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No 12 (2020)
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A WORD TO THE READERS

KUTAFIN UNIVERSITY CHRONICLE

UNITED NATIONS AND RUSSIA

VECTOR OF LEGAL SCIENCE. CURRENT PROBLEMS OF UN ACTIVITIES

38-52 277
Abstract

Examining the history of the UN creation in the first part of the article, the author focuses on an exceptionally significant issue settled in 1945 during the Crimean Conference of the Heads of the Three Great Powers, namely: the order of voting in the UN Security Council. Various appeals to renounce the “veto” of permanent members of the UN Security Council enshrined in the UN Charter have become the main leitmotif of numerous attempts of the United States and their closest allies to revise the UN Charter. Reviewing such proposals, the author notes that populist ideas the essence of which constitutes the call to replace, based on the principles of equality of all States, an international Organization by a supranational structure whose activities would actually be based on the principle of “who has force, has power” have been disseminated in Western political and scientific circles.

The author goes on to consider the crucial question: whether the Organization have been able to cope with its main mission: to maintain international peace and security?

Listing the outstanding universal documents of our time developed in the bowels of the UN, the author calls the most notable, in his opinion, achievement of the Organization — a real liberation of dozens of countries in Asia, Africa and Latin America from colonial oppression. Analyzing the activities of the UN, the author acknowledges that the Organization in many respects is still far from its unifying convergent essence: the US and its NATO allies lead the policy aiming at crashing the system of international relations, based on the central role of the UN in world politics; the US promote a concept that implies the creation of closed alliances to develop and implement measures bypassing the UN. Amid such realities, Russia, seeking to strengthen multilateral principles in international affairs, emphasizes the creation of a self-regulating international system, which requires collective leadership of the leading States that is represented geographically and civilizationally, and exercised with full respect for the central and coordinating role of the United Nations.

The article also draws attention to the fact that modern reality identifies more and more intractable problems, which often lead to the “autonomization” of international law: “niches” that are not filled with legal material inevitably give rise to situations where the gaps concerned are governed by particular and special rules based on bilateral or regional foundations, The author sees the empowerment of international law in the approval of principles of intercivilizational communication, the pursuance of synthesis of various legal systems, ideologies, cultures, religions and other spiritual values, which would provide a reliable basis for strengthening the importance and influence of international law.

53-67 344
Abstract

The article deals with both juxtaposition and differentiation of the concepts of “basic principles” and jus cogens (peremptory norms of general international law) as phenomena of international legal reality from the point of view of their location in the theory and practice of international law. Not limited to fixing a serious problem that exists in the field of research and consists in a considerable variety of terms having complicated the apparatus of modern international legal science, this article provides a consistent differentiation of many other individual notions which fall under the head of the principles of international law. Along with this, as the key-stone of the problem under consideration the broader “layer” — the analysis of the “principle” as a category of legal science shall be subject to accentuation as core, dominant in modern international law. Since the “basic principles” are one of the main concepts of both the system of international law and its science, they are evaluated primarily from the point of view of their functional role in the legal regulation of interstate relationships. While being compared with the peremptory norms of general international law (jus cogens), the basic principles are also envisaged in this article aiming to determine their importance for the theory and practice of international law in general.

68-82 416
Abstract

The article outlines main directions of international legal regulation of physical culture and sport in the United Nations system at the present stage. The author analyzes the powers of the UN General Assembly and its subsidiary body — the Human Rights Council, the UN Security Council, and the Department of Economic and Social Affairs of the UN Secretariat. The author demonstrates how an unfavourable outcome of a football match can become a catalyst for aggravating an interstate dispute and its subsequent transfer to the International Court of Justice. The article describes the interaction between the Olympic movement and two of the UN specialized agencies — the United Nations Educational, Scientific and Cultural Organization and the World Health Organization.

83-94 776
Abstract

Any international treaty provides balanced obligations for its parties. Modification of some fundamental circumstances, existing by the moment of conclusion of a treaty, leads to necessity of its adaptation to new conditions. In this regard, the author was concentrated on the investigation of the current problem of modification of international treaties. The author focuses on different international treaties for the purpose of identification general and specific ways of modification of treaties, which have been formed by international practice. The article deals with the treaty practice of states on modification of treaties. Particular attention is paid to the norms of the Vienna Convention on the Law of Treaties, 1969. The author uses different methods of scientific research: systematic, structural, historical, comparative analysis. As a result of the study, the author came to the conclusion concerning the most typical ways of modification of treaties. Despite widespread treaty practice of inclusion of special measures of modification of treaties, there are some other ways of modification of treaties. For example, a treaty can be revised by subsequent practice of states or periodic conferences of its participants.

