scholarly journals Responsibility of the Russian Federation for Shooting Down a Malaysian Passenger Aircraft on 17th July 2014

2019 ◽  
Vol 11 (3) ◽  
pp. 199-208
Author(s):  
Andrzej MIODUCHOWSKI ◽  
Antoni OLAK ◽  
Jerzy MICHNO
Keyword(s):  
International Law ◽  
Legal Issues ◽  
Civil Aviation ◽  
Kuala Lumpur ◽  
Civil Suit ◽  
The Icj ◽  
Western Ukraine ◽  
Approach Method ◽  
The Russian Federation ◽  
Passenger Aircraft

On 17 July 2014, Malaysia Airlines Flight MH17 from Amsterdam to Kuala Lumpur was shot down over Eastern Ukraine. On board Boeing 777 there were 283 passengers and 15 crew members who all lost their lives. The victims’ families and the states whose citizens were lost now seek remedies from those that are responsible for this tragedy. This paper discusses the incident of MH17 which took place in Western Ukraine. This paper uses the analytical approach method applied in legal research with the aims of answering the question presented in the paper. The MH17 incident also brings us many international legal issues, therefore it was necessary to examine the challenges of holding persons responsible for the MH17 tragedy and especially the supplier of the anti-aircraft missile that was used. It then considers international law’s capacity for preventing recurrences of this tragedy by constraining non-state actors’ access to anti-aircraft missiles. Under the doctrine of state responsibility, the Netherlands and/or Malaysia may be able to bring a case before the ICJ for violations of international law and internationally wrongful acts attributable to Russia and/or Ukraine. It seems that that Russia and Ukraine may have violated their obligations under the civil aviation conventions to communicate information, to investigate the situation and allegations against potential perpetrators, and to prosecute or extradite those that may be responsible. One of the two conclusions that could be drawn upon this paper is that not only Russia could be held responsible but also Ukraine is partly accountable for the tragedy. Based on both national and international legislation, it can be argued that Ukraine has a duty to protect foreigners legally passing through its airspace, which could form the legal ground for a case in Ukraine against the state. Second, a civil suit against the airlines could be brought before a court in several states based on Chicago and Montreal Conventions.

The Parliamentary Assembly of the Council of Europe and the Sanctions Against the Russian Federation in Response to the Crisis in Ukraine

2018 ◽  
Vol 27 (1) ◽  
pp. 77-91
Author(s):  
Antonino Alì
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal Issues ◽  
Council Of Europe ◽  
Member States ◽  
The Core ◽  
European Project ◽  
Rules Of Procedure ◽  
The Russian Federation ◽  
Heads Of State

The article examines the actions taken by the Parliamentary Assembly of the Council of Europe (PACE) against the delegation of the Russian Federation in response to the crisis in Ukraine. In 2014 the Assembly decided to suspend some of the rights of the Russian delegation and menaced to annul the credentials of the delegation if an effective effort was not made on the part of Russia to sort out the situation and to reverse the annexation. The adoption of sanctions against the Russian delegation raised several legal issues related to the very existence of a sanctioning power of the CoE and in particular of the Assembly. The question is whether the powers to “penalize” the parliamentary delegation have been exercised by PACE in conformity with the Statute. The Statute of the CoE does not attribute sanctioning powers to the Assembly in order to target the states which are in breach of Article 3 or international law more generally. This power falls firmly in the hands of the Committee of Ministers as a way to put pressure on, deter, and eventually punish a state which has seriously violated the core of the principles of the CoE system. PACE, in the exercise of its functions, may certainly contribute to activating procedures to monitor the activities of the member states, but the last word is in the hands of the Committee which may suspend the rights of representation of a state and request that the offending state withdraw from the Committee entirely. The Statute plainly does not attribute this power to PACE. In the absence of the jurisdiction of a Court to deal with the problems caused by the lack of harmonisation between the sanctions adopted by the Committee of Ministers and the ones introduced by the Parliamentary Assembly through some modifications of the Rules of Procedure, the recent call for a 4th Summit of Heads of State and Government of the CoE by the Assembly in order to “preserve and further strengthen this unparalleled pan-European project currently threatened by divisions and a weakening of member States’ commitment” by “harmonising[…] the rules governing participation, representation and responsibilities of member States in both statutory organs, while fully respecting the autonomy of these bodies” should be welcomed.

