2 December 20, 2017
Articles and Statements
1. Dusan Dabovic
Legal Framework of International Cooperation of the Republic of Serbia in Agriculture
Russian Journal of Comparative Law, 2017, 4(2): 63-70.
Number of views: 686 Download in PDF
2. Sadik Haxhiu, Fejzulla BerishaRussian Journal of Comparative Law, 2017, 4(2): 63-70.
Abstract:
The main aim of this article is to determine and analyse the legal framework of international cooperation of the Republic of Serbia in agriculture. In this paper, the formal-legal method, the method of text analysis, and the statistical method have been used. When it comes to the materials and sources, both domestic and international regulations in force have been used, as well as the concluded international agreements and conventions, together with international acts, newspaper articles, relevant scientific papers and databases. The starting point in this research has been that agriculture, as an extremely important economic area for Serbia, and for the most countries in the world, is a significant segment of the international economic cooperation of Serbia. The legal framework governing this cooperation can be classified as the global level, the continental, i.e. the European level, and the regional level. Simultaneously, at all levels, the basic legal acts regulating the international cooperation of the Republic of Serbia in agriculture have been determined, whether they are signed international agreements, both multilateral and bilateral, or international recommendations and standards, i.e. recommended acts for legal harmonization and their implementation in the process of international integration.
The main aim of this article is to determine and analyse the legal framework of international cooperation of the Republic of Serbia in agriculture. In this paper, the formal-legal method, the method of text analysis, and the statistical method have been used. When it comes to the materials and sources, both domestic and international regulations in force have been used, as well as the concluded international agreements and conventions, together with international acts, newspaper articles, relevant scientific papers and databases. The starting point in this research has been that agriculture, as an extremely important economic area for Serbia, and for the most countries in the world, is a significant segment of the international economic cooperation of Serbia. The legal framework governing this cooperation can be classified as the global level, the continental, i.e. the European level, and the regional level. Simultaneously, at all levels, the basic legal acts regulating the international cooperation of the Republic of Serbia in agriculture have been determined, whether they are signed international agreements, both multilateral and bilateral, or international recommendations and standards, i.e. recommended acts for legal harmonization and their implementation in the process of international integration.
Number of views: 686 Download in PDF
Gender Representation in Legislative and Executive Bodies through Constitutional Quotes, Legal and Political Parties
Russian Journal of Comparative Law, 2017, 4(2): 71-77.
Number of views: 650 Download in PDF
3. Stefan KirchnerRussian Journal of Comparative Law, 2017, 4(2): 71-77.
Abstract:
Gender representation in public institutions is an immediate goal in modern democracies. Efforts targeting this goal can be implemented in various forms of lobbying such as: international women's mobility for gender equality, international gender equality associations, or through the definition of domestic legislation by applying constitutional, legal and party quotas for the representation of women in public institutions. Some states guarantee gender representation in legislative and executive bodies in their constitutions while others in ordinary laws. Gender representation in representative bodies through constitutional quotas is more advanced than gender mainstreaming in executive bodies. The efforts of women to be represented in public institutions through voluntary contributions from political parties have encouraged women to be an active part of public life through political parties. In contemporary world due to establishing constitutional, legal, or party quotas a sufficiently satisfying percentage of females is actively integrated in public institutions, gaining mandates of MPs in representative bodies, as well as senior positions in government and other executive bodies. Through affirmation of female gender representation in public institutions in some countries of the world we have women as speakers of parliament, presidents of the states, prime ministers, and political party leaders. The focus of this article is on representation of women in legislative and executive bodies through constitutional, legal, and party quotas.
Gender representation in public institutions is an immediate goal in modern democracies. Efforts targeting this goal can be implemented in various forms of lobbying such as: international women's mobility for gender equality, international gender equality associations, or through the definition of domestic legislation by applying constitutional, legal and party quotas for the representation of women in public institutions. Some states guarantee gender representation in legislative and executive bodies in their constitutions while others in ordinary laws. Gender representation in representative bodies through constitutional quotas is more advanced than gender mainstreaming in executive bodies. The efforts of women to be represented in public institutions through voluntary contributions from political parties have encouraged women to be an active part of public life through political parties. In contemporary world due to establishing constitutional, legal, or party quotas a sufficiently satisfying percentage of females is actively integrated in public institutions, gaining mandates of MPs in representative bodies, as well as senior positions in government and other executive bodies. Through affirmation of female gender representation in public institutions in some countries of the world we have women as speakers of parliament, presidents of the states, prime ministers, and political party leaders. The focus of this article is on representation of women in legislative and executive bodies through constitutional, legal, and party quotas.
