Международно-правовое регулирование права на жизнь в вооруженных конфликтах
The author casts doubts on existence of a collision between norms of International Humanitarian Law and International Human Rights Law in sphere of protection of the right to life and draws a conclusion that the wording and systematic interpretation of the international treaties, as well as subsequent practice of its application allow to unify the criteria of assessment of legality of deprivation of life in armed conflicts in one test, which unifies requirements of both branches of International Law. Application of this complex test strengthens the rules, governing use of force in armed conflicts, in comparison to the norms of International Humanitarian Law and indicates a new stage of development of International Law applicable in armed conflicts.
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.
The article is concerned with one of the most debatable and negligible issues in criminal law – rebellion as a separate justification ground for crimes committed during it. The author analyzes the historical, international, constitutional and religious basis for right of people on rebellion. Then he formulates the conditions for admitting rebellion as a justification ground. The article concludes that rebellion may be treated as a justification ground only in extremely exceptional circumstances.
The authors discuss why conflicts emerge and how they are settled in different African regions and countries. Prospects for their peaceful resolution are studied. Basing on case studies, the authors propose theoretical approaches to conflicts.
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/