In this article we  analyses threats to international security posed by  international terrorist organisations and main approaches to combating their criminal activities at the national and international levels. We offer  own concept of responsibility of international terrorist organisations under international criminal law and establishment of an International Tribunal on Crimes of International Terrorist Organisations as a possible solution.

The article discusses approaches to understanding criminal law in the broad and narrow sense of this concept through a comparison with the concept of criminal law. The author proposes a number of changes to article of the criminal code of the Russian Federation

Prosecutor v. Ndahimana is a controversial case that was decided in the latter stages of the International Criminal Tribunal for Rwanda’s (ICTR) activity. It was concerned with a notoriously cruel event of Rwandese genocide, the Nyange church massacre.

 

The article describes and analyzes the legislative politics of revolutionary regimes in Russia in 1917-1918. The author aims to demonstrate the political meaning of the form of early Soviet legislation and its legitimizing effect. The revolutionary legislators often used specific language in the new laws as a vehicle of legitimacy, i.e. to make the people comply. The two main types of legal language used by the Bolsheviks can be interpreted from the perspective of different types of legitimacy. The revolutionary strategy used propagandistic legislation, written in the language of lay people, which urged them to act according to the new law. It can be seen as a request for acts of the people to legitimize the soviets. On the contrary, the traditional strategy employed old bureaucratic means of writing and distributing legislation to the local soviets. The language used by this strategy was closed to the understanding of a lay audience and implied traditions of obeying the law written in familiar legal language, which in turn implied rational/legal legitimacy. The second strategy had already become dominant after the first months of the Bolshevik revolution. This observation demonstrates that from the very beginning of their rule, Soviet leaders approached legislative policy from a technocratic point of view, which determined the further development of Soviet legal theory and practice.

This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed. 

Written by an international team of experts representing all the major legal systems of the world, the book is intended as a reference work for students and researchers, domestic and international judges, as well as for legal advisers to governments and international and non-governmental organisations.

Professor Hans-Hajnrih Eshek has protected the thesis for a doctor's degree in 1949 in Tjubingen on a theme: «Responsibility of state structures on the international criminal law - researches in connection with the Nuremberg process»; has created the concept of a uniform roof of Institute of foreign and international criminal law of Max Planck. His organizing work has come to the end in 2007 with creation of "the International research school of comparative criminal law» and criminological school for doctoral candidates «infl uence Measures, mediation and punishment». Approximately 600 works devoted to the General part of criminal law, to punishments, measures of correction and safety, the Especial part, and also criminally-procedural right is published by him.

 

 

Professor Aron Trainin (1883–1957), an outstanding Russian and Soviet criminal law scholar, has played a leading role in academic support of the Soviet Union’s team in Nuremberg and contributed to the drafting of the IMT Charter and Judgment. His writings to a large extent shaped the Soviet approach to international criminal law. The chapter addresses Trainin’s biography and follows the major steps in his academic career from its beginning in tsarist Russia to its the peak, when Trainin held the positions of associate member of Soviet Academy of Sciences and professor at Moscow University. The chapter traces the sources of Trainin’s interest in international criminal law and addresses the scholar’s contribution to the ICL. The author focuses specifically on two areas, where the impact of Trainin’s was significant – a legal justification for crimes against peace, and the concept of complicity.

This fifty-eighth volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the ICTR in the years 2013-2014. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions.

We list all finite abelian groups which act effectively on smooth cubic fourfolds.

This article is devoted to the legitimation and application of the standards of ex post and ex ante by courts and the executive authorities in the sphere of competition regulation. The postulates of ex post and ex ante are considered as legal principles. The principle of ex post is intended solely for judicial and administrative application; it has a deontological framework; it assumes that the legality of the activity of economic entities is assessed only on the basis of positive legal criteria in terms of the subjective rights violated; it is limited to a particular case. The traditional approach to the principle of ex post limits the scope of its application on the subjects and excessively expands its objects. The postulate of ex ante has a utilitarian basis which assumes the assessment of the application of relevant rules in the future. One of the main aims of the article is to refute the common view of lawyers and economists that a legislator applies principle of ex ante not being bound by principle of ex post, while it is the other way around for the courts and the executive authorities. The principle of ex ante may be applied not only in the process of the creation of new rules but also at the application stage for existing rules on economic competition. This is justified because the arguments of the courts and the executive authorities about a refusal to take into account the consequences of a decision in a particular case are not convincing.

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.

This article analyzes the usage of legislation as a legal source in the Russian Empire through the phenomenon of the publication of law. The author argues that the absence of separation of executive, legislative and court powers had definite negative effects for lawmaking and enforcement. The legislative politics of Russian emperors could be analyzed using Jürgen Habermas‘ concept of ―representative publicness‖ (representative öffentlichkeit): to a large extent, the tsars considered law as both an assertion of authority and a means of governing. Their actions towards strengthening legality in the state (i.e. the compulsory publication of legislation) were in essence symbolic or theatrical. In fact, since the separation of laws from executive acts did not exist in imperial Russia, the legislation was published (or stayed unpublished) exclusively for state administrators. The conflict in conceptions of legality between state and civil actors in the second half of the nineteenth century was not of a merely political nature. The article demonstrates that there was a public demand for publication of legislation; insufficient accessibility of legal information negatively influenced social and economic development in imperial Russia.

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/