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
The principle of proportionality is the most important criterion for assessing the legitimacy and lawfulness of the limitation of human rights. Despite the lack of a contractual framework, through the practice of international monitoring bodies, especially the European Court of Human Rights, the principle of proportionality has become one of the key principles of the international legal protection of human rights. The principle of proportionality sets the limits for state intervention in the exercise by individuals of their fundamental rights and freedoms guaranteed by international treaties, determining the relationship between the state and civil society. The principle of proportionality is an important means of control realized by the Strasbourg Court in a concrete and thorough manner with the aim of ensuring an equitable balance between the legitimate aim of the limitation and the guaranteed rights of the individual. It is necessary to consider the principle of proportionality of the limitations of the rights and freedoms of citizens on the basis of a comprehensive analysis of such concepts as necessity, legality, goals, limits, scope, methods and duration of limitation.
Müəllif :
Mehdi Abdullayev
Nəşr tarixi : 2019
The article is dedicated to the phenomenon of diplomatic protection which may arise from the injured rights of a natural or legal person on the territory of another state. The historical context of occurrence of diplomatic protection and general approach to this institute which is shown both in doctrine and international legal practice are examined. Author refers to several judgments held by the International Court of Justice in order to describe the tendency concerning the application of diplomatic protection in practice. This has been examined on cases concerning the protection of natural persons and legal persons separately. The role of diplomatic protection in the settlement of international investment disputes of diagonal character was studied.
Müəllif :
Amir Aliyev, Mamed Chiragli
Nəşr tarixi : 2019
The article is devoted to the study of the problem of self-determination of Abkhazia and South Ossetia. The aspirations of the peoples of Abkhazia and South Ossetia are shown here, the provisions of national legislation, the norms of International law are analyzed. Established provisions in which young state-like entities can receive the legal right to self-determination, the role of referendums on self-determination, as well as the recognition of such new states in accordance with international law are noted. The article shows the historical chronicle of selfdetermination of Abkhazia and South Ossetia.
Müəllif :
Gulu Novruzov
Nəşr tarixi : 2019
The article analyzes the provisions of the new Convention on the legal status of the Caspian Sea in 2018. It shows all the new novels, which are the fruit of more than 20 negotiations of representatives of the presidents of the Caspian States. The article identifies all the positive aspects of the Convention, as well as its shortcomings. The author, in General, positively assessed the efforts of the Caspian States to coordinate the "Constitution" of the Caspian sea, indicated that its adoption will have a charitable value in the life of the States surrounding the Caspian sea.
Müəllif :
Rustam F. Mammadov
Nəşr tarixi : 2019
