«International Justice»
Issue №2 (6)

RES JUDICATA

Mosley v. the United Kingdom
Ewelina Tylec

The author comments on the judgment delivered by the European Court of Human Rights in the case of Mosley v. the United Kingdom, in which the Court unanimously rejected the applicant’s view that Article 8 of the European Convention (the right to private and family life) required member states to introduce legislation to prevent the media publishing materials concerning an individual’s private life without prior warning. The author concludes that the judgment contributes substantially to the ongoing debate about the rightfulness of the introduction of measures limiting the scope of Article 10 (freedom of expression) in
order to protect the value of privacy.

The Burial of One’s Relatives and the Right to Respect for Private and Family Life in the Case Law of the European Court of Human Rights
Maxim Timofeyev

The article analyses a relatively novel aspect of Article 8 jurisprudence of the European Court of Human Rights, namely the right to respect for private and family life in the context of the burial of one’s relatives. The author evaluates the European Court’s approach to the definition of the protected individual interest at stake and gives an overview of relevant categories of cases. He concludes that the European Court follows general principles elaborated under Article 8 of the European Convention, at the same time viewing death and burials as a special aspect of private and family life that requires the particular attention of the national authorities, while making decisions affecting such an important and sensitive private interest.

Prospects for resolving the International Court of Justice case ‘On bout whaling in the Antarctic’ (Australia v. Japan)
Alexander Solnsew, Georgy Mzhavanadze

Since 2010, the International Court of Justice has been reviewing the dispute between Australia and Japan concerning the legitimacy of the Japanese scientific programs which involve the slaughtering of whales. In this article, the authors: analyze the grounds for the dispute; describe the positions of the parties; and present assumptions on the perspectives of the Court’s decision. We also estimate the potential impact of the Court’s decision on the international legal regulation of whaling.

The Responsibility of the UN Mission in Kosovo for Violation of the Right to Life due to Insufficient Investigation (S.C. v. UNMIK)
Andrey Antonov

The article presents an overview of the opinion of the Human Rights Advisory Panel of the United Nations Mission in Kosovo, delivered in December 2012 on a complaint related to the alleged lack of proper investigation of the abduction and killing of the complainant’s close relatives, reportedly committed by members of the Kosovo Liberation Army in 1999. In this opinion, the Panel came to the conclusion that the UN Mission in Kosovo violated requirements of Article 2 of the European Convention on Human Rights (right to life) in its procedural section. The Panel also presented a number of recommendations for
reparations in this situation.

JUS GENTIUM

The Concept of human rights in the European Union Charter on fundamental laws
Maxim Kudryavtsev

In this article, the concept of human rights stated in the Charter of EU on fundamental laws (part 2 of the EU Constitution 2004) is considered. The author investigates the given document in the field of the regulation of human rights, merits and demerits of the Charter, and also its historical value.

JUS HOMINUM

Cases of enforced disappearances in the practice of organs of the inter-American system of human rights protection
Ekaterina Alisievich, Pedro Galarza

The article analyses the practice of the inter-American system of human rights protection in cases of enforced disappearances, as well as considering the key provisions of the American Convention on Forced Disappearance of Persons, 1994. Particular attention is given to features of the region, which have determined special approaches of the Inter-American Commission and the Inter-American Court to these category of cases.

JUS IN BELLO

International Humanitarian Law: how limited the international justice opportunities?
Mykola Gnatovskyy

The article assesses the extent to which the work of various international courts and tribunals in the field of international humanitarian law meets expectations of the subjects of international law and other international actors. By analysing certain specific features of international courts and tribunals applying international humanitarian law, as well as the modalities of such application, the authors comes to certain conclusions about the potential of the judicial application of rules and principles of international humanitarian law at the international level.

OPINIO JURIS

Two screws of the transitional justice machinery: International criminal courts and truth commissions
Eszter Kirs

The paper presents an introduction to the differences and similarities between the mandate of international criminal judicial bodies and truth commissions. The author argues that these institutions serve different but equally legitimate and significant goals of transitional justice. The paper provides an analysis of the legal framework for the potential cooperation between these two institutions with special attention paid to the International Criminal Court.

FORUM INCOGNITA

Jurisprudence from the first year of the Court of the Eurasian Economic Community: perspectives and results
Tatiana Neshataeva, Pavel Myslivskiy

In this article, the first year of the Court of the Eurasian Economic Community is discussed. The authors analyze the Court’s statutory documents, as well as the first jurisprudence of the Court. In addition, a number of possible improvements are suggested.

Human Rights Advisory Panel of the UN Mission in Kosovo: is there protection from the ‘protectors’?
Andrey Antonov

From June 1999 until December 2008, the United Nations peacekeeping mission in Kosovo performed all functions of the territorial administration of that province of the Republic of Serbia. During that time, a number of human rights violations attributable to the international administration were committed. The Human Rights Advisory Panel was designed to address complaints in that regard. In this article, the author analyses the pre-conditions for the creation of the Panel, its legal status and jurisdiction, and some legal and practical problems encountered during its functioning to date. In addition, a brief overview is presented of the main categories of the complaints which have been, or are still being, considered by the Panel, its main findings and questions related to realization of the Panel’s recommendations.

The African Court of Justice and Human Rights and the International Court of Justice: comparative legal analysis
Valentina Rzhevskaya

The statutes of the African Court of Justice and Human Rights and the International Court of Justice are compared in order to emphasize both traditional and innovative features of the African Court of Justice and Human Rights. According to its Statute, the African Court of Justice and Human Rights is to be based on the model of international courts embodied in the ICJ, but to improve it, eliminating some features, often believed in the modern world to be disadvantages of the ICJ.

CONVENTUS ACADEMICI

Treatise on International Criminal Law: A Review of Kai Ambos’ Treatise on International Criminal Law. Volume I. Foundations and General Part. Oxford University Press, 2013. – 560 pp.
Gleb Bogush

The three-volume treatise by the renowned German scholar Professor Kai Ambos addresses the fundamentals of international criminal law, and examines the key issues that are shaping its future. It will be essential reading for practitioners, scholars, and students of international criminal law.

Russian National Rounds of the Jessup Competition 2013
Maria Issaeva

SCHOLA

The Final of the International Criminal Court Moot Competition 2013
Gennady Esakov

In 2013, the second International Criminal Court Moot Court Competition (Russian language) was held. The structure, case and results of the competition are analyzed in the article.

Law-creating strategies of modern international courts: a comparative analysis of the practice of the European Court of Justice, the Andean Community Tribunal and the ECOWAS Court of Justice
Marat Fattahov

This article is an attempt to reveal the principal mechanisms of judicial lawmaking applied by international judicial authorities in their day-today practice. The author summarizes the practical experience of the three regional courts established within the framework of three integration alliances, and points out the differences and similarities of their lawmaking strategies.

International Justice • Issue№2 (6)