DOI: 10.7256/2454-0633.2018.3.27187

Abstract: The subject of this research is the question of implementation of temporary measures in case of non-compliance with the decisions of the Dispute Settlement Body of the World Trade Organization. The author analyzes the implementation of temporary measures in the General Agreement on Tariffs and Trade (GATT), explores the order of implementation of temporary measures with regards to the Agreement of rules and procedures regulating the dispute settlement, studies the question of the volume of suspension of concessions as a temporary measure, as well as the possible issues that can emerge at the stage of determination of the volume. The author analyzes the practice of implementation of temporary measures. The scientific novelty lies in detailed consideration of the order of implementation of temporary measures in case of non-compliance with the decision of the Dispute Settlement Body of the World Trade Organization, as well as examination of the corresponding practice of the countries established within the framework of GATT / WTO. The study of this question remains relevant so that Russia can seize an opportunity for protecting its interests to the fullest possible extent in terms of WTO. The following conclusions were made: compensation is not a sufficiently effective temporary measure, therefore, the countries more often refer to suspension of concessions; mechanism for suspending concessions cannot be called perfect, because the developing countries are often not able to implement such measure for protecting their interests, thus it would seem that such mechanism requires reforms (the introduction of interim relief is possible).

DOI: 10.7256/2454-0633.2018.3.27346

Abstract: The subject of this research is the regulations of the Treaty on the Eurasian Economic Union and its protocols pertinent to the conditions for acknowledging the functionality of the single services market on any sector. Attention is given to the categories of “barrier” and “restriction” applicable to functionality of the single services market, the definitions of which are absent in the law of the Union. The existence of such obstacles in certain cases can create discrimination of the EAEU member-states, and thus destroy the single services market. The author also meticulously review the sector of services in research and development, in which the operation of the single services market is recognized by the Supreme Eurasian Council. The article analyzes the separate positions of national legislations of the EAEU member-states that regulate the rendition of services in the indicated sphere, concerning the identification of possible barriers and restrictions. A conclusion is made on the need for continuing the harmonization of national legislations on research and development sector, as well as monitoring of the changes introduced by the forming law enforcement practice. The author underlines the need for development of the Union’s law regarding the determination of signs of inadmissible barriers and limitations, as well as formulation and regulation of mechanisms on their removal.

DOI: 10.7256/2454-0633.2018.3.27041

Abstract: Antarctic is a region with the distinct legal regime. A number of countries claim the territorial sovereignty in Antarctic that also suggests the rights to continental shelf; however, these pretenses have been “frozen” within the framework of the Antarctic Treaty of 1959, which denies any grounds for claiming or maintaining pretenses for territorial sovereignty in Antarctic. The new pretenses or expansion of the existing ones are not declared. According to the United Nations Convention on the Law of the Sea (1982), the countries that intended to set the limits of the shelf beyond 200 miles, must submit a request to the Commission on the Limits of Continental Shelf to receive recommendations. The subject of this research is whether or not the regulations of the Treaty of 1959 will impede the submission of requests to the Commission regarding the Antarctic shelf, considering such requests by the Commission, as well as the possible legal consequences. The states claiming sovereignty in Antarctic adhere to several basic strategies that ensure their geopolitical interests, but do not violate the Treaty of 1959. At the same time, from the author’s perspective, the consideration of such request by the Commission will contradicts the international legal regime of Antarctic and the internal documents of the Commission. Therefore, it is currently impossible to set the “external limits of continental shelf of the littoral stat” according to the Article 79 of the Convention of 1982 in Antarctic. The balance of rights and obligations, in accordance of the Antarctic Treaty, should not and cannot be affected by the activity of the Commission in any case.

DOI: 10.7256/2454-0633.2018.3.27239

Abstract: This article analyzes the forming concept of “universal legal capacity and equality” applicable to people with disabilities or limited mobility. It is contained in all basic acts dedicated to the status of disabled, documents and practice of the Committee on the Rights of Persons with Disabilities. Currently, the international community is concerned over the situation with declaring, but low likelihood of exercising of certain individual rights by the persons with disabilities. For solution of this issue was proposed a concept that allows limiting the use of custodial-isolation approach towards people with disabilities or similar categories of people. The aim of this research is to resolve the question of feasibility of correction of this situation through changes in specific legislative and international bills. The conclusion of this study consists in the claim that the concept of “universal legal capacity and equality” is only partially capable of correcting the state of things; practical implementation of rights of persons with disabilities depends not only on formulation of legislative bills, but also conducting number of research, which are not of strict legal nature and must pursue correction of the social dogmas in social consciousness.

DOI: 10.7256/2454-0633.2018.3.27515

Abstract: The subject of this research is the representations of the limits and content of the systems of Evangelical theological education reflected in acts of the various intergovernmental and nongovernmental international organizations. These systems feature the religious educational organizations, faculties of secular universities, as well as structural departments of religious institutions that prepare the ministers and religious personnel. The need for referring to international acts is substantiated by ambiguity of formulations of the specialized Russian legislation and dispositions of the Russian centralized religious organizations, which complicates the advancements of this sphere in the context of harmonization of the state-confessional relations. In the course of this work, the author applies the methodology of soft systems developed by Peter Checkland and his supporters, which allows reconstructing the normative requirements of the various international acts, compare the acquired results with the relevant practice in corresponding sphere, as well as highlight the most prioritized vectors of its development. The scientific novelty lies in the fact that for the first time the normative acts of the international intergovernmental organizations that regulate higher education at the global level, have been examined in comparison with dispositions of the international nongovernmental organizations, created by the representatives of Evangelical churches for the purpose of advancement of the professional theological education. The author demonstrates how the theological education can be implemented into the global educational system. Similar world experience can be valuable for the development of Russian legislation, particularly with regards to international cooperation in the field of education.

DOI: 10.7256/2454-0633.2018.3.26631

Abstract: The subject of this research is one of the new directions in activity of the regional intergovernmental organization ASEAN (Association of Southeast Asian Nations) – the protection from natural disasters. ASEAN rarely becomes the object of research, namely in the context of realization of protection from natural disasters. Escalation of the existing problems in this sphere in the early XXI century in the Pacific Rim triggered the development of the new vector in activity of the organization. The author describes in details the peculiarities of establishment of this mechanism, its problems and prospects. Special attention is given to the content of framework agreements of ASEAN, which are the core of the entire mechanism of cooperation. Methodological base includes the historical approach to establishment of the analyzed relations, analysis and synthesis of information on the activity of organization in the indicated sphere, as well as its legal regulation. The conclusion is made regarding the effectiveness of regional cooperation in the field of protection from natural disasters, as well as its openness for cooperation with the countries of the entire global community. The analysis demonstrates that ASEAN is a vivid example of proper use of its negative experience for advancement and improvement of the quality of cooperation in the particular area of interests of the organization.