Revisiting the periodization of the development of the contemporary system of international justice
Автор: Shamarov P.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 1 (42), 2016 года.
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The article is analyzed and specified approaches to the periodization of the development the contemporary system of international justice which were adopted in national and foreign jurisprudence, as well as the authors scientific standpoint is also based on the scope of study. In particular, over the past 25 years a number of sensitive international legal instruments have been adopted in the field of jurisprudence. One of the key legal developments of the end of the XX century has been the creation of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia (hereinafter the ICTY). Having regard to the above, it seems advisable to limit the duration of the fifth stage by 1992, and to offer as a point of reference of the next - the sixth (current) period of the development of contemporary justice - the fact of creation of the ICTY in 1993. Thus, it is believed that although the Economic Court of the CIS was formally established earlier - in 1992, due to variety reasons this international judicial body could not be identified in this capacity. The major milestone of the fifth stage (based on admissibility of the current legal development to the theory of international law and its affected impact on the development of the whole system of international justice) should be considered for creation of the Nuremberg Tribunal in 1945 (International Military Tribunal for the tribal and punishment of the major war criminals of the European Axis). Generally, in our view, the periodization of the contemporary system of international justice may include six consecutive empirical stages of its development.
International law, international courts, stage (period) of development of contemporary system of justice, system of contemporary international justice
Короткий адрес: https://sciup.org/14120110
IDR: 14120110