95-110 387
Abstract

Trade is defined as one of the key enabler of implementation of the Sustainable Development Goals Agenda 2030. Trade facilitation is important trend of trade in sustainable development, as expected will promote of growth acceleration and international trade and also will enhance economic, ecological and social aspects of sustainable development. In article is offered to consider the main activities of the United Nations in the trade facilitation. In the article it is offered to consider the main activities of the UN in the sphere simplification of procedures of trade The article considers the work of the United Nations in the of trade facilitation field, in particular the work of the United Nations, sustainable development, trade facilitation, International law, United Nations Commission on International Trade law, United Nations Conference on Trade and Development, United Nations Industrial Development Organization, United Nations Economic Commission for Europe, United Nations Centre for Trade Facilitation and Electronic Business, United Nations Economic and Social Commission for Asia and the Pacific, United Nations Network of Experts for Paperless Trade in Asia and the Pacific.

ДЕЯТЕЛЬНОСТЬ МЕЖДУНАРОДНЫХ ОРГАНИАЦИЙ

ПРАКТИКА МЕЖДУНАРОДНОГО СУДА ООН

TRIBUNE FOR YOUNG SCIENTIST

150-158 356
Abstract

The article examines and analyzes the work of the UN Organs, Programmes and Agencies in solving the problem of protecting the rights of environmental migrants. It demonstrates the gradual recognition at the international level of the fact that it is necessary to protect the rights of people forced to migrate to safe and habitable areas in conditions of climate change (the rights of environmental migrants). Despite the fact that climate change has not been recognized as a factor directly in fl uencing migration and that the climate change is considered only in conjunction with other causes (economic, political, social, etc.), the UN Organs, Programmes and Agencies are working on research and recognition of the negative impact of the climate change on the full enjoyment of human rights. The author suggests that such work of the UN system will help to form and consolidate the international legal status of environmental migrants and subsequently to solve the problem of the environmental migration.

159-171 670
Abstract

The article considers the principle of international cooperation within the framework ofmodern international space law. The author comes to the conclusion that the principle is a principle of general international law, but it has some features in international space law due to the specifi c of this branch. Such features include the implementation of international cooperation in accordance with international law, including the Charter of the United Nations and the Outer Space Treaty; for the bene fi t and in the interests of all countries taking into special consideration the needs of the developing countries (In particular, obligation of the States to consider on a basis of equality any requests by other States Parties to the Outer Space Treaty to be aff orded an opportunity to observe the fl ight of space objects launched by those States and to inform the international community of their activities in outer space); on an equitable and mutually acceptable basis, using the most eff ective and appropriate modes of cooperation; in the fi eld of the exploration and use of outer space for peaceful purposes. The broad participation of the private sector in international space cooperation is also an important feature.

ЮРИСТ-МЕЖДУНАРОДНИК: НАУКА И ОБРАОВАНИЕ.ИЗВЕЧНАЯ ДИЛЕММА: ФОРМА И СОДЕРЖАНИЕ (СОВРЕМЕННАЯ ПРАКТИКА ЗАЩИТЫ ДИССЕРТАЦИЙ)

ЮРИСТ-МЕЖДУНАРОДНИК: НАУКА И ОБРАОВАНИЕ. ПРОФЕССИЯ: ЮРИСТ-МЕЖДУНАРОДНИК

182-196 382
Abstract

Even though international lawyers represent a variety of countries with diff erent cultures and legal traditions, with diff erent levels of economic development and political goals, they constitute a unique professional community ("a kind of invisible college dedicated to a common intellectual enterprise", according to O. Schachter) speaking one language — the language of international law. In international relations, in the absence of a higher (supranational) authority, lawyers sometimes become the only ones who "civilize" the protection of national interests, according to M. Koskenniemi; it causes specifi c ethical professional problems, which are considered on the example of the work of a lawyer in foreign policy departments, in international organizations and in international courts. The article substantiates the idea that international lawyers, due to the huge creative potential of their profession, are, in fact, the "architects" of international law and the system in which it exists.