Realization of International Law Norms in the Field of Combating Human Trafficking in the Russian Federation

10.12737/2245 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 110-118
Author(s):  
Олеся Сакаева ◽  
Olesya Sakaeva
Keyword(s):  
International Law ◽  
Human Trafficking ◽  
Russian Federation ◽  
Legal Issues ◽  
Soft Law ◽  
Legal Regulations ◽  
Trafficking In Persons ◽  
The Russian Federation ◽  
Trafficking Victims

The article examines the legal issues connected with the implementation of the rules of international law on the combating trafficking in persons in the legislation of the Russian Federation. Comparing provisions of treaties, soft law and legal regulations of Russian and foreign legislation concerning combating trafficking in persons the author comes to the conclusion of the necessity of improvement of Russian legislation in the field of prevention of trafficking in persons, its criminalization and penalization, trafficking victims protection.

scholarly journals Outer Continental Shelf Delimitation in the Western Caribbean Sea (Nicaragua v. Colombia II) / Delimitação da Plataforma Continental Estendida no Mar do Caribe (Nicarágua v. Colômbia II)

2019 ◽  
Vol 47 (1) ◽  
pp. 92-135
Author(s):  
Giovanny Vega-Barbosa
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
East China Sea ◽  
Caribbean Sea ◽  
Legal Issues ◽  
Equal Division ◽  
The East China Sea ◽  
Outer Continental Shelf ◽  
Western Caribbean ◽  
The Icj

Abstract: The controversy between Nicaragua and Colombia before the ICJ now concerns maritime delimitation beyond 200 nm. One of the main legal issues in this case is whether international law allows for delimitation to take place where alternative bases of continental shelf entitlement, namely, natural prolongation and distance, are opposed. As alleged by Nicaragua, its natural prolongation extends beyond 200 nm and overlaps with Colombia’s distance-based continental shelf entitlement. Nicaragua endorses the principle of equal division and accordingly, advocates for the viability of maritime delimitation. In Colombia’s view, the distance criterion has priority and trumps natural prolongation. In this work, the author analyses the legal discourse already voiced on the occasion of the dispute in the East China Sea, in order to identify instances of parallelism and symbiotic contribution with the question of the delimitation of the continental shelf beyond 200 nm in the Western Caribbean Sea. Resumo: A controvérsia entre Nicarágua e a Colômbia, antes da CIJ, diz respeito à delimitação marítima além de 20mn. Uma das principais questões jurídicas neste caso é se o direito internacional permite que a delimitação ocorra onde as bases alternativas de titularidade da plataforma continental, ou seja, prolongamento natural e distância se opõem. Como alegado pela Nicarágua, seu prolongamento natural se estende além de 200mn e se sobrepõe ao direito de plataforma continental baseado na distância da Colômbia. A Nicarágua endossa o princípio de divisão igualitária e, portanto, defende a viabilidade da delimitação marítima. Na opinião da Colômbia, o critério da distância tem prioridade e supera o prolongamento natural. Neste trabalho, o autor analisa o discurso jurídico já manifestado por ocasião da disputa no Mar da China Oriental, a fim de identificar ocorrências de paralelismo e contribuição simbiótica com a questão da delimitação da plataforma continental para além de 200mn no Mar do Caribe.

Lockerbie: The Other Case

2000 ◽  
Vol 49 (2) ◽  
pp. 278-296 ◽  
Author(s):  
Anthony Aust
Keyword(s):  
International Law ◽  
The United States ◽  
The Other ◽  
Civil Aviation ◽  
International Court Of Justice ◽  
The United Kingdom ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The Times

To public international lawyers “Lockerbie” is more than likely to evoke the cases which Libya brought in the International Court of Justice in 1992 against the United Kingdom1 and the United States under the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971.2 The issues raised by the cases have spawned a huge literature. But, in truth, the ICJ proceedings have never been at the centre of, what might be called, the Lockerbie affair. Although they raise important constitutional issues for the United Nations, in terms of the crime committed—the sabotage of the Boeing 747 airliner on flight PA103 which exploded over Lockerbie in Scotland on 21 December 1988 killing 270 people—the ICJ proceedings have never been more than a sideshow; or as that word was once, aptly for the present case, denned in The Times crossword, an incidental skirmish. The real story is how international action, and in particular the ingenious use of international law, was successful in achieving the appearance of the accused for trial before a Scottish court sitting in the Netherlands. This example of what can be achieved in the cause of justice by legal inventiveness, imaginative diplomacy and sheer persistence, should be properly recorded.

