The role of international courts’ decisions in the system of sources of international financial law

The paper deals with the analysis of the legal nature of international courts’ decisions and their impact on the international financial legal order. The author claims that decisions of international courts, creating no new international legal financial norms, act as an additional source of international financial law, having no autonomy, and in combination with other sources of international law, performs the following functions: 1) regulatory-prescriptive (via opinio juris of existing traditions in interstate practice in the financial sphere transforming them into international customary law); 2) regulatory-affirming (confirming the legal nature of the international agreement between the subjects of international financial legal relations which caused a disputable situation). The judicial practice on financial issues and specificity of functioning of such judicial institutions as the Permanent Court of International Justice, the International Court of Justice, the CIS Economic Court, the Court of Justice of the European Union, the Court of Justice of the Central African Economic and Monetary Community, etc. are examined. The features of the provisions of international agreements on financial issues regarding the procedure for resolving disputes between the parties of the agreement about its implementation are analyzed. The paper explores particularities of the origin and development of the idea of the creation of an international financial court. Amid modern processes of the rapid growth of the amount of cross-border financial flows in the context of globalization, which is the consequence of the implementation of numerous international financial agreements, the idea of creation of an international financial court, which was first suggested in 1935, due to the complexity of legal nature of interstate financial disputes, is an objective necessity. The following features intrinsic to decisions of international courts (including decisions on financial issues) have been identified: 1) locality (binding only on the parties involved in the case, and only in the current case); 2) situatedness and unprompted appearance; 3) impartiality (due to the judges’ lack of political interest); 4) authority (international courts include generally recognized experts in international law).

Law, Cultural Studies and the 'Burqa Ban' Trend

This book offers an in-depth account of the 'burqa ban' trend, bringing together law and cultural studies. With a focus on Europe and America, leading academics and professionals provide insights to value and identity politics, diversity, discrimination, human rights and the discussions surrounding the national and international courts' contradictory judgments.

R. LEMKIN'S CONTRIBUTION TO THE DEVELOPMENT OF MODERN INTERNATIONAL LAW AND INTERNATIONAL CRIMINAL LAW

This article presents the significance and impact of Lemkin's concept of genocide on the development of international law. We will randomly present the jurisprudence of international courts such as the ICJ, the ICC, the ICTY and the ICTR, which analyzed the concepts of genocide, including cultural heritage crimes. Residual functions of the ICTY, including oversight of sentences and consideration of any appeal proceedings initiated since 1 July 2013, are under the jurisdiction of a successor body, the International Residual Mechanism for Criminal Tribunals (IRMCT). The article also invites attention to the impact on R2P and the human rights, as well as international state responsibility and the individual responsibility.