Вклад Европейского суда по правам человека в развитие обязанностей государств по защите права на жизнь в вооружённых конфликтах
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 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".
Not all the questions related to the protection of right to life in armed conflicts have become subject of consideration of the international judicial and quasi-judicial bodies. Nonetheless already existing case-law allows to draw a conclusion that the role of International Human Rights Law in regulation of right to life has been changing, at least, in respect of non-international armed conflicts. These changes by their nature reflect the process of integration between norms of International Humanitarian and Human Rights Law, which leads to the strengthening of human rights protection in the specific circumstances of armed conflicts.
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 obligation of the EU to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms has become one of the most significant changes brought about by the Lisbon Treaty. Despite the fact that the accession negotiations between the EU and the Council of Europe are still going on, there is little doubt that they will be successful in the near future. The present article is dedicated to the analysis of the legal and political effects of the EU accession to the ECHR. In the first part of the article the author addresses the difficulties that the EU had to overcome in order to launch the negotiation process. The goals and objectives of the accession together with the probability of their attainment are examined in the second part. Finally, in the third part the author analyses the implications of some ECHR judgments for the functioning of the EU institutions and their impact upon the development of the EU law. The author is convinced that the ECHR judgment in the Menarini case will force the ECJ to substantially modify its approach to EU Competition law cases.
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/