After the Second World War, significant progress was made in the international recognition and protection of children's rights. It should be noted that the international system for the protection of children as an integral part of the protection of human rights was created only within the United Nations after the Second World War. One of the main principles of this system is the declaration of respect and observance of human rights and freedoms without any discrimination. The main international legal mechanism for the protection of children's rights is the 1989 Convention on the Rights of the Child. This document is a universal international agreement defining the obligations of states to protect and ensure the rights of children. Under the Convention, in States parties, children enjoy equal rights with adults in the exercise of their rights. However, it is important to recognize that a child is a person who needs special care. Features of the legal status of children as a separate category in international human rights law determine the specifics of the subject of these rights. In most national laws, children belong to a separate social group. Up to a certain age, a child needs special care, care and special protection. Children are more susceptible to the negative consequences of the world around them, because children cannot independently provide their safety and protection for objective reasons.
Müəllif :
Sevinj Abdullayeva
Nəşr tarixi : 2019
In light of the recent amendments in legislation it may be concluded that the legislator is seeking to establish robust regulatory framework for capital markets. Despite remaining lack of regulation, the derivative transactions are being concluded in Azerbaijani market. Such agreements are concluded with Azerbaijani counterparties or with foreign counterparties. This tendency raises certain questions pertaining not only to legislation directly governing such transactions but also leads to a thought what kind of protection apart from contractual protection is offered to foreign counterparties of derivative transactions. The Article seeks to identify whether over-the-counter (“OTC”) derivative transactions in particular, may fall under category of foreign investment, what are the threats for foreign investors entering into OTC transactions and what kind of protection are they offered should there be lack of protection envisaged by a given Bilateral Investment Treaty. For addressing the issues raised above, the Article offers two perspectives: protection offered by international agreements (namely Bilateral Investment Treaties) and arbitration or protection offered by national legislation of the Republic of Azerbaijan. Speaking of first perspective, the Article analyzes tendencies in drafting of Bilateral Investment Treaties, in particular definition of investment provided in Bilateral Investment Treaties. In addition, applicable court practices, namely rulings of International Centre for Settlement of Investment Disputes are also being analyzed. Speaking of second perspective, the Article refers to applicable legislation of the Republic of Azerbaijan in order to identify whether the rights of a foreign counterparty to OTC derivative transaction may qualify as foreign investment and enjoy respective level of protection.
Müəllif :
Malik Ramazanzade
Nəşr tarixi : 2019
Good administration issues can also be found in legal documents adopted prior to the formation of the European Union. Improving management is an ongoing responsibility of any state. Today’s decisions make it possible to identify the correct vector for the further development of the system of state and municipal government. The consistent implementation of the idea of "good administration" is, of course, a priority for the development of states and demonstrates the authorities' desire to establish clear and harmonious relations within the framework of the system of legislative acts. The experience of the constitutional development of European countries shows that the implementation of this idea will enrich human rights with the quality of participation in government, expand the mutual obligations of the parties to create an open and democratic state. The right to good administration set forth in the Charter of Fundamental Rights is a clear and open confirmation of the existence of the obligation of state bodies to be in the best position to make the necessary decisions. Thus, this task provides significant support for procedural issues, which currently occupy a higher position.
Müəllif :
Laman Aliyeva
Nəşr tarixi : 2019
From the provisions of existing international law it can be concluded that all crimes defined in international criminal law as military are united by the following legal features: 1. These crimes encroach on the procedure for conducting armed conflicts of an international and non-international nature established in the fundamental principles of international law and international humanitarian law. The regulated procedure for conducting military operations in armed conflicts is an integral part of the interests of ensuring peace and security of all mankind. 2. The list of war crimes is established in the documents of international criminal law. In this regard, A criminal breach of universally recognized principles of international law and international humanitarian law committed during an international or non-international armed conflict is a "war crime" which gives rise to a substantial relationship in international criminal law. All of the above makes it possible to define a war crime under international law as an act which consists in violating the rules for conducting armed conflicts of an international and noninternational nature established by fundamental principles of international law and international humanitarian law and the crime of which is defined in an act of international criminal law.
Müəllif :
Mehriban Eyyubova
Nəşr tarixi : 2019
Several classifications of international offenses have been proposed in international law. In the modern world, international offenses have been divided into three categories: international crimes, crimes of international character and delicts. The article analyzes issues of differentiation problem in the responsibility for international crimes and crimes of international character.
