scholarly journals Review of the International scientific-practical conference "International Law in Supporting the Processes of Regional Integration", Kazan

2020 ◽  
Vol 8 (2) ◽  
pp. 46-50
Author(s):  
Rustem Davletgildeev ◽  
Adel' Adullin ◽  
Marsel' Garaev ◽  
Aleksey Sinnyavskiy

The review is dedicated to the international scientific and practical conference «International law in regional integration processes implementation» held at the Faculty of Law of Kazan Federal University in autumn 2019. The conference was attended by leading international law scholars from the Moscow State University n.a. M.V. Lomonosov, Moscow State Law University n.a. O.E. Kutafin, MGIMO University, RUDN University, The Institute of Legislation and Comparative Law under the Government of the Russian Federation, High School of Economics, Nijny Novgorod State University n.a. N.I. Lobachevsky, The Ural State Law University, Yaroslavl State University, academics from universities of EAEU Member States, as well as judges of the Court of Eurasian Economic Union. During the conference, the participants considered the main problems of the theory and methodology of international law, the role of international organizations in ensuring the international law, the role of international judicial institutions, as well as theoretical problems of legal integration in international and domestic law. The authors of this publication acquaint the readers with the programme, the main contents of the participant’s presentations and the results of the conference.

Author(s):  
Asha Bajpai

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.


Author(s):  
Viktor I. Panov ◽  
◽  
Julia G. Panyukova ◽  

The article presents the results of the international research and practice conference “The 9th Russian conference on environmental psychology: from ecology of childhood to psychology of sustainable development”, which was held on March 17–19, 2020 at the Psychological Institute of the Russian Academy of Education, in Moscow. The conference was organized by the Federal State Budgetary Institution “Psychological Institute of the Russian Academy of Education” (Laboratory of Ecological Psychology of Development and Psychodidactics), International State Institute named after A. D. Sakharov, Belarusian State University (Department of Social Sciences, Humanities and Sustainable Development). The main ideas and research results presented at the plenary and section sessions are presented. Particular attention was paid to the problems of childhood ecology and psychology of sustainable development.


1999 ◽  
Vol 29 (1) ◽  
pp. 27 ◽  
Author(s):  
Kenneth J Keith

The Right Honourable Sir Kenneth Keith was the fourth speaker at the NZ Institute of International Affairs Seminar. In this article he describes and reflects upon the role of courts and judges in relation to the advancement of human rights, an issue covered in K J Keith (ed) Essays on Human Rights (Sweet and Maxwell, Wellington, 1968). The article is divided into two parts. The first part discusses international lawmakers attempting to protect individual groups of people from 1648 to 1948, including religious minorities and foreign traders, slaves, aboriginal natives, victims of armed conflict, and workers. The second part discusses how from 1945 to 1948, there was a shift in international law to universal protection. The author notes that while treaties are not part of domestic law, they may have a constitutional role, be relevant in determining the common law, give content to the words of a statute, help interpret legislation which is in line with a treaty, help interpret legislation which is designed to give general effect to a treaty (but which is silent on the particular matter), and help interpret and affect the operation of legislation to which the international text has no apparent direct relation. 


Author(s):  
Stephen Bouwhuis

The inquiry by the United Kingdom into its decision to intervene in Iraq is one of the longest running and most comprehensive examinations of government decision-making. In particular, the inquiry examined in detail the processes by which legal advice was provided to and formed a part of the decision by the Government of the United Kingdom to intervene in Iraq. Through this lens, the current chapter examines what the inquiry illustrates about the general relevance of international law to the decision to intervene in Iraq and more broadly what illustrates about the role of international law in decision-making more generally. In particular, the chapter pertains to the practical and ethical aspects providing international legal advice to government as well as the nature of government legal practice more generally.


