Руководство Международного комитета Красного креста по толкованию понятия «непосредственное участие в военных действиях»: pro et contra
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.
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.
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/