Права человека в вооруженных конфликтах: проблемы соотношения норм международного гуманитарного права и международного права прав человека
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.
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.
The author researches the key problems of the formation of the Russian-speaking Diaspora in a separate poly-ethnic region. The major trends of the adaptation of the Russian-speaking Diaspora in Finland have been studied as well.
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.
This compendium comprises transcript of the workshop on ‘Human Rights on the Internet: legal frames and technological implications’ organized by the Higher School of Economics on the 7th Internet Governance Forum (Baku, Azerbaijan, 6–9 November, 2012) and relevant articles on legal and technological issues of Internet Governance in sphere of human rights, prepared by the group of legal and technical scholars of information studies of the Higher School of Economics. This compendium is devoted to the forthcoming 8th Meeting of the Internet Governance Forum on Bali, Indonesia, 22–25 October 2013.
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/