Problems of application in Russian juridical system of unification legal norms of private international law

2013 ◽  
Author(s):  
Rudol'f Petrosyan
Keyword(s):  
International Law ◽  
Private International Law ◽  
Legal Norms

scholarly journals Short Analysis of Klaus Barbie and Jean-Pierre Bemba Gombo in Pointing out of the Responsability of Natural Persons for International Crimes

2020 ◽  
Vol 8 (2) ◽  
pp. 56-67
Author(s):  
Dumitrita Florea
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Liability ◽  
International Criminal Law ◽  
Private International Law ◽  
Foreign National ◽  
Public International Law ◽  
Legal Norms ◽  
International Crimes

In international law doctrine carried on extensive talking and still it is a actual subject, if the individual is liable of responsability and, implied, of sanction for international crimes. Before to reveal some aspects of natural persons responsability for international crimes a couple of clarifications is required. Thus, we recall that the first author which use the term international criminal law was Jeremy Bentham, who distinguished between the criminal law of the community of states and the criminal law of a state. Over time, legal doctrine has extrapolated the concept of legal relationships with an international element, making the distinction between public international law and private international law. If criminal law is a branch of public law, then international criminal law becomes a sub-branch of international law, regulating criminal legal relationships with an international element. In other words, referring to private international law, we specify that it represents the totality of legal norms that resolve conflicts of laws or conflicts of jurisdiction and those regarding the legal status of the foreign national. In this context, the international element appears as a factual circumstance related to a legal relationship due to which this relationship is related to several legal systems (or laws belonging to different countries). With regard to international criminal law, we specify that this is a branch of public international law and designates the set of legal norms stipulated in various conventions and treaties by which states, in their capacity as subjects of law, order the repression of illicit acts that infringe fundamental rights of the international community. In other words, international criminal law consists of rules of general international law that govern the criminal liability of natural persons, individuals, for acts that harm international public order and constitute crimes against humanity.

scholarly journals IN THE LABYRINTS OF PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 217-225
Author(s):  
H. S. Phedinyak
Keyword(s):  
International Law ◽  
Educational Process ◽  
Private International Law ◽  
Legal Norms ◽  
Stage Of Development ◽  
History Of Development ◽  
Thirtieth Anniversary ◽  
National University ◽  
History Of ◽  
Spread Of Infection

The article is dedicated to the thirtieth anniversary of the Department of International Law of the Faculty of International Relations of the Ivan Franko Lviv National University (the department and the faculty were founded in 1991). The development of private international law as a science and the organization of the educational process through the efforts of specialists from the Department of International Law of the Ivan Franko National University of Lviv are analyzed in this article. This publication states the continuity that is preserved in the science of private international law in Ukraine. Works of many scientists of Soviet and modern Ukraine (V. I. Kisil, V. M. Koretsky, G. K. Matveev, Yu. G. Matveev, V. P. Pastukhov, A. A. Pidoprigora, O. A. Pidoprigora) are a reference point for the development of private international law in Ukraine in the 21st century. Private international law of each state has its own history of development. Private international law of Ukraine has its own history as well. The system of norms of private international law in Ukraine is based on the norms of the Romano-Germanic system of law. The norms of private international law in Soviet Ukraine were very laconic. The norms of modern private international law of Ukraine are increasingly adopting the features of European law. The attention of the author of the article is drawn to the topical problems of private international law of Ukraine at the present stage of development of society. They need a solution. Among the issues that should be resolved is the question of the independence (or non-independence) of private international law as a branch of law. The problem of more and more frequent subordination of legal relations arising with the participation of citizens of Ukraine to the foreign legal system, instead of applying conflict and substantive legal norms of Ukraine to such legal relations, also requires a solution. The issues arising in connection with the pandemic associated with the spread of infection caused by COVID‑19 need to be addressed as well. The application of the norms of private international law in IT technologies should attract the attention of Ukrainian scientists. This problem is especially relevant when organizing distance learning in educational institutions in a pandemic.

scholarly journals An outline of private international law in the branches of public international law

2021 ◽  
pp. 55-67
Author(s):  
Galina Georgievna Shinkaretskaya
Keyword(s):  
International Law ◽  
Intergovernmental Relations ◽  
Legal Regulation ◽  
International Investment ◽  
Public Law ◽  
Private International Law ◽  
International Treaties ◽  
International Investment Law ◽  
Legal Norms ◽  
Multiple Parameters

The author reviews the key aspects of using the norms of private international law in intergovernmental relations, development of the universal legal norms and methods in the conditions of globalization. It is noted that public and private international law differ in multiple parameters, particularly the method of regulation. Private law relationships are regulated by the national legislations, while public law relationships are regulated by international treaties, which can be expressed in form of agreements, customs, or tacit consent. consent form. The author underlines the importance of distinguishing between the sphere of private and public law, as well as proper application of the corresponding regulatory mechanisms. To research employs formal-logical, systematic, comparative, and other methods. The relevance of modernizing legal regulation of foreign economic activity is emphasized. The author notes that the norms that establish the procedure for regulating the behavior of private and legal entities have been included into the international law. The manifestation of this phenomenon can be seem in the international investment law (investment process), law of the sea (in the area of resource extraction). The future position of privately held companies in the development of lunar resources is being actively discussed. This phenomenon can be substantiated by the need to establish a unified rule of law for the activity of non-state actors in the corresponding branches of international law.

Diversity and Integration in Private International Law

2019 ◽  
Keyword(s):  
South America ◽  
International Law ◽  
Value Systems ◽  
Private International Law ◽  
Diverse Range ◽  
Cross Border ◽  
Wide Range ◽  
Depth Analysis ◽  
And Shifts ◽  
Substantive Law

This book opens a cross-regional dialogue and shifts the Eurocentric discussion on diversity and integration to a more inclusive engagement with South America in private international law issues. It promotes a contemporary vision of private international law as a discipline enabling legal interconnectivity, with the potential to transcend its disciplinary boundaries to further promote the reality of cross-border integration, with its focus on the ever-increasing cross-border mobility of individuals. Private international law embraces legal diversity and pluralism. Different legal traditions continue to meet, interact and integrate in different forms, at the national, regional and international levels. Different systems of substantive law couple with divergent systems of private international law (designed to accommodate the former in cross-border situations). This complex legal landscape impacts individuals and families in cross-border scenarios, and international commerce broadly conceived. Private international law methodologies and techniques offer means for the coordination of this constellation of legal orders and value systems in cross-border situations. Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions in Europe and South America, this edited collection focuses on the connective capabilities of private international law in bridging and balancing legal diversity as a corollary for the development of integration. The book provides in-depth analysis of the role of private international law in dealing with legal diversity across a diverse range of topics and jurisdictions.

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