Международное право. Учебник для бакалавров
The author analyzed distinctive features of the modern terrorism as a global challenge for international community and international law. Based on this analyzes, the author developed several proposals that should enhance an effectiveness of the global counter-terrorism efforts.
The article analyzes the contemporary approaches in the European Court of Human Rights practice to the collection and considering of evidences in international litigation. The conclusion is made that the existing “flexible” evidential practice, using of the different presumptions and of the “beyond reasonable doubt” concept could cause serious risks for the whole international dispute resolution system. It is specifically important statement with regard to the cases on massive human rights abuses, including interstate disputes. The mentioned problems could be solved only through the dialogue between the national and supranational jurisdictions, acceptance by the international tribunals of the instruments, developed by national courts
This article illustrates the key results of the recent arbitration reform in Russia with regard to both legislative changes and jurisdictional trends. The main trajectories in the development of arbitration in Russia are identified based on international practices and global challenges.
The paragraph is devoted to the historical and legal analysis of the legal (judicial) policy of the Russian state of the XIX century in the context of the development of international law on the example of civil proceedings. The author describes the categories of legal policy and legal policy, determines that since the XIX century legal policy, including judicial, should be investigated in the framework of the interaction of national and international law, describes the judicial policy of the Russian empire of that period in terms of civil proceedings in the context of the relationship between national and international law.
The book analyzes various aspects of the globalization of law.
The doctrine of international law pays a lot of attention to the formation norm of customary international law. At the same time, it is quite rare to find studies on their evolution and the end of existence. In this article, therefore, based on a dialectical approach, the use of scientific research methods, and such private-scientific methods as a comparative legal method, as well as methods of legal modelling and legal forecasting, the results of the study of the evolution norm of customary international law, as well as their extinction, are presented. In the case of the established norms of customary international law, 142 Law in the Modern World their evolution provides for a stage of their qualitative change, development and is conditioned, first of all, by the needs of the development of inter-State relations. Evolution is accompanied by clarification of the elements of such norms. At the same time, the emergence of a new norm is not possible without violations of existing ones, and offenders, deviating from the established norms, with international legal responsibility, at the same time must explain to other States the reasons for such behavior. This practice is mainly related to the dispositive norms of international law. In order for a new norm of customary international law to be formed, it is necessary that the deviation from the previous norm be massive, initially local and, in the future, universal. The criteria for the formation norm of customary international law are applicable to assess the changes that are taking place. The main factors that may influence the evolution norm of customary international law include the emergence of a non-existent rule of amended new rule in the laws of states, the international treaty, and the new international soft law. Codification and the progressive development of international law contributed to the evolution norm of customary international law. It is important to note that, in the absence of the needs of social development, as well as appropriate practice, the norm of customary international law dies. In this case it is possible to create fundamentally new norms of customary international law, and in the future their evolution
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/