Number of views: 650 Download in PDF
Access to Mental Health Care in the Arctic: a Case Study on the Rights of Indigenous Women in Norway
Russian Journal of Comparative Law, 2017, 4(2): 78-87.
Number of views: 655 Download in PDF
4. Alexander N. PisarevRussian Journal of Comparative Law, 2017, 4(2): 78-87.
Abstract:
Indigenous women are often doubly under pressure when it comes to the full realization of human rights. In particular they might face increased risks to their health and life and suffer from a lack of access to health care. In particular language and cultural differences can make it difficult for indigenous women to access health care services. This research looks at the tip of the iceberg of this problem, taking as a point of departure problems of Sámi women in Norway to access mental health care service. This is the tip of the iceberg as indigenous women in other states suffer much worse forms of discrimination, Norway has an excellent health care system and has ratified ILO 169. Yet, indigenous women in Norway are significantly less likely than non-indigenous women to access mental health care services. In the context of the conference’s overall theme this research project looks at the question whether international instruments applicable to the situation in Norway (such as CEDAW, ICCPR, ICESCR and ILO 169) give indigenous women a right to access to health care. Particular attention is given to the prohibition of discrimination and to the question of horizontal effect, which are necessary for effectively ensuring the right to access to health care.
Indigenous women are often doubly under pressure when it comes to the full realization of human rights. In particular they might face increased risks to their health and life and suffer from a lack of access to health care. In particular language and cultural differences can make it difficult for indigenous women to access health care services. This research looks at the tip of the iceberg of this problem, taking as a point of departure problems of Sámi women in Norway to access mental health care service. This is the tip of the iceberg as indigenous women in other states suffer much worse forms of discrimination, Norway has an excellent health care system and has ratified ILO 169. Yet, indigenous women in Norway are significantly less likely than non-indigenous women to access mental health care services. In the context of the conference’s overall theme this research project looks at the question whether international instruments applicable to the situation in Norway (such as CEDAW, ICCPR, ICESCR and ILO 169) give indigenous women a right to access to health care. Particular attention is given to the prohibition of discrimination and to the question of horizontal effect, which are necessary for effectively ensuring the right to access to health care.
Number of views: 655 Download in PDF
About Optional or Mandatory Constitutional Control in the Russian Federation and Foreign Countries (Comparative Legal Study of the Constitutional Laws of the States with the European Model of Constitutional Justice)
Russian Journal of Comparative Law, 2017, 4(2): 88-95.
Number of views: 715 Download in PDF
5. Marko SvicevicRussian Journal of Comparative Law, 2017, 4(2): 88-95.
Abstract:
The article overviews the topical issues of transition from optional to mandatory and preliminary judicial control carried out by the Constitutional Court of the Russian Federation which allows securing constitutionality of federal constitutional laws and federal laws based on blanket regulations of the Constitution. The author analyses general characteristics of the European (continental, concentrated) model of constitutional control, as well as particular features of its organization and implementation in selected European states which are largely determined by the peculiarities of the adopted form of government. Taking into consideration the similarity of constitutional system of state authority organization in the Russian Federation and the semi-presidential model of the republican form of government which is fulfilled in the constitutional system of many countries of Western Europe and, especially France, it is proposed to use the French model of the judicial control organization as regards the positive experience of the French Constitutional Council in implementation of preliminary and mandatory constitutional control over organic laws.
The article overviews the topical issues of transition from optional to mandatory and preliminary judicial control carried out by the Constitutional Court of the Russian Federation which allows securing constitutionality of federal constitutional laws and federal laws based on blanket regulations of the Constitution. The author analyses general characteristics of the European (continental, concentrated) model of constitutional control, as well as particular features of its organization and implementation in selected European states which are largely determined by the peculiarities of the adopted form of government. Taking into consideration the similarity of constitutional system of state authority organization in the Russian Federation and the semi-presidential model of the republican form of government which is fulfilled in the constitutional system of many countries of Western Europe and, especially France, it is proposed to use the French model of the judicial control organization as regards the positive experience of the French Constitutional Council in implementation of preliminary and mandatory constitutional control over organic laws.
Number of views: 715 Download in PDF
Politics and the Use of Force: the Analysis of Academic Opinions Regarding the Motives behind US Military Interventions from the Perspective of Neorealism
Russian Journal of Comparative Law, 2017, 4(2): 96-102.
Number of views: 665 Download in PDF
Russian Journal of Comparative Law, 2017, 4(2): 96-102.