НЮРНБЕРГСКИЙ ПРОЦЕСС: УНИКАЛЬНОЕ ПРАВОВОЕ ЯВЛЕНИЕ

197-216 435
Abstract

The article examines the significance of the organization and holding of the Nuremberg International Military Tribunal for the trial of war criminals in 1945-1946 from the point of view of modern international law. (hereinafter — MW) as a unique experience of successful international cooperation, it is highly in demand nowadays; based on the analysis of the Sentence MW formulated a number of lessons for modern national and international justice; made the judgment that the contractual sources (Berlin Declaration, the London Agreement and Charter of the IMT) has had an enormous influence on the subsequent development of international contractual practice; noted that MW took all that was best in socialist (USSR), in fact, continental (France) and the Anglo-Saxon (US and UK) legal systems, have managed to overcome "the system" and national barriers and to find mutually acceptable solutions; it was concluded that since the implementation of international justice aimed at replacing the national justice condition the exercise of international jurisdiction is the loss (In varying degrees) by a state of its sovereignty; the author’s expressed judgment that the effectiveness of national legal and judicial systems based on the Nuremberg jurisprudence, is opposed to international justice, however, the assignment of the functions of international justice in national judicial systems is no less disturbing; In the context of the refusal of the Russian Federation to participate in the ICC, the importance of concluding bilateral agreements with the states parties to the ICC on the exclusion of Russian citizens from the jurisdiction of the ICC in compliance with the principles of the inevitability of punishment, reciprocity and selectivity, as well as the establishment of prohibitions on both cooperation of state authorities with the ICC and the participation of Russian peacekeepers in operations in countries that are under the jurisdiction of this court is emphasized. The MW has set the guidelines that form the fundamental values of modern civilization.

SCIENTIFIC RESEARCH

217-223 313
Abstract

The article analyzes the norms of the Constitution of the Russian Federation and the current budget legislation, as well as legal positions developed by both the doctrine and law enforcement practice, in order to identify the principles of construction of expenditure obligations. Industry-wide spending principles as well as specific principles are identified. The presented systematic approach in the study allowed us to summarize that the regulatory and legal consolidation of the principles under consideration in specialized legislative acts will allow us to effectively and efficiently plan and implement the mechanism of financial and legal regulation

224-232 691
Abstract

This article deals with the influence of globalization, information and communication technologies on the scientific understanding of sovereignty as an international legal category and constitutional value. The category "sovereignty" in its axiological dimension acts as a basic element of the national system of constitutional values. In the international legal context, the principle of respect for the sovereignty of the state is a system-forming one. It is noted that due to the dualistic value nature, sovereignty is subject to protection by both national constitutional legislation and international law. The author analyzes UN documents and the constitutions of the CIS member States and suggests ways to optimize the legal protection of state sovereignty in the digital environment.

233-248 403
Abstract

The article is dedicated to the study of legal regulation development of the EU Arctic policy, on the example of its current basic document (Joint Communication by the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy on An integrated European Union policy for the Arctic 2016) provisions evolution in the latest documents — four conclusions issued by the Council of the European Union in 2016 and 2019. Place and role of the aforementioned acts in legal regulation of the EU Arctic policy, as well as their interconnection, is examined. View of the Council of the European Union, as one of the Policy addressee, on its further development is demonstrated. By means of in-depth analysis of thematically different conclusions of the Council of the European Union, their contribution to the development of the ideas of Joint Communication within such directions as environment, sustainable development and international cooperation in Arctic is considered; new proposals and approaches are underlined. Special attention is paid to the definition of the legal nature of Joint Communication and conclusions as atypical acts of the EU institutions. During the study of documents accompanying the conclusions (especially on space issue), an integrated nature of the EU Arctic policy is demonstrated, i.e. its relationship with other EU policies and areas of competence (maritime, environmental, space). Based on the results of the study, several findings are made: Council conclusions of 2016 and 2019 compose together a single entity as integrated documents package, serve as the basis for further actions by the EU and Member States in the Arctic region; implementation of 2016 Policy in 2019-2020 and 2021 is carried along the same lines laid down by it, according to the same priorities, which are more adapted and supplemented by documents following it, with tendency to greater integration of Arctic policy into neighboring areas of competence.

LAW IN HISTORICAL REFRACTION. Legal Monuments

LAW IN HISTORICAL REFRACTION. Legal heritage

LAW IN HISTORICAL REFRACTION. Some Pages of the Past Periodicals

POST SCRIPTUM



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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)