Constitutional policy of law of modern Russia: ideas, priorities, values, directions

2018 ◽  
Author(s):  
Павел Баранов ◽  
Pavel Baranov ◽  
Алексей Овчинников ◽  
Aleksey Ovchinnikov ◽  
Алексей Мамычев ◽  
...  
Keyword(s):  
International Law ◽  
Public Administration ◽  
Public Life ◽  
Political Extremism ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Russian State ◽  
The Russian Federation ◽  
Political Economic ◽  
Comprehensive Study

The monograph is a comprehensive study of the nature, content and priorities of the constitutional and legal policy of the Russian state. The authors identify and analyze various elements of the constitutional legal doctrine (value-normative, socio-political, economic, international law, spiritual and moral, etc.), as well as the directions of its development in Russia in the XXI century. Constitutional and legal policy is considered in the context of modern problems of national and religious security, in the sphere of combating political extremism, corruption, network wars, etc.the analysis of practical issues related to the implementation of constitutional and legal policy in various spheres of state and public life is Carried out. The publication is aimed at specialists in the field of law, political science, public administration. The book can also be used in the study of such disciplines as "Constitutional law of the Russian Federation", "Legal policy of the modern state", " Fundamentals of national security»

The operational efficiency of passenger aircraft

2006 ◽  
Vol 78 (1) ◽  
pp. 32-38 ◽  
Author(s):  
Donald McLean
Keyword(s):  
Design Methodology ◽  
Operational Efficiency ◽  
Civil Aviation ◽  
Content Type ◽  
Transport Economics ◽  
Load Factors ◽  
Consistent Assessment ◽  
Definition Of ◽  
Passenger Aircraft ◽  
Practical Implications

PurposeTo provide for the use of airlines and other civil aviation organizations a practical definition of operational efficiency and to show how it can be determined.Design/methodology/approachA brief account of air transport economics is used to demonstrate how bom load factors and aircraft utilization need to be considered in assessing operational efficiency. Then other efficiencies are treated briefly before an example is given of how the better of two fictitious aircraft can be chosen for a particular route. A second example involving the calculation of the operational efficiency achieved by an imaginary airline is also given to show that the typical value is lower than might be expected, particularly in view of the relatively high load factors involved.FindingsProvides performance values and economic figures which are typical of current airline operations.Practical implicationsUse of the proposed definition will allow the consistent assessment of the economic performance of airlines.Originality/valueAt present there is no definition of operational efficiency in general use although it is greatly needed by airlines. The definition proposed in this paper is practical and easy to use.

INTERNATIONAL PROTECTION OF THE SPHERE OF BLOCKCHAIN FUNCTIONING AGAINST CRIMINAL OFFENCES: LANDSCAPE, DYNAMICS AND PERSPECTIVES

2020 ◽  
Vol 13 (7) ◽  
pp. 133-138
Author(s):  
SONA MKRTCHIAN ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Protection ◽  
Criminal Code ◽  
International Protection ◽  
Criminal Offense ◽  
Telecommunications Network ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the research is to identify the most successful ideas and legal techniques used in international law regarding regulations of defense against criminal offences in the sphere of cybersecurity, as well as blockchain functioning and cryptocurrency turnover. Results. On the basis of the positive international experience in regulating the criminal legal protection of relations in the last-mentioned sphere, the following directions for improving Russian criminal legislation were formulated: 1) fixation of the fair limits of the criminal administrative liability for defendant in reliance on the level of public danger of his personality and his offences; 2) creation of the formally defined crimes against computer information; 3) criminalization of some actions that precede cybercrimes; 4) expansion in the number of the mentioning of the sign "by interfering in the functioning of the resources of the storing, processing or transmitting computer information or data telecommunications network" as an essential or aggravating elements of crimes, typically committed with the use of information technologies (for example, in the articles number 133, 134, 135, 137, 138, 139, 146, 147, 163, 165, 240, 240.1, 241 of the Criminal Code of the Russian Federation, etc.); 5) expansion in the number of the elements of crimes combined in the chapter 28 of the Criminal Code of the Russian Federation, in reliance on the modern criminal schemes and typical criminal situations in the world of information technology; 6) expansion of the effect of the article number 274.1 of the Criminal Code of the Russian Federation on any criminal offense to the critical information infrastructure of the Russian Federation and inclusion of the additional aggravating elements in the text of this article.

THE PROBLEM OF OFFSHORE ZONES IN THE RUSSIAN FEDERATION: THE IMPACT AND WAYS OF COUNTERING

2021 ◽  
Vol 1 (11) ◽  
pp. 187-192
Author(s):  
Konstantin S. Startsev ◽  
◽  
Emil R. Myalikov ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
International Experience ◽  
Regulation Policy ◽  
The Russian Federation ◽  
The Impact

The authors provide a study of Russian and international experience of offshore zones, the problems of regulation by Russian and international law and examples and consequences of the capital out-flow as a lack of regulation policy.

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