Müəllif :
Shahla Samedova, Maleyka Bayramova
Nəşr tarixi : 2019
The notion that the greatest threat to the existence of human civilization is an environmental threat is officially recognized at the highest interstate level. In general, environmental security is a phased, multifunctional social and legal phenomenon, and its provision is a very important type of dynamic, and sometimes legally significant activity. Threats to environmental security are always real. Due to the reality of threats to environmental security, we can conclude that the current state of the environmental sphere in most countries is critical. Environmental security is a special social and legal event. However, its identifiable or specific status remains unclear, which complicates its legal assessment and delays the resolution of relevant relations and legal liability issues. Ecological security includes elements of personal and public security, and ecological or public ecological security can be recognized as an element of public security, which is an integral part of a country's national security. Environmental security is ensured through the development and implementation of a set of measures aimed at the prevention of environmental violations. Nevertheless, there is a struggle against threats to the important interests of the individual, society and the state in the field of ecology.
Müəllif :
Razim Isayev
Nəşr tarixi : 2019
This article has been dedicated to one of the significant problems of our times. It discusses several aspects of the FoRB regime in Azerbaijan Republic. First of all, the author takes a look at the historical roots of FoRB very briefly. Then, he provides analysis of the four pillars of the Azerbaijani legal FoRB regime and discusses the appropriate legal principles. Furthermore, he compiles a list of challenges for FoRB in Azerbaijan. He also reviews factors mitigating and or aggravating those challenges
Müəllif :
Ramin Aliyev
Nəşr tarixi : 2019
This article focuses on the modernization of national economic models in the context of globalization. In this article, the tendencies of the world economy development are considered, including the struggle for a new trade and economic division of the world, the countercyclical and debt nature of the world economy movement. In fact, the political economic approach presupposes the interrelation of economic development with national interests. This is very important for achieving the optimal balance between national and supranational mechanisms of progress in the economic and social fields. The article substantiates the need to use a nationally oriented approach in the political economy, which is a national economic system of market relations in unison with the national factors characteristic of the country. Each national economy can be defined as an institutional model, open to external relations in various degrees, but adhering to evolutionary claims that have evolved over the centuries under the influence of economic, political and cultural factors. In addition, the article shows that progress in the global economic space will reflect a fuller manifestation of interests in those countries where national economic interests are fully integrated into the network of economic processes of a sovereign country that has an institutional system for ensuring national security and citizens' rights, as well as a more complete manifestation these interests. In the context of these trends, the article discusses the impact of global economic trends on the national economy.
Müəllif :
Kaysin Khubiyev, Amil Maharramov, Hadjiaga Rustambayov, Emin Garibli
Nəşr tarixi : 2019
There are three types of democratic republic governance forms: presidential system, where executive and legislative branches are elected by people, without any responsibility to each other; parliamentary system, where legislative branch or even more head of the state are elected by people, but government takes responsibility before parliament, semi-presidential system, which consists of the mixed properties of these two forms of government. Transition of these systems, particularly between presidential and parliamentary government forms, is one of the topical issues of recent times. The article is devoted to the comparative analysis of the presidential government applied on the proposal of the Justice and Development Party (AKP) with US sample. The aim of the study is to analyse the main features of this form of government in Turkey in the context of US government system and to demonstrate its results in terms of democracy. In this context, firstly the principles of the Turkish and US presidential administration forms had been examined based on constitutions, and then the comparative analysis had been conducted and probable results had been put forward. It is still unclear for many people what to expect from the so-called ‘Turkish type of presidential system’. This analysis was based on the study of the sources related to the subject, the analysis of the results obtained, the analysis and synthesis of the arguments, and also the comparative analysis method.
Müəllif :
Zuriya Garayeva
Nəşr tarixi : 2019
The present article covers a research on legal status of legal entities as subjects of entrepreneurial activity with a brief historical observation of theories on judicial nature of legal entities. Based on the research the author comes to the conclusion that enterprises in Azerbaijan are not independent legal categories. Also it is proposed to make necessary changes in the legislation according to which the enterprise will be perceived neither as the subject of law, nor as a real estate. The author offers his own version of “enterprise” term definition. It is proposed to add to the legislation a common norm along the lines of: “Parties are entitled to enter contracts with enterprises as property complexes in subject. By the will of parties any kind of property can be part of such an enterprise. In this case facilities that form such an enterprise must respond the purposes of this enterprise and must be transferred in condition suitable for these purposes.”
Müəllif :
Aysel Abbasli
Nəşr tarixi : 2019
