«International Justice»
Issue №3 (7)

RES JUDICATA

Sabanchiyeva, Maskhadova, and Others: the strategic choice of the European Court of Human Rights
Maxim Timofeyev

The author analyses two recent judgments of the European Court of Human Rights concerning Russia’s special regime of burial of terrorists: Sabanchiyeva and Others v. Russia and Maskhadova and Others v. Russia. He argues that the conclusions which the Court arrived at were a result of a particular strategic choice and that they were methodologically debatable, at least.

Comment on the European Court of Human Rights Case Savriddin Dzhurayev v. Russia
Konstantsin Degtyaryov

This comment discusses and analyses the ECtHR judgment in the case Savriddin Dzhurayev v. Russia. The judgment develops the Court’s practice in so-called extradition cases, in which the ECtHR prevents extradition of the applicants to a country where they could be tortured or treated inhumanely and degradingly. This case is unusual because, despite the interim measures taken by the Court, the applicant was kidnapped and deported. This issue is a structural problem in Russia and the Court suggested special measures to remedy this situation.

Application of Article 46 of the European Convention on Human Rights by the European Court of Human Rights in the case “Savriddin Dzhurayev v. Russia
Daria Trenina

This comment is devoted to the judgment in the case Savriddin Dzhurayev v. Russia, the first extradition case against Russia where the Court relied upon Art. 46 of the Convention. It deals with the problems that forced the Court to prescribe individual and general measures to be taken by the Russian Government in order to comply with the judgment and analyzes the measures indicated by the Court in context.

Comment on the European Court of Human Rights Judgment on the case “Avilkina and Others v. Russia
Aidar Sultanov

This comment discusses the ECtHR judgment on a complaint by religious minority representatives on the grounds of violation of their privacy rights regarding personal data. The judgment contains the Court`s stance about the criteria that should be analyzed when rights and freedoms protected by the Convention are violated. According to the author, such compulsory analysis done by national courts can guarantee proper defense of rights and freedoms even if national legislation is insufficient.

JUS HOMINUM

The European Court of Human Rights Judgment in the case “Ageyevy v. Russia“: some aspects of the protection of a child’s right to family life and upbringing
Natasha Kravchuk

The article focuses on the practice of a child’s right to family protection, and in particular of the application of the “best interests of the child“ concept. The author analyses international standards in this field as declared in the European Court of Human Rights’ case-law.

JUSTICIA

The international court as a means of maintaining international peace: a comparative analysis of the proposals of L. A . Kamarovskii and H. Kelsen
Valentina Rzhevskaya

The article compares the proposals for international judicial bodies put forward by L. A. Kamarovskii in 1881 and by H. Kelsen in 1944, particularly in terms of the possible participation of an international judicial body in the maintenance of international peace. In both proposals, the setting up of an international court is considered to be an important means to maintain international peace. Furthermore, in both proposals the establishment of an international court is related to the creation of an international organisation. Another essential feature that both projects have in common, and which distinguishes them from the International Court of Justice as it currently exists, is the idea that international judicial bodies should play a part in ensuring compliance with their own decisions. However, in the proposal by L. A. Kamarovskii, an international court would only indirectly participate in the maintenance of international peace and security, while in the proposal by H. Kelsen, the use of enforcement measures directed at the perpetrator of a breach of international peace would depend on the decision of the international court.

OPINIO JURIS

Moral sovereignty in the face of “state sovereignty“ in the European system of protection of human rights
Anatoly Kovler

This article is concerned with the relationship between the jurisdiction of the European Court of Human Rights and the Council of Europe member-states’ sovereignty. It is also about the limits of discretion of member-states in fulfilling their obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms. The author highlights the main provisions of the “margin of appreciation“ doctrine and insists on the impermissibility of mixing up the concepts of margin of appreciation and freedom of discretion. Moreover, A. Kovler in his article refers to the ECtHR’s practice of pilot decrees, reviewing it in view of member-states’ reactions to these decisions. He touches on the problem of conflicting interpretations of the Convention’s provisions and the timely necessity of working out a judges’ dialogue. He also gives his opinion about the question of state’s immunities.

International Courts and transformation of national legal systems
Vladislav Strazhenetsky

The article considers the transformation of national legal systems due to the influence of decisions of international courts. The author considers legal, institutional and organizational mechanisms applied by international courts in their interaction with national legal systems, as well as difficulties international courts are facing in transforming national legal systems (using the example of the European Court of Human Rights).

FORUM INCOGNITA

Consideration of individual communications by treaty bodies in the organization of the United Nations system
Aleksey Avtonomov

The article is devoted to the consideration of individual communications (complaints) regarding acts or omissions of public authorities and/or officials, which have been violated human rights, after the exhaustion of domestic remedies by treaty bodies established under multilateral international treaties to be prepared and adopted within the United Nations. The article gives a comparative study of the questions of admissibility of individual communications (complaints), the procedure of their consideration by the Treaty bodies, the consequences of taking such bodies decisions on the merits. Briefly highlighted the main problems of possible reform of the Treaty bodies, including in the field of examination of individual communications (complaints).

LEX MERCATORIA

The role of arbitral tribunals in developing the definition of “capital investm ent“ as an example of their development of international investm ent law
Sergei Usoskin

The article deals with the role of international arbitral tribunals in clarifying the meaning of rules of international investment law. The analysis begins with the review of various ways in which decisions of international dispute settlement bodies influence the development of international law and the particular features of investment arbitral tribunals that may affect this process. Case law on the meaning of the notion of “capital investment“ in the ICSID Convention is used to consider the effect of these features.

EX OFFICIO

The Eurasian Economic Community Court’s choice of path: legal positions and protection of rights
Tatyana Neshataeva

The Court of the Eurasian Economic Community started its work in January, 2012. The author of this article discusses the main features of the Court’s functioning and the results of its activities, gives notable examples from the Court’s practice, and analyzes the specific character of the legal regulation of the integrated relationships within the Eurasian Economic Community.

SCHOLA

Praxis of the sett lement of natural resources disputes by the World Trade Organization’s Dispute Sett lement Body
Ksenia Alferyeva

The article is devoted to the practical aspects of the WTO dispute settlement system. Among the different kinds of disputes resolved by the Dispute Settlement Body, a separate category of natural resources disputes may be identified, i. e., disputes relating to the protection of the environment and human, animal or plant life or health in the process of the extraction, processing and trade in natural resources; the problem of the conservation of exhaustible natural resources and the appropriate measures taken by the members of the WTO. This article covers some Panel and Appellate Body Reports which contain tests applicable to recognizing if these measures are consistent or inconsistent with the WTO Agreements.

Russia’s twelve years of participation in the Jessup competition: view from behind the scenes
Maria Isaeva

This article discusses the 12-year history and significance of the Jessup Competition in Russia. The author describes problems of legal education at Russian universities which became visible after Russian students broke into the world, and suggests the way forward using unique experience of the Russian National Administration of the Competition.

International Justice • Issue№3 (7)