Author(s):  
Stephen Allen ◽  
Daniel Costelloe ◽  
Malgosia Fitzmaurice ◽  
Paul Gragl ◽  
Edward Guntrip

This introductory chapter provides an overview of the role of jurisdiction in international law. Jurisdiction becomes an issue in international law once a state adopts laws that govern matters which are not purely of domestic concern. In this case, the extension of jurisdiction to regulate the activities of a state’s nationals abroad under the so-called active personality principle draws on the conception of a state as more than just territory, namely as a group of persons, wherever located, who are subject to a common authority that accompanies nationality. This type of jurisdiction is exercised to protect a state’s reputation from being tarnished by the conduct of its nationals abroad. Meanwhile, the question of nationality is determined by domestic law, although international law ascertains whether such a claim of nationality by one state must be accepted by another on the basis of the ‘genuine link’ test.


2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.


2015 ◽  
Vol 3 (10) ◽  
pp. 0-0
Author(s):  
Елена Рафалюк ◽  
Elena Rafalyuk

The article is devoted to the study of the question of the values of international law, in particular the value of regional integration and cooperation of states. The author analyzes the approaches to the definition of value in terms of the classical approach (“Value as a property of the valued object or as a sample on the basis of which the evaluation shall be made”) and non-classical approach (“The relationship between the object and the statement of what should be an object”). The article discusses the formation of axiology and contribution to its development of R. G. Lotze, V. Windelband, G. Rickert, P. G. Natorp. It is expressed the idea that any axiological analysis should be cultural-historical, because the relation to human values were and remain different in different periods of human history. The author notes that international law is based on the universally valid for all mankind values. They are reflected in the generally recognized principles of international law, customary international law, the universal conventions and declarations. The government and the international community were recognizing gradually the universally significant values. The crisis of international political relations at the present stage threatens the existence of fundamental principles of international law and the values protected by them. However, with the development of globalization, we can talk about the formation of new values — the regional cooperation of states for the achievement of the common good. States are forced to participate in regional integration projects in order to be able to confront the challenges of globalization and to trade with other countries in terms of global competition. The value of integration is gradually “wires” in life through activities of bodies and international officials of interstate integration associations. However the principles of regional integration and cooperation, which include liberalization of the market, free movement of goods and services, non-discrimination of participants trade, are not always clearly interpreted and applied by supranational courts; some basic guidelines are only produced. The interaction of states should be based on common elements of the legal culture, as well as on the idea of the unity of kindred peoples laid down in the legal consciousness. Otherwise integration projects may not enjoy the support of the citizens.


2015 ◽  
Vol 3 (11) ◽  
pp. 0-0 ◽  
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin

The article discusses the main features of the Law of the Eurasian Economic Union (EAEU) from the point of view of modern international law, its legal nature and place, and functions in the regulation of the Eurasian integration. The article investigates the importance of the Foundation agreement as the international legal basis of the Union and its legal system. The author conducts comparative law analysis of conceptual models of the integration law on the example of the European legal theories of the European Union and Latin American theories of law on regional economic integration. This article gives comprehensive international law characteristics of regulatory definitions and conceptual framework of the EAEU law. The author classifies contractual sources of the Union’s Law and reveals the relationship between them. The author shows the role of secondary sources of the Union’s Law — acts of intergovernmental bodies. The author does not only list the sources enumerated in the EAEU Treaty, but also makes a forecast about the role of other international law acts and norms in the development of the EAEU Law concept. The author draws the conclusion that the Union’s Law is of an international law nature.


2011 ◽  
Vol 15 (1-2) ◽  
pp. 7-38 ◽  
Author(s):  
James Watson ◽  
Mark Fitzpatrick ◽  
James Ellis

This paper recognises the complexity of the legal framework in which international police deployments take place. The personnel, and often the mission itself, are subject to a number of different legal regimes: international law, host State law and sending State law. After briefly discussing the nature and purpose of overseas police deployments, the paper identifies the legal regimes applicable to such deployments and discusses the significance of international and domestic law to police deployments. Ultimately, this paper argues that compliance with all applicable legal regimes is essential to ensure the rule of law on overseas police deployments.


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