This monograph is dedicated to both theoretical and practical problems of joint application of International Humanitarian Law and International Human Rights Law norms in armed conflicts. Special emphasis is made on the contradictions between norms of both branches of International Law in the sphere of protection of right to life and right to liberty. Conclusions made by the author are based on the analysis of norms of International Law, practice of their application by international organizations and states, decisions of the International Court of Justice, The UN Human Rights Committee, The European Court of Human Rights, The Inter-American Commission and Court of Human Rights, The African Commission on Human' and Peoples' Rights, international and mixed criminal courts and tribunals, as well as legal literature.
Theoretical inquiries of the author have continued since the first edition of the monograph has been published in 2015. In particular, an emphasis has been made on the possibilities of integration between norms of International Humanitarian Law and Human Rights Law, which derive from the structure of subjective public rights and can be deduced from relationship between derogation from human rights obligations and limitation of human rights. Economic, social and cultural rights in armed conflicts have been analyzed in more depth. Moreover, as practice of international judicial and quasi-judicial bodies is still continuing to develop, the new edition of the monograph takes into account all new decisions.
A right to the highest attainable standard of health has been universally recognized as a human right by numerous important international conventions in the last six decades. So far, limited work has been done to examine constitutional protection of health rights and their relation to population health outcomes on a global scale. In addition, the analysis of how nations translate this right into impactful health policies is lacking due to previous lack of quantitatively comparable global data. In this paper we rely on official online sources and email interviews with country health policy experts to construct a global dataset of national health plans and to analyze the scope of health coverage. We also link these data with a database on the status of constitutional rights in 191 United Nations member states from the World Policy Analysis Center at the University of California, Los Angeles. This allows us to examine in which countries constitutional health guarantees are associated with policies that aim to provide adequate, accessible and affordable to all health care, and in which nations there are rights on paper but not in practice. Our analysis provides information necessary for tracking the progress and for identifying the gaps in the practical implementation of the rights to health worldwide.
Updating the procedural law and the impact of the legal positions of the European Court of Human Rights on the Russian legal system necessitated the awareness of the universality of the requirement to provide the same level of legal guarantees that form the basis of the concept of a fair trial. Embodiment of the requirements of the concept of a fair trial in the procedural legislation is a guarantee of compliance with the Russian Federation's international obligations in the field of human rights and fundamental freedoms. The requirements called concepts apply to all stages of the process and all of its forms (the civil law, administrative, criminal, constitutional), and they are related to the criteria of the right to good governance, it can be stated that the level of legal guarantees one in European legal family. However, it is not the same in the Russian legislation: in judicial and non-judicial process. This is a big problem requiring speedy resolution. Is an issue with high-level legal safeguards in the procedures of inspections of judicial decisions in the courts of general jurisdiction. Compare the rules of judicial review with the rules of extrajudicial inspection led to the conclusion: legal guarantees are reduced as one moves up the affairs of the court, and at the level of the supervisory authorities are practically no. It is necessary to set the same high level of legal safeguards in procedural law as a prerequisite for genuine justice to ensure the rights, freedoms and legitimate interests of man and citizen, as well as the organization in a state of law. The constant growth of legal safeguards in national law is an essential aspect of sustainable development.
The study of the evolution of comparative law in Russia and the trends in its development shows how complex and contradictory this process has been. Currently the theory and the exisiting methods of application of comparative law enable to succesfully solve the practical problems of the legal regulation of state-enterprise cooperation in different fields. Citizens obtain guaranteed means of realizing their legal interests and rights through the universal mechanism of the supremacy of law.
In the book the axiology of the universal system of protection of human rights is presented. Much attention has been devoted to the Universal Declaration of Human Rights and other instruments of the United Nations system. The concept of legal pluralism in the area of human rights protection has been emphasized. An analysis of such fundamental rights as: the right to dignity was made; right to life; the right to freedom of information; the right to freedom of conscience and religion. The importance of children's rights is underlined. The role of the opposition in a democratic state was pointed out. The threats to human rights implementation related to such phenomena as: terrorism, mass waves of refugees or human trafficking were analyzed. Human rights were also confronted with animal rights.
This article describes the concept of reasonable accommodation in Russia. The authors describes which mechanisms of reasonable accommodation are present in the Russian labor legislation.
As Giandomenico Majone fairly stated in his Evidence, Argument and Persuasion in the Policy Process, politicians know too well but social scientists too often forget, that “public policy is made of language” The idea to apply categories of rhetoric to the policy-making is not by itself new, for the "analysts, like lawyers, politicians, and others who make a functional use of language, will always be involved in all the technical problems of language, including rhetorical problems”. The article analuzed human rights discourse and tries to fina an answer to the question, why the idea of human rights remains unpopular with certain segments of the Russian society and how human rights activists and lawyers may promote the idea of human rights.
Why has there been a human rights backlash in Russia despite the country having been part of the European human rights protection system since the late 1990s? To what extent does Russia implement judgments of the Strasbourg Court, and to what extent does it resist the implementation? This fascinating study investigates Russia's turbulent relationship with the European Court of Human Rights and examines whether the Strasbourg court has indeed had the effect of increasing the protection of human rights in Russia. Researchers and scholars of law and political science with a particular interest in human rights and Russia will benefit from this in-depth exploration of the background of this subject.
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/