IJ № 4 (12) 2014

Available only in Russian

Price 800 rub.

CONTENTS

SIMPOSIUM

INTERIM MEASURES IN THE PRACTICE OF INTERNATIONAL TRIBUNALS: EDITORIUM

Anatoly Kovler, Kanstantsin Dzehtsiarou

OVERVIEW OF PROCEDURAL AND SUBSTANTIVE ISSUES RELATING TO THE EUROPEAN COURT ’S ASSESSMENT OF REQUESTS UNDER RULE 39 OF THE RULES OF COURT

Kirill Belogubets

The author gives an overview of the origin and scope of application in respect of interim measures issued by the European Court of Human Rights under Rule 39 of its Rules of Court.

VIOLATIONS OF ARTICLE 34 ON ACCOUNT OF NON-COMPLIANCE WITH INTERIM MEASURES: EXECUTION OF THE ECtHR JUDGMENTS

Ekaterina Malareva

Although in the majority of the member States of the Council of Europe incidents of non-compliance with interim measures indicated by the Court have remained isolated and have not required any far-reaching execution measures, execution of the Court’s judgments in two groups of cases of this nature has presented certain difficulties.

PRACTICE AND OUTCOMES OF ADOPTION OF INTERIM MEASURES IN EXPULSION AND EXTRADITION CASES AGAINST RUSSIA BY THE EUROPEAN COURT OF HUMAN RIGHTS

Nadezhda Ermolayeva

The article is focused on the analysis of the European Court of Human Rights practice on the application of the interim measures under the Rule 39 of the Rules of Court, and the problems of execution of such decisions.

INTERIM MEASURES IN INTER-STATE CASES: A THREAT OR AN OPPORTUNITY?

Kanstantsin Dzehtsiarou

This short note examines the notion of interim measures in inter-state cases. It is argued that the concept of interim measures was developed by the European Court of Human Rights in the cases of individual applications.

URGENT MEASURES IN THE CASE LAW OF THE ORGANS OF THE INTER-AMERICAN SYSTEM OF HUMAN RIGHTS

Ekaterina Alisievich

The article focuses on the legal nature, procedure and conditions for the application of precautionary measures of the Inter-American Commission on Human Rights and provisional measures of the Inter-American Court of Human Rights, including the appropriate case law analysis.

PROVISIONAL MEASURES IN SITUATIONS OF ARMED CONFLICT: THE PRACTICE OF THE INTERNATIONAL COURT OF JUSTICE

Filippo Fontanelli

Provisional measures indicated by the ICJ can aim to preserve the integrity of the disputed rights but also to avoid an escalation of the underlying conflict. This ambiguity is particularly marked in disputes turning on an armed conflict. Interim measures in similar cases can serve, alternatively, the better administration of justice or peacebuilding goals.

JUSTICIA

THE INTERNATIONAL CRIMINAL COURT: PART II – THE JUDICIAL PROCESS

Anita Ušacka

The ICC is still in its second decade, explored here is an outline of its structure, formation and procedures.

INTERNATIONAL COURT OF JUSTICE'S PROCEDURE: INTERVENTION (PART 1)

Sergey Punzhin

Intervention under Articles 62 and 63 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 State.

JUS GENTIUM

JURISPRUDENCE OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA ON DISPUTES, CONCERNING INTERNATIONAL ENVIRONMENTAL AND INTERNATIONAL ECONOMIC RELATIONS

Darya Boklan

The article examines the jurisprudence of the International Tribunal for the Law of the Sea relating to disputes which involve both international environmental and international economic relations.

LEX MERCATORIA

THE MEANING OF "INVESTMENT" IN BILATERAL AND MULTILATERAL INVESTMENT PROTECTION AGREEMENTS: IS IT CORRECTLY DEFINED?

Sergey Usoskin

The article addressed various issues related to the definition of the term ‘investment’ in the bilateral and multilateral investment treaties. The author discusses possible approaches to interpretation of definitions from each of the groups.

THE STATE CONSENT TO THE RESOLUTION OF ITS DISPUTES WITH FOREIGN INVESTORS

Ilya Rachkov

The article deals with the question in which cases the state hosting foreign investments gave its consent to the resolution of its disputes with foreign investors by international arbitration tribunals.

OPINIO JURIS

EVOLUTION OF JURISDICTIONAL IMMUNITIES OF STATES: DOES EQUAL HAVE POWER OVER AN EQUAL?

Vladislav Starzhenetsky

The article is dedicated to development of norms concerning jurisdictional immunities of states and their property in modern international law influenced by human rights doctrine, fight against terrorism, obligation to ensure everyone’s right to court, protection of labor, civil and commercial rights of private parties.

SCHOLA

MOOT COURT ON WTO – 2014