Роль международных договоров и международного обычного права в правопорядке ЕС и ЕАЭС
The article examines the provisions of EU and EAEU law regarding the role and place of international
agreements and international customary law in their respective legal orders. The duty of regional integration
organisations to comply with international law necessitates the creation of mechanisms allowing
incorporating international law norms into the EU and EAEU legal systems while ensuring the
independent (autonomous) character of these legal orders. The case law of supranational courts plays
a prominent role in resolving this issue. The author focuses primarily on issues that are relevant not
only for the EU but for the EAEU at the current stage of its development: ensuring that international
agreements with third parties are compatible with the main rules and principles of the functioning of
the integration organization; the possibility for individuals to challenge the validity of EU/EAEU institutions/
bodies acts on the ground that they are contrary to international treaty or customary law as
well as to the binding nature for a regional integration organisation of international agreements concluded
by Member States in fields where the competence has been transferred to the supranational
level. The author comes to the conclusion that despite the fact that the mechanisms provided by the
EAEU Treaty are insufficient, the gaps can be partially filled by the EAEU Court through its case law.
In that regard the jurisprudence of the Court of Justice of the European Union represents an important
benchmark, although it needs to be assessed critically. Thus, the strict approach of the CJEU regarding
the direct effect of universal international agreements as well as its application of the functional
succession doctrine in relation to international agreements concluded by Member States
makes it difficult for individuals to rely on international law in order to protect their rights.
Present book is the result of the field work conducted in the tribal villages of Nagaland. Author sought to determine whether the social structure and the economic setup of a Naga village changed somehow over the last 88 years since the first publications of the monographs of the first Brithish researchers. Author argues that the social-psychological archetype – tribe – village – khel – patronimy (kiyong) – clan – family – has hardly changed. The tenure and utilization of land stays unalterable. Pursuant to Article 371А, Constitution of India (Special Provision with Respect to the State of Nagaland), customary law is applied within the territory of Nagaland State.
In this article I examine the situation of girls in the North Caucasus, a region that combines features of both a traditional society with its emphasis on the value of religion, family, and older generations, and a modernized society with its emphasis on the economic emancipation of women, and the pursuit of self-development and individual life strategies. The research model used interviews with girls and an analysis of essays written by girls in high school to explore their life values, priorities, and the impact of religion and traditions on their lives. The research also sought to identify girls place in the gender, age, and status hierarchies of local societies. © Berghahn Journals.
In the XIX century. by the Russian government collected, systematized and studied the rules of customary law Caucasian highlanders (adat). Adat, regulating property relations and to obtain official recognition applied to mountain verbal (folk), village (aul) and arbitral tribunals. Customary law Chechen and Ingush distinguished: the multiplicity of actors, the equality of «their» - members of the indigenous genera (Taipei), the limited capacity of «outsiders», difference rules in the mountains and on plains, low developed separate institutions, low levels of legal technology.
This book explores the exportation and application of European Union legislation beyond EU borders. It clarifies the means and instruments of the voluntary application of the EU’s norms by third countries and analyses in detail the process of legislative approximation between the EU and its East European neighbours. It also assesses the extent to which the EU is successful in promoting its legal standards abroad.
The first part of the book addresses the EU’s mechanisms and instruments promoting the export of its own laws and practices to other countries. Key issues include the post-Lisbon constitutional basis for the EU’s engagement with its Eastern neighbours (Art. 8 TEU); the different methods of acquis export and the impact of a new generation of Association Agreements providing for the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and, ultimately, a Neighbourhood Economic Community (NEC) between the EU and its Eastern partners.
The second part of the book includes substantive country reports that analyse the process of legislative approximation and application of EU law in the Eastern Partnership countries and Russia, authored by leading academics from the countries concerned. While currently these countries are not working towards full EU membership, the EU encourages them to approximate and converge their legislation with the EU acquis. The book also offers a unique picture of current practice of the application of EU law by judiciaries in the countries of the Eastern Partnership and Russia.
The book concludes with reflections on the multi-faceted character of legislative approximation and the challenges surrounding the application of EU law in the EU’s Eastern neighbourhood. The conclusions reached are highly informative as to the effectiveness of present and future EU external regional policies aimed at the promotion of EU common values and EU legislation into the legal orders of third countries.
In this paper were examined the concepts of uso and costumbre as they are reflected in the Siete Partidas of Alphonse the Sage of Castile (1252 – 1284). Author analyses the problems of its introduction, principal qualities and procedure of the abrogation of a custom. The special consideration is given to the organic connections existing between the law of medieval Castile and the doctrine of European ius commune.
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.
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/