The Legal Framework of the OSCE
The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.
The chapter deals with the official position of the Russian Federation regarding the international legal personality of the OSCE. The author addresses Russia’s argument that the international legal personality to the OSCE may be granted only if also a constitutive treaty of the OSCE (a Charter) will be adopted, and the adoption of the separate convention on the international legal personality would be contrary to the Article 79 of the Russian Constitution. This position is analysed in terms of text of the Constitution, the case law of the Russian Constitutional Court, and the Russian international and constitutional law scholarship. The author seeks to answer the question of whether the position of the Russian Federation really stands on the firm legal ground of Russian constitutional law and on doctrinal foundations.
The article introduce translation of John Rawls's research "The Law of Peoples". This lection was written in 1993 and has not been translated into Russian before. This article analyses the conception of international justice extended by Rawls considering its terminology, methodology and basic points. International justice is explored in correlation with rawlsian fundamental theory of justice. But through the special scope conception of international justice based on liberal values goes beyond liberal societies and gives a framework for transformation of international law and policy.
The OSCE Representative on Freedom of the Media Yearbook is the only independent academic publication dedicated to the OSCE Representative on Freedom of the Media, its work, and the issues that concern it. This Yearbook contains a wealth of writing from experts and practitioners relating to various aspects of freedom of the media.
The present Article is devoted to impact on regulation of international relations by soft law. The basic views of soft law norms classification are described. The author focuses attention on influence of soft law in lawmaking process. The analysis of some treaty, custom and soft norms of international law is given. The role of General Assembly Resolutions is underlined.
An emergence of China as a new center of power causes hot debates about its possible positive and negative impacts on the system of international relations. In an attempt to explain the present and predict what is awaiting the world in the future, the humankind traditionally refers to the history. Meanwhile, in the age of new media and a rapid development of technologies this branch of knowledge inevitably undergoes changes, for example, the role played by public history is gradually increasing. For China, which focuses on soft power and the country image in the international arena, this aspect is very important, although for many centuries there is already a quite special, different from Western worldviews, relation to the history in the Chinese society. Obviously, there is a need to explore and subject to comprehensive analysis a number of features that characterize a process of a formation of Chinese historical narratives.
The arcticles included in this collection summarize the results of the second stage of international project devoted to history and contemporary state of relations between nieghbouring states, peoples and cultures.
We address the external effects on public sector efficiency measures acquired using Data Envelopment Analysis. We use the health care system in Russian regions in 2011 to evaluate modern approaches to accounting for external effects. We propose a promising method of correcting DEA efficiency measures. Despite the multiple advantages DEA offers, the usage of this approach carries with it a number of methodological difficulties. Accounting for multiple factors of efficiency calls for more complex methods, among which the most promising are DMU clustering and calculating local production possibility frontiers. Using regression models for estimate correction requires further study due to possible systematic errors during estimation. A mixture of data correction and DMU clustering together with multi-stage DEA seems most promising at the moment. Analyzing several stages of transforming society’s resources into social welfare will allow for picking out the weak points in a state agency’s work.
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/