IJ № 1 (13) 2015

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RES JUDICATA

Liseytseva and Maslov v. Russia: State Responsibility for the Debts of Unitary Enterprises

Case Commentary: Judgment of the European Court of Human Rights of 9 October 2014

Maria Suchkova

Non-enforcement of judgments by municipal unitary enterprises may  give rise to State responsibility. No effective remedies against prolonged non-enforcement of judgments issued against municipal unitary enterprises undergoing liquidation proceedings are available in Russia, which constitutes a violation of Article 13 of the European Convention. Non-enforcement of judgments amounts to a violation of Article 6 and Article 1 Protocol No. 1 to the Convention.

The Chilean–Peruvian maritime dispute: from tacit acceptance to a fair result

Solveig Henry

On January 27, 2014 the International Court of Justice in its decision concerning the maritime delimitation between the Republic of Peru and the Republic of Chile in the Pacific Ocean ruled that the 80 nautical mile border between the countries, established by the parties’ tacit consent, must be determined in accordance with the usual principle of equidistance. The author analyses severl contentious elements of the result, which he deems a just one.

The application of the principle of due diligence in the fight against impunity in the jurisprudence of the Inter-American Court of Human Rights

Oscar Parra Vera

The article is an examination of how the Inter-American Court of Human Rights applies the principle of due diligence and the evolution of the jurisprudence on that matter. The author analyzes the Court’s case law on access to justice in the light of the fight against impunity and defines due diligence standards which call for enhancing state responsibility.

JUSTICIA

Between Idealism and Realism: a Few Comparative Reflections and Proposals on the Appointment Process of Members of the Inter-American Commission and Court of Human Rights (Part 1)

Laurence Burgorgue-Larsen

The appointment procedure for judges is one of the factors that guarantee the independence of international judicial bodies. As a result of a comparative analysis of different national and international selection procedures, the author makes some remarks about how to improve the system. The first part of the article discusses specific proposals for the composition, procedures, and powers of selection bodies.

Interim Relief Compared: Use of Interim Measuresby the UN Human Rights Committee and European Court of Human Rights

Helen Keller, Cedric Marti

The article is available for free download

The institution of interim measures is an effective and powerful instrument for the human rights judiciary. Interim measures safeguard the effectiveness of the human rights protection system by preventing particularly harmful violations that would not be reparable by a decision on the merits. This article undertakes a comprehensive comparison of the UN Human Rights Committee’s and the European Court of Human Rights’ use of interim measures.

International Court of Justice's Procedure: Intervention (Part 2)

Sergey Punzhin

Intervention under Article 62 of the Statute of the International Court of Justice is an incidental proceeding which arises out of the main proceeding between States before the Court. Intervention pursuant to Article 62 is possible only if the decision in the case may affect an interest of a legal nature of a non-party State.

JUS HOMINUM

Contemporary Problems of Mass-Media Public Law Regulation in Decisions of European Regional Bodies of International Justice

Vadim Balytnikov, Dmitry Kuznetsov

The article discusses a number of recent decisions of European international tribunals regarding the mass-media which, according to the authors, are of great interest both from the perspective of their theoretical influence on the Russian national legal system and from the perspective of establishing similar judicial practices within the framework of Eurasian integration.

LEX MERCATORIA

Rare Earth Metals as a Cause to Think about Normative Value of the WTO Dispute Settlement Body’s Legal Reasoning

Anait Smbatyan, Sergey Tymma

While considering the China – Rare Earths dispute in 2014 the WTO Dispute Settlement Body missed the opportunity to correct an error it had made earlier, in 2012, in China – Raw Materials on the interrelation between the Marrakesh Agreement and China’s WTO Accession Protocol. This article discusses this error.

JUS COMMUNE

Second Veto of the Court of Justice of the European Union on the Accession of the European Union to the European Convention on Human Rights

Alexey Ispolinov

In the present article the author analyses the main points stated in the negative Opinion of the Court of Justice of the EU regarding the draft Agreement on the accession of the European Union to the European Convention on Human rights.

JUBILAEUS

The lawyer who connects nations: a view from Germany. The 90th birthday of Mark Boguslavsky

Alexander Trunk

SCHOLA

HELP IN A FEW WORDS 2015

Natacha De Roeck