International courts
Reference:
Shinkaretskaya G.G. —
Experience of the international courts in the area of gathering evidence
// International Law and International Organizations.
– 2021. – № 1.
– P. 1 - 11.
DOI: 10.7256/2454-0633.2021.1.33424 URL: https://en. nbpublish.com/library_read_article.php?id=33424
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Review:
The international judicial process, which emerged only about a century ago, could not be constructed by a model different from the judicial processes within the states. However, the legal framework for such process is created upon the generally accepted principles and norms of international law by the sovereign states and expresses their common will. With proliferation of the international courts in the end of the XX century emerged the pressing issue of uniformity of the judicial process, particularly the norms that regulate selection and assessment of evidence that affect court rulings. The article also explores the questions associated with witness testimony. Attention is given to the aspects of distribution of burden of proof, as well as methods, forms, and standards of proving that exist within the international judicial process. Research is conducted on the documents regulating the work of the branches of international justice and the established case law. A claim is made that international courts function within the certain framework that is defined in their constitutive acts. The analysis carried out in the article reveals insufficient development of corresponding regulation. The author concludes that a judicial body in these conditions has freedom of action that is currently clearly evident in the work of the International Court of Justice and the International Tribunal for the Law of the Sea.
Keywords:
selection of evidence, assessment of evidence, uniformity of the judicial process, proliferation of international courts, norms of international law, universally recognized principles, international judiciary, international legal process, freedom of action of the court, international law
References (transliterated):
Abgaryan D. Spory o nezamedlitel'nom osvobozhdenii zaderzhannykh sudov i ekipazhey v praktike Mezhdunarodnogo tribunala po morskomu pravu [Elektronnyy resurs] // Mezhdunarodnoe pravo. 2014. № 3. – S. 201 – 226 // URL: https://nbpublish.com/library_read_article.php?id=11602 (data obrashcheniya: 06.07.2020).
Evropeyskiy Sud po pravam cheloveka. Reglament ESPCh 1 yanvarya 2016 g. [Elektronnyy resurs] // URL: http://europeancourt.ru/reglament-espch-dejstvuyushhaya-redakciya-na-russkom-yazyke/ (data obrashcheniya: 06.07.2020).
Konventsiya 1899 g. o mirnom reshenii mezhdunarodnykh stolknoveniy [Elektronnyy resurs] // URL: http://pca-cpa.org (data obrashcheniya: 06.07.2020).
Konventsiya 1907 g. o mirnom reshenii mezhdunarodnykh stolknoveniy [Elektronnyy resurs] // URL: http://pca-cpa.org (data obrashcheniya: 06.07.2020).
Konventsiya o poryadke razresheniya investitsionnykh sporov mezhdu gosudarstvami i inostrannymi litsami. Vashington, 18 marta 1965 g. [Elektronnyy resurs] // URL: // https://www.un.org/ru/ecosoc/icsid/resources.shtmlt (data
International organizations and peaceful resolution of disputes
Reference:
Wang C., Wang S., Salikhov G.G. —
Analysis of creation of the mechanism of resolution of disputes within the Shanghai Cooperation Organization
// International Law and International Organizations.
– 2021. – № 1.
– P. 12 - 30.
DOI: 10.7256/2454-0633.2021.1.34983 URL: https://en. nbpublish.com/library_read_article.php?id=34983
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Review:
The object of this research is the Shanghai Cooperation Organization (SCO). In 2017 India and Pakistan were admitted to the SCO, which resulted in its territorial, economic, geopolitical, and legal expansion. Expansion of the SCO increased disputes between the member-states, and there is yet no well-developed mechanism for their resolution. The subject of this research is the disputes between the SCO countries. Member-states of the Shanghai Cooperation Organization, considering the peculiarities of universal approaches towards dispute resolution on the international level, developed sufficient flexibility in selection of political, international arbitration approaches towards solution of the arising problems. The author explores the confrontation between the member-states in the questions related to their territorial integrity and sovereignty. Special attention is turned to the border conflicts between China, India, and Pakistan. From the theoretical perspective of further development of the mechanisms for dispute resolution within the SCO, the author reviews the “tree-pronged” mechanism for dispute resolution, which path goes through certain stages of the process. This process involves the creation of effective internal mechanisms for dispute prevention, control, and settlement. The conclusion is made that the Shanghai Cooperation Organization has developed legal approaches towards resolution of internal problems. The author's special contribution consists in outlining the peculiarities of general approaches towards dispute settlement on the international level, as well as in indicating sufficient flexibility in selection of political, international approaches towards solution of the arising disputes. The novelty of this article lies in the proposal to create a “three-pronged” mechanism for dispute settlement, which path goes through all the stages of the process (beginning – middle– end).
