«International Justice»
Issue №3 (11)

RES JUDICATA

GERASIMOV AND OTHERS V. RUSSIA – A NEW PILOT JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS
Anatoly Kovler

The article analyses the latest pilot judgment of the European Court of Human Rights regarding Russia, issued on July 1, 2014. The judgment applies the systemic problem of non-enforcement of judicial decisions by national courts about the social obligations of the state towards citizens. 

TORTURE AS A FACTOR IN VIOLATING THE RIGHT TO A FAIR TRIAL: A REVIEW OF THE EUROPEAN COURT OF HUMAN RIGHTS ‘ PRACTICE IN RUSSIAN CASES
Olga Shepeleva

This article provides a summary of the ECtHR judgments on claims against the Russian Federation alleging violation of the right to a fair trial regarding the use of violence during pre-trial investigation. It reviews cases in which ECtHR found a violation of fair trial guarantees as well as cases in which no violations were found. 

FORMER ˝YUKOS˝ SHAREHOLDERS V. RUSSIA
A COMMENTARY ON THE ARBITRAL AWARD RENDERED UNDER THE AUSPICES OF THE PERMANENT COURT OF ARBITRATION IN THE HAGUE
Ilya Rachkov

This article analyses the main arguments of the parties and their assessment by the tribunal and examines in more detail the questions of the jurisdiction of the tribunal, Russia’s liability, and evaluation of the losses for which Russia has to compensate the claimants.

FIRST DISPUTE ON TRADE IN SERVICES: THE USA V. MEXICO (MEASURES AFFECTING TELECOMMUNICATIONS SERVICES)
Olga Batura

The article provides a critical assessment of the World Trade Organization Panel report in the case Mexico – Measures Affecting Telecommunications Services – the first case that dealt exclusively with the General Agreement on Trade in Services (GATS). 

justicia

THE INTERNATIONAL CRIMINAL COURT. PART I – IMPORTANT FEATURES
Anita Ušacka

This article investigates the International Criminal Court and its features since its establishment under the Rome Statute. 

Jus HOMINUM

PROBLEMS IN RUSSIA’S EXECUTION OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN EXTRADITION AND EXPULSION CASES
Daria Treninа

This article is devoted to the new judgments of the European Court of Human Rights in extradition and expulsion cases against Russia (Rakhimov v. Russia, Akram Karimov v. Russia, Ismailov v. Russia). It provides analysis of systemic violations of the European Convention on Human Rights and underlying structural problems revealed in these cases.

FREEDOM OF ASSEMBLY IN RUSSIA: A STRUCTURAL PROBLEM AND FURTHER VIOLATIONS?
AN ANALYSIS IN THE CONTEXT OF THE EUROPEAN COURT OF HUMAN RIGHTS’ CASE LAW
Maria Issaeva, Irina Sergeeva, Maria Suchkova

The article discusses the systemic nature of a number of problems in regulating and implementating the freedom of peaceful assembly in Russia, including the most recent legislative amendments introduced in Russian law in the summer of 2014.

LEX MERCATORIA

ECONOMIC SANCTIONS FROM THE GATT/WTO STANDPOINT
Ilya Rachkov

This article tries to answer the question how Russia can challenge sanctions using the WTO dispute settlement mechanism.

NATIONAL TREATMENT OF TRADE REGULATION AS INTERPRETED BY THE DISPUTE SETTLEMENT BODY OF THE WTO
Anait Smbatyan

The national treatment is a cornerstone of WTO system together with the most favored nation treatment. When goods are alike, when treatment is less favorable for imported goods, what are the characteristics of adverse impact on trade, how the violation of national treatment should be demonstrated – answers to all these questions we find in WTO dispute settlement practice.

PERSONA GRATA

INTERVIEW WITH MICHAEL GEISTLINGER.
CITIUS, ALTIUS, FORTIUS!: INTERNATIONAL ARBITRATION AND SETTLEMENT OF SPORTS DISPUTES

BIBLIOGRAPHIA

THE RELATION BETWEEN THE WTO DISPUTE SETTLEMENT SYSTEM AND THE REGIONAL ECONOMIC COURTS
Elisa Baroncini

The article concerns the relation between the WTO dispute settlement system and the more and more numerous regional economic courts, dealing with an aspect of the larger issue regarding the connection between the Marrakech multilateral system and the agreements of regional economic integration – be they Free Trade Agreements, Customs Unions, or more, generally, Regional Trade Agreements or Preferential Trade Agreements.

International Justice • Issue№3 (11)