты Европейского Суда по правам человека от 16 сентября 2014 года.
In the Judgment Hassan v. The United Kingdom the European Court of Human Rights reviewed its approach to the correlation between International Humanitarian Law and the Convention on Protection of Human Rights and Fundamental Freedoms in the fields of right to liberty and legality of derogation from obligations under this Convention outside the procedure set forth in Article 15. This paper contains a critical assessment of justification and legitimacy of this approach and warns against its application to internment in non-international armed conflicts.
This monograph is dedicated to both theoretical and practical problems of joint application of International Humanitarian Law and International Human Rights Law norms in armed conflicts. Special emphasis is made on the contradictions between norms of both branches of International Law in the sphere of protection of right to life and right to liberty. Conclusions made by the author are based on the analysis of norms of International Law, practice of their application by international organizations and states, decisions of the International Court of Justice, The UN Human Rights Committee, The European Court of Human Rights, The Inter-American Commission and Court of Human Rights, The African Commission on Human' and Peoples' Rights, international and mixed criminal courts and tribunals, as well as legal literature.
Theoretical inquiries of the author have continued since the first edition of the monograph has been published in 2015. In particular, an emphasis has been made on the possibilities of integration between norms of International Humanitarian Law and Human Rights Law, which derive from the structure of subjective public rights and can be deduced from relationship between derogation from human rights obligations and limitation of human rights. Economic, social and cultural rights in armed conflicts have been analyzed in more depth. Moreover, as practice of international judicial and quasi-judicial bodies is still continuing to develop, the new edition of the monograph takes into account all new decisions.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Article contains analysis of the decisions of the European Court of Human Rights on freedom of expression, in which the Court had to balance public interest against the protection of commercial structures from unfair competition or injury to their business reputation.
This publications consists of the papers prepared on the basis on the reports made at the international scientific conference "Serching for a balance between private and public interests in decisions of the international and national courts".
Decisions of the European Court of Human Rights made a contribution to the development of the theoretical conceptions describing relationship between International Humanitarian Law and International Human Rights Law by specifying direction to a wider application of human rights norms regulating right to life in armed conflicts. This article deals with three main directions of this development: firstly, the strengthening of examination in sphere of fulfillment by states of their negative obligations concerning right to life, secondly, specification of duties on preventive measures serving for protection of civil persons and objects, and, thirdly, enlargement of the scope of application of the obligation on prosecution of lethal cases in armed conflicts.
Not all cases of targeted killings occurring in armed conflicts, which could have been regarded to be legal under provisions of IHL, would stay examination under criteria of a new complex approach. Far from majority of these targeted killings would satisfy to the requirements of a prudent preparation and planning, absolute necessity, strict proportionality and an effective investigation. However, as a result, it cannot be argued that all cases of intended use of force against concrete persons suspected to be members of armed groups or civilians taking a direct part in hostilities during armed conflicts are illegal. There remains a small group of situations, in which the whole range of circumstances will justify these actions, but overwhelming majority of them will be situated in the real “combat” sector of military operations. Application of the “complex test” would definitely have a significant impact on the grey areas, rendering almost all of cases belonging to it out of law.
Paper deals with definition and types of “human shields”, limits scope of prohibition to use “human shields” in armed conflicts and defines duties of the parties of the armed conflict. It analyses different approaches to the status of “human shields” and applicability of the principle of proportionality to them.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/