Priority of International Law v. Supremacy of the Russian Constitution: Collision of Fundamental Principles
This chapter aims at establishing the current balance between two fundamental legal principles in the Russian legal system - priority of international law and supremacy of the Constitution throughout the territory of the state. It argues that (1) because both principles have the same – highest – constitutional status in the legal system and this status is clearly defined, reconciliation of their hierarchical prevalence is extremely problematic; (2) the federal legislator introduced a delicate mechanism of resolving conflicts between international courts and tribunals and domestic law, however, the Russian Constitutional Court (RCC) retains a very wide margin of appreciation as to when such mechanism can be applied; (3) although all possible measures are taken by the RCC to ensure harmonious combination of national and international decisions in the Russian legal system, in exceptional cases Russian highest courts do adhere to the ‘strongest available protection of human rights’ principle to resolve possible conflicts of interpretation between international norms and the Russian Constitution.
This volume examines the complex international system of the twenty first century from a variety of perspectives. Proceeding from critical theoretical perspectives and incorporating case studies, the chapters focus on broad trends as well as micro-realities of a Post-Westphalian international system. The process of transformation and change of the international system has been an ongoing cumulative process. Many forces including conflict, technological innovation, and communication have contributed to the creation of a transnational world with political, economic, and social implications for all societies. Transnationalism functions both as an integrative factor and one which exposes the existing and the newly emerging divisions between societies and cultures and between nations and states. The chapters in this volume demonstrate that re-thinking fundamental assumptions as well as theoretical and methodological premises is central to understanding the dynamics of interdependence.
States may stipulate laws and rules, specifying conditions for foreigners to be admitted to another state's territory. Tightening requirements and making new restrictions for people who are going to visit a foreign country are one of efficient tools of foreign policy. International law has no norms obliging states to motivate the denial for a foreigner's admission into a foreign territory. The state cannot deny the admission for a foreigner if it contradicts obligations of the state implied in agreements concluded between the state of residence and an international intergovernmental organisation or in the treaties on privileges and immunities of international organisations.
The article deals with results of the scientific seminar on "Legal Aspects of the BRICS", held in St. Petersburg with the participation of law professors from universities in the BRICS countries. They are represented in the collection of articles with the same title. The author presents the conclusion about the necessity of comparative studies of legal systems of the BRICS countries for the successful cooperation in the framework of the BRICS group, notes the potential of a harmonization of the legal regulation of all spheres of cooperation, besides of the use of the international law.
The book contains articles written for the international conference "Legal Aspects of the BRICS", held 6-8 May 2013 at the University of "Tor Vergata" (Rome). They are grouped into the following sections: Legal basis BRICS: International law and Roman law; environment and sustainable development; trade: international contracts and contemporary legal systems; energy and legal instruments. Articles are devoted to actual problems of the functioning of the BRICS and cooperation of BRICS countries.
The article covers principal provisions of the UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea. The study focuses on the specifics of acting legal regimes of liability for failing to preserve goods under carriage by sea and shows the necessity to make a uniform legal regulation. The article also shows wide boundaries for applying the new Convention compared to the apllicable one and the liability kept by the carrier for failing to preserve goods and for delaying its delivery. The difference has been given between negotiable and non-negotiable transport documents, and an electronic transport record has been described as an alternative to a «hard copy» document. The article is also supplied with considering issues of period of time for suit, jurisdiction, and arbitration.
UN Convention, regime of liability, expanding scope of action, liability for failing to preserve goods, delay in delivery, transport document, electronic transport record, period of time for suit, jurisdiction, arbitration
This article deals with the conception of an Imperial Authority described in the “Siete Partidas” of Castilian king Alphonse the WIse (1252 – 1284) and its interpretation by a court lawyer of the Emperor of Spain Carl I (Carl V) called Gr. Lopez. The special attention is payed to the question of sovereignty, legal status of the emperor and of citizen’s right of insurrection.
The article is devoted to the definition of legal nature of the FATF Forty Recommendations on anti-money laundering and Nine Special Recommendations on Terrorist Financing. The first part of the article observes the creation and development of the FATF Forty Recommendations and Nine Special Recommendations on Terrorist Financing. Next, the article considers the question of determining the legal status of the recommendations of the FATF.