Reference:
Batler W.E..
Elements of Supranationalism
in Eurasian Economic Community
// Journal of Foreign Legislation and Comparative Law.
2013. ¹ 3.
P. 455-459.
DOI: 10.7256/1991-3222.2013.3.63168 URL: https://en.nbpublish.com/library_read_article.php?id=63168
Abstract:
The article is devotes to the examination of aspects of supranationalism in interstate integration communities
on the example of the Eurasian Economic Community (former Commission of Tax Union). The article deals with legal
aspects of international treaties as basic mechanisms for regulation of integration processes. The “contract theory” of
compulsory decisions of international organizations is analyzed. The main point in the article is analysis of the Order of
the Constitutional Council of the Republic of Kazakhstan of November 5, 2009, No. 6 On official interpretation of provisions
of the article 4 of the Constitution of the Republic of Kazakhstan in view of procedure of international organizations
and its bodies’ judgment execution.
Keywords:
interstate integration communities, Eurasian Economic Commission, international treaties, compulsory decisions, supranationalism.
Reference:
Sazonova K.L..
Concept of “International State Crimes”
as the Basis of International Responsibility:
Comparative Analysis of the Doctrinal Positions
// Journal of Foreign Legislation and Comparative Law.
2013. ¹ 3.
P. 460-465.
DOI: 10.7256/1991-3222.2013.3.63169 URL: https://en.nbpublish.com/library_read_article.php?id=63169
Abstract:
This article devotes to the one of the most controversial concepts of comparative international law — the
concept of “international state crimes”. The author examines the views of representatives of both domestic and foreign
schools of international law concerning this concept, and highlights key issues and controversial aspects. The article
also contains the analysis of the Report of the International Law Commission “Responsibility of States for Internationally
Wrongful Acts” of 2001. The special attention is devoted to the category “serious breach of an obligation arising under
a peremptory norm of general international law”. The author assesses the applicability of the concept of “international
state crimes” to the existing international realities in the context of the frequent use of force in international relations.
Moreover, the author analyzes what kind of responsibility can be realized by state which committed serious breach of
international norms; examines the forms and types of international responsibility of states, and also compares the positions
of the various researchers upon this issue. The problem of international responsibility of states for the use of force
is also important because, despite its obvious relevance, in the domestic doctrine in recent years there has been a lack of
publications upon this theme, especially in comparison with the western doctrine.
Keywords:
comparative law, crime, state responsibility, force, doctrine, offense, genocide, aggression, law.
Reference:
C. Baudenbacher.
The European Free Trade Association Court
// Journal of Foreign Legislation and Comparative Law.
2011. ¹ 6.
P. 4-20.
DOI: 10.7256/1991-3222.2011.6.59133 URL: https://en.nbpublish.com/library_read_article.php?id=59133
Abstract:
The article is devoted to the stages of the European Free Trade Association Court formation and development
— “birth”, “growing-up”, “lawful age”, and “maturity”, — results and perspectives of its activity. The problem
of legal Nature of Agreement on the Common Economic Space is researched. The conclusion on basic difference between
the common economic space law and the European Union law is made. It consists in the absence of determined
common politics. The question on cooperation between the European Free Trade Association Court and the Court
of Justice of the European Union in view of regime of law interpretation uniformity is analyzed. The European Free
Trade Association Court is recognized by the European courts as reputable judicial instance. The national courts and
government of the States-Parties of the Common Economic Space and European Free Trade Association are guided
by its judgments.
Keywords:
the Common Economic Space, the European Free Trade Association Court, law interpretation, human rights, basic principles of the Common Economic Space law, primacy of the Common Economic Space law, direct application of the Common Economic Space law, responsibility of state, precautionary principle, principle of uniformity, principle of reciprocity, prejudicial judgment, access to justice.