Мир и наказание: Тайные войны международной политики и правосудия
In the book the press secretary of the International Criminal Tribunal for the Former Yugoslavia F. Hartmann in a fascinating form speaks about the "hidden springs" of the administration of the international criminal justice. The political portraits of the main war criminals are given, including R. Karadzic and R. Mladić. Capable psychological sketches of relationships within the Prosecutor’s Office of the Tribunal’s are given, as well as between justices, which convey the atmosphere of litigation in general. A special place is given to the trial of the former Serbian President S. Milosevic. For a wide range of readers.
The process of formation of the socalled «integration justice» and the search for «models» of such justice in different regions are considered. The attractiveness of the model of the Court of Justice of the European Union (CJEU), as well as the presence of distinctive features of different courts, in particular of the Court of the Eurasian Economic Union, are noted. A significant place is given to the formation of the rule of law of the European Union by the decisions of the CJEU, the concepts of the EU legal system as a «constitutional order» and as an «autonomous legal system»; shows the mechanism for interpreting the provisions of the founding treaties by the EU Court, the imple mentation of court decisions by EU institutions and national jurisdictions. Using the example of convergence of national legal systems in the field of justice, the influence of the practice of the European Court of Human Rights on the legal integration of the states of the European continent is shown. The activities of the courts of the CIS, the EurAsEC, and the EAEU are reviewed against the background of the current state of integration processes in the postSoviet space. Analysis of the activities of courts of integration associations in Latin America and Africa allows us to broaden our understanding of the diversity of forms of regional integration in the modern world, and to acquaint readers with the practice of courts of integration associations outside Europe. The monograph is supplemented by a large section containing the provisions of the constituent agreements of integration associations concerning the courts of these associations, as well as the rules of procedure of these courts. For the law students, teachers, researchers and legal practitioners.
Abstract. The causes of the escapement of Russians from Ukraine are herein analyzed in connection with mass riots spread in Kiev in November-February of 2013-2014 and crimes committed in the course thereof. An attention is paid to sources, manifestations and consequences of such events as well as to the response of Donbas thereto. The need is justified to curb the vindictive action conducted by the Kiev authorities in this region, which is actually the genocide of the Russian people. The importance of the participation of international justice is proved, both formal and public one.
This article examines the phenomenon of “dealing with the past” in the activities of international criminal tribunals, particularly the International Criminal Tribunal for the Former Yugoslavia. The “politics of memory” is analyzed as one of the elements of transitional justice, which makes it possible to make a transition to peace. There are two main strategies that the state can follow when attempting to deal with its own past: either a policy of silence, or a policy under the motto “never again!” The ambiguity of the truth that is extracted during the course of forensic investigation is emphasized. Particular attention is paid to the psychological and socio-cultural difficulties that arise in a person or an ethnic group when interacting with a different treatment of events than that adopted in their environment. In this regard, the specificity of “memory wars” is revealed as a defensive reaction to another version of historical events. Specific examples illustrate the attitude of the tribunal to the events of the Yugoslav war of 1991 to 1995. The ambiguous role of truth commissions has been identified, which in practice may prove less effective than full-fledged criminal tribunals. The possibilities of using the “memory policy” in post-conflict areas, in particular in the example of Bosnia and Herzegovina and Ukraine, are considered. The article concludes with a question: Given that it is known that the version of past events that is supported in a court’s opinion is referred to as forensic truth, is it possible that a key purpose of the existence of international law is to achieve maximum conversion of forensic truth and actual truth?
In the present article author analyses the key problems of the development of the international justice in conjunction with international law and policy. Using the European Court of Human Rights as example, he demonstrates the trend of development of international jurisdictional bodies. Upon author’s view, the balanced development of the international law as well as the vitality of the existing mechanisms of the international protection of human rights are impossible in the absence of the effective dialogue between national and supranational courts.
The chapter discusses the approximation of national systems of procedural law as an example of the legal integration of states.
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/