Международное право. Учебник для бакалавров
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
Oral international treaties can be attributed to one of the sources of international law that are less studied in the legal sciences and rarely used in the practice of interstate relations. Therefore, in the presented article on the basis of dialectical method of research, use of general scientific methods of research, as well as such private scientific methods as: historical legal, comparative legal, method of legal modelling and legal forecasting, the results of the study of legal nature of oral international treaties are presented. The work shows the advantages and disadvantages of such treaties and their attitude to them in the doctrine of international law. The issue of increasing their role in regulating interstate relations is raised. Ordinary and treaty rules of international law governing the process of conclusion, action, amendment, termination of oral international treaties and other matters related to their functioning are considered. The history of formation of oral international agreements are described, their examples are given. Similarity and distinction between oral and written international treaties, interaction of oral international treaties and domestic law are shown. The correlation of the term “oral international agreement” with such terms as “gentleman’s agreement”, “verbal agreement”, “verbal arrangement” is revealed. The requirements to be satisfied by modern oral international treaties are substantiated. Among them: conformity of oral international treaties with universally recognized principles of international law (as well as for written international treaties of UN members), non-contradiction of the UN Charter, as well as the legislation of its States; their conclusion within the powers of officials provided by national legislation, international customs or international treaties of the States concerned. It is shown that the intention of the parties to conclude a legally binding oral international treaty, the conviction of States and other subjects of international law in its legal force are the main signs that allow to distinguish this kind of Agreement among other agreements in the international arena that are not legally binding. An oral international treaty proposes to understand the legally binding international agreement concluded between States, other subjects of international law by their authorized representatives orally and regulated International law, regardless of its specific name (“oral international treaty”, “verbal agreement”, “gentleman’s agreement”, etc.) and its possible further documentation, designed to regulate inter-state relations and enforced force of the constituent entities of international law.
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/