Международните договори в областта на международното трудово право и тяхнуто тълкуване
The author of the report analyses problems of legal regulation of the phenomena of mobbing and harassment in the Russian legislation, protective measures available under the Russian law and perspectives of the development of the regulation in this field.
The article contains analysis of flexibility as an important factor of the international labour standards’ effectiveness. This factor is explored in terms of substantive, form and implementation flexibility. Substantive flexibility is defined as a vague language or special «flexibility clauses» of the international treaties aimed at facilitation of their further ratification. The author suggests that ILO policy in this respect is excessively flexible, without reasonable justification by the higher probability of the Conventions’ ratification. The form flexibility is understood as the adoption of the international labour standards in form of either international treaties or as «soft-law» instruments. The experience of drafting of the ILO Maritime Labour Convention of 2006 (MLC) is treated as rather successful one in respect of combination of elements of a binding treaty and a soft-law act in the single instrument. The mechanism of amendment of the Maritime Labour Convention is also interesting in respect of the possibility to apply the amended Convention towards the state that ratified its earlier text — in the «semi-automatic» manner. The implementation flexibility follows from the politics of the international organizations concerning the control over the adopted international labour standards. Despite the fact that ILO possibilities to control the application of its instruments are rather limited, the Organization doesn’t make a full use of even the available means of control. The ILO is significantly more flexible in application of its standards than the European regional organizations — the Council of Europe and the European Union.
The article deals with the issues of Russian labour law compliance to the international labour standards in several crucial issues: discrimination in employment, freedom of association, wages etc.
This book is a collection of articles written on the results of the international scientific seminar "Legal aspects of the BRICS", organized by the University of Rome "Tor Vergata" in May 2013. Lawyers - researchers from Italy, Brazil, Russia, India, China and South Africa Republic took part in the discussion on the harmonization of the legal systems of the BRICS and prepared their works, which have been published in 2015.
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.