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Университета имени О.Е. Кутафина (МГЮА)


CRITICAL SCHOOL OF THOUGHT IN INTERNATIONAL LAW

Статьи в номере 2 за 2017 год

Аннотация: This essay uses the theme of sovereignty in order to produce a little introduction to critical legal thinking. By focusing on the indeterminacy of an expression such as “sovereignty” it highlights the rhetorical and polemical aspects of law and the nature of legal competence as the ability to project to such expressions with a meaning as desired in the context of legal argument and contestation. One of the conclusions to be drawn from such a view is that what “sovereignty” or indeed “international law” means cannot be detached from the way lawyers use such expressions. There is therefore no a priori reason to commit to them or to reject them. It is true that they have, in the course of history, come to stand for reasonably stable ideas or expectations. But this does not mean that those connotations might not change. It is therefore important, that lawyers are not enchanted by such expressions but, instead, view critically the values and interests that their use actually supports.


Автор: Martti Koskenniemi


Рубрика: CRITICAL SCHOOL OF THOUGHT IN INTERNATIONAL LAW


DOI: 10.17803/2313-5395.2017.2.8.282-291


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Аннотация: The following brief remarks discuss the essential arguments put forward in Koskenniemi’s thought-provoking article. While I think that some of these arguments are not really fitting or are exaggerated, I agree with the author that it is much too early to put sovereignty to rest. On the contrary, we still very much need the sovereign State, but as a State whose sovereignty has undergone important changes. The real issue is not whether we need sovereignty or not, but rather how to induce the States to play their indispensable role as guarantors of the international legal order.


Автор: Eckart Klein


Рубрика: CRITICAL SCHOOL OF THOUGHT IN INTERNATIONAL LAW


DOI: 10.17803/2313-5395.2017.2.8.292-298


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Аннотация: The article focuses on the environmental and economic security of a State as the constituent elements of its national security protected by the principle of permanent sovereignty over natural resources. It also analyses interdependency of the two, exposing their practical interconnection in a way that a threat to environmental stability almost necessarily affects economic stability of a State. At the same time, a right to permanent sovereignty over natural resources is not absolute and should be exercised so as not to endanger environmental and economic security of others.


Автор: Daria S. Boklan , Daria S. Boklan Anna V. Korshunova


Рубрика: CRITICAL SCHOOL OF THOUGHT IN INTERNATIONAL LAW


DOI: 10.17803/2313-5395.2017.2.8.299-314


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Аннотация: Human rights problems exist all over Europe. Although the European Court of Human Rights is competent to deal with individual complaints about such problems, the Court is much criticised. Moreover, there may be little political will or capacity to tackle the structural problems which have caused such complaints to be made. At the same time, the judgments of the Court can be shown to have great impact on national case-law, legislation and policy. Paradoxically, thus, the Court’s case-law has an important transformative power, as is further explained in this essay.


Автор: Janneke Gerards


Рубрика: CRITICAL SCHOOL OF THOUGHT IN INTERNATIONAL LAW


DOI: 10.17803/2313-5395.2017.2.8.315-333


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Аннотация: The active participation of states as members in international organizations, including regional economic integration organizations, and the recent rapid growth in the number of such organizations, has necessitated renewed discussions of the idea of potential limitation of state sovereignty in the early 21st century. The analysis of the texts of basic laws (constitutions) of a number of member-states of certain international organizations, as well as the contemporary doctrine of international law, draws us to the conclusion that the limitation of sovereignty today is quite possible on account of the transfer of sovereign powers from the state to the international organization. Meanwhile, the article justifies the impossibility of the transfer of state sovereignty to the international organization in its entirety.


Автор: Arthur S. Gulasarian


Рубрика: CRITICAL SCHOOL OF THOUGHT IN INTERNATIONAL LAW


DOI: 10.17803/2313-5395.2017.2.8.334-345


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Университет имени О.Е. Кутафина (МГЮА) прекратил сотрудничество с издательской группой Nota Bene.

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