Keywords:
settlement of disputes, concept, politics, state, Eurasia, Charter, UN, SCO, mechanism, triune
References (transliterated):
张宁:《关于上海合作组织扩员的战略方向的分析》,载《辽宁大学学报(哲学社会科学版)》2016年第4期,第147-153页.
吴灏文: 《“一带一路”倡议争端解决机制的模式选择与构建》,载《深圳大学学报 (人文社会科学版)》2017 年第 5 期.
王月:《WTO争端解决机制的反向协商一致原则研究》,《黑龙江大学硕
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Reference:
Skaridov A. —
“Green shipping” and the problem of sustainable use of maritime transport
// International Law and International Organizations.
– 2021. – № 1.
– P. 31 - 45.
DOI: 10.7256/2454-0633.2021.1.35070 URL: https://en. nbpublish.com/library_read_article.php?id=35070
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Review:
Green is consistently associated with the political, legal and organizational efforts of various organizations in the area of preservation and sustainable development of the environment. Having analyzes the topic, the author reflects on the legal issues of preventing marine pollution related to the introduction of the International Code for Ships Operating in Polar Waters, the requirements to the “chemistry of pollutants”, technical regulations aimed at the expel of certain ships based on their technical characteristics. The author also attempted to formulate the key statements within the framework of the concept of ecologically sustainable development of the marine transport sector. The subject of this research is the legal relations in the area of regulation of the ecological use of maritime transport. Research methodology employs the analysis of national legal sources; formal-legal, comparative-legal and systemic-logical methods. Law of the Sea has been actively struggling against marine pollution since the International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL) of 1954, creating and constantly improving the responsibilities within the framework of International Convention for the Prevention of Pollution from Ships (MARPOL). The scientific novelty is defined by the absence of analogous works in the Russian literature on the subject. The relevance of this work is substantiated by the need for adoption of legal measures aimed at ensuring efforts on amending the state maritime policy, considering that the implementation of the standards of International Maritime Organization effective since 2020, will result in expel of a considerable number of ships from the maritime sector, as well as and increase the sea freight rates.
Keywords:
marine industry, protection of atmospheric air, protection of the marine environment, atmospheric emissions, marine fuel, commercial shipping, hydrocarbons, pollution from ships, ballast water, scrubber
References (transliterated):
Emissions Gap Report. 2018 // UN Environment. Emissions Gap Report. [online] Rezhim dostupa: URL: https://www.unep.org/resources/emissions-gap-report-2018
The UNCTAD Handbook of Statistics. Geneva,2019. [online] Rezhim dostupa: URL: https://unctad.org/webflyer/handbook-statistics-2019
IMO 2020: kak snizit' uroven' sery v sudovom toplive. Stat'ya [online] Rezhim dostupa: URL: https://seacomm.ru/dokumentacija/14324/
Sendai Framework for Disaster Risk Reduction, 2015-2030. [online] Rezhim dostupa: URL: https://www.undrr.org/publication/sendai-framework-disaster-risk-reduction-2015-2030
The Review of Maritime Transport 2019. [online] Rezhim dostupa: URL: https://unctad.org/system/files/official-document/rmt2019_en.pdf
XVII sessiya neofitsial'nykh konsul'tatsiy OON po Mirovomu okeanu i morskomu pravu v 2016 godu. [online] Rezhim dostupa: www.un.org/depts/los/consultative_process/onsultative_process.htm
Modcon Systems LTD. Rezhim dostupa: URL: https://modcon.ru/applications/
Sudovoe toplivo budushchego. Sravn