DOI: 10.7256/2454-0633.2017.3.23176

Abstract: The article is devoted to the activities of the International organization of La Francophonie, the history of its establishment, institutional structure, acts and regulations, developed within its framework. IOF is a specialized international regional organization aimed at the development of social and cultural aspects of foreign policy of Francophone States. IOF Member States do not belong to one particular region of the world, and are scattered almost all over the globe. IOF is undoubtedly reputable specialized international and regional organization aimed at the development of social and cultural aspects of foreign policy of Francophone States. Member States MOF does not belong to one particular region of the world, and are scattered almost all over the globe that enables organizations to develop and maintain their socio –linguistic space in almost all continents of the world. It appears that the essential mission of La Francophonie is not only to maintain and strengthen the status of the French language, but also in the realization of geopolitical interests of France, through the promotion of linguistic culture, the creation of a Francophone social space.

DOI: 10.7256/2454-0633.2017.3.23797

Abstract: This article examines the principle of uti possidetis that originates from the Roman civil law and has transformed into the general principle of international law under the influence of practice of the states, international judicial bodies, and specialized international arbitration courts. The author reviews the fundamental role of the principle pertaining to the case of disintegration of the Socialist Federative Republic of Yugoslavia (SFRY): acknowledgement and retaining of domestic borders – former territorial units of the erstwhile state, and their transformation into the international boundaries of the newly formed sovereign nations. Special attention is given to the work of Badinter Commission established by the European Union for settling various legal issues within the framework of disintegration of the Socialist Yugoslavian State, including the boundary and territorial disputes and conflicts in the process.

DOI: 10.7256/2454-0633.2017.3.24094

Abstract: This article examines the voluntariness as the key principle that lies in the foundation of establishment on the relations between the member-states in the context of creating the transnational formation, as well as the emerging due to implementation of the main goals. The author formulates the notion of voluntariness; reviews the consolidation of this term in the normative legal acts of domestic legislation and international legal acts ratified in the Russian Federation, as well as decisions and decrees of the Constitutional Court of the Russian Federation. The principle of voluntariness is subject to a more detailed research through the prism of international relations of the Russian Federation, as one of the fundamental principles that define the partial delegation of authorities of the Russian Federation to a certain transnational formation. The author meticulously analyses the consolidation, realization, and effect of the principle of voluntariness in various branches of the law. Operation of the principle of voluntariness is applied to the member-states, authorities, officers, subjects of international law that incurred obligations for international agreements before the transnational formation. The discussed principle also lies in the foundation of the organizational relations (establishment of transnational formation, entering/exiting the membership), relations between the member-states regarding the realization of the undertaken responsibilities, exercise of powers by the authorities, employment relationship and foreign relations pertaining to the international activity of transnational formation.

DOI: 10.7256/2454-0633.2017.3.23459

Abstract:   The subject matter of this article is comprised of the legal aspects of qualification and contestation of the refusal of an international institution to initiate a request to its other branch at the request of a business entity on the example of the EEC and the EurAsEC, which have previously dealt with such issues. The author seeks the answer to the question whether such refusal is an action or inaction of this institution. The review covers the most important facets of law enforcement, including features of prejudicial inquiries. The author comes from the subjective-objective orientation of processes and phenomena in the surrounding world. From this position, the author uses general scientific methods (system analysis and synthesis of normative and practical materials, etc.) and special legal methods of legal research (comparative, of interpretation of legal norms, etc.). The main conclusion of the conducted research is the idea that various integration associations, formed in different regions of our planet, in the course of their development face the same challenges in the functioning of their institutional systems. The experience of the ones that have a longer life is always useful, because it allows finding practically applicable solutions based on tested samples, which may be significant for the future. The results presented in this article can be useful for practitioners who have ties with the EU and the EurAsEC, as well as for law enforcement bodies in Russia. They also serve as a source of valuable information that enriches the domestic private law.    

DOI: 10.7256/2454-0633.2017.3.23347

Abstract: The object of this research is the East African Community (EAC) – an economic association that currently unites Kenya, Tanzania, Uganda, Burundi, Rwanda, and Southern Sudan. Particular attention is given to the integration processes in Africa in the post-colonial period, doctrine of federalism in the political discourse of African countries, causes of the crisis and the disintegration of the EAC in the 1970’s, as well as economic and political reasons for reintegration of EAC. The article also analyzes the evolution of the East African Community from being an economic alliance to political, as well as from the perspective of establishment of federative state on the basis of EAC. During the course of this work, the author used the method of historical reconstruction, which allowed identifying the key factors that substantiate the economic consolidation of EAC, and the determinants of development of the member-states that impede the formation of a unified federative state in East Africa. The author refers to the insufficiently studied problem of political integration of the Black Continent countries. The conclusion is made that the implementation of federative project in East Africa can be encumbered by such factors, as the high possibility of propensity towards conflict within the EAC member-states, tribalism, cultural, confessional, and language diversity alongside the assertiveness of the leaders and political elites.

DOI: 10.7256/2454-0633.2017.3.23845

Abstract: The subject of this research is the facts of misuse by the investors of protection mechanisms embodied in international agreements in the course of resolving disputes with the foreign states. The article analyzes the expert and scientific approaches towards the practice of changes in organizational structure of transnational corporations, provides examples of the investors’ unscrupulous actions, as well as describes the forms of organizational planning of corporations for the purpose of initiating the international arbitration proceeding against the state. Accent is made on the arguments against the unethical restructuring of the investor’s corporations with the sole objective of initiating of a judicial proceeding against foreign state. The main conclusion of the conducted research lies in the author’s statement that the misuse of procedural protection mechanisms by the investors in disputes with the foreign states creates an actual threat to sustainability of the existing regime of dispute resolution between the state and investor. The lack of admissible solutions in the nearest future inevitable leads to the worsening of the established situation. Many of the developing countries begin to express doubts in objectiveness of the international investment courts, thus, explaining their desire to exit the Washington Convention of 1965. Such situation can negatively affect the overall development of the international investment law. The author’s special contribution into the research of this topic consists in the recommendations of reforming the system of international investment law.

DOI: 10.7256/2454-0633.2017.3.23945

Abstract: The subject of this research is the legal issues associated with countries’ secession from the Rome Statute of the International Criminal Court. Special attention is given to the analysis of decision of the Russian Federation adopted on November 16, 2016 not to become a party to such international agreement. The task of this work consists in determination of the formal and actual motives of the made decision, legal obligations of Russia in the period between ratification and abrogation under the Statute of International Criminal Court, as well as legal consequences of such decision. Due to the fact that the Decree of the President of the Russian Federation indicates the motives of the adopted decision, the article makes an attempt to identify these motives using the method of analysis, primarily of practice of the International Criminal Court with regards to the sitututations that directly affect the national interests of Russia. The article is first within the national scientific literature to suggest a comprehensive answer to the question about Russia’s motives for not becoming a party to the Statute of the Rome International Criminal Court. The author highlights the four groups of motives: socio-philosophical; fundamental legal; general causes associated with the activity of the International Criminal Court; and reasons associated with the situations that have direct application to the Russian Federation. Analysis of the indicated motives demonstrates that the adopted decision to withdraw from the Rome Statute of International Criminal Court fully and justifiably meets the national interests of the Russian Federation.