DOI: 10.7256/2454-0633.2022.1.37470

Abstract: China and Japan are the two largest importers of natural gas in the world. Both countries have accelerated the reform of domestic natural gas markets and the establishment of domestic natural gas trading centers (natural gas hubs) in order to achieve carbon neutrality goals and ensure the security of domestic natural gas supplies. The conclusion of short- and medium-term contracts for the supply of liquefied natural gas (LNG) affected the execution of long-term contracts, the prices of which were tied to JCC. As a result, Chinese and Japanese natural gas buyers began to demand that international natural gas sellers, including Russia, use hub market prices. The article analyzes measures to ensure the security of natural gas supplies and reforms of domestic natural gas markets in China and Japan. The interrelations, advantages and disadvantages of long-term, short-term and spot contracts are highlighted. Based on the analysis of the court decision in the case of GNA v. Atlantic LNG, the conclusions of international arbitration practice on price revision clauses are summarized. The following conclusions are drawn： 1. Arbitration proceedings on the revision of prices contributes to the transition from a formula for calculating prices linked to the oil price index to a pricing mechanism based on various indices of natural gas hubs.2. When concluding a new long-term contract, it is proposed to comprehensively use the price index of the emerging shopping center, the spot price and the price formula calculated by JCC.3. A long-term contract still plays an integral role in ensuring safe natural gas supplies in extreme events (for example: a similar COVID-19 epidemic).

DOI: 10.7256/2454-0668.2021.6.37260

Abstract: This article analyzes the modern concepts of data sovereignty, as well as the corresponding issues of their practical application. Based on the example of China as the country with the largest in the world number of Internet users and developed economy, description and critical assessment is given to the existing approaches towards data sovereignty, taking into account the international law experience. The conclusions acquired in the course of theoretical analysis are proven on the case of the company “DiDi Taxi”, the share allotment of which on the New York Stock Exchange has been terminated due to posing risks to the information sovereignty of the People's Republic of China. It is established that the modern concepts of “data sovereignty” are based on application of the methodology of previously existing branches of legal science on the storage, processing and transmission of data; therefore, the explanations developed on their basis cannot be acknowledged as universal and fully meeting the specificity of the object of regulation. Based on the case of “DiDi Taxi”, the author formulates the objective criteria that may underlie the restriction of the right of the company to freely use the following data: number of users, scope of data, and possibility of their preliminary verification). Special attention is given to the problems associated with the attempts of the United States to revise the principle of determination of the state jurisdiction of data, which has established in the international practice, based on the principle of data localization. It is noted that the establishment of such regulation is unacceptable and may lead to political and economic conflicts in the future. The obtained results give an adequate perspective on the current concept of data sovereignty and the related issues, thereby drawing the interest of law enforcement agencies and scholars dealing with the national security issues.