Abstract:
Since the end of the World War II, military intervention and the use of force have taken many modes of recognition in international law. While its justification as a means of self- or collective defence remains the most commonly used, not all academicians have considered this objective as the only justification for interventions. This article analyses the opinions of researchers espousing that some powerful states can assert their dominance in other sovereign states in pursuits of national interests. This is what neorealism is concerned with and what it inevitably seeks to understand and explain. Against the opinions of scholars sharing neoliberal approach, the author analyses the examples military intervention in the 20th and 21st century particularly focusing on US and NATO military intervention. The article attempts to examine the claims for the existence of other possible political justifications for the use of force which are different from self- or collective defence.
Since the end of the World War II, military intervention and the use of force have taken many modes of recognition in international law. While its justification as a means of self- or collective defence remains the most commonly used, not all academicians have considered this objective as the only justification for interventions. This article analyses the opinions of researchers espousing that some powerful states can assert their dominance in other sovereign states in pursuits of national interests. This is what neorealism is concerned with and what it inevitably seeks to understand and explain. Against the opinions of scholars sharing neoliberal approach, the author analyses the examples military intervention in the 20th and 21st century particularly focusing on US and NATO military intervention. The article attempts to examine the claims for the existence of other possible political justifications for the use of force which are different from self- or collective defence.
Number of views: 665 Download in PDF
Reviews
6. Pavel Biriukov
Tymofeyeva A. Non-Governmental Organisations under the European Convention on Human Rights: Exceptional Legal Standing. Monografie. RWW Science and New Media Passau-Berlin-Prague, 2015. 338 p. ISBN 978-3-9816855-9-6
Russian Journal of Comparative Law, 2017, 4(2): 103-105.
Number of views: 683 Download in PDF
7. Mariya RiekkinenRussian Journal of Comparative Law, 2017, 4(2): 103-105.
Abstract:
The author elaborates on the legal standing of non-governmental organisations (NGOs) under the European Convention on Human Rights. This objective of this book is to reveal the unique status of the NGOs in proceedings before the European Court of Human Rights. The significance of their status as enshrined by the European Convention is much stronger in comparison with international regulation stipulated by other central human rights treaties. Special attention is paid to exploring the status of non-governmental organisations acting in the capacity of an applicant. The author shows that not all the procedural rights set forth by the European Convention can be effectively implemented by the NGOs. Yet the author scrutinizes the best practices of involvement of NGOs in the process having been able to attain significant amounts of just satisfaction for victims of violations.
The author elaborates on the legal standing of non-governmental organisations (NGOs) under the European Convention on Human Rights. This objective of this book is to reveal the unique status of the NGOs in proceedings before the European Court of Human Rights. The significance of their status as enshrined by the European Convention is much stronger in comparison with international regulation stipulated by other central human rights treaties. Special attention is paid to exploring the status of non-governmental organisations acting in the capacity of an applicant. The author shows that not all the procedural rights set forth by the European Convention can be effectively implemented by the NGOs. Yet the author scrutinizes the best practices of involvement of NGOs in the process having been able to attain significant amounts of just satisfaction for victims of violations.
Number of views: 683 Download in PDF
International Standards of the State Financial Activity: course booк Vladislav V. Кudryashov. M.: Financial University, 2017. 220 p.
Russian Journal of Comparative Law, 2017, 4(2): 106-107.
Number of views: 676 Download in PDF
8. Russian Journal of Comparative Law, 2017, 4(2): 106-107.
Abstract:
Mr. Kudryashov’s course book is a relevant and up-to-date work, which would replenish the deficit of study literature in such disciplines as “International standards of financial activities of the state”, “International financial law”, and “International economic law”, which are taught at the Financial University under the Government of the Russian Federation. The course book is based on many years of practice and scientific research, as well as methodological work of the author in the field of regulation of multilateral interstate public financial relations, most importantly on the topic of multilateral interstate cooperation on maintaining stability of international financial system. According to the author, one of the main methods of achieving this stability is the harmonization of internal regimes of financial and legal regulation.
Mr. Kudryashov’s course book is a relevant and up-to-date work, which would replenish the deficit of study literature in such disciplines as “International standards of financial activities of the state”, “International financial law”, and “International economic law”, which are taught at the Financial University under the Government of the Russian Federation. The course book is based on many years of practice and scientific research, as well as methodological work of the author in the field of regulation of multilateral interstate public financial relations, most importantly on the topic of multilateral interstate cooperation on maintaining stability of international financial system. According to the author, one of the main methods of achieving this stability is the harmonization of internal regimes of financial and legal regulation.
Number of views: 676 Download in PDF